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» Arizona Constitution

Ex Post Facto Registration

I’ve written before about sex offender registration, which is required in Arizona for a variety of offenses. For many defendants, having to register is one of most unpalatable consequences of a conviction. It’s embarrassing. It forces them to remain in contact with the same evil government that rode roughshod over their rights to get a conviction in the first place. They end up living their lives being tracked like animals released into the wild, trying to move on but with a class four felony perpetually hanging over their heads. Strangely, people who accept a plea knowing they face registration may be the lucky ones. Many defendants with old Arizona convictions and people moving here from other states have ended up having to register even though they … Read entire article »

Filed under: Arizona Constitution, Sex Crimes, US Constitution

A Tricky Situation

Article 2, Section 22 of the Arizona Constitution says that “[a]ll persons charged with crime shall be bailable by sufficient sureties, except . . . [f]or felony offenses committed when the person charged is already admitted to bail on a separate felony charge and where the proof is evident or the presumption great as to the present charge.” Knowing that, what do you say when you know your client’s new offense was allegedly committed while he was out on bond for another felony offense and the judge asks, “counsel, do you have any recommendations regarding bond?” Does it matter if the same judge is assigned to the client’s other case and presumably knows that the client was out on bail when he or she supposedly committed the new offense? … Read entire article »

Filed under: Arizona Constitution, Clients, Courts, Ethics, Practice in General, Professionalism, Prosecutors

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

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