Recently, a state appellate court issued an opinion in an Arizona drug case involving the automobile exception to the search warrant requirement. According to the court’s opinion, an officer initiated a traffic stop of a vehicle with two passengers after noticing the vehicle swerve across the fog line of a…
If 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. In some cases the prosecution can offer participation in a deferred prosecution…
In 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…
The Arizona Supreme Court provided a unanimous decision in a recent Marijuana DUI ruling. The court took a closer look at how the AMMA impacts prosecution. The Supreme Court ruled that Medical Marijuana card holders are not immune from prosecution under the state’s DUI law, which prohibits drivers from having…
Why Two Appeals Court Rulings Contrasted: Justices Review Effects of AMMA on Marijuana Odor on Probable Cause. In late July, two different Appeals Courts in Arizona released contrasting opinions involving appeals to dismiss the Marijuana evidence due to lack of probable cause for the search. In both cases the defendants…
Possession of 2-4 pounds indicator of commercial dealings. Convictions call for mandatory prison. Cultivation or manufacture of marijuana for non-medicinal purposes (or growing outside the strict guidelines provided in connection with medical marijuana cards) remains a felony in Arizona. Those arrested and prosecuted for felony marijuana manufacturing can face serious…
But Medical Marijuana Card Holders Not without Risk Almost three years after passage, Medical marijuana remains controversial in Arizona. Medical Marijuana was legalized in 2010 through voter passage of the Arizona Medical Marijuana Act (AMMA). The purpose of the AMMA is to protect patients with debilitating medical conditions, so that…
On July 29, 2012 Arizona’s Governor Jan Brewer denied the request to halt implementation of the Medical Marijuana Law voted in by Arizonans in November 2010. Governor Brewer stated in a letter to the Yavapai County Attorney, that she is “duty-bound” from such halt because “the voters approved it”. Approximately…
Arizona Marijuana DUI Defense The passing of Medical Marijuana Prop 203 does not affect Arizona’s Drug DUI laws. The fact that you may be a qualified card holder to use Marijuana (pot, weed, grass, cannabis) does not give you immunity against the strict Arizona DUI laws. If you are stopped…