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Tucson DUI With Injury Defense

10/27/2020

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Tucson DUI Defense Lawyer - DUI with Injury

DUI Causing Injury Lawyer
The main reason behind DUI laws, generally, is that drinking and driving (or driving under the influence of drugs) is dangerous to human life.  Impaired driving increases the risk of accidents, and thus injuries, and even fatalities.  In run of the mill DUI cases, the defendant maintains the benefit of not having caused actual harm.  In other words, a person who is arrested at a checkpoint, or pulled over for speeding has not injured anyone.  Unfortunately many DUI cases draw police involvement because of a collision.  In fact, nearly 300,000 Americans are injured each year in DUI accidents. 

Police responding to any accident will be on the lookout for impaired driving.  Even injured people who are themselves taken to the hospital often end up being charged with DUI, though they cannot be charged for causing their own injuries.  If you or a loved one has been arrested or charged with DUI in a case where another person was injured, it is imperative that you have a knowledgeable attorney on your side to challenge the evidence and fight for the best possible outcome in your case.  Contact the Tucson Defenders now for a FREE CONSULTATION.  520-585-5757.

Under Arizona law, a person drives  under the influence of any liquor, any drug, a vapor releasing substance and impaired to the slightest degree.  It is not required that a person be "above the limit" to be deemed impaired under Arizona's strict laws.  The .08 BAC alcohol limit is a per se DUI violation in that driving with a BAC of .08 or higher (.04 while operating a commercial vehicle) is driving under the influence, even if the driver is not impaired.  Additionally, having any controlled substance in the body is DUI.  With various ways of proving DUI, the prosecution's burden is often not difficult for them to meet.  A very thorough defense is vital.

Arizona law makes DUI a felony in circumstances where it causes bodily injury or significant harm to another person (including a passenger, and occupant of another vehicle, pedestrian).  DUI with injury, or aggravated DUI, is punishable as a Class 4 Felony, punishable by up to three years in prison for a first offender, and fines up to $150,000.  Penalties for repeat offenders are even greater.  Other penalties include a driver's license revocation of at least three years, up to five years of probation, mandatory drug and alcohol screening/counseling, traffic school, community service, and installation of ignition interlock devices. 

Additionally, a conviction designated as a felony can have a substantial limiting impact on a person's life, including problems with employment, finding housing, receiving government benefits, maintaining or obtaining professional licenses, firearm ownership, and much more.  The stakes are simply much higher in a DUI case involving an accident, and it is important to have a knowledgeable DUI lawyer on your side, fighting for you.

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 DUI, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense and DUI Lawyer.  520-585-5757

DUI Resources:
Pima County Law Library
NHTSA AZ Highway Safety Report
NHTSA Website
ADOT DUI Information
Alcoholics Anonymous
Tucson, AZ DUI Important Links:
Tucson City Court (Misdemeanors In City Limits)
Pima County Justice Court (Misdemeanors)
Pima County Superior Court (Felonies)
AZDPS DUI Enforcement Unit
Tucson Police Department
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Tucson Kidnapping Defense Lawyer

10/26/2020

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Kidnapping DefenseKidnapping is a very serious offense, and a conviction can result in long prison sentences.
Kidnapping, in criminal law, is the unlawful taking, asportation, transportation, or confinement of a person against their will.  Kidnapping can (and most often does) refer to moving people of any age against their will, and does not apply only to that taking of children.  Kidnapping is often charged alongside other crimes, as the act is often part of a greater criminal scheme.  If you or a loved one has been arrested or charged with kidnapping or a related crime, contact the Tucson Defenders now to discuss your case, and get started with your defense.  Our consultations are completely free and no obligation.  520-585-5757.

ARIZONA KIDNAPPING LAWS
In Arizona, there is a very broad range of conduct that can constitute kidnapping.  The most traditional kidnapping charges arise out of holding a victim for ransom, or using a victim as a shield or hostage.  Kidnapping can also include holding someone for involuntary servitude, hijacking a passenger vehicle, and more.  Arizona's kidnapping statute is so broad, that injuring a victim in the commission of another crime, or even merely placing a person in fear can be charged as kidnapping.  Kidnapping is generally a Class 2 felony, punishable by 7 to 21 years in state prison.  Kidnapping can be reduced to a Class 3 felony or Class 4 felony if the victim is released unharmed.  This legal requirement provides an incentive for release of kidnapping victims, and can greatly reduce the amount of time the defendant faces.  On its own, kidnapping is one of the most harshly-punished crimes in Arizona, but keep in mind that kidnapping is very often charged along other crimes such as robbery, assault, domestic violence, child endangerment, sex trafficking, and more.
Arizona's Kidnapping Statute (ARS 13-304)

FEDERAL KIDNAPPING LAWS
Under Federal law, it is similarly illegal to unlawfully seize, confine, inveigle, decoy, kidnap, abduct, or carry away and hold for ransom or reward or otherwise any person (except in the case of a minor taken by a parent).  For kidnapping to be a federal offense, it must involve crossing state lines, federal land or maritime jurisdiction, or federal officers and employees.  Kidnapping is punishable by up to 20 years in federal prison, but keep in mind that it is often charged alongside other serious crimes, including murder, attempted murder, rape, sex trafficking, robbery and more.
Federal Kidnapping Statute (18 U.S.C. 1201)

KIDNAPPING COMMON DEFENSES
False Accusations - This may be particularly likely in a parental custody dispute situation, or with dysfunctional romantic relationships.
Mistaken Identity - One of the leading causes of false convictions is cases of mistaken identity.  Police and witnesses can make mistakes in identifying a person, but a through defense should get to the bottom of it.
Consent/Implied Consent - If you took an unconscious person to the hospital to get them medical treatment, it is presumed that they would have consented to this movement, despite being unable to declare it.
Citizens Arrest - Arizona law does authorize citizens to make a "citizen's arrest" which would otherwise violate kidnapping laws.
Mistake/Lack of Knowledge - It is possible that a defendant is either (a) unaware that they are confining/transporting/taking away a person, or (b) that they are unaware it is against the person's will.
Duress - A crime committed under the coercion or threat of force of another person may be excused under some circumstances.  If a defendant was forced to do something by another person, there may be a defense against those actions.
Insanity - A person who commits an act while so afflicted with a mental disease as to be unaware the act is wrong can be found guilty, but insane, and will be subject to mental health treatment rather than prison.

Whether state or federal, kidnapping charges are serious business, and require an experienced, skilled, and dedicated attorney.  If you or a loved one has been charged with kidnapping in Arizona, contact the Tucson Defenders today for a FREE CONSULTATION with a Tucson Criminal Defense Lawyer.  520-585-5757.

RELATED CHARGES
Domestic Violence, Violent Crimes, Robbery, Burglary, Sex Crimes, Attempted Murder, Murder, Child Endangerment and Abuse, and more (ALL PRACTICE AREAS)

ARIZONA STATE CRIMINAL LAW LINKS:
Pima County Superior Court
Tucson City Court
Pima County Justice Court
Pima County Sheriff Inmate Locator
Tucson Police Department
Pima County Sheriff
FEDERAL CRIMINAL LAW LINKS:
US District Court - Arizona (Tucson)
BOP Inmate Locator
Drug Enforcement Administration ("DEA")
Bureau of Alcohol, Tobacco and Firearms ("ATF")
Customs and Border Patrol ("CBP") Tucson
Federal Bureau of Investigation ("FBI")
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Tucson Gang Crimes Defense Lawyer

10/26/2020

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State and Federal Gang Crimes Defense

Tucson Criminal Defense Attorneys
In Tucson, both the state and federal criminal laws punish gang activity more harshly than crimes not involving organized crime or criminal syndicate organizations.  These gang laws are frequently criticized for their criminalization of the constitutionally protected freedoms of speech and association, as well as for racially discriminatory enforcement.  Both state and federal lawmakers push for "tough on crime" or "law and order" legislation, often seeking to punish gang violence.  Tucson's criminal street gangs may not be as widespread or well-known as larger cities like Phoenix and Los Angeles, but law enforcement and prosecuting agencies in Tucson make it a top priority to curtail gang activity.  If you or a loved one has been charged with a gang-related crime, it is imperative to have a defense attorney on your side who knows how to defend these difficult cases.  Contact the Tucson Defenders today for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757.

ARIZONA CRIMINAL SYNDICATE LAWS
Under Arizona law, it is against the law (and quite a serious violation) to participate or assist a criminal syndicate or street gang.  Participating or assisting a gang in its illegal activity can make otherwise less serious offenses much more severe consequences.  Participating in a criminal syndicate or street gang is a Class 2 felony in Arizona under most circumstances.  This can mean up to 12.5 years in prison for a first offense!  Nonmembers who assist a criminal gang face a Class 2 felony, punishable by 8.75 years in prison.  Prosecutors can also add a “gang enhancement” to any criminal charges, which can result in increased punishment for the same act.  Additionally, police departments may use "gang injunctions" in certain areas to prohibit seemingly harmless conduct, and arrest people just for congregating.  A September 2020 AZ Supreme Court decision makes application of a gang enhancement unconstitutional in criminal threats cases elevating a misdemeanor to a felony solely on the basis of gang membership (See State v Arevalo).  This decision may end up having further reaching implications, as defense attorneys and civil rights groups continue to attack these discriminatory laws.

Arizona generally has very strict criminal laws, but clearly the way that gang cases are treated is even more serious.  Avoiding these consequences requires a strong understanding of how police departments and prosecuting agencies try to prove gang membership, a strong grasp of the law and rules of evidence, and excellent motion-writing and arguing.  Prosecutors frequently use gang allegations to prejudice juries in serious cases.  It is imperative that your lawyer have experience with serious cases at trial.

FEDERAL CRIMINAL STREET GANG LAWS
Federal law provides a penalty enhancement of up to 10 years for certain gang members who commit a crime with the intention of furthering or promoting gang activity.  These applications have been broadly interpreted, where activities are seen as furthering or promoting gang activity almost automatically if the crimes involve violence or money proceeds.  Federal law also has the Racketeer Influenced and Corrupt Organizations Act (“RICO”) which carries very serious penalties (including prison sentences of 20 years and life imprisonment).  Conspiracies involving two or more qualifying predicate acts can bring on this type of prosecution, and has frequently been employed to bring down organized crime syndicates and criminal street gangs.  Defending these charges is complex, and requires a strong understanding of the law, sentencing guidelines, and more.
More information about Federal Criminal Defense

RELATED ARTICLES
Conspiracy Charges Defense Lawyer in Tucson
Tucson Violent Crimes Defense Attorney
Tucson Murder Defense Lawyer | Attempted Murder
Tucson Accomplice Liability Defense Attorney

If you or a loved one has been arrested, charged with a crime, or is under investigation for a crime involving organized crime, gang activity, or gang violence, you need a passionate, aggressive, experienced lawyer on your side to fight for you.  Contact the Tucson Defenders today to discuss the details of your case, and begin to evaluate defenses which may help you get through this situation.
520-585-5757


AZ Participating in Criminal Syndicate Law

AZ Participating in Criminal Street Gang Law
Pima County Superior Court
Tucson Police Department

Federal Criminal Street Gang Statute

RICO Act Organized Crime Statute
US District Court - AZ (Tucson)
US DOJ - Tucson Office
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Importation of Controlled Substances

10/22/2020

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Tucson, Arizona Major Narcotics Defense Lawyer

Drug Smuggling LawyerCall the Tucson Defenders now for help with your drug case.
Tucson's location, near the US-Mexico border, and as a major city along the I-10 Freeway, makes Southern Arizona a hot spot for the sale, transportation, and large-scale trafficking of a variety of illegal drugs.  The DEA reports that 86% of heroin analyzed comes from Mexico, with the Southwestern border as the primary entry point.  93% of cocaine in the United States comes from Colombia, mostly making its journey into the United States via Mexico.  While methamphetamine can be produced domestically, Customs and Border Patrol notes that 97% of its methamphetamine seizures come from the Southwest border.  Marijuana seizures have declined with the increase of domestically grown marijuana, but Mexico remains the primary source for foreign grown marijuana in the United States.  Importation of narcotics into the United States is most often handled by federal agencies, with Customs and Border Patrol, and the Drug Enforcement Administration working to uncover illegal smuggling operations at border entry points, and other targeted enforcement in several locations in Southern Arizona.  Smuggling of illegal and prescription drugs across the border is very common in Arizona, and results in many cases, including some in state court, but mostly in federal court.  In addition to border crossings, drug smuggling cases can involve postal services (US Postal Service, UPS, DHL, UPS), air transportation (including everything from drones to commercial aircraft, and everything in between).

FEDERAL IMPORTATION OF CONTROLLED SUBSTANCES LAW
(General Federal Criminal Defense Information)

Federal law has long prohibited the importation of narcotic substances, dating back to the early 1900s, initially seeking to quell the importation of opium, and later addressing coca derivatives, other opiates, and eventually marijuana.  Today, most of the drugs in the United States are imported, and federal law enforcement agencies have continued to make enforcement of drug laws at border crossings (and nearby) a top priority.  Under the Controlled Substances Act, those arrested under suspicion of drug smuggling are charged in Federal Court, and face very harsh penalties.  Importation of prescription drugs is also heavily regulated and harshly punished at the federal level.  Those charged with federal drug trafficking offenses can face life in prison for sufficient quantities of drugs (1 kilogram of heroin, 5 kilogram cocaine, or 1000 kilogram of marijuana), up to 40 years in prison for 100 grams of heroin or 500 grams of cocaine.  Customs and Border Patrol and the Drug Enforcement Administration have tremendous resources at their disposal, and build strong cases through the use of electronic surveillance, drug sniffing dogs, and use the harsh laws to their benefit.  If you or a loved one is facing a federal drug charge, contact the Tucson Defenders to discuss your case and get started with defending these serious charges.

ARIZONA IMPORTATION OF NARCOTICS AND DANGEROUS DRUGS LAWS
Arizona law harshly punishes transportation of controlled substances and dangerous drugs.  Pursuant to A.R.S. 13-3405 - 3408 prohibit transportation of various illegal drugs, and do not require proof that the defendant traveled across the border to impose very harsh penalties.  State and local police engage in targeted narcotics enforcement, conducting vehicle stops across Southern Arizona.  Getting across the border might be the most difficult part of smuggling drugs into the United States, but their continued transportation throughout the state often result in very serious state level charges.  Depending on the drug and quantity, transportation charges can result in lengthy prison sentences.  Repeat drug offenders face even harsher penalties, including the possibility of a life sentence for those who meet the definition of Arizona's "serious drug offender" laws.  Facing drug transportation charges in Arizona is serious, and you should have the best representation you can.

DEFENSES IN DRUG SMUGGLING CASES
Lack of Knowledge - Many people are used as drug mules without their knowledge.  Without statements indicating knowledge of the presence of a controlled substance, the government may fall short of meeting its burden of proof.
Unlawful Search - While border crossing greatly diminishes a person's right to privacy, law enforcement agents often fail to follow constitutional safeguards, which can result in suppression of evidence.
Coerced Confessions - Confessions obtained in violation of a suspect's right against self-incrimination or right to counsel should be excluded, which can limit the amount of evidence the government has to make its case.
False Accusations - False accusations occur with every kind of crime.  In drug smuggling cases, this could mean that police have planted evidence, or that a person caught with drugs might blame another person for putting the drugs where they were found.

RELATED TOPICS:
Tucson Drug Crimes Defense
Narcotics Trafficking Defense
Marijuana Crimes in Tucson
Cultivation of Marijuana Defense
Federal Criminal Defense in Tucson
Money Laundering Defense Cases
Asset Forfeiture/Seizures

If you or a loved one has been arrested or charged with a narcotics or smuggling offense, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757.


AZ STATE COURT DRUG CRIMES LINKS:
Pima County Superior Court
AZ Criminal Code Sentencing Provisions
Pima County Inmate Lookup
Tucson Drug Crimes Lawyer

FEDERAL COURT DRUG CRIMES LINKS:
Title 21 US Code (Controlled Substances Act)
US Sent. Comm. Trafficking Quick Facts
Evo A. DeConcini United States Courthouse
BOP Inmate Locator
Drug Enforcement Administration ("DEA")
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Tucson Conspiracy Lawyer

10/12/2020

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Charged with CONSPIRACY?

Tucson Conspiracy Defense Attorney
Conspiracy is an agreement between two or more people to commit a future crime.  A person need not commit the crime, nor even attempt to commit the crime to be guilty of conspiracy.  Under Arizona law, at least one person must commit an overt act in furtherance of the conspiracy, but federal law does not have the same requirement in federal drug conspiracy cases (see United States v. Shabani (1994) 514 U.S. 10). 

The nature and sophistication of federal criminal investigations leads to frequent conspiracy charges in Federal court.  Federal conspiracy charges include: 
  1. Conspiracy to defraud the United States (18 USC 371)
  2. Conspiracy to injure or impede an officer (18 USC 372)
  3. Conspiracy against rights (18 USC 241)
  4. Conspiracy to distribute drugs (18 USC 846)
  5. Racketeering and Organized Crime Organization (RICO) Conspiracy (18 USC 1962)
  6. Conspiracy to kidnap (18 USC 1201)
  7. Conspiracy to obstruct justice (18 USC 73)
Federal conspiracy cases typically involve strong evidence, including wiretaps and other electronic communications, cooperating suspects and defendants, and more.  There are many different ways to be charged with conspiracy in federal court, but any federal conspiracy charge is quite serious and can result in lengthy prison sentences.

In Arizona state courts, "a person commits conspiracy if, with the intent to promote or aid the commission of an offense, such person agrees with one or more persons that at least one of them or another person will engage in conduct constituting the offense and one of the parties commits an overt act in furtherance of the offense."  There are two exceptions where an overt act is not required, for conspiracy cases involving burglary or arson.  In other words, when it comes to conspiracy to commit burglary or arson, the government need not prove that any member of the conspiracy committed an overt act to carry out the crime.  Given the nature of these offenses, the overt act would have to be actual entry to or setting afire of a building, and the law will punish conspiracy to commit such a crime, even without an overt act.  Conspiracy cases in state court are not as often based on wiretaps and other intercepted electronic communication, and are instead built on admissions, or in some cases on the testimony of undercover officers or informants. 

If you or a loved one has been charged with conspiracy in Arizona, know that the consequences are severe.  While Arizona does permit for lesser punishment of attempt crimes, or of solicitation, conspiracy is punishable the same as for the most serious agreed upon offense to be completed.

DEFENSES IN CONSPIRACY CASES
  • False Accusations - an alleged co-conspirator, or other person with a vendetta might make a false accusation.  Fighting false accusations can be difficult, especially when it is the police making false accusations.  Still, thorough investigation and effective cross-examination should help to uncover the false accusation and raise a doubt as to the defendant's guilt.
  • Illegally Obtained Evidence - in the event that evidence of a conspiracy is unlawfully obtained (e.g. illegal wiretap), it may be subject to suppression.  Without the illegally obtained evidence, there may not be enough evidence left to continue to prosecute the case.
  • Abandonment/Withdrawal - This defense is unique to conspiracy charges, and applies where a defendant is charged with conspiracy despite "withdrawing" from the conspiracy.  It is an affirmative defense, requiring the defendant to prove that he/she did not participate in the conspiracy long enough to further the crime, or took steps to stop the conspiracy.  This is a complex defense and has exceptions for abandonment that is not voluntary (e.g. not where abandonment was influenced by seeing police).
  • Lack of Intent/Knowledge - Both under state and federal law, a person cannot be guilty of conspiracy if being unwittingly used by another person.  The government must be able to prove knowledge and intent beyond a reasonable doubt to get a conviction.  While this can be proven by looking at actions (i.e. the prosecution is not required to prove silent thoughts), it is a good defense, and often an area the government has the most trouble proving.
  • Entrapment - One of the most misunderstood areas of criminal law, entrapment is a difficult defense to win on.  It is not enough that an undercover officer encouraged participation in a crime, and to prevail, a defendant must be able to show that the pressure was so extreme as to induce the defendant to agree to a crime they were not predisposed to commit.  Undercover officers know this definition well, and often take care to operate within the bounds of the law.
  • Mere Presence - It is not a crime to be present while others commit a crime.  A person who is arrested during a major raid, for example, might be charged with a conspiracy without having been involved in any crime or agreement to commit future crimes.
  • Mistaken Identity - This is a fairly straightforward defense, but can be complex in the conspiracy context.  The government might have the wrong idea about who a phone or other electronic device belongs to, or about which person in a group is involved in a conspiracy.

RELATED CHARGES
Charges related to conspiracy include:  aiding and abetting, accessory after the fact, solicitation, attempt crimes, and more.

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



Arizona Conspiracy Statute (ARS 13-1003)
Pima County Superior Court
Tucson Criminal Defense Lawyer Practice Areas
Tucson Police Department
Pima County Sheriff


Federal Conspiracy Statute (18 USC 371)
Federal Courthouse - Tucson
Tucson Federal Criminal Defense Lawyer
Federal Bureau of Investigation (FBI)
Drug Enforcement Administration (DEA)
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Tucson Aiding and Abetting Lawyer

10/9/2020

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Tucson Criminal Defense Attorney Explains Aiding and Abetting Laws

Aiding and Abetting Laws
A person can be held criminally responsible for the actions of another person.  The most common way that a person can be criminally charged with the acts of another person, is when they knowingly assist another person in the commission of a crime.  Criminal law has long recognized that not all crimes are committed by a single actor, and seeks to punish all culpable participants.  In many cases, a minor participant in a crime faces the same punishment as the principal mastermind behind a crime.  When two or more people work together to commit a criminal act, the crime is often more sophisticated, more dangerous, and more likely to succeed.  This is why laws deal aiding and abetting quite harshly.  Providing assistance, promising to provide assistance, or even providing advice to someone knowing that they will violate the law is against the law.  Accomplice liability is a complex and important topic in criminal law.

Arizona law provides three different ways that a person can be accountable for the crimes of another person:

1. The person is made accountable for such conduct by the statute defining the offense; or
2. Acting with the culpable mental state sufficient for the commission of the offense, such person causes another person, whether or not such other person is capable of forming the culpable mental state, to engage in such conduct; or
3. The person is an accomplice of such other person in the commission of an offense including any offense that is a natural and probable or reasonably foreseeable consequence of the offense for which the person was an accomplice.
(A.R.S. 13-303)

The third of these deals with accomplice liability.  Notably, an accomplice need not know the precise crime that the principal will commit, so long as that crime is reasonably foreseeable.  For example, if a person drives another person to commit a robbery, and the robber ends up killing the clerk, the driver will also be charged with murder in most circumstances.  Accomplices who help another person commit a crime in any way, with knowledge that their assistance will aid or encourage the commission of the crime, makes the accomplice responsible for the same crimes as the principal.  With Arizona's very strict laws (see PRACTICE AREAS for specific crimes), obviously the penalties for accomplices are harsh as well.

Under Federal law, an aider or abettor will be punishable the same as a principal.  Federal law also recognizes a distinction between being an aider and abettor versus being an accessory after the fact, with the latter not taking on the character of the primary offense.  Due to harsh federal sentencing guidelines, being a small participant in a major crime can carry very serious consequences.  In Federal cases, it is imperative that your lawyer understands sentencing in and out and can help you avoid mandatory minimum sentences.  More information about FEDERAL CRIMINAL DEFENSE.

DEFENSES IN AIDING AND ABETTING CASES

  • False Accusations - a co-defendant or informant might make a false accusation about a person's involvement in a crime for personal gain.  Discrediting false accusations is complex, and requires superb courtroom skills, and thorough investigation.
  • Lack of Intent/Knowledge - it is not a crime to be an unwitting participant in a crime.  Providing assistance such as a ride, or other means to commit a crime will not be aiding and abetting without evidence of knowledge of the criminal purpose or intent that a crime be carried out.
  • Mere Presence - "Guilt by association" as it is called is not enough evidence to convict a person of being an accomplice.  To charge a person of being an accomplice to a crime, the prosecution should be able to prove specific acts that further a crime, not just speculate that a person who was merely present was involved.
  • Suppressing Evidence - In the event that the government relies upon evidence that was obtained in violation of a defendant's Fourth, Fifth, or Sixth Amendment rights may result in that evidence being excluded.  Suppression of evidence often results in a dismissal.
  • Only an Accessory - if a defendant only helped the principal after the crime had been committed (and if there was not a prior understanding), then they are guilty of being an accessory after the fact, its own crime, instead of being guilty of the same charge as the principal.  This can be a dramatic difference in serious cases.

RELATED CHARGES
Attempt crimes, conspiracy, accessory after the fact, solicitation, and more.

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


Arizona Aiding/Abetting Statute (ARS 13-303)
Pima County Superior Court
Tucson Criminal Defense Lawyer Practice Areas
Federal Aiding/Abetting Statute (18 USC 2)
Federal Courthouse - Tucson
Tucson Federal Criminal Defense Lawyer
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Tucson Hacking and Cyber Crimes Defense

10/2/2020

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Hacking and Cyber Crimes
As our modern lives continue to rely more and more on computer technology, the threat of hacking and cyber crimes has grown, as have law enforcement efforts to curtail the practice.  Though the word "hacked" is often used to describe pranks between friends who leave their social media profiles open, the law generally does not get involved in those types of scenarios.  Security hacking, on the other hand, where people with advanced technical knowledge use their unique skills to find and exploit weaknesses in websites, databases, computer systems or networks, is a serious threat to privacy, business, and even government functions. 

Cyber-security is a mega industry, where companies and governments hire individuals with expertise to locate and fix weaknesses before they are exposed by those with ulterior motives.  Hacking is done for many reasons, including activism, profit-seeking, boredom, revenge, and more. 
The sophistication and skill of many hackers has made their detection by law enforcement difficult, but hacking and cyber crimes cases are common in Arizona, especially in Federal Court, though Arizona has state laws dealing with the issue.  Every state, as well as the federal government, has enacted some form of hacking, tampering, or cyber-crime law.  As with many areas of criminal law, Arizona and federal law punish cyber crimes harshly.

FEDERAL HACKING LAWS
Most who are accused of hacking in Federal court are charged under the Computer Fraud and Abuse Act ("CFAA"), which covers a wide range of computer-related offenses.  The CFAA can only protect information that relates either to interstate commerce or the federal government, because the Federal courts have limited jurisdiction.  It should be noted that Congress and the Federal court system have interpreted the commerce power quite broadly, and most commercial activity in the United States involves more than one state in one way or another.  Under the CFAA, a person can face up to 20 years in prison and fines of up to $250,000 for damaging or intending to damage another's system.
More about Federal Criminal Defense

ARIZONA HACKING LAWS
Under Arizona law "computer tampering" without authorization (or exceeding authorization) is a felony, and can range from Class 2 (most serious) to Class 6 (least serious, but still a felony), depending on the circumstances.  Computer tampering cases can be prosecuted in the county where the victimized computer is located, any county where the computer(s) used is located, any county where access was denied or an authorized user's use interrupted, or the county in which critical infrastructure resources were tampered with or affected.  This means that the prosecution need not be able to prove where a defendant was when tampering, supposing there is other evidence linking them to the act (e.g. admission, accusation by another, etc.).

RELATED OFFENSES
  • Unauthorized Possession of Access Device
  • Unauthorized Release of Proprietary or Confidential Computer Information
  • Tampering with a Public Record
  • Cyber-stalking
  • Interception of Electronic Communications
  • Child Pornography
  • Internet Luring of Minors

If you or a loved one has been arrested, or charged with a hacking or cyber crime, whether in federal court or state court, there are many defenses in these cases.  The vague language in some of the statutes, a host of potential search and seizure issues, as well as the mysterious nature of computer hacking, often results in law enforcement and prosecution mistakes.  Contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.

FREE CONSULTATIONS - 520-585-5757


Pima County Superior Court
AZ Hacking Statute (ARS 13-2316)
AZ DPS - Computer and Financial Crimes

US District Court - Arizona (Tucson)
Computer Fraud and Abuse Act (18 USC 1030)
DOJ Computer Crimes Prosecution Manual
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