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Posts by: David

Dealing with a Forfeiture in Arizona

Property Seized by Police as Forfeiture

As unfair as it may sound, the government can confiscate property under criminal forfeiture or civil forfeiture. Civil forfeiture is to seize property used in criminal activity, although charges have not been filed. When civil forfeiture is executed, the property owner loses all right, title and interest in the property to the government. Property that can be confiscated under these rules include:

  • Contraband
  • Proceeds gained as part of illegal activity
  • Tools or instruments used to commit crime

Civil forfeiture is based upon the basic establishment of probable cause that the property was used to commit a crime. When such an action is brought against you for your property, the time to contest the forfeiture is limited. Property may be seized through execution of a search warrant, whether there are criminal charges or convictions, or not.

Since 1985, over $7 billion dollars in property has been forfeited to the federal government. State governments also seize property for cases, with Arizona being frequently and heavily criticized in the media for having very aggressive forfeiture laws.

Having an experienced Arizona forfeiture attorney on your side will possibly enable you to gain the return of your property. The risk involved includes the possibility of having to pay attorney fees for the government, in addition to other costs, should you lose your case. (more…)

How to Post Bail at Maricopa County Jail in Phoenix, Arizona

Many people wonder how the bail bond process works at the Maricopa County Jail (also 4th Avenue Jail or Madison Street Jail) in Phoenix. To summarize, a judge uses a matrix form to determine how to best proceed in the matter of bail for an individual alleged offender. The offender’s matrix form takes individual court history into account and bail amount is determined according to the following factors:

  • Whether the person has failed to appear for a case in the past
  • Seriousness of the offense
  • Whether the individual is on probation
  • Other factors regarding personal character and risk toward re-appearing in court

The judge may determine that the individual can be released on his or her own recognizance. There may be a bond, or they may be non-bondable. Being non-bondable means they must remain in jail throughout their court process. Capital murder cases and those involving crimes against children are non-bondable. (more…)

In Arizona, What Is “No Actual Physical Control”

No Actual Physical Control

A conviction of a DUI, driving under the influence of alcohol or drugs in the state of Arizona, is reliant on proof that you were actually driving the vehicle while intoxicated. Where things become a bit “gray” is under the term of “no actual physical control”. No actual physical control is a confusing concept to many drivers in the state.

The definition of actual physical control of a vehicle is determined under a variety of factors with the courts using “totality of the circumstances” to determine whether a driver had actual physical control of their vehicle while intoxicated. If actual physical control is deemed to have existed, then a DUI charge can be enforced.

When you are facing DUI charges, it is very important that you have an experienced lawyer on your side. David Michael Cantor is a Phoenix DUI attorney who has helped change the laws of the state of Arizona in regard to actual physical control. The case which resulted in changes for all state residents was State v. Love, heard in the Supreme Court of Arizona in 1995. If you are up against DUI charges and penalties, the Law Offices of David Michael Cantor can help you win your case. (more…)

What is the Admin Per Se, Implied Consent Form?

Arizona Admin Per Se for DUI

When a driver in Arizona is suspected of driving under the influence of alcohol or drugs (DUI), that driver is provided with an Administrative Per Se Implied Consent Affidavit. Also know as the “Admin Per Se Form”, this Affidavit is a combination of Arizona DUI laws pertaining to ARS 28-1321 and ARS 28-1385 of the Arizona Revised Statutes.

The Admin Per Se Implied Consent Affidavit is a restatement of laws applying to arrest and suspicion of DUI, particularly that the person must consent to a breath, blood or urine test at the officer’s discretion. Drivers are first exposed to these laws when they obtain their driver’s license. Without individual signed consent at the time of licensure, a driver is not permitted a license.

If you have been charged with a DUI, speak with a DUI defense attorney immediately.
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Just as the Miranda Rights are always required to be read as an indication of individual rights and procedure during arrest, the Admin Per Se Implied Consent Affidavit is read to the arrested party, suspected of DUI, to remind them that they have already – by nature of having an Arizona driver’s license – provided consent for chemical testing when suspected of a DUI. (more…)

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