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College Student Drinking a Beer

Flagstaff Police Cracking Down On Parties

College Student Drinking a Beer

The Flagstaff Police Department is cracking down on college parties that are generating noise complaints and hosting underage drinkers.

City of Flagstaff Police Department reports they will crack down on noise complaints and underage consumption associated with Northern Arizona University college parties. According to an article in the Arizona Daily Sun the Flagstaff Police Department are putting college students on notice “if you attend an underage drinking party, don’t be surprised if you end up in jail.”

Recently, Flagstaff Police Department arrested sixteen students between the age of eighteen to twenty one at the Grove Apartment for underage consumption, minor in possession of alcohol and contributing to the delinquency of minors, both class one misdemeanors. If you have been charged with a class one misdemeanor you can face up to 6 months in jail and fines of up to $2,500.00. The Grove Apartments is a new complex on Sawmill Road catering to NAU students just across the street from the police department.

Sgt. James Jackson of the Flagstaff Police Department stated the decision to give a warning and cite and arrest student or hosts of parties is at the discretion of the officer. However, given the increase in arrests of students for minor consumption, disorderly conduct and contributing the delinquency of minors it seems that officers are choosing to arrest students instead of giving them a warning. The Flagstaff Police Department is responding to increased pressure from residents who are fed up with all night parties and are demanding strict enforcement of noise violations.

In Arizona underage consumption or minor in possession of alcohol is a class one misdemeanor. A.R.S § 4-244.41 it is unlawful for a person under twenty-one of age to have in the person’s body any spirituous liquor. If you are found guilty at a bench trial or you plead guilty to minor in possession/underage consumption of alcohol you could face:

  • Penalties of up to $2500.00 plus surcharge and court costs;
  • Mandatory alcohol screening and education classes;
  • Driver license suspension up to 2 years;
  • A permanent criminal history.

Furthermore, a criminal history could have negative impacts on your education. A criminal arrest could lead to disciplinary action taken by Northern Arizona University, restrictions on student privileges and disqualification for student aid in the future.

The City of Flagstaff has the power to regulate noise complaints under City of Flagstaff Ordinance Section 6-08-001-0002. The Nuisance Noise ordinance states:

The following noise restrictions are hereby established for any area within the City:

A. The noise regulations of this Chapter shall apply on Monday through Friday between the hours of twelve o’clock (12:00) A.M. and six o’clock (6:00) A.M. and on Saturday and Sunday between the hours on one o’clock (1:00) A.M. and seven o’clock (7:00) A.M.

B. During the hours given in subsection (A), it shall be unlawful for any person, while outdoors or within a residential unit, to make or permit to be made any noise which is clearly audible within a residential unit other than that from which the noise may have originated.

C. The standards which shall be considered in determining whether a violation of this Section exists shall include the following:

  1. The volume of the noise;
  2. Whether the nature of the noise is usual or unusual;
  3. Volume of background noise, if any;
  4. The duration of the noise.

Specifically, the ordinance prohibits “loud” noise from Monday through Friday between 12:00 am until 6:00 am and on Saturday/Sunday from 1:00 am until 7:00 am. Further, officers are allowed to cite host of parties with a civil notice. If cited with a civil notice and an officer responds to the same location within 90 days, the City of Flagstaff can charge a police service fee. Basically, if the police respond to a subsequent noise complaint at the same location they can charge you for the cost of the officer who arrive on scene.

If you, a friend, or child is being prosecuted for minor consumption of alcohol, minor in possession of alcohol or contributing to the delinquency of a minor, contact the Law Office of Gonzales and Poirier and ask to speak with Matt or Tony at 928-774-5400. The Firm has handled hundreds of cases related to alcohol offenses and underage consumption and has amassed a wealth of knowledge to defend the rights of our clients.

If you have any questions or concerns or you need assistance in your criminal case, we offer a free 30 minute consultation discounted rates for students and convenient payment plans. Call us at 928-774-5400 and ask to speak with any of our attorney’s.

College Graduates Throwing Hats in Air

Congratulations NAU Grads!

College Graduates Throwing Hats in Air

If you have a criminal record, including juvenile record, contact our law offices today about your options, to help your chances of obtaining a promising job in the future.

The Law Office of Gonzales & Poirier congratulates the 2,200 NAU students who graduated last Friday. Graduation is a time to celebrate the fun times you had, the good friends you made and the hard work, persistence and dedication it took to obtain you degree.

Do You Have a Criminal History that Will Hinder Your Future?

Many graduates are already starting the next chapters of their lives with an exciting new career. However, the status of the economy has made it tough for many qualified graduates to find jobs in the career field of their choice. For these graduates the days after graduation is a time spent applying for jobs, internships or graduate school.

Before you start filling out your applications, you should consider if there is anything in your past that might make it more difficult to obtain that job or get into graduate school. Numerous NAU students are arrested as an adult or minor for underage consumption, possession of marijuana, possession of drug paraphernalia, disorderly conduct or trespassing. Many of these students are charged and obtain a diversion or just plead guilty to the court. At the time, it did not seem like a big deal but as you fill in your job or graduate applications, you start seeing questions such as “have you ever been arrested by the police” or “have you ever been found/plead guilty to a crime”. Before you answer those questions you should consult an attorney to see if you can set aside your judgment of guilt under A.R.S § 13-907.

Specifically, A.R.S. § 13-907 states:

A. Except as provided in subsection D of this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate’s successor in office to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of discharge.

B. The convicted person or, if authorized in writing, the convicted person’s attorney or probation officer may apply to set aside the judgment.

C. If the judge, justice of the peace or magistrate grants the application, the judge, justice of the peace or magistrate shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction except those imposed by:

1. The department of transportation pursuant to section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319, except that the conviction may be used as a conviction if the conviction would be admissible had it not been set aside and may be pleaded and proved in any subsequent prosecution of such person by the state or any of its subdivisions for any offense or used by the department of transportation in enforcing section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319 as if the judgment of guilt had not been set aside.

2. The game and fish commission pursuant to section 17-314 or 17-340.

Similarly, under A.R.S. § 8-349 adults who have juvenile records can apply to have their records destroyed by the juvenile court that placed them on probation. In order to qualify for the destruction of your juvenile records you need:

  • To be at least 18 years old.
  • You were not convicted of a felony offense or adjudicated delinquent for an offense listed in A.R.S. 13-501, subsection A or B or title 28, chapter 4.
  • You do not have a criminal charge pending.
  • You successfully completed all the terms and conditions of probation or you were successfully discharged from the department of juvenile correction, or you successfully completed your individual treatment plan.
  • You paid all restitution and monetary assessments in full.
  • The destruction of record is in interest of justice and furthers the rehabilitation process.

Under A.R.S. § 8-349 do you qualify to have your juvenile record destroyed or under A.R.S. § 13-907 can you set aside your adult conviction? Having a prior adult or juvenile criminal history could have serious implications to your future. A criminal history can influence whom a employer hires, especially if they have hundreds of well qualified applicants to choose from. Do you want to explain to a possible employer or graduate school why you plead guilty to trespassing, minor consumption, possession of marijuana or disorderly conduct?

These “small” and “petty” crimes will follow you and can have a long and lasting impact. A criminal history may make it difficult for you to pursue a career as an: attorney, teacher, social worker, police officer, fireman, EMT, Peace Corp and any job you may need a security clearance. Even if you do not need a security clearance for your dream job, more employers are doing background checks and will learn if you were arrested and/or convicted of a crime. Since the job market has become extremely competitive, do you really want to explain to your future boss why your possession of marijuana when you were 17, 18, 19 and 20 was no big deal because everyone was doing it?

If you are NAU graduate or a parent of a NAU graduate that has been arrested or plead guilty to a crime, call us for a free consultation at 928-774-5400 and ask to speak to one of our three attorneys Tony, Matt or Daniel. We can assist you in setting aside your judgment of guilty and/or destroying your juvenile record. We understand that you just graduated school and offer discounts and easy payment plans for every budget.


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