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Prescott Valley Criminal Law Blog

Can I get a set aside after a conviction in Arizona? Should I?

Residents who are arrested and convicted of a crime, many might think they have done what was necessary by completing the penalties, the case is over and they can move on. However, it is never a positive to have a criminal conviction on one's record no matter how minor it is. For more serious crimes, it can be significantly problematic even well after the fact. This is when it is wise to consider a set aside. It means that the case will no longer be on the person's record. Knowing how to get a set aside is a key part of a case.

To get a set aside after a criminal conviction, the person must have completed the sentence as it had been issued by the judge. The person cannot be on probation when seeking a set aside. If there were programs such as drug and alcohol rehabilitation or other requirements, these must have been completed as necessary to get a set aside. For those with two or more felony convictions -- whether they were sentenced to prison or not -- there is a two-year waiting period prior to file an application to get a set aside. The county where the conviction took place is where the filing must be made.

Two men face sex crimes after social media interactions with teen

People in Prescott Valley frequently use social media for various activities. Some will use it to try and meet people and engage in a relationship. There is nothing wrong with that. However, it can be difficult to know whether the person with whom an individual is communicating is of legal age to do so. This can result in exchanging photos and getting involved in situations that are illegal and can spark criminal charges. Being accused of cybercrime and sexual misconduct can cause major problems in a person's life and requires a strong legal defense.

Two men, 50 and 19, were arrested for allegations of engaging in sexual conduct with a 16-year-old girl. According to the charges, the men interacted with the girl and shared pornographic images and videos while in a chat room. Law enforcement met with the girl's mother after this was discovered. Deputies saw the images on her phone as well as the text of the discussion with the men. One of the men had bought her the phone and provided the messaging service. The men were accused of sending her images of themselves and she responded. She claimed that there had not been in-person sexual contact, but other videos insinuated that there was. The men were arrested and charged with various charges related to sexual contact with minors.

What if I am facing an investigation for voyeurism?

Seemingly everyone in Arizona has a smartphone and other devices with advanced photo and video-taking abilities. This can lead to the recording and sharing of whatever the person wants to capture and showing it to others in person or online. As with anything else, this can also take a negative turn into illegality. People who are accused of voyeurism can have their personal life upended with a severe damage to reputation and significant legal consequences.

When accused of voyeurism, it is imperative to have help from a law firm that handles sex crimes and any allegation that falls into that category. Invading the privacy of another while they are unaware of it to gain sexual stimulation is considered a violation under this law. Disclosing, displaying, distributing or publishing photos, videos, films or digital recordings is illegal.

What are the elements of drug possession crimes in Arizona?

Arizonans who are arrested on drug charges must remember the penalties and the long-term consequences that accompany a conviction. This is true whether it is a person who is facing arrest for trafficking drugs, distributing drugs, selling it at a low level, or is simply accused of drug possession. There are many factors that are part of lodging a strong defense after an arrest for drug possession. Understanding the elements of these drug crimes when the case is prosecuted can be important to the defense.

When the arrest is made, it is important to determine whether the person was in knowing possession of the drug or not. If the person is in the location where the drugs were found, it is not sufficient for a conviction. Law enforcement must connect the person to the drugs so the reasonable inference can be made that the person was aware that the drug was there. It is also necessary for it to be proven that the person was in control of the drugs. Simply having a usable quantity is not part of this requirement and is not needed for there to be a conviction.

Driving while under the influence of drugs is a crime in Arizona

Driving while under the influence of alcohol is a common offense, and it is one that law enforcement officials are well prepared to deal with during a traffic stop. Most police departments have breath testing equipment, as well as access to other chemical tests, that can definitively show that someone had alcohol in their system at the time of their arrest.

Some people mistakenly believe that because there are no roadside breath tests currently available for other drugs -- ranging from illegal substances like methamphetamine to prescription medication like benzodiazepines -- that they can drive while under the influence of these substances without risk.

Woman accused of delivering meth arrested on drug offenses

Being charged with drug offenses in Prescott Valley and throughout Arizona carries serious consequences. The type of drugs the person is accused of being involved with will largely dictate how serious the potential penalties are. For example, people who are accused of possessing marijuana for personal use will not be treated as harshly if there is a conviction as those who are accused of manufacturing, selling and distributing a drug like methamphetamine.

A woman, 38, was arrested for allegations that she was delivering methamphetamine in her vehicle. The vehicle, a white Dodge SUV, was stopped by law enforcement because of a basic violation with her registration. Upon investigating, the woman denied a request on the part of law enforcement to search her vehicle. A K9 unit gave an indication that there were drugs in the SUV. Upon searching, law enforcement said they found 2.2 kg (one pound) of methamphetamine. The value of the drug was estimated to be $9,000.

Men facing drug charges related to Fentanyl after traffic stop

Prescott Valley law enforcement is vigilant in its attempts to stop drugs from being a major problem in the area.

Even when there is an arrest on drug charges, however, it does not automatically mean that the accused is guilty. When the arrest is related to prescription medication, the case can be more complex. This is especially true with Fentanyl because the drug is viewed as so dangerous and potentially deadly.

When will a breath test be admissible in an Arizona DUI case?

Those in Prescott who are facing drunk driving charges might be thinking about how they can lodge an effective defense to avoid the harshest penalties. They might not be considering how some of the procedures that law enforcement used as part of the investigation, such as a field sobriety test or a breath test, will be considered when the case goes to trial.

Understanding the law for blood and breath tests and when they are admissible as evidence is important in this respect. When there is blood drawn in connection with a drunk driving investigation, it can only be done by a registered nurse, a physician or a person who is qualified to do so for blood-alcohol concentration determination. The person's qualifications are not a basic prerequisite for the determination made by the test to be admissible. Should a law enforcement officer order a breath test and the person is granted a chance to have a second test by a registered nurse, physician or qualified person, the sample is not required to be preserved to collected. Failing to give the opportunity to have the additional test does not mean the test given by the officer is inadmissible.

Could your teenager get caught up in drug trafficking?

When it comes to drug offenses, trafficking is far more serious than possession. It even eclipses charges of sale of illegal drugs due to the quantities that are involved in such a charge.

But perhaps the most serious of all charges is when an individual faces charges of smuggling drugs across an international border.

What are factors for drug offenses with drug paraphernalia?

In Prescott, people who are facing arrest for possession of drug paraphernalia could find themselves dealing with these allegations even if the items they had in their possession were not for drugs or drug use. Even those who might have had these items for drug use should know their rights under the law. According to Arizona law, there are certain factors that law enforcement and the court will consider when determining if the item is drug paraphernalia. These can be integral to a defense.

The following will be used to make the determination: the owner or person in control of the object will likely make statements regarding the item's use; if there were previous state or federal convictions of the owner or whomever is in control of the object; where the object was when in the proximity of the violation that was committed; where the object was in proximity to the drugs; and if there is circumstantial or direct evidence as to the owner's or person in control of the object's intentions to deliver it to those the person knows or should know will use it to violate the drug laws.

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