First, it is important to note that each case is different, and that there is no substitute to careful case review by an experienced criminal defense attorney.  The information provided in this article is meant to generally explain some of the more common defenses and defense strategies in criminal cases, but is in no way intended to serve as legal advice, and does not serve as a replacement for a real consultation with an attorney.  If you or a loved one has been arrested, charged with a crime, or may be under investigation for a crime in Arizona, state or Federal, contact the Tucson Defenders today for a FREE Consultation.  520-585-5757.

CRIMINAL DEFENSE MOTIONS
One of the words you will hear a lot in court is "motion."  A motion is a formal request by a party of the court, and can be based on a number of different issues.  A motion can be made orally or in writing, but it is generally preferable to submit a written motion.  A good motion will describe the facts, as well as lay out the legal reasons that the request should be granted.  This requires not only a thorough understanding of the facts of the case and the applicable law, but often research into the specific issues and most current law.  Some of the most common motions in an Arizona criminal case include:

• Motion to Suppress Evidence
• Motion to Dismiss (there are many different possible reasons)
• Motion for Remand (for a new probable cause determination)
• Motion to Reduce Bail (or for own recognizance release)
• Motion to Compel Discovery
• Motions in Limine (motions to keep certain evidence out of trial)

JURY TRIAL
The right to a trial by jury in criminal cases is one of the benchmarks of American freedom, and one of the most important rights that we have. 

PLEA NEGOTIATIONS
Most criminal cases do not get dismissed by motion or go to trial.  An overwhelming majority of criminal cases resolve via a negotiated plea.  In cases with very strong evidence, going to trial might expose the defendant to significant penalties, which may be sometimes minimized by effective plea negotiations.  In cases with weak evidence, it might still be favorable to know what the outcome will be, rather than risking the possibility of a trial loss.  Effectively presenting mitigating evidence (good character, flaws with the evidence, etc.) is vital to reaching a favorable plea deal.  Before accepting a plea deal, you will want to know that your lawyer did everything possible to make the terms more favorable.  This can mean reducing the amount of time in custody (ideally to no time in custody), changing the charges to keep a record clean, and much much more.  Discuss your priorities and concerns with your lawyer as soon as possible so that you can create a good plan of action.

DIVERSION PROGRAMS
A diversion program is similar to probation, except that it avoids a conviction.  It is typically worked out as a deal with the prosecuting attorney, and can sometimes be the best option for a person charged with a crime.  There are several different types of diversion, the main distinction being between formal and informal (or "pre-plea") diversion.  Entering a plea of guilty is not regarded as a conviction under Arizona law; a person is only deemed to have been convicted of a crime upon being sentenced for the crime.  Therefore, a person can enter a plea to a charge, and then be permitted to later withdraw the plea before an entry of judgment (formal diversion).  Unfortunately, Federal law regards a person as being convicted of a crime at the time of a plea, and this means that a person would not want to enter a plea of guilty or no contest if federal law might have implications (for example, Immigration Consequences).  In such cases, it would be best to fight for informal diversion, where the defendant does not enter a plea.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED WITH A CRIME, OR MAY BE UNDER INVESTIGATION FOR A CRIME, CONTACT THE TUCSON DEFENDERS TODAY FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE LAWYER.  WE CAN GO OVER THE DETAILS OF YOUR CASE, ANSWER ANY QUESTIONS YOU HAVE, AND GET STARTED ON THE BEST PLAN TO DEFEND YOU.  520-585-5757.

One of the most serious concerns most criminal defendants have is going into custody.  In misdemeanor cases, this can mean some county jail time, while in felony cases, a sentence can include long prison terms.  Of course getting a case dismissed entirely, or winning at trial and earning an acquittal are the best possible outcomes.  But, this is not always possible in the age of surveillance cameras, social media, text messages, cell phone cameras, etc.  Even a person convicted of a crime can avoid incarceration a number of different ways.  An experienced criminal defense attorney can determine the possible ways to achieve this and work for you to avoid spending time behind bars.  Contact a Tucson criminal defense attorney for a Free Consultation.  520-585-5757.

Far and away, the most common jail alternative is probation.  Probation is an alternative sentence, where a defendant is placed on supervision for a set time, and given conditions to avoid going into jail or prison.  In misdemeanor cases, a person granted probation will likely go into jail only upon committing a violation of that probation (i.e. failure to complete terms of probation, or getting into new trouble).  In felony cases, probation is in lieu of prison time, and typically involves greater supervision as well.  Further, felony probation can sometimes include some county jail time as a condition.  Violating felony probation can result in jail time, prison time, extending probation, and additional conditions.

Home confinement is another popular alternative to jail or prison.  Improvements in technology have allowed for an expansion of "house arrest," "electronic monitoring," and "home confinement" in lieu of jail.  Most commonly, this will occur in felony probation cases, where a defendant will be able to do some of their jail time at home as a condition of probation. 

Substance abuse and mental health treatment are increasingly become options to take the place of jail time.  Our criminal justice system has slowly been coming around to the idea that incarceration does not treat illnesses and does not help with addiction.  Although increased programming and resources in jails and prisons aim to help reduce recidivism, keeping people out of custody in the first place, while providing the support they need to get better has proven more effective for many.

Diversion programs help defendants not only avoid jail or prison, but also avoid a criminal conviction.  This is ideal in that staying out of jail is but one concern; keeping a clean record is vital to moving on with one's life.  Discuss the possibility of a diversion program with your attorney to see if you might be able to do a program that is similar to probation, but ultimately provides better results.

To this point, this article has focused on dispositions that result in avoiding jail or prison as a sentence.  Of course, there is also the issue of pre-trial detention.  In the US, many people who have not yet been convicted of any crime remain behind bars while fighting their case.  Bail can be denied or can be very high in more serious cases.  Having an attorney who knows how to present mitigation and fight for lower bail (or an own recognizance release) can be the difference between being in custody while fighting your case or not.

In Federal criminal cases, both pretrial release from custody, and alternative sentencing (probation, electronic monitoring) can be available.  Due to harsh federal sentencing guidelines, avoiding custody time can be much more difficult in Federal cases.  Those charged with crimes in federal court require thorough and experienced defense to combat the charges, and if needed to seek leniency at sentencing.

Criminal cases have a lot of moving parts, and there are many factors that can impact the outcome.  Having an attorney on your side who knows the laws, procedures, and has experience handling your type of case is imperative.  If you or a loved one has been arrested or charged with a crime, contact the Tucson Defenders today for a FREE CONSULTATION.  520-585-5757.

In Arizona, the "age of consent" (i.e. the minimum age a person must be in order to legally give consent) for sexual intercourse or oral sexual contact.  All sexual acts are unlawful without consent.  Since minor's cannot legally give consent, sexual conduct with a person under the age of 18 is a felony, and harshly prosecuted in Arizona.  If you or a loved one has been accused, arrested, or charged with a sex crime in Arizona, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson criminal lawyer.

520-585-5757

PENALTIES FOR SEXUAL CONDUCT WITH A MINOR
The possible penalties for sexual conduct with a minor depend heavily on the age of the minor.  Sexual conduct with a minor 15 or older constitutes a Class 6 felony, punishable by a maximum sentence of two years in prison (for a person with no felony priors).  On the other hand, for a minor under the age of 15, sexual conduct with a minor is a Class 2 felony, and is punishable by a minimum of 13 and a maximum of 27 years in prison.  Sexual conduct with a minor 12 or under is punishable by a mandatory 35 years to life in prison.

DEFENSES TO SEXUAL CONDUCT WITH A MINOR

• False Accusations - No sexual conduct ever occurred, or ever occurred during a period when it was not lawful.  This can include fabrication, as well as misunderstandings of what actually happened.
• Reasonable Mistake of Age - If the defendant did not know of the minor's age, and reasonably could not know the age of the minor (minor must be at least 15 for defendant to assert this defense). 
• Marriage - If the defendant and minor were legally married at the time of the alleged offense, and the minor is at least 15, the defendant can assert that as a defense to
• Close-in-age Exemption - see more below

CLOSE IN AGE EXEMPTION
Sometimes referred to as a "Romeo and Juliet" law, a close-in-age exemption creates a narrow exception to the law for those very close in age.  In order for the close-in-age exception to apply, the older person would have to be 19 or younger, or still in high school, an no more than two years older than the younger person.  For example, a 19 year old engaging in sexual conduct with a 17 year old would fall within this exception.  Note that in Arizona, this law provides an affirmative defense, whereby the Defendant has the burden of proving that the criteria are met.  Charges can, and still often are, brought against people to whom the exemption may apply.

CAN A MINOR BE CHARGED WITH STATUTORY RAPE?
A person under 18 can be punished under Arizona's statutory rape laws.  Primarily, this law would be applied in situations where the younger minor is very young and/or the .  Such conduct constitutes a Class 2 felony.

RELATED OFFENSES

• ARS 13-1406 - Sexual Assault
• ARS 13-1409/1412/1419 - Unlawful Sexual Conduct
• ARS 13-1410 - Molestation of a Child
• ARS 13-1417 - Continuous Sexual Abuse of a Child
• ARS 13-1418 - Sexual Misconduct

If you or a loved one has been accused, arrested, or charged with a violation of sexual conduct with a minor, contact an attorney right away to determine the best and most effective way to protect your rights and liberty.  Speak to a Tucson Criminal Defense Attorney today about your case.  Consultations are free.  520-585-5757.

Theft is the taking of the property of another person with the intent to permanently deprive the owner.  Theft can be achieved by various means, and some are more serious than others.  For example, robbery (taking by force) is considered a more serious offense than shoplifting because of the fear and violence associated with the former.  Similarly, theft by extortion is treated seriously because of the nature of the crime, even if the value of the stolen property is lower.

More about Arizona Theft Crimes

ARIZONA THEFT BY EXTORTION LAW
Pursuant to ARS 13-1804, a person commits the crime of theft by extortion by taking another's property (or services) by threat.  The most serious crime is a threat to commit a future violent act upon any person by using a dangerous or deadly weapon or threatening to kill another person (Class 2 felony).  A threat to commit any other violent act upon another person, damage property, commit a crime, accuse someone of committing a crime, expose a secret (whether true or false), take or withhold action as a public servant, cause anyone to part with property, and more (Class 4 felony).  In short, threatening other people to take their property or not pay for a service is a serious crime.  As a Class 2 felony, extortion is punishable by up to 12.5 years in prison for a first offense; as a Class 4 felony, extortion is punishable by up to 3.75 years in prison.  Those with prior felony convictions face even greater possible punishment.

DEFENSES TO THEFT BY EXTORTION
Theft by extortion has some of the same common defenses as most crimes, particularly other theft offenses.  Some of the most common defenses to theft by extortion include:

• False Accusations - The very nature of threats is that they are often made by and between individuals who have a contentious relationship (e.g. ex-lovers, sworn enemies, etc.).  Just because an alleged victim claims to have been threatened does not mean that it actually happened.
• Lack of Threat/Intent to Threaten - Words are not always intended to have the same meaning as the listener may interpret them.  For example, "I'll kill you if you don't share your fries with me" has a very clear plain meaning, but similar language is often used without an intent to convey an actual threat.  NOTE:  The taking may still be a crime, just not extortion.
• Lawful Threats - A person may lawfully threaten legal action or reporting of a crime unless their property is returned or they are paid back for a financial harm incurred by the unlawful act of another person.  This will not apply to justify threats of violence, and demands for payment of money owed must be done properly.
• Lack of Intent to Permanently Deprive - Theft requires an intent by the taker to permanently deprive the owner of property.  Borrowing property with the intent to use it and return it is not theft, and therefore not theft by extortion.
• Mistaken Identity - An actual crime victim may mistakenly identify the wrong person, or police may identify the wrong person as the perpetrator of a crime.  Cases of mistaken identity are particularly common in robbery cases, but can occur in extortion cases as well.
• Constitutional Violation - Evidence (statements or physical evidence) obtained in violation of the Defendant's Constitutional Rights may not be used against them in court.  If a defendant confesses during a custodial interrogation without having been read their rights, or if police unlawfully go through a defendant's phone to obtain incriminating statements, the evidence should be suppressed.

RELATED OFFENSES

• Robbery - Taking of the property from the person of another by force or threat of force.
• Theft by Misrepresentation - Taking of the property of another by fraud.
• Bribery - Offering money to a public official with the intent to influence their decision.

EXAMPLES OF EXTORTION

• Threatening to accuse someone of sexual assault unless given a job
• Threatening to expose an affair unless paid $5000
• Threatening to damage a person's property if they do not agree to give it to you

Extortion is not the most common crime, but it is a serious offense.  If you or a loved one has been arrested, charged, indicted, or is under investigation for theft by extortion, or related theft offenses, contact the Tucson Defenders today for a FREE CONSULTATION with a Tucson Criminal Defense Lawyer.  520-585-5757.

Under traditional common law, Rape was the crime of engaging in sexual intercourse without consent of that person, by use of force or fear.  Many US jurisdictions retain this crime in their criminal law statutes, and punish forcible rape among the most harshly punished offenses.  In Arizona, the crime of sexual assault is very severely punished, but does not require the element of force or fear.  Sexual assault cases involving violence are punishable by life in prison.  Prosecuting agencies in Arizona (and across the nation) have begun to place a greater emphasis on prosecuting sex crimes, including sexual assault, violent sexual assault.  More than ever, those facing sexual assault accusations, even prior to being arrested or charged, need the help of an experienced criminal defense attorney by their side.  Contact the Tucson Defenders today for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757.
*HANDLING SEXUAL ASSAULT AND RAPE CASES THROUGHOUT AZ, CA, AND TX

ARIZONA SEXUAL ASSAULT STATUTE
Pursuant to ARS 13-1406, sexual assault is committed "by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person."  A Class 2 felony, a first offense is punishable by up to 14 years in prison, and is not eligible for probation or suspension of sentence.  For defendants with prior historical felony convictions, the penalties are even greater.  Additional enhancements exist for cases involving:

• "Date rape" drugs - "intentional or knowing administration of flunitrazepam, gamma hydroxy butyrate or ketamine hydrochloride without the victim's knowledge" (additional 3 years),
• Serious physical injury - "if the sexual assault involved the intentional or knowing infliction of serious physical injury, the person may be sentenced to life imprisonment"
• Child victims - "sexual assault of a minor who is twelve years of age or younger or sexual conduct with a minor who is twelve years of age or younger shall be sentenced to life imprisonment."

ARIZONA VIOLENT SEXUAL ASSAULT STATUTE
Pursuant to ARS 12-1423, violent sexual assault cases are treated even more seriously.  This includes crimes involving the use of dangerous or deadly weapons, or the intentional or knowing infliction of serious physical injury.  Those convicted of violent sexual assault in Arizona are sentenced to serve the remainder of their natural life in prison, and may not be released under any circumstance (with the exception of appeals and other post-conviction relief that would vacate the conviction).

SEX OFFENDER REGISTRATION
While the primary concern for individuals facing sexual assault or violent sexual assault charges is avoiding very lengthy prison sentences, it is also important to note that conviction of sex offenses in Arizona typically carries mandatory sex offender registration.  In terms of a negotiated plea, whether a defendant must register as a sex offender should be a major point of emphasis.  Anyone considering entering into a plea deal in a sex case should discuss registration with their attorney.

FEDERAL SEXUAL ASSAULT CHARGES
Sexual assault cases are most often filed in state court, but under certain circumstances, federal prosecutions are possible.  A rape or sexual assault crime may be prosecuted in Federal Court in any of the following circumstances:

• The offense involved crossing state lines
• The offense took place on federal property (including national parks, federal government buildings, federal prisons, etc.
• The offense was committed against a federal government officer or employee.

DEFENSES IN SEXUAL ASSAULT CASES
Sexual assault cases are unique in that there are rarely witnesses other than the alleged victim.  Years ago, sexual assault and rape prosecutions in "date rape" scenarios were uncommon; today, they make up the vast majority of sexual assault prosecutions.  As the nature of sexual assault prosecutions has changed, so have the main defenses.  For example, mistaken identity used to be the most common defense when most prosecutions involved a perpetrator who was a stranger to the victim.  Now, consent and false accusations are more commonly asserted as defenses, as cases typically involve a defendant the alleged victim knows.  Some of the most common defenses in Arizona sexual assault cases include:

• Consent - if the alleged victim actually consented to the sexual act, it is not sexual assault.  Remorse after the fact is not the same as not consenting at the time.
• Mistaken Belief of Consent - in cases where the alleged victim claims that they did not consent to sex, but did not express the lack of consent, the defendant may assert a mistaken belief of consent defense.
• Mistaken Identity - if the defendant is someone who is a stranger to the victim, there may have been a mistake leading to the arrest and prosecution of the defendant.  This can be due to poor eyewitness identification or the innocent presence of fingerprints or DNA.
• No sex took place - if there was no intercourse or oral copulation, then there was no sexual assault.  The state must prove (beyond a reasonable doubt) that one of these sexual acts happened.  In cases with delayed reporting and/or a hazy memory, this defense may be a strong one.
• False Accusation - Here, the argument would be that the alleged victim is lying - either lying about what happened or lying about their consent at the time. 

Each case is different.  Knowing which defenses apply, and which ones may be viable at trial require a keen understanding of criminal law and experience doing criminal trials.

RELATED OFFENSES

• Sexual Abuse - ARS 13-1404
• Sexual Conduct with a Minor - ARS 13-1405
• Unlawful Sexual Conduct - ARS 13-1412, ARS 13-1419
• Continuous Sexual Abuse of a Child - ARS 13-1417
• Sexual Misconduct - ARS 13-1418
• Aggravated Assault - ARS 13-1204

If you or a loved one has been arrested, charged, or is under investigation for a sexual assault or other related sex offense, you need the best possible representation.  Your attorney should not only be well versed in the law, but have experience handling sex cases at every stage.  Contact the Tucson Defenders today for a FREE CONSULTATION with an Arizona sexual assault defense lawyer.  We can discuss the details of your case, help you understand how Arizona law applies, and go through how to best defend you against this very serious accusation.  520-585-5757.

In many cases, a traffic citation is not that big of a deal.  Although we can end up having to pay a fine, accumulate points on our driver's license (which results in higher insurance rates), not dealing with a traffic ticket properly can result in a license suspension.  Having a suspended license, and then getting pulled over again is where the problems can really get tricky.  Having a suspended or revoked driver's license can feel like being stuck in quicksand, and the problems compound with repeated traffic violations.  If you or a loved one has a suspended or revoked, it is important to identify the reason or reasons your license is suspended or revoked, and work to get it reinstated as quickly as possible.  If you have also been charged with driving on a suspended or revoked license, your best chance at avoiding additional penalties and consequences will be to retain an attorney familiar with the criminal and traffic laws in Arizona.  Tucson Defenders offers free, no obligation consultations.  Call 520-585-5757 to discuss your situation and determine the best plan for getting you back on the road legally.

Your driver's license can be suspended or revoked for a number of reasons, including, but not limited to:

• Driving under the influence
• Refusing an alcohol or drug test
• Accumulating 8 or more points within a 12 month period
• Failure to pay a fine
• Failure to appear in court
• Leaving the scene of an accident
• Committing a felony using a motor vehicle
• Reckless driving
• False statements under oath to the MVD.
• Failure to pay child support
• Driving privilege is suspended in another state

There is a wide range of potential penalties for driving with a suspended or revoked license, an expired license, or without ever getting a driver's license.  If your license was suspended for failure to pay a fine or failure to appear on a traffic violation, the driving on a suspended license violation will also be treated as a civil traffic matter.  As a civil traffic matter, you face only a fine and possible points.  All other suspensions (e.g. DUI suspension) are criminal misdemeanor (first degree) violations of ARS 28-3473.  First degree misdemeanors are punishable by up to 6 months in jail and a fine of up to $2500.  Though jail time is not a common consequence for first time offenders, repeat or aggravated offenders can go to jail for driving on a suspended or revoked license.

Another common consequence of driving with a suspended license is that your vehicle can be impounded for 30 days.  Not only does this mean that you (or anyone else) can use your vehicle for that time, but you will also be responsible for towing and storage fees.  Additionally, if being arrested for DUI while driving on a suspended license, the DUI charges will be elevated to Aggravated DUI.  Those on probation for DUI or other criminal charges also risk a probation violation for picking up a new suspended license case.

Getting your license back can be a complicated process, depending on the specific reason or reasons that you have a suspended license.  One thing that is undeniable is that it is always best to deal with your suspended license issue as soon as possible - before you encounter additional obstacles.  Moreover, the process of reinstating your driving privilege may take a long time; you will have to resolve all traffic violations, and may have to take additional steps with the MVD to get your license back.  If you have received a recent traffic violations, you may have to wait to be able to get a license, but should still get started on a plan to reinstate your license as soon as possible.  If your suspension was alcohol-related, you may need to install an ignition interlock device (IID) to get a restricted license. 

Driving on a suspended or revoked license is not the crime of the century, but does come with significant consequences.  Ultimately, your goal should be to restore your driving privilege as soon as possible to avoid compounding the problem with new cases and charges.  Due to the many different ways that your license can be suspended or revoked, fixing the root problem or problems can be complicated, and having an experienced, knowledgeable Tucson Criminal Defense Lawyer on your side can make the process much easier.  Contact the Tucson Defenders for a FREE CONSULTATION to discuss your driver's license or other criminal case.  520-585-5757.

Due to Southern Arizona’s long border with Mexico, crimes involving illegal entry into the United States are among the more commonly prosecuted offenses, particularly in Federal (District) Court.  There are a number of criminal charges that people can face relating to simply crossing the border, even without breaking any other laws (e.g. drug smuggling).  Centuries ago, lines were drawn, some even cutting right through border towns like Nogales, leaving one side of the line as part of the United States, and the other as Mexico.

With increasingly difficult means of lawful immigration into the United States, many from Central America (and other parts of the world, as well), have turned to illegal means of coming to America.  People have attempted to sneak across the border in many different creative ways, some successful, some not so much.  Whether a person is concealed in a vehicle, presents false documentation at a border crossing, attempts to scale a border fence, or flies in and overstays a tourist visa, there can be serious criminal and immigration consequences for coming to the United States illegally.  In perhaps the most absurd application of this law, the federal government has charged people with felony offenses for merely providing water to travelers suffering from dehydration and exhaustion.  

Criminal defense attorneys often have to represent clients who are both legally and morally culpable.  In many of these illegal entry cases, it is hard to question the moral choices people made, often escaping horrible conditions, and seeking to reunite with family.  We are proud to seek a better outcome for people whose only crime was seeking a better life.  Immigrants have built this county, and continue to contribute much more than their fair share.  

ILLEGAL ENTRY
An alien entering the United States other than as designated by immigration officers is punishable, for a first offense, as a misdemeanor, carrying a maximum penalty of six months imprisonment or a fine.  Subsequent violations are punishable by up to two years imprisonment and fines.  This applies to people who have not been deported from the United States (more on that below).  Illegal entry can be committed in many ways, from the trunk of a car, a tunnel, to lying on a visa application.

ILLEGAL RE-ENTRY
Those who have been previously deported from US soil face the unique crime of illegal re-entry.  Illegal re-entry by those deported for their criminal history carries very lengthy prison sentences (up to 20 years in prison for person previously convicted of an aggravated felony).  A favorite charge of Federal prosecutors, illegal re-entry is a serious offense, and typically carries with it lengthy prison terms, prior to another deportation/removal from the United States.  The fact that a person was previously deported, makes the charge very easy for prosecutors to charge, and difficult to defend factually.  The accused’s mere presence in the United States after deportation is sufficient to prove the crime.  There will be government records that prove that the deportation took place, and it will be clear that the defendant must have returned unlawfully.  Defending these cases requires strong familiarity with Federal sentencing guidelines, and departures/variances therefrom.  

SMUGGLING ALIENS
While the most obvious cases of “alien smuggling” would be situations like knowingly driving a person not permitted to enter the United States in the trunk of a car, these charges come in many forms, and can apply to virtually any assistance or encouragement a person offers another.  Some examples include arranging for a “coyote” to help another person cross the border, and even helping a person after border crossing.  In these cases, the government must prove knowledge and an affirmative act in order to convict.  The potential punishment for alien smuggling is up to ten years in prison if done at a non-designated place.  Attempting to smuggle a person through a border checkpoint is much less, punishable by a prison term of only one year.  Repeat offenders face harsher punishment.
More About Alien Smuggling
More About Asset Forfeiture

MARRIAGE FRAUD AND IMMIGRATION-RELATED ENTREPRENEURSHIP FRAUD
Crimes relating to immigration can take many forms.  Entering into a marriage, or establishing a commercial enterprise in order to evade US immigration laws is a very serious crime, punishable by up to 5 years in prison, and fines up to $250,000.

If you or a loved one has been charged with a crime relating to illegal border crossing, the Federal government will be aggressive in their pursuit of what they think justice is.  They are wrong, and you need a lawyer who not only understands that, but has the persuasive capacity to help you, whether at trial or by seeking a better sentence.  At Tucson Defenders, we take great pride in keeping families together.  While we do not provide immigration services, our attorneys understand immigration law, and how a criminal case will impact our clients.  Call today for a FREE CONSULTATION with a Tucson Criminal Defense Lawyer.  520-585-5757.

RELATED ARTICLES:
Federal Criminal Defense
Importing Controlled Substances
Effect of Criminal Convictions on Immigration

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.

CONTACT A TUCSON CRIMINAL DEFENSE LAWYER TODAY FOR A FREE CONSULTATION
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.