A defect in criminal laws and overzealous law enforcement are a combination that can threaten citizen rights. Prosecution and conviction of at least two people with valid medical marijuana cards in Yavapai County show that criminal appeals may be necessary to preserve rights when there are oversights with drafting new laws.
The Fifth Amendment protects individuals from being forced to be a witness against themselves. This right, and the rights against unlawful search and seizure, are facing challenges in the digital age. Court cases have complicated the issue of whether the government can force decryption of an electronic device. This can be significant in a criminal appeal because of the treasure trove of personal information stored in these devices.
The U.S. Constitution's "double jeopardy clause" prohibits the prosecution of a defendant twice for the same crime. But, state and federal governments often prosecute a person for the same underlying crime under their own laws. In a case that may greatly impact criminal appeals and prosecutions, the U.S. Supreme Court heard argument earlier this month on whether a person can be charged with the same crime under federal and state laws.
When a prosecutor in Arizona files criminal charges against a person in the courts of the state, the matter, if it goes to trial, will be heard in the superior court of the jurisdiction where the prosecutor filed the charges. If the matter ends and the non-prevailing party believes that a mistake was made at the lower level, that party may appeal the case to intermediate appellate court for review.
Being convicted of a crime is a serious legal matter. It can mean that a Mesa resident will be separated from their family in order to serve a sentence of incarceration or that they may be required to meet other conditions of their sentencing. While some individuals choose to serve their sentences and carry out the expectations of their criminal justice system, others elect to appeal their convictions in order to overcome the punishments they have been wrongly given. This post will provide an overview of why a criminal conviction may be appealed.
When a Mesa resident is arrested for the alleged commission of a crime there are a few different ways that their legal matter may move forward. If the prosecutor on their case decides that there is not any evidence connecting them to the matter then they may be released from their charges. If the prosecutor does decide to move forward with criminal charges the individual may decide to negotiate a plea deal on their case. If the individual wants to fight their charges in court then a trial date will be set to hear their matter.