Update on Andrew Thomas Disbarment Hearing

On December 19th 2011 the Closing Arguments in the Disciplinary Hearing for Andrew Thomas, Lisa Aubuchon, and Rachel Alexander were submitted along with Independent Bar Counsel’s Findings of Fact and Conclusions of Law. As our regular followers know David has been following this story closely as it has proceeded starting Sept 12th of this year.

As David points out in the video the Arizona Supreme Court has posted two PDF’s on its website for the Closing Arguments and the Findings of Fact and Conclusions of Law. Here is the link to the page:
High Profile Case Update – Andrew Thomas Disbarment Hearing
Here are the links to the PDF’s:
12/19/11
*IBC Closing Arguments (PDF)
*IBC Findings of Fact and Conclusions of Law (PDF)

Respondents must then file their response by Friday, Jan. 16, 2012
Independent Bar Counsel will then file a reply to that response by Tuesday, Jan. 31, 2012.

By Supreme Court Rule, the panel then has 30 days to file their findings. Judge O’Neil announced that he will reconvene the hearing panel when the order is complete. A 24 hour notice will be given to all parties, media and the public about the hearing. The panel will announce their findings at this hearing and the full written opinion will be released to the public.

WATCH THE PROCEEDINGS
Archived video of the proceedings may be viewed here.

We will be watching closely and give you updates as they appear.

What do you think, should Andrew Thomas be disbarred?

Posted in Arizona Criminal Law, Current News | Leave a comment

CityScape goes Rockefeller with Christmas Ice Rink

Ice Rink at CityScape

Ice Rink at CityScape

Tis the Season to be Jolly and Phoenix is no exception. This year CityScape, the newest skyscraper in downtown Phoenix and home to the Law Offices of David Michael Cantor and Cantor Law Group, has once again built an ice rink in the center of its large commons area. You can see a wide angle shot of the rink, Christmas Tree, and skyrise’s that make up CityScape on the right.
Here are the details for the ice rink at CityScape:

Starts: Saturday, November 26,2011
Ends: Wednesday, January 11,2012
Location: Patriots Square
Real ice in Downtown Phoenix? The outdoor NRG Ice Rink returns on November 26th and will feature a larger rink, visits from Santa and holiday entertainment.

NRG Ice rink admission is $10 and includes skate rental.
Groups of 10+ are $8 per person

$1 from each skate rental will be donated to a different local charity each week.

Recieve a coupon with each skate rental to access special deals at several CityScape retailers and restaurants.

November 26 through December 18:
-Monday through Friday, 5pm to 11pm
-Saturday and Sunday, 3pm to 11pm

December 19 through December 31:
-Noon to 11pm daily
-Christmas Eve from Noon to 5pm
-Christmas Day from 1pm to 5pm
-New Year’s Eve Noon to 1am
-CLOSED New Years Day

January 2 through January 11:
-Monday through Friday, 5pm to 11pm
-Saturday and Sunday, 3pm to 11pm

Please contact CityScape for further information: 602.772.3900 or email Elena Fernandez.

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AZ DUI Task Force Winter 2011

Today’s Video is a reminder that the Phoenix Metro area Winter Holiday 2011 DUI task force comes into effect this Thanksgiving weekend.

Between 10pm and 2am for the next 7 weeks police in the Phoenix Metro area will be pulling over all traffic infractions. If you get pulled over and have been drinking be sure to immediately ask to speak to your lawyer.

Remember the best way to avoid having to call the Law Offices of David Michael Cantor over the holidays is to either have a designated driver or take a cab.

(UPDATE)Here are the official Details:

The Phoenix Police Department is participating in the Eat Valley DUI Task Force this holiday season. In addition to East Valley, the Phoenix Police Trafic Bureau will be delploying DUI Motor Officers, DUI Vans and operators citywide in support of this annual hioliday enforcement campaign.

The Phoenix Police Department will once again use a citywide deployment model to strategically place DUI Vans and Motor Officers in each precinct each Wednesday, through Saturday nights. During the month of December, DUI Vans will be set up for processing at each of the pre-determined locations listed below, and will serve as command post/processing areas in each precinct. Motor officers will be assigned in the same area at athe cans and Spanish speakers will be available at most locations.

Patrol officers are encouraged to bring all arrested DUI suspects to the command post in their precinct and all arrests will be counted as part of the 2011 East Valley Holiday DUI Task Force to combat impaired driving.

Precinct Command Post Locations:
Cactus Park(900) – 2710 W. Thunderbird in QT parking lot
Squaw Peak (700) – 1610 E. Highland in QT parking lot
Desert Horizon (600) – 4011 E. Greenway Rd. in QT parking lot
Central City (500) – 3130 E. Thomas Rd. N/S
South Mountain (400) – Souther Command Station parking lot
Maryvale(800) – 1155 N. 51st Ave in the QT parking lot

On Saturday, December 17th, and Thursday, December 29th, 2011, the Command Post for the Squaw Peak Precinct will be located at the Devonshire Senior Center at 2802 E. Devonshire Dr.

Posted in Arizona DUI Law, Blog Posts | Leave a comment

Child Pornography Cases and Computer Forensics

Today David Michael Cantor, a Sex Crime Lawyer, based in Phoenix, AZ, discusses Child Pornography Cases and Computer Forensics.

As David mentioned in last years video post about Limewire closing down, more people are finding themselves on the wrong end of the law because of various file sharing programs. Almost immediately after Limewire closed the network was shifted over to Frostwire allowing people to continue to download files from other users computers easily and with unforeseen dangers. As David explains again, but in more detail in this video, when you download files from other peoples computers it is very easy to unknowingly download child pornography and other files that can result in decades of prison time.

In this video David goes into further technical detail about how various files end up on your computer. Even when you delete a file from your computer there can still be parts of the file on your computer that can be used as evidence against you.

If you do find yourself or someone you know in trouble for this type of activity it is important that you get competent and experienced legal representation. It is also critical that a computer forensics expert be involved as well.

Tami Loehrs: Computer Forensics Expert (520) 219-6807

Kim Hart: False Allegation of Abuse Trial Consultant (419) 868-6016

Posted in Blog Posts, Computer Crime, Law Cases, Sex Crime, video | Tagged | Leave a comment

Drug-Sniffing Dogs at Your Front Door? Florida SC says it IS a Search.

Picture of Drug Police DogThe Florida State Attorney General asked the U.S. Supreme Court to overturn a Florida Supreme Court case holding that police officers are required to have probable cause to use a drug dog to sniff outside your door. This case arose out of an investigation of a Miami house, where police were tipped off that the owner was growing marijuana. Surveillance and traditional investigation did not reveal anything, however the police then used drug sniffing dogs on the front porch which alerted them to the presence of marijuana emanating from the inside of the home. The Attorney General is arguing that the Florida decision is inconsistent with the Court’s jurisprudence in Illinois v. Caballes, holding that a dog sniff of a persons’ car was not a search within the 4th Amendment.

What does this all mean for you?

Well, as of right now, if police officers want to use a drug dog in their investigation of you, they don’t have to have probable cause that you have committed a crime. However, if the Supreme Court grants certiorari, here are the options (in an overly simplified form):

  1. Worst Case Scenario: The Supreme Court could reverse the Florida Supreme Court, and affirm Illinois v. Caballes, and state that police officer’s don’t need probable cause to use a drug sniffing dog on your front door, because you don’t have a reasonable expectation of privacy, and therefore there is not a search.
  2. Best Case Scenario: The Supreme Court could affirm the Florida Supreme Court, and could reverse their own decision in Illinois v. Caballes, and hold that drug sniffs by dogs do implicate the 4th Amendment, and require probable cause.
  3. Acceptable Scenario: Supreme Court could affirm Florida Supreme Court, and limit their holding to drug sniffs of the home require probable cause, or alternatively, refuse to hear the case at all.

Obviously, drug sniffing dogs have better senses of smell than humans; thus, they are a very powerful tool in police investigations. They can be used to alert the police to the presence of drugs in places that the police would not be able to enter without getting a search warrant. The drug dogs alert to their handler of the presence of drugs can also serve as a basis for these search warrants. It seems preposterous and counter-intuitive that police dogs are constitutionally allowed to be able to search somewhere or something that police officers cannot without a warrant. Hopefully someday soon, the Supreme Court will recognize that these dogs are a “search” within meaning of the 4th Amendment no matter where and when they are used.

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U.S. Supreme Court will Hear “Obamacare” Debate

Picture of the US Supreme Court Building from Outside

Image Credit to dbking

The Supreme Court has granted cert. to hear oral arguments about the constitutionality of the new healthcare law, Patient Protection and Affordable Care Act (aka “Obamacare”). The country is divided about the appropriateness of the law, and the Supreme Court will perhaps become the final decision-maker in determining whether this bill is allowed to stand. Both supporters and criticizers of the law are pressuring the Supreme Court to allow the debates to be televised, citing national importance as the justification. However, this would be a first for the Supreme Court and looks unlikely. Justice Kennedy is forecasted to be the deciding vote in this case when it is argued for a record 5.5 hours in March.
Shoutout to LegalTimes

Posted in US Supreme Court | Leave a comment

Think Before you Facebook Prank!

A women in New Jersey is being prosecuted for Identity Theft, not based on stealing credit cards, writing fake checks, or using false social security information however like we would normally think. The basis for her prosecution is that she created a fake Facebook account for her ex-boyfriend and posted nasty things about him on it.

It is unclear which laws allow someone to be prosecuted for creating one of these fake social media accounts, but it is safe to say that if the website is one where the user is claiming to be that person (as in Facebook), you SHOULD NOT ever create one pretending to be someone else, even as a joke!

So, if you really want to get even with your ex, you are going to have to think of a new way to embarrass them. The last thing you want is to end up giving them the last laugh by ending up in the slammer…

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D.C Requires Accountability for Breath-Test Operators

Picture of road sign for Fail Road

image credit to fireflythegreat

There is a lawsuit pending against the District of Columbia brought by people wrongly convicted of DUI based on improperly calibrated breathalyzer machines. In 2010, the District government announced the calibration on the Intoxilyzers had been flawed, which caused heightened breath-alcohol readings by as much as 30%. A federal district court judge refused to dismiss the charges against the person who was employed by the county and was responsible for the calibration checks and for fixing any problems. He had moved to dismiss the suit based on Immunity: claiming that since he was acting in his official capacity with the government, he could not be sued in his individual capacity. However, the judge denied that claim, allowing for him to be sued directly by the improperly convicted individuals.

Finally, some accountability in the DUI machine!

In Arizona, we also have people whose job it is to ensure that the breath-test machines are calibrated properly and to correct any problems that the machines may be having. At the Law Offices of David Michael Cantor, in Intoxilyzer cases we always interview these individuals to ensure that they have been keeping the machine up to date. A responsible defense attorney knows how important it is to keep on top of these officials!

Posted in Arizona DUI Law, Current News | Leave a comment

Portable Video Cameras- A Helpful Fashion Trend, or a Defendant’s Worst Nightmare?

Some cities have started outfitting their police officers with miniature video cameras to wear while on duty, that look like a radio. The purpose of these cameras is to videotape their encounters with suspects to be used as evidence at trial against the suspect, and also to refute any claims of police coercion or brutality. There is a heated debate about whether these cameras will result in more benefits to a defendant or whether the use of them will be more damaging.
As a benefit:

  • The video footage could be introduced to contradict testimony by a police officer that is inaccurate or untruthful.
  • The video can demonstrate an individuals’ tone and demeanor when reiterating what was said
  • The video can give a judge or jury a first-hand more clear picture of what occurred rather than being filtered through the eyes of a witness who may have a bias or personal motive to portray the story in a certain light

Detriments:

  • Potentially embarrassing images or charges can be immortalized in digital format. We would hope that the videos would not get leaked or end up in the wrong place, but once the image is created, there is a chance it could always become available to the public somehow.
  • The intrusion into personal privacy when every encounter, no matter how insignificant, is immortalized into videotape format. Not to mention how much other conduct or conversations could accidentally be recorded even though not the target of any investigation. It seems a bit Big Brother…
  • The prosecution does not have to rely on officer’s memories or reports about the defendant’s symptoms of impairment, conduct, or statements. They have hard evidence which can bolster the credibility of other unrecorded testimony by an officer that may be untruthful or inaccurate.

What do YOU think? Have you seen these cameras being used, and do you think it is a good idea?

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Things to do (and NOT to do) in a Police Encounter

Picture of a Police Man

Image Credit to greenmelinda

Many times people wonder what they are required by law to do when they are approached by a police officer. Here is a great post with three things every person should be aware of when dealing with police. At the Law Offices of David Michael Cantor, we think the most important thing you should know is that you always have the right to have an attorney present when you are being questioned by police officers. If an officer asks you to come down to the station to answer some questions, always ask them if you are being placed under arrest. If you are not, you are not required by law to go with the officers, and you SHOULD NOT GO with the officers, even if you are completely innocent.

The biggest mistake people make is to assume that since they are not guilty of any wrongdoing, that there is no harm in talking with police. In a perfect world, that would be a great assumption. However, in the real world, that is just not true. Literally, anything that you say can be used against you, in reference to this crime or to another crime. Your words, however innocent they may appear to you, can be twisted into a manner that you did not intend. If you are being questioned, always ask for an attorney and call us immediately. As the old cliché goes, it is much better to be safe than sorry.

Posted in Arizona Criminal Law, Arizona DUI Law, Blog Posts, Current News, Fourth Amendment | Leave a comment