Criminal

Unpopular opinion–Lawyers should not use (cleaned up) citations in their briefs.

Two years ago Charles Oldfield blogged on this very blog about (cleaned up) citations. As Charlie explained it, in legal writing we often “alter or omit inconsequential parts of the quotation to make the quotation more readable.”  All of those alterations and omissions can make a quote difficult to read between the ellipses, the [sic], and the brackets.  The solution, as proposed by Jack Metzler of @SCOTUSPlaces, is to omit these changes and use a parenthetical (cleaned up) to signal to our readers that we have not indicated those
Continue Reading (Clean[] up) your house, your life … not your citations

Recreational marijuana is now legal in the State of Arizona, after the passing of Proposition 207 in November 2020. This was a history-making law for Arizona that decriminalized the use of cannabis – with certain restrictions – for people 21 and over. Prop 207 also changed things for anyone with pending marijuana possession charges, as well as Arizonians with prior criminal convictions related to marijuana crimes. It may be possible to have your marijuana conviction expunged in Arizona under the new law.
What Is Prop 207?
Proposition 207, also known as Arizona’s Smart and Safe Act, made Arizona the
Continue Reading Prop 207: Expunging Marijuana Convictions in Arizona

Thursday’s Rhaw Bar: A Little Bite of All Things Rhetoric and Law—exploring ideas, theories, strategies, techniques, and critiques at the intersection of rhetoric and legal communication. Just yesterday, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility issued…
Continue Reading Communicating with Clients, Cultural Competency, and Rhetorical Listening

This week, the Supreme Court will return to a crowded docket filled with high-profile cases on abortion rightsreligious school instruction, and criminal procedure. The Court will also be returning to in-person arguments sure to generate high drama for court watchers. But with the new term starting, it may have gone unnoticed that public opinion about the Court has fallen precipitously over the past year.
    A Gallup poll released last week showed that American’s opinions of the Court have dropped to an all-time low of only 40 percent approving of its job performance, with another study by
Continue Reading If the public’s opinion of the Supreme Court falls in the woods, does anyone hear it?

The United States Supreme Court is struggling to maintain its institutional legitimacy. A recent poll showed that only 40% of Americans approved of the Court.[1] Three factors arguably explain the reasons underlying the public’s negative perception of the Court. 1….
Continue Reading A Six-Vote Supermajority Requirement is the Solution to De-Politicizing the United States Supreme Court

Learning that your child has been arrested is a phone call that no parent wants to receive. If you find yourself in this position, it is critical to understand how to react and what to do next. Taking the wrong steps or giving the wrong advice to your child could have a significant impact on his or her future. Follow these steps to protect your child from the worst possible consequences of an arrest in Arizona.
Ask About the Charges
First, find out what your child is being accused of. You can typically obtain this information from the person who
Continue Reading My Child Was Arrested, Now What?

In the late 1980s, I was invited to participate in a project designed to help the Supreme Court of India address a backlog of cases that stretched back a decade. One obvious problem, it seemed to me, was that oral argument for a single case could span days or, in important matters, more than a week, as argument seemed to give rise to lengthy flights of oratory. On my second day in New Delhi, I met with members of their Supreme Court bar. Soon after the meeting began, one practitioner sought to confirm that the U.S. Supreme Court limited oral
Continue Reading New Supreme Court procedures likely to change argument dynamics

Arizona is known for its strict criminal laws and penalties. On April 1, 2021, however, Governor Doug Ducey signed House Bill (HB) 2067 into law, which eases the restrictions on obtaining occupational licenses for people with criminal histories. With the passing of HB 2067, people who have been convicted of certain criminal offenses in Arizona have the opportunity to seek a Certificate of Second Chance – opening the door to greater occupational licensing, employment and housing opportunities.
What Is Arizona House Bill 2067?
House Bill 2067 amends Arizona Revised Statutes Section 13-905, which is the law that allows people
Continue Reading Arizona HB 2067

The expungement of an arrest or conviction record means that the courts seal or erase a person’s criminal record, blocking it from view by employers, landlords and others. Unlike most states, however, Arizona does not allow for record expungement. Instead, eligible parties can apply to have their convictions set aside. Find out if you are eligible for having your conviction set aside with assistance from an attorney.
What Is the Difference Between Expungement and Setting a Conviction Aside?
With record expungement, the courts seal or erase the record, making it as though it never existed. To most people and agencies,
Continue Reading Who Is Eligible for Expungement?

Being convicted of a crime in Arizona will create a permanent criminal record. The more you know about criminal records, including how to look them up and who has access to them, the better you will understand your own situation if you have been convicted of a misdemeanor or felony in Arizona. Knowledge about criminal record searches can allow you to be more proactive in understanding, correcting and setting aside your criminal record.
How to Obtain a Criminal Record Report in Arizona
A criminal record may be stored in multiple locations by several different agencies, including law enforcement offices, state
Continue Reading How to Find Criminal Records in Arizona