People contact my office and say, “what is the difference between unlawful use of means of transportation and theft of means of transportation?”  Theft of means of Transportation is when you are intentionally depriving someone of their car/stealing a car to sell or to keep.  Unlawful use of means is when you borrowed a car without permission.  For example, joy riding or borrowing a roommate’s car and going to Vegas with it for a week; something of that nature.  Unlawful use of means of transportation is far less serious than theft of means of transportation but if you have been charged with either of these, contact us immediately.  We have been very successful at getting a reduction of these charges or getting them dismissed all together.  Give us a call if this applies to you at (602) 307-0808 for a Free Initial Consultation.

In Arizona there are five levels of homicide.  The highest is First Degree Murder with the notice to seek the death penalty; which is called Capital Murder.  Capital Murder is when the prosecutor is not only looking to prove the standard first degree premeditated homicide elements but also has alleged  aggravating factors which are qualified as heinous, cruel and depraved.  For example, torture, mutilation of a body after its dead and fear of the victim before they died, just to name a few.  Typically, they are situations that people normally only see on grotesque TV shows and SAW movies.

However, sometimes the state prosecutors allege a Capital Murder charge that is simply absurd.  For example, we had a client who was charged with Capital Murder when an infant died in her care at a day care center.  Our client professed her innocence from the beginning but despite that, she was facing death.  Our work on the case ultimately showed that the infant died from medical implications and all charges were dismissed with prejudice.

Second Degree Murder is when somebody is reckless with their standard of conduct.  An example of this would be when somebody takes a gun and decides to shoot a paper target, ignores the fact that behind the target is a school yard.  This is an example of someone having a very reckless standard of care.  Typically, these types of charges stem from reckless handling of a weapon, however, the state will sometimes charge people with Second Degree Murder for deaths resulting from a DUI collision.

Although that happens, DUI vehicular homicides are more appropriately charged at the next level down called Manslaughter.  That is a negligent standard of care rather than a Second Degree Murder which is a reckless standard of conduct.  Most of the time we can get Manslaughter reduced to the lowest level of homicide which is Negligent Homicide.  Negligent Homicide is when someone caused the death of another.  This is the lowest level of homicide and the penalty can be as little as probation with no jail.

Although some of these offenses are more serious than others, they all carry significant penalties.  You need an experienced criminal defense attorney who knows how to successfully defend the charges.

There are many defenses to all of these levels of homicide.  If you need help with a homicide charge, visit the Homicide page and contact us immediately.

This Fourth of July week will be one of the busiest for officers in Arizona and across the nation.  DUI and sobriety checkpoints will start on July 4^th and extend to Saturday July 6^th.  If you have been drinking and decide to drive, make sure that you have given yourself enough time after your last drink in order to not be impaired and to get your BAC level back under 0.08%.

 If you find yourself at one of these sobriety checkpoints and are not sure what your BAC level is, read our DUI do’s and don’ts HERE.  That page will provide you with all the knowledge necessary about what to do if stopped by law enforcement after you have been drinking. For example, don’t take the eye test or any coordination tests.  You are not required to do these and if the officer is asking you to do any test, chances are he/she is going to arrest you anyway.  The test results just help the prosecutors case.

The most important thing you MUST do is ask to speak with an attorney BEFORE agreeing to any test (breath, blood, etc.).   Put our phone number (602-307-0808) in your cell phone now and call us before speaking to police.

This blog post is to clear up the confusion between a Jury Trial and a Bench Trial.  There are significant differences between both trials.  A “Bench Trial” is a trial to the judge.  A misdemeanor “Jury Trial” has six (6) jurors and duration is normally one (1) to three (3) days long; depending on the jurisdiction.  Only eight cases are allowed to be misdemeanor jury trials.  These are DUI, shoplifting, theft, prostitution, solicitation of prostitution, public sexual indecency, reckless driving and indecent exposure.  These are the most serious misdemeanors, also known as crimes of “moral turpitude.”  Excluding the eight misdemeanors just listed, all other misdemeanors will be bench trials.

There are multiple differences between a bench and jury trial.  In some cases, a bench trial may be more beneficial than trying a case to a jury.  However, you should allow a skilled defense attorney to access your case before making that decision.  Judges often know what officers are “straight shooters” and which ones tend to bend the story.  They also know the difference between a good and bad police investigation.

The main difference between the two trials is that in Jury Trials, the jury has to decide whether you are “guilty beyond reasonable doubt”, “not guilty beyond a reasonable doubt”, or whether they are unable to reach a unanimous verdict; also known as a “hung” jury.  In a Bench Trial, the judge makes this decision.

Without a good private defense attorney to represent you, the conviction rate on a bench trial will be much higher and could be up to 20% higher with jury trials.  Credibility and a carefully crafted defense are two important attributes which an experienced defense attorney will bring to your case.

Contact DM Cantor today if you need assistance with a bench or jury trial.  To learn more, visit our Jury Trial or Bench Trial page and contact us now.