False accusations are common in Arizona criminal cases.  For various reasons, alleged victims will come forward to report a crime that never happened, or knowingly accuse the wrong person.  After all, weaponizing the state against a person is likely to do more damage than most people are capable of doing personally.  Further, police, prosecutors, and judges are not inclined to suspect false accusations, despite the presumption of innocence that should be afforded to criminal defendants.  When a person makes a false criminal accusation, the accused is in a difficult position, and in need of thorough, aggressive criminal defense representation.  If you or a loved one has been falsely accused of a crime in Tucson, Arizona, contact the Tucson Defenders for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757.

Making a false accusation to police is a crime, and lying in court is an even bigger crime.  For these reasons, accusers who have lied are not likely to come clean and admit that they lied.  Uncovering the reasons for the false accusation, and pointing out the inconsistencies within the accusation, and between the accusation and objective evidence are vital.  In many cases, the accused telling the true story of what happened will be vital, in which case gathering evidence that corroborates that story will be very important to get the right outcome in the case.

WHY ARE FALSE ACCUSATIONS MADE?
False accusations are especially common in cases involving Domestic Violence, Sex Crimes, Assault Crimes, and the like.  In those cases, alleged victims often use the accusation to gain an advantage in divorce or child custody proceedings, to "get back" at someone for real or perceived infidelity, or to cover up their own immoral or illegal conduct.  EXAMPLE:  John and Brenda have been together for 5 years, and have a child together.  Brenda learns that John was having an affair with a neighbor, and is upset.  During an argument, Brenda throws plates at John and the police are called.  Brenda lies and tells the police that John pushed her and hit her.  Unfortunately, this is not an uncommon scenario, and is one of the most common types of false accusations.  Additionally, federal immigration law provides a visa opportunity to victims of domestic violence; this means that the law provides an incentive for people to claim that they are victims of domestic violence.  False accusations are not always made by romantic partners.  In some cases, police have been discovered to falsify their reports, and even plant evidence. 

False accusations, especially those made by law enforcement, are generally believed, and frequently result in criminal charges.  Often, false accusations are made carefully, such that they are not easily contradicted.  This can be especially true in domestic violence and sex crimes situations, where there are unlikely to be percipient witnesses who can dispel a false accusation.  Thorough investigation, careful examination of witnesses (including the accuser), and strong presentation and argument skills are all vital to uncovering false accusations.

A proper investigation into false accusations will not only serve to gather evidence contrary to an accusation, but also should seek to develop the accuser's motive to lie.  For example, an alleged rape victim makes a false accusation because they do not want to admit being unfaithful to a partner, or a parent falsely accuses the other parent of child abuse to gain leverage in child custody proceedings.  In these situations, an investigation should be conducted not only to gather facts contradicting the accusation, but also to see whether the accuser might have made statements to friends, family, or on social media that expose the lie, or at least the motive to lie. 

Today's technology offers new investigation opportunities.  Not only do individuals volunteer loads of information on public social media platforms, but the presence of audio and video recording and private electronic communication, make uncovering false accusations more likely than ever before.  In the same way that law enforcement agencies are able to use technology to their advantage in investigating suspects, a vigorous defense may take advantage of forms of evidence that were never available in the past.  This is especially important in false accusation cases.  When interviewing a potential witness about events that took place months ago, we can now put a lot of pieces together by looking at text messages, social media posts, online banking, and more.

Once evidence of a false accusation and motive to lie are gathered, that information can be used to confront the accuser.  This can be done in a number of ways, including bringing the information to the attention of the prosecutor and court, cross-examination during a preliminary hearing, or at trial.  Ultimately, the government has the burden of proof in criminal cases, and must prove their story beyond a reasonable doubt.  If the court or prosecutor are not willing to dismiss the case, the evidence of a false accusation and motive to lie are what will hopefully serve as the jury's reasonable doubt to acquit a falsely accused person.

IF YOU OR A LOVED ONE HAS BEEN THE VICTIM OF A FALSE ACCUSATION, AND HAS BEEN ARRESTED OR CHARGED WITH A CRIME IN TUCSON, ARIZONA, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE LAWYER.
520-585-5757

Shoplifting is the theft or removal of merchandise from a retail store, and is one of the most common theft crimes charged in Arizona.  Shoplifting is always a serious crime, being that it is a crime involving moral turpitude, and can prove problematic for immigration, professional licensing, employment, schooling, and more.  Like other Arizona theft crimes, shoplifting is graded primarily on the value of the property taken, as follows.  For property worth less than $1000, shoplifting is a Class 1 Misdemeanor; from $1000-$2000, a Class 6 Felony; over $2000, a Class 5 felony. 

The value of stolen items can be aggregated over different items, even if taken over different days.  Additionally, it is a Class 5 felony to use a device to facilitate shoplifting.  Having a prior shoplifting conviction will also likely make any shoplifting charge more serious.  Stealing a firearm, even if worth less than $1000, will also result in Class 6 felony charges.  Our firm offers FREE CONSULTATIONS, so if you have questions about an upcoming, pending, or past criminal case, contact us now.  520-585-5757

SOME WAYS A PERSON CAN BE CHARGED WITH SHOPLIFTING
The most classic example of shoplifting involves a person taking an item from a store and hiding it in their own bag/clothing, and leaving the store without paying, but there are plenty of other examples that will qualify as well.  Changing price stickers or tags on items to pay less is also shoplifting.  A person caught using tools to remove anti-theft sensors faces felony charges, even if they do not get caught trying to take the property out of the store.  Many shoplifting cases result from hiding items inside of, or under other items, a growing problem with self-checkout options at certain retailers.  Even hiding an item in another part of the store, but never attempting to remove the item can be charged as shoplifting in Arizona.

SHOPLIFTING CIVIL DEMAND LETTERS
Arizona law permits retailers to sue those caught shoplifting civilly, and seek hundreds of dollars in restitution ($250, plus the value of stolen goods).  These retailers, or a law firm on their behalf, will send out letters known as "civil demand letters" demanding that you pay them money, or they will sue you.  Because of the cost and time associated with filing even a small claims civil action, it is rare that these cases ever go past the demand stage.  In other words, there likely will not be a legal consequence for failing to pay a civil demand to a retailer, but doing so may help to gain favor with the court in the event there is both a civil demand letter and a criminal case.

RELATED CHARGES TO SHOPLIFTING
In cases where force or threat of force is used to take property, or to get away, a case may be charged as robbery, a Class 4 Felony, and much more serious charge.  This can elevate a misdemeanor petty theft offense to a serious felony.  Under the right circumstances, prosecutors might also seek to charge a shoplifter with burglary, another crime that is more serious.
More about THEFT CRIMES
More about ROBBERY
More about BURGLARY

SHOPLIFTING DEFENSES
Some defenses to shoplifting include:  lack of intent, accident, lack of evidence, violation of constitutional rights, false accusation, mistaken identity, consent, challenging purported value, challenging past convictions, and more.  Each case is different, and determining the best defenses and defense strategy will be unique to every set of facts, and every defendant. 

In some cases, it may be possible to have shoplifting charges dismissed or reduced, or at least a reduced penalty in exchange for your plea.  Some cases may have to proceed to trial, where the government will have the burden of proving your guilt beyond a reasonable doubt.  There may be available diversion programs for first time offenders to avoid a harmful conviction and keep their records clean.  In the event of a conviction, it will also be possible to "set aside" the conviction upon successful completion of a sentence or probation.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH SHOPLIFTING, CONTACT THE TUCSON DEFENDERS FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE LAWYER
520-585-5757.

Driving Under the Influence is generally treated very seriously in Arizona, but there are certain aggravating factors that elevate a DUI charge to a felony, making it much more serious.  Aggravated DUI can be charged in a number of different scenarios, including being arrested for DUI: (1) while your driving privilege is suspended or revoked due to a prior DUI arrest, (2) for a third (or more) DUI offense within a 7 year period, (3) with a child under 15 in the car, (4) while failing to install a court ordered ignition interlock device, or tampering with/circumventing the device, or (5) while driving the wrong way on a highway.

It is important to note that an aggravated DUI can be charged even for a person's first DUI offense.  A person's subjective determination that they are sober enough to drive can be wrong in the eyes of the law, and result in very serious charges.  Additionally, certain prescription medications, while taken lawfully, can result in DUI and aggravated DUI charges.  For these reasons, otherwise faithfully law-abiding people find themselves arrested for DUI, even aggravated DUI.  If you or a loved one has been arrested for DUI or Aggravated DUI in Tucson, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson DUI Lawyer   520-585-5757.

The penalties for Aggravated DUI, a Class 4 Felony, are severe.  First time Aggravated DUI offenders face between 4 months and 3.75 years in Prison, while second time Aggravated DUI offenders face from 2.25 years to 7.5 years in prison; third time Aggravated DUI offenders face between 6 and 15 years.  In addition to incarceration, all felony offenses come with serious consequences, including loss of firearm rights, voting rights, most professional licenses, many employment/housing opportunities, and more.  Additionally, Aggravated DUI comes with high fines, driver's license suspensions (at least three years following release from prison), and installation of an ignition interlock device on your vehicle.

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DUI defense is technical, and requires a thorough understanding of Arizona's DUI laws, our constitutional protections to be free from unreasonable searches and seizures, the science behind DUI testing/field sobriety tests, and superb trial skills.  Prosecutors in Pima County aggressively prosecute Aggravated DUI cases, and defendants face a difficult road.  Having an attorney on your side who will zealously fight for you to get the best possible outcome is essential.  No attorney can guarantee you a particular outcome, but you should hire an attorney whose skills and experience you have confidence in, and whose advice and counsel you trust.  Contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson DUI Lawyer.   520-585-5757.

READ MORE ABOUT GENERAL DUI LAWS AND DEFENSES
READ MORE ABOUT DRUG DUI LAWS

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 OR CHARGED WITH DRIVING UNDER THE INFLUENCE, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON DUI LAWYER AND CRIMINAL DEFENSE ATTORNEY   520-585-5757.

TUCSON CRIMINAL DEFENSE ATTORNEY

Generally, Arizona has relatively lax gun laws, with state laws that favor the Second Amendment.  Arizona law even limits the federal government's right to regulate firearms manufactured in Arizona, makes it illegal to electronically track firearms, and does not require permitting for possession or carrying (more here on Arizona Weapons Offenses).  That said, a major exception to this is possession of a firearm by a convicted felon, or other prohibited person (including those convicted of certain misdemeanors, and adjudicated juvenile delinquents).  Additionally, the federal government has concurrent jurisdiction to prosecute many types of offenses, and felon in possession of a firearm is one of the most common federal criminal charges. (In 2012, 5,768 offenders were convicted of violating 18 U.S.C. § 922(g)). 

ARIZONA FELON IN POSSESSION OF A FIREARM LAWS
Possessing or owning a firearm as a felon in Arizona is a Class 4 felony, punishable by up to three years in prison.  Because most people charged with being a felon in possession of a firearm have a prior felony conviction, the punishment can be even greater.  The law does not only apply to felons, and a person can be a "prohibited possessor" for many reasons including: a person found to be a danger to self or others, a person convicted of a felony (in Arizona or elsewhere), a person convicted of a domestic violence offense (even a misdemeanor), someone on probation or parole, undocumented aliens, and persons found incompetent or guilty except insane.  Possession can be actual or constructive, and legal possession can be broader than what we colloquially consider possession.  Arizona offers many convicted felons an opportunity to restore their firearm rights, but unless this action is taken, a person convicted of a felony is prohibited from owning a firearm, and will face new felony charges if caught with a gun or other deadly weapon.

ARIZONA RESTORATION OF FIREARM RIGHTS
For most felonies, a person is eligible to restore their firearm rights two years after completing probation or parole.  For certain serious offenses, the waiting period is ten years, instead of two.  These offenses include:  Murder, Manslaughter, Aggravated Assault, Sexual Assault, Arson, Robbery, Burglary, Kidnapping and Crimes Against Children.  In order to restore firearm rights, you need to either file a petition or have the felony conviction set aside. 

FEDERAL FELON IN POSSESSION OF A FIREARM LAWS (Federal Crimes Information)
Federal law prohibits any person who has been convicted of a felony from purchasing or possessing a firearm.  Federal law further prohibits firearm possession by drug users or addicts, aliens, persons subject to a domestic violence restraining order, those with prior convictions for domestic assault, fugitives, and those dishonorably discharged from the military.  In Arizona, the gun must have traveled across state lines at some point in order for federal law to apply.  Federal penalties are almost always more severe than state penalties, even in Arizona, a state that is notoriously tough on crime.  While the federal government typically prosecutes more major offenses when it comes to drug crimes, it is very common for the federal government to prosecute simple felon in possession of a firearm cases.  Often, the Federal government elects to file in cases where the offender has a very high offense level, resulting in very harsh penalties.  The average sentence for 922(g) offenders was 75 months.  Facing federal criminal charges, especially involving a firearm, is very serious.  If you or a loved one is facing federal charges for being a felon in possession of a firearm, contact the Tucson Defenders for a FREE CONSULTATION.  520-585-5757.

TOP DEFENSES IN FELON IN POSSESSION CASES
Unlawful Search, Lack of Knowledge, No Firearm Possessed by Defendant, Defendant is NOT Prohibited From Possessing a Firearm, Firearm Rights Have Been Restored, False Accusations, Not a Firearm or Deadly Weapon, the Firearm Did NOT Cross State Lines (Defense in Federal Cases Only), and more.  Determining the best defenses in your particular case is best done during a FREE CONSULTATION.  Contact the Tucson Defenders now to discuss your case and find out how we can help you fight these charges.

RELATED CHARGES
Charges related to being a felon in possession of a firearm include:  Possession of a Firearm by an Adjudicated Delinquent, Possession of Ammunition by a Felon, Selling or Transferring a Weapon to a Prohibited Possessor, Using or Possessing a Firearm or Deadly Weapon During the Commission of a Felony, Trafficking Weapons to Gangs, and more.

Additionally, a Felon in Possession charge is often one of several charges a person faces.  For example, if someone with a prior felony conviction commits and armed robbery, the armed robbery charges will be accompanied by felon in possession charges.  Similarly, if a firearm is located during a convicted felon's parole search, and that search also yields drugs or other contraband, there are likely to be multiple felony charges.

LEARN ABOUT CHALLENGING UNLAWFUL STOPS AND SEARCHES

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