False accusations are common in Arizona criminal cases.  For various reasons, alleged victims will come forward to report a crime that never happened, or knowingly accuse the wrong person.  After all, weaponizing the state against a person is likely to do more damage than most people are capable of doing personally.  Further, police, prosecutors, and judges are not inclined to suspect false accusations, despite the presumption of innocence that should be afforded to criminal defendants.  When a person makes a false criminal accusation, the accused is in a difficult position, and in need of thorough, aggressive criminal defense representation.  If you or a loved one has been falsely accused of a crime in Tucson, Arizona, contact the Tucson Defenders for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757.

Making a false accusation to police is a crime, and lying in court is an even bigger crime.  For these reasons, accusers who have lied are not likely to come clean and admit that they lied.  Uncovering the reasons for the false accusation, and pointing out the inconsistencies within the accusation, and between the accusation and objective evidence are vital.  In many cases, the accused telling the true story of what happened will be vital, in which case gathering evidence that corroborates that story will be very important to get the right outcome in the case.

WHY ARE FALSE ACCUSATIONS MADE?
False accusations are especially common in cases involving Domestic Violence, Sex Crimes, Assault Crimes, and the like.  In those cases, alleged victims often use the accusation to gain an advantage in divorce or child custody proceedings, to "get back" at someone for real or perceived infidelity, or to cover up their own immoral or illegal conduct.  EXAMPLE:  John and Brenda have been together for 5 years, and have a child together.  Brenda learns that John was having an affair with a neighbor, and is upset.  During an argument, Brenda throws plates at John and the police are called.  Brenda lies and tells the police that John pushed her and hit her.  Unfortunately, this is not an uncommon scenario, and is one of the most common types of false accusations.  Additionally, federal immigration law provides a visa opportunity to victims of domestic violence; this means that the law provides an incentive for people to claim that they are victims of domestic violence.  False accusations are not always made by romantic partners.  In some cases, police have been discovered to falsify their reports, and even plant evidence. 

False accusations, especially those made by law enforcement, are generally believed, and frequently result in criminal charges.  Often, false accusations are made carefully, such that they are not easily contradicted.  This can be especially true in domestic violence and sex crimes situations, where there are unlikely to be percipient witnesses who can dispel a false accusation.  Thorough investigation, careful examination of witnesses (including the accuser), and strong presentation and argument skills are all vital to uncovering false accusations.

A proper investigation into false accusations will not only serve to gather evidence contrary to an accusation, but also should seek to develop the accuser's motive to lie.  For example, an alleged rape victim makes a false accusation because they do not want to admit being unfaithful to a partner, or a parent falsely accuses the other parent of child abuse to gain leverage in child custody proceedings.  In these situations, an investigation should be conducted not only to gather facts contradicting the accusation, but also to see whether the accuser might have made statements to friends, family, or on social media that expose the lie, or at least the motive to lie. 

Today's technology offers new investigation opportunities.  Not only do individuals volunteer loads of information on public social media platforms, but the presence of audio and video recording and private electronic communication, make uncovering false accusations more likely than ever before.  In the same way that law enforcement agencies are able to use technology to their advantage in investigating suspects, a vigorous defense may take advantage of forms of evidence that were never available in the past.  This is especially important in false accusation cases.  When interviewing a potential witness about events that took place months ago, we can now put a lot of pieces together by looking at text messages, social media posts, online banking, and more.

Once evidence of a false accusation and motive to lie are gathered, that information can be used to confront the accuser.  This can be done in a number of ways, including bringing the information to the attention of the prosecutor and court, cross-examination during a preliminary hearing, or at trial.  Ultimately, the government has the burden of proof in criminal cases, and must prove their story beyond a reasonable doubt.  If the court or prosecutor are not willing to dismiss the case, the evidence of a false accusation and motive to lie are what will hopefully serve as the jury's reasonable doubt to acquit a falsely accused person.

IF YOU OR A LOVED ONE HAS BEEN THE VICTIM OF A FALSE ACCUSATION, AND HAS BEEN ARRESTED OR CHARGED WITH A CRIME IN TUCSON, ARIZONA, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE LAWYER.
520-585-5757

Shoplifting is the theft or removal of merchandise from a retail store, and is one of the most common theft crimes charged in Arizona.  Shoplifting is always a serious crime, being that it is a crime involving moral turpitude, and can prove problematic for immigration, professional licensing, employment, schooling, and more.  Like other Arizona theft crimes, shoplifting is graded primarily on the value of the property taken, as follows.  For property worth less than $1000, shoplifting is a Class 1 Misdemeanor; from $1000-$2000, a Class 6 Felony; over $2000, a Class 5 felony. 

The value of stolen items can be aggregated over different items, even if taken over different days.  Additionally, it is a Class 5 felony to use a device to facilitate shoplifting.  Having a prior shoplifting conviction will also likely make any shoplifting charge more serious.  Stealing a firearm, even if worth less than $1000, will also result in Class 6 felony charges.  Our firm offers FREE CONSULTATIONS, so if you have questions about an upcoming, pending, or past criminal case, contact us now.  520-585-5757

SOME WAYS A PERSON CAN BE CHARGED WITH SHOPLIFTING
The most classic example of shoplifting involves a person taking an item from a store and hiding it in their own bag/clothing, and leaving the store without paying, but there are plenty of other examples that will qualify as well.  Changing price stickers or tags on items to pay less is also shoplifting.  A person caught using tools to remove anti-theft sensors faces felony charges, even if they do not get caught trying to take the property out of the store.  Many shoplifting cases result from hiding items inside of, or under other items, a growing problem with self-checkout options at certain retailers.  Even hiding an item in another part of the store, but never attempting to remove the item can be charged as shoplifting in Arizona.

SHOPLIFTING CIVIL DEMAND LETTERS
Arizona law permits retailers to sue those caught shoplifting civilly, and seek hundreds of dollars in restitution ($250, plus the value of stolen goods).  These retailers, or a law firm on their behalf, will send out letters known as "civil demand letters" demanding that you pay them money, or they will sue you.  Because of the cost and time associated with filing even a small claims civil action, it is rare that these cases ever go past the demand stage.  In other words, there likely will not be a legal consequence for failing to pay a civil demand to a retailer, but doing so may help to gain favor with the court in the event there is both a civil demand letter and a criminal case.

RELATED CHARGES TO SHOPLIFTING
In cases where force or threat of force is used to take property, or to get away, a case may be charged as robbery, a Class 4 Felony, and much more serious charge.  This can elevate a misdemeanor petty theft offense to a serious felony.  Under the right circumstances, prosecutors might also seek to charge a shoplifter with burglary, another crime that is more serious.
More about THEFT CRIMES
More about ROBBERY
More about BURGLARY

SHOPLIFTING DEFENSES
Some defenses to shoplifting include:  lack of intent, accident, lack of evidence, violation of constitutional rights, false accusation, mistaken identity, consent, challenging purported value, challenging past convictions, and more.  Each case is different, and determining the best defenses and defense strategy will be unique to every set of facts, and every defendant. 

In some cases, it may be possible to have shoplifting charges dismissed or reduced, or at least a reduced penalty in exchange for your plea.  Some cases may have to proceed to trial, where the government will have the burden of proving your guilt beyond a reasonable doubt.  There may be available diversion programs for first time offenders to avoid a harmful conviction and keep their records clean.  In the event of a conviction, it will also be possible to "set aside" the conviction upon successful completion of a sentence or probation.

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

Driving Under the Influence is generally treated very seriously in Arizona, but there are certain aggravating factors that elevate a DUI charge to a felony, making it much more serious.  Aggravated DUI can be charged in a number of different scenarios, including being arrested for DUI: (1) while your driving privilege is suspended or revoked due to a prior DUI arrest, (2) for a third (or more) DUI offense within a 7 year period, (3) with a child under 15 in the car, (4) while failing to install a court ordered ignition interlock device, or tampering with/circumventing the device, or (5) while driving the wrong way on a highway.

It is important to note that an aggravated DUI can be charged even for a person's first DUI offense.  A person's subjective determination that they are sober enough to drive can be wrong in the eyes of the law, and result in very serious charges.  Additionally, certain prescription medications, while taken lawfully, can result in DUI and aggravated DUI charges.  For these reasons, otherwise faithfully law-abiding people find themselves arrested for DUI, even aggravated DUI.  If you or a loved one has been arrested for DUI or Aggravated DUI in Tucson, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson DUI Lawyer   520-585-5757.

The penalties for Aggravated DUI, a Class 4 Felony, are severe.  First time Aggravated DUI offenders face between 4 months and 3.75 years in Prison, while second time Aggravated DUI offenders face from 2.25 years to 7.5 years in prison; third time Aggravated DUI offenders face between 6 and 15 years.  In addition to incarceration, all felony offenses come with serious consequences, including loss of firearm rights, voting rights, most professional licenses, many employment/housing opportunities, and more.  Additionally, Aggravated DUI comes with high fines, driver's license suspensions (at least three years following release from prison), and installation of an ignition interlock device on your vehicle.

LEARN ABOUT CHALLENGING UNLAWFUL STOPS AND SEARCHES

DUI defense is technical, and requires a thorough understanding of Arizona's DUI laws, our constitutional protections to be free from unreasonable searches and seizures, the science behind DUI testing/field sobriety tests, and superb trial skills.  Prosecutors in Pima County aggressively prosecute Aggravated DUI cases, and defendants face a difficult road.  Having an attorney on your side who will zealously fight for you to get the best possible outcome is essential.  No attorney can guarantee you a particular outcome, but you should hire an attorney whose skills and experience you have confidence in, and whose advice and counsel you trust.  Contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson DUI Lawyer.   520-585-5757.

READ MORE ABOUT GENERAL DUI LAWS AND DEFENSES
READ MORE ABOUT DRUG DUI LAWS

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 DRIVING UNDER THE INFLUENCE, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON DUI LAWYER AND CRIMINAL DEFENSE ATTORNEY   520-585-5757.

TUCSON CRIMINAL DEFENSE ATTORNEY

Generally, Arizona has relatively lax gun laws, with state laws that favor the Second Amendment.  Arizona law even limits the federal government's right to regulate firearms manufactured in Arizona, makes it illegal to electronically track firearms, and does not require permitting for possession or carrying (more here on Arizona Weapons Offenses).  That said, a major exception to this is possession of a firearm by a convicted felon, or other prohibited person (including those convicted of certain misdemeanors, and adjudicated juvenile delinquents).  Additionally, the federal government has concurrent jurisdiction to prosecute many types of offenses, and felon in possession of a firearm is one of the most common federal criminal charges. (In 2012, 5,768 offenders were convicted of violating 18 U.S.C. § 922(g)). 

ARIZONA FELON IN POSSESSION OF A FIREARM LAWS
Possessing or owning a firearm as a felon in Arizona is a Class 4 felony, punishable by up to three years in prison.  Because most people charged with being a felon in possession of a firearm have a prior felony conviction, the punishment can be even greater.  The law does not only apply to felons, and a person can be a "prohibited possessor" for many reasons including: a person found to be a danger to self or others, a person convicted of a felony (in Arizona or elsewhere), a person convicted of a domestic violence offense (even a misdemeanor), someone on probation or parole, undocumented aliens, and persons found incompetent or guilty except insane.  Possession can be actual or constructive, and legal possession can be broader than what we colloquially consider possession.  Arizona offers many convicted felons an opportunity to restore their firearm rights, but unless this action is taken, a person convicted of a felony is prohibited from owning a firearm, and will face new felony charges if caught with a gun or other deadly weapon.

ARIZONA RESTORATION OF FIREARM RIGHTS
For most felonies, a person is eligible to restore their firearm rights two years after completing probation or parole.  For certain serious offenses, the waiting period is ten years, instead of two.  These offenses include:  Murder, Manslaughter, Aggravated Assault, Sexual Assault, Arson, Robbery, Burglary, Kidnapping and Crimes Against Children.  In order to restore firearm rights, you need to either file a petition or have the felony conviction set aside. 

FEDERAL FELON IN POSSESSION OF A FIREARM LAWS (Federal Crimes Information)
Federal law prohibits any person who has been convicted of a felony from purchasing or possessing a firearm.  Federal law further prohibits firearm possession by drug users or addicts, aliens, persons subject to a domestic violence restraining order, those with prior convictions for domestic assault, fugitives, and those dishonorably discharged from the military.  In Arizona, the gun must have traveled across state lines at some point in order for federal law to apply.  Federal penalties are almost always more severe than state penalties, even in Arizona, a state that is notoriously tough on crime.  While the federal government typically prosecutes more major offenses when it comes to drug crimes, it is very common for the federal government to prosecute simple felon in possession of a firearm cases.  Often, the Federal government elects to file in cases where the offender has a very high offense level, resulting in very harsh penalties.  The average sentence for 922(g) offenders was 75 months.  Facing federal criminal charges, especially involving a firearm, is very serious.  If you or a loved one is facing federal charges for being a felon in possession of a firearm, contact the Tucson Defenders for a FREE CONSULTATION.  520-585-5757.

TOP DEFENSES IN FELON IN POSSESSION CASES
Unlawful Search, Lack of Knowledge, No Firearm Possessed by Defendant, Defendant is NOT Prohibited From Possessing a Firearm, Firearm Rights Have Been Restored, False Accusations, Not a Firearm or Deadly Weapon, the Firearm Did NOT Cross State Lines (Defense in Federal Cases Only), and more.  Determining the best defenses in your particular case is best done during a FREE CONSULTATION.  Contact the Tucson Defenders now to discuss your case and find out how we can help you fight these charges.

RELATED CHARGES
Charges related to being a felon in possession of a firearm include:  Possession of a Firearm by an Adjudicated Delinquent, Possession of Ammunition by a Felon, Selling or Transferring a Weapon to a Prohibited Possessor, Using or Possessing a Firearm or Deadly Weapon During the Commission of a Felony, Trafficking Weapons to Gangs, and more.

Additionally, a Felon in Possession charge is often one of several charges a person faces.  For example, if someone with a prior felony conviction commits and armed robbery, the armed robbery charges will be accompanied by felon in possession charges.  Similarly, if a firearm is located during a convicted felon's parole search, and that search also yields drugs or other contraband, there are likely to be multiple felony charges.

LEARN ABOUT CHALLENGING UNLAWFUL STOPS AND SEARCHES

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

For many non-citizens, the most important aspect of a criminal case is how it will affect a visa, green card, or ability to lawfully enter or remain in the United States.  Many non-citizens in Arizona have lived here the majority of their lives, and have built their personal, family, and professional lives here.  It is an unfortunate and devastating reality that even a minor conviction can result in removal, deportation, denial of re-entry, denial of naturalization, and other negative immigration consequences.  The effect a conviction will have depends on many factors, including the severity of the offense, the type of offense, the status of the defendant, and prior criminal history, if any.  For non-citizens facing criminal charges, having an attorney who understands how certain convictions can impact immigration status is essential.  To discuss your criminal case, including how you might avoid negative immigration consequences, contact the Tucson Defenders now for a free consultation 520-585-5757.

Certain convictions can be grounds for deportation, while other convictions may prevent certain types of relief (e.g. DACA recipients can lose their protection with a DUI).  Because each person's status is different, and there are many different kinds of charges in Arizona state and federal courts, analyzing the potential effects of a criminal case on a person's immigration status can be complicated.  Generally speaking, permanent residents (often called "green card holder" or "LPR" short for "lawful permanent resident") will have the greatest protections among non-citizens.  For permanent residents, minor convictions are less likely to result in negative immigration consequences than for individuals on visas, or in the country illegally. 

Some people in the country illegally, who were brought to the United States as children are protected by the Deferred Action for Childhood Arrivals ("DACA") immigration policy.  The proposed DREAM Act would expand DACA, and create a path to citizenship.  Criminal convictions, even minor ones, can result in a person being ineligible for DACA protections.  Visas also exist for victims of certain crimes, and asylum-seekers, students and others.  A person who is in the US illegally, and wishes to remain should consult with an immigration lawyer about their options.  If such person is facing criminal charges, it is also imperative to have a knowledgeable, experienced criminal defense attorney on your side.

For the most part, the more serious a crime, the more likely it is to carry immigration consequences, but there is a lot of nuance to this analysis.  Unfortunately, it is rarely as simple as determining whether a crime is a misdemeanor or felony, or even as simple as offense grading.  The immigration courts apply federal law, and use several different categories of crimes to determine whether a person is deportable, and whether eligible for relief.  The most serious category of crime is aggravated felonies.  Those convicted of an aggravated felony (even permanent residents) will face the greatest risk of removal.  Additional categories include:  crimes of violence/domestic violence, crimes involving moral turpitude, controlled substances, and sex crimes.

America is a nation of immigrants, and many immigrants have made America their home.  In Southern Arizona, there are many non-citizens who have built lives here and have been in the United States longer than they were ever in their country of birth.  If you or a loved one is facing criminal charges, especially if you have immigration concerns, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757.

The category of sex crimes covers a wide range of conduct that is usually sexually motivated, and may or may not involve sexual contact with another person.  Because the conduct that falls into sex crimes can vary drastically, so can the potential punishment.  All sex crimes are serious, and many sex crimes convictions result in lifetime sex offender registration, prison, and more.  Sex crimes are aggressively prosecuted in both state and federal court, and are treated differently than other cases in many ways.  In addition to having substantial resources dedicated to their investigation, enforcement, and prosecution, sex crimes have unique evidence rules that permit introducing evidence of the defendant's past conduct, as well as shielding the the alleged victim from information about their character coming into evidence.  When facing sex crime charges, it is important to have an attorney who is dedicated, experienced, knowledgeable, and an accomplished trial lawyer.  Contact the Tucson Defenders now for a FREE CONSULTATION with a criminal defense lawyer.  520-585-5757

ARIZONA SEXUAL ASSAULT LAW
In Arizona, it is a Class 2 felony to engage in intercourse or oral sexual contact with another person without their consent.  As a first offense, sexual assault is punishable by up to 14 years in prison.  Sexual assault involving a minor under 15 is subject to sentencing as a dangerous crime against children.  Other aggravating sentencing factors include: prior sexual assault conviction(s), use of "date rape" drugs, intentional infliction of serious physical injury.  Some defenses to sexual assault include consent, false accusations, mistaken identity, lack of corroborating evidence, tainted evidence, no intercourse/oral sexual contact occurred, and more.

ARIZONA SEXUAL ABUSE LAW
Sexual abuse involves engaging in sexual contact (broader conduct than sexual assault) with another person without his or her consent.  If the alleged victim is 15 years old or older, sexual abuse is a Class 5 Felony, and a elevated to a Class 3 felony if the alleged victim is under 15.  Though less severe than sexual assault, sexual abuse also carries serious penalties, with lengthy prison sentences, and possible sex offender registry.  Some defenses include consent (if the alleged victim is 18 or older), false accusations, no sexual contact occurred, mistaken identity, and more.

ARIZONA MOLESTATION OF A CHILD LAW
Sex crimes are punished harshly, especially sex crimes involving children.  Under Arizona law, a person is guilty of child molestation if he or she intentionally or knowingly engages in sexual contact (except with the female breast) with a person under the age of 15.  Child molestation defense can be especially difficult because of the societal condemnation of the allegation.  In other words, the practical application of constitutional rights like the presumption of innocence and right to a trial by jury are not as effective at protecting the falsely accused.  Molestation of a child is a Class 2 Felony in Arizona, and a person convicted of this charge faces 10, 17, 0r 24 years in prison.  False accusations are the most common cause of mistaken charges under this section, and are unfortunately common in the context of divorce proceedings and child custody disputes.  In some cases, children may be coached by a parent or other adult, and in others, a child may be acting out in response to other trauma, or sexual abuse by a different person.

OTHER ARIZONA SEX CRIMES OFFENSES
Some other Arizona sex crimes include: Statutory Rape, Sex Trafficking, Public Sexual Indecency, Unlawful Sexual Conduct, Sexual Conduct with a Minor, Adultery, Bestiality, Continuous Sexual Abuse of a Child, Violent Sexual Assault, Voyeurism, Unlawful Disclosure of Images Depicting Nudity/Sexual Activities, Sexual Extortion, Child Sex Trafficking, Production/Publication/Sale/Possession/Presentation of Obscene Items, Furnishing Harmful Items to Minors, Public Display of Explicit Sexual Materials, Obscene or Indecent Telephone Communications to Minors, Sexual Exploitation of a Minor, Luring a Minor for Sexual Exploitation, Portraying Adult as Minor, Admitting Minors to Public Displays of Sexual Conduct, and more.

FEDERAL AGGRAVATED SEXUAL ABUSE LAW
Certain serious sex offenses are prosecuted in federal court, and carry very long mandatory minimum sentences (see link below).  Engaging in a sexual act with another person by force, by administration of an intoxicant (such as "date rape" drugs), or with a child on Federal lands or federal government property is a very serious crime, punishable by life imprisonment, and can even result in imposition of capital punishment (death penalty).  Even with Arizona's very strict sex crimes and child sex crimes laws, the penalties for federal sex crimes are even more severe.  While most federal offenses have a wide sentencing range, and take into account the defendant's criminal history, aggravated sexual abuse imposes extremely harsh punishments even for first offenders.  There are many defenses to these charges including consent, false accusations, lack of evidence, mistaken identity and more.

FEDERAL HUMAN TRAFFICKING LAWS
Sex trafficking is the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purposes of a commercial sex act, induced by force, fraud, or coercion, or of a person under 18 years of age.  Federal sex trafficking is punishable by 15 years to life in prison.  Any person who obstructs or interferes with the enforcement of this law is also subject to up to 25 years in prison.  In cases involving minors, the government is not required to prove that the defendant actually knew of the alleged victim's age.  Sex trafficking has become a major enforcement priority for federal agencies, and involve sophisticated investigations, including the use of wiretaps, confidential informants, undercover agents, and more.

SEXUAL CRIMES THAT CROSS STATE LINES (FEDERAL)
When a sex crime involves more than one state, the federal government is more likely to bring charges.  This can involve everything from sending or transporting child pornography across state lines, to bringing a person (including a minor) across state lines for sexual assault, sexual abuse, or sex trafficking.  Although Arizona has some of the nation's toughest laws for sex offenses, federal charges are almost always punished even more severely.  For federal sex crimes charges in Arizona or California, contact the Tucson Defenders to discuss your case, possible defenses, and to see how we can help protect your rights and liberty.

OTHER FEDERAL SEX CRIMES
Additional Federal sex crimes include:  Federal Child Sexual Assault and Rape, Exploitation of a Child in a Sexual Manner, Sexual Abuse of a Minor or Ward, Purchase or Sale of a Child for Sexual Purposes, Possession or Distribution of Child Pornography, Sexual Abuse Causing Death, Sexual Crimes Occurring on Federal Land, and more.

If you or a loved one is facing state or federal sex crimes, child sex crimes, or child pornography charges in Tucson or anywhere in Arizona, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney   520-585-5757

RELATED ARTICLES:
Federal Criminal Defense Lawyer - Tucson
Tucson Prostitution/Solicitation Lawyer
Tucson Child Sex Crimes Lawyer
Arizona Assault Crimes Attorney - Tucson

The Fourth Amendment to the US Constitution protects us from unreasonable searches and seizures by the government.  One of the primary mechanisms of ensuring this right is the warrant requirement.  Searches and arrests made without a warrant are presumed invalid.  This means that in order to justify a search or arrest, the burden is on the government to show that the intrusion into a person's liberty and privacy was permissible by law, i.e. that if the officers did not have a warrant, they must show that their action falls within one of the (many) exceptions to the warrant requirement. 

But first, what exactly is a warrant?  A warrant is a court order, signed by a judge, authorizing the police to make an arrest or search a designated place (can be a car, home, business, garage, bank account, electronic record, or even a person's blood or DNA).  When a law enforcement officer seeks a warrant from a judge, they must swear under oath to certain facts that they believe gives them probable cause to search or arrest.  The judge will then review the evidence, as well as the officer's request, and either sign the warrant (authorizing the requested search or arrest), or denying it.  Sometimes, a judge will limit the scope of a warrant, or require the officer to first find more evidence first.  For example, if a suspect has been accused of using a large rifle in a crime, a judge may permit a search into that suspect's vehicle, but not grant a warrant allowing the officers to search purses and backpacks inside the vehicle, because those containers will not fit the contraband sought. 

ARREST WARRANTS
Most arrests are made without a warrant.  This is because there are many exceptions to the warrant requirement for an arrest.  Still, arresting a person in their home in a non-emergency situation will require an arrest warrant.  For a felony or domestic violence offense, officers may make an arrest if the information available to them gives them probable cause that the suspect has committed the offense.  For most misdemeanors, the police officer can only make an arrest if they see the crime take place, as part of a lawful citizen's arrest, or with a warrant.  Domestic violence cases in Arizona are handled differently, as Arizona law specifically authorizes officers to make domestic violence arrests in misdemeanor cases without witnessing the crime themselves (as the nature of domestic violence crimes is often inherently private).  An arrest warrant must be issued by a neutral judge or magistrate, who must determine based on sworn statements that there is probable cause to arrest.  The warrant must specifically state the person to be arrested, and the affidavit must not contain any known or reckless falsehoods.

SEARCH WARRANTS
In the same way that arrest warrants require police to get the approval of a judge to make an arrest, search warrants are required as a general rule.  Also like arrest warrants, this rule comes with exceptions.  To search a home, police officers will need to show a neutral judge or magistrate the evidence they believe justifies the search they wish to conduct, and swear under oath.  The judge will then review the evidence submitted and determine whether probable cause exists to grant the warrant.  A search warrant must specifically state the place or places to be searched, and the items to be searched for.  If police find other contraband while executing a lawfully granted search warrant, that evidence can be used in court against the possessor.  Judges can also restrict how and when a search warrant may be executed, specifically whether searches may be conducted at night, and whether the police must knock and announce prior to their entry onto the premises to be searched.  Recognized exceptions to the search warrant requirement include:  Consent, Automobile Searches (Requires Probable Cause), Exigent Circumstances, Hot Pursuit of a Known Felon, Imminent Destruction of Evidence, Plain View, and Search Incident to a Lawful Arrest.

CHALLENGING A WARRANT-LESS SEARCH OR SEIZURE
Challenging a warrant-less search or seizure is done by a motion to suppress evidence.  If the police search or arrest someone without consent, probable cause, or without fitting into a recognized exception to the warrant requirement, it may be possible to suppress the evidence found as a result of that search or seizure.  Motions to suppress evidence can be filed to challenge a bad traffic stop, unjustified stop and frisk, search unsupported by consent or probable cause, search incident to an unlawful arrest, and more.  If granted, a motion to suppress evidence will deny the government the ability to use some or all of the evidence they have against a defendant, often resulting in dismissal of the charges.  A motion to suppress evidence can be filed in Arizona state court or in Federal Court.  Because a warrant-less search is presumed invalid, the government must show that the action was lawful in order to oppose the motion.  This can be a very powerful tool for defendants, especially in drug trafficking cases, and requires a criminal defense attorney who is experienced and well-versed in constitutional law and motions.

CHALLENGING A WARRANT
When a warrant has been issued, a constitutional challenge may be more difficult, but is still possible.  First, both a search warrant and an arrest warrant require that the police officer's affidavit does not contain any known or reckless falsehoods.  Police will sometimes lie and use known false or unreliable information to obtain a warrant.  In these cases, there may be proof from other reports or testimony that the officer knew information in the sworn affidavit was false, misleading, or unreliable.  A warrant may also be challenged for vagueness, or for how it is executed.  A search warrant, for example, that authorizes only the search of a person's home, may not justify officers searching a mobile home in the driveway.  The most difficult warrant challenges to win are challenges to whether the warrant should have been granted by the judge based on the information presented by the police officer, but these kinds of challenges are not uncommon.

BENCH WARRANTS
One of the most common kinds of warrants is a Bench Warrant.  This is a warrant issued by a judge for a defendant's failure to appear in court.  When a judge issues a bench warrant, the defendant must then re-appear ("walk in") in the bench warrant to have it recalled, or can post bail.  Having a bench warrant for missing court is common, but not taken lightly by judges.  Only being hospitalized, incarcerated elsewhere, or on active military deployment will justify a failure to appear, but other reasonable excuses might persuade a judge to give you another chance.

LEARN ABOUT CHALLENGING UNLAWFUL STOPS AND SEARCHES

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

Getting a fake ID is very common among young people across the United States, and certainly in Tucson, Arizona as well.  In Arizona, as in the rest of the United States, it is prohibited for people under the age of 21 to possess or consume alcohol (more on that here).  Underage drinking laws are enforced, but have likely done very little to stop underage drinking.  People under the age of 21 drink alcohol; the overwhelming majority of them do.  There is even an argument that this unrealistic drinking age actually encourages unsafe drinking habits, such as heavy binge drinking, before going out. 

The home of a major university and affordable urban living for young people, Tucson has many fake ID cases each year.   Young people in Tucson are carded when trying to buy alcohol, whether at a bar, restaurant, liquor store, or supermarket.  Further, it is against the law for adults to buy alcohol for minors, and for minors to be in many bars and clubs.  The confluence of these factors creates a major market for documentation that falsely permits a person to buy alcohol and go out. 

Despite the widespread use of fake IDs, using false identification for any purpose is against the law.  Possessing a fake ID can give rise to several different criminal charges.  The best case scenario when a store clerk, bouncer, or bartender discovers your fake ID is that they simply turn you away, or confiscate the ID.  Other times, the police will be called, or might even already be there conducting fake ID enforcement.  In Arizona, it is a Class 1 Misdemeanor to use a fake ID to attempt to purchase alcohol, or gain entrance to a place where alcohol is sold.  Technically, these crimes are punishable by up to 180 days in jail, three years of probation, and fines costing in the thousands.  Though a jail sentence would be extremely unlikely, especially for a first time offender, the consequences of a criminal conviction can still be serious.

In addition to any penalty imposed by the court, the Arizona Department of Transportation will suspend your driving privilege for six months upon a conviction for a fake ID.  For many young people, the more severe consequences will come up when applying for school, jobs, scholarships, internships, state licenses, and more.  IF YOU OR A CHILD IS FACING MISDEMEANOR CHARGES RELATING TO UNDERAGE DRINKING, OR HAVING A FAKE ID, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE LAWYER 520-585-5757

Many people charged with misdemeanors, particularly those involving underage drinking, will be eligible for diversion.  By participating in a diversion program, you can keep your record clean by staying out of trouble for a specified period of time, and completing some affirmative obligations like alcohol education classes, and possibly even community service.  If you are not eligible for diversion, there may still be defenses and strategies that can help you avoid a conviction, especially if the ID in question was found during a police search; contraband found as the result of an unlawful police search can be excluded by moving to suppress evidence.  Talk to your lawyer about how to present your best defense, and cooperate by gathering transcripts, character letters, and other documented evidence of achievement that can help gain favor with the court or prosecution.

Although the most common type of fake ID case involves fake IDs possessed by young people seeking to go to bars or buy alcohol, there are other types of fake ID cases that can be much more serious.  Possessing a fake ID to conceal citizenship status, making/manufacturing fake IDs, using a fake ID for fraud (e.g. to cash a check), etc. can be serious crimes, and result in felony charges.  With more serious charges, jail and prison time are presumed in Arizona, and it can be much more important to have a great defense.  You need a criminal defense attorney who is experienced, knowledgeable, trustworthy, and cares about getting you the best possible result. 

Fake ID charges often come in conjunction with Minor in Possession/Minor in Consumption charges.  More serious Fake ID-related charges can be charged as Forgery/Counterfeiting.

In Arizona, like the rest of the United States, it is generally against the law for anyone under the age of 21 to possess or drink alcoholic beverages.  In Tucson, Minor in Possession ("MIP") citations are very common, especially with college and high school students.  University of Arizona Police Department, Tucson Police Department, Pima County Sheriff's Department, Marana Police Department, and other local law enforcement agencies write many MIP citations every year.  If you have been arrested or cited as being a minor in possession, contact the Tucson Defenders for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757

WHAT CONSTITUTES POSSESSION?
Many people find it surprising just how broadly the word "possession" is interpreted in court.  Actual possession, where a person knowingly has direct physical control over a beverage is the most straightforward, but Arizona law also recognizes other types of possession.  Constructive possession, on the other hand, is much broader, and can cover alcohol that is in a house, bar, car, dorm room, etc., and can even be possessed by another person!  Constructive possession may be more difficult for the prosecution to prove, and therefore might be more likely to result in a dismissal of MIP charges.  Whether you actually or constructively had possession of alcohol can be central to your defense; if you think that there might be an argument that you did not possess alcohol under the legal definition, discuss this with your defense attorney.

MINOR IN CONSUMPTION
Similar to minor in possession charges, Arizona law prohibits consumption of alcoholic beverages by people under 21.  Under Arizona Law, Minor in Consumption ("MIC") is a Class Two Misdemeanor, so slightly less serious that MIP, in that the maximum jail sentence is 120 days.  Like with MIP, jail sentences are very unlikely, and the most serious part of an MIC conviction is the conviction itself, and having a misdemeanor conviction on your record.  Intoxication is not required to be convicted of MIC; in fact, just a single sip of alcohol can be enough to break the law.

PENALTIES FOR MIP/MIC
Being a minor in possession of alcohol is not the crime of the century.  While the maximum penalties for being a minor in possession of alcohol under Arizona law appear harsh, a jail sentence is very unlikely, especially for a first time offender.  Still, MIP is designated as a Class One Misdemeanor pursuant to Arizona Revised Statutes 4-246(B).  The maximum penalties for a Class One Misdemeanor are 180 days in jail (extremely unlikely), up to 3 years of probation, and thousands of dollars in fines and court costs.  Probation, fines, alcohol classes, and community service are more common in an MIP sentence.  The most damaging part of an MIP conviction is the conviction itself, as those convicted of a misdemeanor in Arizona cannot truly "expunge" their convictions as in some other jurisdictions.  Discuss your specific facts and any prior dealings with the law with your defense lawyer for a better idea of what kinds of penalties you might face with an MIP conviction.

OTHER CONSEQUENCES
A criminal conviction can carry consequences beyond jail, fines, and probation.  For students, having to explain any criminal conviction to your school, to prospective employers, and on applications for college, graduate, or professional school can be problematic.  An MIP conviction can impact scholarships/financial aid, employment, extra-curricular activities, campus housing, and more.  For non-citizens, alcohol related convictions can result in negative immigration consequences, even with minor offenses.  For professions requiring a professional license, alcohol-related convictions can raise issues (e.g. nursing student may encounter delays in licensing upon graduation).  Additionally, the court may suspend the driving privilege of a minor (under 18) for up to 6 months.  Because every case is different, be sure to discuss your concerns about collateral consequences with your defense lawyer. 

DIVERSION
Many first time offenders will be eligible to complete a diversion program, and avoid a criminal conviction by participating in some alcohol education and a probationary period.  If permitted to enter into a diversion program, participants will earn a dismissal of their criminal charge in exchange for staying out of any new trouble for a specified period of time, completing alcohol education classes, and possibly having to do some community service.  Our firm helps eligible clients who are interested in diversion get into a diversion program, complete the program, and gain the benefits of participating in diversion (namely dismissal).  For clients who fail to successfully complete the terms of diversion, we can help to try to get another chance at diversion, or look to other ways to still get a good outcome.

JUVENILE CASES
For minors under 18, cases are handled by the juvenile justice system, and instead of being heard in adult court, are heard at the Pima County Juvenile Court Center. 

DEFENSES TO MINOR IN POSSESSION/CONSUMPTION CHARGES
Unlawful search/seizure, fitting within the statutory exceptions (medical or religious use), lack of evidence (e.g. smell alone is not enough), alcohol possessed solely by another, mere presence, lack of knowledge of possession (lack of criminal intent), corpus delicti.  There are many defenses that might apply to any criminal offense, and only a detailed review of your case by an experienced attorney can truly determine your best defenses.  If you think you might have a defense, be sure to discuss this with your defense lawyer.  Parental consent is not a defense.

It is fairly common for MIP/MIC charges to be in conjunction with fake ID charges.

IF YOU OR YOUR CHILD HAVE BEEN ARRESTED OR CITED FOR BEING A MINOR IN POSSESSION OF ALCOHOL, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY   520-585-5757

Robbery is the taking of the personal property of another, from their personal presence, by force or threat of force.  It is this force/threat element that makes robbery more serious than other theft crimes.  When that force involves a weapon, an injury, or other aggravating factor, the crime is treated even more seriously by the police, prosecution, and courts.

Certain types of robbery, in particular bank robbery and armored truck robbery are likely to result in Federal robbery charges.  Arizona law also harshly punishes robbery, aggravated robbery, and armed robbery.  If you or a loved one is facing robbery charges in Tucson, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney   520-585-5757

Robbery is a commonly misused word, often used interchangeably with burglary and to describe other thefts, done without force or threat of force.  For example, a person who says "my house was robbed while I was away" is most likely talking about a burglary, not a robbery.  While Robbery is a taking by means of force or threat (related to Assault Crimes), burglary is the unlawful entry onto property with the requisite criminal intent.  Both are very serious crimes, but robbery is the most likely to involve and incite violence, and cause injuries, and is therefore punished very harshly in both state and federal court.  The most important thing to keep in mind about robbery, is that there must be force or threat of force to convict for this charge.

FEDERAL ROBBERY CHARGES (More on Federal Criminal Defense)
Federal law robbery charges most often involve banks and armored trucks, but can also be brought for robberies committed in other institutions.  Bank robberies are much more common than most people imagine, with roughly 4200 bank robberies occurring per year in the United States; that's more than 10 per day across the country.  For every bank robbery, there are approximately 50 other robberies, meaning that bank robberies are relatively uncommon.  When bank robberies do occur, there is a strong likelihood of dangerous shoot outs, and high-speed chases.  Robbery is harshly punished, carrying a base offense level of 20 under the Federal Sentencing Guidelines.  Robberies involving theft from financial institutions, threats of death, use of a weapon, and other factors can further aggravate the punishment imposed in robbery cases.  For all federal crimes, the defendant's criminal history will also play a major role in determining sentencing guidelines.  IF YOU OR A LOVED ONE IS FACING FEDERAL ROBBERY CHARGES IN ARIZONA, CONTACT THE TUCSON DEFENDERS FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY. 

ARIZONA ROBBERY CHARGES
Under Arizona law, a robbery is committed where, in the course of taking the personal property of another from their personal presence, by the use or threat of force intended to induce surrender of property, or prevent resistance to the taking.  The force or threat can be at any time during the commission of the robbery, including while trying to get away.  Robbery is a Class 4 felony, punishable by up to 3.75 years in prison for a first offense without a weapon or other aggravating factors.

AGGRAVATED ROBBERY CHARGES
Arizona law defines aggravated robbery as robbery committed with the aid of one or more accomplices.  The accomplice(s) must actually be present at the scene of the robbery to constitute aggravated robbery.  Aggravated robbery is a Class 3 felony, punishable by up to 8.75 years in prison for a first offense not involving a weapon.

ARMED ROBBERY CHARGES
Robberies committed while armed with a deadly weapon, or simulated deadly weapon is armed robbery, and is the most serious of Arizona robbery charges.  Armed robbery charges can be filed if any accomplice was armed, or threatened the use of a deadly weapon or simulated deadly weapon.  Armed robbery is a Class 3 felony, punishable by up to 21 years in prison for a first offense.  Penalties can be substantially enhanced for those with prior robbery or dangerous felony convictions.

COMMON ROBBERY DEFENSES
Common defenses in robbery cases include:  mistaken identity, false accusations, alibi, lack of force, lack of intent, not the property of another (taking back own property), mistake of fact, insanity, duress, and lack of evidence.  Evaluating and asserting defenses is case-specific, and requires extensive experience and knowledge in high stakes cases.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED WITH A CRIME, OR IS UNDER INVESTIGATION FOR A ROBBERY CRIME IN ARIZONA, CONTACT THE TUCSON DEFENDERS NOW A FREE CONSULTATION   520-585-5757

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