Arizona lawmakers recently passed House Bill 2007 (HB2007), adding an aggravating circumstance to the list of 26 that were previously enumerated in the statute. The law became effective August 3, 2018. The newest aggravating circumstance is triggered when a defendant “uses a mask or other disguise to obscure the defendant’s…
The U.S. Supreme Court previously held that Global Positioning System (GPS) tracking on a driver’s vehicle comprises a search under the 4th amendment. This means that police need a warrant to conduct GPS tracking on a vehicle owned or driven by a suspect when the vehicle is legally in their…
Arizona jails and prisons have measures in place to assure no criminal activity is in progress related to the defendant’s communications. Authorized jail and prison officials screen mail, and record suspects’ phone calls. The information they obtain may be used to prosecute pending or future criminal charges. The exception to this would…
The Arizona Supreme Court recently ruled that enhanced sentencing does not apply if the victim is fictitious. Under Arizona’s Dangerous Crimes against Children statute (DCAC), a person convicted of a sexual crime against a child is subject to enhanced sentencing. These penalties are severe and designed to provide greater punishments…
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…
What is a Frisk? 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…
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…