AZ Supreme Court Ruled Enhanced Sentencing Unconstitutional for Gang Ties

site-R4BE-w — Tue, 15 Sep 2020 19:41:04 GMT

Sentence Enhancement Violates Due Process

Arizona Supreme Court rules that Judges and prosecutors cannot impose harsher sentences on gang members who threaten others unless there’s a connection between the crime and the defendant’s membership in a gang.

In a unanimous opinion on Tuesday, the court’s seven justices struck down as unconstitutional a state law that enhances criminal sentences for gang members who threaten or intimidate people, ruling that the statute violates defendants’ due process rights under the Fourteenth Amendment to the U.S. Constitution. For such an enhanced sentence to be constitutional, the justices ruled, there must be a connection between the threats and the threats made by a defendant.

This is a huge depart from precedent where defendant's sentences were aggravated by gang ties even though the crime was unrelated.

Se the full article here .

Az County Prosecutor to dismiss Marijuana cases

Tue, 01 Sep 2020 23:43:25 GMT

New Policy on Marijuana Cases

Maricopa County Attorney Allister Adel is implementing a new policy where anyone who gets arrested in Maricopa County on a simple marijuana possession charge can apply for a medical marijuana card to avoid prosecution.

The new policy states, "In cases where the defendant was not in compliance with the AMMA [Arizona Medical Marijuana Act] at the time of the crime solely because the person did not have a valid medical marijuana card, MCAO will dismiss a charge involving any crime covered by the AMMA if the defendant obtains a medical marijuana card and provides proof by the IPTC,"

If you have been charged with a marijuana possession charge under this new policy you may be eligible to have you case dismissed.

Bernard Law Blog

AZ Supreme Court Ruled Enhanced Sentencing Unconstitutional for Gang Ties

Sentence Enhancement Violates Due Process

Az County Prosecutor to dismiss Marijuana cases

New Policy on Marijuana Cases