» Entries tagged with "arrest"

Rock Bottom

At a hearing earlier this week, I mentioned to the judge how a police officer unfairly targeted my client. It seemed to me that the cop was clearly out to get him. The judge laughed, “he’s a motor; of course he’s out to get your client, those guys are out to get everyone.” The prosecutor laughed too. The judge then mentioned how he gets extremely nervous every time he’s driving his car and sees a “motor” sitting there on a motorcycle, just waiting to catch someone for something. “I keep my hands at ten and two, go under the speed limit, and only look straight ahead,” he joked. The prosecutor chimed in, “those guys will nail you for anything; they’d give their own mother … Read entire article »

Filed under: Government Rants

Picking the Wrong Lawyer

Yesterday wasn’t such a great day for me. After losing a bench trial I doubt I would’ve lost had it been in front of a jury, the judge informed my client the she had a bench warrant for failing to appear in another pending case in the same jurisdiction. There was a police officer waiting in the gallery to take her into custody. My client had hired one of those firms with billboards and posters everywhere to handle her first case. Dissatisfied with the representation, she hired me to handle the second. She complained about how hard it was to reach her other lawyer and how she felt he kept her in the dark about everything. My experience trying to stay in the loop with the … Read entire article »

Filed under: Clients, Courts, Ethics, Judges

Unimaginable Stupidity

There’s no shortage of government stupidity when it comes to DUI in general. However, there are some aspects where the ridiculousness of it all is really put on show. One of the silly little tests that armed enforcers like to coerce unsuspecting motorists into performing so that other government actors can later forcibly remove blood from the motorists’ bodies is called the “walk and turn” test. I think there’s a little extra government stupidity when it comes to that test. The officer begins administering the test by saying something like this: I want you to put your left foot on the line and then place your right foot in front of it. Don’t move until I tell you. Do you understand? When the suspect assumes the position, the officer continues … Read entire article »

Filed under: DUI

"Expunging"

People often call me to see if I can “expunge” an old criminal conviction for them. In Arizona, it’s called “setting aside” a conviction, and it’s a fairly simple process in most cases. Interestingly, it’s usually more difficult to seal a record of an arrest than it is to set aside a conviction. The only statutory provision on point merely permits a court to enter on the record that the person has been cleared and order that law enforcement agencies and courts no longer release the record. It seems a little strange to me that it takes more work to to seal a wrongful arrest than it does to set aside a rightful conviction. … Read entire article »

Filed under: Arizona Statutes

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