» Entries tagged with "probation"
No Pie For You
Bad manners aside, sitting at the dinner table and yelling “bring me some pie!” at your significant other while pounding your fists is probably not a criminal offense. Should you happen to have a knife in one hand while you pound your fists, however, you may be in big trouble. Significant others don’t like angry demands for pie, I’m told, and as a criminal defense lawyer, I’ve met quite a few people whose significant others love calling the police for the most trivial things. The story the 911 operator hears will invariably be embellished, and in my example, the angry companion would probably claim you somehow threatened her with the knife. She would say how scared she was. When officers arrive and haul you off to jail, … Read entire article »
Filed under: Arizona Statutes, Prosecutors
The Way They Think
I know a lot of nice prosecutors. I know prosecutors who care about justice. A few of them care about people too. Unfortunately, some of the other prosecutors I know don’t care much about anything except for hurting criminal defendants. The legislature gives them permission to ruin lives, and they relish the opportunity. One of my clients is charged with first-time DUI, and she has a very long history of medical problems. She’s had five back surgeries in the time I’ve represented her. She has to take special precautions just to make it through a day of work, and she sees doctors pretty much constantly. Spending a lot of time in jail would be disastrous for her health. I obtained documentation from medical … Read entire article »
Filed under: DUI, Prosecutors
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 »
Just Another Double-Standard
Clients who are interested in a plea usually want a probation plea. It should come as no surprise that most criminal defendants would love to avoid prison, and in Arizona, the potential range of prison for the charge underlying the conviction gets suspended while the defendant completes probation. Violate and you face the original prison sentencing range, but in the end, whether you ever end up facing any prison sentence at all is almost entirely in your hands. Probation isn’t all fun and games though. An Arizona criminal defendant can get up to a year in the county jail as part of probation. That’s especially tough considering that many county jails are terrible. Clients often tell me they’d rather spend a long time in state prison … Read entire article »
Filed under: Arizona Cases, Courts, Probation
Double Jeopardy Is Okay…If You Are a Native American
If you are Native American and commit a criminal offense on an Indian reservation, it can be a crime in both the Indian community and the federal system. As a result of the United States Supreme Court’s decisions on the matter, the Indian Civil Rights Act, and subsequent legislation, Indians can go to jail (technically, there are no prisons on Indian reservations) and federal prison for the same crime. They can also be fined twice for the same criminal act. The Supreme Court’s rationale is based on their interpretation of the source of Indian governments’ powers and how they interact with the U.S. Constitution. The Supreme Court was also understandably concerned that an Indian could quickly plead out in an Indian jurisdiction to avoid federal prosecution. This often leads … Read entire article »
Filed under: Indian Law, SCOTUS Cases
Victim Safety
Last year, I had in a Pinal County felony case where the plea agreement stipulated to probation and the state agreed to release my client to pretrial services at the time of the change of plea. After my client entered his change of plea, however, the court refused to release him, citing victim safety and the violent nature of the crime. When I later met with my client, he was irritated by the court’s ruling, but not for the reasons I expected. His question was, “if they’re so worried about the victim, why did they make him my cellmate?” My eyes grew big, and at first, I didn’t believe him. Later on, I found out that, sure enough, the victim had indeed been picked up by the … Read entire article »
Filed under: Clients, Courts, jail, Victim's Rights
Is Gilbert The New Castle Rock?
I recently had a change of plea for a DUI in Gilbert where I started to feel like I was in a Stephen King novel. Gilbert has several policies that seem extreme even in Maricopa County. Matt has previously pointed out Gilbert’s policy for vehicles impound in a previous post, so I’ll concentrate on two other aspects that irk me. First, the plea deal stipulates to five years of probation. In my opinion that is simply absurd. Why in the world does a first time offender need a probation period of 60 months? The judge was gracious enough to modify the terms so probation terminates upon completion of certain alcohol classes. An individual unlucky enough to get stuck with the full five years might be … Read entire article »
Filed under: Government Rants, Practice in General
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