- Do I Have a Right to a Lawyer in a Misdemeanor Criminal CaseThe Sixth Amendment of the United States Constitution provides each person investigated or arrested by the police, or charged with a crime, the right to an attorney at “all critical stages of proceedings.” A few things to keep in mind at the outset.
- When do the Police Have to Advise Me of My Miranda RightsFirst of all, there is no absolute requirement that police ever have to give you Miranda warnings, when they arrest you. Only if they want to question you. Sometimes the police simply arrest you and don’t bother with the warnings and then don’t try to use your statements.
- Does the Prosecutor Have to Give Me All the Evidence that Helps My Case?On October 21, 2020, three months ago now, the President of the United States signed into law, maybe the only truly bi-partisan accomplishments of Congress over the last few years: The Due Process Protection Act of 2020 (“DPPA”) P.L. No. 116-182, 134 Stat. Ann. 894.
- Can I Get a DUI While My Vehicle is ParkedToday we’re going to talk about parked cars. Police sometimes approach you when you’ve legally parked a vehicle and are using it as a stationary shelter—i.e., you’ve had too much to drink perhaps, and you decide to pull off the road. Or not get on it in the first place. You’re doing the right thing—what the law says you should do. But then the police come upon you, claiming that it was a “check welfare” and arrest you for DUI even though you weren’t actually driving.
- License Plate Covers, Window Tinting, and Mud Flaps – DUI StopToday, we’re going to talk about four other types of questionable “equipment violations” that the police in Arizona tend to rely on for thin DUI stops: License Plate covers, window tinting, rear-view mirror hanging placards, and “mud flaps”
- Headlights, Taillights and Brake Lights – DUI StopHeadlights, taillights, brake lights, and license plate lights– claimed vehicle equipment lighting violations police tend to use as an excuse or pretext to stop a vehicle late at night and conduct a DUI investigation.
- Following Too Closely – Common DUI StopLast time, we spoke about one particular sometimes spurious excuse that DUI police in Arizona tend or in some cases love to use to justify late night stops: ARS 28-729.1 “touching” or momentarily “crossing” a lane divider. Today I want to speak with you about some other sometimes equally spurious reasons police use to justify late night DUI stops.
- DUI Stop for Weaving and SwervingSometimes the police commit the same traffic infractions themselves. The police transparently use these purported “infractions” as bold excuses (or “pretexts”), to investigate the drivers for DUI. And they have generally been very successful at it.
- Arizona Standard Conditions of Probation Now Include Warrantless Cell Phone SearchesRecently, the Arizona Supreme Court ruled that probationer’s cell phones are included in the definition “property” that is subject to warrantless searches and seizures, as long as the search is “reasonable under the totality of circumstances.”
- Loss of Airport Access Credentials -Secured Identification Display Area (SIDA) badgeIn 2015, TSA performed almost 13 million employee screenings for individuals requesting unescorted access to secured areas in airports. These credentials, called Secured Identification Display Area (SIDA) badges are necessary for everyone from pilots to janitorial workers that need regular access to areas in the airport that are behind the security checkpoint. While terrorism concerns provide the main justification for this coveted credential, the criminal history disqualifications are much more likely to affect your average applicant or employee.