Across the nation (and Arizona is no different) law enforcement and prosecuting agencies have increased efforts to go after crimes targeting older people.  It is estimated that for each of the roughly five million elder abuse cases occurring in the US each year, there are an additional 20+ unreported cases.  This stark finding, paired with the special vulnerability of a growing aging population, is the primary motivation for this increase in enforcement.  In Arizona, it is estimated that there are over 100,000 cases of elder abuse each year, and state and local agencies have responded by creating specialized units focused on these unique cases.  In Arizona, Adult Protective Services is one of the most active agencies in investigating tips and reports of alleged elder abuse. 

If you or a loved one has been accused, arrested, or charged with a crime involving elder victims, contact the Tucson Defenders today for a FREE CONSULTATION with a criminal defense attorney.  520-585-5757.

One of the more unique aspects of elder abuse cases is not only the age of the alleged victims, but also that there is generally some sort of relationship between the alleged victim and alleged perpetrator.  Family and caregiver relationships are the most common, wherein individuals who have some control over the alleged victims owe a duty of care, and are entrusted with caring for them.  Often, alleged victims of physical abuse, sexual abuse, rape, neglect, verbal/emotional abuse, and the like are living in a nursing home, or undergo in-home care.  More about Assault Crimes

Financial elder abuse is also very common, wherein family members and/or caregivers are accused of exerting influence over mentally infirm elders in order to secure monetary gifts, inheritances, and the like.  Often, relatives accuse each other in such matters, fearing that one person is taking advantage of a vulnerable elderly person.  More about Theft Crimes

The broad range of acts that can qualify as elder abuse means that there can be many different charges brought in cases of suspected elder abuse.  These crimes range from Class 2 to Class 6 felonies, with possible punishments anywhere from 1 year to 12 years in prison.

Some common defenses to elder abuse cases include:  False accusations (most common when a family member makes the accusation), mistaken identity, accuser was confused or has impaired memory, character of the accused, and more.  Because this category of crime can cover varying types of conduct, the specific defense strategy (investigation, motions, trial defenses) will also vary.  For example, financial elder abuse accusations may require a close examination of financial records and legal documents, whereas investigations of physical abuse will more likely require examination of alleged injuries, expert analysis, and interviewing witnesses.

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520-585-5757

Tampering with evidence, or tampering with/intimidating a witness, whether charged on its own, or alongside other offenses, can be a very serious crime.  Seen as an attack on the judicial process, anyone charged with any kind of tampering is likely to face harsh treatment from the court and prosecution.  Whether you are accused of attempting to cover up your own crime, the crime of another person, or attempting to influence the testimony of a witness, tampering charges most often result in felony charges, and can carry very serious consequences.  If you or a loved one has been arrested or charged with a crime relating to evidence or witness tampering, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757.

ARIZONA EVIDENCE TAMPERING CHARGES (Arizona Evidence Tampering Statute: 13-2809)
Under Arizona law, it is a Class 6 felony to tamper with physical evidence, or knowingly produce or make false physical evidence.  A Class 6 felony is punishable by up to one year in prison, as well as fines.  It is not a defense to tampering charges that the evidence would not have been admissible anyway.  Evidence tampering charges can be brought against criminal suspects, but also can be brought against police and others involved in law enforcement, if they produce false evidence, or maliciously hide exculpatory evidence.  If you believe your case may involve evidence tampering by law enforcement, that might not only mean criminal charges for the offending officer, but could also result in positive consequences in your case.

ARIZONA WITNESS TAMPERING DEFENSE (Arizona Tampering with a Witness Statute: 13-2804)
Attempting to intimidate or otherwise persuade a witness to withhold testimony, falsify testimony, to not testify, or to evade a subpoena is also a Class 6 felony in Arizona.  This means that it is punishable by up to one year in prison, and fines.  While most other threats are a misdemeanor under Arizona law, such threats are taken more seriously when directed at a witness or crime victim.

FEDERAL EVIDENCE TAMPERING CHARGES (Federal Tampering Statute: 18 U.S.C. 1519)
Evidence tampering is a very big deal in federal court.  Destroying, altering, falsifying, or otherwise tampering with evidence in a federal case can mean up to 20 years in federal prison.  This can apply to any federal investigation at the investigative phase, or to any federal case in court.
More About Federal Criminal Defense

FEDERAL WITNESS TAMPERING DEFENSE (Federal Witness Tampering Statute: 18 U.S.C. 1512)
Because many federal cases target high-level organized crime organizations, witness tampering is a very common occurrence (and charge) in federal court.  Witness tampering and intimidation is so widespread, as to have created a need for a highly organized witness protection program.  Those charged with witness intimidation in federal court face punishment of up to 20 years, and can expect to face very harsh prosecution and treatment from the court.

If you or a loved one has been arrested, charged with a crime, or may be under investigation for a crime, it is in your best interest to get in touch with a criminal defense attorney as soon as possible.  Contact the Tucson Defenders today for a FREE CONSULTATION 520-585-5757

Related Charges:  Perjury, Filing a False Report, Threatening or Intimidation, Drug Crimes, Aiding and Abetting, Resisting Arrest, and more.

The Fourth Amendment to the United States Constitution guarantees our right to be free from unreasonable searches.  What exactly makes a search "unreasonable" has been defined by hundreds of years of judicial interpretation, with the most significant landmark rulings occurring in the United States Supreme Court.  Although the full progression of Fourth Amendment jurisprudence is long and complex, this article will attempt to explain some of the basics, and help provide an understanding of the law.  This article is for informational purposes only, and should not be construed as providing legal advice.  Nor does any of the information contained within this article create and attorney client relationship.  If you have specific questions about a search that has resulted in criminal charges in Arizona, contact the Tucson Defenders today for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757.

SEARCHES OF THE HOME
Case law clearly states that the greatest expectation of privacy a person can enjoy is in their own home.  This means that searches of homes are most likely to fall into the category of "unreasonable" searches that are prohibited by the constitution.  In most cases, home searches require a warrant, or consent (more on that later).  There are a few narrow exceptions to the warrant requirement for a search of a home, most commonly pursuit of a fleeing felon, to execute an arrest warrant, or the broader "exigent circumstances" exception that would permit, for example, police to enter a home if they could hear an occupant screaming for help.  Homes can include mobile homes, RVs, apartments, garages, etc.  Additionally, Fourth Amendment protections do not apply only to

VEHICLE SEARCHES
We enjoy a lessened expectation of privacy in our vehicles.  By the very nature of driving around out in the open, we do not have the same protections as is our homes.  A person may be pulled over (but not searched or arrested) upon a mere showing of "reasonable suspicion" (more on investigatory detentions below).  Vehicles can be searched based on probable cause.  Typically, such probable cause is furnished by tips (e.g. a convenience store owner says that three robbers in masks jumped into a red SUV), as well as plain-view observations.  A large number of weapon and drug crime, and drug trafficking cases come from vehicle searches.  A driver can best protect themselves from searches of a vehicle by obeying traffic laws (including maintaining proper registration and keeping their vehicle in good repair), and not having anything illegal or suspicious in plain sight.

INVESTIGATORY DETENTIONS
When a person is arrested or fully searched, the police need to have probable cause (or a warrant, which would also require a showing of probable cause to a magistrate).  Over 50 years ago, the Supreme Court carved out a limited exception for brief "investigatory detentions" which were not the same as a full-blown arrest, and even allow for a pat down of the exterior of a suspect's clothing.  Rather than requiring probable cause to justify these brief intrusions, courts only require police to have "reasonable suspicion" that criminal activity is afoot.  This means that even without evidence sufficient to constitute probable cause, police can initiate an investigatory detention, which often leads to their gathering more evidence, leading to an arrest or full-blown search.  Many traffic and pedestrian stops are "investigatory detentions" and therefore need not be based on probable cause.  During this brief encounter, police attempt to confirm or deny their suspicions.  For example, if a police officer stops a vehicle that is seen driving slowly around a neighborhood, the officer does not have probable cause on that basis alone to conduct an arrest or search.  However, if there have been home invasions in the area, and the officer can articulate facts that make it seem as though the car is "casing" homes, they might initiate a traffic stop.  Once stopped, the officer might see burglary tools in plain sight, and can then make an arrest.  This is also common in DUI enforcement stops, where an officer's observation of swerving is not enough to effect a DUI arrest, but may be enough to investigate whether the driver is impaired.

CONSENT SEARCHES
Many searches of homes, vehicles, and persons are categorized as "consent searches" despite the very coercive nature of police encounters.  Police are trained to maintain control of a suspect, and certainly restrict our liberty during encounters.  When police seek to search a person without probable cause, they will typically try to achieve their consent.  Unfortunately, this power dynamic (and extensive police training) often makes people feel as if they have no choice but to consent.  After warrants, consent searches can be the most difficult to challenge in court.  During any police encounter, it is very important to affirmatively state that you do not consent to searches.  While police may very well still conduct a search, a defense lawyer will better be able to defend a client who does not consent.

CONTESTING A SEARCH
If you have been arrested or charged with a crime, and believe that the police may have violated your Fourth Amendment rights in the process, the remedy is generally to exclude any evidence unlawfully obtained.  This means that the government will not be able to present some or all of their evidence, which often results in a dismissal of the charges.  The avenue to suppress evidence, whether in Arizona state courts, or in federal court, is to file a suppression motion.  At the suppression hearing, the government has the burden of proving that the search was not conducted in violation of the defendant's Fourth Amendment rights.  These motions require a strong grasp of the law, great research and writing skills, excellent courtroom advocacy, and thorough investigations.

If you or a loved one has been arrested, searched, or charged with a crime, contact the Tucson Defenders now for a FREE CONSULTATION.  We can go over the details of your specific case, and discuss possible strategies for your defense.