Understanding Bribery of a Public Servant Under ARS 13-2602 in Arizona

Investigative Article

Understanding the Offense of Bribery of a Public Servant Under ARS 13-2602

In the legal system, the offense of bribery of a public servant is regarded as a heinous act, which can attract severe punishment depending on the circumstances surrounding the case. In Arizona, the Revised Statute 13-2602 has clearly outlined the definition, scope, and consequences of bribery of a public servant, making it important for individuals to have a good understanding of this offense. This article will delve into the details of bribery of a public servant under ARS 13-2602, providing valuable information that will help readers comprehend the gravity of this offense and the implications of such an offense.

Understanding Arizona Revised Statute 13-2602

The Arizona Revised Statute 13-2602 defines bribery of a public servant as an act of corruptly offering, giving, or soliciting anything of value as a gift, reward, or compensation to influence the public servant's official action or decision. The offense of bribery of a public servant is punishable by the Arizona law regardless of the public servant's conduct in response to the bribe.

Who is Considered a Public Servant or Party Officer?

A public servant or party officer, as defined by the Arizona law, encompasses a wide range of individuals who hold public offices, functionaries, or employees of a public agency or enterprise. Public servants could include elected or appointed officials, law enforcement officers, public employees, judges, or officers of political parties. The definition of a public servant has been designed to cover all individuals who possess legal authority, either expressly or impliedly, to act or make official decisions on behalf of the government, public agency, or political party.

What Actions Could Be Considered Bribery?

Under the ARS 13-2602, bribery involves any acts of offering, giving, or soliciting anything of value to influence the public servant's official decision or action. This could include promising or offering employment, granting favorable contracts, providing monetary rewards, or offering gifts, among other things. It's worth noting that even mere solicitation of a bribe without actual payment or the delivery of anything of value is also considered an offense under the Arizona law.

What is Commercial Bribery?

Commercial bribery is another type of offense under the ARS 13-2602, which involves corruptly offering, giving, receiving, or soliciting a bribe for the benefit of a commercial entity or business. The offense is often committed to gain a competitive advantage or secure favorable business contracts. Just like bribery of a public servant, commercial bribery is a criminal offense according to the Arizona law.

Can Bribery Be a Federal Offense?

In some cases, bribery of a public servant may also qualify as a federal offense, depending on the circumstances surrounding the case. For instance, if the bribing action affects a program or project that receives significant federal funding, the offense could be considered a federal crime under the United States Code. In such cases, the offender may face both state and federal charges, which could attract severe penalties and consequences.

Frequently Asked Questions: Bribery Charges

What is the maximum punishment for bribery of a public servant under Arizona law?

The punishment for bribery of a public servant under ARS 13-2602 varies depending on the circumstances surrounding the case. In most cases, it's classified as a Class 4 Felony, punishable by up to three years in prison, probation, and hefty fines.

Can I be charged with both state and federal bribery charges?

Yes, depending on the circumstances surrounding the case, individuals who commit bribery of a public servant may face both state and federal charges. This could attract severe punishment, including imprisonment, fines, and other consequences that could have life-long implications.

Do I need a defense attorney if I'm facing bribery charges?

Yes, seeking the counsel of a defense attorney is highly recommended for individuals charged with bribery of a public servant. Defense lawyers are experienced in navigating legal processes and procedures, and can help to protect your rights and provide valuable insights on the best course of action.

Contact a Federal Defense Attorney from Kolsrud Law

Bribery of a public servant under ARS 13-2602 is a serious offense that could attract severe punishment and consequences. If you or someone you know has been charged with bribery of a public servant, it is imperative to seek the counsel of an experienced federal defense attorney. At Kolsrud Law, we have a team of experienced attorneys who are dedicated to protecting the rights of our clients and providing them with the best possible defense. Contact us today for a consultation to discuss your case and how we can help you navigate the legal process.

Sources:

• https://www.azleg.gov/ars/13/02602.htm

Bribery,Public Servant Under ARS 13-2602

Share:

Read More

Disorderly Conduct in Arizona: Understanding ARS 13-2904 Charges

Feature Article: Disorderly Conduct in Arizona - Understanding ARS 13-2904

Imagine getting into a heated argument with a neighbor during a block party that ultimately led to a shouting match, only to find yourself being charged with disorderly conduct. Such scenarios are more common than we would like to believe, and they can quickly turn an everyday occurrence into a legal nightmare.

Disorderly conduct laws exist to prevent people from engaging in activities that disrupt public peace and order. But what exactly is disorderly conduct, and what are the penalties for violating it in Arizona? In this feature article, we will delve into ARS 13-2904 and understand everything you need to know about disorderly conduct charges in Arizona.

The Definition of Disorderly Conduct

The Arizona Revised Statutes (ARS) define disorderly conduct as any behavior that disturbs the peace, with the intent to provoke or cause a disturbance. ARS 13-2904 lists the following as actions that constitute disorderly conduct:

• Fighting or engaging in violent behavior

It is important to note that disorderly conduct can include a variety of actions that are likely to disturb public peace. What constitutes disorderly conduct may vary depending on the situation, and police officers have broad discretion in determining whether someone's behavior constitutes a violation of ARS 13-2904.

Penalties for Disorderly Conduct

The penalties for violating ARS 13-2904 for disorderly conduct in Arizona may vary depending on the severity of the charges. In most instances, disorderly conduct is considered a class 1 misdemeanor, as per ARS 13-707, punishable by up to six months in jail and/or a fine of $2,500.

However, if the incident involves fighting or violent behavior, it can be charged as a class 6 felony under ARS 13-2904(E), punishable by up to 1.5 years in jail and/or a fine of $150,000. The nature and severity of charges can also depend on whether the accused has a prior criminal record.

Defending Against Disorderly Conduct Charges

If you are facing disorderly conduct charges, it is essential to seek legal counsel immediately. A skilled criminal defense attorney could help you understand your legal options, assess the evidence against you, and develop a defense strategy based on your unique circumstances.

There are several legal defenses that your attorney may use to fight the charges. These include challenging the police officer's probable cause for arrest, arguing that your actions did not disturb the peace, and proving that you did not intend to cause a disturbance deliberately.

Understanding Disorderly Conduct and Your Rights

Disorderly conduct charges can be challenging to handle, and the consequences of a conviction can be severe. It can result in losing your job, damaging your reputation, and even spending time behind bars.

Suppose you are facing disorderly conduct charges in Arizona. In that case, it is essential to work with a skilled criminal defense attorney who can help you defend your rights and mitigate the potential consequences of the charges.

By understanding the nature of disorderly conduct, you can avoid behaviors that may lead to these charges in the future. Remember, your actions have consequences, so consider the potential outcomes before engaging in behavior that may disturb public peace.

For more information about disorderly conduct charges in Arizona, you can read the original article here.

Share:

Read More

The Impact of Police Misconduct on DUI Charges

Investigative Article

The Impact of Police Misconduct on DUI Charges: Uncovering the Truth

Driving under the influence (DUI) is a serious offense in the United States, one that can lead to hefty fines, jail time, and a permanent criminal record. However, what happens when police misconduct clouds the evidence against a DUI suspect? Can the charges still stand? The answer to these questions is not straightforward and requires a closer look at the ways in which police misconduct can affect a DUI charge. In this investigative article, we will delve into the topic and uncover the truth behind police misconduct and DUI charges.

The Thin Line Between Reasonable Suspicion and Unlawful Stop

The Fourth Amendment of the U.S. Constitution protects citizens from illegal searches and seizures. In the context of DUI charges, this means that police officers need a reasonable suspicion that a driver is impaired to initiate a traffic stop. However, what constitutes reasonable suspicion is subjective and can vary from case to case. The line between reasonable suspicion and an unlawful stop can be thin and is often a point of contention in DUI cases.

When police officers overstep their bounds and initiate a stop without reasonable suspicion, any subsequent evidence of intoxication collected during the stop can be thrown out. This can significantly weaken the prosecution's case against the DUI suspect. However, proving that the stop was unlawful requires solid evidence and legal expertise. This is where the role of an experienced DUI attorney becomes crucial.

The Role of DUI Defense Attorneys in Uncovering Police Misconduct

DUI defense attorneys specialize in fighting DUI charges from every angle, including uncovering instances of police misconduct. Attorneys who have experience in DUI cases know what to look for and how to use the law to their clients' advantage. They will examine the circumstances surrounding the traffic stop, the evidence collected, and the behavior of the arresting officer. If they find any inconsistencies or violations of protocol, they can file a motion to suppress the evidence, which may result in the charges being reduced or even dismissed.

In some cases, DUI attorneys may also file a civil lawsuit on behalf of their clients against the police department for violating their rights. This type of action sends a strong message that police misconduct will not be tolerated and can lead to changes in police protocol and the way DUI cases are handled.

The Impact of Body Cameras on Police Misconduct

In recent years, body cameras have become a standard part of police officers' uniforms. The use of body cameras has proven to be an effective tool in combating police misconduct and improving accountability. In the context of DUI cases, body camera footage can give an objective view of the traffic stop and provide evidence of any misconduct or violation of protocol by the arresting officer.

However, the use of body cameras is not foolproof. Footage can be lost, tampered with, or turned off during a traffic stop. Additionally, some police departments still do not require officers to use body cameras. This means that there are still instances where police misconduct can go undetected.

The Psychological Impact of Being Wrongly Accused of DUI

Being accused of a DUI, even falsely, can have a significant impact on a person's mental health. The stigma associated with DUI charges can lead to feelings of shame, guilt, and anxiety. In some cases, wrongly accused individuals can also suffer from post-traumatic stress disorder (PTSD). This is why it is important for DUI attorneys to not only fight the charges but also to help their clients deal with the psychological fallout of being wrongly accused.

The Need for Reforms in DUI Policies and Procedures

The impact of police misconduct on DUI charges highlights the need for reforms in DUI policies and procedures. The subjective nature of "reasonable suspicion" and the potential for police bias can lead to wrongful stops and arrests. This can be particularly problematic for marginalized communities, such as racial and ethnic minorities, who are more likely to be targeted by police. Reforms such as mandatory body cameras, increased training for police officers, and revised guidelines on DUI stops and searches can help to decrease instances of police misconduct and increase accountability.

The Importance of Knowing Your Rights in DUI Cases

Knowing your rights in a DUI case is crucial, especially when police misconduct is a possibility. The right to remain silent, the right to an attorney, and the right to refuse a field sobriety test are all important protections. Additionally, it is important to remember that you do not have to consent to a search of your vehicle or yourself without a warrant. Knowing your rights and assertively exercising them can help to mitigate the impact of police misconduct on your case.

Police misconduct can have far-reaching consequences in DUI cases, from wrongful arrests to ruined reputations and lasting psychological effects. However, there is hope. With the help of experienced DUI attorneys and an increased focus on police accountability and reform, we can work towards a justice system that is fair and equitable for all.

Police Misconduct and DUI

Share:

Read More

Defending Against Wrongful Convictions in Phoenix with the Right Attorney

Feature Article

Wrongful Convictions in Phoenix: Finding the Right Criminal Defense Attorney for Your Case

Being wrongly convicted of a crime is a nightmare that no one should have to experience. Unfortunately, it can and does happen. In Phoenix, as in other cities, there have been cases of wrongful convictions that have resulted in innocent people going to prison. If you find yourself facing criminal charges, it is crucial that you find a skilled and experienced criminal defense attorney who can help you navigate the legal system and protect your rights.

The Importance of a Criminal Defense Attorney

When you're facing criminal charges, the consequences can be dire. A conviction can result in imprisonment, fines, probation, and other penalties that can have a lasting impact on your life. That's why it's so important to have a criminal defense attorney on your side. An experienced attorney can help you understand the charges against you, develop a defense strategy, negotiate with prosecutors, and represent you in court if necessary.

Wrongful Convictions: Causes and Consequences

Wrongful convictions are a tragedy for everyone involved. The innocent person who is wrongly convicted suffers the most, of course. But there are other victims as well. The true perpetrator of the crime goes unpunished, and the public's faith in the justice system is undermined. Wrongful convictions can be caused by a number of factors, including mistaken eyewitness identification, false confessions, and flawed forensic evidence. The consequences can be devastating. The innocent person may spend years or even decades in prison, losing years of their life and missing out on time with their loved ones.

Finding the Right Criminal Defense Attorney in Phoenix

If you're facing criminal charges in Phoenix, finding the right criminal defense attorney is critical. Here are a few things to keep in mind:

• Experience: Look for an attorney who has experience handling cases that are similar to yours.
• Reputation: Check online reviews and ask for referrals from people you trust.
• Communication: You need an attorney who will keep you informed about the progress of your case and answer any questions you may have.
• Strategy: A good attorney will work with you to develop a defense strategy that is tailored to your specific situation.
• Passion: Look for an attorney who is passionate about defending their clients' rights and has a track record of success.

The Importance of Acting Quickly

If you've been charged with a crime, it's important to act quickly. The longer you wait, the more difficult it may be to mount an effective defense. By contacting an attorney as soon as possible, you give yourself the best chance of achieving a positive outcome.

Protecting Your Rights

Your criminal defense attorney's primary goal is to protect your rights and ensure that you receive a fair trial. This means challenging any evidence that was obtained illegally or that is unreliable, cross-examining witnesses, and presenting evidence that supports your defense. Your attorney will also negotiate with prosecutors to try to get your charges reduced or dismissed if possible.

Conclusion

If you've been charged with a crime in Phoenix, it's crucial that you find a skilled and experienced criminal defense attorney who can help you navigate the legal system and protect your rights. The consequences of a conviction can be devastating, but with the right attorney on your side, you can improve your chances of achieving a positive outcome. Contact a criminal defense attorney today to learn more.

Wrongful Conviction Criminal Defense Attorney

Share:

Read More

Driving Without a License in Arizona: Know the Penalties

The Consequences of Driving Without a License in Arizona

Driving without a valid license in the state of Arizona is a crime that has severe consequences for offenders. According to Arizona Revised Statute 28-3151, it is illegal to operate a vehicle without possessing and carrying a valid driver's license. Offenders can face significant penalties that vary depending on their situation.

What constitutes driving without a license?

Suppose a person operates a motor vehicle without a valid driver's license in Arizona. In that case, they could be charged with "driving without a license." People who drive without a license fall into two categories:

Never obtaining a license

Individuals who have never applied for a driver's license, failed to complete the necessary requirements, or failed the required driver's test do not have a license to drive legally.

Expired license

Arizona driver's licenses are valid until they expire, and after that, a person has ten business days to renew their license. Failing to renew the driving license within ten days makes it illegal for the person to operate a motor vehicle in Arizona.

What are the consequences for driving without a license in Arizona?

The penalties for driving without a license in Arizona depend on the offender's specific situation.

Fine

The initial penalty for driving without a license is a fine. The amount may vary depending on the circumstances, but the baseline amount is $500.

Points on the driving record

Driving without a license adds three points to the offender's driving record. The accumulation of points can lead to further penalties, including license suspension, or even revocation.

Vehicle impoundment

Driving without a license may result in the offender's vehicle being impounded. This results in additional costs to the offender, as they will have to pay to have their vehicle released from impoundment

Higher insurance premiums

Having points on a driving record can result in increased insurance premiums. The cost of this varies by driver and insurance policy, but it could be up to hundreds of dollars per year for offenders.

Probation and Jail time

In some cases, driving without a license may lead to probation for a set duration. If the offender repeatedly breaks the conditions of probation, they may end up with jail time ultimately.

Criminal Record

Driving without a license in Arizona is a criminal offense, leading to a permanent criminal record, which could adversely affect the offender's future job prospects.

What can you do If you are driving without a license?

If you find yourself driving without a valid license in Arizona, the best thing to do is to rectify that situation immediately by getting a valid driver's license.

People who fail to renew their driver's licenses before the ten days expire can renew their licenses by paying a $10 late fee on top of the regular renewal fee.

If the person never had a driver's license, they can apply for one at the Arizona Department of Transportation Motor Vehicle Division. They will have to pass a written and driving test.

Conclusion

Driving without a valid license in Arizona can have severe consequences, including fines, drivers' license points, vehicle impoundment, increased insurance premiums, criminal records, probation, and even jail time. This is why it is better to comply with the Arizona state law by possessing a valid driver's license.

For further reading about driving without a license in Arizona, visit Driving Without a License in Arizona Article.

Share:

Read More

Types of Property Crime in Arizona: An Overview

Feature Article

Property crime is a serious problem in Arizona. Understanding the different types of property crime that occur in the state is crucial in preventing and reducing such offenses. From vandalism to burglary, property crimes can range from minor incidents to major offenses that result in significant financial losses. In this feature article, we will explore the various types of property crimes that are prevalent in Arizona and what you can do to protect yourself and your property.

What Is Property Crime?

Property crime involves the theft or destruction of someone else's property, including homes, businesses, vehicles, bicycles, and personal belongings. Property crime can be categorized into four major types:

Burglary

Burglary involves the unlawful entry into a building or residence with the intent to commit a theft or any other felony. Burglary can occur even when the perpetrator does not succeed in stealing anything from the premises. This can range from merely trespassing to stealing valuable possessions, especially when the occupants are away.

Theft

Theft involves the unlawful taking of someone else's property without their permission and knowledge. The stolen property may include cash, jewelry, or any other material that holds value for an individual. Thefts can be classified into multiple categories, including petty theft, grand theft, and robbery.

Vandalism

Vandalism involves the intentional destruction of someone else's property. This property might include cars, buildings, public structures, or any other items that belong to someone else. Graffiti, destruction of property and other forms of damage can all be included under this category.

Arson

Arson is the intentional or reckless burning of another person's property. This can range from setting fire to a house, vehicle, or any other property. This crime can lead to property damage costs and pose a risk to the safety of people in the vicinity of the fire.

The Most Common Types of Property Crime in Arizona

While crime is never completely predictable, there are certain types of property crimes that are more common in Arizona. Some of the most typical property crimes include the following:

Vehicle Theft

Car theft is the most common property crime in Arizona, accounting for nearly 30% of all property crimes in the state of Arizona. Car theft perpetrators may be looking to sell the car on the black market or use it for their personal use. This type of crime is particularly challenging to combat given the sheer number of cars in Arizona and the many ways to sell or use a stolen car.

Burglary

Burglary is another common property crime in Arizona. Generally speaking, burglaries take place during the day, and the typical target is an empty house. Sometimes burglars are sophisticated, using technology to try and pick locks or find other ways into homes. Other thieves might use other means by brute force to gain entry into windows or doors.

Theft

Petty theft and shoplifting account for a significant number of property crimes in Arizona. These crimes typically involve stealing valuable items from grocery stores or retail businesses. Often, this is done by employees who have an opportunity to take things without proper accounting procedures. While these incidents may not involve a lot of value, they can still be damaging to businesses and individuals alike.

Vandalism

Vandalism is a major issue in Arizona cities' heavily populated areas, particularly in the form of graffiti. Tagging public buildings and commercial structures has become an unfortunate epidemic in many cities, and it can be difficult to catch those responsible.

Arson

Although not as frequent as the other types of property crime listed here, arson is still an issue in some Arizona communities. Arsonists may set fire to abandoned homes, wildfires, or other structures, posing a significant risk to community members and substantial financial costs to the state.

Identity Theft

Identity theft is a type of property crime that involves the unauthorized use of an individual's personal information, financial information, medical records, and other sensitive data. The perpetrator intends to use the victim's information for fraudulent purposes, which can range from obtaining credit to purchasing expensive items.

Insurance Fraud

Insurance fraud is another type of property crime in Arizona that involves falsely claiming a loss to an insurance company for financial gain. This type of property crime can occur in various forms, including fraudulent disability, false workers' compensation claims or fake vehicle accidents.

How to Protect Yourself from Property Crime in Arizona

The best defense against property crime in Arizona is to take precautions and be aware of your surroundings. Some tips that can assist include:

Be Mindful Of Your Situation

You can reduce your risk of falling victim to property crime by simply being mindful of your surroundings. Keep an eye out for suspicious activity, and if you notice anything unusual, call the authorities. Make sure that your family and other loved ones are also aware of this principle, and work together to report any potential risks.

Secure Your Home And Property

Prevention is the best defense against burglary and vandalism. Make sure your home is secure, and invest in outdoor lighting or security cameras. If you have valuable possessions at home, consider installing a fireproof safe or a burglar alarm system. Do not leave any valuable items in plain sight, especially in your car, which can be a tempting target for thieves.

Stay Up-To-Date With Technology

New technologies offer ways to deter thieves and reduce the likelihood of being targeted. Be sure to consider the latest technologies, like security alarms, and surveillance cameras to deter burglars.

Report Suspicious Activity

You can help law enforcement better monitor and cultivate a safer community by taking responsibility and reporting suspicious activity. Call the police if you see a suspicious car or person, and work with your neighbors to establish safe-neighborhood-watch programs.

Conclusion

Arizona residents must remain vigilant when it comes to property crime, given the prevalence and significant consequences of such offenses. By taking measures to prevent property crime and reporting any suspicious activity, we can help reduce the high rates of property crime in the state. We hope that this guide helps you better understand the types of property crime prevalent in Arizona, how to recognize them, and how to protect yourself and your property. Ultimately, by staying informed and working together, we can help create a safer and more secure community for everyone.

Types of Property Crime in Arizona-

Share:

Read More

Bankruptcy's Impact on Divorce and the Best Time to File

Feature Article: The Intersection of Bankruptcy and Divorce

Divorce and bankruptcy are two of the most stressful experiences an individual can endure. When combined, they can create a complicated and emotional web that is hard to unravel. In this article, we will explore how bankruptcy impacts divorce and when it might be appropriate to file joint bankruptcy before divorce proceedings begin.

Can Bankruptcy Save You Money in a Divorce?

Many couples going through a divorce are faced with a significant amount of debt that they must divide during the property settlement process. Depending on the circumstances, filing for bankruptcy before or during a divorce could help reduce the number of debts that must be divided.

Filing for bankruptcy jointly before a divorce can save money on filing fees and attorney costs. When filing jointly, you only need to pay once for a joint bankruptcy petition, as opposed to paying separate filing fees for individual bankruptcies. Jointly held debts, such as credit cards or medical bills, can also be discharged together, simplifying the divorce process.

Combined household income might qualify you for Chapter 7 bankruptcy, which typically discharges unsecured debts within 4-6 months. By discharging unsecured debts, the couple has fewer liabilities to divide during the divorce process.

The Impact of Automatic Stay on Divorce Proceedings

The automatic stay is a powerful tool in bankruptcy that temporarily halts all creditor collection actions, including a divorce proceeding involving assets in which both parties have a community interest. However, an automatic stay can also delay divorce proceedings, especially if marital assets are involved.

If a divorce proceeding is pending and one spouse files for bankruptcy, the automatic stay could stop the divorce proceeding until the bankruptcy is resolved. Depending on the timing of the bankruptcy, the division of assets may have to wait until the bankruptcy process concludes.

Furthermore, the bankruptcy trustee is primarily concerned with identifying assets to satisfy the debtor's outstanding obligations, rather than dividing assets based on community property laws. This means that the trustee may have control over the property division and could sell some or all of the property to satisfy creditors.

The Emotional Toll of Joint Bankruptcy During Divorce

Filing for bankruptcy can be overwhelming and emotionally taxing, particularly when divorce proceedings are also in progress. It can add additional stress to an already challenging situation.

One of the primary concerns of joint bankruptcy proceedings during an already strained marriage is the emotional toll that it can take on the individuals involved. The added stress of managing legal and financial matters during emotional turmoil can lead to increased tension and resentment between spouses.

It's essential to weigh the benefits and risks of filing for bankruptcy before or during a divorce, taking into account the unique circumstances of each case.

When Should You Consider Filing for Joint Bankruptcy?

There is no one-size-fits-all answer for when a couple should consider filing for joint bankruptcy. However, if you and your spouse are considering divorce and also facing significant debt, it's worth discussing the pros and cons of joint bankruptcy with a bankruptcy attorney.

If you're struggling to pay your debts, filing for bankruptcy can provide relief by discharging unsecured debts and stopping creditor collection actions. You may save time and money by filing jointly before divorce proceedings begin, rather than filing separately later.

However, it's crucial to remember that filing for bankruptcy can have long-term consequences, such as damaging your credit report and limiting access to credit. It's essential to work with an experienced bankruptcy attorney to explore your options and develop a personalized bankruptcy strategy that aligns with your goals.

Conclusion

Bankruptcy and divorce are both significant life events that can be stressful and emotionally draining. By understanding how bankruptcy impacts divorce proceedings, you can make informed decisions about when to file for bankruptcy and how to navigate the legal and emotional complexities of divorce.

If you're considering filing for joint bankruptcy before or during a divorce, it's important to consult with an experienced bankruptcy attorney. With the right legal guidance and support, you can emerge from bankruptcy and divorce with a fresh start and a brighter future.

Bankruptcy, Filing-CHM Law

Share:

Read More

Get to Know Attorney Alissa Warren: Her Background and Experience in Criminal Defense and Family Law

About Alissa Warren: A Profile Article

Alissa Warren is an attorney at CHM Law, having made a name for herself in both criminal defense and family law. As a service-connected U.S. Army veteran who served in the Military Police with the 855 MP Company on Sunnyslope, Alissa brings to her practice a unique perspective and a deep commitment to justice.

Background and Early Years

Born and raised in the Midwest, Alissa moved to the valley in 1997 and has made it her home ever since. She attended Arizona State University, where she earned a degree in Political Science before enlisting in the U.S. Army.

Military Service and Beyond

As a member of the Military Police, Alissa served in deployments to both Bosnia and Kosovo. Upon her return, she transitioned to a career in law and began working as a paralegal. Eventually, she decided to attend law school at the University of Arizona, graduating in 2008.

Criminal Defense and Family Law

With a wealth of legal experience and a deep belief in serving her clients with the utmost compassion and respect, Alissa has devoted her practice to defending individuals facing criminal charges and working with families on matters of divorce, custody, and child support. She is known for her tireless work ethic and her unwavering commitment to justice.

Civil Rights and Social Justice Advocacy

In addition to her legal work, Alissa is actively involved in promoting civil rights and social justice causes. She serves on the board of directors for a local nonprofit organization and is regularly involved in supporting pro bono legal services for underserved communities.

Personal Life

Outside of her work as an attorney, Alissa enjoys spending time with her family and her two dogs. She is an avid hiker and runner, often taking to the scenic trails of the local mountains in her free time.

Conclusion

Alissa Warren is a dedicated and compassionate attorney who brings a wealth of legal experience and a commitment to justice to every case she takes on. Whether working in criminal defense or family law, Alissa is known for her tireless work ethic and her unwavering dedication to helping her clients navigate the complexities of the legal system. Alissa Warren, Attorney

Share:

Read More

Using Field Sobriety Tests for Boating DUI in Arizona

Investigative Article: Uncovering the Legality and Efficacy of Field Sobriety Tests in Boating DUIs

Introduction

Boating under the influence (BUI) is a serious offense that poses a significant danger to both the operator of the watercraft and those sharing the waterways with them. To combat and deter BUIs, law enforcement agencies often utilize field sobriety tests (FSTs) on suspected boaters. However, the legal and practical implications of FSTs in boating DUIs have come under scrutiny. This investigative article delves into the legality, efficacy, and potential controversy surrounding FSTs in BUI cases.

The Legality of FSTs in Boating DUIs

FSTs aim to test a boater's balance, coordination, and cognitive abilities, which are often compromised under the influence of drugs or alcohol. However, the legality of FSTs in BUI cases varies by state. While some states have explicitly included FSTs as a permissible tool for determining BUI, others have not. In Arizona, for instance, law enforcement agencies can set up boating DUI checkpoints similar to roadside sobriety checkpoints to detect and deter OUI offenses on waterways. These checkpoints are legally upheld under guidelines that ensure they are conducted fairly. However, some critics argue that such checkpoints infringe on boaters' Fourth Amendment rights and may amount to unreasonable searches and seizures.

The Efficacy of FSTs in Boating DUIs

Even if FSTs are legally permissible, their effectiveness in accurately detecting BUI has been the subject of debate. Unlike standardized procedures for roadside sobriety tests, there is currently no standardized FST for BUI. Some commonly used FSTs for BUI include the one-leg stand, walk-and-turn, and horizontal gaze nystagmus. However, a study published in the Public Health Report found that FSTs are less effective in detecting BUI than breath tests. Another study published in the Journal of Safety Research found that FSTs may be particularly ineffective in detecting BUI in individuals who have a high tolerance for alcohol.

The Potential Controversy Surrounding FSTs in Boating DUIs

Apart from legal and practical considerations, FSTs in BUI cases may also face controversy and criticism due to their subjective nature. Unlike breath tests that rely on scientific measurements, FSTs largely rely on the observation and interpretation of law enforcement officers. Critics argue that there may be a high degree of subjectivity and bias in FSTs, which could lead to wrongful convictions and discriminatory enforcement. For instance, a study published in the Journal of Criminology and Criminal Justice found that African American and Hispanic boaters are more likely to be stopped and searched for BUI than White boaters, even though they are not more likely to be intoxicated.

The Importance of Balancing Public Safety and Civil Liberties

Given the legal and practical implications of FSTs in BUI cases, it is essential to balance the need for public safety with protecting civil liberties. While FSTs can be a useful tool for detecting and deterring BUI, they must be administered fairly and accurately. To achieve this, law enforcement agencies should prioritize training officers to administer FSTs accurately and without bias. Standardizing FST procedures and ensuring that they are supported by scientific research can also enhance their validity and reliability.

The Bottom Line

Boating under the influence is a serious offense that requires appropriate measures to detect and deter it. While FSTs can be a useful tool for this purpose, their legality, efficacy, and potential for controversy must be carefully considered. By balancing public safety concerns with civil liberties, law enforcement agencies can effectively use FSTs to combat BUI while preserving fairness and accuracy in the process. Field Sobriety Tests in Boating DUIs

Share:

Read More

Using Field Sobriety Tests for Boating DUIs: Guidelines and Checkpoints in Arizona

Feature Article: Understanding Field Sobriety Tests in Boating DUI

Introduction

Spending a day out on the water is a pleasant and relaxing experience. However, it can quickly turn into a nightmare if you decide to operate a boat while intoxicated. The law enforcement authorities have the power to set up boating DUI checkpoints to prevent drunk driving and ensure boaters' safety. In this feature article, we will explore field sobriety tests used in boating DUI incidents, their purpose, and how they are conducted.

What are Field Sobriety Tests?

Field sobriety tests are commonly used by law enforcement authorities to determine whether drivers are under the influence of drugs or alcohol. However, these tests are not limited to automobiles but also applied to boats. Field sobriety tests involve a series of physical and cognitive tasks that assess a person's ability to function normally. The tests used during boating DUI investigations are designed to test various motor and cognitive skills to determine if someone is impaired.

The Purpose of Field Sobriety Tests in Boating DUI

The primary objective of conducting field sobriety tests during boating DUI investigations is to establish probable cause for an arrest. The tests provide tangible evidence that can support an officer's suspicion of drunk driving. If an officer has reasonable cause to suspect that a boater is under the influence of drugs or alcohol, they will ask the boater to perform a series of physical and cognitive tasks. The boater's responses will help the officer determine whether intoxication is present.

The Different Types of Field Sobriety Tests Used in Boating DUI

The National Highway Traffic Safety Administration (NHTSA) provides guidelines on the three standardized field sobriety tests that are typically used to determine whether drivers are impaired. These tests are:

1. Horizontal Gaze Nystagmus Test

The horizontal gaze nystagmus (HGN) test checks a person's eye movements as they track a moving object, such as a pen or finger. During this test, an officer will look for involuntary jerking of the eye, which can occur due to an inner ear disturbance or the use of alcohol.

2. Walk-and-Turn Test

The walk-and-turn test requires a boater to take nine heel-to-toe steps along a straight line, turn on one foot, and return to the starting position. The officer will observe the boater's ability to follow instructions and maintain balance during the test.

3. One-Leg Stand Test

The one-leg stand test requires a boater to stand on one leg while raising the other leg to a certain height. During the test, the officer will look for a lack of balance, swaying, or the use of arms to maintain stability.

The Accuracy of Field Sobriety Tests

Field sobriety tests are not entirely accurate and can produce false results. Many factors can influence a person's performance during the test, such as age, medical conditions, physical fitness, and nervousness. It is crucial to note that these tests are not foolproof, and a qualified DUI lawyer can contest their validity in court.

What Happens if You Fail a Field Sobriety Test?

If you fail a field sobriety test, you may be placed under arrest for Boating Under the Influence (BUI). The results of these tests can be used to prosecute you in court, and being convicted of BUI can result in hefty fines, a suspended boating license, and possible jail time. It is essential to contact a qualified DUI attorney as soon as possible to help protect your legal rights.

The Importance of Safe Boating Practices

Boating while under the influence of drugs or alcohol is a serious offense that endangers everyone on the waterway. It is essential to practice safe boating habits to ensure the safety of all those enjoying the water. Boaters should avoid alcohol consumption while on the water and designate a sober operator or arrange transportation after drinking.

Conclusion

Boating DUI incidents can lead to tragic accidents that result in injury or loss of life. Field sobriety tests are an essential tool for law enforcement authorities to combat drunk driving on the water and keep us all safe. If you are facing a boating DUI charge, contact a qualified DUI attorney to help protect your legal rights. Field Sobriety Tests in Boating DUI

Share:

Read More