Brown & Little, P.L.C. » Archive
Post-Conviction Remedies
In Arizona, a defendant who pleads guilty cannot file a direct appeal. Instead, his only remedy is filing a Rule 32 Petition for Post-Conviction Relief. Most of my clients think that winning a petition for post-conviction relief is always a good thing. Unfortunately, in some cases, people may end up being worse off for having filed a successful petition. If I file a rule 32 petition arguing that a trial court did not have jurisdiction because the statute of limitations had expired, the case essentially goes away if the court of appeals agrees with me. Similarly, the state likely will not bother with a case if essential evidence is suppressed due to constitutional issues or if a criminal statute is held unconstitutional. However, a number of clients want … Read entire article »
Filed under: Post-Conviction
Is the Town of Gilbert in the Business of Stealing Cars?
If you are caught driving and have a revoked or suspended driver’s license, Gilbert will impound your car. The same is true if you never had a driver’s license, if you are arrested for Extreme DUI or Aggravated DUI, if you are under the legal drinking age and have any alcohol in your body, or if you are operating a vehicle without a certified ignition interlock device and you’re supposed to have one. Gilbert’s policy isn’t uncommon in Arizona. What is uncommon, at least as far as I can tell, is what Gilbert does after it takes your car. Take a second and read this. To me, it sounds like all you have to do to get your car back is show up on the 30th day, … Read entire article »
Filed under: Arizona Statutes, Government Rants
Felony Flight
In Arizona, a driver who “willfully flees” or “attempts to elude” a pursuing official law enforcement vehicle using an audible signal and lights is guilty of a class 5 felony. The only in-depth analysis of what “willfully flees” and “attempts to elude” mean came in a 1993 opinion from the Court of Appeals of Arizona, Division One. In State v. Fogarty, an officer tried to stop the defendant, who had been passing other traffic in a forty-miles-per-hour zone. The officer thought the defendant was going about fifty miles-per-hour and caught up with him at a red light. The light turned green, and the defendant drove ahead at about forty-five miles per hour. The officer turned on his flashing red lights, and after the defendant failed to stop … Read entire article »
Filed under: Arizona Cases, Arizona Statutes
No Current Registration
When an officer stops you and requests to see your registration, there are a number of possible outcomes. If you give the officer your registration and everything checks out, you’re obviously okay. On the other hand, if you do not have proof of registration because the car is not registered, you will owe hundreds of dollars. If you don’t have your registration in the vehicle but it is registered, you will likely owe well over a hundred dollars even if you provide the court with proof of registration. Although I personally think it’s absurd to fine someone for not having proof of something an officer could easily look up, the law is at least logical. You were obligated by law to carry something in your vehicle, and … Read entire article »
Filed under: Arizona Statutes, Government Rants
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