Monthly Archives: January 2012

31Jan
Police Brutality in Arizona

Posted by Naegle Law | Posted in AZ Police Brutality

Every police department in Arizona whether it’s the Phoenix PD, Mesa PD, Gilbert PD, Scottsdale PD, etc., has an obligation to each citizen to obey the law without misconduct or excessive force. When this obligation is not honored and if someone is injured by a member of the police department, it is known as police brutality.

In regards to police brutality in Arizona, the law states that a police officer may use excessive force if needed to control a situation or if they feel like a suspect is putting him or her, or others, in immediate harm. Routine traffic stops or situations where suspects are fully cooperating with an officer, are not instances where force should be used. If they are, it may be police brutality.

In Arizona, police brutality most commonly occurs:

Following the end of a pursuit
In routine traffic stops, arrests, or detentions.
In jails or prisons in Phoenix.
By housing police.
By security officers, or school safety officers.
When individuals are brought in for questioning and excessive physical force is used.

Unfortunately, when someone commits a crime and has broken the law, they feel like they don’t have a police brutality case because of the crime they committed. This is not the case with police brutality in Arizona. Police brutality cases depend solely on the circumstances of your arrest and whether or not your federal or state rights were violated during that time. Victims of racial profiling may also have a police brutality case since it is against the law in Arizona.

Police brutality cases may be difficult to prove but with the right criminal defense lawyer mesa az on your side it can be done. Learn more about police brutality and other practice areas provided here at the Naegle Law Firm, PLC.

Charlie Naegle is a criminal defense lawyer mesa az, who works with individuals in Mesa, Tempe, Chandler, Phoenix, Gilbert, Apache Junction, Scottsdale and Glendale. The Naegle Law Firm has offices in Mesa, Arizona and Phoenix, Arizona for convenient access across the Phoenix metropolitan area.

For more information or to schedule your free, confidential, 24/7 consultation, call 602-663-9958 immediately.

30Jan
Oregon Man Arrested For Drug Possession After Hitting a Deer

Posted by Naegle Law | Posted in AZ Drug Law

Recently, an Oregon man hit a deer on the highway and continued to drive away. An Oregon State Patrol trooper happened to witness the accident and followed the man after he got suspicious since the driver didn’t stop and check for car damages or report the deer in the road. After seven miles the patrol officer stopped the man for this suspicious driving. This led to a search of his car and the discovery of 23 pounds of marijuana – a total estimated value of $57,000.

In Phoenix, Arizona, you might not have much of a chance of hitting a deer and raising red flags but all drivers at any given time can be pulled over for not obeying the simplest of traffic laws. Routine traffic stops are, in fact, how many drug defense cases get started. For one reason or another, the officer has a reasonable justification for searching your car or person, and something is illegal is discovered.

In Arizona, there are a variety of criminal charges related to possession of illegal substances. They include:

Possession of Drugs: Including possession of marijuana and paraphernalia, methamphetamines, possession of cocaine, crack, heroin, OxyContin and any other narcotic obtained without a prescription.

Drug Distribution or Trafficking: These charges including the selling or distribution of any illegal drugs, as well as conspiring to distribute or sell drugs.

Prescription Fraud: Including using fake or forged prescriptions and attempts to have legitimate prescriptions filled at more than one pharmacy.

Manufacturing of Drugs: These charges include growing or cultivating any drugs, including marijuana, or creating methamphetamines.

In Mesa, AZ and in the greater Phoenix area, a drug defense attorney will help you defend your rights if you are facing any of these serious Arizona criminal charges.

Learn more about Drug Defense and Criminal Defense Cases involving illegal drugs here.

Charlie Naegle is a Mesa drug defense attorney who works with individuals in Mesa, Tempe, Chandler, Phoenix, Gilbert, Apache Junction, Scottsdale and Glendale. The Naegle Law Firm has offices in Mesa, Arizona and Phoenix, Arizona for convenient access across the Phoenix metropolitan area.

For more information or to schedule your free, confidential, 24/7 consultation, call 602-663-9958 immediately.

20Jan
“Knowledge and Intent” is a Key Component to Any Criminal Defense Case

Posted by Naegle Law | Posted in Arizona Criminal Defense Law

One of the first things any prosecutor will do when taking on a case is try to prove that a criminal defendant knowingly and intentionally committed the crime in question. Without such proof, prosecutors have a hard time proving to a judge and jury that the defendant is indeed the one responsible for the crime.

Last week, a Tucson woman found herself in need of a good Arizona criminal defense attorney after being arrested and charged with the theft of a Pinal County maintenance truck.

Here’s the story as reported by the Tucson Citizen:

Pinal County officers were on alert for a truck that was reported stolen from Casa Grande. That night, a deputy saw a white van that matched the description of the missing maintenance vehicle. It appeared as though several decals on the truck had been painted over.

The truck began to swerve and the deputy turned on his lights and sirens and attempted to pull the vehicle over. Instead of stopping, the driver of the truck increased in speed for another 100 yards before coming to a stop. However, as the deputy approached the vehicle, the driver once again drove off abruptly. Although seeing two females and one male inside the truck, it is unclear at this point which individual was driving. The truck once again stopped and the occupants exited the vehicle.

The deputy ran after and chased down the 29-year-old Tucson woman. When he approached her, she admitted that she ran from him because she knew that there was a warrant out for her arrest but claimed to have no knowledge that the vehicle was stolen. The officer searched the woman and found a small amount of marijuana on her person.

As stated earlier in this post, knowledge or intent is a crucial element in most criminal offenses. The fact that the woman did not know the vehicle was stolen could be an important factor in her defense.

Protect Your Rights

If you’re facing criminal charges of any kind, it will be in your best interest to consult immediately with a criminal defense attorney in Mesa AZ to establish the best possible defense for your case. When you hire the Naegle Law Firm you will always work directly with Mesa Criminal Defense Attorney, Charlie Naegle, who has dedicated his career to helping others defend their rights against criminal charges. The Naegle Law Firm works with individuals in Mesa, Tempe, Chandler, Phoenix, Gilbert, Apache Junction, Scottsdale, Paradise Valley and Glendale.

Call 602-663-9958 today, to schedule your free, private consultation with Charlie Naegle.

Source: Tucson Citizen, “Woman arrested in theft of Pinal County truck”

18Jan
Medical Marijuana Arrests Occurring in Arizona

Posted by Naegle Law | Posted in AZ Drug Law

Medical marijuana has been a hotly contested topic throughout Arizona for the past couple of years. In May 2011, Governer Jan Brewer and Attorney General Tom Horne filed a lawsuit against the passing of Arizona Prop 203 and ever since there has been major confusion about the Arizona marijuana laws.

When it was passed, Arizona’s medical marijuana initiative (Prop 203):

Allows terminally and seriously ill patients who find relief from marijuana to use it with their doctors’ approval.
Protects seriously ill patients from arrest and prosecution for the simple act of taking their doctor-recommended medicine.
Permits qualifying patients or their caregivers to legally purchase their medicine from tightly regulated clinics, as they would any other medicine—so they need not purchase it from the criminal market.
Permits qualifying patients or their caregivers to cultivate their own marijuana for medical use if a regulated medical marijuana clinic is not located within 25 miles of the qualifying patient.
Creates registry identification cards, so that law enforcement officials could easily tell who was a registered patient, and establish penalties for false statements and fraudulent ID cards.
Allows patients and their caregivers who are arrested to discuss their medical use in court.
Keeps commonsense restrictions on the medical use of marijuana, including prohibitions on public use of marijuana and driving under the influence of marijuana.

Since the lawsuit regarding the passing of Prop 203 was filed, at least six approved medical marijuana patients have been arrested. Each arrest later ended in all charges being dismissed but this has approved medical marijuana card holders worried and confused about their rights and the what the lawsuit means for them.

Protecting Your Rights

At The Naegle Law Firm, we advise all medical marijuana patients to stand up for their rights to legally use and obtain marijuana if they are a registered cardholder. These individuals are currently in accordance with the law. Keep your card with you at all times and become educated on probable cause, for example, presenting your card to an officer after being pulled over for a traffic violation is not probable cause to search your vehicle, but the smell of marijuana in the car might be.

Until medical marijuana dispensaries are allowed to open, anyone with a valid medical marijuana card can grow up to twelve plants for personal use anywhere in Arizona. These individuals are also allowed to possess up to 2 ½ oz.

Facing Charges?

If you’re facing drug possession charges of any kind, it will be in your best interest to consult immediately with an drug defense attorney in Mesa AZ. Charlie Naegle has extensive experience defending and winning drug possession charges and follows Arizona drug law and Arizona medical marijuana law very closely. Charlie will work with you directly to see that your case is handled fairly while you receive the best possible outcome.

Charlie Naegle is a Mesa drug defense attorney who works with individuals in Mesa, Tempe, Chandler, Phoenix, Gilbert, Apache Junction, Scottsdale, Paradise Valley and Glendale. The Naegle Law Firm has offices in Mesa, Arizona and Phoenix, Arizona for convenient access across the Phoenix metropolitan area.

For more information or to schedule your free, private consultation, call 602-663-9958 immediately.

Source: http://en.wikipedia.org/wiki/Arizona_Proposition_203_%282010%29

16Jan
Recent Arizona Mortgage Fraud Cases

Posted by Naegle Law | Posted in AZ Mortgage Fraud

Unfortunately, the economic climate that we’ve seen over the past couple of years has led to an increase in the number of Arizona mortgage fraud cases. Mortgage fraud is a type of white collar crime where there is intent to misrepresent or omit information on a mortgage loan application usually to obtain a loan or obtain a larger loan than would have been obtained had the truth been divulged.

Mortgage fraud is taken very seriously by both the federal government and the State of Arizona. Recently, there was a mortgage fraud case involving Scottsdale and Paradise Valley mansions valued over $1 million. According to an article in the Phoenix Business Journal, the three men involved in this case pled guilty to charges of conspiracy to commit wire fraud. All three men were sentenced to federal prison; two of them received 27-month sentences and the other received a 30-month sentence.

The defendants involved in this case used individuals who pretend to be legitimate property buyers when they are really associated with a mortgage scam (also known as straw buyers). Oftentimes, a straw buyer will use an illegal, fake, or stolen I.D. in order to qualify for and purchase the high-priced property.

If you’re facing charges for a white collar crime involving Arizona mortgage fraud in the Phoenix metro area, it will be in your best interest to consult immediately with an Arizona criminal defense attorney. Since your defense in court makes a huge difference in the outcome of your case, make sure you retain someone with extensive knowledge of Scottsdale and Paradise Valley, Arizona mortgage fraud. Charlie Naegle has that experience and will work with you directly to see that your case is handled fairly while you receive the best possible outcome.

Charlie Naegle is an Arizona Criminal Defense Attorney who works with individuals in Mesa, Tempe, Chandler, Phoenix, Gilbert, Apache Junction, Scottsdale, Paradise Valley and Glendale. The Naegle Law Firm has offices in Mesa and Phoenix, for convenient access across the Phoenix metropolitan area.

Call 602-663-9958 to schedule your free, private consultation immediately.