In 2021, Arizona took a significant step to protect the property rights of its citizens with the passage of House Bill 2810 (“HB 2810”). The law addresses the often-criticized practice of asset forfeiture, which has been used by law enforcement agencies to seize personal and real property suspected of being connected to criminal activity, often with little to no evidence of a crime. Prior to HB 2810, Arizona law allowed property to be taken and forfeited without requiring a criminal conviction, leading to numerous instances where individuals lost property without ever being charged with a crime. This new law changes that dynamic and introduces several reforms to ensure that property rights are better protected in the state.

In this article, we will explore some of the key provisions of HB 2810, its impact on Arizona residents, and the limitations that still exist in the system.

What is Asset Forfeiture? (More about Asset Forfeiture, Generally)
Asset forfeiture refers to the practice of law enforcement seizing property believed to be connected to criminal activity. In the past, law enforcement could seize cash, cars, real estate, or other property based on mere suspicion, even without the property owner being charged or convicted of a crime. Once seized, law enforcement could initiate forfeiture proceedings, effectively transferring ownership of the property to the state.

Although proponents of asset forfeiture argue that it helps to deter criminal activity by depriving criminals of ill-gotten gains, the practice has faced increasing scrutiny. Critics argue that it can be easily abused, particularly when property is seized from individuals who are never charged with a crime, or when property owners are unable to challenge the seizure in a timely manner.

Key Reforms of HB 2810
House Bill 2810 introduces several important reforms that change how asset forfeiture operates in Arizona. The most significant provisions include:

1. Criminal Conviction Required for Forfeiture:
Under the previous law, law enforcement could seize property without the need for a criminal conviction. HB 2810 changes this by requiring a criminal conviction before most property can be forfeited. This ensures that property is only taken from individuals who have been proven to be involved in criminal activity, providing greater protections for innocent owners.

2. Stronger Link Between Seized Property and a Crime:
The law now mandates that seized property must be directly linked to a suspected crime. This strengthens the requirement that there is actual evidence supporting the connection between the property and criminal activity, rather than just a suspicion.

3. Timely Return of Seized Property:
HB 2810 also includes provisions to ensure that law enforcement agencies return property to its rightful owner in a timely manner. If criminal charges are not filed, or if charges are dismissed, the property must be returned within 60 days, offering greater transparency and fairness for property owners.

4. Innocent Owner Protections:
The law strengthens protections for individuals who own property but are not involved in criminal activity. If an innocent person’s property is seized, they now have a clearer process for recovering their property, even if they were not directly involved in the crime.

Governor Ducey’s Comments on HB 2810
When signing the bill into law, then-Governor Doug Ducey emphasized the need for a balance between protecting individual property rights and ensuring law enforcement has the tools necessary to combat criminal activity. He stated, "Arizona's Constitution provides broad protections for personal rights and property – broader than the United States Constitution. As such, when reviewing legislation, I have a constitutional responsibility to provide a balance between those rights and ensuring that law enforcement has the tools necessary to protect our state."

Governor Ducey’s statement reflects the intent of HB 2810 to both safeguard personal property rights and ensure that law enforcement can still effectively fight crime.

HB 2810 DOES NOT Apply to Federal Forfeiture
It’s important to note that HB 2810 only applies to state-level asset forfeiture. Federal agencies, such as the DEA, FBI, and Border Patrol, may still seize and forfeit property without requiring a criminal conviction. This is particularly relevant for federal cases involving drug trafficking or border-related crimes, where assets like vehicles can be seized during arrests or investigations. Federal asset forfeiture laws often have lower standards for property seizure than Arizona's state laws under HB 2810. Note: in Southern Arizona, vehicle seizures by Border Patrol are the most common asset seizures, and Federal law applies (HB 2810 does not help)

Seizure vs. Forfeiture: Understanding the Terms
The terms “seizure” and “forfeiture” are often used interchangeably, but they refer to different stages of the process. **Seizure** occurs when law enforcement takes possession of property. This is the initial step where property is taken by police, but ownership remains with the original owner unless the forfeiture process is completed. **Forfeiture** is the final step, where the government takes legal ownership of the seized property, effectively depriving the original owner of their rights.

Understanding the difference between these terms is crucial for individuals navigating the asset forfeiture process. And remember, just because property has been SEIZED does NOT mean that it will be FORFEITED.

What Should You Do If Your Property Is Seized in Arizona?
If you or a loved one has had property seized by law enforcement in Arizona, you have the right to challenge the seizure and seek the return of your property. Consulting with an experienced attorney can help you understand your legal options and potentially recover your assets. In Arizona, if your property was seized under the new HB 2810 rules, your chances of reclaiming your property have improved, especially if you can demonstrate that you were not involved in any criminal activity.

For a free consultation, contact Tucson Defenders today at 520-585-5757

Arizona’s passage of House Bill 2810 is a major step forward in reforming the state’s asset forfeiture laws, providing stronger protections for innocent property owners and requiring a criminal conviction before property can be forfeited. While the law does not eliminate asset forfeiture, it ensures that the process is more fair and transparent. However, it is important to remember that federal agencies are still able to forfeit property under different standards, so individuals whose property is seized should seek legal advice to navigate the complexities of the system.

A new law going into effect December 31, 2022 will permit certain people in Arizona to seal arrest records from their criminal records.  In short, Arizona Senate Bill 1294, which passed in 2022, will allow for many people arrested in Arizona to seal their arrest records.  This new law allows for sealing of arrests that occurred prior to the law going into effect, as well as for those arrested in the future.

This relief is new, and something not previously available under Arizona law.  If you have previously applied for a set aside or had civil rights or gun rights restored, you may also be eligible to go one step further and have court and arrest records sealed.  If you had previously been arrested but not charged with a crime, acquitted, or had charges dismissed, you will likely be eligible for this relief now, even though it was not available in the past.
MORE ABOUT CLEANING UP YOUR CRIMINAL HISTORY

The Arizona Department of Public Safety's Criminal History Records Division keeps track of every arrest in Arizona and adds the information to the person's criminal history.  This takes place even in cases where no charges were filed in court, and in cases where an arrested person had their charges dismissed or was acquitted.  The records are then forwarded to the FBI's Criminal Justice Information Services Division, the largest and most frequently used database when conducting a background check.

"Sealing" a record means taking a record out of the public's view.  This could include records maintained by a court, law enforcement agency, or other government actor.  A sealing order is a court order that restricts access to or disclosure of any record or document.  For years, Arizona law has allowed for sealing of various types of documents, including search warrant affidavits, court documents containing the information of minors or victims, and more.  Finally added to the list of records which a court can seal: arrest records.

This is a landmark change for many people.  Those who were not convicted of any crime, but who had been arrested, would still have an "arrest record."  Similarly, those who were convicted, but who had their convictions "set aside" would still have a vestige of a criminal history in the form of an "arrest record."

The new law does not cover all arrests.  Criminal offenses committed with the use of a firearm, sexually motivated offenses, offenses requiring sex offender registration, crimes against a victim under 15, and certain driving offenses are not eligible for sealing of arrest.

THE APPLICABLE ARIZONA STATUTE:
A.R.S. § 13-911- Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definition (FULL TEXT)
A.R.S. 13-911 states that people who meet the following requirements can have their criminal records sealed:

• A person who has been convicted of a crime and has satisfied all of the terms and requirements of the sentence issued by the court, including the payment of all monetary obligations and restitution to all victims, may file a petition to have all case files pertaining to the crime sealed.
• Having been accused of a crime and having the accusation later dropped or having received a not guilty finding at trial.
• Arrested for a crime, but no charges were brought.

According to Arizona law, having your arrest ordered sealed by the court means that you can lawfully assert that you were not arrested and hides the records from public view.  This can affect employment, housing, access to schools/hospitals/military bases/jails and more.  Additionally, an arrest record, even with no conviction, can result in difficulties with the background checks conducted for firearm purchases, professional licensing, and more.  Without associated court records, the agency reviewing a criminal history with an arrest, might not be able to determine what the final disposition of that arrest was.

There is also a long list of things that sealing a record doesn't do, including: use of a prior as a prior conviction for harsher punishments on a new case, use of a prior conviction to impeach a witness' testimony, or to show an element of a new offense.  Additionally, those applying for a professional license with a state or national licensing agency (e.g. nursing, real estate, law license) are generally expected to disclose even sealed matters.  Consult with an administrative law lawyer who specializes in professional licensing when applying for a professional license with any criminal history.

Because applications for sealing will not be reviewed until the new law goes into effect at the end of 2022, it is not clear exactly how long the process to seal an arrest will take.  Note that for more serious offenses, a period of time may need to pass before eligibility.  Additionally, the Court will likely not take action on your petition in less than 30 days as written into the statute.  Beyond that, the length of time this process takes will vary from court to court.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED WITH A CRIME, OR CONVICTED OF A CRIME IN ARIZONA, CONTACT THE TUCSON DEFENDERS TODAY TO SEE HOW WE MIGHT BE ABLE TO HELP YOU PETITION THE COURT TO SEAL ANY ASSOCIATED RECORDS.  520-585-5757.

Certain criminal charges in California carry mandatory minimum sentences, which judicial officers have generally been unable to sidestep.  This is applicable to some misdemeanor offenses which carry mandatory minimum amounts of jail time (for example, Driving Under the Influence) or more serious felony offenses which require a minimum amount of prison time to be imposed upon conviction for certain offenses.

This new change in the law increases judicial discretion, allowing a judge to look at a specific case and to determine that a particular defendant or particular crime does not require imposition of the prescribed minimum sentence.  Though this type of law does affect the separation of powers, this is also part of a trend away from mandatory sentencing, in favor of greater judicial discretion.  Federal sentencing, for example, was famous for its strict adherence to sentencing guidelines put in place during the late 1980s, until reforms rendered the guidelines merely advisory.  Federal law does still have mandatory minimum sentencing for certain offenses.

Prior to this change in the law, ARS §13-701 required a sentencing judge to look at the available range of sentencing and impose a sentence within that range based on the presence of mitigating or aggravating factors.  This included not imposing a sentence below the minimum available sentence.

Now, pursuant to ARS §13-719, judges may impose a sentence different from an applicable mandatory sentence, and may suspend the term if they deem that doing so is appropriate after considering the nature of the conduct, history and character of the defendant.  Whenever a judge does depart from mandatory minimum sentencing, they must state the reasons for doing so on the record at sentencing.

This law does not apply to crimes involving death or serious bodily injury to another person, certain child sex crimes, and engaging in a continuing criminal enterprise.

Though this new law does not guarantee a better outcome for any criminal defendant, it provides additional tools for defendants, defense attorneys, and judges in crafting more favorable dispositions.  It also takes away some of the bargaining power prosecutors would have when charging offenses with mandatory minimum sentences.

IF YOU OR A LOVED ONE IS FACING CRIMINAL CHARGES IN ARIZONA, HAVING AN EXPERIENCED, SKILLED ATTORNEY ON YOUR SIDE IS IMPORTANT.  CONTACT THE TUCSON DEFENDERS TODAY FOR A FREE CONSULTATION ABOUT YOUR CASE.  520-585-5757.

Child pornography is a form of child sexual exploitation, and is a very serious crime, both at the state and federal level. Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor (persons less than 18 years old).  Images of child pornography are also referred to as child sexual abuse images.

Child pornography is a serious crime that victimizes children and is met with very severe punishments if convicted.  If you have been charged with any crime related to child pornography, you need an experienced criminal defense attorney representing you in court.

Arizona Child Pornography laws
Under Arizona law, ARS 13-3553 governs the conduct typically referred to as child pornography.  Note that the law covers everything from simply purchasing or possessing such unlawful depictions all the way up to selling, disseminating, and even creating such depictions.

ARS 13-3553. Sexual exploitation of a minor; evidence; classification
A. A person commits sexual exploitation of a minor by knowingly:
1. Recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
2. Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
B. If any visual depiction of sexual exploitation of a minor is admitted into evidence, the court shall seal that evidence at the conclusion of any grand jury proceeding, hearing or trial.
C.  Sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.

Under Arizona law, the penalty for sexual exploitation of a child is most affected by whether the child is under fifteen years of age, a designation that makes the offense a Dangerous Crime Against Children (DCAC).  Depending on prior criminal history, mitigating and aggravating circumstances, a Class 2 felony can be punished by anywhere from 3-35 years in prison in Arizona. 

Federal Child Pornography Laws
In order for Federal law to apply, a person's receipt or distribution of prohibited material must in some way involve interstate or foreign commerce.  This has notoriously been broadly interpreted and will almost certainly be triggered by any use of the internet, mail, or other related means.

18 U.S.C. 2251 - Sexual exploitation of children(a) Any person who employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor in or affecting interstate or foreign commerce, or in any Territory or Possession of the United States, with the intent that such minor engage in, any sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct, shall be punished as provided under subsection (e), if such person knows or has reason to know that such visual depiction will be transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed, if that visual depiction was produced or transmitted using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed.

(b) Any parent, legal guardian, or person having custody or control of a minor who knowingly permits such minor to engage in, or to assist any other person to engage in, sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct shall be punished as provided under subsection (e) of this section, if such parent, legal guardian, or person knows or has reason to know that such visual depiction will be transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed, if that visual depiction was produced or transmitted using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed.
(c)(1) Any person who, in a circumstance described in paragraph (2), employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, any sexually explicit conduct outside of the United States, its territories or possessions, for the purpose of producing any visual depiction of such conduct, shall be punished as provided under subsection (e).
(2) The circumstance referred to in paragraph (1) is that—
(A) the person intends such visual depiction to be transported to the United States, its territories or possessions, by any means, including by using any means or facility of interstate or foreign commerce or mail; or
(B) the person transports such visual depiction to the United States, its territories or possessions, by any means, including by using any means or facility of interstate or foreign commerce or mail.

(d)(1) Any person who, in a circumstance described in paragraph (2), knowingly makes, prints, or publishes, or causes to be made, printed, or published, any notice or advertisement seeking or offering—
(A) to receive, exchange, buy, produce, display, distribute, or reproduce, any visual depiction, if the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct; or
(B) participation in any act of sexually explicit conduct by or with any minor for the purpose of producing a visual depiction of such conduct;

shall be punished as provided under subsection (e).
(2) The circumstance referred to in paragraph (1) is that—
(A) such person knows or has reason to know that such notice or advertisement will be transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means including by computer or mailed; or
(B) such notice or advertisement is transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means including by computer or mailed.

(e) Any individual who violates, or attempts or conspires to violate, this section shall be fined under this title and imprisoned not less than 15 years nor more than 30 years, but if such person has one prior conviction under this chapter, section 1591, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, abusive sexual contact involving a minor or ward, or sex trafficking of children, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 25 years nor more than 50 years, but if such person has 2 or more prior convictions under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to the sexual exploitation of children, such person shall be fined under this title and imprisoned not less than 35 years nor more than life. Any organization that violates, or attempts or conspires to violate, this section shall be fined under this title. Whoever, in the course of an offense under this section, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for not less than 30 years or for life.


18 U.S.C. 2252 - Certain activities relating to material involving the sexual exploitation of minors
(a) Any person who—
(1) knowingly transports or ships using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means including by computer or mails, any visual depiction, if—
(A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(B) such visual depiction is of such conduct;
(2) knowingly receives, or distributes, any visual depiction using any means or facility of interstate or foreign commerce or that has been mailed, or has been shipped or transported in or affecting interstate or foreign commerce, or which contains materials which have been mailed or so shipped or transported, by any means including by computer, or knowingly reproduces any visual depiction for distribution using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or through the mails, if—
(A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(B) such visual depiction is of such conduct;
(3) either—
(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States, or in the Indian country as defined in section 1151 of this title, knowingly sells or possesses with intent to sell any visual depiction; or
(B) knowingly sells or possesses with intent to sell any visual depiction that has been mailed, shipped, or transported using any means or facility of interstate or foreign commerce, or has been shipped or transported in or affecting interstate or foreign commerce, or which was produced using materials which have been mailed or so shipped or transported using any means or facility of interstate or foreign commerce, including by computer, if—
(i) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(ii)such visual depiction is of such conduct; or
(4) either—
(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States, or in the Indian country as defined in section 1151 of this title, knowingly possesses, or knowingly accesses with intent to view, 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction; or
(B) knowingly possesses, or knowingly accesses with intent to view, 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction that has been mailed, or has been shipped or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce, or which was produced using materials which have been mailed or so shipped or transported, by any means including by computer, if—
(i)the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(ii)such visual depiction is of such conduct;
shall be punished as provided in subsection (b) of this section.
(b)(1)Whoever violates, or attempts or conspires to violate, paragraph (1), (2), or (3) of subsection (a) shall be fined under this title and imprisoned not less than 5 years and not more than 20 years, but if such person has a prior conviction under this chapter, section 1591, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, or sex trafficking of children, such person shall be fined under this title and imprisoned for not less than 15 years nor more than 40 years.
(2) Whoever violates, or attempts or conspires to violate, paragraph (4) of subsection (a) shall be fined under this title or imprisoned not more than 10 years, or both, but if any visual depiction involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if such person has a prior conviction under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 10 years nor more than 20 years.

(c) Affirmative Defense.—It shall be an affirmative defense to a charge of violating paragraph (4) of subsection (a) that the defendant—
(1) possessed less than three matters containing any visual depiction proscribed by that paragraph; and
(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof—
(A) took reasonable steps to destroy each such visual depiction; or
(B) reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction.

Defenses in Child Pornography Cases
Lack of intent/knowledge - Being convicted of child pornography requires that the unlawful actions be done “knowingly” and "intentionally."  Accidentally engaging in such behavior (e.g. downloading a video believed to be of adult sexual acts) does not violate the law.
Coerced or Undue confessions - If the law enforcement officers violate a suspect's Fifth or Sixth Amendment rights to remain silent and have an attorney present for questioning, there may be an issue with using any admissions or confessions made to police.
No minor was actually depicted in the image or video in question - The government must prove, beyond a reasonable doubt, that the person depicted in the image is in fact a minor.  This can actually be a tough task if the identity of the depicted person is unknown.
Unlawful Searches and Seizures - If law enforcement officers violated a defendant's Fourth Amendment rights to be free from unlawful searches and seizures, the evidence obtained during such unauthorized searches may be excluded in court.

IF YOU OR A LOVED ONE HAS BEEN ACCUSED OF A CRIME INVOLVING CHILD PORNOGRAPHY, YOU NEED AN EXPERIENCED AND KNOWLEDGEABLE ATTORNEY ON YOUR SIDE.  CALL A TUCSON CRIMINAL DEFENSE ATTORNEY TODAY TO DISCUSS YOUR RIGHTS, OPTIONS, POSSIBLE DEFENSES AND TO GET STARTED PROTECTING YOURSELF FROM SERIOUS CRIMINAL PENALTIES.  520-585-5757

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Arizona's law enforcement agencies, whether local, statewide, or federal, have committed significant resources to the enforcement of human trafficking, human sex trafficking, and child sex trafficking laws.  These crimes are targeted by well-funded operations at every level, and are harshly prosecuted both under Arizona and Federal law.  Due to the severity of these charges, it is important to have a skilled and experienced defense lawyer on your side. 

Human Trafficking refers to actions or practices of illegally transporting people from one area to another, for the purposes of forced labor or sexual exploitation.  Human trafficking is a serious crime and grave violation of human rights.  Sexual exploitation of children is especially serious, falling into the category of being a dangerous crime against children (DCAC), which are some of the most serious criminal charges a person can face in Arizona courts.  Because trafficking often will involve moving people across state lines and international borders, it can also result in harsh prosecution in federal court.

Arizona's Sex Trafficking Statute:
13-1307 :- Sex trafficking; classification; definitions
A. It is unlawful for a person to knowingly traffic another person who is eighteen years of age or older with either of the following:
1. The intent to cause the other person to engage in any prostitution or
sexually explicit performance by deception, force or coercion.
2. The knowledge that the other person will engage in any prostitution or sexually explicit performance by deception, coercion or force.

Punishment for Human Trafficking
Human Trafficking is a Class 2 Felony in Arizona. If convicted, even a first offense, you could receive up to 12.5 years in prison and receive a fine of up to $150, 000 plus surcharges.  Further a person who is convicted of human trafficking is not eligible for suspension of sentence, probation, pardon or release from confinement until the sentence has been served or commuted.

What is child sex trafficking?
Child trafficking can be defined as the process of illegally transporting, transferring, or harboring a person below the age of 18 years, for the purpose of exploitation.  This problem is prevalent in most developing countries due to porous borders and weak domestic laws to counter the issue.  There are various causes of child trafficking like lack of employment, poverty, low level of education, a breakdown of social structure, etc. child trafficking is a violation of the mental and physical integrity of a child.  The laws against child sex trafficking are broader than sex trafficking generally, which makes more conduct illegal when it involves minors.  Because of this, proving child sex trafficking is easier for the prosecution, and therefore more difficult to defend. 

Laws against Child Sex Trafficking in Arizona
Section 13-3212 deals with the felony of Child Sex Trafficking. 13-3212. Child sex trafficking; classification; increased punishment; definition
A. A person commits child sex trafficking by knowingly:
1. Causing any minor to engage in prostitution.
2. Using any minor for the purposes of prostitution.
3. Permitting a minor who is under the person's custody or control to engage in prostitution.
4. Receiving any benefit for or on account of procuring or placing a minor in any place or in the charge or custody of any person for the purpose of prostitution.
5. Receiving any benefit pursuant to an agreement to participate in the proceeds of prostitution of a minor.
6. Financing, managing, supervising, controlling or owning, either alone or in association with others, prostitution activity involving a minor.
7. Transporting or financing the transportation of any minor with the intent that the minor engage in prostitution.
8. Providing a means by which a minor engages in prostitution.
9. Enticing, recruiting, harboring, providing, transporting, making available to another or otherwise obtaining a minor with the intent to cause the minor to engage in prostitution or any sexually explicit performance.
10. Enticing, recruiting, harbouring, providing, transporting, making available to another or otherwise obtaining a minor with the knowledge that the minor will engage in prostitution or any sexually explicit performance.

B. A person who is at least eighteen years of age commits child sex trafficking by knowingly:
1. Engaging in prostitution with a minor who is under fifteen years of age.
2. Engaging in prostitution with a minor who the person knows or should have known is fifteen, sixteen or seventeen years of age.
3. Engaging in prostitution with a minor who is fifteen, sixteen or seventeen years of age.

Punishment for Child Sex Trafficking
Child sex trafficking pursuant to subsection A of section 13-3212 is a class 2 felony if the minor is under fifteen years of age and is punishable pursuant to section 13-705.  Child sex trafficking pursuant to subsection B of section 13-3212 is a class 2 felony and is punishable pursuant to section 13-705.

What is ARS 13-705?
ARS 13-705 is the Arizona criminal law for dangerous crimes against children. These are certain criminal offenses where the victim was under the age of 15. Convictions for a dangerous crime against a child come with longer and harsher prison sentences than an identical offense that was committed against an adult.

With such harsh laws concerning human trafficking, sex trafficking, and child sex trafficking, a thorough, committed, and experienced defense is essential.  If you or a loved one has been arrested, charged, or indicted, whether in state court or in federal court for a crime involving human trafficking, sex trafficking, or child sex trafficking, it is important to consult with an attorney as soon as possible.  Contact the Tucson Defenders today for a FREE CONSULTATION with a Tucson Criminal Defense Lawyer.  We can discuss your specific charges, answer any questions you have about the process, and begin to assess possible defenses.

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As a result of Southern Arizona's proximity to the US-Mexico border, there is a heavy presence of Federal Border Patrol agents, including numerous checkpoints along the freeways that connect the border to Tucson and other points North.  While these checkpoints, stopping all motorists without any individualized suspicion of wrongdoing would appear to violate the Fourth Amendment to the US Constitution's prohibition against unreasonable search and seizures, this has unfortunately not been the prevailing view among the courts.  Federal law authorizes all persons within 100 miles of the border to be stopped and questioned about their immigration status.  Customs and Border Patrol has 33 permanent checkpoints throughout the US border states, plus additional mobile/temporary tactical checkpoints.

Every day, motorists in Southern Arizona are stopped and asked their citizenship status, not only at the border crossing, but at various checkpoints throughout the region.  Border Patrol agents not only apprehend those illegally in the United States, but often US Citizens who are driving suspected illegal aliens.  Notably, one does not have to be involved in bringing a person across the border to be charged with alien smuggling; it is enough to assist a person in their travel from the southernmost points in the US to other places like Tucson or Phoenix. 

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Alien smuggling charges are filed in Federal court, where the offense is harshly prosecuted by the United States Attorney's Office.  In addition to arrest and criminal prosecution, those suspected of smuggling aliens also frequently face seizures of their vehicles and other personal property, including but not limited to cash.  If you or a loved one has been arrested, charged, or had property seized by the Federal government for suspected alien smuggling, contact the Tucson Defenders today for a FREE CONSULTATION with an experienced criminal defense attorney.  520-585-5757.

Arizona has numerous points of entry at the border, including San Luis, Lukeville, Nogales, Sasabe, Naco and Douglas.  The 11 checkpoints located in the Tucson sector are located near Gila Bend, Why, Sells, Three Points, Sasabe, Yuma, Tombstone and Benson.  Our attorneys are also licensed in California and Texas, and able to assist with matters in the Federal courts in those border states as well.

Alien smuggling can be construed as an act of willfully assisting a person to enter the United States illegally, or moving through the United States after crossing the border.  This can be through aiding the immigrant physically to cross the border or travel beyond the border, helping cover the cost to bring them, or simply encouraging them to enter illegally.  People in Arizona have been charged with federal crimes for providing humanitarian aid such as medical care, water, and shelter to those who travel across the Sonoran desert.

8 U.S. Code § 1324 - Bringing in and harboring certain aliens- 1324(a)(1)(i)-(v) Prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts.
1324(a)(2) Prohibits bringing or attempting to bring unauthorized aliens to the United States in any manner whatsoever, even at a designated port of entry.
1324(a)(1)(A)(i) makes it an offense for any person who – knowing that a person is an alien, to bring to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien. Subsection 8 -

• Smuggling: Crossing the border with or arranging a border crossing with an illegal alien
• Transporting: Facilitating an illegal border crossing
• Harboring: Concealing or harboring an illegal alien in a vehicle or building
• Encouraging: Inducing or causing an illegal border crossing
• Hiring: Hiring, recruiting, or referring an illegal alien for a job
• Conspiracy to Commit any of the previous violations
• Aiding and Abetting any of the previous violations

What is the Punishment for Federal Alien smuggling

• Bringing or attempting to bring an alien into the U.S. – Up to 10 years in prison
• Transporting or harboring an illegal immigrant for profit – Up to 10 years in prison
• Transporting or harboring an illegal immigrant (not for profit) – Up to 5 years in prison
• Alien smuggling that results in bodily injury or risk of death – Up to 20 years in prison
• Alien smuggling that results in the death of another person – life in prison

Defenses Against Smuggling Charges

This information is not intended as a substitute for consulting with and hiring a criminal defense attorney to represent you against these serious charges.  The strategies and defenses may vary from case to case.  One of the defense would involve analyzing at the admissibility of evidence in the case to see if there were any violations of the Fourth Amendment or under the Fifth Amendment.  Further, one of the most difficult elements for the government to prove is whether the Defendant was aware of the illegal status of passengers.  It is important to remember that the prosecutors must prove each and every element of the crime before they can secure a conviction.  If they cannot prove an element of the crime beyond a reasonable doubt, then a jury cannot convict.

These are serious charges and require a thorough defense by an experienced criminal defense lawyer.  Contact the Tucson Defenders today for a FREE CONSULTATION with a criminal defense attorney.  520-585-5757.

One of the most common ways that police justify searches of suspects is "consent" to search.  Due to the Fourth Amendment to the United States Constitution, we have a right to be free from unreasonable searches.  This does not mean, of course, that no searches by police are lawful.  A search that is supported by a search warrant will typically be upheld.  Under certain circumstances, police can search a person with probable cause - facts which would lead a reasonable person to believe that criminal activity is afoot.  Searches justified by consent, however, do not require ANY evidence.  If a suspect allows police to search them, they are more or less waiving their right to be free from that search and seizure.  It is very important that individuals know that they have rights, and be able to assert them.

Simply put, DO NOT CONSENT TO SEARCHES.  You have important privacy rights and no legal obligation to give them up.  Of course, this may be easier said than done.

More about when police can search you, your car, and your home.
More about challenging unlawful searches

Police officers are trained to take command of situations, and control other people with their show of authority.  This includes getting people to give up their rights, including a right against unreasonable searches and seizures.  Using phrases like "you don't mind if I take a look" or "I need you to come with me" gets people feeling as if they have no other choice.  If a stranger without the legal authority of a law enforcement officer were to ask the average person if they could look in the trunk of car, most people would be able to quickly and firmly say "no" - not so in the context of police. 

Consent to Search a Home or Apartment
Searches of homes without a warrant are presumed unreasonable.  This means that unless police obtained prior authorization from a judge or magistrate (warrant), they will have to justify a search of a home on other very limited grounds.  Merely having probable cause of criminal activity is not enough to search a home.  Certain emergency exceptions do exist to the warrant requirement for home searches, but one of the most common justifications for a search of a home is consent.  Consent to search a home can be given to police by any occupant with apparent authority to do so.  In the case of roommates, a roommate can give consent to search common areas and their own areas, but probably not able to consent to the search of another person's room.  (NOTE: Police will typically do a "protective sweep" of any house where they are searching and will enter every room to check for additional people present.

Consent to Search a Vehicle
We enjoy lessened protections from searches in our cars.  This is because we have a lessened expectation of privacy - one of the benchmark tests for Fourth Amendment rights.  Warrantless car searches are common place, and can be supported by probable cause and a much broader category of exceptions than with home searches.  Still, consent searches of vehicles are very common.  Additionally, certain acts - such as being pulled over or having a drug sniffing dog check your vehicle require even less justification, as they are not considered searches. 

The Fourth Amendment of the U.S. Constitution provides that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The ultimate goal of this provision is to protect people’s right to privacy and freedom from unreasonable intrusions by the government. However, the Fourth Amendment does not guarantee protection from all searches and seizures, but only those done by the government and deemed unreasonable under the law.

If you or a loved one has been arrested or charged with a crime, particularly if that arrest involved a questionable search, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Lawyer.  520-585-5757.

What is a Speedy Trial?
In criminal law, the right to a speedy trial is a human right under which it is asserted that the government (prosecutor) may not delay the trial of a criminal suspect arbitrarily and indefinitely.  This does not refer to the pace or length of time a trial takes once it commences, but rather by when an accused person has a right for trial to begin.  Otherwise, the power to impose such delays would effectively allow prosecutors to send anyone to jail for an arbitrary length of time without trial.  Although it is important for the protection of speedy trial rights for there to be a court in which a defendant may complain about the unreasonable delay of the trial, it is also important that governments implement structures that avoid the delay.


Which law in Arizona Governs the Speedy Trial?

The Sixth Amendment to the United States Constitution guarantees that people who are subject to a criminal prosecution have the right to a "speedy" trial before an impartial jury of their peers.  The right to a speedy trial is also included within Article II Section 24 of the Arizona State Constitution.

What is Article II Section 24 of the Arizona State Constitution?

Rights of accused in criminal prosecutions
Section 24. In criminal prosecutions, the accused shall have the right to appear and defend in person, and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to meet the witnesses against him face to face, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed, and the right to appeal in all cases; and in no instance shall any accused person before final judgment be compelled to advance money or fees to secure the rights herein guaranteed.

Arizona Criminal Case Time Limits
Under Arizona Rules of Criminal Procedure, the time line can be broken down into four different types. If a trial is to commence, it must begin within the following time lines below:

Defendants in Custody: 150 days from arraignment
Defendants Released From Custody: 180 days from arraignment
Complex Cases: 270 days from arraignment
Capital Cases: 18 months from arraignment

Note that these time limits may be (and very typically are) waived and the deadlines are extended.  This is typically to allow for the defense to investigate and prepare its case.  If a delay does not benefit the defendant, time should not be waived, especially for an in custody defendant.

Federal Speedy Trial Rights

The above discussion of Arizona's speedy trial rights applies to cases prosecuted in state court in Arizona.  Arizona also is home to one of the most active United States District Courts in the country, which enforces Federal law in the state of Arizona.  With Tucson's proximity to the US-Mexico border, as well as Interstate 10 passing through, there is a large presence of Federal law enforcement. 

Federal cases are governed by Federal law, which is the same across the United States, and includes its own speedy trial provisions, pursuant to 18 U.S.C. 3161.  The Speedy Trial Act of 1974

It is now fairly well-known that the United States has the highest rate of incarceration in the world.  Our "Land of the Free" not only has the largest prison and jail population in the world (despite having only a quarter of the general population of China or India), but also locks its people up at the highest percentage of any country in the world.  This is alarming, tragic, and difficult to reconcile with our notions of liberty and justice for all.

Did you know, however, that Arizona's tough sentencing laws have made it the ninth-highest ranking state for incarceration rates?  While neighboring California, for example, is seeking to implement criminal justice reforms that will reduce the prison population, the same has not been nearly as prevalent in Arizona.  Though marijuana legalization in 2021 has narrowed the scope of crimes, harsh prison sentences are still handed down for the remaining crimes.  While prison populations across the nation have skyrocketed over the last 40 years, the trend is especially astounding in Arizona, where the prison population has grown by a multiple of 12 during that time!  This is three times higher than the national change of four times.

Maricopa County, where the state's largest city, Phoenix, is located commits the most Arizonans to prison, and for the longest time.  Rural areas of the state also send defendants to prison at a high rate, often for nonviolent offenses, preferring to lock people up in state prisons to improving local programs like probation and drug treatment.  In Arizona, 70% of those committed to prison are committed for a nonviolent crime.  8 of the top 10 most common offenses for which people are sent to prison in Arizona are nonviolent.  This includes a large, growing number of people sentenced to prison for drug possession (more on Arizona's drug crimes).

There is no doubt that drug use is a problem in Arizona.  Methamphetamine in particular has swept through the Southwest, destroying lives in its wake.  Fentanyl and other opiates also form a nationwide crisis of overdose deaths.  Still, Arizona (and America as a whole) can look to the failures of the past and present War on Drugs to realize that incarceration is not the solution.  As other states and countries have moved to more treatment-based solutions to drug use, Arizona has been steadfast in sending people to prison. 

Tucson's proximity to the US-Mexico border, as well as its Interstate route, has made the city a hub of narcotics activity.  State, local, and federal law enforcement agencies are active in the region, and Arizona and Federal law both yield harsh sentences in court.  If you or a loved one has been arrested or charged with a crime in Pima County Superior Court or in the United States District Court for the District of Arizona, you can expect harsh prosecution of suspected crimes.  Having a dedicated, experienced, passionate defense attorney on your side is a must when charged with a crime in Arizona.  Contact the Tucson Defenders today for a FREE CONSULTATION with a criminal defense attorney.  520-585-5757.