As the school year commences, it’s crucial that we have conversations with our children about the responsible use of cell phones and the internet. While technology offers undeniable benefits to our children, it also comes with potential dangers and legal implications that our children must be aware of. Let’s work together to educate our children to make safe choices in …
Top Eleven Reasons you Might be Violated on Probation if you have White Collar Terms
Probationers must comply with all conditions of probation, including white collar terms when specifically ordered. Not all probationers have the same terms or requirements while on probation, as these terms are negotiable and can be modified. If a probationer has violated the terms of probation, the probation officer can file a Petition to Revoke Probation and the probationer will have …
Top Ten Reasons a Person Might be Violated on Sex Offender Probation
Sex offender probationers must comply with all probation terms and/or requirements. If a probationer has violated the terms of probation, the probation officer can file a Petition to Revoke Probation and the probationer will have to return to court to see a judge. In some situations, the probationer’s probation officer can obtain a warrant for the probationer’s arrest. Not all …
The Police Took My Stuff – Now What?
Going through an arrest can be a traumatic experience and having your personal belongings taken from you is not only an inconvenience, but it can be very confusing as well. Who has my stuff? When can I get it back? How can I get it back? These are questions that we want to help answer for you. First, it is …
Mitigation in a Criminal Case
In addition to arguing any legal issues that may exist in a case, Castillo Law also works tirelessly to present mitigation to the Prosecuting Agency and the Judge on behalf of our clients. A.R.S. § 13-751(G) defines mitigation as evidence relevant to “any aspect of the defendant’s character, propensities or record and any of the circumstances of the offense.” Unfortunately, more …
Social Media Usage in a Criminal Case
Advancements in technology have changed how we interact with one another. It seems everyone from your third-grade teacher to your junior high ex are on social media nowadays. According to Pew Research Center, as of April 2021, 72% of the U.S. adult population used at least one social media site – with the number of users increasing with each passing …
Don’t Get Stung in a Sting Operation in Arizona
Technological advances have made it much easier for law enforcement to run sting operations. The most prevalent internet sting operations are operations that involve the creation of sex crimes against minors while utilizing the internet, social media apps, and online gaming. In a sex sting operation, law enforcement creates a crime for vulnerable or susceptible individuals to commit. The goal …
What happens if a cop violates my Miranda rights after the Supreme Court holding in Vega v. Tekoh?
Recently, the Supreme Court held that a defendant who has suffered a violation of Miranda is NOT entitled to sue under 14 U.S.C. § 1983. Under 42 U.S.C. §1983, a private individual is allowed to file a lawsuit against any person who is acting as an agent of the state, and deprives that individual of “any rights, privileges, or immunities …
Maricopa County Diversion Program for Veterans
Are you a Veteran of the Armed Forces currently being charged or investigated for a crime in Maricopa County? If so, the Maricopa County Attorney’s Office has recently launched a diversion program scheduled to begin in April of 2022 to assist some Veterans in resolving their felony case without a criminal conviction. The length of the program and requirements for …
No Contest Plea
A plea of guilty and a plea of not-guilty tend to be more widely understood than a plea of no contest, as the latter is far less common. Essentially, entering a plea of no contest, from the Latin phrase “nolo contendere”, means you are NOT admitting guilt, but do not desire to contest your charges. If your plea of no …
Caught on Camera and Charged with a Crime
With advancements in technology, there is more of a chance that criminal activity will leave a video footprint. Take a walk down the street and you will see Ring doorbells on numerous houses or look up while you are shopping in a store, and you will see the ominous video bubbles capturing your every move. Your car and other cars …
Skip the Line! Online Access to the Arizona Department of Transportation Motor Vehicle Division
In an exciting development, many MVD services previously only available in-person, have now moved online! Launched in April of 2020, the Arizona Department of Transportation Motor Vehicle Division online access site now has more than 3 million users. According to ADOT, every Arizonan with a driver’s license, identification card, or a vehicle registered in Arizona has an AZ MVD Now account …
Victim Contact in a Criminal Case – What is Allowed?
If you are arrested in the State of Arizona and the prosecuting agency has determined there is an alleged victim(s) in your case, it is imperative that you understand your release conditions as it relates to what is and what is not permissible contact with the alleged victim(s). In most cases, Courts will order no contact whatsoever with an alleged …
Competency v. Insanity – Is There a Difference in Arizona?
These two terms are often used in criminal proceedings, but do you know the difference between the two? This article aims to highlight the differences between competency and insanity to foster a better understanding of how they are defined and used in a criminal case in Arizona. The main difference between competency and insanity is the time period for the …
AZ Voters Passed Proposition 207 to legalize Recreational Marijuana. Now What?
Proposition 207 is known as the Smart and Safe Act; the proposition calls for marijuana to be legalized for recreational use for adults 21 years old and older. The proposition allows possession of up to 1 ounce of marijuana, with no more than 5 grams being marijuana concentrate, and allows growing up to 6 marijuana plants in the home. In …
Arizona’s Second Chances Act: A 2020 Ballot Initiative aiming to benefit all by ending mass incarceration, rehabilitating non-violent offenders, and reducing the $1.2 billion burden on taxpayers
Arizona has the 4th highest incarceration rate in the nation, just behind Mississippi, Oklahoma and Louisiana. For the last 2 decades, the prison population in Arizona has increased by 300% and the cost to fund it has increased by 400%. In fact, Arizona spends over 1 billion dollars a year on prisons each year and has nearly 40,000 people currently …
Is your loved one in prison being protected from Coronavirus?
With the ongoing concerns of the spread of COVID-19, you may be wondering what precautions are in place to prevent an outbreak in Arizona’s prisons. The Arizona Department of Corrections recently announced it will lift the $4.00 charge for requesting healthcare if an inmate has Coronavirus symptoms and will also lift the inmates’ charge for soap temporarily. However, according to …
CURRENT RESTRICTIONS ON TRANSFERS OF PROBATION/PAROLE TO ANOTHER STATE DURING THE CORONAVIRUS COVID-19 PANDEMIC
Updated May 17th 2021: These were the restrictions in place on March 20, 2019. As of May 17, 2022, there are no longer any Covid-19 related restrictions on interstate transfers according to the Interstate Commission for Adult Offender Supervision. Due to the current state of affairs, many states have suspended accepting Inter-State Compact Probation/Parole cases. This means that if you …
How does the Coronavirus affect my Arizona Criminal Case?
Due to the Coronavirus COVID-19 pandemic, many courts in Arizona have been modifying their instructions for defendants, criminal procedures, courtroom policies, and safety protocols. These changes arose after the Chief Justice of the Arizona Supreme Court implemented temporary measures beginning March 16, 2020 and ending April 17, 2020 in order to mitigate the Arizona community’s risk of exposure to Coronavirus. …
Am I Required to Give Police My Password in Today’s Digital Age?
Living in the 21st century, new technologies are created regularly that offer services and experiences virtually rather than in person. With this constant evolution into a digital world, Federal and State Courts are presented with the struggle of how to interpret a Constitution hundreds of years old, and to apply it to present day innovations. As technology advances and our use …
Can the State of Arizona subpoena my IP address from a third party provider without first seeking permission from a neutral judge or magistrate?
On July 30, 2019, the Arizona Court of Appeals in State of Arizona v. Mixton, No. 2 CA-CR 2017-0217, held that obtaining an IP address and subscriber information through an administrative subpoena rather than obtaining a warrant based upon probable cause (some criminal activity) violates the right to be free from governmental interference in private affairs under article II, § …
MCSO Offers Emergency Help at the Touch of a Button
Being safe and being prepared when trouble is afoot is always a high priority at Castillo Law. Therefore, we wanted to give a shout out to the Maricopa County Sheriff’s Office for bringing their 911 dispatch centers into the digital age and making them more accessible to those in dangerous situations and those with disabilities. On April 2, 2018, MCSO …
Operation: No Need For Speed
Operation No Need For Speed is in full force and effect, so be sure to slow down. This is a 30-day operation conducted by Department of Public Safety on the Loop 101, 202, and 303, in an attempt to get drivers to slow down. Over the past few weeks, many terrible accidents have occurred on our highways, and they all …
Wrong-way Driver Prevention: What Arizona is Doing to Help
It’s an all too common headline we’ve seen repeated over the past few years: “Wrong-way Driver Causes Collision on Arizona Freeway.” As of July 13, 2017, DPS reports that their troopers have responded to 928 calls regarding wrong-way drivers this year alone[1]. Of these calls, 14 have resulted in injuries and 7 in fatalities. Ultimately, 48 of these drivers were …
Honor the Fallen
Although the Memorial Day holiday weekend is a great opportunity to spend quality time with family and friends, please remember the true meaning of this special day. On this day, we remember and celebrate, and most importantly, we express our thanks as Americans to the countless number of men and women who have served in our military since the inception …
Adult Classifieds Down On Backpage: Individuals Could Still Fall Prey to Sting Operations on Other Websites
Breaking News: On Monday, Backpage.com shut down their adult only classified pages on their site, due to government pressure for allegedly facilitating and encouraging sex trafficking. Carl Ferrer, Backpage CEO, just recently won his battle with California attorney, Kamala Harris, in which Harris accused him of profiting from the illegal portions of his site that often involved pimping, child prostitution, …
BACKPAGE CEO NOT CHARGED FOR SEX CRIMES, GIVES RISE TO CRIMINAL DEFENSE ISSUES
Last month, California attorney, Kamala Harris, swung hard at Backpage.com CEO, Carl Ferrer, as she tried to charge him with nine counts of pimping, five of which cases she alleged involved minors. Her efforts to put Ferrer behind bars consisted of accusing Ferrer of profiting off of illegal activity found on his sites, primarily prostitution and sexual exploitation. This court …
Update: Veteran’s Courts in Arizona
With Veterans Day coming up, we would like to take this time to congratulate the different municipalities in the valley that have recently begun offering veterans courts for veterans who are facing misdemeanor criminal charges. We’ve talked about veterans courts in our past blogs. We’ve outlined how veterans courts are popping up nationwide, and the benefits they provide to our …
Win Some, Lose Some: Supreme Court Ruling on State v. Sisco II
On July 11, 2016, the Supreme Court of Arizona issued their opinion in State of Arizona v. Ronald James Sisco II, in which the Court considered whether or not the odor of marijuana suffices to establish probable cause for issuance of a search warrant, given the adoption of the Arizona Medical Marijuana Act (“AMMA”). Ultimately, the Supreme Court decided that …
Weeding out the Facts: Smell of Marijuana, No Longer Probable Cause
You may have heard by now that Judges in the Arizona Court of Appeals, Division 2, reversed and remanded a 2013 marijuana possession case, due to an illegal search warrant and found that the smell of marijuana alone does not constitute probable cause for a search warrant. While the rumors have begun to swirl about what this means for Arizona, …
Better a Cruel Truth than a Comfortable Delusion: How to Improve the Use of Axon Body Cameras
A Call for Law Enforcement Reform With the 2016 presidential election creating more and more buzz each day, many of our readers have undoubtedly heard discussion about law enforcement reform. This is a tangential response to movements nationwide, both on social media and in the community, calling for more transparency and accountability when it comes to police officer behavior and …
How to Avoid Stress and Criminal Charges During The Holidays
Season’s Greetings from Castillo Law It came without ribbons. It came without tags. It came without packages, boxes, or bags. Maybe Christmas doesn’t come from a store. Maybe Christmas, perhaps . . . means a little bit more!–Dr. Seuss The holidays are a time to show the special people in our lives how much we care about them. While we’re …
Follow AZ Hunting Regulations and Avoid Criminal Charges
Failure to Follow Game and Fish AZ Hunting Regulations May Result in a Huge Missed Steak this Hunting Season The regular football season is more than half-way over, Thanksgiving has ended, and, pretty soon, we’ll be snuggling by the tree opening presents. While many of our readers may have already gone on their first hunt of the year, we’d like to …
Drivers Beware: Failure to Remain Silent Could Result in False Reporting Charges
Right to remain silent: Use It! Drivers Beware: Here is yet another reason why you should only provide your driver’s license, registration, and insurance, and nothing more. If you are stopped by an officer conducting a traffic stop and you have been drinking, do not make any statements. Your words will be used against you. An East Valley prosecuting agency …
New Location for Castillo Law Starting May 1st, 2015
Castillo Law, PLLC is pleased to announce the relocation of our law firm, starting May 1st. Our new office will be located at: 2025 N. 3rd Street, Suite B150 Phoenix, AZ 85004 We are very excited to join the Alvarado Historic District in the Brookstone Office Complex. Our new office is right off the I-10, between McDowell and Thomas on …
A Touchdown Defense: Do Concussions Create Criminal Behavior?
While not everyone who suffers from concussions becomes a criminal, there is evidence in medical literature that shows how concussions cause behavioral changes. These changes include, impulsiveness, depression, aggression, inappropriate sexual behavior, lack of thought control and violence among people who, prior to their injuries, did not exhibit such behaviors. The question of how to apply these changes to criminal …
Video Blog: Marijuana DUI Update for AZ
Start transcription of Marijuana DUI update in AZ Hi, my name is Cindy Castillo with Castillo Law. Today I’d like to talk to you about a new Arizona Supreme Court opinion regarding Carboxy-THC. In the Shilgevorkyan case, which is the Arizona Supreme Court case, the court was considering whether or not it is illegal for an individual to drive while …
Arizona Stand Your Ground Law interview on NBC12
Cindy Castillo of Castillo Law talks with NBC 12’s Chris Hrapsky about the Arizona Stand Your Ground laws in the wake of the George Zimmerman trial in Florida. Cindy goes through a number of scenarios and how the law could be interpreted in each one from havin g a gun pointed at you to verbal abuse to the threat of …
What does SB1070 mean to you?
Arizona Senate Bill 1070 also known as SB1070 or the Support Our Law Enforcement and Safe Neighborhoods Act was signed into law by Governor Jan Brewer in April of 2010. This bill turned Arizona into a ‘Show me your papers state” by requiring law enforcement officers to request and review an individuals documentation if there is a reasonable suspicion that …
Stand Your Ground Law in Arizona
In the wake of the Zimmerman decision, and for those of you who are wondering where Arizona law falls on Stand Your Ground, below is Arizona’s Justification statute. Arizona Revised Statutes Section 13-404(A) provides: Except as provided in subsection B of this section, a person is justified in threatening or using physical force against another when and to the extent …
Race or Power Trip for DUI Arrest?
Simply put, Mr. Thorton has fallen victim to an over-zealous officer who sought to put numbers before common sense. All too often, many officers who have been given tools in the academy to assist with arrest decisions refuse to consider any other possible reason a person might be demonstrating signs similar to alcohol/drug impairment. This officer could have ended his …