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Gun Laws

What is Reasonable Suspicion to Search My Car?

What is Reasonable Suspicion to Search My Car?

If a police officer has pulled you over and searched your car, you may have had questions about what your rights are and what the police are allowed to do.

  • What do police officers need to pull me over?
  • Can they search my car even if I haven’t committed a crime?
  • What do I need to know to protect myself?

While the specific answers depend on the situation, there are four critical things that you need to know about reasonable suspicion and what rules the police must follow.

Watch this short video from David Cantor about “No Reasonable Suspicion to Stop

1. What is Reasonable Suspicion to Search?

The only standard that a police officer needs to meet to pull your car over—which is also known as an investigatory stop—is reasonable suspicion, but what does that mean? Reasonable suspicion in its most basic sense says that “an officer has reasonable suspicion to believe that a crime has been committed.” While this standard may seem simple, reasonable suspicious contains other rules that must also be met.

Click Here to Read the Full Article…

What are my Options After a Conviction?

Just because you have been convicted of a crime does not mean that you have lost your case entirely. There is a Post Conviction Issues/Appeals process that seeks to overturn your conviction or modify the terms of a sentence. If you have lost civil rights due to a conviction, such as the right to vote, these right can sometimes be restored. An experienced criminal defense attorney can appeal your case in order to seek a more favorable outcome.

Post Conviction Relief Arizona: Filing PCR Petitions:
If a Defendant feels that he had ineffective assistance of counsel (this usually occurs with public defender cases); newly discovered evidence has been found which supports his innocence; or there has been a substantive change in the law, then he can file a “Post Conviction Relief Petition” (PCR).

Read more on Post Conviction Relief in Arizona.

A Defendant has 14 days from the date of their sentencing to file a “Notice of Appeal”. Also filed along with that is a “Designation of Record”. This will designate all of the documents and court reporter transcripts which will be necessary for the appeal. The higher court then issues a “Briefing Schedule” which gives time limits on when the “Appellant’s Brief” is to be filed.

Read more on Appeals.

Habeas Corpus:
“Habeas Corpus” is a Latin term for “that you have the body”. A Writ of Habeas Corpus is a motion which is filed most frequently to ensure that a Defendant’s imprisonment or detention is not illegal. It is sometimes used to test the legalities of an arrest or a commitment.

Read more on Habeas Corpus.

Sentence Modifications:
A “Motion to Modify Sentence” or “Motion to Modify Probation” can be filed at any time after the original Sentencing has occurred. Sometimes this can be as simple as asking for monthly probation fee or restitution fee to be reduced due to the financial hardship on a Defendant. Other times, it can include the deferral or deletion of jail time which was scheduled to begin at a future date.

Read more on Sentence Modifications.

Petition for Early Termination of Probation:
It is possible to terminate the probation in many cases when the Defendant has served approximately 50% of his probation term. In some cases, this can be done at a much earlier date. In fact, we have had numerous cases where a person has been placed on “lifetime probation” and we have had them terminated at a much earlier date (in one case, after a mere year and a half (1.5 years) from the date of sentencing).

Read more on Petition for Early Termination of Probation.

Expungement / Restoration of Civil Rights:
In Arizona, there is no such thing as a “Expungement”. However, Arizona does provide for what is known as a “Judgment of Guilt Set Aside” and a “Restoration of Civil Rights”. In essence, if the Judge grants the Motion to Set Aside Judgment of Guilt, then a Defendant can tell people that he has not previously been convicted of a crime.

Read more on Expungement / Restoration of Civil Rights.

Arizona Rule 32:
Under rule 32 of the Arizona Rules of Criminal Procedure, an individual may appeal a conviction for one of three reasons: ineffective assistance of counsel, newly discovered evidence, or substantive change of law. Ineffective assistance of counsel refers to situations in which a defendant’s lawyer provided unprofessional or substandard representation that materially affected the outcome of the court proceedings. It is not enough to prove that a defendant received poor representation; you must also prove that the outcome of the case would have been better had you received more effective counsel.

Read more on Arizona Rule 32.

If there is an avenue for an Appeal of your case or a way to modify the terms of a conviction, the Cantor Criminal Defense Attorneys will find it and utilize it to your benefit.

The Cantor Arizona Defense Lawyers Team – BEYOND AGGRESSIVE!!!

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an Arizona Defense Lawyer and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it’s lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Arizona Defense Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.

The Criminal Defense Attorneys on the Cantor Team offer BEYOND AGGRESSIVE legal defense for Appeals and Post Conviction Relief issues in all courts in the Phoenix metro area, including Scottsdale, Mesa, Tempe, Glendale, Goodyear, Chandler, Gilbert, Fountain Hills, Buckeye, Avondale, Paradise Valley, Peoria, Surprise, Sun City, El Mirage and in all city, state and federal court jurisdictions throughout the State of Arizona.

Contact DM Cantor and speak to an Arizona Defense Lawyer about your case. We will assist you with your Post Conviction Issues.

Expungement (Set Aside): Eligibility & Requirements

If you have a criminal record, it can make things quite complicated for you later in life. More and more today, businesses and employers are conducting background checks on applicants. If a landlord or employer finds that you have been arrested or convicted in the past, it can be difficult or even impossible to secure a home or job.

What Does it Mean to Expunge Records or to Set Aside?

If you have a criminal record, do not fret. You may able to erase, or seal, arrests or convictions from your record through a process known as expungement. While the details pertaining to expungement vary from one state to another, when you have your records sealed, you do not have to disclose them to such persons as landlords or employers. Expungement has other known names and meanings, such as Set Aside and Restoration of Rights.

Who is Eligible for Expungement?

Expungement procedures and eligibility requirements vary from one jurisdiction to the next. Thus, it is best to check with your county’s clerk of court to find out if you are eligible and what you need to do. You do not necessarily need to hire a lawyer to request an expungement. You simply need to fill out and submit a “Motion for Expungement.”

Most jurisdictions only allow for misdemeanor arrests and convictions to be expunged. Additionally, you can only request to seal your records after you have finished serving your sentence and probation. However, if you have a good reason for wanting your records sealed, you may be able to get your probation shortened.

What is a Certificate of Actual Innocence?

A Certificate of Actual Innocence is a form of expungement that not only seals your records, but it also states that they should have never even existed. This is a great option in cases where you were found not guilty or your charges were dropped at a later date. This certificate shows that you were innocent of the offense in question.

Offenses That are Easiest to Expunge

In most jurisdictions, if you were arrested or convicted of a drug or juvenile crime, you will have an easy path to expungement. The reason that drug offenses are easily expunged is because in most cases, you will be eligible for a diversion program, which usually provides for an automatic expungement once you complete the classes.

Juvenile offenses are often easily expunged after you turn 18. In fact, some jurisdictions automatically seal records after you turn a certain age. However, felonies cannot be expunged, and for you to seal your records, you cannot have any arrests or convictions after your juvenile offenses.

Is Expungement Always Beneficial?

In most cases, expungement is highly beneficial. However, there are a few cases in which your records can be accessed even if you had them sealed. Examples of this are if you choose to apply for a professional license or if you want to work in the field of law enforcement. With so many fantastic benefits though, expungement is certainly a great way to begin a new life. At DM Cantor, we have helped hundreds of people with this process. Check out our Expungement Victories section of our website.

Guns on Campus Bill: Professor shows Civil Disobedience

Earlier this year Arizona experienced a horrible tragedy in Tucson when Jared Laughner shot and killed numerous people at a public meeting coordinated by Congresswoman Gabrielle Giffords. Since then the debate for allowing guns on campus has heated up significantly with proponents citing Utah as a poster child for allowing guns on campus. Recently, Lawrence M. Krauss, a Professor at Arizona State University came up with his own method for handling this issue by simply not allowing students with weapons to attend his classes. David M Cantor, a defense attorney experienced in Arizona gun laws, discusses this technique in todays video.

What do you think?

Read more at the Arizona Republic:

I moved to Arizona three years ago to direct the Origins Project at what is becoming one of the most dynamic institutions of higher education in the country, Arizona State University.

Our successes are now at risk as some members of the state Legislature seem bent on leading Arizona backward in matters of both higher education and business investment, while risking the safety of the university community.

Less than two months after the tragic shooting near Tucson, the Legislature is debating Senate Bill 1467, which will forbid the governing board of an educational institution from adopting or enforcing a policy that prohibits the possession of concealed weapons by students or faculty, as long as they have a permit.

All this, despite the fact that the chief law-enforcement officers of the three state universities in Arizona have come out strongly against the law.

They all voice the same concern: Law-enforcement officials entering any area of possible conflict in which numerous individuals are carrying guns will not be able to determine who the perpetrator is.

In addition, they are aware that all but highly trained weapons experts tend to miss their targets, so that use of weapons on campus is likely to result in injury or fatalities to innocent bystanders.

This pending legislation is already having a chilling effect. The Origins Project has brought the world’s preeminent scholars to campus over the past three years. However, we are now getting e-mails from several prominent academics who are concerned about lecturing in locations in which some students may carry weapons.

If SB 1467 is signed into law, despite overwhelming faculty, parent and student objections, we who work at the university will have difficult choices to make about our future.

I have come up with a plan, however, which I hope obviates at least some of the most odious impacts of this legislation.

First, throughout the university, we now try to maintain an intellectual atmosphere that promotes open inquiry and questioning. For this reason, I now tell students they should not bring calculators or skateboards to my classroom.

No matter what the form of any final legislation is, I will have the same policy for weapons in my classroom. Outside classrooms, I will adopt a policy of refusing to interact with or host events with students who have indicated they intend to carry weapons on campus.

I view this as an issue of academic freedom, and I believe that achieving the proper atmosphere of intellectual inquiry is an essential part of such freedom.

Nevertheless, there may be some legal challenge to my actions. Should it be successful, I have another plan, and I am recommending both proposals to others.

I plan to register a disability with the university: an uncontrollable fear of guns in public places.

This didn’t used to be a disability that affected me, but I will make it clear that I cannot function properly in my role as a teacher and researcher in the presence of firearms on campus. I will request that students be informed that because of this, only those not carrying weapons can register for my classes.

There is an irony here. Bars and restaurants that serve alcohol can ban the presence of firearms. However, although the Legislature trusts students with handguns, they do not feel they can drink responsibly and legally, so the campus is alcohol-free.

If this were not the case, the Arizona Board of Regents would seem within its rights to refuse to allow guns on campus.

Whether or not my civil disobedience will work, it is important, as we consider how to ensure our safety and our students’ safety on campuses, that we also consider how we can protect ourselves against a potentially more invasive threat: the reckless shortsightedness of some of our own elected officials.

Lawrence M. Krauss is foundation professor in the School of Earth and Space Exploration and director of the Origins Project at Arizona State University. His newest book, “Quantum Man: Richard Feynman’s Life in Science” is being released this month.

Tucson Shooting Case Update: Laughner back in Tucson

David Michael Cantor, an Phoenix Criminal Attorney, talks about the recent change of venue for the Tucson Shooting case involving U.S. Rep. Gabrielle Giffords, D-Ariz.. Previously the case had been moved to Phoenix after federal judges had recused themselves from the case because fellow Judge John M. Roll was one of the murder victims. Both the prosecutors and the defense agreed to this move so that witnesses would not have to travel as much.

David points out that while he respects Judy Clarke, the defense attorney assigned to the case by the feds, he thinks that this move is a bad one for the defense. Moving the case back to Tucson reopens the mob mentality issue where a judge might feel less likely to accept defense arguments in favor of pleasing the courtroom crowd.

Mrs. Clarke has held onto the option to have the case moved again at a later date, which may be the best thing to do if she wants a get a fair trial for her client. Of course this is what David thinks, let us know what you think.

Laws for Guns on Campus get limelight following Gifford’s shooting

Today David Michael Cantor, a Phoenix Arizona Criminal Defense Lawyer, talks about current legislation being proposed in the Arizona state legislature that would allow teachers and students the ability to carry a gun on campus. David discusses the various implications of gun laws like this and uses an example from the recent tragic shooting in Tucson involving Congresswoman Gabrielle Giffords. From confusion with law enforcement to constant reporting of suspicious behavior David outlines why he feels these laws are not productive and invites your discussion.

The bills were filed in December by Rep. Jack Harper, R-Surprise. HB 2001 would allow faculty to carry concealed firearms with a concealed weapons permit while HB 2014 lets anybody with a permit be armed on campuses.

Multiple law enforcement officials have voiced concern with allowing concealed weapons to be carried by teachers and students on campus. One concern is that if there is an incident and multiple people have their weapons pulled how will officers know who the bad guy is? In a gun fight timing is of the essence and officers have to make fast decisions. How many more victims will result from false identification and friendly fire?

This is one example that actually played out recently when Jared Loughner shot Congresswoman Giffords and 18 others in Tucson, AZ. Joe Zamudio, a bystander who heard the shots and had his pistol on him, ran towards the scene and threatened to pull his gun on a man with a gun. It turned out that the other man had just disarmed and apprehended Loughner. Joe later admitted on TV that he “almost shot the wrong guy“.

In another concern David M Cantor points out a more likely situation where campus police will be inundated with reports of suspicious looking people carrying guns around. We are talking about college campuses, where people tend to dress and act suspiciously because that’s what college is for.

In the end David concludes that any laws allowing concealed weapons on a college campus just don’t make sense. Then again that is his opinion, what do you think?

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