Money laundering is the act of concealing the origins of unlawfully obtained money.  This process usually involves the use of seemingly legitimate businesses ("fronts") and often foreign banks and currency exchanges.  Money earned through narcotics, weapons, or human trafficking cannot be reported as income, and higher level professional criminals need "clean" money in order to spend the money they make illegally.  Money laundering treats unlawfully earned money as if it were earned legally, including paying taxes. 

Money laundering and tax evasion investigations often go hand in hand, as the "follow the money" strategy of law enforcement is more likely to yield major players engaged in large scale illegal business (most commonly drug trafficking, importing controlled substances, but also including many other kinds of illegal activity).  Money laundering investigations often result in criminal charges in federal or state court, as well as criminal and civil forfeiture proceedings.  These are not mutually exclusive, as individuals can find themselves facing state and federal charges, and being subject to asset forfeiture proceedings.  This means that in addition to the possibility of a felony conviction and prison time, subjects of a money laundering investigation may risk losing their money and other assets.

ARIZONA STATE LAWS REGARDING MONEY LAUNDERING
Arizona Revised Statutes 13-2317 defines money laundering, and breaks it down into three degrees.  First degree money laundering is the most serious, and applies when laundered money is used to further terrorism or murder.  Money laundering in the second degree covers a broad range of conduct intended to conceal the source of funds for any criminal offense, including racketeering.  Money laundering in the third degree is the least serious money laundering charge under Arizona law, but is still a felony.  Money laundering in the third degree is a class 6 felony. Money laundering in the second degree is a class 3 felony. Money laundering in the first degree is a class 2 felony.

FEDERAL MONEY LAUNDERING LAWS
Federal law enforcement agencies such as the Drug Enforcement Administration ("DEA"), Customs and Border Patrol ("CBP"), Federal Bureau of Investigation ("FBI"), Immigration and Customs Enforcement ("ICE"), and Bureau of Alcohol, Tobacco, and Firearms ("ATF") conduct sophisticated and thorough money laundering investigations, involving the use of surveillance, wiretaps, undercover agents, and confidential informants.  Money laundering operations are generally carefully planned and executed, requiring skilled investigations to uncover.  Local law enforcement agencies often work together with federal agencies to form task forces aimed at seizing large quantities of cash, and stopping money laundering.  In Tucson, federal money laundering charges are prosecuted by the US Attorney's Office - District of Arizona, and cases are heard at the Evo A. DeConcini United States Courthouse. Under the Federal money laundering statute (18 U.S.C. § 1956(a)(1)), the government must prove that the defendant conducted or attempted to conduct a financial transaction, knowing that the property involved in the financial transaction represents the proceeds of an unlawful activity, with specific intent, and the property must actually be derived from a specified unlawful activity.  Federal conspiracy, tax evasion, aiding and abetting, and drug trafficking laws are often heavily intertwined with money laundering prosecutions. 

AN EXAMPLE OF HOW MONEY LAUNDERING WORKS
Jerry owns a struggling restaurant in Tucson.  A childhood friend, Ray, traffics cocaine.  Ray approaches Jerry about entering into a partnership that will benefit both of them: Ray will give Jerry some or all of his drug proceeds, and Jerry will treat that money as if it were income earned by the restaurant.  As partners, Jerry and Ray will share in the restaurant profits, and be able to declare lawful income.  Ray can now buy property and spend money without arousing suspicions.  Ray is indicted in a Federal drug trafficking case after one of his employees "flips" on him in exchange for a reduced sentence.  Federal prosecutors look into Ray's finances, and find that he reports income from the restaurant.  The restaurant's operating accounts are frozen, and the government seizes the restaurant, Ray and Jerry's cars, and cash from the restaurant safe.  Jerry is now also facing federal charges, and asset forfeiture proceedings.

More Information About FRAUD CRIMES Defense
More Information About FORGERY/COUNTERFEITING Defense

IF YOU OR A LOVED ONE IS FACING MONEY LAUNDERING CHARGES IN TUCSON, CONTACT THE TUCSON DEFENDERS FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY.  OUR FIRM HAS EXPERIENCE WITH ALL CRIMINAL CHARGES AS WELL AS WITH CIVIL AND CRIMINAL ASSET FORFEITURE, IN BOTH STATE AND FEDERAL COURT.
Call Now 520-585-5757

TUCSON CRIMINAL DEFENSE LAWYERS

Drug trafficking refers to the illegal drug trade, and is a global black market of various illegal substances.  Tucson's location near the US-Mexico border, and along the I-10 Freeway make the city a hot spot for illegal drug trafficking activity.  While Arizona has very strict drug laws, even pertaining to possession for personal use, drug trafficking charges are treated much more seriously.  If you have been charged with a drug possession offense, visit our Tucson Drug Crimes Lawyer page for more information.  This article is focused on the more serious drug crimes in both state and federal court.  If you or a loved one has been arrested or charged with a major narcotics trafficking offense, contact the Tucson Defenders for a FREE CONSULTATION with a Tucson criminal defense attorney.  520-585-5757.

Read more about Arizona and Federal marijuana cultivation laws.
Read more about Arizona and Federal drug manufacturing laws.
Learn more about Federal and AZ Importing Drugs laws.

There is no substitute for experience when it comes to drug trafficking cases.  Knowing the state and local laws, as well as being familiar with the practices of the law enforcement and prosecuting agencies in paramount to mounting a strong defense against these serious charges.  A strong grasp of search and seizure jurisprudence, and great motion skills are essential to protecting your rights in a drug trafficking case.  Ultimately, in many drug cases, a motion to suppress evidence will be the most important stage in the case.  This means that the lawfulness of a search will be one of the primary issues in dispute, and can mean a complete dismissal of your case.  Other defenses include lack of knowledge, lack of intent to sell, mistake identity, false accusations, fabricated evidence, and more.

POSSESSION FOR SALE
Arizona law presumes that possession of 1 gram of heroin, 9 grams of cocaine, or 2 pounds of marijuana is possessed for sale.  Other factors, such as packaging, sales/trafficking paraphernalia, cash, lack of user paraphernalia/symptoms of drug impairment, and more can go towards establishing that drugs are possessed for sale.  Additionally, undercover operations, confidential informants, wiretapping, and surveillance sometimes yield much more direct evidence of drug sales.  Tucson narcotics trafficking cases involving smaller amounts of narcotics are more likely to be heard in state court.  Arizona's drug sales laws vary mostly depending on the drug involved.  Marijuana trafficking is serious, but not as serious as narcotics trafficking involving cocaine or crack cocaine.  Possession for sale of methamphetamine, defined under Arizona law as a dangerous drug is even more serious.  Arizona's drug laws prohibit the sales of marijuana, peyote, prescription drugs, cocaine (both powder and crack), heroin, MDMA/Ecstacy, LSD, psilocibin, nitrous oxide, and more.  Arizona drug trafficking offenses range in seriousness from Class 2 to Class 6 felonies.  Drug sales offenses are not eligible for Proposition 200 drug diversion.

ARIZONA'S SERIOUS DRUG OFFENDER DESIGNATION
The strictest application of Arizona's harsh drug laws is the designation of repeat drug trafficking offenders as "serious drug offenders."  It only takes three similar serious drug offenses to be deemed a serious drug offender.  Sentencing for serious drug offenders entails life imprisonment, without the opportunity for a suspended sentence, probation, or pardon, and parole is not available until after 25 years in prison.

CULTIVATION OF MARIJUANA AND MARIJUANA TRAFFICKING
Marijuana cultivation is illegal under both Arizona and Federal law.  While Arizona law does protect medical marijuana patients who possess cannabis for personal use, these laws will generally not extend to protect those charged with cultivation or trafficking.  Most Arizonan's do not qualify to legally cultivate marijuana, and even those who do qualify under Arizona law could still potentially face federal penalties.

MANUFACTURE OF NARCOTICS
Manufacture of narcotics (methamphetamine, PCP, LSD, MDMA/Ecstacy, concentrated cannabis, etc.) is a serious crime.  Arizona has tough laws when it comes to methamphetamine, and even harshly punishes possession or possession for sales of precursor chemicals used to produce methamphetamine and other designer drugs.  Meth labs that cause injuries, especially to a minor, carry even more serious penalties.

IMPORTATION AND TRANSPORTATION OF NARCOTICS
Tucson's location near the US-Mexico border, as well as heavy patrolling by federal agencies, results in many narcotics trafficking charges stemming from importation into the United States, as well as transport throughout the state.  Checkpoints throughout Southern Arizona, as well as traffic stops, result in a large number of drug transportation arrests.  Although privacy rights are very limited at the border crossings, there may be issues with a traffic stop that could result in the evidence being suppressed and the charges dismissed.

FEDERAL COURT DRUG CHARGES
Over 25% of federal cases are related to drug trafficking, with over 40% of drug crimes relating to methamphetamine.  The District of Arizona was in the top five districts for drug trafficking cases.  The Drug Enforcement Administration ("DEA") is the primary federal agency enforcing federal narcotics laws, but Customs and Border Patrol ("CBP"), the Federal Bureau of Investigation ("FBI"), Immigration and Customs Enforcement ("ICE"), and Bureau of Alcohol, Tobacco, and Firearms ("ATF") make a sizeable number of drug trafficking arrests each year as well.  Additionally, these agencies work together task forces, such as the West Desert Task Force, which is responsible for some of the biggest drug busts in Southern Arizona.  These federal agencies employ some of the most sophisticated law enforcement tactics available, including wiretapping, high-tech surveillance, and make extensive use of undercover agents and confidential informants to build strong cases against their targets.  In Tucson, federal drug charges are prosecuted by the US Attorney's Office - District of Arizona, and cases are heard at the Evo A. DeConcini United States Courthouse.  The most common federal drug trafficking charges include: manufacturing, distribution, possession for sale of a controlled substance, manufacturing, distribution of a counterfeit substance, conspiracy and attempt, and money laundering.  If you or a loved one is facing federal narcotics trafficking charges, contact the Tucson Defenders now for a Free Consultation, so that we can discuss your case and any possible defenses.  More info about Federal Criminal Defense in Tucson

LEARN ABOUT CHALLENGING UNLAWFUL STOPS AND SEARCHES

Whether in state court or federal court, drug trafficking charges in Tucson are very serious and carry costly penalties, including very long prison sentences.  Our Tucson Drug Trafficking Defense Attorneys will assert your constitutional rights, and thoroughly investigating your case to get the best possible result.  Call now for a FREE CONSULTATION   520-585-5757.

Burglary is a serious crime involving the unlawful entry into a structure with the intent to commit a theft or felony therein.  Burglary is frequently misunderstood to only cover theft, but no theft needs to occur (or even be intended).  The focus in burglary cases is on two things entry and intent (at the time of entry).  A person who lawfully enters a building without criminal intent will not be guilty of burglary because of a later theft or felony.  Also, it is not necessary that the theft or felony be completed; burglary is complete at entry (with intent).  Accordingly, there is a broad range of conduct that can result in a burglary prosecution.  Unlawfully remaining in a building with the intent to commit a theft or felony is burglary, even without intent at the time of entry; the distinction being that remaining in the structure be unlawful.

Arizona law breaks burglary into three degrees:

FIRST DEGREE BURGLARY
First degree burglary is entry into a structure of another with the intent to commit a theft or felony therein, while possessing a dangerous or deadly weapon.  Armed burglary is first degree burglary whether the entry is into a residence or a commercial building.  First degree burglary of a residential structure is a Class 2 felony, whereas first degree burglary of a commercial structure is a Class 3 felony.  First Degree Burglary is punishable by 7-21 years in prison.

SECOND DEGREE BURGLARY
Second degree burglary is a burglary of a residential structure, without the additional element of knowingly possessing a dangerous or deadly weapon.  Entering the home of another person with the intent to commit a theft or any felony therein is second degree burglary, a Class 3 felony, punishable by 2-8.75 years in prison. 

THIRD DEGREE BURGLARY
Third degree burglary is entry or unlawfully remaining in a nonresidential structure or fenced yard, or breaking into a vehicle, and is a Class 4 felony, punishable by 1-3.75 years in prison.  Merely trespassing on someone else's land is not enough for burglary.  Criminal intent at the time of entry (or at the time of unlawfully remaining) is still required.

POSSESSION OF BURGLARY TOOLS
Possessing tools adapted for, or commonly used for burglary with the intent to use them for a burglary is a Class 6 felony, punishable by up to 2 years in prison.  Master keys and motor vehicle manipulation keys are specifically listed in the Arizona burglary tools statute, but many items can qualify, including tools used to remove anti-theft sensors from merchandise, and foil lined bags to prevent sensors from triggering alarms.

FEDERAL BURGLARY CHARGES
The vast majority of burglary charges in Tucson are state level charges, but Federal burglary charges are certainly possible.  In particular, burglary's involving federal government property will be charged in federal court pursuant to 18 U.S.C. 103.  Also, most bank robberies also satisfy the elements of burglary, and could be so charged, especially if easier to prove than the elements for robbery.  Burglaries involving controlled substances (such as breaking into a pharmacy or pharmaceutical manufacturing plant) are likely to result in federal burglary charges.

More General THEFT CRIMES Information
More ROBBERY Information
More SHOPLIFTING Information
More EMBEZZLEMENT Information

BURGLARY EXAMPLES
1.  James decides to go over to Harry's house with a gun to kill him.  When James goes into Harry's house, no one is home.  Harry's dog scares James, who runs away.  Although James intended to commit a homicide, that crime was not carried out.  James is, however, guilty of burglary because he entered Harry's home with the intent to commit a felony.  Because he was armed with a handgun, it is a burglary in the first degree.

2.  Erica is invited to a family friend's party at their home.  Erica did not attend the party with the intent to steal anything, but began to admire the homeowner's belongings, and decided to steal items from the home.  Erica is caught snooping around a bedroom and is asked to leave.  Rather than leave, Erica hides in a closet on her way out and waits for everyone to go to the kitchen for cake.  At that time, Erica goes back into the bedroom and takes a jewelry box, and leaves.  Erica is guilty of a first degree burglary, even though she lacked the intent to commit a theft when she first entered the home.  She unlawfully remained in the home after being asked to leave, and hid in the closet with the intent of going back into the bedroom to steal the jewelry box.

3.  Jake is a college student, living in a dorm on campus.  Being under 21, he cannot buy alcohol or go out to bars with his friends.  Jake realizes that his RA, who is over 21, looks a lot like him.  Jake waits until his RA is taking a shower one day, and goes into the RA's room to take his wallet.  Before Jake finds the wallet, he hears a noise and runs out of the room.  Because Jake already entered the room (with intent to take the wallet), he is guilty of burglary, even though he never took anything.

IF YOU OR A LOVED ONE IS FACING BURGLARY CHARGES IN TUCSON, YOU SHOULD BE AWARE OF HOW SERIOUS THESE CHARGES ARE, AND NEED A KNOWLEDGEABLE, EXPERIENCED, AND AGGRESSIVE LAWYER ON YOUR SIDE.  CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY.  520-585-5757

Domestic violence arrests are very common in Tucson, in Arizona, and across the country.  Addressing a longstanding failure to criminalize violent acts between spouses, police and law enforcement agencies presently place a strong emphasis on domestic violence crimes.  This article will describe some of the domestic violence offenses that people can be charged with in Arizona law.  Domestic violence charges can have serious consequences including jail or prison, immigration consequences, restraining orders, loss of firearm rights, social stigma and more.  If you or a loved one are facing domestic violence charges, be sure to take the situation very seriously. 
TUCSON CRIMINAL DEFENSE ATTORNEY

Years ago, the police did not get involved in very many domestic violence situations.  Today, it is rare for police to be called out for a domestic disturbance and not to make an arrest.  For law enforcement, the worst thing that can happen after they have been called to respond to a domestic disturbance is that something worse would happen after they leave.  After all, if a couple was already angry and fighting, a visit from police might incite more anger and create a greater danger.  It is for this reason that many law enforcement agencies do everything they can to make an arrest when responding to a domestic violence call.  Some will even resort to deceitful tactics and threats (such as threatening suspected victims of domestic violence with jail or having their children taken away).  Moreover, Arizona law specifically authorizes officers to make domestic violence arrests, even for misdemeanor offenses not having occurred in their presence.  Navigating the legal waters after a domestic violence arrest can be tricky, and it is imperative to have a skilled, knowledgeable attorney on your side.

The uniquely sensitive nature of domestic violence cases has led to separate laws when dealing with already criminal acts, when they occur between couples and within family units.  Although it is against the law to hit anyone, the court system will treat a domestic violence case differently (and more seriously) than, for example, a bar fight. 

ARIZONA DOMESTIC VIOLENCE LAWS
Pursuant to Arizona Revised Statutes 13-3601, domestic violence applies to a wide range of violent crimes when the victim is a child, family member, spouse, former spouse, co-parent, a current or former romantic partner, and the like.  Domestic violence can include:  homicide, endangerment, threats, assault, kidnapping, false imprisonment, sexual assault, revenge porn, criminal trespass, criminal damage (vandalism), interfering with judicial proceedings, disorderly conduct, cruelty to animals, preventing a 911 call, making electronic threats, harassment, stalking, surreptitious photographing, domestic violence and child abuse.  Arizona law also provides for enhanced punishments in domestic violence cases involving a pregnant victim.

AGGRAVATED DOMESTIC VIOLENCE
A person charged in a third or subsequent domestic violence offense within 7 years, or who has been previously convicted of a domestic violence offense in any jurisdiction will be charged with aggravated domestic violence, a Class 5 felony.  Even if the conduct would typically only be a misdemeanor, the history of the defendant is an aggravating factor, resulting in a felony charge, as well as ineligibility for probation, and mandatory prison time.

Domestic abuse is a serious problem, and has been throughout human history.  The scary thing for defendants is that domestic violence enforcement gives some police, prosecutors, and judges a "God complex" and causes them to justify violating a defendant's rights.  False accusations, exaggeration, misunderstandings, and accidents happen, but domestic violence defendants will not get the benefit of the doubt.  False accusations can happen for many reasons in domestic violence cases, including infidelity, child-custody disputes, and an actual attacker trying to claim self-defense. 

Arizonans facing domestic violence charges need an experienced, knowledgeable, thorough criminal defense attorney to properly investigate and present their case.  A dedicated domestic violence lawyer can help get you and your family life back on track, by fighting for you to get the best possible outcome in your case, and helping you avoid future problems.

Everyone has heard the "Miranda warning" on a police TV Show or movie.  When a suspect is being placed under arrest, a police officer will say something like:

"You have the right to remain silent.  Anything you say can, and will, be used against you in a court of law.  You have the right to an attorney.  If you cannot afford an attorney, one will be provided to you free of charge."

In Miranda v. Arizona (, the US Supreme Court dealt with the issue of custodial interrogations.  The resulting rule was that statements a person makes during custodial interrogation can only be admitted against a defendant in court if police first informed the defendant of the right to remain silent, and the right to a lawyer.  The Court crafted an "exclusionary rule" where statements obtained in violation of a defendant's Miranda rights cannot be used against them.

The most important thing that the public can take from this opinion is to know not to make any statements to law enforcement.  The "Miranda warning" does trigger some people to stop talking, but many disregard the important rights they are being told.  If you or a loved one is ever subject to police interrogation, do not make any statements without consulting with your attorney first.  Believe it or not, police are allowed to lie, and use other threatening and deceitful tactics to elicit statements.  Additionally, the rules of evidence are such that if a suspect makes a perfect, exculpatory statement, the defendant cannot later admit that statement in court (only the prosecution can do so).  Therefore, it is virtually never in a person's best interest to speak with police if they are suspected of a crime or have been arrested.  Do not answer questions, and demand to have your attorney present immediately.

WHAT IS CUSTODIAL INTERROGATION?
Not all statements made to police qualify as being during custodial interrogation.  Spontaneous statements made by a person in custody are not made in response to questioning.  The test for whether questioning is "interrogation" is whether it is likely to elicit an incriminating response.  Custody is most easily established after a formal arrest

THE POLICE DID NOT READ ME MY RIGHTS WHEN I WAS ARRESTED
Much of the time, an arresting officer's failure to read an arrestee their rights will not have much of an impact on a case.  As discussed above, many statements that a suspect makes are not statements made during custodial interrogation.  Further, many cases do not rely on a defendant's statements.  If police fail to read someone their Miranda rights, the remedy is exclusions of any statements made during any subsequent custodial interrogation.  If no incriminating statements are made, then there is nothing to exclude.  If incriminating statements are made spontaneously, or prior to custodial interrogation, those statements will not be excluded.  Miranda violations

EXAMPLES OF MIRANDA VIOLATION SITUATIONS
1.  Daniel is arrested on an old warrant.  The arresting officers do not read him his rights, but place him in the back of the police car.  Upon booking him into the jail, police find a small bag of cocaine in his pocket.  One of the officers asks him "what's this?" to which Daniel replies "coke."  Now, the officers' failure to read Daniel his rights will mean only that Daniel's statement ("coke") will be excluded.  The actual drug, and the officers' observation that it was in Daniel's pocket are still evidence which can be used against him.  The failure to read Miranda rights will not affect the warrant in any way.

2.  Officers respond to a store that had just been robbed, and talk to the clerk.  After talking to the clerk for a few minutes, the officers do not believe the story.  The clerk quickly confesses to helping plan the robbery.  Once placed under arrest (but before being read his rights), the cops ask him why he did it, and the clerk further says "I really needed the money.  This guy said he was going to pay me $200 to let him rob the store while I was working."  The clerk's initial confession will likely not be thrown out, because it was made prior to custodial interrogation.  The additional details made after arrest could only be admitted if the officers had read the clerk his rights before the statements were made.

3.  During a traffic stop, a police officer smells the odor of marijuana in the driver's car.  She orders the driver out of the vehicle, and handcuffs him and puts him in the back of her police car.  According to her report, she read the driver his Miranda rights as she was putting the cuffs on.  She then searches the car, finds marijuana, a pipe, and a firearm.  While driving the driver to the police station, the officer asks him about the gun, which the driver says he stole from a house he had broken into.  The police are not able to connect the gun to any burglary.  Body cam footage reveals that the officer did not read the driver his rights.  The driver's lawyer files a motion to suppress the statements.  The motion is granted as to the statements about the gun being stolen.  The gun, marijuana, and pipe, can still be used as evidence against the driver, but any charge relating to the gun being stolen must be thrown out. 

IF YOU OR A LOVED ONE IS FACING CRIMINAL CHARGES IN TUCSON, IT IS IMPERATIVE TO HAVE GREAT REPRESENTATION ON YOUR SIDE.  BEING ARRESTED, OR CHARGED WITH A CRIME, IS SCARY, AND IT CAN NEGATIVELY IMPACT YOUR LIFE IN MANY WAYS.  BUT AN ARREST DOES NOT HAVE TO LEAD TO A CONVICTION.  OUR ATTORNEYS HAVE BEATEN MANY BIG CASES, INCLUDING LIFE SENTENCES AND OTHER MAJOR FELONIES.  CONTACT US NOW FOR A FREE CONSULTATION TO DISCUSS YOUR CASE AND GET STARTED ON YOUR DEFENSE.  520-585-5757

TUCSON CRIMINAL DEFENSE ATTORNEY

Theft crimes are harshly punished in Arizona, and should be taken very seriously.  In addition to criminal penalties, theft crimes are considered crimes of dishonesty and can have far reaching effects, including immigration consequences, denial of professional licenses, and difficulty finding employment.  "Theft" is a broad term that can cover a wide range of criminal charges.  While most theft-related crimes will be handled in state court, larger schemes, and theft involving mail or wire fraud can also end up in Federal Court, where the penalties can be even more severe.  Whether your theft-related case is in the state court or federal court system, you need a knowledgeable, aggressive, and experienced Tucson Criminal Defense Lawyer on your side.  Being arrested or charged with a theft crime does not mean that you will be convicted.  Contact the Tucson Defenders now for FREE CONSULTATION   520-585-5757.

COMMON ARIZONA THEFT OFFENSES
Shoplifting, issuing a bad check, embezzlement, auto theft, fraud, theft of trade secrets, theft by extortion, identity theft, burglary, and robbery.  These offenses run the gamut in terms of their seriousness and the associated punishments, as theft crimes can involve very different types of conduct.  In some cases, the value of the stolen property will be an important factor in determining the seriousness of the crime.  In burglary and robbery cases, however, the intrusion and violence, respectively, required to prove those offenses make the crime more serious, regardless of the value.  For example, robbing someone at gunpoint in their own home will be treated very seriously, even if the property taken is of very little value.  It is important to note, however, that when stolen property is valued above $1000, that theft will be a felony in Arizona.

More information about BURGLARY defense
More information about FRAUD CRIMES defense
More information about SHOPLIFTING defense
More information about AUTO THEFT defense
More information about FORGERY/COUNTERFEITING defense
More information about EMBEZZLEMENT defense

TUCSON THEFT CRIMES PROCEEDINGS
Misdemeanor thefts occurring within the Tucson city limits are heard at the Tucson City Court, whereas misdemeanor theft cases occurring in unincorporated parts of Pima County will be heard at the Pima County Justice Court.  Felony theft crimes in Pima County are heard at the Pima County Superior Court.  Federal theft crimes occurring in Tucson and surrounding areas are heard at the United States District Court - Arizona (Tucson). 

COMMON DEFENSES TO THEFT CRIMES

False Accusation - A person can claim that their property was stolen, or can accuse a particular person of taking their property, even where this is not true.  Police and prosecutors are not likely to think a person is lying about a theft crime, but with effective investigation, and skilled cross-examination, these lies can be exposed.

Mistake of Fact - Reasonable mistakes of fact can be a defense to theft crimes.  This does not mean that anyone who steals can simply say "I thought it was mine," but under the right circumstances, a defendant can avoid being punished for a theft crime if they actually had no intention of stealing anything.

Intoxication - Theft crimes are "specific intent" crimes, requiring the government to prove that the defendant had the intent to permanently deprive the owner of the property.  Someone can be so impaired as to not realize property belongs to another person, or that their action will deprive them.

Consent - It is not possible to steal property with the owner's consent.  Misunderstandings happen, most often in the context of an employment relationship. 

Borrowing/Lack of Intent to Steal - Again, theft crimes require the government to prove an intent to permanently deprive the owner of property.  Taking the property of another with the intent to return it is not theft. 

Entrapment - Entrapment is rarely an applicable defense to crimes, as law enforcement officers are trained in tactics that would fall short of a true entrapment defense.  Still, this defense should be considered in theft crimes where there is an undercover officer involved.  If the defendant is encouraged to commit a crime they otherwise would not, they may claim the defense of entrapment and avoid conviction.

With the stigma associated with theft crimes, and the collateral consequences that a theft conviction can have, fighting these charges to get a better outcome is essential.  Whether you have been falsely accused, or are guilty, you want to avoid a theft conviction.  Your Tucson criminal defense lawyer should be very familiar with the laws and defenses, and dedicated to getting you the best result possible.  If you or a loved one has been arrested or charged with a theft crime in Tucson, contact the Tucson Defenders for a Free Consultation.   Call now   520-585-5757.

TUCSON CRIMINAL DEFENSE ATTORNEY

Homicide is the unlawful killing of a human being.  Under Arizona Law, homicide is broken down to cover the following different criminal offenses, in order of seriousness:  First-Degree Murder, Second-Degree Murder, Manslaughter, and Negligent Homicide.  While the punishments for the different grades of homicide vary, all of the Arizona homicide charges are felonies, and they are all very serious.

While many offenses are regarded as "victimless" crimes, homicide charges are the extreme opposite; a person died.  Even where the defendant had no intention of harming anyone, a criminally negligent or reckless act causing the death of another person will be prosecuted aggressively.  If you or a loved one is facing homicide charges, contact a Tucson Criminal Defense Attorney now to discuss the charges, possible defenses, and any other questions you may have.  When facing homicide charges, it is important to have an attorney on your side who has the knowledge, experience, toughness, and desire to help you achieve the best possible result. 

CALL NOW FOR A FREE CONSULTATION   520-585-5757

FIRST DEGREE MURDER
First Degree Murder is the most serious homicide charge, punishable by life imprisonment or even death.  First degree murder is traditionally the premeditated, intentional killing of another person. "'Premeditation' means that the defendant acts with either the intention or the knowledge that he will kill another human being, when such intention or knowledge precedes the killing by any length of time to permit reflection. Proof of actual reflection is not required, but an act is not done with premeditation if it is the instant effect of a sudden quarrel or heat of passion."  Not much time or planning is required to prove premeditation, and in the case of most intentional killings, prosecutors will charge the most serious charge, first degree murder.  First degree murder can also be charged under the Felony Murder Rule (when someone is killed during the commission of certain specified serious and violent felonies), or if the victim is a law enforcement officer.
Arizona Revised Statutes 13-1105

SECOND DEGREE MURDER
Second Degree Murder is a killing that is done (1) intentionally, (2) with knowledge that the conduct would cause death or serious injury, or (3) under circumstances manifesting extreme indifference to human life.  It is important to note that not all second degree murder cases are the result of intentional killings.  This can create a murky line between murder and manslaughter, and has resulted in unequal application of homicide laws to similar conduct.  At what point a "reckless" act becomes one that "manifests extreme indifference to human life" is a subjective determination.  Unfortunately for defendants, prosecutors tend to charge the most serious offense, and most judges are former prosecutors.  Accordingly, absent a great defense, a reckless homicides can quickly end up being a murder conviction.  Second Degree Murder is a class one felony, punishable by up to 22 years in prison.
Arizona Revised Statutes 13-1104

More Information on MURDER Cases |  More Information on ATTEMPTED MURDER Cases

MANSLAUGHTER
At Common Law, there are two types of Manslaughter: Voluntary and Involuntary.  Under Arizona Law, a person may be charged with manslaughter under any of the following five circumstances:
-Recklessly causing the death of another person (traditionally called "involuntary manslaughter")
-An intentional killing upon sudden quarrel or adequate provocation (traditionally called "voluntary manslaughter")
-Providing a person who commits suicide with the means to do so, with the knowledge that they intend to commit suicide.
-An intentional killing committed upon coercion or threat.
Manslaughter is a Class 2 felony in Arizona, and is punishable by a minimum of 4 years and a maximum of 10 years in prison.
Arizona Revised Statutes 13-1103

More Information on MANSLAUGHTER Cases

NEGLIGENT HOMICIDE
Negligent homicide is the least serious of the homicide charges under Arizona Law, but is still a Class 4 Felony.  In order to sustain a conviction for Negligent Homicide, the prosecution must prove that the defendant caused the death of the victim, and that the defendant acted with criminal negligence.  Arizona Revised Statutes 13-1102

VISIT OUR PAGE ABOUT ATTEMPTED MURDER HERE

COMMON DEFENSES IN HOMICIDE CASES

Causation - For all types of homicide, the government must prove that the defendant actually caused the victim's death.  One example of this is that of a defendant being charged for the death of a person who committed suicide.  Causation is a tricky issue in homicide law, and requires keen legal skills.

Mistaken Identity - Faulty eyewitness identification is the leading cause of false convictions.  Often, witnesses are more confident in their ability to identify a perpetrator than they should be, and pick out the wrong person.  Adding to the problem, police use suggestive tactics that make identifications even more unreliable.

Self Defense - A person may defend themselves with deadly force where a reasonable person would believe the force necessary to protect themselves.  A person who is in a place where he/she may legally be, and is not engaged in an unlawful act, has no duty to retreat before using deadly force.

Lack of Intent - While negligent homicide and manslaughter do not require intent to kill as an element, murder requires intent (or in the case of second degree murder, "extreme indifference").  Therefore, showing a lack of intent, knowledge, or extreme indifference, can help to avoid a murder conviction.

Provocation and Coercion - With sufficient provocation, or under the threat of violence from someone else, an intentional killing is punishable as manslaughter instead of murder.  This can mean a major difference at sentencing (manslaughter is punishable by as little as 4 years; 2nd murder is punishable by 10-22 years; 1st degree murder is punishable by life in prison, even death).

Insanity - A person afflicted by a mental disease or defect so severe that, at the time of the commission of a crime, they cannot realize that the act is wrong.  The burden to prove insanity is on the defendant, and must be proven by clear and convincing evidence.

Alibi - People cannot be in two places at the same time.  If a defendant has an air-tight alibi (i.e. was somewhere else at the time of the killing), it will at least raise a doubt as to how they could have committed the charged offense.

Intoxication - Voluntary intoxication is not a general defense to crimes in Arizona, but it can serve to negate the specific intent element of certain crimes.  Involuntary intoxication (against ones will) or voluntary intoxication from the non-abusive use of prescribed medication.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED, OR IS UNDER INVESTIGATION FOR A HOMICIDE OFFENSE IN TUCSON, ARIZONA, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY 520-585-5757

Law enforcement and prosecuting agencies devote a lot of time and resources to Driving Under the Influence ("DUI") enforcement.  Arizona's DUI laws are particularly strict, and complex, when compared with some other states.  If you or a loved one has been arrested for DUI, you need a knowledgeable, experienced DUI lawyer to assert your best defenses to keep your record clean.  A DUI arrest does not have to mean a DUI conviction.  A criminal conviction, particularly one that is driving and substance-related, can impact your life in many ways.  Having an attorney whose experience and advice you trust is essential.  Contact us now for a free consultation.  We can discuss the details of your case, evaluate your possible defenses, and discuss how we might be able to protect your liberty and driving privilege.

More than 10,000 people in America die from drunk driving accidents each year.  For decades, DUI enforcement was not something that law enforcement agencies gave much thought to.  Today, DUI enforcement is the primary activity of many police departments.  In Arizona alone, there are roughly 1000 (see NHTSA State of Arizona Highway Safety Report).  With DUI accidents so prevalent and so deadly in Arizona, prosecutors and police aggressively seek out potential drunk drivers with DUI checkpoints, saturation points, and targeted enforcement. 

DRIVING UNDER THE INFLUENCE ("DUI")
In order to convict someone of Driving Under the Influence, the government must prove that a person was driving while having a Blood Alcohol Concentration ("BAC") of .08 or higher, OR while impaired by drugs or alcohol to the slightest degree.  This means that if a person is below the legal limit, they can still be arrested, charged, and even convicted of driving under the influence in there is evidence of impairment.  For motorists under 21, driving with any measurable amount of alcohol is against the law.  Additionally, it is possible to be charged with DUI without even driving; it is enough to have "actual physical control" of a vehicle, which has led to DUI charges for people sitting inside of a parked car while drunk.  Commercial drivers can be charged with DUI for driving at a BAC of .04 or higher.
Click HERE for the Full Text of Arizona Revised Statute 28-1382 (Arizona's DUI Law)

PENALTIES FOR DRIVING UNDER THE INFLUENCE
In Arizona, Driving Under the Influence penalties vary depending on several factors, most notably (a) whether it is a first offense (within 7 years), (b) was there a high Blood Alcohol Concentration ("BAC"), and (c) whether anyone was injured.  A person convicted of a standard first-time DUI can expect to do between 24 hours to 10 days jail, pay a fines in excess of $1500, a 90 day license suspension, and will be required to install an Ignition Interlock Device ("IID").  If the BAC is above .15, a first time offender faces 30 days of jail and higher fines.  If over .20, a first time offender faces 45 days jail and even higher fines.  Repeat offenders face 90 days jail (120 if BAC is .15 or higher; 180 if .20 or higher), and even higher fines.  A third DUI offense within seven years will be charged as a felony and carries a mandatory minimum prison sentence of four months, a one year license revocation, a two year IID requirement, and over $4000 in fines and assessments.  DUI causing injury is known under Arizona Law as Aggravated DUI and is a felony punishable by one and half to three years in prison for a first offender, and significantly more time for repeat offenders.
More About Repeat Offense DUI
More About DUI Causing Injury

OTHER CONSEQUENCES OF A DUI CONVICTION
Being convicted of DUI will result in a license suspension, mandatory installation of an ignition interlock device, as well as a misdemeanor conviction on your criminal history.  A DUI conviction can be especially troublesome for noncitizens (even DACA recipients), and licensed professionals (e.g. nursing, medical, etc.).  If you are facing DUI charges, it is important to discuss all of these issues with your attorney to make sure that you are

ARIZONA'S IMPLIED CONSENT LAW
Arizona Motorists are presumed to consent to a chemical test upon being lawfully arrested for DUI.  Refusing to submit to a chemical test will result in an automatic license suspension (1 year for a first offense; 2 years for a second or subsequent offense).

TOP DUI DEFENSES
Rising BAC - To get a Driving Under the Influence conviction, prosecutors must prove that a defendant was above the legal limit or impaired within two hours of driving.  Blood Alcohol Concentration (BAC) rises as alcohol gets absorbed into the blood stream.  Recently consumed alcohol may not have been absorbed at the time of driving, meaning that the later-taken test result reflects a higher number than at the time of driving.  The more time that passes from the time of driving (sometimes the exact time of driving is unknown).  Arizona law limits the applicability of this defense by not requiring the government to prove BAC above the legal limit at the time of driving.

Bad Stop - If the police lacked probable cause to initiate a traffic stop, a motion to suppress evidence may result in the dismissal of the entire case, regardless of any of the facts subsequently determined after such bad stop.  More and more, law enforcement agencies have dash cameras, and this objective information can help to show that there in fact was no bad driving to justify the pull-over.
LEARN ABOUT CHALLENGING UNLAWFUL STOPS AND SEARCHES

Mistake of Driver - While most traffic stops and checkpoints leave no doubt as to who was driving a car, traffic collisions can be another story.  Often, by the time officers arrive on the scene of an accident, the driver(s) are often not in the driver's seat.  The government must prove driving beyond a reasonable doubt, and it is not uncommon that the wrong person is charged as the driver.  In these cases, the defense may not related to whether there was any drinking or impairment, but rather whether the defendant was actually the person who drove.

Testing Inaccuracy - There are many little details that go into attacking the accuracy of a chemical test, including device calibration, training and experience of a handler, contamination, proper procedures followed and more.  It takes experience with DUI investigations and a keen eye for detail to find what the government did wrong in your case, and a skilled attorney to properly present the issues to get you a better outcome.

Mouth Alcohol - Breath tests are susceptible to a problem called mouth alcohol.  This is where a breath test reads falsely high due to unabsorbed alcohol in the mouth.  This is common with very recent consumption of alcohol, and can be more prevalent for individuals who have certain kinds of dental work or dental disorders. 

Medical Conditions - Certain medical conditions can result in falsely high BAC readings (e.g. GERD). Do not make the mistake of thinking that a prescription justifies driving impaired by medications.  Certain medications mix poorly with alcohol and can caused heightened impairment.

Sleeping It Off - People sleeping in their cars (and therefore not driving) have a defense against the driving element of DUI.  Falling asleep while driving, or even prior to driving, with intent to drive will not satisfy this defense. 

RELATED ARTICLES: 
Driving Under the Influence, Drug Crimes, Aggravated DUI, DUI Drugs, DUI Causing Injury, Multiple Offense DUI

If you or a loved one has been arrested for DUI, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson DUI lawyer.  We will do our best to answer any questions you have, and can get started right away defending you.

TUCSON CRIMINAL DEFENSE ATTORNEY