Adelayo Law

What to Do if Falsely Accused of a Crime

Being falsely accused of a crime can be one of the scariest and most confusing times in your life. Your life changes from normal everyday activities to finding yourself in a police interrogation room being asked horrible questions about an event that you are clueless about. The way you react, and what you do to protect your rights in this critical time can mean the difference in the outcome of the charges. The following steps should be taken if you are ever falsely accused of any crime:

Remain Calm – While this may seem impossible, according to some of the best criminal defense attorneys, when you are being questioned by the police they are trying to work up your emotions and make you upset. A person that is upset is more likely to admit to a crime. The truth is, however, a falsely accused person that becomes upset is more likely to say something that can be taken in the wrong way, creating more trouble for themselves.

Ask If You Are Under Arrest – If the officer says “No,” refuse any additional questioning, excuse yourself and leave the police station. Immediately seek legal counsel for what just happened. If the answer is “Yes,” request an attorney and stop answering any questions until your legal representation arrives.

Request Legal Counsel – If you cannot afford an attorney, you are entitled to a Public Defender. Once you notify the authorities that you are requesting legal counsel, they must stop all questioning and allow you to have private counsel with the attorney before questioning can resume.

Stay Honest With Your Attorney – When you have an attorney representing you it is important to answer all questions to them openly and honestly, regardless if the answers are embarrassing. The lawyer has an obligation to you, and many of these details will never be revealed again. In fact, unless it is needed for your defense and you approve of its use, anything you tell your attorney is kept strictly confidential.

It Is In The Details – Once you are away from the police station or have bonded out of jail, go home and document everything you can about the event that is in question and about the experience with the police. Look for any evidence that can support your claims such as receipts and work schedules. Make copies of all this information and submit the originals to your attorney. It is very important to remember, however, not to do any of this while in the custody of the police, either in the interrogation room or jail. Either place in the eyes of the court does not protect your privacy and anything you write becomes possession of the police/District Attorney.

Make Yourself Available To Your Attorney – Work with your attorney as best as you can. Make all appointments, provide all information they request, appear at every meeting they schedule. Working with your attorney helps to show you have nothing to hide.

False accusations are probably more common that you would imagine. Many law enforcement agencies find that it is much easier to “blame” several people for a single event and weed out the wrong ones than to search for the person who committed the crime individually. Knowing what to do and how to respond to this type of accusation will make all the difference in the outcome of those charges.

The vast majority of criminal cases in Arizona require an aggressive Arizona criminal defense attorney on your side.  Your choice of attorney can make all the difference in the world.  If you or someone you know is facing an Arizona criminal charge, CONTACT US today!  We will fight hard to protect your rights and ensure the best possible outcome on your case.

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States Stepping Up DUI Checkpoints

Driving under the influence is a major problem in the United States. According to the National Highway Transportation Safety Administration, over one-third of all drivers involved in fatal collisions had alcohol in their systems. Alcohol reduces the judgment and increases the reaction times of drivers behind the wheel. To help reduce the number of alcohol-related deaths, some states have implemented police checkpoints. Whether this is an appropriate measure is a matter of debate.

DUI Checkpoints in General

Under the auspices of finding intoxicated motorists, police in some states will block certain roads, pull over one motorist out of some number of motorists that travel through the checkpoint, and detain the motorist to ascertain whether they have been consuming alcohol. Such conduct may seem to be a violation of the Fourth Amendment to the United States Constitution, but the Supreme Court ruled that sobriety checkpoints are constitutional in Michigan Department of State Police v. Sitz.

Even so, only 38 states conduct DUI checkpoints. Officers are using sobriety checkpoints in an effort to crack down on intoxicated motorists. Officers in 12 states are unable to conduct these checkpoints, either due to statutory or constitutional prohibitions.

Prior to setting up a DUI checkpoint, officers will technically notify the public of the pending checkpoint. The location and nature of these checkpoints receives no significant media attention, so motorists will not normally know in advance of a sobriety checkpoint. Motorists concerned about a possible checkpoint should either search online for private services that compile these notices or use a mobile phone app that updates daily.

Officers conducting a sobriety checkpoint will normally block the road and funnel all traffic through one specific lane. There will usually be an opportunity to turn down a road or turn around before the checkpoint, although officers will often perform a traffic stop on vehicles that exercise that option. The officers will not detain every motorist; instead, the officers will count vehicles and stop every so many vehicles. Departmental policies and the location will determine how many vehicles are stopped.

Once a car is stopped, the officers will attempt to ascertain whether the driver is intoxicated. In practice, officers can and will treat the stop as they would any other stop. Drivers will be expected to provide identification and registration information. Motorists detained at sobriety checkpoints have all the same rights as any other detained motorist; they are not required to answer any questions, make any statements, or cooperate with the officer’s attempts to fish for other violations.

Arrested at a DUI Checkpoint?

In most states, drivers must provide a breath or blood sample upon being arrested for driving under the influence of alcohol. DUI attorneys reminds us that refusal to do so can lead to the DMV suspending the driver’s license of the person arrested. Arrested motorists should refuse to answer any questions, although their state’s implied consent laws may require the motorist to provide a blood, breath, or urine sample.

In all cases, individuals arrested at a sobriety checkpoint should contact an attorney as soon as possible. A conviction for driving under the influence can lead to loss of employment, heavy fines, increased insurance costs, and a criminal record. A local attorney experienced in representing defendants accused of driving under the influence can help the judge, the jury, and the prosecutor understand increasing and decreasing intoxication rates.

Sobriety checkpoints are a controversial subject. Drivers who are detained at a checkpoint should exercise their right to remain silent and right against unreasonable search and seizure. Motorists arrested at these checkpoints should contact an attorney as soon as possible. A defendant who is not represented by counsel may be coerced into pleading guilty due to misleading test results and an overzealous police force.

The vast majority of criminal cases in Arizona require an aggressive Arizona criminal defense attorney on your side.  Your choice of attorney can make all the difference in the world.  If you or someone you know is facing an Arizona criminal charge, CONTACT US today!  We will fight hard to protect your rights and ensure the best possible outcome on your case.

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Some Common Misconceptions About Addicts

Many times, addiction can lead to criminal behavior, which in turn requires the services of a criminal defense attorney.  It is important that the attorney be familiar with the different ways an addict sees life as opposed to a non-addict.  Here are some common misconceptions about addicts.

Addicts are Lazy People.

Addicts may seem lazy but they aren’t always lazy people. In fact, they are usually very motivated to satisfy their cravings. It actually takes quit an amount of energy to plan and make sure there is enough of the drug through the rest of the day and for tomorrow and the day after that.

Whether it is making sure you have computer access for pornography or that you have enough alcohol rationed out for the next day. Planning to obtain and ration your drug to make sure you have enough of it, while hiding it from those around you, takes a great deal of effort.

When an addict becomes sober, they are quite surprised to find a lot of free time and do not know how to use it because it has always been consumed by addictive behaviors. This is why it is important to fill a sober addict’s time with other wholesome behaviors.

Addicts Are Stupid.

An addict’s brain undergoes changes that lead to irrational behavior. Addicts do stupid things, but they are not stupid. The irrational (pre-rational to be more accurate) part of the brain hijacks the rational side of the brain (pre-frontal cortex). This is why they make emotional decisions that seem irrational, and some addicts make poor decisions from fear of withdrawal.

Addicts Live a Carefree Life.

Many non-addicts I knew seem to get a bit envious of those who use drugs or alcohol throughout the day to escape responsibilities or live in their own carefree world. In reality, an addict that has to self-medicate to feel normal – whether it be from drugs, alcohol or pornography- often do not have a good time because they are just trying to feel normal. Remember a new “set point” of feeling normal has been made within the brain of an addict.

Pornography addicts can feel very irritable or experience fuzzy thinking without porn. Alcoholics and drug addicts feel depression, hopelessness or physically sick without their drug. This is a life that has increasing physical, mental and emotional hardship in which engaging in the addiction no longer makes the addict feel euphoric, but normal.

Addicts are slaves. They have to continue to use even though many of them know that it is wrong. They often have to lie to those they love and maintain a dishonest life in order to feel normal.

Addicts are often paranoid and deal with greater fear than non-addicts. They know that their games cannot keep up. They usually know that sooner or later they will get caught and they know that their addiction will either cause serious problems in their relationships and in some cases may kill them.

Addicts Lack Willpower.

It is true that addicts usually lack the willpower to beat addiction, but remember that is because of the change in the brain caused by addiction. Due to the worsening nature of addiction on the individual’s brain, they are increasingly becoming more compulsive despite sever negative consequences.

In the brain this results in an imbalance or “homeostatic deregulation” within the reward pathways, which further explain how addiction develops and relapse is all too common.[1]

When an addict tries to stop by willpower, only then does he feel the full strength of the addiction. They often don’t know the full strength of their addiction because they are always giving in. Once they make the decision to try to quit they are often defeated and may seem lazy because they lay in bed without a fix. But that is because they have a depleted dopamine level caused by long-term overstimulation.

During abstinence the user experiences reduced reward neurotransmitters that cause feelings of anxiety, irritability or stress. Extremely high doses of opioids from opium based drugs show a profound alteration of the opioid receptors within the brain.[2]

A failure to quit a destructive habit is not because one lacks willpower, but because of the changes in the function of the brain.

Motivation and fear of withdrawal will outweigh any or all rational reasons to stop engaging in the behavior. Since the brain has a new set point of normal so they continue to use without experiencing the terrible lows of being without the drug.[3]

An Addict Won’t Recover If He Is Forced.

Addicts do not have to seek help in order for it to work for them. Remember, the majority of addicts are already in denial. They think they don’t need help, they think it won’t work, and they think that someday they will be able to figure out a way they can still use without having negative consequences.

Addicts often do not go to support groups or treatment centers because they want to. In fact, most of the time addicts are forced to seek treatment. Whether addicts overdose and sent to a hospital or impatient treatment, court ordered or pressured from family the result seems to be the same. Addicts may go to rehab for the wrong reasons, but after a while of sobriety, they may start believing in the right reasons to continue treatment.

In rehab, the addict has their drug forcefully taken away from them, and this is where the addict may realize how addicted they really are. Since addicts are always giving in, sometimes they need to feel the full power of their addictions before they realize they have a problem. Sometimes a glimpse of a “real life” situation will enable an addict to have a moment of clarity.

Some addicts are able to quit for days or weeks at a time. This doesn’t mean that they don’t have a problem. In fact, if addicts didn’t have an addiction they wouldn’t be “quitting” in the first place. Addicts always think that they can quit, until they try their very hardest to stay sober forever. Sure an addict may go a few days or a week. This is how the addict rationalizes their addiction. They are constantly in denial because they feel they have control of their addiction if they do it less.

The vast majority of criminal cases in Arizona require an aggressive Arizona criminal defense attorney on your side.  Your choice of attorney can make all the difference in the world.  If you or someone you know is facing an Arizona criminal charge, CONTACT US today!  We will fight hard to protect your rights and ensure the best possible outcome on your case.


1. Sinha R (2001) How does stress increase risk of drug abuse and relapse? Psychopharmacology (Berl) 158:343 -359

2. O’Brien, C. P., A. R. Childress, R. Ehrman, and S. J. Robbins. 1998. “Conditioning Factors in Drug Abuse: Can They Explain Compulsion?” Journal of Psychopharmacology 12:15-22. Neurobiology of craving, conditioned reward and relapse Weiss 15 Current Opinion in Pharmacology 2005, 5:9-19.

3. Chao, J., and E. Nestler. 2004. “Molecular Neurobiology of Drug Addiction.” Annual Review of Medicine 55:113-132. What’s the Lure of the Edge? The Answer Is All In Their Heads, New York Times, June 20, 2005.

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Avoid Pretextual Stops this Holiday Season

Thanksgiving, Christmas and the New Year”s holiday season are a festive time filled with parties and socializing. During this time, police officers and State Troopers across the nation will be on the alert for impaired drivers. One of the tools that law enforcement officers use to detect impaired drivers are “pretextual” stops. Other than not drinking and driving at all, avoiding pretextual stops is one of the best ways to maintain a DUI-free holiday.

“Pretextual” stops are stops where a secondary reason or motive is used by the police officer to hide their actual reason for pulling you over. In the context of a DUI investigation, a police officer might pull someone over for a burned out headlight while the real reason for pulling the person over is to see if they are driving under the influence.

Because DUIs can be difficult to detect, pretextual DUI stops are common in many areas across the country. Therefore, law enforcement officers are trained to look for any lawful reason to stop a vehicle such as a malfunctioning taillight or a cracked window. Police officers then use the taillight as a “pretext” to give themselves the chance to stop your vehicle and look for signs of possible driver impairment.

To protect yourself from pretextual stops, you should take note and follow these useful suggestions:

1. Keep your vehicle well-maintained and regularly check your vehicle”s headlights, turn lamps, brake lamps and other lighting to make sure everything is working properly. As part of your routine maintenance, you should also check your tire pressure regularly.

2. Avoid aftermarket window tint as they tend to raise an officer”s suspicion.

3. Make sure your license plate is lit and cleared of snow and debris that may be obscuring the license plate.

4. Avoid drawing attention to yourself. Police officers are trained to spot activities that are unusual such as playing excessively loud music, swerving, or otherwise driving erratically.

5. If possible, avoid driving at night.

If you are faced with the unfortunate situation of having been charged with a DUI, you should contact a criminal defense attorney. Driving Under the Influence (DUI) convictions can adversely affect employment applications and result in substance abuse treatment. It is best to talk to a criminal defense lawyer so that you know what your options are. An experienced criminal defense attorney can help minimize the penalties you may be facing.

The vast majority of criminal cases in Arizona require an aggressive Arizona criminal defense attorney on your side.  Your choice of attorney can make all the difference in the world.  If you or someone you know is facing an Arizona criminal charge, CONTACT US today!  We will fight hard to protect your rights and ensure the best possible outcome on your case.

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U Visa Limit for 2014 Already Reached

The U nonimmigrant status (U visa) is a special visa set aside for victims of crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity.

Congress created the U visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes while, at the same time, offer protection to victims of such crimes. The legislation also helps law enforcement agencies to better serve victims of crimes.

Two months into the fiscal year, the federal government has already reached its 10,000 cap on U visas for 2014, the fastest the limit has been reached since the U.S. government started issuing them in 2008, according to U.S. Citizenship and Immigration Services.  The cap has been reached every year, but this is the fastest it has ever been hit.

To qualify for a U visa, a government official, such as a prosecutor, judge, or agency head must certify that the applicant has been the victim of a qualifying crime that the government agency is investigating or prosecuting, and that the victim has information that has been or is likely to be helpful. The victim must have been directly or proximately harmed by crimes that may include domestic violence, abduction, assault, blackmail, sexual exploitation, and murder, among other serious crimes.

The fact that the limit has been reached so quickly leads some people to say that this is a positive sign that the program is being used.  However, others argue that this is evidence that Congress needs to increase the cap above 10,000 to help the increasing number of victims.

For some alternatives, read more.

Immigration is a complicated, life-changing event, and one we take very seriously.  Don’t take on the challenges alone.  Contact Us Today – We Will Help!

What Does a Hung Jury Mean in a DUI Case?

You may hear the term jury deadlocked, or hung jury in today’s media culture. But what does it really mean in a DUI case.  In your standard Arizona DUI jury trial there are 6 members of the jury. To reach a decision the verdict must be unanimous, meaning in order to find the defendant guilty or not guilty all members of the jury panel must agree.

However there are times when this will not happen.  Some of the jurors will reach different decisions regarding the facts, witnesses, and legal issues in a DUI case. When that happens the jury becomes deadlocked, or “hung.” Generally when that happens there are a couple of things that may occur.

Initially the Judge will always ask the jury to go back and try and reach a decision. The Judge will inquire as to what the hold up is, and if the jurors have any questions that they need further clarification on, the Judge can have a conversation with the attorneys.  Then the Judge will ask if the jurors think they can reach a decision.  If the jury thinks they can reach a verdict then the Judge will usually tell the jury to go back and try to work out any issues that may exist.

If the jury says they cannot reach a unanimous decision and they are deadlocked, that means the case will end in a mistrial. A mistrial means a decision cannot be rendered, and the entire case would start over. There is no penalty or any repercussions for the jury  and they are released and free to talk about the case.

Depending on the facts of the case, and the defendants criminal history the case may or may not be retried. Usually Prosecutors will look at the facts, and many times the vote of the jurors in the first trial. If the vote was 5-1 to convict, they will most likely want to retry the case.  If it was the opposite, a better plea offer will most likely be offered.

Your DUI lawyer and you will also be able to make future decisions based on how well the first trial went as well.

The vast majority of criminal cases in Arizona require an aggressive Arizona criminal defense attorney on your side.  Your choice of attorney can make all the difference in the world.  If you or someone you know is facing an Arizona criminal charge, CONTACT US today!  We will fight hard to protect your rights and ensure the best possible outcome on your case.


Will a DUI Affect Your Ability to Reenter the U.S. if You Have a Green Card?

The overlap between criminal and immigration law can get complicated very quickly, and if you are in this situation, it is always best to consult with an attorney.  Generally speaking, any time a green card holder commits a crime, two questions must be asked.

The first question is is it the type of crime for which the immigrant can be found inadmissible, and can be denied reentry to the U.S. after a trip that lasted over 180 days or matched certain other criteria?

“Inadmissibility” refers to a list of reasons within the immigration laws that someone can be prevented from entering the United States. A green card application will be approved only in the person is found not to be “inadmissible” unless a waiver was granted.

When you have a green card and leave the U.S,, your request to reenter will be based on the grounds of inadmissibility if you either stayed away for 180 days or more, committed a crime before you left the U.S., or committed a crime while you were away. In the case of a DUI, the grounds of inadmissibility most likely to come into play are commission of a crime of moral turpitude, (which a simple DUI is currently not), conviction of two or more crimes with a sentence of at least five years, drug or alcohol addiction, or conviction of a crime involving a controlled substance.

The second question is whether the type of crime is one for which you can be deported from the U.S.  There is a a list of grounds of “deportability” which apply to green card holders. If you fall under this list you can be placed into removal proceedings and ultimately deported from the U.S. even if you haven’t taken a trip and tried to return. When you travel, however, the chances that your file will be looked at increase along with the risk of your deportability being discovered.

For a  DUI, the grounds of deportability that may apply include convictions for an aggravated felony, which is a very broad category that includes not just serious crimes but also various other crimes where the sentence was, or could have been, one year or more.  Also included are violent crimes, crimes of moral turpitude, or crimes involving controlled substances.

As you can see from this brief outline, the ultimate outcome of any criminal case, even something such as a simple DUI can have serious consequences upon your green card status and your ability to reenter the country should you leave.  The best course of action is to always consult an experienced attorney should you find yourself in such a situation.

You Thought the NSA Was the Only Agency Spying on You?

Earlier this year local police in Arizona used a “data dump” to catch some bank robbers in Northern Arizona.  As it turns out, those types of tactics are FAR more common than you may think!  A recent article in USA Today reveals the results of an investigation into just how widespread this practice is, utilizing a device called a “Stingray.”   According to the report, local and state police throughout the country are purchasing the devices with federal grants that are allegedly aimed at protecting cities from terrorist, but then use them for their own police work instead.

“With the mobile Stingray, police can get a court order to grab some of the same data available via a tower dump with two added benefits. The Stingray can grab some data from cellphones in real time and without going through the wireless service providers involved. Neither tactic — tower dumps or the Stingray devices — captures the content of calls or other communication, according to police.

Typically used to hunt a single phone”s location, Reference your ID# when sending in a drive for professional services. the system intercepts data from all phones within a mile, or farther, depending on terrain and antennas.”

The cell-tracking systems cost as much as $400,000.  They were initially developed for military and spy agencies, and the Stingrays remain a guarded secret by law enforcement. This raises concerns because the secrecy involved really eliminates the ability for any oversight on the use and abuses of these systems.

The vast majority of criminal cases in Arizona require an aggressive Arizona criminal defense attorney on your side.  Your choice of attorney can make all the difference in the world.  If you or someone you know is facing an Arizona criminal charge, CONTACT US today!  We will fight hard to protect your rights and ensure the best possible outcome on your case.

Cyber Crimes and the Law

Defining Cyber crime is not so simple and perhaps that is why there has not been a single definition that is collectively approved by all the law enforcing bodies. However, the below mentioned definition is a commonly accepted and generally used definition by Various US law enforcing bodies:

“A criminal offense in which the computer is involved as an object of crime or as a tool for committing an offense’s material component.”

If you find yourself under criminal investigation for cyber crime then you should definitely seek legal advice. It is always better to have some knowledge about the law and crime that you are dealing with in order to save yourself from any unjust or undeserving sentences. Further, it will help you in avoiding any activity that may break the cyber law and put you in trouble.

Some of the most common and well defined internet crimes are:

The first law against cyber crime was enacted in 1984 and was called “The Computer Fraud and Abuse Act”. CFAA is the most important computer statute in US as all the other statutes concerned with above problems come by modifying the CFAA.

Further, in 1986 “Electronic Communication Privacy Act” was enacted which actually was an amended version of wiretap law. According to this law, intercepting, using, accessing or disclosing of transmitted or stored electronic communications without authorization is illegal.

Now that you know something about cyber crime and law you can avoid situations where you can be accused of cyber crime. Further, if you have any doubt or confusion then you can ask legal questions to cyber law attorneys over internet for free and clear all your doubts. It is always better to be informed than make mistake and then regret.

The vast majority of criminal cases in Arizona require an aggressive Arizona criminal defense attorney on your side.  Your choice of attorney can make all the difference in the world.  If you or someone you know is facing an Arizona criminal charge, CONTACT US today!  We will fight hard to protect your rights and ensure the best possible outcome on your case.

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Issues Keeping the U.S. Border Patrol in Line With Reforms

At the request of Congress in 2010, a review U.S. Border Patrol’s (CBP) policy on the use of force by border patrol agents was performed by Department of Homeland Security.  The report gave several recommendations as to steps that should be taken in order to balance the safety of agents against the unnecessary use of force along the border.

In October of 2012, CBP performed a comprehensive review of CBP’s use of force policy and execution in conjunction with the DHS review. This review process included an internal review by CBP’s Use of Force Policy Division, and an external, independent review by the Police Executive Research Forum (PERF), a non-profit police research organization that provides management services and technical assistance to support law enforcement agencies.

Subsequent to these audits, CBP announced that they are in compliance with many of the recommendations made by the reports.  However, according to an article by Seth Garfinkel, it appears that some of the reforms and compliance may be short-lived.

For example, although the PERF report recommends that CBP stop using deadly force against rock throwers and assailants in vehicles—standards in line with other law enforcement departments—the Chief of the Border Patrol, Michael Fisher, indicated that the agency would not comply with the “very problematic” recommendation.

But while CBP retreats from its commitment to reform its widely-recognized abuse of authority, immigrant-rights groups across the country continue to expose border patrol abuses and reveal the human cost of the agency’s inaction.

As the immigration and border debates continue, it does not look like this topic will be resolved any time soon.  In fact, twenty members of Congress just sent a letter to the acting commissioner of CBP requesting a meeting to further discuss their concerns.

Time will tell.  For more on this, click here.