The aftershocks still linger following U.S. Supreme Court Justice Sonia Sotomayor’s eruptive and indignant dissent in this case: “The Court today holds that the discovery of a warrant for an unpaid parking ticket will forgive a police officer’s violation of your Fourth Amendment rights. Do not be soothed by the…
Arizona Criminal Defense Attorney Blog
Entrapment: The Most Important Requirement for Your Defense Revealed
Arizona Supreme Court Limits Use of Entrapment Defense in Cocaine CaseIs 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…
How to Avoid Dangers of High BAC and Extreme DUI in Summer Months
20 Alcohol & DUI Safety Tips; 7 Facts about high BAC; Arizona’s Extreme DUI Laws; Penalties; and Criminal Defense in ArizonaSummer holds inherent risks of danger for outdoor drinking because the sun increases the effects of alcohol. Heavy drinking combined with excessive sun exposure causes fluid loss, fatigue, dehydration, exhaustion, severe sunburn, alcohol poisoning, and impaired driving charges. Other potential injuries and criminal charges occur as a result of excessive…
Stalking Laws: 7 Myths and Facts
Arizona's Stalking Laws and Legislative Changes under HB 2419The Governor of Arizona recently signed HB 2419 into law amending Arizona’s stalking law A.R.S. section 13-2923. The new law makes it easier for individuals to be arrested and charged with stalking. Under the amendment, persons are exposed to significant penalties for a wider range of conduct. This article includes discussion on…
Ignition Interlock Device No Longer Required Drug DUI Penalty in Arizona
A Comprehensive Overview of Arizona’s Ignition Interlock Program & Legislative ChangesArizona drivers currently found guilty of DUI charges are required to install and use an ignition interlock device (IID). It doesn’t matter that their DUI did not involve alcohol. It doesn’t’ matter that they never used alcohol a day in their lives. Requiring a person convicted of a drug DUI…
Arizona Supreme Court Rules on Voluntariness of Consent in DUI Testing Case
Voluntariness VS. Submission to Lawful Assertion by AuthorityIn the recent ruling the Arizona Supreme Court considered a Fourth Amendment issue and Arizona’s implied consent law in DUI case. The cases centered around two primary issues. The first was whether or not consent to a warrantless search to conduct DUI breath and blood tests were voluntary, after suspect…
Your Right to Request Change of Judge in Arizona Criminal Court
Criminal Defense Challenges for Prohibited Possession of Firearms Charges in ArizonaQuestions before the Court The Arizona Rules of Criminal Procedure afford parties the right to request a change of judge before trial. …
Fentanyl – Laced Heroin: The Real Cost of a $10.00 High
Your Guide to Understanding Risks and Consequences of Fentanyl-laced HeroinImagine the lethal game of “Russian Roulette”, but with different rules of chance. Let’s say the chambers in a revolver with 6 rounds are all loaded with bullets, with the exception of only one chamber. As if the risks weren’t enough in the traditional game. They just increased drastically. Now…
Right to Counsel before DUI Breath Test
Arizona Court of Appeals considers reasonableness in accommodating suspect’s request for counsel before breathalyzer test.If you are arrested for a DUI, you have a right to request an attorney’s assistance right away. But how much time are you given to find an attorney before you are given a Breathalyzer? In a recent Arizona Court of Appeals case, the defendant was convicted of aggravated DUI, for…
Consent to search, includes Drug K-9 search of Vehicle
Arizona Court of Appeals Upholds K-9 Search of Vehicle; Police not required to advise that Drug K-9 will be used with Voluntary Consent; Your Rights in Vehicle Searches Q & AIn a recent case ruling the Arizona Court of Appeals upheld a woman’s conviction for possession for sale of methamphetamine and drug paraphernalia. The central issue in the Appeal was whether or not a K-9 drug search of her vehicle was within the scope of a voluntary consent to search she agreed upon. Case Facts…