You don’t have to live in Maricopa County or even the state of Arizona to recognize the name Sheriff Joe Arpaio. He’s the one who keeps inmates in pink underwear in a tent city and who is a vocal critic of (what he says are illegal) Latin American immigrants. In their report, the Department of Justice accused Arpaio of a pattern of racial profiling and discrimination. And, they say their investigation isn’t over.

The DOJ investigation into the Maricopa County Sheriff’s Office (MCSO) began three years ago and it continues to this day. The feds became interested in Arpaio in the midst of countless complaints of racial profiling and over bias in his policing practices and policies. These complaints, the DOJ found, were based in fact.

One of Arpaio’s favorite practices, and one that the DOJ has particular problems with, is his immigration “sweeps,” in which he targets groups, neighborhoods and businesses in an effort to root out illegal immigrants. The problem is that the sweeps frequently target areas where there is no known illegals and instead may only be marked by a group of Latinos gathering outside.

Thomas Perez, in charge of the DOJ’s civil rights division, says, “Arpaio’s own actions have helped nurture MCSO’s culture of bias,” noting there are no policies in place to safeguard against such violations.

Arpaio, and his employees, has frequently been criticized for assuming anyone speaking Spanish or with brown skin is an illegal immigrant and worthy of detention until their immigration status is confirmed. U.S. citizens have been caught up in his sweeps and people have been held without any criminal cause.

Another area of concern is in the county jails, where inmates who don’t speak English are regularly berated and referred to with racial slurs. The language barriers are frequently used to punish non-English-speakers by sending them to segregation for failing to follow commands in a language they don’t understand.

Arpaio has until January 4^th to agree to make significant changes before the federal government sues him and the department and leaves the outcome in the hands of a judge. Such measures would also likely result in the loss of millions in federal funding. The MCSO will be required to set up policies against discrimination and improve training among other things.

But, the DOJ warns, their investigation isn’t over. They plan on continuing their look at reports of excessive force against Latinos, mishandled sex crime cases, and the damage that the office may have done to encourage witnesses and victims to come forward and report crimes.

When one of the top law enforcement agencies in your state is criticized for arresting and detaining people without criminal cause, it’s a real problem. There are certain procedures and laws that must be followed even when dealing with suspected criminals. If you’ve been charged with a crime and believe your rights were violated by the police, we may be able to help.

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Arizona has become the first state to begin charging friends and family who wish to visit loved ones in prison. Hardly a notable distinction, particularly since the fee is being misrepresented as a way to pay for the background checks associated with visitor application approvals. Anyone wishing to visit an inmate, however, will now be required to submit a one-time $25 fee with their application.

The fee is called a “background check fee” though the chief of staff for the state Senate has said the fee won’t go to pay for background checks at all. Instead Wendy Baldo admits “We were trying to cut the budget and think of ways that could help get some services for the Department of Corrections.” She goes on to say the fee won’t pay for background checks but will go into a fund for maintenance and repairs.

As a result of the fee and numerous families who have complained, a Tempe-based group called the Middle Ground Prison Reform, has filed suit against the Department, saying the fee is unconstitutional as it amounts to nothing more than a special tax on a single group of people. The same group has also filed suit in regards to another money-making fee for the state, one which charges 1% for every deposit made into an inmate’s account.

Prison isn’t a walk in the park and small things can make the difference between an inmate being motivated to change and one who walks out as the same person who entered. Things like visits, letters, phone calls, and even employment within the walls can keep an inmate positive and can facilitate rehabilitation, reducing recidivism. When you make it more difficult for the incarcerated to have any positivity in prison, it doesn’t only hurt them, it potentially impacts public safety.

The Department of Corrections refuses to comment on the fee as there is pending litigation. They have also not released whether or not visitation numbers have changed since the implementation of the fee. However, it seems that most families would be willing to pay, if possible, in order to provide some support to the loved ones that are in custody.

Interestingly, the state Department of Public Safety provides free background checks to individuals who want to know what’s on their own record, if they supply the fingerprints. I wonder what would happen if those applying for visitation would send a copy of their free background check in lieu of their $25 fee?

Once you are convicted of a crime, you will find this is only one of the more minor obstacles that you will face. The best thing to do is to avoid a conviction in the first place. If you are facing criminal charges, contact our offices today to discuss the details of your case and what can be done.

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Last year voters in Arizona approved a measure allowing the sick to legally engage in marijuana consumption. Governor Brewer, opposed to the measure, reluctantly signed it into law. But to date, there are no real clear regulations on how these card holding, medically approved patients are supposed to get their marijuana.

Essentially, the new law allows for people to consume marijuana once they obtain medical clearance. However, it doesn’t give them any indication of how they are supposed to get it. Brewer put a stop to dispensaries, requesting a federal judge to review the new law before giving the green light to these medical marijuana retail establishments. In the meantime, unofficial marijuana “clubs” have popped up in an effort to serve patients who otherwise aren’t sure where to turn.

More than 7,500 cards have been issued thus far by the state according to the New York Times. But no licenses have been issued to dispensaries. Brewer’s apparent concern is that the medical marijuana law violates federal law and she’s filed suit in federal court asking for clarification.  Ironically, she took the other side of the argument in the battle between state vs. federal laws when it came to the Arizona Immigration Law. The same judge will be reviewing this case.

Since the passing of the law, some card-holding patients have had their homes raided in what the police say is an effort to uncover those that are using the law incorrectly.

Some understand the law to allow sale between cardholders. This has led to the development of marijuana clubs that allow for the purchase of pot between patients for a membership fee. Patients are, according to the law, allowed to grow their own marijuana.

Some are scared away from getting medical clearance for pot because they are scared of attracting the attention of law enforcement. It’s assumed that at least some of these folks would rather continue to smoke illegally than have their name added to a registry of patients.

However, the bottom line is, if you are not an approved medical marijuana card holder and you are caught with marijuana, you can be criminally charged. And because officials seem so opposed to the medical marijuana movement, you can bet they will not be going easy on marijuana offenders.

Arizona marijuana charges are notoriously harsh. If you are caught in possession of any amount under 2 pounds, you face felony charges and a potential year in prison.

If you are charged with possession of marijuana or any drug possession offense, you need an experienced criminal defense lawyer on your side. Contact my offices today to discuss your case.

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Hackers broke into a portion of Arizona’s Department of Public Safety’s network this past week, accessing emails and attachments from eight different officers. The group who has claimed responsibility says they hacked the files in protest of the state’s immigration law and that they will continue to release documents gained through their techniques in coming days. The Department is seeing this as a learning opportunity and a chance to strengthen their network.

Lulz Security, also called LulzSec, is a hacking group that’s claimed responsibility for the hack, as well as breaching Britain’s Serious Organized Crime Agency, and two Brazilian government websites. Investigators say tracking down the group will be difficult as their hacking skills have made it virtually impossible to trace them.

The emails that were hacked into belonged to eight different officers who worked in rural areas. DPS says these eight had not moved to a more updated email system, one that requires more complex passwords and frequent password resets. Obviously, they will soon be updated.

LulzSec has released some of the documents they obtained including emails, personal details about some officers, and other attachment documents.

“Hactivism” is a term used to describe hacking for political interest, as it seems this latest DPS hack was. Some hack, or break into secure computer networks, for profit or fun, but hactivism is committed to bring attention to something the hackers don’t feel is just within society. Encouraging each other online and giving out information via social networks, these hackers hope to give government agencies a major headache and possibly some embarrassment.

The LulzSec group broke both federal and Arizona state laws with their most recent attack. In Arizona the offense amounts to a Class 2 felony and carries 12.5 years in prison. Federally, it could bring 1 to 10 years. And while this seems appropriate, some are saying the latest hack could lead to lawmakers introducing harsher penalties for such offenses.

As is common when there is any high profile criminal offense, lawmakers jump in to promise tougher sanctions and protection of the public. While giving DPS some added finances to secure its aging system might not be a bad move, the House Speaker has already hinted at increasing penalties for hacking under state law.

The documents released thus far from the LulsSec cyber-attack are said to not be too sensitive. Because the group is only believed to have accessed the emails of these eight officers, the DPS says it is confident the larger servers were not compromised.

Whether you are accused of hacking or even computer fraud, a criminal defense attorney is your advocate within the system. Contact our offices today if you are facing criminal charges like these.

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When you’re booked into the Pinal County Jail, you won’t be only be providing fingerprints; you’ll now be subject to an iris scan. The county is the first in Arizona to implement the high tech iris-recognition technology and hopes it will help them track offenders both in and out of the jail.

The Inmate Recognition & Identification System (IRIS) will be used at the County Jail and will also be used on the county’s 700 registered sex offenders. Within the jail the system will ensure deputies don’t mistakenly release the wrong person (which occasionally happens with large populations, aliases, and people who frankly don’t want to be there).

But that isn’t where the use of the technology stops. Eventually, according to AZFamily.com, deputies would use their iPhones in the field to scan citizens, immediately retrieving their criminal history. It isn’t clear under what sort of circumstances the county believes they will be able to take iris scans in the field, though it seems they would only be constitutionally allowed as incident to arrest.

The database will take some time to build. Obviously, those people who have already cycled in and out of the jail won’t be in there. But beginning with jail intakes seems like a good place to start, since around 70% of offenders break the law again. Once populated, the IRIS database will make it impossible for offenders who are in the system to successfully use aliases to avoid arrest.

Pinal County isn’t alone, though they are the first in the state. Forty-six other states have the technology in place too, which means the information inputted here will be shared across state lines. The goal is to have the IRIS database be a complete nationwide repository, similar to the fingerprint database of the FBI.

You can be sure, whether you are arrested in Pinal County or another jurisdiction, even if the IRIS technology isn’t in place that you will be catalogued and watched. It’s hard to live down an arrest and even harder to live down a criminal conviction. Such things follow you for years.

If you are facing criminal charges, the best way to avoid this stigma is to avoid a conviction altogether. Contact my offices today for a consultation on your criminal case and to discuss your available options.

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If you’re ordered to pay restitution by a judge in a criminal case, you can expect that you will have to pay it, particularly if you were sentenced in Maricopa County. That county was recently recognized as one of the top five in the country on collecting money owed to victims. According to the Arizona Republic, the county collected about $500,000 in delinquent payments from 266 defendants since 2008.

The ranking was done by the National Center for Victims of Crime and Maricopa County’s recognition means other counties across the nation may soon be following their lead. So, what does Maricopa County do that other courts don’t? Well, they don’t take no for an answer.

Chronic non-payers are brought before the judge, sometimes on a monthly basis. They are asked things about their income, their bills, and even what kind of phone they use. “If they’re ordered to pay $100 a month and they come in with a BlackBerry, I know they’re paying $150 a month for a data plan,” said Superior Court Judge Roland Steinle.

Their payments are based on what they are able to pay. But, this doesn’t mean the defendants are given any breaks. The court will send representatives to their homes to see how they’re living if the judge feels it’s necessary to determine their ability to pay.

If they simply refuse to pay—jail time will be ordered.

It’s called Restitution-Enforcement Court and it’s a pretty unique program. But it seems to be working. Arizona’s Constitution states that victims are entitled to “prompt” restitution, and the court wants to see this be a reality.

Restitution is most often ordered in theft and fraud cases, where something of value is taken from a citizen and the defendant is ordered to repay them. But fines and court costs are commonplace in all criminal cases.

Penalties like these are just the tip of the iceberg when you are facing criminal charges. Jail or prison time is obviously the most feared consequence of a criminal act, but even probation and a suspended license can make your life difficult.

If you are charged with a crime and unsure of what to do, contact me to discuss your case today. An attorney consultation can provide insight into just what sort of sentence you might be facing and how you might be able to avoid the most serious of penalties.

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