Most people are aware that statutes of limitations generally provide time limits for commencing a civil lawsuit. But are you aware that statutes of limitations also apply in some – but not all – criminal prosecutions as well? What this means, generally, is that if you are not charged with a particular offense within the
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Marijuana in Arizona After Prop 207
The harsh laws regarding possession and use of marijuana have been under attack in Arizona and elsewhere for a number of years. This has been due in part to the relatively large number of individuals who are in jails and prisons in the United States compared with other countries. Statistics also reveal that Black Americans…
Criminal Charges for Flagrant Fouls in the NBA
We are certainly not the only ones who have wondered why, after a flagrant foul, a fight, or other violence not within the scope of playing basketball, there are no criminal charges filed against basketball players in the NBA (or other professional sports). The answer is that there have been criminal charges filed as the…
Arizona Bill Would Clarify Criminal Statutes of Limitation
A new bill was introduced in the Arizona legislature this month – HB2043 – that would make a subtle but important change in the statute of limitations for criminal charges. For those who don’t know, once the period set forth in the statute of limitations has run, there can be no prosecution of the charge(s)…
Arizona Crime Statistics
With all the talk in the news about the supposedly massive increase in crime in the United States, we thought our readers might be interested in the facts related to crime in Arizona. You may be surprised at what the numbers show, as published by the Arizona Department of Public Safety.
The overall number…
Arizona Harassment Law
What is Criminal Harassment?
Harassment is defined in A.R.S. 13-2991. That section of the Arizona Criminal Code says that you commit the crime of harassment when you “knowingly and repeatedly” engage in conduct directed at a particular person, which conduct would cause a reasonable person to be seriously alarmed, annoyed, or distressed. And if…
What is “Wire Fraud”?
There seem to be more and more cases in the news in which defendants are charged with wire fraud. By and large, these are federal prosecutions, and the recent barrage of indictments relates largely to the last presidential election, as well as claims concerning allegedly illegal political fundraising. But just what is “wire fraud”? Is…
What is RICO?
The news in recent days has been filled with references to RICO, which stands for the Racketeer Influenced and Corrupt Organizations Act. It is federal law (18 U.S.C. §§ 1961 to 1968) enacted in 1970 to combat organized crime. It contains both criminal and civil remedies.
The law focuses on what is called…
Judge Dismisses Turney Murder Charge
The Phoenix murder trial of Michael Roy Turney came to an abrupt end last week, when the trial judge granted the defense motion for a dismissal after the presentation of the prosecution’s case. The dismissal was granted under Rule 20 of the Arizona Rules of Criminal Procedure. That rule says that a judge in a…
The Need for Criminal Justice Reform in Arizona
We have mentioned in previous blog posts that the United States is the world leader, by far, when it comes to incarceration. The statistics demonstrate that the US position in this area is extraordinary. Here are some details.
- The United States has just 5% of the world’s population but houses 25% of the world’s prisoners.
…