» Entries tagged with "prosecutor"

Discovery Fees

Some Arizona prosecuting agencies charge defense attorneys for copies of police reports and other discovery. For instance, the Maricopa County Attorney’s Office charges $0.25 per page. They have you sign an invoice when you pick up the discovery, then they send you a bill. Most Maricopa County defense attorneys I know have at least one delinquent discovery bill from the county attorney sitting around their office. There’s not much point in writing a check for a dollar or two. A friend of mine told me about a defense attorney who was 90 days delinquent on a bill for $1.50 and wanted to go to the county attorney with $0.55 and ask to be put on a payment plan for the remainder. I don’t like the county … Read entire article »

Filed under: Arizona Constitution, Procedural Rules, Prosecutors

Worst. Plea. Ever.

Until last September, if you were convicted of extreme DUI in Arizona, you would have to do thirty days in jail, all but ten of which could be suspended. Now, you must do the full thirty days. On top of that, if you’ve had another DUI within the past seven years, you are looking at a whopping 120 days of jail. None of it can be suspended. I recently had a client who got a DUI just before the law changed and had a prior DUI slightly over seven years old. By “slightly” I mean a matter of days. Because of the date of the offense, hers was a typical extreme DUI. No special enhancements applied, and neither did the crazy new law. Based … Read entire article »

Filed under: Arizona Statutes, DUI, Prosecutors

Deviations and Personal Circumstances

I often write deviation letters to prosecutors. That is especially important in Maricopa County Superior Court, where deputy county attorneys are forced to follow strict and often ridiculous plea bargaining guidelines. In my experience with deviation letters, I have found that letters citing constitutional issues or exculpatory evidence are far more likely to get a deviation than those citing a client’s mitigating personal circumstances. While I can understand that a prosecutor would rather offer a better bargain than lose a case, it concerns me that prosecutors do not give much weight to a client’s otherwise spotless background, bad health, or personal responsibilities. To me it seems that a strong case for the State involving aberrant behavior and a victimless crime should be just as worthy of … Read entire article »

Filed under: Practice in General, Prosecutors

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