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

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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.

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

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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.

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4 Things Arizona Supreme Court Needs to Admit Results

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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.

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

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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.

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

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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:

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

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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.

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5 Things you need to know about Arizona DUI laws and defense

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police-stop-drunk-driver-3-300x201No one who drinks expects to get a DUI or be the victim of an alcohol related disaster.

It is important to remember that others on the road may be driving dangerously due to drug or alcohol impairment.

Often people who have been drinking, lose track of how much they are drinking, and have not planned for an alternative ride home or arranged for a designated driver.

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Arizona Supreme Court preserves defendant’s rights to inform jury of planned testimony in opening statements.

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Arizona-Desert-Crimes-1-300x200In any criminal trial, the timing in which the defense theory is presented to the jury, is equally as important as the defense itself.

In a recent case decided by the Arizona Supreme Court, the defendant was charged with Marijuana transportation, and challenged the charges using Arizona’s Dress defense.

The defendant testified that smugglers armed with weapons, forced him to carry large bundles of Marijuana  into the Arizona  desert.

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Arizona Supreme Court rules suspect was not in custody for purposes of “Miranda”; Facts about Miranda Rights that Police will Likely Not Tell You.

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This year marks the 50th anniversary of the landmark decision by the United States Supreme Court  Miranda v. Arizona, 1966.

Since that time, police have been required to read suspects their Miranda rights while in custody before they are interrogated.

The Miranda principle has faced many legal challenges, including when police are required to read the rights.

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Arizona Court of Appeals: Mistake of Law must be Objectively Reasonable to Avoid Suppression of Evidence obtained after the Stop

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police-stop-unlawful-2-300x203Can an Arizona Police Officer’s misreading of a clear and unambiguous law give rise to reasonable suspicion, thereby making a stop lawful?

This was a question for a recent Arizona Appeals Court to decide. In the case, the court considered whether a deputy had reasonable suspicion to stop a driver because the officer thought the rear display light on his vehicle was unlawful.

This article takes a closer look at how defense successfully challenged an unlawful police stop due to the police officer’s mistake of law with these topics:

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