» Entries tagged with "hearing"

A CPS Nightmare

The prosecutor scratched the charges because my client was not guilty of the crime. This wasn’t one of those maybe-she-did-it-but-we-can’t-prove-it cases. The sum of information available about what happened should have made it obvious to anyone with half a brain that my client did nothing wrong. She did not assault her daughter. My client’s innocence notwithstanding, some of the folks over at Arizona Child Protective Services, either lacking half a brain or bored with nothing to do, decided to meddle. “We just want to get your client’s side of things,” they said. I found out about the meeting exactly one business day before it was set to happen. I don’t represent people in dependencies. I attended the meeting with CPS because I never trust the government … Read entire article »

Filed under: Government Rants

"This Is Real"

I recently left the country to attend my sister’s wedding. That’s why I didn’t put up a post last week. It was actually the longest I’ve gone without putting in a full day of work since Adrian and I started the firm, and yesterday was my first full day back. Yesterday morning, I had what I consider to be an extremely important hearing. Although I wasn’t away from work for a particularly long time, it was long enough to make some of the feelings I get before big hearings or trials seem slightly foreign. The hour-long commute to court gave me plenty of time to think about what I was feeling. The thrill of going into court and making an argument you believe in on behalf of a … Read entire article »

Filed under: Practice in General

More on Victim Interviews

I started responding to some comments on this post, but I ended up writing way too much for one little comment. No harm in putting up another post, right? Anyway, to give you some background (for those of you who don’t like reading blog comments), I brought up in a comment that A.R.S. § 13-4433(B) says “the defendant, the defendant’s attorney or an agent of the defendant shall only initiate contact with the victim through the prosecutor’s office.” Andrew Becke asked: “is there a way to initiate contact with the victim through a motion to the court, thus requiring the prosecutor to respond in a pleading that the victim doesn’t want to talk? That might enhance their desire to be honest.” My answer would be that there are a few … Read entire article »

Filed under: Arizona Cases, Victim's Rights

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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