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Blood Testing in DUI Cases

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Blood testing is becoming more and more popular when it comes to DUI testing. Instead of using the breath testing instruments, most of the law enforcement agencies are now taking blood tests. The officers in the state of Arizona are drawing the blood of the drivers themselves instead of sending them to a medical facility for the test. Not a very long time back, Arizona was the only state where the officers were required to draw the blood of the people who they suspected to be driving under the influence of alcohol. Even though people are not sure whether all officers are carrying out this test, Arizona has still made a name for itself for being a leading state where its officers carrying out blood tests and it has also influenced other states to follow this act.  Many Phoenix criminal defense attorneys have handled cases involving blood samples collected directly by the police.

 

Some Phoenix area DUI officers have been trained as phlebotomists and are regularly taking blood samples from DUI suspects themselves. Mostly, the officers are trained to draw blood and they use needles to take out the blood samples from the suspects. The tubes that they use to store the blood in contain an anticoagulant and preservative so that the blood test can give an accurate result. By using the preservative, bacteria will not grow in the blood. If bacteria grow in the blood then it will lead to the neo-genesis of alcohol present in the blood. Anticoagulant is added in the tube so that the blood that is collected will not clot.

 

There is a reason why the law prefers blood testing and this is because of the fact that this test can not be challenged by defense attorneys. This is because blood tests are more reliable than breath testing. There is a drawback of this kind of testing and it is that the process is a complicated one, costs more and the results take longer to obtain.  Nevertheless, a skilled Scottsdale DUI defense attorney may still be able to successfully attack the reliability of a blood test in a DUI case.

Keller sentenced to 4 years for smuggling prison contraband

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http://www.azcentral.com/news/articles/2009/10/30/20091030keller1030-on.html

A Phoenix Criminal Attorney who was addicted to methamphetamine allowed his dependence on the drug to cloud his judgment and as a result, he was sentenced to four years imprisonment on Friday. He was also sentenced to seven years probation for smuggling heroin and a cellular phone into a prison.  

 

The name of the Phoenix Criminal Lawyer is Jason Keller and he delivered the smuggled goods to a prisoner who belonged to a Mexican Mafia. This lawyer admitted to carrying out this illegal task during the proceeding at the Maricopa County Superior Court. He made an apology to his clients and his loved ones for dishonoring the legal profession.

 

Keller was a defense attorney and he admitted that he made the mistake of being abused by drugs even though he had seen his past clients making the same mistake. He said that he understood he had done a lot of damage and that he wanted to fix the damage. Keller also hoped that one day he would be able to redeem himself and that he was not of the opinion that being in the prison for a long term would be of any good.

 

The prosecutors wanted Keller to be in jail for up to a decade but Steven Lynch, the Commissioner, felt that the Keller was regretting his action and he also did not have any criminal record before. Moreover, the attorney was also a victim of substance abuse and was clinically depressed.

 

Lynch said that it was terrible and that he knew that the public knew it was a terrible thing to do. He also said that the benefit of the situation was that it was discovered sooner than later before any damage was made.

 

Keller's lawyer, Ulises Ferragut Jr., requested for a three-year sentence; which is the minimum permitted under a plea bargain.
http://www.myfoxphoenix.com/dpp/health/teen_dating_violence_law_09_30_2009

An ex-boyfriend shot his 17-year old girl friend Kaitlyn Sudberry in January 2008. Kaitlyn's mother Bobbi wanted the purview of the domestic laws in Arizona to be broadened; for this she fought a lone battle and on Wednesday her quest was turned into a law.

In January of the year 2008 when Kaitlyn was walking home back from school Daniel Byrd saw her and shot at her; after that he also shot himself. Daniel was also 17. Prior to Wednesday domestic law encompassed married people or those who had a child or were related by blood.

Daniel Byrd had been harassing Kaity from the time she broke off with him, he would trouble her in school and threaten to kill Kaity and himself. Kaity's mother had requested for her daughter's protection but it was not accepted as the boy and Kaity were not married. After Kaity's murder, Bobbi, Kaity's mother made it her objective in life to get the purview of the law to include people who were not in a marital relationship and on Wednesday the law came to be known as Kaity's law.

Earlier when either of the partners in a dating relationship became abusive or attempted harassment the law just allowed you to report a case of harassment, now those involved get as much protection as married couples do.  In fact, many domestic violence cases in Phoenix involve unmarried persons.

Allie Bones who assisted in the passing of the law stated that the person involved could be restricted from visiting your house, work or school. Kaity's mother feels proud whenever Kaity's law is mentioned though she wishes Kaity was with her and she wants people to remember Kaitlyn as her murder brought the law into effect. After years of struggle the purview of domestic violence in the state of Arizona has been broadened to include people not involved in a marital relationship.

A memorial has been created at the spot where Kaity was killed at 36th Ave, Cactus.

Cut & Paste DUI Police Reports

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http://www.duiblog.com/2004/10/30/xeroxed-dui-symptoms/

In several cases of DUI arrests it has been found that the police officer in charge had similar reports for all the arrest cases. Any Phoenix DUI attorney will tell you that many law enforcers are not so honest when they are making DUI reports. This is particularly evident in reports that show report similar symptoms in all DUI cases.

For example, portions of the reports seem common when discussing how the driver fumbled for his wallet, had bloodshot eyes and claimed he had consumed two beers before driving.

With the use of computer technology, it is all too easy for police officer to simply "cut and paste" boilerplate portions of their report from one case to the next.  Not surprisingly, the claims included in the "Xeroxed" reports seldom involves observations that could independently be confirmed or debunked - such as the odor of alcohol on the drivers breath.

In fact, I have personally seen DUI police reports wherein the officer was so lazy, he neglected to remove the name of a previous arrestee when transferring portions of that report into my client's report.  Many drivers charged with DUI in Scottsdale or Phoenix have the misconception that there is nothing that can be done to avoid a DUI conviction if their blood or breath test is over a .08%.  It is important to keep in mind that regardless of how high one's BAC might be, there are always potential defenses that can be asserted which arise from the reasonableness of the officer's conduct when initiating the traffic stop and placing you under arrest.  Because these types of issues all to often hinge on the credibility of the officers in-court testimony, it is important to explore any aspects of the case which demonstrate that the reports were not completed accurately or completely.  Identifying "Xeroxed" symptoms can be a very helpful step in that process.

Prison sentences in Arizona may be reduced

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http://www.azcentral.com/news/articles/2009/10/16/20091016agencycuts1017.html

In light of the ongoing budgetary issues facing the State of Arizona, the Governor requested reports from several state agencies, including the Arizona Department of Corrections, containing proposals on how they could trim their budgets 15%.  The governor's office made it clear that none of the proposals are currently being considered however the recently released details are causing quite a stir nonetheless.

The Arizona Department of Corrections is the official name for the state agency that runs our prison system.  In Arizona, persons convicted of felony offenses such as possession of drugs for sale and aggravated dui may be required to serve a prison sentence as part of their punishment.  There are several facilities located throughout the state and most persons don't know where they were serve the sentence for their criminal offense until after they are taken into department of corrections custody.

Arizona currently allows most inmates to earn early release credits which permits them to be released after roughly 85% of their sentence has been served.  For years, there have been myths and rumors spread throughout the Phoenix criminal justice system and Maricopa county jail that this number would be reduced to 65%.  Unfortunately, this rumor was nothing more than a hoax completely devoid of any truth - at least until now (maybe).

Included among the potential cost savings proposals submitted by the Department includes a increase in the amount of early release credits that an inmate can earn.  According to news reports, this proposed modification could mean that prisoners could be sent home after serving as little as 50% of their time.  It remains to be seen whether the Governor will adopt any of the proposed changes but most Phoenix Criminal Attorneys will be watching the issue closely.

There really is no "Legal Limit" in Arizona

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Two years ago this week Arizona brought in the most stringent DUI laws throughout United States. In the month of September in the year 2007, a law was passed that required drivers in Arizona who had been convicted of DUI to get their cars fitted with equipment called Ignition Interlock Devices if they wanted to continue driving.

The enforcement of the DUI laws in Arizona stirred a great controversy and the laws have caused endless debates. Are the laws too stringent, is it wrong to enjoy some wine with dinner. If interpreted literally even .03 concentration of alcohol in blood BAC) could be the basis for a DUI charge if the person's ability to drive is nevertheless impaired to the slightest degree.

 

Irrespective of the controversy the enforcement of the law has stirred one thing is absolutely clear - under no circumstance can you drive if you are impaired even to the slightest degree.  In Arizona, a DUI conviction (even for a first offense) mandates a jail sentence and the requirement that an ignition interlock device be installed in your car or at least one year.  Not to mention that a DUI or other criminal conviction can be an obstacle to future educational and employment opportunities.  With so much at stake, it makes sense to hire a Phoenix or Scottsdale DUI attorney if you are facing charges.

 

Everyone agrees that alcohol and drugs can impair one's ability to drive and make it unsafe for them to get behind the wheel.  Proponents of the newly enacted DUI laws argue that it reflects the seriousness of the danger posed to the public when one drives in a drunken state. They assert that people are adhering to these laws because they realize that it is easier to abide the law then to face the harsh consequences of a DUI conviction.


source:  http://www.statepress.com/node/7747



http://www.azcentral.com/arizonarepublic/local/articles/2009/09/26/20090926attorney0926.html

The County Attorney's office in Maricopa County charged a defense attorney of allegedly attempting to smuggle narcotics to prison inmates who were linked to the Mexican Mafia.

A 42 year old Defense Attorney, David Decosta was accused of assisting in the use of contraband in prisons and also helping a gang of street criminals. The drugs in question were Heroin and Methamphetamine.

As per the statements of eyewitnesses and the documents submitted in court, David Decosta, on September 18, tried to smuggle drugs that were affixed a note pad that he used to document legal points to one of his clients whom he was representing called Jesse Alejandro.

Another 19 year old woman, Emily Keen who is supposed to be Jesse Alejandro's girl friend was also accused of the same offence. According to documents submitted in court David confessed that Emily Keen granted sexual favors in lieu of his smuggling drugs to the prison inmates.

Jesse Alejandro who is 24 years of age has been convicted of car theft and is waiting for trial on those charges. He has also been charged in a conspiracy of a first degree murder. He was also accused of selling drugs inside the prisons.

Another attorney who was representing Alejandro was also accused of smuggling drugs to prison inmates. Decosta is the second such Phoenix Criminal defense attorney.

In the murder conspiracy case Alejandro was represented by Jason Keller a 35 year old Defense Attorney. He was convicted in Sept 2008 when he was caught in Closed Circuit cameras smuggling a mobile phone and narcotics to prison inmates who belonged to the Mexican Drug Mafia. Alejandro was also one of the accused in the case.

Keller acceded to the charges and pleaded guilty of assisting in the promotion of drugs in the prison. In the sentence that is to be announced on Oct 30, he would be sentenced to rigorous imprisonment for 3 to 12 ½ years. 

Keller also accepted in court that he was an addict of methamphetamine when he attempted to smuggle them.

Five Men Involved in Drug Trafficking Sentenced

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http://www.abc15.com/content/news/phoenixmetro/central/story/AZ-U-S-Attorney-Five-men-sentenced-for-meth/Sgf0HSku6EyE0U4axhCxpA.cspx

Recently five men in Phoenix were sentenced to imprisonment because they pleaded guilty on charges of drug trafficking. Theses charges were regarding use of methamphetamine in the Western part of Phoenix according to officials who arrested them.

 

According to Sandy Reynor who works for the U.S Attorney's Office an intensive investigation which carried on for months was conducted by the Drug Enforcement Administration. This investigation began in the early part of 2008 and these drug traffickers were being closely watched by the police agents.

 

Two men who were involved were originally from Mexico and got their haul of Methamphetamine from Mexico, the police informers learnt about there whereabouts by intercepting their phone calls, constant surveillance of their activities and issuing search warrants in their names.

 

The two men had arranged to get a haul of 6 pounds of the drug Methamphetamine to be delivered in one of their storage houses which was located in Avondale. These two men were later caught by the Drug Enforcement agents at the storage house in the month of June of 2008. This event occurred on June 9.

 

When the storage house located in Avondale was completely searched the Drug Enforcement Administration found that different types of weapons too were stored there. They found several assault riffles and fifteen hundred grams of Methamphetamine.

 

Search operations in another part of US of another storage house which the drug trafficking men used revealed $127,251 in cash and two weapons. The two men involved have been sentenced to imprisonment after they pleaded guilty in the case.

 

Joshua Davidson is a Phoenix Criminal Defense Attorney who represents individuals charged with all types of felony and misdemeanor offenses, including methamphetamine offenses.  Please contact his office today if you have been arrested or are under investigation.


Nine Year Old Boy May Be Tried For Sexual Assault

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In a horrific incident involving rape of an eight year old minor girl by a nine year old minor boy and his friends was being tried in court. When the boy's teacher testified in court that he had behavioral problems and always fought with other children he started crying in court. His attorney had to request a recess in court when the boy started crying. The boy's teacher reportedly stated that the boy had proved to be a challenge never completed his homework and got low grades.  In this incident along with this boy three other boys faced trial of gang rape. According to the police the girl who was eight year was lured by the boys to a shed in West Phoenix by being promised gum. The group of boys involved in the case belongs to refugee families from Liberia, a West African nation.

 

When the case was reported in the international media, there was a general outcry from all parts of the world particularly because the girl's father was ready to disown her as she had brought disgrace to the family. The matter was later settled by the family pastor who clarified that the remarks made by the girl's father were misinterpreted due to language barrier.

 

CPS has been assigned custody of the minor girl. The judge in the case is Dawn Bergin and after the hearing she was to decide whether the boy is fit for trial. Two psychiatrists decided that the boy was not. The judge has scheduled another hearing for the case in November. The boy was being represented by a phoenix criminal lawyer. Another fourteen year old is being tried in the case as an adult. A thirteen year old is being treated to face the trial, and a nine year old is being educated in procedures of the court in an attempt to rehabilitate him to be fit to stand trial.

-http://dailymail.com/ap/ApTopStories/200909290064

 

Joshua S. Davidson is a Phoenix Sex Crimes attorney who represents individuals accused of sexual assault and other sex related offenses.  Please call him today if you or a loved one is in need of representation

Sheriff's Office deputy chief held in contempt

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http://www.azcentral.com/community/phoenix/articles/2009/10/01/20091001contempt1001.html

The presiding criminal judge of the Maricopa County Superior Court issued an order today holding one if the sheriff's deputy chiefs in contempt of court and fined him over $10,000.  The contempt finding arises from a long standing dispute between the court and the sheriff's office who is responsible for transporting in custody inmates to court each day.  For well over a year, many inmates have not been transported to court, often causing delays for phoenix criminal defense attorneys, judges, witnesses, victims and others.  The sheriff's office claims that they are understaffed and financially unable to assign enough deputies to the prisoner transportation detail.  Of course, the sheriff is now claiming that the contempt finding is politically motivated by court officials who disagree with his illegal immigration policies.

Other critics are upset that the courts and the sheriffs office are wasting their time and money litigating these issues in court rather than investigating and processing criminal cases such as drug offenses, DUI, domestic violence and theft.