Well, it depends why your property was confiscated, but if you possessed the items illegally at the time of the confiscation, you won’t be getting your property back. However, if the police seized property as evidence for a crime, then you should be able to get it back after the case is settled. Forfeiture Case If you’re not given your property back, and you find out your property is being forfeited, you’ll have to win a forfeiture case to reacquire it. That’s what’s problematic about confiscated property, it’s the fact that defendants can be charged with a crime but if
An affirmative defense is a strategy used in court made up of a fact, or a set of facts provided by the defendant to disprove the plaintiff’s accusations. Typically, affirmative defense is associated with a self-defense plea, where the defendant must convince the court they became violent only to avoid serious bodily harm. According to A.R.S. 13-205, if the defendant can prove that their actions, like killing another person in self-defense, were justifiable given the scenario, it becomes the state’s duty to prove that the defendant’s actions were not justified. If the state can’t prove anything beyond a reasonable doubt,
If you’ve recently been arrested for a drug offense in Arizona, one of the many things on your mind, besides trying to find a good drug defense lawyer, is no doubt whether there are mandatory or discretionary sentencing guidelines to which you will be subjected. The answer is: it depends. As with many aspects of the law, the particulars of your individual case will have a major impact on the sentence you will receive. Nevertheless, there are some broad categories to keep in mind as you go through the process. For instance, have you been charged with a felony or
A person can claim entrapment if they were duped into committing a crime by law enforcement officials who were looking to convict them. However, entrapment is a tricky defense for a lawyer to use because they have to be able to convince the court of a number of points. Proving Entrapment In order to convince the court that you were, in fact, entrapped by a government official, your criminal defense attorney will have to prove some of the following: You were not actively about to or planning to commit a crime Law enforcement was the origin of the idea to
A summons to appear is a legal document issued by a court requesting the presence of an individual who is being sued or cited. The summons to appear will inform the person of the time and date to arrive in court, and if the person fails to show up, a bench warrant can be issued for their arrest. Types of Summons Citation – This type of summons is typically served at the scene of an incident by police officers for occurrences like traffic violations. If the individual fails to appear, they are issued a separate violation for failure to appear
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