State liquor agents say 189 people were arrested for underage drinking-related crimes at this month’s Country Thunder music festival in Florence.

The four-day outdoor event drew the attention of Arizona Department of Liquor Licenses and Control officers because underage drinking has been an ongoing problem at the event. Liquor control officers worked with state police to deploy between five and 20 officers at a time.

Liquor control Sgt. Wes Kuhl says many of the arrested underage drinkers had blood-alcohol levels more than twice the legal limit of .08 percent.

Those arrested were cited for being a minor in possession of alcohol, using a face ID to buy alcohol or furnishing alcohol to a minor.

The country music festival ran from April 12 through April 15.

via the Arizona Republic

For more information about Underage Drinking and various defenses click here.

Here are three cases in which the Law Offices of David Michael Cantor either had the case thrown out or reduced the charges to lesser offenses:

• DUI REDUCED to Reckless Driving – State v. Mr. M.
• DUI REDUCED to Reckless Driving – State v. Mr. H.
• Underage Drinking Dismissal

Photo Credit Ray Stern/Phoenix New Times

“Today, corruption has won and justice has lost,” [Andrew Thomas] said, according to the Arizona Republic. “The political witch hunt that’s just ended makes things worse by sending a chilling message to prosecutors: Those who take on the powerful will lose their livelihood.” via Arizona Republic

Isn’t the Nile a river in Africa? EJ Montini of the Arizona Republic was not impressed with Thomas’ play of the victim card, either.

You can read the entire Opinion here, its 240+ pages but has some nuggets worth reading. From the start this opinion wastes no time letting you know what they think of Mr. Thomas:

The way of a fool seems right to him, but a wise man listens to advice. A fool shows his annoyance at once, but a prudent man overlooks an insult. A truthful witness gives honest testimony, but a false witness tells lies. Proverbs 12:15–17.

I think we see where this is heading…

The opinion doesn’t let up at all and then finishes strong and unequivocally:

This is the story of three unethical attorneys, Andrew Thomas, Lisa Aubuchon, and to a lesser extent, Rachel Alexander. This is the story of County Attorneys who did not “let justice be done,” but rather, birthed injustice after injustice. This is the story of the public trust dishonored, desecrated, and defiled. This multi-year-wreck-of-a-ride, operated by Andrew Thomas and staffed by Aubuchon and Alexander, outrageously exploited power, flagrantly fostered fear, and disgracefully misused the law. By the time Andrew Thomas resigned, with his hopes of attaining higher public office and greater public trust, his legacy lay in a smoldering heap, its smoke slowly curling skyward like a prayer for relief.

This is not your typical legal opinion fare, this is the panel making a point: don’t go after judges unless you have facts to back it up.

If you are not familiar with this case we recommend checking out this Talking Points Memo post by Nick Martin.

Last but not least there is the Phoenix New Times who have covered this story in detail from the start. Considering Thomas had the papers owners locked up in 2007 their coverage should be no surprise. Paul Rubin has a nice write up today about some heros emerging from the Maricopa County Sheriffs Office.

Of course Thomas et all have 10 days to file an appeal which we are sure they will, stay tuned.

Here is a list of out posts covering this ordeal:

• Former Maricopa Prosecutor Lisa Aubuchon Pleads her Case
• Andrew Thomas Warned by Staff Not to Pursue Charges
• Andrew Thomas shows lack of Law Knowledge
• Cleaning up Thomas’ Mess: Rose Wilcox Case Dismissed
• Did Andrew Thomas use RICO funds illegally?
• Update on Andrew Thomas Disbarment Hearing

Sheriff Joe

The Sheriff is not a stranger to controversy during his time as lead of Maricopa County’s law enforcement. The highly criticized Sheriff recently made news again in March when he claimed that President Obama’s birth certificate was a forgery.

Although courts have confirmed that prosecutorial misconduct occurred in 91 Texas criminal cases between 2004 and 2008, not a single prosecutor among those has ever been disciplined for their misbehavior, according to new data compiled by the Innocence Proj­ect. (Allegations of prosecutor misconduct were raised in another 124 cases, but those issues were not ruled on by any court.) via Austin Chronicle

Considering Andrew Thomas’ State Bar hearings what are your thoughts about prosecutors acting badly? Do we give law enforcement too much slack when they break the law?

Hat Tip: ABA Journal Failure to Check Alcohol-Test Devices Could Put Up to 1,000 Calif. Drunk-Driving Convictions at Risk

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?

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.

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.

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

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.

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…

image credit to fireflythegreat

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!

• 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?

Image Credit to greenmelinda

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.

Image Credit to ElvertBarnes

The Court threw out the confession because although the police had given Doody his Miranda warnings, they did not cease questioning when he refused to answer and did not allow him access to his parents or an attorney. Doody was questioned for 6 hours without any break, and finally at 2:30 in the morning he confessed. His attorney, and many others, claim he falsely confessed because at that point he had no other option.

The Court of Appeals ordered that Doody’s confession be thrown out of the case, and Doody receive a new trial without the confession. The prosecution appealed that decision to the U.S. Supreme Court who rejected to hear that argument, allowing the 9th Circuit decision to stand. However, it is unlikely that the prosecution will be able to convict Doody without that confession, and he likely will be released. He has served almost 20 years in prison already.

Image Credit James Bowe

However, one reason most people are not aware of is that the contracts between the city and private companies who operate these cameras actually encourage the city to maintain unsafe intersections. Many of these contracts grant the red-light camera provider with a percentage of the money paid on the ticket. Thus, these companies want more money so often times build into their contracts a provision requiring the city to write a minimum number of tickets each year to drivers, or else pay the company a fine. Thus, the cities have an incentive to create shorter yellow-lights, and a disincentive to change the intersection to prevent less red-light running. One can only wonder where the money from our red-light tickets is going…

Image credit to ScriptingNews

The U.S. has 25% of the world’s prisons and spends a whopping $77 billion on prisons each year. However, these prisons rarely do their rehabilitative job efficiently and effectively, and many times only succeed in turning first-time non-violent offenders into life-long hardened criminals.

This Commission would seek to reform the prison system by changing the mentality that the only solution for every crime is jail or prison. With state and federal budgets in crisis, this Commission is long overdue. We cannot afford to continue wasting money on ineffective correction policies that do not work. So far, Republicans are attempting to block this Bill from passing by citing State’s rights. Write to your Senators and tell them that it is time to make our criminal justice system do its job, and limit prison to individuals who truly need to be there.

Image credit to Vectorportal

Rather than finding Agent Phillips conduct and testimony supportive of a finding of the existence of probable cause, this court finds Agent Phillips testimony, conduct and documentation illustrate a deliberate pattern of disregard for oaths taken, truth of the matter involved, wholly lacking in intellectual honesty, and exhibiting a deliberate intent to mislead all involved, particularly the prosecutors with whom he worked and who were relying upon his investigation and technical expertise in order to evaluate their case. Agent Phillips has displayed the very worst example of abuse and misuse of the power and trust bestowed upon a governmental agent, and has brought great shame upon the agency which had entrusted him with that power, responsibility, and authority . . . . It is sufficient for this Court to find Keith Phillips set out with a flagrant and reckless disregard of the rights of Hubert Vidrine, in that he deliberately controlled and skewed the investigation, falsified and sculpted reports and requests made to his superiors, mislead the prosecutor, gave patently false testimony under oath to the grand jury, made false verifications to this Court, all the while taking advantage of the opportunity he created to pursue his clandestine sexual affair with Agent Barnhill.

WOW.
Federal Agent Phillips made up charges and lied to create a case against an innocent man; this was evidence that a United States Attorney relied upon to prosecute Vidrine for a crime that didn’t exist. What was the purpose of all the lies? Phillips wanted to be able to continue a sexual affair with another federal agent.
WOW.
This is exactly why defense attorneys are necessary. Prosecutions are unfounded sometimes. People are innocent sometimes. Law enforcement officials lie sometimes. This is a fact of life, we are all human. So who is willing to stand up to these people who have such awesome power? Criminal defense attorneys. While some people may think this type of behavior is the exception, and not the rule, however true that may be, if you were Vidrine do you care?
(Hattip to Popehat.)