Arizona's laws aim to protect minors at all costs, including strict criminal penalties for crimes that harm children.  Even seemingly minor offenses can become very serious if committed in the presence of a child, particularly if the activity causes the child harm or a risk of harm.  In addition to the potential criminal penalties, child endangerment and abuse has the potential to tear families apart.  Not only might a negligent or abusive parent or guardian end up in jail, but children can be removed from that parent or guardian's custody if it is deemed to be in the best interest of the child to do so. 

Parents and guardians must take their responsibilities seriously, and have the child's best interest at heart.  Unfortunately, sometimes well-meaning guardians can make mistakes, and other times abuse or neglect can be suspected where it has not in fact occurred.  Further, false accusations have become commonplace in custody battles, breakups, and divorces.

Allegations of child abuse can take many forms, most commonly physical abuse (shaking, hitting, burning), but can also be emotional abuse, sexual abuse, neglect, or abandonment.  Any non-accidental behavior that puts a child's physical and/or emotional health and development in danger is considered child abuse in Arizona.  Individuals accused of child abuse might face charges of assault, sexual assault, endangering the welfare of a child, corruption of a minor, failure to report child abuse, failure to report sexual assault, and more. 

By the time that a criminal defense attorney is getting involved in a suspected case of child abuse or neglect, there will still be very important steps guardians can take to protect themselves and their families.  If you or a loved one has been arrested, charged with a crime, or is under investigation for a crime involving suspected child abuse, endangerment, abandonment, or neglect, it is important to get an attorney to represent you right away.  If you cannot afford an attorney, the court will appoint counsel to represent you.

EXAMPLES OF CRIMINAL CHARGES RELATING TO CHILD ENDANGERMENT & ABUSE

• Severe punishments resulting in bodily injury
  
• Failure to report child abuse
  
• Insufficient supervision
  
• Leaving a child unattended in a vehicle
  
• Being under the influence of drugs or alcohol while caring for a child
  
• Committing a crime while caring for a child
  
• Driving Under the Influence with a child in the car (felony aggravated DUI)
  

Most cases involving child endangerment are charged as a Class 1 Misdemeanor, punishable by up to 6 months in jail, probation, and a fine of up to $2500.  In cases involving a substantial risk of death (no actual injury needs to occur), reckless endangerment is a Class 6 Felony, punishable by up to two years in prison.

Child abuse and endangerment cases are prosecuted aggressively, and punished harshly in Arizona.  Though the state must always prove each element of each charged crime beyond a reasonable doubt to obtain a conviction, it is notoriously difficult to get prosecutors, judges, and even juries to be sympathetic to anyone accused of committing an act that endangers or harms children.  If you have been accused of child abuse, child endangerment, or other crimes involving a risk of harm to children, contact an attorney to discuss your specific situation, including the kinds of penalties you may be facing, and begin to evaluate your possible defenses.

Contact the Tucson Defenders today for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757.

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

There are limitations on the Constitutional right to free speech, and in some cases, mere speech is punishable as a crime.  Criminal charges involving threats of death or violence against others are taken seriously by law enforcement, and punished harshly in courts of law.  It is not necessary that anyone be harmed, or even frightened, for a person to be convicted of a crime.  Threats can be communicated in a variety of ways, including verbally in person, over the phone, e-mail, text messaging, and increasingly on social media.  Conduct, with no words at all, can also constitute threatening or intimidating, from pointing to a weapon, to as little as making a fist.

If you or a loved one has been arrested, charged, or is under investigation for a threat allegation, contact the Tucson Defenders to discuss your case for free with a Tucson Criminal Defense Lawyer.  Consultations are no obligation, and can help you to better understand the law, and how it applies to your situation.

FREE CONSULTATIONS   520-585-5757

ARIZONA THREATENING AND INTIMIDATING LAW AZ Threatening Statute (ARS 13-1202)
Arizona state law punishes most criminal threats cases as Class 1 Misdemeanors.  Though not a felony, Class 1 Misdemeanor charges carry the possibility of jail time, probation, fines, and the stain of a criminal conviction.  A conviction for threatening or intimidating could have far-reaching effects in efforts to obtain employment, housing, professional licenses, in custody disputes, and more.  Threats made with the specific intent of furthering the activities of a criminal street gang are treated much more seriously, and are punishable as a Class 3 Felony (carrying a presumptive term of 3.5 years in prison, and can carry up to 8.75 years). 

Although Arizona's threatening and intimidation statute provides that threatening, when committed by a gang member, is elevated to a Class 6 Felony, the Arizona Supreme Court ruled that part of the statute to be unconstitutional.  Gang members can still be charged with felonies for threats, but prosecutors must prove that the threat was made in order to promote or further gang activity, and not solely for personal reasons.  Of course, many gang cops and prosecutors are of the opinion that all threats (or all violent crimes for that matter) serve to promote a gang's reputation for violence, and will seek the most serious charges when dealing with gang members. 

One need not be a gang member to be charged with threatening or intimidating, and no one should take these charges lightly.  Additionally, threatening and intimidation charges are often charged alongside other charges, some even more serious.  With your liberty and your record at stake, you want the best chance to avoid a conviction, or otherwise get the best result possible.

RELATED CHARGES
Domestic Violence, Assault Crimes, Weapons Offenses, Robbery, Criminal Damage, Kidnapping, Harassment, and more (ALL PRACTICE AREAS)

WHEN CAN A THREATENING CASE BE FEDERAL? (More on Federal Criminal Defense)
Arizona has some strict criminal laws, but one of the most glaring differences in possible punishment for a criminal case in Arizona state court versus federal court is when it comes to threats.  While most Arizona state cases are punishable as misdemeanors, federal threat charges can be punishable by up to 20 years in prison.  Threats can result in federal charges when made via interstate or international communications, or when made against federal officers. 

DEFENSES IN THREATENING AND INTIMIDATION CASES

• False Accusations - There was no threat made.  This can happen when a person uses a false police report to harm someone they are angry with, or dislike.  Casting doubt about an accusation requires investigation, strong cross-examination skills, and more.
• Mistaken Identity - While many crimes risk false convictions due to mistaken identity, this is especially prevalent in today's threatening cases because it may not be easy to prove who actually wrote a text message or social media post.
• Vagueness - A vague statement like "you're gonna get what's coming to you" or the like may not be enough to convict someone.  Because we have a constitutional right to free speech, laws that restrict speech must be careful not to restrict more speech than necessary to meet a compelling state interest.
• Self-Defense - Threatening physical force to defend oneself from imminent physical harm is permissible under Arizona law.  Charges may still be filed, and self-defense arguments may have to be made at trial.
• Lack of Evidence - Many threatening cases are based on uncorroborated accusations, and often have no witnesses other than the defendant and alleged victim.  Although the testimony of a single witness is legally sufficient to convict, a jury may be hesitant to do so, especially if the cross-examination of the complaining witness pokes holes in their story and credibility.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED WITH A CRIME, OR MAY BE UNDER INVESTIGATION IN CONNECTION WITH AN ACCUSATION OF THREATENING OR INTIMIDATION, CONTACT THE TUCSON DEFENDERS TODAY FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY.  520-585-5757.

Repeat DUI offenses are extremely common.  Often the result of alcoholism/addiction, or sometimes just bad luck, people charged with DUI more than once face the even greater wrath of Arizona's already strict DUI laws.  Going into court facing harsher punishment, it is all that much more important to have a highly-qualified, experienced criminal defense attorney you trust to fight for you.  If you or a loved one has been arrested or charged with driving under the influence (DUI) contact the Tucson Defenders today for a Free Consultation with a Tucson Criminal Defense Lawyer.  520-585-5757

Over the past two + decades, law enforcement and court emphasis on Driving Under the Influence has increased significantly.  From a reduced legal limit (.08), to the use of DUI checkpoints and saturation points, and of course to the harsher prosecution and increased penalties, there has never been a worse time to be a defendant in a DUI case.

While first time DUI is a big deal in and of itself, repeat offenders face much harsher potential penalties.  Other aggravating factors, such as an injury, the presence of a child in the vehicle, high blood alcohol, driving the wrong way, etc. certainly make a DUI case more serious.  Still yet, if these other factors are present during a first offense, it is easier to defend on the grounds of not having priors.  For example, if a person's first DUI happens to cause an injury to another person, that case may still be treated more leniently than for certain multiple offense DUI offenders. 

We have previously discussed Aggravated DUI here, and DUI Causing Injury here.  There can be substantial overlap.  For example, two ways in which a DUI can be an Aggravated DUI are for having a suspended license (due to DUI) at the time of the new case, and failing to install an ignition interlock device (IID) or tampering with the device.  In these cases, a person charged with aggravated DUI will also be charged with having a prior DUI offense.  Of course it is also possible to be charged with Aggravated DUI and/or an injury resulting from DUI for a first offense, but (again) the most strenuously prosecuted offenses will involve repeat offenders.

WHAT COUNTS AS A PRIOR OFFENSE
Under Arizona law, prior DUI convictions may only be alleged if they occurred within seven (7) years of the offense date (not the date of conviction in court).  DUIs older than seven (7) years may still be considered in crafting a sentence, but do not elevate a DUI charge to the category of Aggravated DUI.  Prior convictions need not have occurred in Arizona, though prior DUI convictions from other states may fall outside of the purview of a prior if the statute is sufficiently different (e.g. in several states, a first offense DUI conviction is not a misdemeanor). 

PENALTIES FOR MULTIPLE DUI OFFENSES
There are several different categories of repeat offense DUIs in Arizona.  A second-time misdemeanor DUI (one prior conviction occurring within seven (7) years) is punishable from 30 days to six (6) months in jail.  This is in contrast to first offense DUIs, where most people will avoid doing any jail time.  A second DUI, with a high BAC (over .20), if charged as a misdemeanor, is punishable by a minimum of six (6) months in jail.  A third DUI is punishable by anywhere from four (4) months to two and a half (2.5) years.  Additionally, repeat offenses can carry even greater penalties where high BAC or injuries are involved.  While jail is often the most dreaded criminal penalties, multiple offense DUI convictions come with high fines (in the thousands of dollars), license suspensions or revocations, probation, community service, mandatory installation of an ignition interlock device, classes, and more.

PROBATION VIOLATIONS WITH MULTIPLE DUI CHARGES
Getting a repeat DUI charge while on probation for the prior DUI poses additional challenges.  The next best thing to having no criminal record, is having an old criminal record.  When prior convictions are still so recent that the defendant is still on probation, they face the likely punishment of both violating the previous grant of probation, and for committing the new offense.  The burden of proof on the government is lower in probation violation hearings, so it is possible to avoid a new conviction and still be punished for violating probation.  In fact, it is typically a condition of DUI probation not to drive with any alcohol in ones system, so even a small amount of alcohol can result in a violation of DUI probation, and all of the consequences that come along with that.  Further compounding penalties in the case of multiple DUIs in a short time, is that often a driver is also subject to penalties for driving while their license is already suspended or revoked.

THE STATE MUST STILL PROVE THE NEW CHARGE
While the laws regarding DUI in Arizona give prosecutors numerous ways to prove a person is guilty of DUI, they do still have the burden of proof beyond a reasonable doubt.  Having a prior DUI conviction does enhance the penalties if convicted, but if there are proof problems or strong defenses with the new case, it is possible to avoid these penalties.  With more at stake than for a first offense, thorough investigation and case review, as well as legal skill and knowledge are that much more important.  If you or a loved one has been arrested or charged with driving under the influence (DUI) in Tucson, or elsewhere in Arizona, contact the Tucson Defenders now to speak with an Arizona criminal defense attorney about your case.

Our consultations are free, and no obligation.  We can discuss any questions or concerns you have, go over the general process, and begin to evaluate potential defenses in your repeat DUI case. 

520-585-5757

RELATED ARTICLES:  Driving Under the Influence, Drug Crimes, Aggravated DUI, DUI Drugs, DUI Causing Injury, Multiple Offense DUI

Pursuant to the Sixth Amendment to the US Constitution, criminal defendants have a right to counsel at all stages of criminal proceedings.  While litigants in all types of cases generally have a right to hire an attorney to represent them in legal proceedings, negotiations, and the like, criminal defendants are actually entitled to an attorney at government expense, if they cannot afford a lawyer.  In both state and federal cases in Arizona, criminal defendants who can demonstrate financial need ("indigent") are entitled to free legal representation, usually a public defender. 

Both the Pima County Public Defender's Office and the Federal Defender provide excellent defense services to their clients.  While it is true that many public defenders are overworked and underpaid, their offices have competitive hiring processes, excellent training programs, and dedicated attorneys and staff.  Private attorneys are not necessarily going to provide better representation, and even some of the highest priced private attorneys

CHOICE OF COUNSEL
One of the main reasons to hire an attorney when facing criminal charges is to get to choose who will represent you in regards to such an important life event.  When you search for a lawyer to represent you, you have the benefit of being able to consult with different attorneys, gauge their experience, expertise, honesty, and how comfortable you are communicating with them.  The internet has created a great way to find out the background of your prospective attorney, as well as prior clients' experiences in cases like yours.  If you do decide to hire a criminal defense attorney, make sure that they have experience handling the type of case you're dealing with, that they have excellent advocacy skills, and that they keep a manageable caseload, and can give your case the attention it requires.  A consultation with a criminal defense lawyer should not only serve to help you answer questions you have about the upcoming process, but is also the best way for you to determine whether the lawyer has the experience, knowledge, and skill you are looking for. 
ATTORNEY PROFILES

INDIVIDUAL ATTENTION
One of the primary reasons people hire a criminal defense attorney is in hopes that they will get more individual attention to their case, and that their attorney will have more time to communicate with them.  This is not always the case.  When consulting with a criminal defense lawyer, be sure to find out whether the attorney has a manageable caseload, and makes time to communicate with clients, take phone calls, return e-mails.  While many people do complain about having difficulty getting in touch with their appointed attorneys, the same can be true of private attorneys who overload themselves with clients. 

SCOPE OF REPRESENTATION
In most instances, public defenders can be appointed at an initial court appearance, not sooner.  This means that relying on appointed counsel only may deprive a person from having early intervention by a lawyer.  A person who is under investigation or being interrogated will not be assigned counsel, but may benefit greatly from the early involvement of a defense attorney.  From investigation and preservation of evidence, to making sure that clients do not make any harmful statements or volunteer evidence to be used against them, there can be many advantages to having a lawyer on your side early.  Additionally, the representation of appointed counsel may be limited only to some of the in court aspects of the representation, and will not always assist with professional licensing, driver's license, employment, and immigration issues.  When consulting with a criminal defense lawyer to handle your case, make sure that you understand exactly what is and what is not covered under your retainer agreement.

In short, hiring an attorney is not for everyone, and may be a case-by-case determination.  When deciding who to hire, be sure to find an attorney that you trust and can communicate with easily, is experienced handling the type of case you have, and will be willing and able to put in the work to fight for you to get the best result possible.  If you or a loved one has been arrested or charged with a crime in Tucson, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757.

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

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)

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

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.

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.

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.