Posted by Stephen Garcia | Apr 04, 2018 |
We've discussed why minors can benefit more from rehabilitation versus juvenile correction centers. This blog covers the physical, social, and psychological impact of juvenile offenders who are sentenced to adult prisons specifically. Currently 10,000 minors are in adult prisons.
Sexual Abuse
T...
Posted by Stephen Garcia | Mar 23, 2018 |
Divorces can often get messy, especially if a child is involved and there are disagreements over custody on both sides. Unfortunately, things can get very ugly, to the point where one side may use unethical tactics in order to gain custody of their child, such as making false claims of abuse.
Pr...
Posted by Stephen Garcia | Mar 03, 2018 |
Juvenile offenders are still young and can still be reformed. However, this is made more difficult when they are forced to “rehabilitate” in an adult system instead of in the juvenile system, which happens when they are prosecuted as adults.
Juvenile Offenders Prosecuted as Adults
Juvenile offe...
Posted by Stephen Garcia | Feb 21, 2018 |
If you are incarcerated in Arizona, then depending on your sentence, you could be eligible for parole at some point before your sentence is completed.
Types of Parole in Arizona
There are several different types of parole including emergency parole, commutation of sentence, absolute discharge, ...
Posted by Stephen Garcia | Feb 07, 2018 |
Murder is one of the most serious crimes for which you can be convicted. However, some defendants may be able to argue that they acted purely out of self-defense. Arizona is one of 20 states with a Stand Your Ground law. This law justifies the use of deadly physical force in certain situations if...
Posted by Stephen Garcia | Jan 31, 2018 |
We've all heard the phrase, “Just the facts, ma'am.” What you might not know is that not all facts are admissible in court. Prosecutors and defenders need to know which facts are allowed as evidence in a case, and we spend quite a bit of time learning about the subject.
If you are facing trial,...
Posted by Stephen Garcia | Jan 15, 2018 |
United States Attorney General Jeff Sessions has not been shy about his opinion of marijuana. He believes it is a dangerous drug worthy of Schedule A designation. On January 4th, the Department of Justice released a memo calling for stricter enforcement of federal marijuana prohibition. While sta...
Posted by Stephen Garcia | Dec 28, 2017 |
Arizona is one of 32 states where the death penalty is still legal. In fact, Maricopa County leads the country in death penalty statistics. Of the 39 death sentences that were imposed last year, Maricopa County and two other counties (Clark, NV and Riverside, CA) were responsible for almost one-t...
Posted by Stephen Garcia | Dec 14, 2017 |
Social media has become a big part of our daily lives. Unfortunately, a lot of people don't realize that what they post on their social media accounts is public. Even private information, such as chat histories, can be uncovered if a judge approves a motion to obtain the information.
A lot of pe...
Posted by Stephen Garcia | Nov 29, 2017 |
Outside of DUIs, one of the most common crimes during the holidays is shoplifting. In fact, shoplifting occurs the most during November. Finances can get tight around this time of the year, and some people may be tempted to shoplift, especially if they are in a crowded store where they think that...
Posted by Stephen Garcia | Nov 14, 2017 |
In Maricopa County, juvenile offenders are often incarcerated in adult jails. Juveniles who are charged as adults spend time in adult facilities before they have even been convicted of a crime.
Juveniles in Adult Jails
In the Lower Buckeye Jail in Maricopa County, there are typically around 70 ...
Posted by Stephen Garcia | Oct 31, 2017 |
While violence against another person is generally considered unlawful, there is an exception when it comes to reasonable self-defense.
Self-Defense Laws in Arizona
If you commit an act of violence in self-defense, then it must be deemed necessary in defending yourself. For example, if someone ...
Posted by Stephen Garcia | Oct 17, 2017 |
The right to free speech is covered by the First Amendment, and people of all political stripes are quick to defend it. But what does speech mean in constitutional law? There are, in fact, limits to what you can say. In 1919, the Supreme Court ruled that speech that causes or incites harm to othe...
Posted by Stephen Garcia | Sep 19, 2017 |
President Trump made headlines recently when he issued a pardon for former Maricopa County Sheriff Joe Arpaio, who was found guilty of criminal contempt. Arpaio is the exception, not the rule, when it comes to pardons. Most people who are convicted of crimes will have to seek other options since ...
Posted by Stephen Garcia | Sep 05, 2017 |
There has been a lot of controversy regarding immigration laws over the past few years, especially here in the Phoenix area. Recently, policy changes limiting when and where a person's immigration status can be applied to local police work have been instituted in the Phoenix Police Department.
I...
Posted by Stephen Garcia | Aug 31, 2017 |
A new report released this month by the American Friends Service Committee describes the problems with drug sentencing and prosecution. Drawing attention to drug sentencing issues in Arizona, the title sums up their findings bluntly: “Drug Sentencing in Arizona: A Prescription for Failure.”
The...
Posted by Stephen Garcia | Aug 16, 2017 |
Two hot car deaths in Phoenix last month made headlines. Concerned citizens will be happy to know that Governor Doug Ducey signed a law designed to protect people who break car windows in order to rescue people and pets left inside hot cars. However, it's important to understand that HB 2494 does...
Posted by Stephen Garcia | Jul 31, 2017 |
One of the big decisions that you might have to make is whether you want your case to be decided by a judge or a jury. This is no small matter – the outcome could have a huge impact on your life, after all. You have a right to a trial by jury, and the question becomes do you want to take advantag...
Posted by Stephen Garcia | Jul 12, 2017 |
The point of hiring a defense attorney is to safeguard your civil rights and achieve the best outcome when facing a possible conviction. In order to achieve this, you not only have to hire a good defense lawyer, you should also follow their professional legal advice. Clients who do not follow the...
Posted by Stephen Garcia | Jun 29, 2017 |
While the American legal system has been rightfully celebrated throughout history, it's not without its problems. For example, many of our prisons are overcrowded due to an overly strict interpretation of our law. Given our massive incarceration rate, there are serious problems with the current p...
Posted by Stephen Garcia | Jun 14, 2017 |
Although medical marijuana is legal in Arizona, federal law still defines it as an illegal substance. Because of this, there's still a lot of ambiguity regarding the legality of marijuana use. A recent appeals court ruling limits prosecutors' ability to charge patients with driving under the infl...
Posted by Stephen Garcia | Jul 02, 2015 |
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