Does the Prosecutor Have to Give Me All the Evidence that Helps My Case?
On October 21, 2020, three months ago now, the President of the United States signed into law, maybe the only truly bi-partisan accomplishments of Congress over the last few years: The Due Process Protection Act of 2020 (“DPPA”) P.L. No. 116-182, 134 Stat. Ann. 894.
Loss of Airport Access Credentials -Secured Identification Display Area (SIDA) badge
In 2015, TSA performed almost 13 million employee screenings for individuals requesting unescorted access to secured areas in airports. These credentials, called Secured Identification Display Area (SIDA) badges are necessary for everyone from pilots to janitorial workers that need regular access to areas in the airport that are behind the security checkpoint. While terrorism concerns provide the main justification for this coveted credential, the criminal history disqualifications are much more likely to affect your average applicant or employee.
Arizona Standard Conditions of Probation Now Include Warrantless Cell Phone Searches
Recently, the Arizona Supreme Court ruled that probationer’s cell phones are included in the definition “property” that is subject to warrantless searches and seizures, as long as the search is “reasonable under the totality of circumstances.”
SCOTUS Resolves Circuit Split and Rejects 9th Circuit’s More Lenient Cancellation of Removal Standard
Immigration law is full of confusing jargon and seemingly contradictory statutes. One confusing concept is that of “inadmissibility.” On its face, inadmissibility would seem to mean that one who is ineligible to be “admitted” to the U.S. is “inadmissible,” but this term also applies to aliens within the U.S. who have committed one of a number of offenses. In other words, you do not have to be seeking admission or denied admission, once you have committed a qualifying offense, you are “inadmissible”.
What is Prosecutorial Stacking of Charges?
In Arizona, repeat felony offenders face harsher sentencing guidelines than first-time offenders. When prosecutors “stack” charges, defendants can be sentenced as repeat offenders even if the defendant has no prior convictions. Under current guidelines, as long as a prosecutor can prove that crimes were committed on separate occasions, the crimes can be prosecuted in the same trial but for the second and subsequent offenses, the defendant is sentenced as a repeat offender.
Covid Assault: Is it a Real Thing?
Yes! Jurisdictions all over the country are faced with cases of individuals using or threatening to use Covid-19 as a “weapon” to harm others. You may have seen the now viral video of a woman who was seen coughing on produce in a grocery store, but that is only the tip of the iceberg and different jurisdictions are handling these situations in different ways.
No reforms for Arizona asset forfeiture this year
Proposed reforms to Arizona’s asset forfeiture rules failed this year, despite strong support. Analysis of
state data shows that forfeitures fall heaviest on people who cannot afford an attorney, most cases
involves small amounts of money, and crime victims receive little compensation.
No COVID-19 business loans for owners with recent felony convictions
The Paycheck Protection Program is supposed to protect small businesses that otherwise might not weather the COVID-19 economic storm by providing low-interest forgivable loans primarily intended to preserve employment. The very smallest businesses – self-employed people and independent contractors – are also eligible. Unless, that is, the person has a felony conviction, even though it is precisely these people who have the greatest difficulty finding employment after serving their sentence.
Are Courts in Arizona Closed Due to Coronavirus?
We hope you are all well. We’ve had a lot of questions lately about court appearances in Tucson on criminal matters in light of the National and State Emergencies. For the most part, other initial appearances after custodial arrest, and certain in-custody matters and orders of protection, most criminal matters in Tucson are temporarily continued, at least for the next few weeks, as we explain below. A couple things to keep in mind:
Does Arizona Law Enforcement Use the New Clearview AI Facial Recognition App?
It is unknown whether any Arizona law enforcement agencies are using the new facial recognition technology sold by a company called Clearview AI, but since over 2200 entities are using this technology, it is highly likely it is being used here in Arizona.