Brown & Little, P.L.C. » Entries tagged with "DOC"

DUI, What Should Be a Lesser Included Offense, and a Common Trial Defense

I previously wrote about the fact that, in Arizona, you do not have to be driving to get a DUI. I’ve also written quite a few times in the past about lesser-included offenses and Arizona courts’ unwillingness to give juries the option of finding defendants guilty of less serious but potentially more appropriate offenses at trial. A fairly old opinion from the Court of Appeals of Arizona, Division One, combines those two things in a way that might be pretty amusing if it weren’t so scary. In the opinion, the court said that aggravated DUI, which means DUI with a suspended license, does not contain the lesser offense of driving on a suspended license. The court’s reasoning was that aggravated DUI does not require proof of actual driving … Read entire article »

Filed under: DUI

No Harm in Asking, Right?

I have a little list of things to do and not do that I give people who are going to speak at or write letters for a client’s sentencing. I pieced it together from various sources and have continued to add to it for the past three years. Clients’ families, friends, and employers tend to find the guidance helpful, and I often provide it to other defense lawyers when they ask. It isn’t anything special, but it covers most of the bases. One section seems to hang people up more than anything else. It’s the section having to do with not making unreasonable requests, and it says this: Be realistic. Do not ask for probation if it is a prison plea. If the minimum prison term … Read entire article »

Filed under: Clients, Courts

A Lie or Just Misleading?

In previous posts, I complained about having to trust prosecutors to set up victim interviews. In case you don’t feel like clicking on the links, I’ll summarize: in Arizona, defense attorneys have to ask the prosecutor to ask the victim if he or she wants to talk to them. As I discussed in those posts, there are a lot of problems with that. I recently encountered a situation that highlighted one big problem. The victim in one of my domestic violence cases has recanted. She is very eager to tell everyone, myself included, that she lied about what happened and wants the prosecutor to dismiss the charges. I know for a fact she told the prosecutor she wanted absolutely nothing to do with the case and … Read entire article »

Filed under: lawyers, Prosecutors, Victim's Rights

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