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Defending Child Abuse Allegations in Arizona State and Federal Court
As a former Assistant Federal Public Defender, I have experience representing clients accused of crimes ranging from gun charges and interstate drug trafficking to complex financial matters involving interstate wire transfers. I always appreciated practicing in Federal court because of the tremendous caliber of lawyers at the US Attorney’s office and the diversity of dealing […]
The Impact of the Department of Child Safety’s Document Failure on Parents
On Aug. 21, a letter from the state attorney representing the Department of Child Safety (DCS) went out to all presiding judges across Arizona requesting that they “suspend any trials and severance proceedings” set in the next two weeks after a review revealed thousands of documents were not made discoverable in more than 3,800 cases. […]
Supreme Court to Revisit Gun Ownership and Domestic Violence Cases
Often, in the wake of gun violence, politicians and commentators say that stricter background checks should become enacted to restrict dangerous individuals from owning the weapons used to perpetrate these crimes. States across the country have enacted various laws intended on restricting firearms access. Recently, the Supreme Court accepted an appeal from the Fifth Circuit […]
Mandatory Reporting Statutes – The Role of Teachers as Abusers & Abuse Reporters
The role of a teacher is to act “in loco parentis,” or in place of the parent, while children are under their care in the school setting. In some cases, a teacher must take on protective responsibilities beyond the scope of this role to report child abuse or harmful activity occurring outside of their classrooms. […]
Munchausen Syndrome in the Digital Age
Recently, there was an article in the national news titled: “What Could Lead to a Mother Catfishing Her Own Daughter?” Missing from this intriguing headline was the complex psychological framework surrounding the incident referenced, wherein a Michigan mother was charged for her role in a cyber version of Munchausen’s Syndrome by Proxy (MSBP), known as […]
The DCS and Criminal Investigation Dilemma
As criminal defense attorneys, we understand the importance of ensuring out clients do not make incriminating statements. When in doubt, we are quick to advise our clients to invoke their 5th Amendment rights. But, when there is a concurrent Department of Child Safety (DCS) investigation, invoking may have negative consequences in the dependency matter. It […]
Knapp: How Private Attorneys Can Help Public Defenders
You just have to watch a few Law and Order: SVU episodes to know the that when someone is arrested, they are read Miranda warnings. While the 100 words in Miranda are all valuable, “the right to an attorney” and that, “if you cannot afford one, one will be provided to you” is of particular […]
A Position of Trust II: Teachers Facing Prosecution for Failure to Report Child Abuse
When mandatory reporters fail to report suspected child abuse, they are complicit in letting the abuse continue. Educators, in particular, have such a unique and consistent level of interaction with children that makes them a reliable source of child abuse/neglect reports. Due to this, nearly all states, including Arizona, lists teachers as mandated reporters. But when […]
The Importance of Pre-Charge/Pre-Indictment Counsel
Prior to working in private practice, I was an Assistant Federal Public defender. In this role, I received cases long after charges had been filed. Meaning, the opportunity for many of my clients to avoid being charged had long since passed. Grand Jurys had convened, statements were recorded, and the case had inertia ever before […]
Preventable: The Legal Consequences When a Child Accesses a Gun in Arizona
By Isabel Ranney It started with a loud popping noise. Marie rushed into the bedroom and found Reggie lying on the ground, blood pooling around him. Her two-year-old son stood nearby; a gun clutched in his hand. She immediately called 911 and began administering CPR while she waited for first responders to arrive. Reggie would […]