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Arizona Rules on Immigrant Smuggling Law

Immigrant smuggling is a federal offense that usually comes with serious consequences. If you or your loved one are facing charges of illegal immigrant smuggling, you need an excellent Criminal defense lawyer Phoenix with knowledge of the immigration laws of the U.S and experience in federal court to protect and defend your right.

Why You Need a Criminal Defense Lawyer

According to federal law of the U.S, it is a criminal offense to aid the illegal entry of a foreigner (alien) into the country. This can happen in various ways, such as: transporting the immigrants into the country or transporting them within different states in the country. Also, accommodating or concealing an immigrant without regard to the fact that they entered the U.S illegally, encouraging the immigrants to enter and live in the U.S, or hiring an illegal immigrant knowingly as an employee is considered a crime.
Typically, a large percent of the people who have been charged with this crime are “coyotes” hired by the immigrants to help them get through the border. Although not common, some people who give humanitarian aid to these illegal immigrants can also be charged with this crime.

What Are The Consequences of Smuggling

Depending on the circumstances surrounding the crime, there are different penalties involved in immigrant smuggling. The penalties may include fines, imprisonment, and deportation (in cases where the accused is not a citizen).

Imprisonment penalties

  • Bringing or attempting to bring an alien into the U.S. – 10 years in prison
  • Transporting or accommodating an illegal immigrant for commercial purposes – 10 years in prison
  • Transporting or accommodating an illegal immigrant without expecting profit – 5 years in prison
  • Immigrant smuggling that leads to the risk of death or bodily injury – 20 years in prison
  • Immigrant smuggling that leads to the death of a citizen – life imprisonment

The actual sentence can be below what is listed here, depending on several factors set in the sentencing guidelines. Common factors that affect the sentence include if the illegal immigrants were put at risk while smuggling them if the illegal immigrant was threatened before smuggling, the number of immigrants smuggled, smuggling a child unaccompanied by a guardian, prior conviction of the defendant for offenses of illegal immigrants smuggling, harboring an illegal immigrant for prostitution, possessing or discharging of firearms.
When an illegal immigrant is brought into the U.S for commercial gain (monetary gain), there is a mandatory minimum sentence of 3 years. However, such a mandatory sentence does not apply when an illegal immigrant is harbored or transported within the U.S, even when it is done for profit.
An immigrant who attempts to return or returns to the United States illegally after being deported is usually charged with cases of illegal reentry. The sentencing for illegal reentry depends largely on the criminal history of the defendant.

  • If the defendant was deported after being convicted for drug-related felonies or crimes against another person — 10 years
  • If the defendant was deported after being convicted for aggravated felonies — 20 years
  • If the defendant was deported following an early release from imprisonment — 10 years
  • If the defendant was deported for being involved in terrorist activities — 10 years
  • If none of the following applies– 2 years

Steps to Take After Being Arrested By The ICE

While you may be feeling scared or overwhelmed after being arrested, you need to stay calm to defend yourself better and know when your rights are being violated.

Ask For a lawyer

The first thing to do when you’re arrested is to ask for a lawyer. You are allowed the right to make a free private phone call to your lawyer without the officers listening in on your conversation. You can choose to remain silent throughout the process as you’re not obligated to answer their questions or make any explanations concerning your immigration status.
While you’re in custody, you may be visited by some immigration agents. Make sure not to sign any papers without speaking to a lawyer. Also, do not sign any paper if you don’t understand what it says, or you may be forfeiting your rights to an immigration hearing. Lastly, if you have difficulty in reading, you can ask for an interpreter.

Consult Your Consulate

If you get detained by the ICE as a non-citizen, it is within your rights to inform your consulate or ask an officer to inform them. When speaking to an official from your consulate, identify yourself and give them details of your detainment, including where you’re detained. They may be able to link you with an immigration lawyer.

Ask For an Immigration Bond

When a person is taken into immigration custody, the deportation officer determines if they are eligible for a bond and how much the bond costs. The bond would allow the detained persons to be released and return to their homes (within the U.S) while their removal proceeding is pending.
To determine if an immigrant is eligible for a bond, two things are considered—the risk of missing your immigration hearings and the danger of releasing you to the community. A previous record of conviction for a crime can also affect your eligibility for a bond. If you’re refused a bond by the deportation officer, it is within your right to ask the immigration judge to reconsider. Also, if the bond is beyond what you can pay, you can ask for the bond to be lowered.
The cost for a bond depends on the immigration judge and the circumstances surrounding the case. But usually, the cost is within the range of $1,500 to $25,000. Bond hearings are not the same as deportation proceedings. So, it would be best if you asked for a bond hearing as soon as your first immigration hearing.
In conclusion, you mustn’t hesitate to seek the help of an experienced criminal defense lawyer when you’re facing a case of illegal immigrant smuggling, as it is a very serious federal offense. You can speak with a criminal defense lawyer on our website: https://www.lhccriminallawyers.com/.

Lane, Hupp, & Crowley,
111 W Monroe St Ste. 1216 Phoenix AZ 85003,
(480) 562-3482

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Can Police Officers Enter Your Property If Your Fence Has a No Trespassing Sign?

The Fourth Amendment is one of those laws many people take at face value; while it protects individuals against overzealous actions by law enforcement agents, it has its limitations. Failure to understand these limitations tends to result in many defendants’ disappointment (and jail time). If you’re unsure about the scope of this law, it is best to speak with a professional, like a Phoenix criminal defense lawyer. This is especially crucial if you’re facing criminal charges due to searches and seizures that you believe to be unlawful. Of course, if things get that far, it may already be too late. It’s always best to reach out to such a lawyer when you’re in a situation where your residence may be the subject of a police raid. This ensures that you fully understand your rights.

A ‘No Trespass Sign’

Many homeowners believe that a ‘No Trespass’ sign is sufficient protection from police searches and seizures. While these signs will surely deter a significant number of intruders, they have no bearing on any actions taken by law enforcement agents. Police officers or any other government agents with authorization to raid your residence will do so regardless of how big or how many such signs you erect around your property.

Lawful Searches and Seizures

The Fourth Amendment states, “…no warrants shall be issued, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.”
Before any judge can authorize a search or seizure warrant, there must be a good reason to do so. Police officers showing up at your residence to conduct a search and seizure of certain items as evidence means that they’ve fulfilled this part of the Fourth Amendment. This is not just a subjective matter; the judge must examine the evidence for why such an action is necessary and reasonable. Sometimes, the prosecutor filing the petition for a warrant may need to speak with the judge personally to explain why this is necessary. The judge will then determine if there is probable cause to authorize a search or seizure warrant.
The term “probable cause” may itself be subjective. However, the system has some guidelines to help judges determine what constitutes probable cause. For instance, if a suspect has a criminal history of drug trafficking and weapons smuggling, such an individual is a person of interest in a drug case will likely sway the judge to grant a search warrant for the suspect’s residence. This example is one of many in which the authorities are at liberty to invade a person’s residence to search regardless of whether or not the ‘No Trespass’ sign is there.
In such cases, the police don’t even need to announce their presence or identify themselves with house occupants. While they may do it as a courtesy, the warrant authorizes them to enter the house by any means necessary. This also means they can access the residence forcibly by breaking down the door.

What Does the Fourth Amendment Protect Against?

Protection against the high-handedness of law enforcement is the founding principle of the Fourth Amendment. It is to ensure that the police and other government agencies do not abuse power vested to them by the state.
Many modern scenarios were not envisioned when the Fourth Amendment became law more than two centuries ago. As such, there have been numerous incidents of searches and seizures that may not seem clear under the provision of the Fourth Amendment. This has forced both state and federal courts to intervene, adjudicating these cases by interpreting the Fourth Amendment and making exceptions accordingly. Even with clear “No Trespass” signs, police can enter such a residence to execute a warrant. The courts overwhelmingly rule in favor of law enforcement if the suspect files a lawsuit alleging unlawful searches and seizures. However, there are some gray areas with the interpretation of this Amendment.

What Can Keep the Police From Searching My Property?

A reasonable expectation of privacy is a legal provision for any private citizen. This means they do not expect the police or anyone to intrude on their privacy in such places. For instance, if you’re resting in your house, you expect no intrusion from strangers, including the police. This expectation of privacy extends beyond the home to include places like a hotel room, a public toilet, specific areas of a jailhouse, or the inside of one’s car.
Places where such expectation of privacy is forfeited, include:

  • Public buildings.
  • Streets.
  • Garbage cans in public areas.
  • All other places are considered public.

 

The police cannot barge into your home without a warrant because of the expectation of privacy principle supported by the Fourth Amendment. When a search warrant is issued, such an expectation of privacy is nullified. In such cases, a “No Trespass” sign cannot deter the police from invading your privacy.
Sometimes, the police may need to speak with a suspect. This is one of those situations where a warrant is not needed even when the line of questioning could result in a suspect being incriminating. The argument here is of an “implied right.” This is the implied right of any individual, whether to speak to the owner of the house or to make an inquiry. Legally, anyone can knock on another person’s door for whatever reason as long as they’re not disturbing the peace or doing anything illegal.
The police have this same implied right when it comes to talking to a suspect. Of course, during such an encounter, they cannot seize anything or search without a warrant or the owner’s consent. Of course, there are exceptions. For instance, if there’s a locked gate as part of a suspect’s property, the police cannot scale its surrounding fence in an effort to speak with a suspect if they don’t have a warrant.
Ultimately, the situations where a suspect feels their right to privacy has been violated can fall in a grey area. The same can happen in cases of searches and seizures in different circumstances. Astute legal representation is key when one feels their rights have been violated. At Lane, Hupp & Crowley, we understand the loss of dignity that people feel when law enforcement violates their constitutional right to privacy and freedom from unlawful searches and seizures. We can help you lodge formal proceedings to get justice. Contact us here https://www.lhccriminallawyers.com/.

Name, Address, and Phone
Lane, Hupp, & Crowley,
111 W Monroe St Ste. 1216 Phoenix AZ 85003,
(480) 562-3482

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Will a Medical Marijuana Card Affect My Rights?

The use of marijuana for medical purposes is legal in Arizona. It is still considered illegal to be used recreationally. The Arizona Medical Marijuana Act was passed in 2010 to legalize the use of the drug for medical purposes. A licensed doctor can recommend medical marijuana if you qualify based on your medical condition. You will be given an Arizona medical marijuana card that lets you legally possess, purchase, and use a specific amount of the drug. However, the recreational use of marijuana is still considered illegal in the state. Proposition 205 to legalize the recreational use of the drug was rejected in November 2016. If you are caught possessing, using, or distributing marijuana for recreational purposes, you will be charged with a felony and will need a criminal defense lawyer to help you out.

How Will Medical Marijuana Impact Gun Rights?

Medical marijuana is legal if you have a card in Arizona. However, it is still considered illegal by Federal Law. The transactions form you must fill out when buying a gun will ask if you are addicted to or use marijuana unlawfully. It also states that marijuana is illegal under federal law irrespective of whether it is decriminalized or legalized in your respective state. You cannot give false information on the firearms transaction form as it is considered a felony. Therefore, you may not be allowed to purchase or own a gun if you have a medical marijuana card.

Can I Use Medical Marijuana When on Probation?

According to the Arizona Supreme Court, anyone with a valid card can use the drug even when on probation. The prosecutor will not be able to request the prohibition of medical marijuana use when on probation in the plea offer. However, this rule applies only to probation in Arizona and not Federal probation.

Will I be Fired for Possessing or Using Medical Marijuana?

Most Arizona employers are not allowed to discriminate against an individual with a valid medical marijuana card. Hence, you cannot be fired if you own a card, even if you fail a drug test. However, there are a few exceptions to this rule. These include safety-sensitive roles and positions that can jeopardize contracts for the federal government. If you are in one of these roles and test positive for marijuana, you can be fired even if you have a medical marijuana card.

Can I be Refused a Job Because of My Medical Marijuana Card?

An employer cannot deny you a job because you use medical marijuana in most cases. You don’t even have to disclose that you are a cardholder and use the drug for medical purposes. Employers cannot even ask you about your marijuana use or patient status. However, there are certain exceptions to this rule. Positions that are termed “safety-sensitive” may not come under this rule. Employers will take extra precautions while hiring for these positions. Common jobs under this category include pilots, bus drivers, air traffic controllers, police officers, and firefighters. Your employer can ask you whether you are a medical marijuana cardholder when hiring for these positions. If they feel hiring you can be risky, they can reject you for the job. Another area where employers can deny you an appointment for being a medical marijuana cardholder is if hiring you can cause them to lose a licensing benefit or contract from the federal government. Since marijuana is still a Schedule I Controlled Substance under Federal law, businesses that involve contracts with the Federal Government can be subjected to additional checks and precautions.

Can I Get a DUI For Using Medical Marijuana?

According to Arizona law, you can get a DUI if you drive under the influence of marijuana, even if you are a medical marijuana cardholder. You can be charged for driving under the influence. Even if you are not intoxicated when testing, any trace of the drug in your bloodstream from a previous use will also result in the charge. If you are caught for the first time, you will be charged with a misdemeanor. You may get anywhere between one day and six months in prison, fees and fines up to $1,470, a compulsory substance abuse program, compulsory installation of an Ignition Interlock Device, or revocation of your driving license for one year. If you are caught for the second time within seven years, you will get a jail sentence for a minimum of 30 days, fines starting from $3,430, a minimum of 30 hours of community service, revocation of driving license for 18 months, or a compulsory installation of Ignition Interlock Device. A third offense will result in a felony charge with harsher fines and punishments.

Can I Possess or Use Medical Marijuana on a College Campus?

Though medical marijuana is legal in Arizona, you cannot possess it on a college campus. The state considers the possession or use of medical marijuana on a college campus illegal. This rule came into effect after a 2012 revision of the Arizona Medical Marijuana Act known as the campus ban statute. You cannot even possess it on a school bus, on pre-school, primary, or high school grounds, or in a correctional facility. You are not allowed to smoke medical marijuana on public transport, even if you have a card.

Will my Name be Public if I Own a Medical Marijuana Card?

As per the state law in Arizona, your name will not be public if you have a medical marijuana card. The information received by the ADHS is confidential. It cannot be disclosed to anyone under the Arizona Open Records Law. Law enforcement officers and employers will not be able to get details without your registration number, which is given on your card. A police officer may, however, get a search warrant for departmental records if they have probable cause to prove that you are committing a marijuana crime.

https://lhccriminallawyers.com/ can help you understand the rules and laws related to medical marijuana. We have years of experience dealing with drug-related cases and medical marijuana-related issues. You may contact us for a free consultation.

Name, Address, and Phone
Lane, Hupp, & Crowley,

111 W Monroe St Ste. 1216 Phoenix AZ 85003,

(480) 562-3482

 

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What Happens If a Domestic Violence Victim Refuses to Press Charges?

A domestic violence charge in Phoenix can lead to serious consequences that can impact your future. It should not be taken lightly. It can lead to severe punishment and penalties. You must contact a Phoenix criminal defense lawyer if you have been charged with domestic violence. The lawyer can give you legal advice and guide you through the case.

Can a Domestic Violence Case be Dismissed if the Victim Refuses to Press Charges?

The final decision to dismiss domestic violence charges remains with the prosecutor. They will not simply dismiss the case because the victim doesn’t want to press charges. However, if the victim refuses to cooperate, the case may be dismissed due to a lack of information.

Can a Domestic Violence Victim Drop the Charges?

Once you are arrested, a prosecutor can drop the domestic violence charges if the victim is non-cooperative. But before dropping the charges, the prosecutor will consider all the circumstances and facts present in the case.
If there is enough evidence to prove the violence, they may continue with the case. Similarly, if the accused has a violent history or other criminal charges, the prosecutor may decide to proceed with the prosecution in the case of the public’s interest. The prosecutor may use the 911 call as evidence or other witness statements to prove abuse if the victim changes the testimony in court. In some cases, the prosecutor can also subpoena the victim if they refuse to testify. If the victim is uncooperative and inconsistent with their statements to the police, the prosecutor can impeach them.
In cases where the victim doesn’t sustain a major physical injury, or the alleged abuser doesn’t have a previous criminal record, the prosecutor may dismiss the charges.

What Happens After an Order of Protection?

A domestic violence accusation could lead to an order of protection. This order can stop you from going back home or seeing your children. In situations where the issue is resolved, the victim can drop the order of protection.
An order of protection is a civil matter. The prosecutor cannot influence the victim’s decision to keep the order of protection or drop it.
However, if a related criminal case is pending, then any court orders related to that case would remain in place. If the judge released the accused with the condition that they don’t make contact with the victim, that condition will not be changed. While the victim may drop the order of protection, the defendant will have to follow the court order and not meet the victim. The individual who originally requested the order can go to the issuing court and request the judge to dismiss it.
https://www.lhccriminallawyers.com/ can help you if you have been charged with domestic violence in Phoenix. We understand the seriousness of the accusation and know that your future can be affected if you are prosecuted. We will guide you through the case and do everything to protect your rights.
Lane, Hupp, & Crowley,

111 W Monroe St Ste. 1216 Phoenix AZ 85003,

(480) 562-3482

 

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Is Littering a Criminal Offence in Arizona?

Most of us have littered at one point in our lives and probably gotten away with it. But if you reside in Arizona, you may want to think twice before throwing that candy wrapping out your car window. In Arizona, littering is a serious offense that can attract severe consequences. You may find yourself charged with criminal littering in Arizona, in which case you may need the counsel of a criminal defense lawyer. Luckily, this post will discuss everything you need to know about littering in the state of Arizona.

What Constitutes Criminal Littering in Arizona?

According to Arizona legislation, you may be liable for criminal littering or polluting if you do any of the following without lawful authority:

Dump soil, earth, ores, minerals or stones on any land
Discharge or permit the discharge of oil products, sewage or other toxic substances into any shorelines or waters within the state
Drop, place, throw or permit hazardous material or litter to be dropped on private or public property that isn’t a lawful dump, and failure to remove such materials immediately.

Generally, criminal littering refers to the latter definition, while the first two relate to companies and businesses that produce large amounts of waste. The Maricopa Association of Governments attributes most cases of criminal littering to a lack of understanding of what exactly constitutes pollution and littering and failure to understand the potential consequences. However, you have a pretty good idea of what littering in Arizona constitutes with the above definitions.

Penalties for Littering in Arizona

Most cases of criminal littering and pollution in Arizona are charged as misdemeanors, but one may be charged with a felony in some cases. According to Arizona Revised Statutes Title 13, the following are potential punishments for littering:

You can be charged with a class 6 felony if the polluting material or litter is more than 100 cubic feet or 300 pounds
Littering within 50 feet of a shoreline or highway constitutes a class 1 misdemeanor
All other cases of criminal littering and pollution fall under a class 2 misdemeanor

It is crucial to note that the most severe penalty, a class 6 felony, doesn’t apply to the general population. Common littering cases such as throwing food wrappings out your car window or dropping a cigarette are charged as a class 1 misdemeanor if they occurred on a shore or highway; all other cases constitute a class 2 misdemeanor.

Difference Between Dumping and Littering

The state of Arizona differentiates littering and dumping based on the weight of the waste material and not the penalty involved. This is arguably sensible, seeing that highway littering costs the state about 6 times more than large-scale dumping. Therefore, legislators seem keener to correct drivers who carelessly litter highways from their windows than those who dump significant amounts of waste material in prohibited areas.

It is estimated that highway littering costs taxpayers in Arizona an average of three million dollars every year. Also, trash along highways and shores degrades the community and negatively impacts the local economy. The state is so keen on eradicating highway littering that it has recently implemented a hotline for that sole purpose, but it is not designed to punish offenders. When you call the hotline to report a littering driver, the program sends the driver in question a free litter bag instead of alerting law enforcement. The litter bag is accompanied by a written reminder to avoid littering.

Fines for Littering in Arizona

Depending on the circumstances, there are varying fines for littering, but they are relatively higher for highway littering. Generally, littering fines do not exceed $500 save for specific situations.

According to the Arizona Revised Statutes 28-1098, littering regarding vehicle loads need not be intentional. It starts by stipulating the proper way of transporting a load, requiring that the vehicle be constructed to prevent the load from leaking, sifting, dropping or escaping from it. The law then proceeds to determine penalties in violation cases.

For instance, if a law enforcement officer finds that the load on your vehicle is not secured correctly, even though the material hasn’t escaped, you may be liable for a penalty of up to $250; $350 if you commit the violation twice in 5 years. However, if some of the load escapes and injures another driver, you may be charged up to $500. The fine may escalate up to $1000 if the escaped material causes the death of another person.

While these fines may appear relatively low for causing the death of another individual, they are considered a fair assessment based on the driver’s intent. Despite this statute standing on the border of littering and manslaughter, it is punished as a criminal littering charge. At the same time, load seepage or an insecure load is more dangerous than stray food wrappings, unintentional. Since no one wants to lose their load in transit, such an occurrence is deemed accidental. Throwing trash out of your car window, on the other hand, is an apparent intentional act.

State law allows cities to set their fines and standards for littering. Scottsdale has a fine of $75 for littering citywide, whether on highways or otherwise. However, a 2012 provision doubled the fine for Downtown Scottsdale, otherwise known as the entertainment district. The provision was accompanied by installing trash cans and signs warning extra fees for littering.

Defenses for Littering

There are limited defenses for littering, mainly because the judge often assumes intent. For instance, if a law enforcement officer observed you throwing trash out of your car or dropping wrappings on the ground, it is difficult to prove it wasn’t intentional. However, it would help if you didn’t resign your fate to the court. Visit https://www.lhccriminallawyers.com/ to talk to an experienced criminal defense lawyer about your case.

Lane, Hupp, & Crowley,
111 W Monroe St Ste. 1216 Phoenix AZ 85003,
(480) 562-3482

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Some Cities Impose Criminal Charges For Not Wearing A Mask

The danger posed by the COVID-19 pandemic has led to the implementation of mandatory mask laws and health regulations in many cities. These laws and regulations change with time, depending on the rise and fall in infection rates. These dynamic laws and regulations can be tough to keep track of, even for the most updated members of our society. Therefore, If you are facing criminal charges for non-compliance with mask mandates or other COVID-19 regulations, it is advisable to hire a reputable criminal attorney to handle your case.

In this blog post, we will offer some relevant information about the mandatory mask laws and the various COVID-19 regulations that have been imposed by cities all over America.

Can I Be Arrested For Not Wearing a Face Mask?

It is not likely that you will be arrested for not wearing a mask. Law enforcement officers are not patrolling the streets to find people who are not wearing masks. Law enforcement officers will only respond to complaints about persons not complying with the mandatory mask laws in most states.

Different states have varying laws and penalties for not complying with laws and regulations, but very few allow the arrest of persons not wearing masks. However, you can expect a warning from a law enforcement officer, after which they will give you a chance to comply. It is wise to remain calm and polite even if you choose not to comply with the officer’s request because violent or aggressive behavior might lead to your arrest.

Failure to comply with mandatory mask mandates after receiving a verbal warning results in the officer issuing a citation. The fines imposed for non-compliance vary from state to state. If you want to contest the fine issued or any criminal charges for not complying with laws and regulations, then you can count on Lane, Hupp & Crowley to walk you through the entire case.

What Are The Legal Penalties And Consequences Of Non-Compliance?

The legal penalties and consequences of not complying with mask laws and regulations are dependent on where you reside. In some states, non-compliant individuals are typically issued with an information leaflet or verbal civic education on the benefits of complying with mask laws and regulations. Businesses, organizations, and institutions are more likely to receive a written warning.

Failure to comply after a warning has been issued results in the issuing of a fine or penalty. Businesses, organizations, and institutions stand to have their licenses suspended or revoked. Owners of businesses, organizations, and institutions can also face criminal charges for failing to enforce compliance on their premises.

Understanding The Difference Between Guidelines, Regulations, And Laws

Health guidelines, regulations, and laws are often used interchangeably, yet they all have different issuing authorities, meanings, applications, and penalties for non-compliance. State or federal governments typically issue mandatory mask laws. Health guidelines and regulations are issued by city and local authorities.

Health Guidelines

Health guidelines are instructions issued by a state, city, or local authority to reduce the spread of the virus and keep vulnerable demographics safe. While most citizens comply with health guidelines, you are not obliged to obey them because they are not legally enforceable. In other words, you will not face any kind of penalty or punishment for not following health guidelines.

Health Regulations

Health regulations are guidelines issued to businesses, organizations, and institutions to minimize the risk posed by the virus to the entire community. Unlike guidelines that are aimed at individuals, health regulations are legally enforceable. This means that an institution, business, or organization stands to face sanctions, fines, penalties, or another form of administrative action from the state, city, or local authority issuing the regulation.

Mandatory Mask Laws

COVID-19 mandatory mask laws are applied to all citizens above a certain age (usually six years old), depending on the state. States have few exceptions to compulsory mask laws, e.g., for persons who cannot wear masks for medical or religious persons. Mandatory mask laws do not apply to situations where wearing a mask is not feasible, such as eating or having dental work done.

Individuals, businesses, organizations, and institutions are obliged to uphold all laws and regulations that are imposed by their relevant state or local authority or face the predetermined legal sanction. Non-compliant parties are usually subjected to warnings or fines. Institutions, organizations, and businesses that are non-compliant risk facing fines or having their operating licenses revoked or suspended.

Difference Between A Face Mask And A Face Covering

Some laws and regulations specifically call for face masks, while others allow face coverings. Rules will vary depending on the county or city you live in. Therefore, it is essential to distinguish between face coverings and face masks to ensure that you are always in compliance.

Face masks generally are of surgical quality or higher, e.g., N95 masks, and cannot be made at home. Face coverings can be homemade or bought from persons not producing them in accordance with medical manufacturing standards as required for face masks. Face masks are thought to offer more protection than face coverings.

Some areas consider face masks and coverings interchangeable, while others have laws that differentiate between the two. Most places require a face mask for persons above a certain age whenever in public. Face masks are typically necessary for persons attending indoor events or public transportation where social distancing is not viable.

An Experienced Attorney is the Best Option

Suppose you are facing any kind of legal action for not complying with mandatory mask laws. In that case, it is advisable to consult an experienced criminal attorney who can help you fight any fines, penalties, or other kinds of administrative sanctions imposed. We are a very professional team that is capable of fighting tirelessly on your behalf. Contact us at https://lhccriminallawyers.com/ for a case consultation.

Lane, Hupp, & Crowley
111 W Monroe St Ste. 1216
Phoenix AZ 85003
(480) 562-3482

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How To Get Your Criminal Record Expunged In Arizona

In the state of Arizona, employers, firearms dealers, creditors, the DMV (Department of Motor Vehicles), and property owners can request and perform background searches on you before they make certain formal agreements. Background checks consist of an individual’s criminal past, work history, driving conduct, and other records for any red flags that may influence an investigator’s decision. At Lane, Hupp, & Crowley, a Phoenix, Arizona legal company, we can assist you in erasing your criminal record efficiently and swiftly.

The laws of Arizona allow for persons convicted of felonies to clear their criminal history through expungement. Once your past criminal record is deleted, you can enjoy equal access to jobs and voting and generally experience many of the rights and advantages that people with no criminal record might overlook. Nonetheless, achieving that particular outcome is a complicated and time-consuming procedure requiring the assistance of experienced criminal defense attorneys like us.

Clearing Your Arizona Record Through A Court petition

“Setting aside judgment” is the legal term used in Arizona for expungement. Arizona’s Statute of Section 13-907 offers citizens to have their convictions set aside. The term essentially means that any individual found guilty can plead with the judge to have the verdict overturned after serving the term or completing the necessary probation. Once the authorities release an offender from probation or sentence, the law requires them to inform you of your right to initiate an expungement.

Undoubtedly, getting your criminal record effectively erased will offer you a slew of advantages. Among them are:

  • It will make your job-seeking ventures in Arizona simpler.
  • It will ease your possibility of restoring gun rights in Arizona.
  • The government will most likely restore your right to vote in Arizona.
  • You’ll get a notation indicating that your record was overturned and its charges were dropped.

Going through daily activities as a convicted felon hurts one’s living standards. Nonetheless, there’re criteria that individuals must fulfill for their expungement to be effective in the state of Arizona.

Expungements Of Your Criminal Record In Arizona

Before considering if a convict qualifies for expungement, note that certain offenses cant be overturned. Here are some of the crimes:

  1. Felonies that inflict severe bodily harm disqualifies individuals from expungement.
  2. Felonies involving the display or use of lethal weapons will disqualify individuals from applying for expungement.
  3. If individuals were convicted of a heinous crime driven by sexual urges, they wouldn’t qualify for expungement.
  4. Crimes committed against victims who are under 15 years do not qualify for expungement.
  5. When a defendant engages in a road violation during a period when their licenses have been revoked or suspended, they won’t qualify for expungement.

If a conviction involves any of the above offenses, it can neither be set aside nor expunged. On the other hand, expungement can only be possible for individuals if the following criteria are satisfied:

1.An accused must fulfill all the conditions outlined in their initial sentence following their conviction, which include:

  • The defendant must have fully served their prison or jail terms to qualify for expungement.
  • An accused must have fulfilled their probationary terms to be eligible for expungement.
  • The defendant must have fully honored their drug abuse treatment programs to be considered for expungement.
  • If the court had ordered a defendant to do an anger management course, they must finish it before being eligible for expungement.

2.If you’re an offender, you’re not supposed to have further felony convictions for 90 days to 6 years after the conclusion of your initial jail term or probation linked to your original sentence.

If you believe that you can qualify for expungement, ensure that you’ve got your foot ahead while petitioning the courts. You can present various bits of evidence during your hearing, such as documents proving that you fully served your sentence. Also, you can submit documents proving that you haven’t gotten in any trouble with the authorities since your initial conviction.

If possible, also add additional information that can persuade a magistrate to offer you an expungement.

What If Dropped Charges Still Appear On Background Checks?

Prospective hiring managers can see your charges and arrests. However, it doesn’t constitute a conviction. Thus, it doesn’t result in your criminal history. It is just an unfounded accusation. Specific workplaces notice this but are oblivious to the distinction between convictions and charges. At the same time, other recruiters can presume that if an individual weren’t at fault, they wouldn’t have been arrested or prosecuted.

ARS 13-4051 enables individuals who have unjustly been arrested or prosecuted to ask the judge for a notation indicating that they had been acquitted. The judge can equally order police agencies and courts to refrain from disclosing or accessing such records. If the officials intentionally violate such orders from the judge, a legal charge will be leveled against them.

Remember that being unjustly detained or prosecuted doesn’t qualify as a sentence. When an individual is wrongly incarcerated or accused, it implies they are innocent. Even if a defendant is cleared since the prosecution couldn’t establish their guilt, they may nonetheless have broken the law. For instance, an individual may be charged with DUI only for their blood tests to come back clean, proving that they weren’t guilty.

Why Felony Conviction May Still Be Showing On Your Record

After completing probation of class 6 undesignated felonies, you can qualify for the courts to reduce it to a minor crime. Nevertheless, the courts don’t always immediately reduce it to a misdemeanor.

In case they don’t immediately reduce it to a non-indictable offense, you can initiate the process in two different ways:

And in case they don’t immediately reduce it to a non-indictable offense, you can initiate the process in two different ways: Your first alternative would be to request the officer in charge of your probation to submit a petition with the judge to reduce your record to a minor one once your probation is finished. The other option would involve your lawyer submitting a petition with the courts to have your felony reduced to a misdemeanor.

Although the expunction of convictions in Arizona is evident in respect to the necessary criteria, they may still trickle down to practical issues in line with how you present and defend your petition. It would be helpful if you contact us here at Lane, Hupp, & Crowley today to set up an initial appointment since a fresh start is crucial for different aspects in your future. Alternatively, you can visit our website at https://www.lhccriminallawyers.com/ to learn more about our services.

Name, Address, and Phone
Lane, Hupp, & Crowley
111 W Monroe St Ste. 1216
Phoenix AZ 85003
(480) 562-3482

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Arizona Age of Consent and Everything You Need To Know

There are a lot of misconceptions, miscommunications, and confusions surrounding the concept of consent. Under the sex crime laws, consent is an express agreement between parties to engage in sexual activities. In Arizona, the age of consent is described as the minimum age by which a person is deemed legally of age to give consent. A criminal defense lawyer in Arizona notes that the age of consent differs from state to state. Violating the age of consent law can mean a lot of legal trouble. The accused may face sex crime charges which carry steep and strict penalties upon conviction.

In Arizona, sex crimes are pursued vehemently. Sex crimes fall under the category of crimes that garner a strong emotional response from the public. Usually, defendants need to have a credible and experienced Phoenix Sex Crime Defense Lawyer in their corner to get the best possible outcome. Regardless of the conditions surrounding the case and possible aggravating factors, the prosecuting counsel will mostly seek harsh punishments for the offense. To better understand the age of consent in Arizona and the factors surrounding consent laws, read below.

What is the Age of Consent in Arizona?

The Arizona age of consent is pegged at 18 years. This is contained in A.R.S 13-1405. This means that a person who is 18 years or above is capable of making legal decisions and giving consent. Under the statute, it is considered illegal to engage in any form of sexual relations with anyone under the legal age of consent. This means that a person that is 20 years old cannot have sexual contact or relations with another that is 17 years of age. This could be grounds for strong sexual criminal charges like statutory rape.

Are There Consequences when Age of Consent Laws are Violated?

For clarity, statutory rape is different from criminal rape. Statutory rape involves consented sexual relations with a person that is below the age of consent. While the charge may be statutory rape, you should not be fooled into thinking consent can be used as a legal defense. The law is clear and unchanging in this aspect. If a person who is 20 years engages in oral or penetrative sexual activities with an 18-year-old partner, such a person may face felony charges.

The classification of the case as a felony charge will depend on the age of the other party. Statutory rape, according to Arizona laws, is broken down into several categories. Each of the categories has its associated punishment for offenders. The categories are;

Sexual Conduct with a Minor

This offense is characterized by sexual contact between a defendant of any age and a person that is under the age of 18. This charge is often brought up when the criminal defendant is within a 2-year age bracket from the minor. In this case, a person that is 19 years of age may be charged with sexual conduct with a minor who is 17 years. Also, it applies when two minors are involved in sexual contact. A person that is 17 may be charged with statutory rape for engaging in sexual contact with another, aged 14. If the other party is 15 years or older, the defendant may face felony charges punishable by a maximum of a year of prison time.

The offense graduates to a class 2 felony if the defendant is a guardian and if the other party is younger than 15. This means that having sexual contact with a 14-year-old as a stepparent, guardian, grandparent, or foster parent is classified as a class 2 felony. Teachers and priests are also affected.

A class 2 felony threatens a considerably harsher punishment. Defendants may face a lifetime prison sentence if the other party is 12 years or less. If the other party is between the age of 12 and 14, the defendant may face as long as 20 years prison sentence.

Child Molestation

Child molestation, according to Arizona law, is defined as non-penetrative sexual contact between a defendant of any age and a child below the age of 14. This charge applies if the defendant is older by 2 years or more. If the minor is 14, the case is regarded as a class 2 felony and punishable by 5 years prison time. However, the defendant may face up to 20 years if the other party is less than 14 years.

Sexual Abuse

Sexual abuse is any sexual contact between a defendant of any age and a minor aged 14 or below. This sex crime charge carries steep punishment. However, the severity of the punishment will depend on the age of both parties and the kind of sexual contact.

Are There Exceptions To Age of Consent Law in Arizona?

Defendants facing sex crime charges on account of violation of age of consent law may be able to defend themselves by leveraging some exceptions provided by the law. Some of the exceptions to age of consent law include.

The Romeo and Juliet Law

Age is an important factor in sex crime cases. In some instances, both parties may be close in age and may use the Age Difference Defense. For this age difference defense, also known as the Romeo and Juliet law to work, the defendant is expected to be younger than 19. The other party is expected to be between the ages of 15 and 17. The sexual contact must have been consensual. The defendant is expected to still be in high school and not more than 2 years older than the other party.

For context, the Romeo and Juliet defense will be a valid strategy in the case of an 18-year-old defendant who was sexually involved with a 17-year-old partner.

Mistaken Identity

While this isn’t a valid defense in many states, Arizona residents can use this defense. Essentially, this defense seeks to establish that the other party lied about their age. The defense counsel will be required to establish that the defendant made reasonable attempts to confirm the other party’s age.

The Marital Exception

Marital exceptions offer a solid defense against sex crimes. However, it doesn’t offer a full blanket for all situations. For instance, a 20-year-old woman can marry a 17-year-old man and enjoy sexual contact with him. However, a husband may be held liable for rape if he forcefully has sexual contact with his wife.

The consequences of sex crimes are dire. People who have been accused of such heinous crimes need an experienced criminal defense lawyer to stand by them through the challenging times. Learn more about criminal offenses and how to get legal help at https://www.lhccriminallawyers.com/

Lane, Hupp, & Crowley
111 W Monroe St Ste.
1216 Phoenix AZ 85003
(480) 562-3482

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Everything You Need To Know About Marijuana Laws in Arizona

In the past, an arrest for marijuana possession would require the help of an attorney from a criminal defense law firm. However, due to the increasing legislative changes, you have the duty to understand marijuana laws based on where you live. Generally, there are different bills about the legalization and decriminalization of marijuana, and these bills vary from state to state. Still, if you’re a resident of Arizona, you’re in the right place to know about everything there is to know about the marijuana laws of the state.

The Ultimate Guide To Marijuana Laws In Arizona

Marijuana was legalized in Arizona under the voter approval section 207. The statement legalized marijuana by indicating that anyone above the age of twenty-one years can possess or use it for recreational purposes. However, to any confusion regarding usage, below is everything you should know about the Arizona marijuana laws:

Changes In 2021

If you possessed and used marijuana in Arizona based on 2020 laws, it’s time to understand that significant changes were made in November 2020. These recent changes were passed to legalize marijuana in Arizona for recreational uses. Additionally, the changes also legalized marijuana for medical use. However, the rules decriminalized the use and possession of certain types of marijuana.
The rule also allows you to file a petition for a record of expungement if you were previously convicted for marijuana-based offenses. If you were to file for a petition because you were previously convicted for illegal possession, you had from 12th July of 2021 to start processing your expungement procedures.

What You Should Know About The Current Laws

As stated earlier, the recent Arizona change in marijuana laws allowed for medical and recreational usage. Therefore, to comprehensively understand these laws, below is a breakdown of each:

The Arizona Medical Marijuana Laws

These laws were enacted and legalized in 2010. The first proposition was first in 2002 to allow the use of marijuana for medical purposes. However, the proposition did not become law until 2010. Still, even after passing these laws, the selling of marijuana for medical uses did not immediately start in Arizona until December 2012. However, the sale of marijuana for medical help is still only allowed if you’ve got a valid medical identification card indicating you need marijuana for medicinal reasons.

The Recreation Marijuana Laws In Arizona

These laws and regulations started working in 2021. According to authorities and studies, they were proposed in early November 2020 by the Arizona Smart and Safe Act. Generally, recreational laws mean you can legally use and possess marijuana, especially if you’re above twenty-one years old. They are also expected to become more effective after the state governor releases their official statement on proclamation scheduled to happen in the spring season of 2021.

What Do This Laws Mean To You As A Resident User in Arizona?

While these laws are clearly explained, there are unique meanings you should keep in mind, especially since some, like the recreational ones, are waiting for the governor to make their final statements and more. As such, here’s what you should keep in mind before using and possessing marijuana:
You Are Allowed To Possess A Specified Amount
The standard amount these laws allow you to use and possess is up to an ounce of marijuana or about five grams of the same for recreational needs. However, suppose you’re looking to use marijuana for medical conditions, in that case, you’re allowed to have about two and a half ounces and a medical card indicating you’re eligible to have marijuana for medical reasons.
There Is A Set Standard For The Number Of Plants And People To Grow Marijuana
The laws also stated that you’re allowed to grow only about six cannabis plants, and the number of people allowed to grow it should be one or two per household. Lastly, the same laws will enable you to sell marijuana for recreational uses only starting from March 2021.

Penalties and Punishment You Should Know For Breaking the Arizona Marijuana Laws

Even though the state legalized marijuana, you’re still eligible for penalties and other punishments if you break the laws in the following manner:
You are not allowed to use marijuana for recreational purposes in public areas like recreational gardens and more. You’ll also be fined for using marijuana while driving and operating any other motor vehicle.
If you’re under the legalized age category- unless you’re above twenty-one years, it is considered a crime to possess or use marijuana in Arizona. This means even if someone sends you for recreational or medical uses, you’ll be fined because of breaking the age limit for possessing it.
Lastly, not everyone can sell marijuana unless you’re a licensed vendor. The selling of marijuana is considered a crime without having permission from above. However, most licensed vendors are only allowed to sell it for recreational needs.

The Consequences for Breaking the Marijuana Set Laws in Arizona

Suppose you’re found guilty of violating any of the above regulations, you’ll be charged according to the current ground laws, which can include:
Facing criminal charges with severe penalties- this can happen when you’re found in marijuana-related crimes such as driving under the influence, possessing and using below the legal age, and more.
Unlawful possession and intent to sell- this is also charged differently from other marijuana-related crimes, mainly since the intention to sell it for recreational use and not medicinal. When found guilty of this crime, it can be charged as a felony or misdemeanor based on the amount you’re caught with or the current ground laws. Charges for this kind of crime will risk you jail time which the law will determine, or fines.
In a nutshell, it is paramount to understand these and more marijuana laws in Arizona, significantly to help you avoid falling out with the law. Understanding these laws will help you avoid lifelong consequences such as affecting your employment history and more.
As such, to help you have a crystal clear understanding of the Dos and Don’ts when it comes to marijuana and its laws in Arizona, work with experts like Lane, Hupp, & Crowley. Find them at https://www.lhccriminallawyers.com/.
Lane, Hupp, & Crowley
111 W Monroe St Ste. 1216
Phoenix AZ 85003
(480) 562-3482

Find us on Social Media
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Using the Insanity Defense in a Criminal Case

When people have been arrested and charged to court for criminal offenses, it is the job of their criminal defense lawyers to carefully evaluate their cases and their facts to determine the best line of action. Several defense strategies can be adopted in the interest of the criminal defendant. One uncommon and controversial defense strategy is the Insanity defense.

What is Insanity Defense?

When a person is faced with criminal charges, his or her criminal defense lawyer may choose to prove legal insanity at the time of committing the crime. For context, a person that is legally insane may not be liable for the criminal offense committed as they are regarded to have been out of touch with reality. In essence, for the insanity defense strategy, the criminal defense attorney moves to establish that their client, the defendant, had not acted in a conscious capacity.

The insanity defense is one of the rarely used defense strategies. A recent study showed that as little as 1 percent of criminal defendants facing felony charges defer to this defense strategy. Perhaps the more discouraging aspect of this defense strategy is its success rate. The insanity defense has a 25 percent chance of success. This means that every one in four criminal defendants who choose this defense strategy stand a chance of winning.

Criminal lawyers who have successfully defended their clients using this defense strategy have been compensated with a not-guilty verdict. A not-guilty verdict means that the client has been absolved of the criminal liability.

What does it mean to Plead Insanity?

When people hear of the insanity defense, it is natural to imagine a criminal defendant acting crazy before a court to prove their counsel’s case. However, it is never that simple. Using the insanity defense requires the defense counsel to prove beyond a reasonable doubt, using a body of evidence, that the defendant was legally insane when committing the crime. Being able to prove this means that the defendant had not acted consciously, deliberately, or even negligently.

The insanity defense is acceptable as a criminal defense strategy in the US. This is because the US laws require the establishment of an intent to commit a crime for a criminal conviction to be pronounced. However, with the insanity defense, the intent is eroded. The core of the defense strategy is to establish that the defendant had no criminal intent but committed the crime because of their mental condition or disease.

Proving Your Case Using the Insanity Defense

The burden of proof when using the insanity defense lies with the prosecuting counsel. However, this changed in 1982. Today, it is a requirement that the defense counsel must prove beyond a reasonable doubt that the criminal defendant was indeed legally insane at the time of committing the crime.

The change in the party that bears the burden of proof came after the discharge and acquittal of John W. Hinckley, who was accused of attempting to assassinate President Ronald Reagan. After the defendant was absolved of the crime based on the insanity defense, it was pronounced that the law, henceforth, required a shift in who bears the burden of proof.

In modern-day times, a criminal defense lawyer who wishes to adopt the insanity defense will be required to present evidence to back this defense strategy up. The goal isn’t to prove beyond a reasonable doubt but to present a body of clear and convincing evidence that establishes the defendant’s mental state at the time of committing the crime.

Establishing Insanity

The criminal justice system expects everyone to come with clean hands. To ensure this, the system has adopted four distinct tests to establish insanity on the defendant’s part. These tests can be used individually or in combination to strengthen further the body of evidence presented by the defense counsel. These tests to establish insanity defense include;

The M’Naghten Rule Test

This rule has become the commonest option for criminal defense attorneys who wish to establish the insanity defense. Commonly used worldwide, it holds that the defendant, at the time of committing the crime, could not clearly distinguish between right and wrong due to their mental illness or condition. If proven, this rule absolves the defendant of liability as they didn’t understand their actions and their consequences.

The Irresistible Impulse Test

This test seeks to establish that the defendant had committed the crime on an irresistible impulse due to the mental disease or condition from which they suffer. In essence, the defendant’s mental disease or condition had caused them to commit the crime or made it impossible to resist themselves from committing the criminal act.

The Model Penal Code Test

Here, the defense lawyer seeks to establish that the criminal defendant suffers from a mental disease or condition that makes it impossible for them to act lawfully and within the confines of the law. For this test, the defendant has to be proven to suffer a mental disease or disease that makes them ignorant of the consequences of their criminal actions.

The Durham Rule Test

This test applies only in New Hampshire. The defense counsel is required to prove that the defendant committed the crime only because of their mental disease, condition, or defect. For this test, the defense counsel will be required to establish that the defendant wouldn’t have committed the crime when sane.

While the insanity defense has worked for some, it has largely been a complex defense strategy for others. Some states across the US have frowned upon this defense strategy in a criminal proceeding. States like Montana, Kansas, Utah, and Idaho are against arguing for a no-guilty charge for a defendant using the insanity defense. In these four states, criminal defense lawyers are free to use the insanity defense; however, the defendant will be “found guilty but insane.” For a verdict like this, the defendant cannot walk free; instead, he or she will be institutionalized instead of being sent to prison.

Defending an accused person can be tricky. The key is to choose the right criminal defense lawyer who will, in turn, choose the appropriate criminal defense strategy. Get more information about criminal defense, hiring a criminal defense lawyer, criminal defense strategies, and more at https://www.lhccriminallawyers.com/

Lane, Hupp, & Crowley
111 W Monroe St Ste. 1216
Phoenix AZ 85003
(480) 562-3482

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If you have been charged with a DUI, drug charge, sex crime or any serious criminal offense, let an experienced defense team fight for you. Schedule a consultation with one of our partners today. Call (480) 562-3482 or send an email.