arizona criminal lawyer

Could Implied Consent Be a Thing of the Past?

If you’re pulled over, are you required to participate in sobriety testing like Breathalyzer and blood tests? For anyone with a driver’s license, the answer is yes.

Implied consent laws, which are in force in all 50 states, require anyone suspected of drunk driving to participate in tests that determine impairment, such as breath, blood and urine tests.

Drivers automatically give consent to this type of testing when applying for a license.

In general, the risk of getting charged with a DUI is magnified with the help of implied consent laws, as refusing tests automatically leads to license suspension and other penalties.

Several cases are challenging implied consent, some making it to the Supreme Court, which could lead to the elimination of these laws altogether.

Implied Consent

If a driver is pulled over on suspicion of DUI, they may be asked to perform a series of tests to determine impairment. These tests fall into two categories, field sobriety tests and chemical tests.

Field sobriety tests, such as walking in a straight line, reciting the ABCs, standing on one leg and more, are not required. Chemical tests such as Breathalyzer, blood alcohol content (BAC) and urine tests are required, and refusing any of these leads to automatic license suspension and other penalties depending on each state’s specific laws. 

Gaede v. Illinois

The trouble with implied consent was brought to light by Gaede v. Illinois, which has made its way to the Supreme Court and focusses on the Fourth Amendment.

In 2012, Christopher Gaede fled the scene of an accident after hitting a parked car with his motorcycle. He was intercepted by police and asked to perform several field sobriety tests, all of which he failed.

When asked to perform a breath test, Gaede refused. In addition to a 12-month license suspension, his refusal was also used against him at trial, which then resulted in a guilty verdict.

On appeal, Gaede’s attorneys argued that police should have to obtain a warrant in order to collect evidence, in this case biological evidence, instead of relying on the implied consent law.

Essentially, they argued that using implied consent instead of getting a warrant violates constitutional rights against unlawful searches and seizures.

The Supreme Court announced it will weigh a series of implied consent cases from Michigan, North Dakota and 11 other states to determine whether it’s illegal for police to require BAC tests without securing a warrant.

Depending on what the Supreme Court decides later this year, implied consent laws could be negated around the nation, allowing drivers to refuse a BAC or breath test without that decision having major consequences later on.

College Football National Championship Game Brings Crime to Phoenix According to Criminal Defense Attorneys at Corso Law Group

Thousands of football fans will flood the Valley for the College Football National Championship in Glendale, Ariz. on Jan. 11., leading to increased crime and police presence on game day, according to criminal defense attorney and former prosecutor Christopher Corso, founder of Corso Law Group.

Approximately 72,000 fans are expected to attend the championship game in Glendale, and 20,000 more will be watching from surrounding bars and restaurants in Westgate, The Arizona Republic reports.

While this spike in visitors is great for the local economy and tourism, large crowds, parties and alcohol consumption bring crime to hosting cities. In some instances where games resulted in upset, crimes such as assault increased by 112 percent, according to a study examining the connection between college football games and crime.

“Large crowds can bring about security and safety issues. With so many people concentrated in one area, large-scale events like college football games become targets for accidents and criminal activity,” Corso said.

Police in Glendale, downtown Phoenix, where additional events will take place, and across the Valley know this to be true and aren’t taking any chances.

Officials in Glendale are planning to implement extensive security for the national championship game, which will take place at University of Phoenix Stadium. In Phoenix, the director of Homeland Security and Emergency Management for the city said thousands of law enforcement and fire officials will be working the event, including 300 to 400 at the command post, KTAR News reports.

“Police will be on high-alert for any violation of the law, whether it’s assault, drunk driving or theft,” Corso said. “Arizona is becoming a destination for national events, and officials are doing whatever it takes to keep it that way.”

Corso Law Group is an experienced team of legal professionals who have handled thousands of Arizona DUI cases. Founder Christopher Corso is a former Maricopa County prosecutor who can help with drunk driving cases as well as other criminal defense needs such as criminal speeding, CDL tickets, photo radar tickets, felony charges, drug possession, weapons possession, violent crimes and more.

Free consultations are available with Corso Law Group by visiting https://corsolawgroup.com or calling (480) 471-4616.

Corso Law Group, PLLC is located at 17470 N. Pacesetter Way Scottsdale, AZ 85255.

Arizona’s Civil Forfeiture Laws Receive Poor Grade

Arizona’s civil forfeiture laws rank as some of the worst in the country, with a D- rating from Policing for Profit, a national report card grading these laws in every state by The Institute for Justice.

What is Civil Forfeiture?

If police believe that a person’s property could be linked to criminal activity, they can seize the assets in question to use as evidence during a trial.

These laws are considered controversial because even if no one is charged or convicted, law enforcement can keep up to 100 percent of the seized assets unless, depending on the state’s specific laws, the owner can prove his or her innocence in the case.

Arizona’s D- Grade for Civil Forfeiture Laws

In order for the government to seize property in Arizona, it only has to show that the property is more likely than not linked to a crime.

Another contributing factor to the state’s low grade is the law’s requirement of innocent property owners to bear the burden of proof. Essentially, you are considered guilty until proven innocent. This means you must prove your innocence if you want to get your property back.

Due to considerable fees associated with filing to get items back, many are discouraged to even try. For example, an Arizona woman had to pay a $304 filing fee just to gain the right to challenge the seizure of her assets in court.

The Problem with Asset Forfeiture

Why would law enforcement want to keep seized assets even if no one was charged? According to the FBI, the purpose of asset forfeiture is to, “undermine the economic infrastructure of the criminal enterprise.” By taking away assets and property linked to a crime, police aim to discourage criminal activity and make it less profitable for those involved.

Although criminals and innocent property owners may never see their seized assets again, certain parties are definitely profiting from these laws.

Last year, Arizona earned $36 million in forfeiture revenue, and a significant proportion of this money paid for salaries and overtime for law enforcement officers.

From 2000 to 2014, the state collected $412 million in forfeiture revenue, with 28 percent, or $62 million, of that total spent on “administrative expenses,” which includes benefits, salaries and overtime, The Arizona Republic reports.

Currently, local and national organizations, including the Institute for Justice, are hoping to reform Arizona’s forfeiture laws.

Why You Need a Defense Attorney Instead of a Public Defender

No matter the crime, representation is a vital aspect of a criminal proceeding. Whether the charges are mild or severe, the repercussions of committing a crime could result in a range of outcomes from community service to years in prison. With such high stakes involved, the right defense is invaluable when it comes to protecting your rights and your future.

While anyone who has committed a crime has the option to defend themselves or rely on a court-appointed, public defender to represent their case, that doesn’t mean either of those options are a good idea.

Although both private criminal defense attorneys and public defenders have undergone years of higher education and testing to understand the legal system and different defense options, the differentiating factors between the two are specialized experience and workload.

Special Skills and Experience

Hiring a criminal defense attorney means you’re in charge of selecting a professional with the right experience and a specific set of skills that are beneficial to your case instead of settling for a public defender who has been chosen for you.

A private criminal defense attorney can work from a background of prior legal experience to provide optimal, individualized defense for your case, whereas a public defender who works with the same prosecutors and judges everyday might not be as comfortable with trying different defense strategies.

Excessive Workload

Private criminal defense attorneys have a say in not only the types of cases they take on, but also the number of cases they work on, allowing them more time to dedicate to each client from start to finish.

A major problem many public defenders face are excessive workloads. Many have huge caseloads to manage that exceed national standards. For example, the standard number of felony cases per year for public defenders is limited to 150, but it is not uncommon for them to have anywhere from 500 to 800 felony cases annually, according to the National Legal Aid and Defender Association. This can make it difficult for them to prioritize your needs and provide the most effective representation.

For the most effective and highest quality representation, it’s important to do your research. Hire an attorney with experience handling the charges in your case, who will take the time to get to know you and produce a specialized defense strategy.

At Corso Law Group, you can rely on our skilled criminal defense attorneys to do everything in their power to protect your rights and fight to defend your voice in the courtroom.

Spooky Crime: Does Criminal Activity Increase on Halloween?

Ghoulish behavior, scary costumes and plenty of tricks are a given on Halloween, but should you expect an increase in criminal activity on October 31? If you live in Tempe, Arizona, you might.

Based on a look at crime rates on Halloween in 10 different cities across the U.S., including Tempe, these are the determining factors for Halloween crime rates:

  • Day of the week Halloween falls on. If Halloween occurs over the weekend, parties and other activities could contribute to an increase in crimes on that specific day.
  • Common crimes specific to the city at hand.
  • Any crime prevention programs in place by the city.
  • Whether the city is a college town. University-age students are likely to celebrate Halloween with drinking and partying, which could lead to increased criminal activity.
  • Whether any Halloween activities are available for kids and teens. If structured Halloween activities are available, this could reduce the chance of kids and teens getting into legal trouble with pranks, like toilet papering a house, which could be considered vandalism.

In Tempe, theft, vandalism and simple assault top the charts for Halloween crimes, followed by alcohol-related incidents. With Tempe being home to Arizona State University, the largest public university in the U.S., parties and heavy traffic in popular entertainment areas like Mill Avenue make incidents such as DUI and assault fairly common, especially during holidays and special events like Halloween.

Of course, whether criminal activity spikes on Halloween in Arizona depends on a variety of environmental factors. And while these specific crimes are at the top of the list to look out for on Halloween in Tempe, it’s important to look at these results with an analytical eye.

Tempe’s crime rates fluctuate due to a drastic change in population during the workday, which increases by 46 percent each day thanks to high numbers of people from all over the Valley commuting to ASU as well as Tempe’s many employment hubs. Tempe was ranked eighth most dangerous suburb in America in a 2014 crime-rate compilation by real estate company Movoto LLC, however, this does not necessarily mean that Tempe is a dangerous city.

Crime rates are determined by dividing the number of crimes reported by the city’s residential population, which means that Tempe’s inflated daytime population could skew its data, resulting in misleading crime rates. This same issue is also true for any special event or holiday that generates a crowd or celebration, like Halloween.

So, should Arizona residents be worried about an increase in crimes on Halloween? Not necessarily. Just be aware that there’s always a risk of criminal behaviour when crowds and parties are involved. Otherwise, following the same safety precautions practiced on an everyday basis, like locking up and keeping a close eye on kids, should do the trick.

Arizona Governor Cuts Ties with Private Prison Operator in Kingman

Are Arizona’s private prisons in need of serious reform? This question was sparked after Arizona Governor Doug Ducey recently cut ties with a prison operator after riots broke out resulting in injuries, the evacuation of thousands of inmates, building damage and an investigation into the prison’s management.

The Arizona Department of Corrections (DOC) conducted an investigative report on the prison, and noted the private operator of the Golden Valley facility, Management & Training Corporation (MTC), had “a culture of disorganization, disengagement and disregard” of the DOC’s security, inmate safety and management policies.

More significant findings from the report stated MTC failed to conduct important staff training required by the state and hid this information from DOC; that the riots were not effectively handled and went on for longer than they should have, resulting in increased damage to the prison; and that the inmates  were likely dissatisfied with the operation of the prison because frustration and violence during the riot were directed at the prison staff and to damaging the facility – not to one another.

MTC took full responsibility for the uncontrolled riots that occurred in July, but insisted that the DOC investigation was flawed.

With Arizona having the sixth highest incarceration rate in the country, some believe although Ducey has terminated the Kingman prison operator’s contract, cutting ties might not be enough to improve the Kingman prison or any other management issues that may exist at other facilities.

More than two months after the riot, few improvements regarding how the facility will be managed have been announced, other than the fact that it will be contracted to another private, for-profit operator.

As Arizona looks forward from this event, many questions regarding whether the state’s prisons are capable of maintaining proper security and what will happen moving forward are left unanswered.

What to Ask a Prospective Criminal Defense Attorney

The right criminal defense attorney can make all the difference when it comes to your pending criminal case. There are several helpful questions to ask a criminal defense attorney and ways to prepare for a beneficial consultation.

At Corso Law Group, our team of experienced criminal defense attorneys works tirelessly to get to know every client. It helps us prepare the best possible defense for cases such as DUI, criminal speeding, drug possession, weapons possession, assault, felony offenses, violent crimes and more.

Along with a strategic legal plan that’s tailored to your needs, Corso Law Group treats you and your family with the respect you deserve during all aspects of the legal process.

Here are a few questions to ask your prospective attorney and tips to help you prepare for a preliminary consultation:

Two Important Questions for your Attorney

  1. Have you handled other cases like mine?

It’s crucial to connect with an attorney who’s experienced in the field of law that your case falls under. For example, if you’re arrested for DUI, you need a criminal defense attorney who is experienced in the procedures, case law and successful outcomes of a DUI case.

  1. What are the possible outcomes of my case?

Once you explain your situation, your future lawyer should be open to discussing the potential approaches that could be taken with your case and the different results that could occur.

In general, you should have open lines of communication with your attorney so that he or she can keep you up-to-date on what’s going on through the duration of your case.

How to Prepare for the First Meeting

– Read over all legal documents and paperwork that you have regarding your case and bring them to the meeting. Going over your documents ahead of time will help you feel more prepared when you meet with your prospective attorney.

– Create a list of any questions you might have about your case. This is your chance to get answers and clear up any confusion you may have about certain laws or aspects of your case.

– Prepare to discuss costs associated with your case. Before meeting with an attorney, it’s a good idea to think about what you can afford for your defense. Remember – a cheaper attorney isn’t necessarily a better option for you or your case.

– Be able to provide a detailed, chronological summary of what happened including dates, names of people involved, locations, etc. Knowing your case inside and out, and being able to share that information with your attorney will help create the best possible legal plan for you. The more information, the better, so make sure you have as many details and specifics as possible. Remember, there are confidentiality laws attorneys are required to follow, so don’t be afraid to share any necessary information.

Fugitive Turns Himself in After 40 Years on the Run

After escaping from police custody three times and living on the lam for nearly 40 years, Clarence David Moore, 66, turned himself in to police.

With three successful prison breaks and a secret life under the alias of Ronnie T. Dickinson, why would Moore want to turn himself over to the authorities after all these years?

“I think he was tired of running. He’s at a point in his life and medically that he’s got to have help,” said Franklin County Sheriff Pat Melton.

When police arrived at his home last month in Frankfort, Kentucky, Moore was in a hospital bed.

Among other health issues, he suffered a stroke last year that left his right side paralyzed, and because he didn’t have a legitimate Social Security Number, wasn’t able to get the medical help he needed.

As police entered the home, Moore began crying when he saw the deputies, “He said, ‘I just want to get this behind me. I want to be done,'” Melton recalled.

Moore was first convicted in 1967 in North Carolina of larceny. He was sentenced to up to seven years in prison, but escaped while working with a road crew in the area. He was captured again in 1971, but fled the following year and was on the run until he was found in Texas in 1975. His final escape was from Henderson County prison on August 6, 1976.

A woman who lives with Moore answered the door when police arrived, but like Moore, has declined to comment.

Neighbors, Jim Clark and Richard Colyer, both knew him as well, but as his alias, Ronnie Dickinson. Both said they had no idea of Moore’s past.

“He was a nice neighbor. He was a very compassionate person. He didn’t have any hatred in his heart toward anyone,” Clark said, and Colyer described Moore as a private person who moved to the neighborhood a few years ago.

Moore was taken to a local hospital for evaluation, then to jail where he’s in custody.

FBI Reviews Thousands of Criminal Cases Involving Flawed Hair Forensics

After discovering that flawed testimonies were made by most FBI examiners in almost all trials offering hair forensics as evidence against defendants for the past several decades, the Justice Department and FBI formally acknowledged this error and have begun a long list of reviews.

The Washington Post reports that legal analysts have suspected problems with forensic techniques based on patterns for decades. Hair and bite mark comparisons have been criticized because the examiner is left to make a subjective call on whether the patterns match.

To put the gravity of this admission into perspective, the FBI has identified 2,500 cases so far that reported hair matches, with 342 completed reviews by the National Association of Criminal Defense Lawyers (NACDL) and the Innocence Project.

Of the 342, there were 268 cases that used hair forensics to convict defendants, and 257 of these cases included wrongful testimonies from examiners.

In fact, 26 of 28 of these examiners gave exaggerated testimonies favoring prosecutors. That is 95 percent of cases in which forensics were inaccurately used against defendants from 1986 to 2000.

While there could be other evidence involved in these trials that lead to guilty convictions, this large of an error by the FBI could mean hundreds of others have been wrongly convicted or sentenced to death.

It’s likely that the 2,500 under review are just a fraction of the countless other cases that have suffered the same injustices because not all state records from decades ago are available, and some police and prosecutors aren’t answering requests for more information.

In addition, it’s possible that even more cases have been misguided by the same style of testimony. The FBI’s examiners under review have taught 500 to 1,000 other crime lab analysts nationwide their methods.

As a result, several states including New York, North Carolina and Texas have started reviewing cases involving hair forensics, and at least 15 others are expected to do the same.

Uber and Breathometer Join Forces to Help Prevent Drunk Driving

Would knowing your blood alcohol content help you make the right decision to call a cab or hail an Uber at the end of the night?

Breathometer, a portable breathalyzer that works on smartphones, has partnered with Uber to further prevent drunk driving by offering users safe, convenient alternatives to getting behind the wheel when intoxicated.

Simply blow into one of the Breathometer devices, which can be wireless or attached to the headphone jack, and the app shows the person’s current blood alcohol content.

If BAC levels are at .04 percent or higher, Breathometer provides a list of nearby restaurants, hotels and transportation options that can be contacted directly form the app.

Now partnered with Uber, an app that connects people to drivers in the area, Breathometer offers the company’s services first on the list of transportation options, and the Uber app automatically opens when selected on Breathometer.

Since the partnership began earlier this year, Uber has been selected 54 percent more frequently than the other options Breathometer offers, with approximately 1,700 Uber rides so far.

After recording BAC levels, Breathometer has the option to store this information so that over time, the app gets to know how much alcohol it takes for an individual to become intoxicated, how long it takes to sober up and more.

In the future, Breathometer founder and CEO Charles Yim has plans to expand the app even more, so that it offers users additional services, such as helpful resources for battling alcohol abuse.

The partnership between the Uber and Breathometer, and each of their respective partnerships with Mothers Against Drunk Driving and Fathers Against Drunk Driving, demonstrates a serious effort to prevent alcohol-related accidents.

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