Earlier this month, in an appeal filed by attorney Cameron Morgan on behalf of Manuela Villa, the 9th Circuit Court of Appeals ruled that county prosecutors violated federal law.
In the information age, do we really have privacy? According to the Constitution and supporting federal laws concerning wiretapping, yes. In 2005, the ACLU took a strong position against NSA surveillance. Many people seem to accept some level of spying as a fact of life. However, the constitutional right to privacy in the digital age continues to be hotly contested, as seen in the recent DOJ/Dreamhost litigation. Part of your attorney’s job is to identify and challenge violations of your rights, especially when they could affect the outcome of your case.
Villa filed a civil suit alleging that her privacy had been violated during an investigation linked to her daughter. She was not facing charges, but chose to seek damages in a class-action suit. The judges ruled that state and county attorneys had violated provisions of The Omnibus Crime Control and Safe Streets Act, Title III.
Villa was not awarded damages. She still won the suit, however, based on two key violations: (1) the principle prosecuting attorney has to personally review applications for wiretap warrants, and in this case assistants reviewed them instead; and (2) the recordings are supposed to be submitted as evidence within 10 days, whereas in this case it took two months.
For defense attorneys and their clients, this ruling prompts a close look at the evidence submitted by the prosecution. If electronic surveillance was conducted improperly, the 9th Circuit Court Ruling supports motions to dismiss cases due to lack of evidence. Although Arizona Attorney General Bill Montgomery plans to appeal, current case outcomes will be based on the ruling as it stands.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A black man was pulled over by Salt River Police Department while visiting from out of town. Despite showing no signs of impairment, the officers arrested him and charged him with DUI Drugs. We investigated the case heavily and interviewed every officer involved. Ultimately, a motion to suppress was filed and granted after an evidentiary hearing before a Judge.
A man was charged with attacking a family with a knife. After reviewing the evidence, it was determined that the instrument used was not a knife at all. The Grand Jury had been misled, so we filed a motion challenging the grand jury presentation. The prosecutor, confronted with the truth, agreed to reduce the charge to a misdemeanor with no jail time.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A man was out on a walk and was stopped by police because he was in the area of an attempted vehicle theft. The man maintained his innocence, but the owner of the truck identified him as the man he saw attempt to steal it. We worked tirelessly to prepare a defense and get the prosecution to see reason. The State wouldn’t budge, so the case went to trial. After a 4 day trial, the jury took approximately 10 minutes to return a Not Guilty verdict.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A client was charged with resist arrest after being targeted by police during the protests of Summer 2020. Our firm developed a strategy with activists and members of the media that led to a dismissal of our client’s case and, eventually, all cases connected to the political prosecution of the protesters.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A woman and her boyfriend were arguing over the cleaning of their apartment. The police were called after things escalated and the woman was arrested. The Mesa City Prosecutors originally wanted the woman to do jail time. After working the case and providing background information, we were able to get the prosecutor to allow the woman to complete classes in exchange for a dismissal.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
We have experience managing violent cases that fall under the categories of murder and manslaughter. Out of respect for all Nava Law Firm clients that fall under this case type, we are not providing any information on our website. If you or a loved one have been charged with one of these serious charges, do not speak to police officers and please contact our firm immediately to get a free consultation.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
