We all know that 14 states in the United States as well as countries such as Canada, Austria, the Netherlands, Germany, Portugal, Spain, Finland, Israel, and Italy have legalized the use of medicinal marijuana. Just last November 2010, a law legalizing the use and possession of marijuana in Arizona solely for medical purposes have been passed making it the fifteenth state to do so.

Just like the other 14 states, patients must apply for a medical marijuana identification card. To do this he or she must be a “qualified patient” meaning that he or she should have a chronic or debilitating disease. Patients must acquire a written recommendation from a doctor, homeopaths, osteopaths, or naturopaths specializing and licensed to recommend medical marijuana treatment. This doctor should also provide a written documentation about the said recommendation, his reasons to give such, and his signature affixed. Once they have the two documents, they can apply for a card. However, not all consultations end up in medical marijuana recommendation.

However, laws covering medical marijuana in Arizona still need further amendment as there are overlapping laws regarding the legality of the drug particularly in cases of driving under the influence of marijuana. Medicinal marijuana card holders may still violate the law notwithstanding legality. This is just one of the ambivalence that law-makers in Arizona should clarify. Moreover, if you reside in Arizona and plan to drive without repercussion even with a card, you should at least hire an accident lawyer.

As for medical marijuana dispensaries, they should be registered as non-profit. They must have documents that prove their legal operation. They should distribute medicinal marijuana solely to qualified patients who have a valid card as well as to their eligible primary caregivers. Acquiring, cultivating, processing, manufacturing, or delivering them for other purposes makes them answerable to the law.

Find out more information about medical marijuana and how you can benefit from it.

Article Source: http://EzineArticles.com/?expert=Jasmin_Z
http://EzineArticles.com/?Legalization-of-Medical-Marijuana-in-Arizona&id=5766531

Assault is generally considered, in conversational speaking, to mean to lay hands on another person for the purpose of doing them bodily harm. Commonly understood, this means to punch, hit, slap, or perhaps push another person. We most likely think of a school-yard fight or a bar room brawl as examples of assault, outside of the more complex area of domestic violence. I would like to take the next few paragraphs to explain that assault can actually refer to far less aggressive acts, and at the same time have serious consequences for the accused. I will also discuss what to do if you have been arrested or charged with assault.

First, let’s go over the Arizona Revised Statute Title 13, Chapter 12. Specifically, Section 3 which deals with the crime commonly known as assault.

ARS 13-1203
A. A person commits assault by:
1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
3. Knowingly touching another person with the intent to injure, insult or provoke such person.
B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.

In case you have a hard time with legal jargon, let me break that down in layman’s terms. You commit assault (a misdemeanor) if you:

(1) Injure another person
(2) Place a person in fear of being injured
(3) Touch another person, specifically trying to hurt, insult, or provoke them (such as pushing someone to start a fight).

This is a far different understanding than most people have, and it has serious implications for those who don’t understand it. While most of us will go the majority of our adult lives never having a confrontation with another grown-up, sometimes we are placed into situations not of our own choosing. Should you have to escape from such a situation, or protect your family in one, you should be aware that of this statute. If you so much as lay a finger on a person who has not, as of yet, caused you injury then you may be charged with assault.

Suppose you are in the grocery store, and have a run-in with an “upset” homeless person. Regardless of whether or not they are attempting to take something from you, or are scaring your family, if you touch them you may find yourself placed under arrest for assaulting them. Self-defense exceptions, highlighted in another of my articles, specifically refer to times when you are in immediate fear of being injured or a third party being injured.

Simply put, consider yourself warned. In today’s society, you are almost never allowed to lay your hands on another person forcefully. Should you do so, you may find yourself in the custody of the authorities, and potentially charged with a crime.

If you have been charged with a crime, your first step should be to contact a criminal defense lawyer. Criminal defense attorneys are aware of all of the exceptions and complexities surrounding ARS 13, and may be able to negotiate with the State on your behalf if you find yourself in trouble.

Cias Hart is a veteran and lifelong resident of Arizona. It is important in today’s society that you understand the complexities of the legal system. If you live in the greater metro area, it is in your best interest to contact a reputable criminal defense attorney in Phoenix before you are charged with a crime so you are not fumbling at the last minute to find a good legal defender. If you have been arrested or charged with a crime, contact a Phoenix criminal defense lawyer immediately; your freedom may be at stake!

Article Source: http://EzineArticles.com/?expert=Cias_Hart
http://EzineArticles.com/?Assault-Laws-in-Arizona&id=5193516

Investigation & Arrest

In United States criminal trials, there is a very specific procedure that follows the arrest of an individual for committing a crime. The judicatory process generally involves prosecution, defense, and sentencing. An arrest typically follows a criminal investigation. When a suspect is arrested, he or she is read their rights. Their rights include the right to remain silent and the right to an attorney. The suspect goes to booking where they are identified, charged with the crime, and photographed. This must take place in less than 72 hours after the suspect is arrested.

Pretrial

The pretrial procedure includes the arraignment. The charges are read to the suspect and the suspects can enter a plea of guilty, not guilty, or no contest. Most misdemeanor trials end here, but a felony trial is more complex. The judge will set a bail that the accused can pay to be released until trial. The next step in pretrial is the preliminary hearing, which is where the judge or grand jury determines whether or not there is sufficient evidence for the trial to move forward. If there is not enough evidence to suggest that the accused has committed the crime, the trial may be dismissed.

Trial

The first step of the trial is jury selection. The jury is selected with careful consideration and given directions on how to move forward. During the trial, the opening statements are made. The prosecution and the defense both bring their witnesses to the stand, and present evidence. The witnesses are cross-examined and closing statements are made.

Verdict

The jury must deliberate in order to determine if the accused suspect is guilty or not guilty. If the jury decides that the suspect is not guilty of the crime the accused is charged with, they may determine that he or she is guilty of a related crime. The jury delivers the verdict in the courtroom after reaching an agreement. In some cases, the jury may actually be unable to make a decision and the judge may deem the case a mistrial.

Sentencing

If the defendant has been found guilty by the jury then a judge will take some time to determine what the sentence should be for committing the crime. At the hearing for sentencing the judge will order that a fine be paid, probation be set, or jail/prison time be served. After given a sentence, it must be adhered to unless the defendant decides to appeal the decision and set a new trial.

Peter Wendt is a writer and researcher specializing in Austin criminal lawyer. For readers who are interested in learning more about this subject, Peter recommends they check out Robertmphillips.com.

Article Source: http://EzineArticles.com/?expert=Peter_David_Wendt

http://EzineArticles.com/?What-Is-the-Criminal-Court-Procedure?&id=6744385

When a person follows, harasses or makes repeated attempts to contact another person in such a manner that puts that person in fear of their safety or the safety of their immediate family members, they could be guilty of stalking.

Behaviors that may be perfectly legal when performed alone can become criminalized when they are committed in a series of repeated actions. When these behaviors or actions are targeted at another individual and they carry a credible threat of bodily injury or other intentional harm they are in violation of the law.

The passage of the Violence Against Women Act, Title IV of the Violent Crime Control and Enforcement Act of 1994, marked a major change in America’s history. Since the new law was passed, crimes such as domestic violence, sexual assault and staking grew national attention as well as increased awareness of the problem of stalking. Stalking has received great public attention in the last fifteen years and it is known to affect people in all racial, social, religious, ethnic and economic areas.

Stalking can occur in any number of situations; however, the relationship between the victim and the stalker typically falls under one of the three following categories:

1. The parties involved either have a current or previous sexual relationship. This would include married, separated, divorced or people who were once in a relationship but have broken up.
2. The stalker and the victim are acquaintances and somehow know one another either from work; friends, school or by living in the same neighborhood.
3. The victim is a public figure or celebrity and never met their stalker.

Where it may be perfectly okay to call somebody at home once or twice, making 30 phone calls in a given day would be considered harassment. The same is true when it comes to sending text messages, e-mails or Facebook messages. While a few may be acceptable, too many calls or messages could be construed as stalking, and understandably so. Unfortunately, despite the “innocence” of your intentions, repeated contact with an individual that is unwelcomed could land you in a lot of legal trouble.

In Arizona, a person is guilty of stalking if they intentionally or knowingly engage in a course of conduct that is directed towards another person, especially if it causes that person to fear for their safety or the safety of their immediate family members.

What types of behaviors would comprise stalking? Any type of willful and repeated following, watching or harassing of a person would be classified as stalking. In many cases, stalking behaviors are an attempt to coerce a relationship with another person that is unavailable or uninterested in having a relationship. It is not uncommon for stalkers to be ex-boyfriends or girlfriends or even ex-spouses.

Stalking behaviors are not single, isolated events. It entails many repeated attempts to follow or contact an unwilling recipient. Unwillingness on behalf of the victim is the key element to stalking; the lack of reciprocation in wanting to have a relationship or wanting contact with a stalker is what classifies the behavior as such.

If the stalking behavior would make any reasonable person fear for their physical safety or make them afraid that they could suffer serious injuries or death, then there is a problem. In Arizona, stalking is classified as either a Class 3 or Class 5 felony offense.

If you have been accused of this type of harassment, it would be a grave mistake to not take these allegations seriously. If you are convicted, you could be facing felony consequences as well as a permanent and damming criminal record. It will be absolutely crucial to have a highly experienced criminal defense attorney fighting for your legal rights. At the very least you could wind up with a restraining order taken out against you. This would prohibit you from contacting the victim or coming within a certain distance of their home, place of employment etc. To challenge the allegations against you, contact a seasoned criminal defense attorney today.

Suzuki Law Offices, LLC proudly represents the residents of Phoenix that are faced with criminal charges. Their founding attorney Richard J. Suzuki is a former Assistant United States Attorney and Deputy Maricopa County Attorney; therefore, he knows how the prosecution operates and he uses that knowledge to benefit his clients. Their firm has extensive experience in both the state and federal courts; they will use their vast knowledge of the criminal justice system to help you secure a more favorable outcome in the charges against you. They are not here to judge you, no matter what you are charged with, they will provide you with the unwavering dedication and respect that your case deserves. Their support staff is focused on helping you achieve the best possible outcome available in your unique case. So take action now; contact a Phoenix criminal defense attorney from the firm at (888) 674-2283.

Article Source: http://EzineArticles.com/?expert=Richard_Suzuki
http://EzineArticles.com/?Understanding-Stalking-and-Its-Legal-Ramifications&id=6609446

Perhaps you have noticed yourself but crime is on the rise and there are so many reasons why this is so. Consider if you will that the MS-13 Gang has grown and doubled in size in the last year alone. Realize too that many soldiers will be coming back from Iraq soon and they are young, aggressive and full of piss and vinegar still.

Perhaps you are not so surprised to learn that many crimes are committed by illegal aliens in the United States of America; did you know that 42% of all criminals in the Arizona Prison System are indeed illegal aliens? It is true. Also true is that 33% of all violent criminals in the Federal Prison System are illegal aliens? What is the draw for criminals to come to America?

Well, it is pretty easy pickings here if you consider that most folks leave their cars unlocked in rural neighborhoods, their garage doors open in suburbs and carry purses with them in the cities. One of the biggest issues is that, we also have a huge increase in drug use with young adults and this is causing more theft and lesser crimes. In fact crime is up in nearly every category. Some say it is the hot weather and perhaps that does play some affect to the over all stats, but it appears that the increase and crime issues in the United States are for a multitude of reasons. Please consider all this in 2006.

“Lance Winslow” – Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/. Lance is an online writer in retirement.

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http://EzineArticles.com/?Crime-in-America-on-the-Rise&id=287794

So, you’ve just finished a nice dinner out with your family and while walking to your car a stranger approaches you and asks for change. You reply that you are empty-handed, but the person insists you must have some money. Feeling tired and annoyed, you engage in a verbal confrontation, pushing the stranger so he will leave you alone. As a result of your push, the stranger stumbled, fell to the ground, and cuts his arm. Now what?

It’s important to know that simple assault charges in Arizona are taken very seriously and the punishment increases with the severity of the assault, as well as the number of convictions you’ve had.

A misdemeanor assault (as described in the story above) is punishable by up to one year in prison, along with a $2,500 fine. This level of assault is specifically defined as:

• Intentionally, knowingly or recklessly causing any physical injury to another person; or
• Intentionally placing another person in reasonable apprehension of imminent physical injury; or
• Knowingly touching another person with the intent to injure, insult or provoke such person.

Additionally, endangerment can also be classified as a misdemeanor in Arizona. This includes a situation where a person’s actions recklessly endangering another person with a substantial risk of physical injury.

It’s important to know how Arizona law enforcement may react to your actions. Instead of taking physical action against a stranger or anyone, call 911 immediately and get you and your family to a safe location until help arrives.

If you find yourself in the unfortunate circumstance of having committed an assault, contact a criminal defense lawyer right away.

If you got arrested for assault in Arizona, you need to get legal representation fast! Call a criminal defense attorney at Phoenix law firm Petersen Johnson and make sure your rights are protected.

Article Source: http://EzineArticles.com/?expert=T._Jacobs
http://EzineArticles.com/?Penalties-for-Simple-Assault-in-Arizona&id=5442277

Criminal defense attorneys are specialists in managing criminal cases of various scopes. These are lawyers whose vocation is established on supplying vital services to the individuals who are accused as criminal by the court of law. The fundamental intention of acquiring the service of a criminal defense attorney is that, this lawyer will dispute the positions with respect to numerous laws and sections produced to serve the people in opposition to the criminal cases. Criminal lawyers are classified under diverse classifications and sections.

Individuals, when they are arrested for some criminal act such as rape, murder, sex crimes, theft, kidnapping, domestic violence, hit and run and numerous other criminal cases, they will be progressed under the court of law. With such case, the criminal defense attorney will argue for the criminal and supply them assistance. Criminal attorneys supply more vital services to the citizens around the globe. These lawyers are thought to be more essential and important and also draw more demand among the populace.

These days, top criminal defense attorneys are necessary in extra numbers, since crimes have increased in great amount. The cost concern paid for every attorney will differ as per the fame, popularity and successfulness created for the individual. These lawyers offer their help to the public for a affordable price to allow them to not be affronted by the court exclusive of any illegal behavior. There are cases were individuals might be arrested for non-performing of illegal act.

In these cases, the criminal defense attorney will supply assistance to the people by attending the case for them in court and make the case and facilitate the people to emerge from the case. These days, defense attorneys are necessary for each and every crime done by people. A criminal lawyer is different than other professionals. These lawyers specialize in inspecting , analyzing, and examining the criminal cases they undertake. These lawyers can argue for either the defendant or for the plaintiff.

As indicated by the lawyer notice and demand of the people, a criminal lawyer goes before his functionality in the court. The attributes of each criminal lawyer vary from person to person according to their state and county. Criminal lawyers have a big responsibility. The participation of criminal defense lawyer might offer negative or positive result for the case. These lawyers afford their assistance as individuals, or in a team or group. The argument of each criminal lawyer could vary according to their laws and statutes of the state court.

For more information about top criminal defense attorneys, try visiting http://criminaldefenselawyersite.com – a criminal defense website where you can also find information about criminal defense dui, the best criminal defense attorneys, criminal law, and more.

Article Source: http://EzineArticles.com/?expert=Robert_Dale
http://EzineArticles.com/?Top-Criminal-Defense-Attorneys&id=1970223

Shpoonkle is designed to create a marketplace where legal fees will fall to rates well below the $284 per hour national average calculated by Lawyers.com, a division of Martindale-Hubble. "Paying nearly $300 an hour for a lawyer is beyond the reach of most people in need of legal assistance," said Niznik. "Shpoonkle will drive down legal costs because people can select the lowest bid submitted by our member lawyers."

One week before its official launch date, the site generated so much interest in legal blogs and an article in the ABA Journal that over 300 lawyers and scores of prospective clients have already registered to exchange services, Niznik said.

Shpoonkle works by having lawyers and law firms place bids on requests for legal work posted by potential clients. In standard auctions people bid against one another, forcing prices up so that the highest bid wins. But in reverse auctions, prices are driven down by individuals bidding to win at the lowest price. For example, a person needing a legal document, such as a contract or a will, can fill out an online questionnaire and post it on Shpoonkle.com. Interested lawyers then place bids by specifying the lowest fee they would charge for that service.

The site is not without it’s critics. Some in the legal community says it cheapens the profession.

Niznik says critics are usually “wealthy lawyers who don’t need us. There are plenty who find the platform valuable.”

In almost three and a half decades, in vitro fertilization has been responsible for the birth of over three million children, bringing immeasurable joy to their parents who would not have been able to conceive without this technology. To increase the odds of success for would-be parents who pour their hopes and dreams, as well as money, into this procedure, doctors have routinely transferred multiple embryos. Often this has translated into twin and triplet pregnancies and the complications of premature birth, neonatal morbidity, and long term medical problems. The infertility field has responded with more stringent embryo transfer guidelines, as well as the advancement of techniques like single embryo transfer for certain categories of patients.

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If you’re like me, you were shocked to learn that exonerated Duke Lacrosse player Reade Seligmann—falsely accused of rape—got a whopping $20 million settlement.  That’s the calculation by which some explain an IRS tax lien claiming he owes nearly $6.5 million in tax.  See Ex-Duke Lacrosse Star Insists Tax Bill a ‘Mistake’.  An IRS tax lien filed Feb. 17 in New York City claims $6,492,377 in tax from 2007, the year Seligmann and two others settled with Duke.  While the settlement was never disclosed, some have speculated:

• Daily Mail: Were the Duke Lacrosse Players Wrongly Accused of Rape Paid $20 Million Each in Secret Settlement?

• New York Daily News: IRS Claims Former Duke Lacrosse Player Reade Seligmann Owes Millions, Lawyer Says Bill Is Mistake

Even if accurate, I can’t say whether that’s a reasonable sum for having your life upended.  Still, I can’t help but compare it to far smaller amounts received by innocent victims locked in prison for decades for crimes they too didn’t commit.  Just one example:  Robert Lee Stinson was awarded $25,000 for 24 years of wrongful imprisonment, and there was some question whether he might get an additional $90,000.  See Justice Denied: The Journal for the Wrongly Convicted.

Read more at Forbes.com