Monday, August 21, 2017

Arizona Law on Bail

Article 2, §22(A) of the Arizona Constitution states:

All persons charged with crime shall be bailable by sufficient sureties, except:
  1. For capital offenses, sexual assault, sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age when the proof is evident or the presumption great.
  2. For 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. Originally seen published on http://www.azleg.gov/const/2/22.htm
  The Arizona Court of Appeals has held that defendants held pursuant to Art. 2, §22(A) are entitled to a bail hearing according to Simpson v. Owens, 207 Ariz. 261, 85 P.3d 478 (App. 2004). The hearing must have the following procedural safeguards: (1) the right to counsel; (2) the opportunity to testify and present information; (3) the opportunity to cross-examine opposing witnesses; (4) the statutory factors governing the preventive-detention decision-making process; (5) a requirement of findings of fact and a statement of reasons for the decision; and (6) a requirement of proof by clear and convincing evidence. See Id., 207 Ariz. 261, 274, 85 P.3d 478, 491. On February 9, 2017, the Supreme Court of Arizona held that Article 2 section 22(A)(1) of the Arizona Constitution and A.R.S. § 13-3961(A)(2)-(4) were unconstitutional because they violated the 14th Amendment due process guarantee in Simpson v. Miller, CR-16-0227-PR (¶ 2). The Court found that such defendants are instead subject to A.R.S. § 13-3961(D): “Because Martinez is charged with a felony, he would be subject to A.R.S. § 13-3961(D), which allows the court to deny bail on the state's motion if the court finds by clear and convincing evidence following a hearing that (1) "the person charged poses a substantial danger to another person or the community," (2) "no condition or combination of conditions of release may be imposed that will reasonably assure the safety of the other person or the community," and (3) "the proof is evident or the presumption great that the person committed the offense." This procedure is essentially the same as the one upheld in Salerno. Under this provision, the state may deploy the entire range of permissible conditions of release to ensure community safety, including GPS monitoring. The court may deny bail altogether for defendants for whom such conditions are inadequate, which may well include many or most defendants accused of sexual conduct with a minor under age fifteen. Under our reading of Salerno, the state may deny bail categorically for crimes that inherently demonstrate future dangerousness, when the proof is evident or presumption great that the defendant committed the crime. What it may not do, consistent with due process, is deny bail categorically for those accused of crimes that do not inherently predict future dangerousness. The State urges that we should not hold the challenged provisions unconstitutional on their face because they may not be unconstitutional in all instances. Seee.g., Salerno, 481 U.S. at 751. The State, however, is confusing the constitutionality of detention in specific cases with the requirement that it be imposed in all cases. Sexual conduct with a minor is always a serious crime. In many but not all instances, its commission may indicate a threat of future dangerousness toward the victim or others. But because it is not inherently predictive of future dangerousness, detention requires a case-specific inquiry. Accordingly, we hold that the provisions of article 2, section 22(A) of the Arizona Constitution and A.R.S. § 13-3961(A)(3), categorically denying bail for all persons charged with sexual conduct with a minor, are unconstitutional on their face. Defendants for whom future dangerousness is proved may still be held under A.R.S. § 13-3961(D) as set forth above.” ( ¶ ¶ 29-31). Arizona superior courts are following Simpson v. Miller by setting bond amounts and other release conditions for defendants previously held without bail under Article 2, section 22(A) of the Arizona Constitution. If you or a loved one is being held without bond, you need an experienced attorney to see if pretrial release is possible. Attorney Gary Rohlwing has over thirty years experience. Call him today for a free consultation.   Gary provides experienced criminal defense services in: Glendale Misdemeanor Criminal Defense Peoria Defense Lawyer Avondale Criminal Legal Assistance    

Arizona Law on Bail is available on http://www.criminal-duiattorney.com/blog/

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



from http://www.criminal-duiattorney.com/blog/criminal/arizona-law-on-bail/

Friday, August 11, 2017

Arizona State Criminal Courts Different Legal Articles

Article VI § 1 of the Arizona Constitution provides that Arizona’s integrated judicial department consists of “a supreme court, such intermediate appellate courts as may be provided by law, a superior court, such courts inferior to the superior court as may be provided by law, and justice courts.” Arizona state criminal courts are city courts, justice courts, superior courts, the Court of Appeals, and the Supreme Court. Arizona city courts hear misdemeanor and petty offense cases that occur within their city or town limits such as DUI, shoplifting, and domestic violence. Some city courts do not require that city court judges be attorneys. Arizona justice courts hear misdemeanor and criminal traffic cases that occur on the freeways, county land, or state land. There are 26 justice courts in Maricopa County. Arizona law allows individuals who are not attorneys to be elected as justice court judges. Arizona superior courts hear felony cases that occur in their particular county and misdemeanor cases that are otherwise not provided for by law according to Article VI § 14(4) of the Arizona Constitution. All superior court judges must be attorneys. Article VI §9 of the Arizona Constitution specifies that the jurisdiction, powers, duties and composition of the Court of Appeals shall be as provided by law. Arizona has two divisions of the Court of Appeals. Division One of the Court of Appeals hears appeals from cases originating in Maricopa County, Coconino County, Apache County, Yavapai County, Mohave County, La Paz County, Navajo County, and Yuma County while Division Two hears appeals from cases originating in Cochise, Gila, Graham, Greenlee, Pima, Pinal and Santa Cruz counties. A.R.S. § 12-120.21(A)(1) states that the Court of Appeals has appellate jurisdiction in all criminal actions except crimes for which a sentence of death has actually been imposed. A.R.S. § 13-4033(B) provides that a defendant may not appeal from a judgment or sentence that is entered pursuant to a plea agreement or an admission to a probation violation. Article VI § 5(3) states that the Supreme Court has appellate jurisdiction in all criminal actions except those originating in courts not of record unless the action involves the validity of a tax, impost, assessment, toll, statute or municipal ordinance. City courts and justice courts are considered courts not of record so any appeal has to challenge the validity of the statute or municipal ordinance under which the defendant was prosecuted. You need an experienced criminal defense attorney to help you through the criminal proceedings in the Arizona state criminal court system. Attorney Gary Rohlwing has over three decades of experience in the Arizona state criminal court system. Call him today for a free consultation.   Law Offices of Gary L Rohlwing 7112 N 55th Ave Glendale, AZ 85301 (623) 937-1692 http://www.criminal-duiattorney.com/ http://www.criminal-duiattorney.com/blog/

Arizona State Criminal Courts Different Legal Articles is republished from http://criminal-duiattorney.com/blog

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



from http://www.criminal-duiattorney.com/blog/criminal/arizona-state-criminal-courts-different-legal-articles/

Wednesday, August 2, 2017

Dealing with Stress When Your Charges Are Pending

Having pending criminal charges is extremely stressful.

Here are some practical ways to deal with the stress: Tell someone who believes in you about your charges. For most people, that is a spouse or significant other. A family member or friend is an excellent substitute if you don’t have a spouse or significant other. You will need this person for invaluable emotional support in the days ahead. Explore other ways to obtain money. You will probably need more money to pay your attorney, fines, and fees. Other ways to make money could include taking on extra work, getting a second job, obtaining a home equity line of credit, or signing up for contract work through guru.com. Brainstorm the potential problems a criminal conviction can cause you and try to solve them now. For example, you may need someone to take temporary custody of your child while you are incarcerated. You should reach out to family members now to solve this problem instead of waiting until after you are sentenced. Continue living your life without committing any more crimes. Don’t put your life on hold just because your criminal charges are pending. Plan fun events that you can enjoy and participate in now. These fun events should not involve drinking too much, using drugs, excessive spending, or any other activity that isn’t legal or moral. Eliminate unnecessary spending. Unnecessary spending causes additional stress that you don’t need. Some examples are cable TV, designer clothes, the latest iphone, gym membership, Starbucks coffee, buying DVDs, and eating out all the time. Brainstorm how to get your needs and wants met for little or no money. For example, you need and want to keep watching new DVD movies but have decided it’s unnecessary to keep buying them. Apply for a public library card and start checking them out for free instead. Hire an experienced defense attorney. His experience and compassion can relieve a great deal of stress. The Law Offices of Gary L. Rohlwing has over three decades of experience. Call him today for a free consultation. Learn more about Gary's practice areas by visiting http://www.criminal-duiattorney.com/practice-areas.html You may have noticed a common theme: these tips all require you to do something positive instead of sitting around worrying and feeling sorry for yourself. Doing something positive helps distract you from your stress. Many times, it will even relieve your stress. Try it!

The following post Dealing with Stress When Your Charges Are Pending is republished from www.criminal-duiattorney.com

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



from http://www.criminal-duiattorney.com/blog/criminal/dealing-with-stress-when-your-charges-are-pending/