If you were arrested for domestic violence or assault, the prosecution may attempt to use profiling evidence or “cold” expert witness testimony against you. Profiling evidence and “cold” expert witness testimony is not always admissible. The decision about admissibility is a decision for the court. When making this determination the…
In 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,…
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…
You 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…
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 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. It was reported that the woman threatened to shoot herself and a friend who was…
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…
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…
The Arizona Supreme Court recently considered a case involving the question of whether or not the smell of marijuana was enough to establish probable cause to issue a search warrant. The Court needed to evaluate this issue in light of the Arizona Medical Marijuana Act (AMMA). The AZ Supreme Court…
Is this too difficult to imagine? You’ve just been released from prison. You are struggling to become a productive member of society. You’re looking for job, and trying to get your life on back on track. So far, no employer has been willing to hire you, due to your criminal…