A.R.S. 13-907 states that an individual convicted of a criminal offense, who has fulfilled the conditions of their probation or sentence and has been discharged by the court, may apply to a judge, justice of the peace, or magistrate to have their judgment set aside. The offender shall be informed of this right at the time of their discharge.
Can Anyone Apply on My Behalf?
Yes, Arizona law allows the offender’s attorney or probation officer to apply to set aside the judgment.
What Happens to My Criminal Record After My Conviction is Set Aside in AZ?
If your application is granted, your judgment of guilt shall be set aside, accusations against you will be dismissed, and you will be released from all penalties and disabilities resulting from the conviction.
If any of your civil liberties were revoked as a result of your conviction, such as your rights to vote or carry a concealed weapon, those rights will be restored after your conviction is set aside.
Can a Sex Crime conviction be set aside in AZ?
Back to the initial question: can sex crime convictions be set aside in Arizona? The answer is no, they cannot. A.R.S. 13-907 also states that people convicted of criminal offenses involving the following situations may not apply to have their conviction set aside:
- A crime involving a dangerous weapon.
- A crime which requires the offender to register as a sex offender under A.R.S. 13-3821.
- A crime involving sexual motivation.
- A crime involving a victim under the age of 15.
Charged With a Sex Crime in Arizona?
Have you been accused of a sex crime in Phoenix, Tempe, Glendale, Mesa, or another AZ city? The criminal defense lawyers at JacksonWhite can help. While we can’t apply to have your conviction set aside, our sex crime attorneys will work to have your penalties decreased. Call us today at (480) 467-4370 to schedule a FREE and confidential consultation with JacksonWhite criminal attorney, Jeremy Geigle.
Click here to see how we’ve helped others charged with sex crimes in Arizona.
Understanding Your Rights After Sex Offender Registration
It’s not likely that you’ll be able to have your sex offender registration requirement removed in Arizona, but you may be able to have the charges against you dismissed or lowered to a lesser charge if the sexual offense is something less serious, like indecent exposure.
According to Arizona Department of Public Safety, there is no time limit for how long offenders must register, as the state does not comply with the Sex Offender Registration and Notification Act (SORNA).
What Crimes Qualify You for Sex Offender Registration?
Common sexual offenses include:
- Sexual conduct with a minor
- Sexual assault
- Sexual assault of spouse
- Molestation of a child
- Continuous sexual abuse of a child
- Infamous crimes against nature
- Lewd and lascivious acts
- Indecent exposure and public sexual indecency
- Taking a child for the purpose of prostitution
- Sexual exploitation of a minor
Sex Offender Risk Levels Explained
Each registered sex offender is assigned a risk level of either 1, 2, or 3. A risk level of 1 is considered “low risk”, risk level 2 is “intermediate”, and risk level 3 is “high.” When determining a sex offender’s risk level, the state looks at 19 criteria that are believed to be strong predictors of the sex offender’s future behavior. Once the risk level is determined, a notification goes to the neighborhood, area schools, and community groups in the vicinity of the sex offender’s residence.
How Soon Must a Sex Offender Register After Being Released From Prison?
A sex offender has 10 days to register before facing additional punishment and penalties.
Failure to register as a sex offender is a class 4 felony.
Penalties for Indecent Exposure in Arizona
Indecent exposure is likely the most common sexual offense because there are a variety of situations that can lead to these charges. Urinating in a public area or perhaps revealing yourself in a crowd when you’re intoxicated are some typical situations associated with this offense.
Indecent exposure charges may require you to register as a sexual offender for life, in addition to 6 to 15 years in jail, plus associated fines. It’s important to hire an experienced sex crimes lawyer for indecent exposure charges, as they can likely be reduced to disorderly conduct with good representation.
Are You Facing Charges For a Sex Crime in AZ?
If you’re facing sex crime charges in Phoenix, Mesa, Tempe, Scottsdale, Chandler, or any other AZ city, the criminal attorneys at JacksonWhite can help. Our criminal defense lawyers have the necessary experience to help you have your charges dismissed, or minimized to disorderly conduct. Dial (480) 467-4370 to schedule a free and private consultation with dedicated JacksonWhite criminal defense attorney, Jeremy Geigle.
Check out our results page to see how we’ve helped past clients deal with their sexual offenses in Arizona.
Arizona is Updating Prostitution Laws
If you’re arrested in AZ for soliciting a prostitute, the officer has two options: either to ticket and release you, or take you to jail.
But that may change soon, according to abc15. Arizona is proposing changes to the current system so that anyone who is arrested for soliciting a prostitute will be automatically taken to jail.
Attending “John School”
A “John” is someone who solicits a prostitute. The average fee for John School is about $400, but it can be as expensive as $1,500. It typically consists of just one class, but can be up to ten sessions long.
John School is just like any other diversion program; it’s simply an education program to deter men from buying sex. In 2013, 169 people were charged with solicitation in AZ, and of those offenders, 80 percent chose to attend John School to alleviate their charges.
Evidence shows that no one who attended John School became a repeat offender.
Soliciting a Prostitute in AZ
Under A.R.S. 13-3214, prostitution is illegal in Arizona. Prostitution is defined by A.R.S. 13-3211 as anyone engaging in, agreeing to, or offering sexual services for a fee. Anyone soliciting a prostitute is therefore engaging in prostitution which is a class 1 misdemeanor in AZ.
Usually, a first time offender’s prostitution charge will lead to 15 days of jail time; the 2nd time becomes 30 days. After your first two charges, prostitution becomes a class 5 felony punishable by 180 days in prison and associated fines.
Settling Your Case Out of State
If you are arrested during the Super Bowl for prostitution and you are visiting from out of town, travelling back to Arizona to settle your charges probably isn’t how you want to spend your money. Luckily, the sex crime defense lawyers at JacksonWhite can help alleviate your stress and protect your future, even from across the country.
Our defense team can fax or email you any forms that you may need to sign during the entire legal process, saving you a lot of unnecessary travel fees. We can discuss your matter over the phone, or conduct a consultation via Skype if you feel more comfortable meeting our criminal lawyers face to face.
When your time in court inevitably arrives, our criminal defense lawyers will be able to appear in court on your behalf. Even if you’re from another state, and were arrested during your visit to Arizona, you can settle everything from the comfort of your own home.
Have You Been Arrested for Soliciting a Prostitute While Visiting Arizona?
If you were charged with prostitution in Glendale, Phoenix, Scottsdale, Tempe, or another AZ city, and you live in another state, or even if you don’t, the criminal attorneys at JacksonWhite can help. Dial (480) 467-4370 to schedule a free and private phone or in-person consultation with the dedicated JacksonWhite criminal defense team.
An investigation by the U.S. Department of Education’s Office for Civil Rights (OCR) found Harvard University and Harvard Law School in violation of Title IX of the Education Amendments of 1972 in regards to the school’s response to sexual harassment and sexual assault allegations.
A Resolution Agreement
Catherine E. Lhamon, assistant secretary for civil rights stated, “I am very pleased to bring to close one of our longest-running sexual violence investigations, and I congratulate Harvard Law School for now committing to comply with Title IX and immediately implement steps to provide a safe learning environment for its students.”
The investigation by OCR found that Harvard Law School failed to respond promptly and reasonably to complaints of both sexual assault and harassment. In one specific cited instance, the school allegedly took more than one year to come to a decision regarding a sexual assault complaint which was eventually dismissed.
The university has amended its procedures to comply with Title IX requirements and has committed to “take further specific steps to ensure that it responds to student complaints of sexual harassment and sexual violence promptly and equitably.”
Another term of the agreement will require the school to review all sexual harassment complaints filed during the 2012-13 and 2013-14 school years to scrutinize whether or not the school responded appropriately and in compliance with Title IX.
Sexual Harassment vs. Sexual Assault in Arizona
Sexual harassment is often a term used when describing a situation between two people in a workplace or school environment. The two parties often know each other and interact consistently. In Arizona, there are no criminal charges for sexual harassment specifically, but such behavior might elicit assault or sexual abuse charges.
Sexual assault, on the other hand, refers to forcing another individual to engage in sexual intercourse or sexual contact. This is an extremely serious offense in Arizona and comes with a minimum 5.25 years prison time for a first offense. Sexual assault, also known as rape, can happen between strangers, acquaintances, relatives, or even spouses.
Charged with sexual assault in Arizona?
If you are facing sexual assault charges in Tempe, Phoenix, Tucson, or another AZ city, the criminal defense lawyers at JacksonWhite can help minimize your penalties or fight the accusations against you. Dial (480) 467-4370 today to schedule a free and private consultation with dedicated JacksonWhite sex crimes defense attorney, Jeremy Geigle.
Click here to see how we have helped other clients facing sex crime charges in Arizona.
As travelers from all around the world come to the Phoenix Valley to watch the Super Bowl, it seems something comes with them: an influx in sex trafficking. When the Super Bowl is in town, some sports fans are in search for a good time, which may include drugs and sex. The FBI and local Arizona police departments are preparing for this. They hope to stop the sex trafficking crimes that often accompany the Super Bowl.
According to A.R.S. 13-3214, it is illegal for an individual to knowingly engage in prostitution in the state of Arizona.
According to A.R.S. 13-1308, it is illegal to engage in trafficking or forcing an individual to work or provide services. It is unlawful for an individual to traffic another person for forced labor services or to knowingly benefit from the participation in these activities. In the state of Arizona, sex trafficking is a class 2 felony.
Charged With a Sex Crime in Arizona?
If you have been charged with a sex crime in Arizona, contact JacksonWhite criminal defense attorney, Jeremy Geigle. He has the knowledge and skills to minimize you sentencing. Contact a JacksonWhite sex crime defense lawyer to set up a free consultation to determine the best tactics to fight you charge. Call (480) 467-4370 to schedule a consultation with a JacksonWhite sex crimes attorney today.