A Powerful Defense
Stripe of Badges

A Review of 3 Uncommon Criminal Defenses Used for Drug Trafficking Charges

by

Drug-Smuggling-Criminal-Defense-Attorney-Phoenix-AZ-300x238In a recent Arizona Court of Appeals drug case, the court considered a defendant’s conviction for narcotic drug trafficking charges.  The defendant was sentenced to a presumptive five-year term of imprisonment and appealed the conviction.

The defense argued that (1) the drugs found in his car should have been suppressed, (2) improper profile testimony was admitted, and (3) the sanction imposed for a Batson violation wasn’t adequate.

Drug trafficking charges are multi-facet in nature, and challenges can take place on numerous fronts. In this article three types of challenges will be discussed:

Continue reading

Criminal Defense for Intimidation, Threats, and Firearms on School Grounds Mesa AZ

by

gun-crimes-crininal-defense-attorney-mesa-az
Currently the state of Arizona limits circumstances in which firearms can be carried onto school grounds.

Unless specifically outlined by law, carrying a loaded firearm on any school grounds will result in criminal charges under Arizona’s Weapons Misconduct law A.R.S. 13- 3102(12).     

This article outlines the weapons misconduct laws related to guns on school grounds, threatening and intimidation (assault) laws; and criminal defense for weapons misconduct and assault charges.

Continue reading

5 Things You Should Know about Your Rights in a Police Stop and Arrest

by

Police-Stop-Unlawful-Flight-Attorney-Mesa-AZ-300x200You cannot be arrested solely for a non-criminal traffic violation in Mesa, AZ.

However, that changes if you fail to stop or try to elude police when you are signaled to pull over. Failure to stop violates Arizona’s unlawful flight laws.

The most important thing you can do when you realize police are signaling you to stop, is to pull over safely and promptly.

Continue reading

Arizona Supreme Court considers factors that create reasonable suspicion to justify police frisk.

by

What is a Frisk?

Police-Frisk-Mesa-AZ-Attorney
A frisk in the context of a law enforcement search is also known as a pat-down.

It is less intrusive than a full body search.  The purpose of a frisk is to ensure an officer’s safety by confirming that a suspect encountered by police is not armed and dangerous.

Continue reading

How to Protect Your Rights in a Plea Bargain and Deferred Prosecution

by

Maricopa-County-Trial-Statistics-HD-e1494596719400If you have criminal charges, it is likely that you will be faced with the decision of whether or not to take your case to trial.  As an alternative to trial, you may be offered a plea deal or participation in a deferred prosecution program.

Last year Maricopa County Superior Court reported that of 99.8 percent of terminated DUI and criminal cases, only 2.2 percent went to trial.

The United States Sentencing Commission (USSC) reported similar statistics in 2016.   The USSC reported 97.3 percent of criminal cases were resolved without trial, while only 2.7 percent went to trial.

Continue reading

Arizona’s Unconscious Clause permissible only with consent, warrant, or case-specific exigent circumstances; What happens when your rights are violated

by

air-ambulance-helicopter-DUI-Crash-Tempe-AZ-300x225In Arizona police are permitted to request a warrantless, non-consensual blood draw, from a DUI suspect who is unconscious under A.R.S. §28- 1321.

The blood draw may be unconstitutional if an individual’s rights are violated in the process.

Recently, the Arizona Supreme Court ruled that the unconscious clause is permissible only when invoked non-routinely, under exigent circumstances that are case-specific.

Continue reading

4 Things Arizona Supreme Court Needs to Admit Results

by

DUI-lab-test--300x213Under the Fourth Amendment of the U.S. Constitution, a person has the right to be protected from unlawful searches and seizures.

This protection extends to a DUI blood test.  Consequently, police need a suspect’s consent or a search warrant to obtain a blood sample for a DUI investigation.

Without the person’s consent or a search warrant, it is unlawful for the police to collect a DUI blood sample.

Continue reading

How to tell if your stop was legal or illegal; What happens when your rights are violated?

by

bike-road-1

What is Reasonable Suspicion?

Reasonable Suspicion is a standard of proof in criminal law recognized throughout the United States.

It refers to the justification needed by police to make an investigative stop.

Continue reading

Arizona Appellate Court Rules on Medical Marijuana Card Affirmative Defense; 3 Admissible Ways to establish an affirmative defense; 10 Other Marijuana DUI Defenses

by

Medical-MarijuanaA medical marijuana cardholder can raise an affirmative defense when charged with driving under the influence under § 28-1381(A)(3).

Recently, an Arizona appellate court considered an important case where the Justices reviewed what it takes to prove this affirmative defense.

This article sheds light on some important related criminal law and defense topics:

Continue reading

Aggravated Assault, Weapons Misconduct, Domestic Violence, Failure to Obey Police Orders: Laws, Penalties, and Criminal Defense in Arizona

by

aggravated-assault-1In Arizona, we recently learned of a tragic story.

Police officers answered a domestic dispute, and the suspect was fatally shot by police.

When the officer arrived on scene, he encountered a woman outside a home.

Continue reading