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Prescott Valley Criminal Law Blog

Domestic violence charges can restrict parenting time, custody

Getting charged with a crime of domestic violence, even if it is the first time a person has been in any kind of legal trouble, is a serious affair. In addition to having to face the possibility of jail time, probation and the like, a conviction on crimes related to domestic violence have far-reaching civil consequences. This is true even when the crimes one is accused of are classified as misdemeanors.

This blog has already talked about how domestic violence crimes can affect one's rights to own or possess a firearm. However, these crimes can also profoundly impact one's ability to have custody or even parenting time with his or her children. This is significant since many domestic violence cases begin when a couple is in the process of breaking up or has recently done so.

Obtaining a set-aside could forever change one's life

Many times, a person in Arizona who was convicted of a crime and has served their sentence may find that their criminal record is making it difficult for them to find housing and employment, as well as affecting other rights they may have. This is because the person's arrest is showing up when landlords, employers and others perform a background check on the person. Therefore, Arizonans in such situations may wish to have their convictions "set-aside."

A set-aside is not exactly the same as having a criminal record expunged, as it would be in other states. A set-aside does not erase the arrest entirely. Instead, the criminal record will note that there wasn't a conviction.

Arizona teen arrested after alleged dress code violation

School has started up for many across Arizona. While there are school rules to be followed, most students usually abide by them. However, one Arizona teenager was placed under arrest for reportedly violating his school's dress code and becoming disruptive. Specifically, the teen would not take off a blue bandana he was wearing.

The incident began when a teacher asked the teen to remove his bandana. The teen refused to do, stating he always wore a bandana and it did not cause any issues thus far. The teacher then threatened to notify the police. After lunch, an officer stopped the teen and told the teen bandanas were prohibited in the school. The police claimed the teen was disruptive, and that is why they took him into custody.

Was your teen arrested for underage DUI after tailgating?

The onset of fall means football games and high schoolers all over Prescott Valley queuing up for tailgate parties before their weekly games. Unfortunately, many tailgate parties involve underage drinking.

One study done at the University of Minnesota (UM) indicated that over 48 percent of those attending sporting events drink alcohol before or during the game or match. This applies across the board, but underage college and high school students are increasingly among the drinkers at these festivities.

When can the police arrest someone for domestic violence?

Allegations of domestic violence are undoubtedly serious, especially if a person finds themselves being accused of committing such acts. It is important that the accused's rights are protected in such situations, especially in light of when police can put a person under arrest on grounds of domestic violence.

Under Arizona law, the police do not need a warrant to arrest a person on grounds of domestic violence if the officer has probable cause to think that a crime of domestic violence has occurred, and that the person being arrested committed the act of violence. This can happen for both felony and misdemeanor offenses. In addition, it can happen even if the violent act did not take place in front of the police.

New policy will affect marijuana backpackers entering Arizona

Illegal drugs can enter the United States in a variety of ways. One way is for people to carry illegal drugs in backpacks across our nation's border. Recently, the U.S. government has significantly changed the way such cases will be prosecuted.

The U.S. Attorney's Office has instituted a policy change in which "marijuana backpackers" in Arizona will now be criminally charged not just for possessing drugs, but also for unlawfully crossing the border between the United States and Mexico. This has the potential to affect hundreds of individuals who are placed under arrest each year. The change in policy was reportedly due to the zero-tolerance policy the U.S. Department of Justice implemented earlier this year for unlawful border crossing.

Arizona electronic warrant program implemented state-wide

Generally, in order to draw blood after a traffic stop for drunk driving, police need a search warrant. This means they must take the driver to the substation, place the driver in a holding cell, have a second officer serve as a witness to a written affidavit and finally the police must locate a judge to issue the search warrant even if it's the middle of the night. This is to ensure that the search does not violate the driver's constitutional rights. However, police argue that the process is too costly in terms of time with regards to DUI charges when time is of the essence.

However, a 2012 program has been expanded that allows all police officers in Arizona to obtain an electronic search warrant via a software program using the Internet. This software makes it possible for police to obtain a search warrant within 10 minutes, according to the Governor's Office of Highway Safety. The aim of the program is to apprehend individuals who police believe are drunk driving in a more efficient manner.

Prostitution is illegal in Arizona and will be penalized

Law enforcement officials in Arizona will be on the lookout for those who they think are committing a sex crime. Being labeled a "prostitute" or being accused of patronizing a prostitute can have a serious effect on a person's personal and professional life. Therefore, it is important to know what constitutes the crime of prostitution in Arizona.

Under Arizona law, prostitution occurs when someone engages in sexual conduct, offers to engage in sexual conduct or agrees to engage in sexual conduct in exchange for a fee or other items of value. To prove the crime of prosecution was committed, the prosecution must prove three elements. First, there must be an offer to pay a fee or give someone an item of value. This payment must be intended to be in exchange for sexual conduct. Then, a substantial act in accordance to the offer must have been committed. Therefore, even if sexual conduct never actually occurred, if an act was taken in furtherance of the offer, a person could be charged with prostitution.

Is your teenager accused of graffiti or tagging?

Parents of Prescott Valley teens have to stay plugged into their kids' lives to ensure that they don't stray from the straight and narrow path into dangerous territory. But often parents are unaware of their offspring's illegal activities until they kids get arrested.

A typical crime that might wind up with your child's arrest is graffiti, or tagging. But parents (and many law enforcement agencies) make few distinctions between the two activities. Read on to learn the differences.

Fighting on behalf of those facing drug charges

Certain minor drug crimes, such as marijuana possession, are increasingly being decriminalized in states across the nation. Arizona, however, still takes a hard stance against drug offenses, from mere possession to drug manufacturing and trafficking. It is important that those who are accused of drug crimes in Arizona take action to defend themselves.

Although drug arrests are relatively common in the state, people arrested and charged with drug crimes still have legal rights. They have the right against unlawful searches and seizures, they have rights associated with the arrest process, such as Miranda Rights, and more. When a person is arrested and charged with drug crimes, it is important to collect all favorable evidence to determine whether that person's rights in connection to the arrest were violated.

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