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May 16, 2019
Posted on Author By dmcantor Categories Blog

Can I make payments on DUI fines in Arizona?

When you are convicted of DUI in Arizona or any other criminal charges, it is critical that you pay the court fines and fees on time. By not paying these or meeting the requirements of any payment arrangements, you can be required to serve jail time and may suffer even greater expense due to interest charges and other added fees. If you are facing charges, it is important to enlist the help of an experienced Arizona DUI criminal defense attorney. Such an attorney can help you throughout your case, even possibly helping you to gain lesser charges or reduced sentencing and fines.

Payment Options Do Exist for Defendants in Arizona

Arizona DUI defendants ordered to pay fines or fees can receive an option from the courts to pay the fees in Read More

May 6, 2019
Posted on Author By dmcantor Categories Blog

Arizona Mortgage Fraud Charges

The Subprime Lending and Mortgage Crisis effectively exposed one thing; mortgage fraud was rampant in the system. Since the end of the Great Recession and Global Financial Crisis, regulators began pursuing more seriously investigations and prosecutions of such crimes. In this article we look at the white collar crimes of mortgage fraud and equity skimming.

Federal Government Endeavors to Reduce Mortgage Fraud Across the Nation

The federal government quickly discovered that mortgage fraud and equity skimming were a national phenomenon. Congress enacted the Secure and Fair Enforcement Mortgage Licensing Act. This created a national system of mortgage registration and licensing protocols.

It also enabled prosecutors to go hard after mortgage fraud. The FBI Director Robert Mueller declared that the number of cases of mortgage fraud rose by almost 63 percent between years 2008 and July 2009. To go more effectively after these “white collar” criminals, Treasury Secretary Tim Geithner announced his Treasury Department would begin collaborating more intensively with the Federal Trade Commission, Department of Justice, Financial Crimes Enforcement Network, and Housing and Urban Development in order to effectively tackle mortgage fraud around the country.

The feds believed that such a multi-organizational approach to hunting down mortgage fraudsters would permit the federal government to successfully boost its enforcement, all the while raising consumer awareness of fraudulent and abusive schemes in existence.

Possible Penalties for Committing Mortgage Fraud

The government enacted severe penalties for such criminal behavior of mortgage fraud. The penalties can include large fines, seizure of business licenses, misdemeanor charges, and even criminal felony charges. With state and federal agencies working together to uncover and prosecute such criminals, the chances of people becoming caught has substantially increased.

The downside to this higher level of inter-agency communication lies in the higher odds for false accusations to arise. Attorneys with great experience in defending against such accusations of mortgage fraud come in handy for any business which feels that it is being improperly targeted for deceptive lending or fraudulent practices.

Click here to Read More About Mortgage Fraud

May 1, 2019
Posted on Author By dmcantor Categories Blog

What are the Child Abuse and Vulnerable Adult Abuse Laws in Arizona

Child Abuse and Vulnerable Adult Abuse (ARS §13-3623) are very serious charges and should not be taken lightly. They can carry significant, life-changing penalties and fines, not to mention including years of prison time. This article discusses what are the child abuse laws, possible defenses and an in depth look at the penalties.

In this video, David Cantor explains these charges:

What is Considered Abuse in the State of Arizona?

According to ARS §8-201, abuse is defined as follows:

The infliction or allowing of physical injury, impairment of bodily function or disfigurement or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist and is caused by the acts or omissions of an individual who has the care, custody and control of a child.

Abuse includes:

  1. Inflicting or allowing sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to ARS 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553, incest pursuant to section 13-3608 or child sex trafficking pursuant to section 13-3212.
  2.  Physical injury that results from permitting a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug as defined in section 13-3401.
  3.  Unreasonable confinement of a child.

What are some Defenses for Charges of Abuse?

In a child abuse, or vulnerable adult abuse, case in the State of Arizona, the biggest burden of proof is proof of intention. It must be proven that the Defendant meant to harm the victim. If that cannot be proven, the Defendant can get a less harsh conviction and sentence, or even be cleared of all charges. Majority of abuse charges in the State of Arizona are charged under “recklessness” or “negligence” standards because they may be easier to prove.

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April 22, 2019
Posted on Author By dmcantor Categories Blog

Dealing with a Forfeiture in Arizona

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. Read More

April 18, 2019
Posted on Author By dmcantor Categories Blog

Does having a DUI affect getting hired?

Finding a job in today’s economy can be tough. Although that is a difficult task on its own for the best of candidates, adding an Arizona DUI conviction to your record can make a job search even more problematic. At best, you may find yourself embarrassed about your poor decision-making that led to DUI charges. At worst, you may not be able to work in your chosen field, travel to other countries without extra hassles or maintain the trust of your peers when you do gain a position. Even just getting to work each day can be made difficult, if you have a suspended or revoked driver’s license.

If you are charged with DUI in Arizona, it is very important that you seek the advice of a licensed Arizona DUI defense attorney. Through the help of an experienced lawyer, you can fight the charges for a possible dismissal or reduction of those charges or reduced sentencing. Read More

March 28, 2019
Posted on Author By dmcantor Categories 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, 902 Chandler DUI Wins, Case Victories, Chandler City Court / Chandler Municipal Court Victories, Jury Trial Victories

State v. Ms. H (DMC No. 15700)

Not Guilty/Complete Acquittal at Jury Trial – DUI & DWI (.111 BAC) – State v. Ms. H (DMC No. 15700) – Mar 28, 2019 – Chandler City Court (Case No. 18-Z323921):  A civilian witness was traveling along South Tamarron Way in Chandler, Arizona when he saw a vehicle hit a pole after spinning out of control, raising a large cloud of dust.  By the time the civilian witness had come back to the scene, he had found Ms. H’s car empty with the door open.  When Officer Barker of the Chandler Police Department arrived, he interviewed the civilian witness.  The civilian witness did not see who was driving the car, and didn’t even know if the driver was a male or female.

As the Officer was finishing up, a gentleman came back to the scene with Ms. H.  This gentleman was Ms. H’s father.  Both had made statements to the officer that Ms. H was having shifting issues with her car, and that it had spun out of control.  The officer observed signs and symptoms of alcohol consumption, and began questioning Ms. H.  He ultimately arrested her for allegedly driving under the influence of alcohol and having the car accident.

At trial, the civilian witness testified that he did not see who driving the car.  In addition, the Officer testified that there were no injuries on Ms. H, or any other evidence that it would indicated that she was actually the driver of the car.  In fact, he admitted that the gentleman with her could have been the driver of the car.  Ultimately, all of those statements were suppressed due to lack of “Corpus Delicti”.  The Prosecutor had no further case and, in essence, they were forced to concede that they would lose the trial.  Before the Judge issued a Directive Verdict of Not Guilty, the Prosecutor filed a Motion to Dismiss all charges.  Because the jury had been sworn, double jeopardy attached and these charges are now gone forever in regards to Ms. H.

February 26, 2019
Posted on Author By dmcantor Categories Blog

Arizona Laws for Legally Cultivating Marijuana

You might think that because Arizona and Colorado are neighbors, that Arizona might adopt the same laws as Colorado when it comes to marijuana. However, this is not the case. Arizona has some of the strictest laws in the country. In November of 2016, there was a measure that would have legalized marijuana. It was called Proposition 205. It failed by a narrow margin, and Arizona still has some of the strongest laws known in the United States.

Rules for Possession of Marijuana

The only way that you can legally grow marijuana in the State of Arizona is if you have a medical marijuana ID card. This must be given only by a licensed MD., DO, or N.D. in Arizona. When you have a medical card, this will allow you to possess 2.5 ounces of medical marijuana (the dried flower, mixtures or preparations, such as resin or hashish, made from 2.5 ounces of dried flowers) every 2 weeks, and you will be allowed to grow up to 12 plants as long as you do not live within 25 miles of a dispensary.

Arizona marijuana is also known as cannabis. It is labeled as a Schedule 1 controlled substance. This law also includes all the different forms of marijuana, including concentrates and edibles. If you are caught with any form of cannabis, you will face a felony charge under the ARS 13-3405. The charges for possession of marijuana will depend on how much you have, and what the specific charge is.

Medical Marijuana in Arizona

Proposition 203 was first defeated in 2002 but the Arizona Medical Marijuana Act eventually passed in 2010 by the voters in Arizona. If you want to use medical marijuana in Arizona, you will have to be registered with the Arizona Department of Health Services, and have a registry identification card. To qualify you must:

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February 24, 2019
Posted on Author By dmcantor Categories Blog

How Long Can I Be Held in Custody by Law Enforcement?

In most cases, someone who is arrested will be taken into custody by law enforcement, processed into jail and then be formally charged with a crime before a judge during an arraignment hearing; but what happens if no formal charges are filed? Can the police hold you behind bars until they feel like taking action? How long do you have to wait before your case goes to trial? When should you involve a criminal defense attorney in your Arizona arrest case?

What Happens After an Arrest?

After an arrest, you are in a bit of a legal gray area. You have been taken into custody by law enforcement, but you have not been formally charged with a crime. As a result, you must remain in custody while awaiting charges for a period of time. If that time expires and you have not been charged, you must be released. While waiting, you will likely be brought before a magistrate judge who will determine your bail amount, if any. This differs from an arraignment in that, during an arraignment hearing, you are formally charged with a crime and are required to enter a plea. This is also when a trial date is set, and you will remain in jail until your trial.

If you are not charged within the hold period, you will not be arraigned, but a bail amount and the posting of bail may be required – see “how to post bail”. Once again, this is an area of legal limbo because you are still in jail while waiting to see what is going to happen, so you should contact your defense attorney as soon as possible after your arrest to ensure that you receive adequate representation from the start of the criminal justice process.

While Waiting in Jail:

  • Exercise your right against self-incrimination
  • Follow commands by law enforcement within legal boundaries
  • Contact your defense attorney
  • Know that you have not been formally charged with a crime until you have been arraigned

How Long Can You Be Held After an Arrest?

In Arizona, as well as in many other states, there is a limit of 48 hours after an arrest before formal charges have to be filed.

…Click Here to Read the Full Article

February 20, 2019
Posted on Author By dmcantor Categories Blog

What is Considered Aggravated Assault in Arizona?

A person may be charged with aggravated assault in Arizona if they have an altercation with another person. If you or a loved one has been charged with this crime or you’re concerned about being charged and you want to know more, you may find the following information helpful. You need to learn what assault means, how aggravated assault differs and the penalties that go along with the charge if you are convicted.

What is the Definition of Assault?

According to the Arizona Revised Statute, assault (see: ARS 13-1203) happens when someone attacks another person with the intent to do harm. Even someone who attempts to harm another person but doesn’t succeed could be charged with assault. This may be a misdemeanor or it can be upgraded to a felony charge, which has more serious repercussions.

Someone may be charged with assault whether they attacked the other person or both people were mutually fighting. The attacker may not have touched the other person, but they fear being attacked because of the person’s behavior.

An example of assault that doesn’t involve physical violence would be the following: Bill and Joe meet on the street and Bill lifts his hand in a fist as if he’s about to hit Joe. He yells, “I’m going to get you for what you did.” He could be charged with assault even though he hadn’t touched Joe, but the threat was real. Joe was frightened by the raised fist. If there had been no behavior or words, a charge of assault could not have been made even if Joe was afraid of Bill. It is the action of the person that makes the charge, not the reaction of the potential victim.

What Makes Assault Aggravated?

An assault may be labeled as aggravated for a few reasons. If there is an extenuating factor such as a weapon, it may be called aggravated assault (see: ARS 13-1204). Another factor that would turn an assault into something more is the relationship between the two people.

…Click Here to Read the Full Article

February 16, 2019
Posted on Author By dmcantor Categories Blog

What is Reasonable Suspicion to Search My Car?

If a police officer has pulled you over and searched your car, you may have had questions about what your rights are and what the police are allowed to do.

  • What do police officers need to pull me over?
  • Can they search my car even if I haven’t committed a crime?
  • What do I need to know to protect myself?

While the specific answers depend on the situation, there are four critical things that you need to know about reasonable suspicion and what rules the police must follow.

Watch this short video from David Cantor about “No Reasonable Suspicion to Stop”

1. What is Reasonable Suspicion to Search?

The only standard that a police officer needs to meet to pull your car over—which is also known as an investigatory stop—is reasonable suspicion, but what does that mean? Reasonable suspicion in its most basic sense says that “an officer has reasonable suspicion to believe that a crime has been committed.” While this standard may seem simple, reasonable suspicious contains other rules that must also be met.

Click Here to Read the Full Article…

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