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September 2009 Archives

Shooting victim alleges that police attempted a cover-up

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According to the family of Anthouny Arambulas, the police officers involved in his accidental shooting engaged in an attempted cover-up.  They allege that in a shoot out incident in Phoenix some city police officials shot Anthony Arambulas who had called 911 to report the entry of an intruder in their house who ran into their son's bedroom. Anthony who was worried about the safety of his son rushed into his room with a gun in hand. Anthony put the gun to the fugitive's head and held him at gunpoint while he made a call to 911 to report the matter. The fugitive had entered the house of the Arambulas by breaking the glass of the son's bedroom window. Some Phoenix police officials who were already in the area rushed to the Arambulas house on hearing the noise. They were chasing a fugitive in the area.

The police officials were met by Lesley Arambulas outside the house were she conveyed to Sgt. Coutts that her husband Anthony was inside the son's bedroom, Sgt. Coutts however failed to convey the message to his colleague Officer Brian Lilly who had already entered the house, on seeing Anthony with the gun he mistook him for the fugitive and shot him in the back six times. The police officials were however unaware that the 911 tape was rolling while they were shooting as prior to their entering the house.  Many commentators agree that had Arambulas returned fire in self-defense, he himself would require the services of a Phoenix Criminal Defense Attorney.

Anthony was on call with the 911 representative. When he was injured Anthony shouted that they had got the wrong man, this made officer Lilly realize that he had made a mistake and he can be heard swearing on record on 911 tape.  Later to cover up the police officials pretended that the Arambulas family were involved in a drug overhaul.

In their complaint at Maricopa County court, the Arambulas family has made charges of gross negligence and a deliberate attempt to incriminate them wrongly. They have sought the services of a Phoenix criminal Attorney to pursue  their civil claims against the city police officials. The case of the Arambulas will be represented by prominent Phoenix lawyer Michael Manning.

If you or a loved one is facing weapons charges and is seeking representation by a qualified Phoenix Weapons Misconduct Attorney, contact Joshua S. Davidson today.

Policeman in accidental shooting cleared by panel

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http://www.azcentral.com/arizonarepublic/local/articles/2009/09/26/20090926phxarambula0926.html

Last September a Phoenix police officer responded to a call of a home intruder and mistakingly fired 6 shots at the homeowner, believing that the man was the suspect.  The officer involved in the shooting was recently cleared by an internal police committee that reviews incident involving police officer shootings.   The man shot by the police and his family have filed a multi million dollar claim against the city through their phoenix attorney and allege that the internal review demeans the credibility of police review boards.

According to news reports, the homeowner was holding the criminal at gun point in the bedroom of his son when the police arrived.  Unfortunately, the police mistook him for the suspect and opened fire, striking him with multiple shots in the back.  Reportedly, the Phoenix public safety manager will review the boards findings and make an official determination with regard to the officer's shooting.

Phoenix Criminal Attorney Joshua Davidson handles all types of felony cases including weapons charges and trespassing.  Please call is office today for your initial consultation.
http://www.eacourier.com/articles/2009/09/22/news/breaking_news/doc4ab929a314304162585012.txt

Phoenix Criminal Defense Attorney David De Costa was arrested on Friday by Maricopa County Sheriff's Office Deputies after he allegedly transfered heroin and methamphetamine to a in-custody defendant during a hearing in the Maricopa County Superior Court.  The inmate's 19 year old girl friend is alleged to have provided sexual favors to Mr. De Costa in exchange for the drug transfers.

The inmate to whom Mr. De Costa allegedly gave the drugs is involved in another investigation involving another Phoenix Criminal Defense Lawyer - Jason Keller - who recently plead guilty to promoting prison contraband and is expected to be sentenced to prison in connection with a similar offense.

Mr. De Costa is a former prosecutor and reportedly at veteran of the United States Army.  He apparently was already on probation with State Bar of Arizona for an unrelated matter at the time of his recent arrest.

If you or a loved one are facing drug charges or have been accused of any crime, contact Attorney Joshua S. Davidson today.

In Kaufmann v. State of Arizona, Division Two of the Arizona Court of Appeals issued a decision yesterday involving a criminal case where the court ordered the criminal defense attorney to pay the attorney's fees of the prosecutor.  The case involved a defendant who was charged with possession of marijuana for sale and apparently cooperated with the police in connection with other investigations in exchange for leniency.  The defense lawyer requested that the prosecutor be held in contempt of court for allegedly not honoring whatever agreement had been reached.

 

The court found that the defense attorney's claims were baseless and ended up hold him in contempt.  As his punishment, the judge ordered him to pay the prosecution $499 in legal fees to the prosecution.  The attorney filed a special action with the Arizona Court of Appeals who reversed the order.  The court reversed the order on the grounds that Arizona criminal law does not permit a court to award attorney's fees as punishment for a contempt finding.

 

Most criminal defense attorneys in Phoenix and throughout Arizona anticipate that the judge will impose an alternative sentence against the lawyer after the case is returned to the Superior Court.

Ex-Chandler police officer in K-9 death suing Joe Arpaio

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http://www.azcentral.com/community/chandler/articles/2009/09/09/20090909lovejoysuit0909-ON.html

Former Chandler Police Department Sergeant Tom Lovejoy has filed a lawsuit against Sheriff Joe Arpaio and the Maricopa County Attorney's Office which is headed by Andrew Thomas.  Sgt Lovejoy was arrested by sheriff's deputies and charged with animal cruelty in connection with the death of his K9 parter.  Lovejoy accidentially left the dog in his car, causing the dog to die from heat exposure.

In a high-profile, politically motivated move, the prosecutor's office pursued criminal charges against Lovejoy however his criminal defense attorney successfully defended the case and he was acquitted at trial.  In his lawsuit, Lovejoy alleges that Thomas continued to pursue the case even after one of his animal abuse prosecutors expressed his belief that there was insufficient evidence to show that he intended the dog to die.  Moreover, neither the sheriff nor the county attorney's office pursued charges against three different sheriff's officers who caused their K9's to die in unrelated instances.


Fewer paying speed-camera tickets in Arizona

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http://www.azcentral.com/news/articles/2009/09/08/20090908dpsmonkey0908.html

As new photo radar machines continue to pop up throughout Arizona, drivers are become more creative in their attempt to avoid getting caught.  Take for example this individual (who is alleged to be Dave Vontesmar by the Arizona Department of Public Safety):

photoradar.jpgAccording to news reports, Mr. Vontesmar has been served with approximately 37 unpaid photo radar tickets, all of which depict a masked individual driving the vehicle.  Notwithstanding that the police apparently did a stake out and witnessed him placing a mask on his face on several occasions, the officers will be required to prove in court that Mr. Vontesmar is the individual driving the car in each of the photographs.

If found responsible, he could be facing several thousand dollars in fines and should probably consider engaging the services of a criminal defense lawyer.

If you or a loved one are facing DUI or other traffic related criminal offenses in Scottsdale or Phoenix Arizona, contact the Law Offices of Joshua S. Davidson today.

Arizona has some of the harshest DUI laws on the books, including a requirement of jail time and the installation of an ignition interlock device for all persons convicted of DUI - included a first offense.  If the blood or breath test yields a B.A.C. of .15% of over, DUI defendant can expect to be charged with the even more serious offense of extreme DUI.

Because charges of extreme DUI are becoming very commonplace in the Phoenix Municipal Court and those accused of that offense are facing a minimum of 30 to 45 days in jail, having an experienced extreme DUI attorney like Joshua S. Davidson is critical to protecting your rights and your freedom.  Many drivers charged with Extreme DUI are left with the false impression that there is little they can do to challenge their case because the blood or breath test result is "too high".  In reality, a Phoenix Extreme DUI Defense Attorney may be able to help you avoid jail and a conviction, regardless of what your BAC was.  For more information, please visit Extreme DUI Lawyer Joshua S. Davidson's new website:  www.phoenixextremeduiattorney.com.  

More Ariz. drunk drivers could pay for jail stays

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http://www.azcentral.com/news/articles/2009/09/07/20090907pimacounty-dui07-ON.html

According to news reports, officials from the Pima county sheriff's department have been meeting with judges and prosecutors in Tucson in hopes of convincing them to have DUI defendants charged for the costs of their jail time.  Although DUI law in Arizona has permitted judges to require reimbursement for jail cost from persons convicted of DUI, Tucson courts have apparently been reluctant to do that.

For many years in Phoenix, Scottsdale and throughout Maricopa County; however, individuals charged with DUI have routinely been hit up for jail costs for several years now.  Drivers facing DUI charges in Phoenix, Arizona might get lucky and have a DUI defense attorney who is able to convince the court to reduce the cost of their jail time.  Don't expect any such breaks in Scottsdale though.  Even though an extreme DUI in Scottsdale will require the payment of several thousand dollars worth of mandatory fines and assessments, Scottsdale Municipal Court judges will regularly impose an additional two to three thousand dollars worth of jails costs as well, depending on the amount of time the defendant is ordered to serve.

If you have been charged with a DUI in Phoenix or Scottsdale, please contact the Law Offices of Joshua S. Davidson today to see how we can help. 

Statewide DUI taskforce nets 780 arrests so far

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According to local newspaper reports, a statewide DUI task force began on August 21st and is scheduled to continued until after the Labor day weekend.  The task force has reportedly made over 750 arrests so far and the average BAC of the drivers arrested was .15% which, incidentally, is the minimum blood alcohol concentration for which charges of extreme DUI can be filed in Phoenix.

 

Over 70 of those arrested were charged with underage DUI.

 

Please be safe this holiday weekend.  If you are charged with a DUI or other criminal offense, please contact a Phoenix Criminal Defense Attorney at the Law Offices of Joshua S. Davidson.