When a defendant is granted probation, whether as part of a plea deal or after a conviction at trial, that probationary sentence is imposed in lieu of a prison (felonies) or jail (misdemeanor) sentence.  Although some portion of jail time may be served in connection with a probation sentence, probation is a break in the amount of time a person can serve.  Not all offenses and not all defendants are eligible for probation.  Probationers must comply with the conditions of probation, including checking in, staying out of trouble, passing drug tests, maintaining employment, and more.  If a person violates the terms of their probation, they can be sentenced to more time in jail or prison.  If you or a loved one has been accused of violating probation, contact the Tucson Defenders now for a FREE CONSULTATION.  520-585-5757.

A person who violates a grant of probation can be punished up to the maximum carried by the original charge, plus there may be new criminal charges if the alleged violation also constitutes a criminal offense on its own.  For example, if a person is on felony probation, and is caught with a gun, having the gun will be both a violation of probation, and state and federal laws prohibiting firearm possession by a felon. 

ARIZONA PROBATION LAWS
Arizona has three types of probation: intensive probation, supervised probation, and unsupervised probation.  The sentencing court determines appropriate conditions of probation, which will always include to obey all laws and stay out of trouble, but may also include participating in programs, stay away orders, orders not to do specific things (such as a stay away order, order not to use or possess alcohol, etc.).  People on probation lack many of the rights the rest enjoy, and may be searched, arrested, and taken to court at any time.  Judges have authority to change terms of probation, and revoke probation, resulting in imposition or execution of a sentence.

There are both differences and similarities in the way a probation violation and a criminal charge are handled.  Probationers have a revocation arraignment, where they must be informed of the alleged violations, and either admit or deny the violations.  Next, the court holds a probation violation hearing, where the judge (not a jury) will decide whether a violation has been proven by a preponderance of the evidence, a much lower standard than proof beyond a reasonable doubt.  In other words, it takes much less evidence to find someone in violation of probation than to find someone guilty of a criminal charge.  Additionally, the court may consider hearsay and other  evidence that would be inadmissible at trial.  If a person is found in violation of one or more terms of probation, the case then proceeds to a disposition hearing, where the judge decides whether to revoke probation and impose a sentence, reinstate probation, or modify the terms.

FEDERAL PROBATION AND SUPERVISED RELEASE LAWS
Prior to implementation of the Federal Sentencing Guidelines, courts had the authority to stay the imposition or execution of a sentence, much as it continues to work today in Arizona state courts.  Now, under the Guidelines, a probationary sentence is regarded as a sentence in itself.  Upon a violation of probation, a court can continue probation, with or without modifying the terms, or revoke probation, and impose a different sentence, up to the maximum it could have originally imposed.  In some cases, revocation is mandatory upon a violation.  In federal cases, there is also Supervised Release, which is substantially similar to probation, and judges can revoke, or reinstate supervision. 

Terms of federal probation and supervised release are crafted by the court, but will always include not violating any laws.  Violations are punishable based on the seriousness of the new offense, without much regard to the original charges.  If a person is found in violation for committing a state or federal felony offense, probation shall be revoked.  The sentencing court retains jurisdiction over probation violations, and must first hold a preliminary hearing (unless waived) to determine whether probable cause exists to believe the violation has occurred.  If the court finds probable cause exists, it must proceed to a revocation hearing.  Revocation hearings are not a full trial, and the rules of evidence do not apply, and the standard of proof to prove a violation is preponderance of the evidence (just like in Arizona state courts for probation violations).  Revocation of supervised release or probation in federal court will likely mean a lengthy prison sentence.

RELATED ARTICLES
Federal Criminal Defense in Tucson
Juvenile Criminal Defense in Tucson

If you or a loved one has been arrested or charged with a criminal offense, or with violating probation, you deserve a lawyer who will fight to get you the best possible result in your case.  Contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney to discuss the details of your case, including possible outcomes and defenses.  Consultations are not only free, but no obligation.

Has a government agency seized your cash, bank account, vehicle, merchandise, real or other property?  Getting your property back from law enforcement agencies can be difficult and troublesome, and it helps to have an experienced attorney on your side to protect your property interest.  Government agencies will seize assets, especially large quantities of cash without any evidence of wrongdoing.  Although the law requires the government to prove that seized property was used in or obtained by criminal activity, innocent property owners lack the experience and knowledge of the law to avoid falling victim to government takings.  Many people do not even seek to get their property back, and many more go about it the wrong way. 

If the government improperly took your hard earned money, we will work hard to get it back for you.  If we agree to take your case, our fee will be on a strictly contingency basis, meaning that you will not pay any fees unless we get your property back.  There may be strict deadlines involved, so contact us now to discuss your case.  Our consultations are free and no obligation.  520-585-5757.

FEDERAL ASSET FORFEITURE CLAIMS
Most of the major asset seizures in Tucson, and across Arizona, are conducted by federal agencies, or by local task forces working in conjunction with federal agencies.  The Drug Enforcement Administration ("DEA"), Federal Bureau of Investigation ("FBI"), Customs and Border Patrol ("CBP"), Bureau of Alcohol, Tobacco, and Firearms ("ATF"), conduct various operations specifically targeting asset seizures.  Typically, when property is seized, the seizing agency will issue a receipt.  Next, the seizing agency will have to send a notice of seizure to potential claimants (including the person from whose possession the property was taken, the owner of any building or vehicle in which the property was located, etc.).  A claimant has 30 days to file a claim upon receiving a notice of seizure.  If this claim is not properly executed, it will likely preclude recovering the property.  Filing the claim will start a legal process, and make the government show proof that the property is related to some crime.  If the government cannot make the necessary showing of proof, the property must be returned to its rightful owner.  Federal law permits civil asset forfeiture, meaning that the government does not need to prove a person is guilty of a crime (which requires proof beyond a reasonable doubt), and may simply meet a preponderance of evidence standard to keep seized assets.  As such, litigating asset forfeiture claims requires experience, knowledge of the law, and smart strategy.

• Example: Drew is pulled over on the 10 Freeway, and searched by Arizona State Troopers, working on a DEA joint task force, who find $50,000 in the trunk of their car.  Drew has committed no crime, but the money is his car is seized.  He is not arrested, but is issued a receipt for his cash.  A few weeks later, Drew, and his mother (legal owner of the car) get seizure notices in the mail regarding the seized cash.  Drew hires an attorney who files the appropriate paperwork.  After several months of case review and dealings with the United States Attorney's Office, Drew gets his money back, because the money was not related to any drugs or criminal activity, and the government could not prove that it was.  If Drew had made any technical or tactical mistakes, he could have relinquished his claim to the property, or worse, exposed himself to criminal investigation.

ARIZONA STATE ASSET FORFEITURE
**House Bill 2810 UPDATE: Arizona's asset forfeiture laws were amended in September 2021 to reflect major reforms, and this section has been amended**
(More about House Bill 2810)

Since 2021, Arizona's asset forfeiture laws have been modified to require a criminal conviction of the property owner before most property can be forfeited under state law. Additionally, the burden of proof is on the government to show by clear and convincing evidence that the property sought to be forfeited is related to criminal activity (previously, a lower standard, preponderance of the evidence was all that the state needed to prove). Property must also be returned within 60 days if the state does not pursue criminal charges or charges or dismissed (or if there is an acquittal at trial).

An unintended consequence of this asset forfeiture reform is that law enforcement at the state level have begun to focus investigations on crimes that are more likely to result in valuable property seizures, diverting investigative resources away from crimes that have a greater negative impact on our communities.

As with its criminal laws, Arizona long had some of the harshest asset forfeiture laws. In other words, Arizonans who had property taken by law enforcement agencies would have a harder time getting their property back than almost anywhere in the country.  State level agencies were seizing an average of over $25,000,000 each year. Further motivating such seizures, 100% of seized money went directly to law enforcement, most of it being spent on police salaries, overtime, and upgrading equipment. 

Arizona previously went through some asset forfeiture reforms in 2017, but these incremental changes have not slowed down unjustified seizures.  The way to protect yourself and your property, is to get a skilled, experienced, dedicated lawyer on your side.  Efforts to further reform Arizona asset forfeiture law are ongoing, but are heavily opposed by law enforcement agencies, police unions, district attorney's offices, and many politicians.  Further, even if Arizona law undergoes additional reforms, Federal law will still provide avenues to seize property without real evidence of a crime.

CRIMINAL FORFEITURE
In some cases, assets are seized in conjunction with an arrest and criminal charges.  This can happen in both state and federal court, and is especially common in Drug Trafficking Cases, Money Laundering Cases, Marijuana Cultivation, Weapons Cases, Federal Crimes, Fraud, Drug Smuggling and more.  Being charged with a crime already carries very serious potential consequences, including prison, fines, jail, probation, and life-altering criminal convictions.  If as part of those charges, property is seized, the consequences can be even further reaching.  Beating criminal charges, and handling the criminal case properly will also help to recover seized property.  It helps to have an attorney on your side who knows how to handle these procedures properly and give you the best chance to avoid criminal liability, and get your property back.

Forfeiture law, whether state or federal, criminal or civil, is complex and delicate.  If the government has seized your hard-earned, lawfully-obtained property, we can help you get it back.  Contact the Tucson Defenders today to discuss your asset seizure case, as well as any associated criminal charges.  We can discuss the details of your case, explain the process to get your property back, and answer any other questions you might have about the process.

Resisting arrest is a fairly common charge in Tucson, and is often accompanied by other charges.  During an arrest, it is important to follow police instructions.  Not complying with a police order can result in additional charges, and is a major safety risk.  In Arizona, resisting arrest can be active, or passive, so simply not following instructions can lead to additional criminal charges. 

Under Arizona law, a person is guilty of resisting arrest if they intentionally prevent, or attempt to prevent a peace officer from arresting someone by using/threatening force, otherwise creating a risk of injury to the officer or another person, or engaging in passive resistance.  If resisting involves the use of force, threat of force, or otherwise creates a substantial risk of causing physical injury, resisting arrest is a Class 6 felony.  In cases where the only resisting is "passive resistance" the charge is instead a Class 1 misdemeanor.  Passive resistance can be as simple as tensing up, or failing to stand up and cooperate with arresting officers.  As a felony, resisting is punishable by up to a year in prison for a first time offender, whereas a misdemeanor is punishable by up to 6 months in jail, 3 years of probation, and a fine of up to $2500.  Even if initially charged with a felony, a defendant may be able to avoid this and be convicted only of a misdemeanor charge.

The accused must have reasonably known that the person making the arrest was a peace officer acting in their official capacity.  This means that a person will not be guilty of resisting arrest under circumstances where the person attempting the arrest has not made clear that they are law enforcement, or is not acting in their official capacity.  It is possible to be charged with resisting arrest even if no other crime was committed.  Accessing body worn cameras, surveillance footage, and getting thorough statements from witnesses are essential in these cases, and have revolutionized criminal defense.

DEFENSES IN RESISTING ARREST CASES
Lack of Intent - The government has to prove the defendant intended to prevent an officer from effecting arrest, and is aware of the legitimate law enforcement purpose being carried out.  Additionally, quick, reflexive actions may not qualify as intentional if argued.
Self-Defense - If a person resists arrest in response to excessive government force, it is not a crime.
False Accusations - Police may lie and fabricate resisting arrest charges.  This is especially common as police may seek to justify an arrest, punish perceived dissent, and cover up their own improper use of force.

RELATED OFFENSES
Assault on a Police Officer - Any assault on a police officer is an aggravated assault, and therefore a felony under Arizona law.  If the assault results in an injury, or death, it can lead to extremely serious consequences.
Unlawful Flight - Purposely fleeing from a pursuing police vehicle is a Class 5 felony in Arizona. 
False Reporting - Knowingly making a fraudulent or unfounded report or statement or knowingly misrepresenting a fact for the purpose of interfering with a police operation is a Class 1 misdemeanor.

Resisting arrest charges are serious, and can be part of an already serious case, depending on the reason for the original arrest.  If you or a loved one is facing resisting arrest charges, know that there are defenses, and our modern technological times have turned the tables on a lot of resisting arrest cases.  With thorough investigation, effective cross-examination, and strong advocacy, resisting arrest cases, and other criminal charges are winnable.  Contact the Tucson Defender today for a FREE CONSULTATION with a Tucson Criminal Defense Attorney to discuss your case, and see if we can help you reach your goals in your case.  520-585-5757.

Having a criminal conviction on your record can pose many problems, including difficulty in finding employment, renting an apartment, obtaining a professional license, attending school functions, purchasing a firearm, and more.  To avoid these and other problems, it is wise to take every possible step to clean up your criminal history.  If you have worked hard to stay out of trouble, old convictions should not be holding you back and making living the good life more difficult.  Additionally, prior convictions can enhance penalties for future crimes, and taking steps to clean up your record could potentially help in any future dealings with the law.  If you have prior convictions and have questions about what can be done to help you clean up your record, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Lawyer.  520-585-5757.

Arizona does not have a true "expungement" process, where a criminal conviction can be removed from your record, but that does not mean that there are not ways to lessen the harmful impact a prior conviction has in the present day.

SET ASIDE A CONVICTION
Under Arizona law, most people who have finished out their sentence (including any term of probation) are eligible to have a conviction set aside.  The exceptions are:

1. a dangerous offense,
2. offenses requiring sex offender registry,
3. an offense for which there has been a finding of sexual motivation,
4. a felony offense in which the victim is under 15 years of age, and
5. driving on a suspended license and certain municipal traffic violations. 

In determining whether to set aside a conviction, the court considers the following factors:

1. The nature and circumstances of the offense that the conviction is based on.
2. The applicant's compliance with the conditions of probation, the sentence imposed and any state department of corrections' rules or regulations, if applicable.
3. Any prior or subsequent convictions.
4. The victim's input and the status of victim restitution, if any.
5. The length of time that has elapsed since the completion of the applicant's sentence.
6. The applicant's age at the time of the conviction.
7. Any other factor that is relevant to the application.

It is important to note that a set aside simply adds an annotation that a conviction has been set aside, but does not remove or redact anything from your record.  A conviction which has been set aside can still be used as a prior conviction in subsequent criminal cases, and may be used by the Department of Public Safety to deny a fingerprint clearance.

RECORD SEALING/CLEARANCE
A person who is wrongfully arrested, charged, or indicted may petition the superior court for a clearance.  After a hearing, the judge will have to determine whether entering a clearance is in the interests of justice.  If the court finds that the interests of justice are served by doing so, they will enter a clearance on all court records, and serve a copy of the order on all law enforcement agencies and courts, restricting them from sharing those records without a court order.

RESTORATION OF FIREARM RIGHTS
One of the most popular reasons people in Arizona seek to clean up their record is to be able to purchase firearms.  Arizona generally has some of the harshest criminal laws in the nation, but is relatively lenient in regards to firearms.  For most felony convictions, a person can file for the restoration of their right to possess or carry a firearm two years after their absolute discharge.  A person convicted of a serious offense (or an out of state offense that would be a serious offense if it occurred in Arizona) may not apply for firearm restoration until 10 years after their absolute discharge.  Those convicted of dangerous offenses may not restore their rights to carry or possess a firearm, ever.  Whether to restore firearm rights is in the judge's discretion.

RESTORATION OF CIVIL RIGHTS
Restoration of civil rights, other than firearm rights, is automatic for first time offenders.  Others may apply with the court to have civil rights restored, and may be subject to a contested hearing, at which any victim may be heard.

WITHDRAW A PLEA
Federal law recognizes a conviction at the time of plea, so a set aside of a conviction does not remove a conviction for federal law purposes, most notably immigration.  Many non-citizens have plead guilty to charges that result in negative immigration consequences, including deportation/removal, denial of naturalization, denial of entry, and more.  For non-citizen defendants who plead guilty to such charges, a set aside will not be helpful.  Upon a showing that a defendant was not properly advised of the immigration consequences of a plea, a person may withdraw their plea.  If a plea is permitted to be withdrawn, there is no conviction for any purposes.  This does not mean, however, that the case is expunged or dismissed; instead, the case resumes as if the guilty plea had not been entered, an becomes an open criminal case again.  This affords the defendant an opportunity to fight the case or to seek a plea deal that does not carry the same negative immigration consequences.

VACATING CONVICTION OF A SEX TRAFFICKING VICTIM
A person who was previously convicted of prostitution (whether under the state statute, or a local ordinance), can apply to have the conviction vacated.  The court must find, by clear and convincing evidence, that the person's participation in the offense was a direct result of being a victim of sex trafficking.  It is not necessary that anyone be convicted of sex trafficking.  In most cases, a person who has had their conviction vacated may state that they have never been arrested or convicted on an employment, housing, financial aid or loan application.  This relief applies to convictions which occurred prior to 2014, as the law changed not to allow for a conviction of victims of sex trafficking.
More about prostitution cases

If you or a loved one has a less-than-spotless criminal history, there may be ways to clean up your record and not let your past continue to haunt you at every turn.  Although prior convictions cannot be completely removed from your record, it may be possible to avoid having to disclose it, and avoid potential employers, landlords, etc. know.  In some cases, more complex relief may be available to help you reach your goals.

Manufacturing narcotics and dangerous drugs is a very serious crime in Arizona.  While manufacturing of drugs most often brings up images of the manufacture of methamphetamine, it can apply to making drugs such as MDMA ("Ecstacy"/"Molly"), PCP, DMT, GHB, synthetic cannabinoids, and over 100 different chemical compounds, which qualify as dangerous drugs under Arizona law.  Cultivation of marijuana is similarly regarded and punished, as is the manufacture of concentrates.  If you or a loved one has been charged with the manufacture, trafficking, sale, cultivation, or even possession of a narcotic or dangerous drug in Arizona, know that Arizona has some of the harshest drug laws in the country, but that drug cases are defensible, and it is possible to avoid some of the most serious consequences.  Contact the Tucson Defenders today for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757.

RELATED ARTICLES:
Marijuana Cultivation, Drug Trafficking, Drug Crimes, Marijuana Crimes, Federal Crimes
Importing Drugs

ARIZONA MANUFACTURING LAWS
Under Arizona law, it is a Class 2 felony to manufacture a dangerous or narcotic drug.  This means that as a first offense, manufacturing a dangerous or narcotic drug is punishable by up to 12.5 years in prison.  Penalties are further enhanced for repeat offenders.  A serious drug offender, a defendant who is convicted of a drug offense that is part of a pattern of drug crimes is punishable by life imprisonment.  Manufacturing methamphetamine under conditions that cause injury to a minor is also a Class 2 felony, but is punishable by up to 27 years in prison (37 years if defendant has a prior conviction of a predicate felony).  Even just possessing, selling, transferring, etc. of precursor used to make narcotics or dangerous drugs is a felony in Arizona.  Manufacturing of a misbranded drug is a Class 4 felony, punishable by up to 3.75 years in prison for a first time offender, and more for repeat offenders.  Arizona's drug laws are harsh and complex.  Fighting your case requires a strong grasp of the law, your constitutional rights, and experience defending serious drug crimes.  Arizona and Tucson, each have special task forces to abate drug manufacturing operations, and aggressively seek out and prosecute both small and large labs that manufacture methamphetamine, MDMA, and other drugs.

FEDERAL MANUFACTURING LAWS
Federal drug cases .  In the US District Courts in Arizona, there is a strong emphasis on drug smuggling, with the proximity of the US-Mexico border, and accordingly, many of the federal drug cases in Tucson pertain to drugs manufactured in Mexico, and are therefore drug trafficking crimes, not manufacturing.  Still, there are manufacturing cases in federal court, and they are very serious.  As are federal trafficking and importation cases.  In most federal drug manufacturing cases, defendants face a mandatory minimum sentence of 10 years in federal prison, and might face larger mandatory minimums, and sentences as high as life for larger quantities of drugs.  Federal drug laws are even harsher than Arizona's already harsh drug laws, and those who find themselves facing federal drug charges are going up against the United States government in a difficult fight for their freedom.  The Drug Enforcement Administration ("DEA"), Customs and Border Patrol ("CBP") and other federal and local agencies seek out drug manufacturing operations using sophisticated technology and investigative tactics, including the use of tracking devices, confidential informants, and more.

POSSIBLE DEFENSES IN MANUFACTURING CASES
Constitutional Violations - Your lawyer can suppress physical evidence and statements obtained in violation of the defendant's rights.
Lack of Knowledge/Mistake of Fact - a person who unknowingly possesses precursors and chemicals used to make illegal drugs, thinking that the substance is something else has a defense.
Wrong Person - Roommates, landlords, and other cohabitants are often mistakenly blamed for another person's illegal activity, including the manufacture of drugs.
Plea Bargaining - Even in cases with strong evidence of guilt, it may be possible to mitigate the punishment and charges in a drug manufacturing case.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH A SERIOUS DRUG OFFENSE IN ARIZONA, WHETHER IN STATE OR FEDERAL COURT, CONTACT THE TUCSON DEFENDERS FOR A FREE CONSULTATION TO DISCUSS YOUR CASE WITH A TUCSON CRIMINAL DEFENSE LAWYER.
520-585-5757.

In recent years, "the world's oldest profession" has changed.  With the internet providing a new way for people to communicate, a lot of prostitution has moved off of the street, and onto dating and classified sites.  In cities like Tucson, there are still prostitutes who stand on street corners hoping to attract customers (commonly called "Johns") and there are businesses like massage parlors that secretly offer sexual services for a fee.  As the way prostitution is advertised and carried out has changed, so have law enforcement's efforts to curtail it.  Police conduct sting operations, posing as prostitutes and "Johns" in an effort to stop prostitution, online and in person.  Additionally, a nationwide effort to curtail human trafficking and sex trafficking has resulted in greater law enforcement efforts to catch pimps and other sex traffickers, rather than just going after street level prostitutes as is the past.  As criminal laws dealing with prostitution evolve, there is less emphasis on punishing suspected prostitutes, but penalties remain harsh.

Avoiding a conviction for these charges is important, not only to avoid a criminal conviction, but also due to the mandatory jail time, and embarrassing nature of the charges.  Having to explain a criminal conviction on a job interview is already difficult; when that conviction is related to sex and prostitution, it can be much more difficult to discuss with a stranger or someone you know.  To discuss your case, possible outcomes, available defenses, and any other questions you may have, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Lawyer.  520-585-5757.

ARIZONA PROSTITUTION LAWS
Under Arizona law, it is a Class 1 misdemeanor to engage in prostitution.  For sentencing, prostitution carries minimum jail sentences as follows:

• at least 15 days for a first offense
• at least 30 days for a second offense
• at least 60 days for a third offense
• a felony, and a minimum sentence of 180 days for a fourth or subsequent offense.

In order to prove a person guilty of engaging in prostitution, the government must prove the following elements:

• there was an offer of money or something of value
• the exchange was for engaging in a sexual act, which means there must be intent that the sex act should be performed, AND
• a substantial act in furtherance of the offer.

TUCSON CITY LAWS REGARDING PROSTITUTION
Tucson has its own laws covering lewdness, and covers a wide range of acts, including prostitution, solicitation of prostitution, and even standing in a public place in a manner that manifests the intent to entice or induce others.  This ordinance, also a misdemeanor, and imposing the same penalties as the state statute (above), is easier for the prosecution to prove.  This means that being charged with prostitution under the city ordinance can be harder to fight than when charged under the Arizona statute.

DEFENSES IN SOLICITATION AND PROSTITUTION CASES

• Insufficient Evidence
• Lack of Intent
• Entrapment
• Victim of Human Trafficking
• Mistaken Identity
• False Accusations

RELATED OFFENSES

• Transporting Persons for the Purpose of Prostitution, Class 5 felony
• Pandering, Class 5 felony
• Receiving Earnings of a Prostitute, Class 5 felony
• Keeping a House of Prostitution, Class 5 felony
• Procurement of Persons for Purpose of Prostitution, Class 5 felony
• Enticement of Persons for Purpose of Prostitution, Class 6 felony
• Procurement by False Pretenses of Person for Purpose of Prostitution, Class 6 felony
• Taking a Child for the Purpose of Prostitution, Class 4 felony
• Causing Spouse to Become a Prostitute, Class 5 felony
• Detention of Persons in a House of Prostitution for Debt, Class 5 felony
• Residing in a House of Prostitution, Class 1 misdemeanor
• Child Sex Trafficking, Class 2 felony (in most cases)
• Federal Human Trafficking Laws

General Sex Crimes Information
Federal Crimes Information

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

Embezzlement is a specific kind of theft crime, where the defendant had lawful possession of the stolen property, but then takes the property for their own personal gain.  Most often, embezzlement is charged in the context of employment, where an employee has lawful control of an employers money or property, and then converts the property to be there own, by retaining physical possession, transferring the property to a different account, etc.  A non-violent, white collar crime, Embezzlement is still aggressively prosecuted, and very harshly punished.  A defendant who has been entrusted to hold, manage, or otherwise possess another person's property can be wrongfully charged with embezzlement if property goes missing, or even with accounting errors.  White collar crime defense requires a strong understanding of accounting practices, superb attention to detail, and usually is very time consuming.  If you or a loved one has been charged with embezzlement, whether in state or federal court, contact the Tucson Defenders to discuss your case with a Tucson Criminal Defense Attorney.  Consultations are free, confidential, and no obligation. 

ARIZONA EMBEZZLEMENT LAW
Under Arizona law, embezzlement is classified based on the value of the property alleged to have been embezzled. 

• Embezzlement of property or money worth $25,000 or more is a Class 2 felony in Arizona.  As a first offense, this means it is punishable by a minimum of 4 years, and a maximum of 12.5 years. 
• Embezzlement of property worth $4,000 or more, but less than $25,000, is a Class 3 felony, still quite serious, and punishable by 2.5 years to 8.75 years in prison. 
• Embezzlement of property worth $3,000 or more, but less than $4,000, or a vehicle engine or transmission (regardless of value) is a Class 4 felony, punishable by 1.5 years to 3.75 years.
• Embezzlement of property worth $2,000 or more, but less than $3,000 is a Class 5 felony, punishable by a minimum of 9 months, and maximum of 1.5 years in prison.
• Embezzlement of property worth $1,000 or more, but less than $2,000, or a firearm or animal (regardless of value) is a Class 6 felony, punishable by a minimum of 6 months, to a maximum of 1 year.
• Embezzlement of property worth less than $1,000 is a Class 1 misdemeanor, punishable by a maximum of 6 months, as well as three years of probation, and a fine of up to $2,500 plus surcharges.

Penalties are enhanced for offenders with eligible prior felony convictions.  Additionally, fines, restitution, and other conditions will be assessed upon a conviction for embezzlement.  Embezzlement is generally going to be eligible for a probation sentence, so having strong representation can make a big difference.

FEDERAL EMBEZZLEMENT CASES
Although the most commonly discussed kind of embezzlement case (theft by employee) is typically handled in state court, certain types of embezzlement will be filed in federal court, as violations of federal criminal law.  Some examples of federal embezzlement cases include: embezzlement of public property/funds/records, tools/materials for counterfeiting purposes, US government employee or officer converting funds, embezzlement by bank officers/employees, embezzlement of interstate/foreign shipments, embezzlement involving lending/credit/insurance institutions, theft or embezzlement in connection with health care, theft of major artwork, and more. 

EMBEZZLEMENT DEFENSES
Each case is different, and determining the best defenses available in a particular case requires a careful examination of the evidence, as well as thorough investigation.  Some of the more common defenses in an embezzlement case include: 

• Mistake of Fact (defendant thought they had a right to take the property),
• Mistaken Identity (someone else embezzled the money),
• False Accusation (property owner is fabricating the theft),
• Consent (defendant had permission to take the property),
• Lack of Intent to Permanently Deprive (intending to return money/property),
• Constitutional Rights Violations (unlawful search or interrogation),
• Challenging Value/Amount (can result in drastically reduced penalties)and more

and more.

RELATED OFFENSES
Theft Crimes, Federal Crimes, Money Laundering Crimes, Fraud Crimes, Auto Theft Charges, Burglary,
Shoplifting, and more.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED, OR ACCUSED OF EMBEZZLEMENT OR OTHER KINDS OF WHITE COLLAR OR THEFT CRIMES, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY.  520-585-5757.

The vast majority of court cases do not go to trial.  This is true in both civil and criminal cases, but this article will focus on the decision to go to trial in a criminal case.  In many criminal cases, there is a substantial dispute as to what happened, the mental state of the people involved, and as to whether certain conduct in fact constitutes the charged offenses.  Trial is designed to work out these differences, where a judge (in a bench trial) or jury will have to hear from witnesses, and look at available evidence, and then answer those factual questions.  Plea negotiations seek to "settle" these issues, whereby the defense and prosecution will agree as to the charges and/or punishment, and can avoid trial.

THIS INFORMATION IS NO SUBSTITUTE FOR A CONSULTATION WITH A LAWYER.  IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED WITH A CRIME, OR IS UNDER INVESTIGATION FOR A CRIME, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY.  520-585-5757.

WHAT TO EXPECT FROM A JURY TRIAL?
In many ways, a jury trial is the greatest safeguard that remains in our criminal justice process.  Jurors are members of the public, who must provide their consent before the government can punish a defendant.  In criminal trials, a jury can only convict with a unanimous verdict.  Jury trials begin with jury selection (also called voir dire), and pretrial motions to determine what evidence the jury can hear.  These safeguards exist to further ensure a fair jury trial.  Potential jurors who exhibit strong bias should not serve on a jury, and evidence that is misleading, was unlawfully obtained, or that is offered to prejudice the defendant rather than prove facts will be kept from the jury.  

During jury selection, the court and attorneys are given an opportunity to question jurors to determine who the parties want to have determine the important issues presented.  Next, the parties get to present opening statements, talking about the case and what they expect the evidence to prove.  The prosecution will then call its witnesses, and the defense gets an opportunity to cross-examine those witnesses.  After the government presents its case, the defense calls its witnesses, if any, and the defendant may testify if they so choose.  Jurors should pay close attention to testimony.  Next, the parties get to present closing arguments, after which the jurors are given instructions and begin to deliberate.  Hopefully the jury comes back with a not guilty verdict, but it is also possible that they return a guilty verdict, or even that they cannot reach a verdict (hung jury). 

The Sixth Amendment to the US Constitution guarantees a defendant's right to a jury trial.  In Arizona, the right to a jury trial does not attach to all criminal charges, with many misdemeanors deemed "petty" offenses, not giving rise to the right to a trial by jury.  Generally, a defendant will have a right to a jury trial for all charges where he/she faces punishment greater than 6 months incarceration.  There is also a right to a jury trial for DUI and reckless driving cases.  All defendants charged with felonies are entitled to a jury trial, though only those charged with the most serious offenses are entitled to a jury of 12 people.  A criminal jury can have as few as 8 jurors, but still requires unanimity to reach a verdict.  This right attaches to cases in Federal Court as well.

WHAT IS DIFFERENT ABOUT A BENCH TRIAL?
The obvious difference between a jury trial and a bench trial is that there is no jury in a bench trial.  This means that the judge will make not only the legal rulings in the case, but also serves as the finder of fact, and will ultimately decide the verdict in the case.  With a unanimous verdict required for conviction in a jury trial, avoiding a conviction only takes one of twelve people to vote not guilty.  In this sense, a defendant will generally have a much better chance of avoiding a conviction in a jury trial.  Additionally, a majority of judges are former prosecutors, and may be less affected by defense arguments.  A bench trial may be preferable with extremely unpopular facts, and also provide the benefit of taking much less time than a jury trial. 

HOW CAN I GET A GOOD PLEA DEAL?
Plea negotiations generally take place throughout the duration of a criminal case.  In some circumstances, the best plea deal may be reached early in the process.  In other cases, the best deals are reached right at the eve of trial.  Each lawyer has their own way of seeking out the best plea deal, but getting a good deal generally will require strong negotiation skills, presenting mitigating evidence, investigation to accumulate favorable evidence, and exploiting holes in the government's case.  A criminal defendant has a right to a trial, and must consent to waiving that right in exchange for a plea.  This means that a defendant can hold out for a deal that they want or need, and can be prepared to go to trial if the prosecution will not agree to those terms.

It is important to note that not all cases will go to trial or result in a plea deal.  Some cases are dismissed outright, and there are a number of tactical ways that your criminal defense lawyer can seek to do that in your case, including challenging probable cause to charge, suppressing statements or physical evidence, or convincing the prosecutor to dismiss the case instead of proceeding.  That said, most cases result in a plea deal, and relatively few are dismissed outright.

If you or a loved one is facing criminal charges and has questions about the criminal justice process, trial, plea negotiations, and the like, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Lawyer.  520-585-5757.

Traditionally, at common law, there were two types of manslaughter, involuntary manslaughter, and voluntary manslaughter.  Both of these types of manslaughter were meant to cover homicide offenses (killing of a human being), where the conduct did not rise to the level of murder.  The primary distinction between murder and manslaughter is the lack of "malice aforethought," an element of common law murder.  Involuntary manslaughter refers to reckless homicide, whereas voluntary manslaughter refers to seemingly intentional killings that are the result of sufficient provocation to render the killer less culpable (also called "passion killings").  The history of homicide law is reflected in the application of Arizona's statutes, and a thorough manslaughter or murder defense requires a strong understanding of common law, case law, and the Arizona statutes.  If you or a loved one has been arrested, or charged in connection with the death of another person, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.

ARIZONA MANSLAUGHTER LAWS
Arizona's modern criminal code recognizes five different categories of manslaughter, including the traditional two from common law.  Under Arizona law, a person can be charged with manslaughter in any of the following situations:

1. recklessly causing the death of another person,
2. committing second degree murder upon a sudden quarrel or heat of passion with sufficient provocation by the victim,
3. intentionally and knowingly providing the physical means another person uses to commit suicide,
4. committing second degree murder while under coercion or threat of immediate unlawful deadly force, OR
5. knowingly or recklessly causing the death of an unborn child by an injury to the mother.

Arizona Manslaughter Statute (ARS 13-1103)

PENALTIES FOR MANSLAUGHTER
Manslaughter is a Class 2 Felony in Arizona, reflecting both the seriousness of taking a human life, as well as the mitigated mens rea relative to murder.  Often in homicide prosecutions, a person will be charged with murder, but may end up being convicted of the lesser offense of manslaughter instead.  This can happen as a result of plea negotiations, motions, or at trial.  As a first offense, manslaughter is punishable by 7, 10.5 (presumptive) or 21 years in prison.  A person with one prior allegeable felony faces up to 28 years, while a person with two such prior felonies faces up to 35 years in prison for manslaughter.

VEHICULAR MANSLAUGHTER
Although Arizona law does not have a separate statute punishing vehicular manslaughter, many manslaughter cases involve motor vehicle collisions.  A person can be charged with manslaughter, or even second degree murder, for driving under the influence, driving recklessly, etc. and causing the death of another person or unborn child.  Vehicular manslaughter cases can raise complex issues of causation, as well as make determinations of relatively minor legal violations much more serious.  For these reasons, an attorney defending a vehicular manslaughter case needs to be familiar not only with manslaughter and homicide laws, but also toxicology, accident reconstruction, and more.  Expert witnesses can help to properly present the defense, but ultimately, you need an attorney on your side who understands the law and science that is needed to provide a strong defense.

DIFFERENTIATING MANSLAUGHTER, MURDER, AND NEGLIGENT HOMICIDE
Because both murder and manslaughter cover both intentional and unintentional killings of another person, the lines are not always crystal clear.  This is precisely one of the reasons effective advocacy is so important in homicide cases.  Without a strong defense, a person who might be eligible to be convicted of manslaughter only might suffer a murder conviction, and therefore harsher penalties.  Recklessly causing the death of another person is manslaughter, but a person can be convicted of second degree murder by conduct that manifests an extreme indifference to human life.  These laws are not always applied uniformly, and often result in the same conduct being punished as murder in one case, and manslaughter in another.  Passion killings and coerced killings provide a similar difficulty, where in some cases the same scenario will be deemed sufficient provocation to mitigate murder down to manslaughter in one case, but not in another.  A killing by criminal negligence is Negligent Homicide, a Class 4 felony. 

OTHER MANSLAUGHTER NOTES

• Provocation by a person other than the victim does not reduce a charge of second degree murder to manslaughter.  Additionally, a murder that is premeditated is first degree murder, and therefore cannot be
• A licensed physician performing an abortion or medical care to the mother or unborn child cannot be charged with manslaughter under Arizona law.  The mother also cannot be charged with manslaughter.
• Arizona does not permit physician assisted suicide or other forms of assistance to a person who seeks to end their own life.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH MANSLAUGHTER, MURDER, OR NEGLIGENT HOMICIDE, YOU NEED AN AGGRESSIVE, EXPERIENCED TUCSON CRIMINAL DEFENSE ATTORNEY ON YOUR SIDE.  CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION   520-585-5757.