Articles Posted in Arizona Criminal Defense

Criminal Defense for Intimidation, Threats, and Firearms on School Grounds Mesa AZ

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 to guns on school grounds, threatening and intimidation (assault) laws; and criminal defense for weapons misconduct and assault charges.

5 Things You Should Know about Your Rights in a Police Stop and Arrest

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 realize police are signaling you to stop, is to pull over safely and promptly.

Arizona Supreme Court considers factors that create reasonable suspicion to justify police frisk.

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 and dangerous.

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

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 program if it is available for certain types of criminal charges.

Last year Maricopa County Superior Court reported that of 99.8 percent of terminated 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.

4 Things Arizona Supreme Court Needs to Admit Results

Under 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.

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

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.

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

Can 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:

U.S. Supreme Court excuses unlawful police stop due to suspect’s outstanding arrest warrant: How to protect your rights if you have a warrant

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 opinion’s technical language: This case allows the police to stop you on the street, demand your identification, and check it for outstanding traffic warrants—even if you are doing nothing wrong…”  

– Justice Sonia Sotomayor, US Supreme Court

The incident began with an unlawful police stop of a man leaving a private residence.

The suspect was arrested after the police officer learned the suspect had an outstanding warrant.

Illegal drugs were found in the suspect’s possession, after the officer searched him.

The search was conducted incidental to the arrest, as a result of the outstanding warrant for a traffic violation.

The U.S. Supreme Court decided that even though the stop was unlawful, it was not flagrant.

So they allowed the drug evidence to be admitted and used against the suspect to prosecute the illegal drug possession charges.

In this article we outline the case, the U.S. Supreme Court decision, and how it impacts your 4th Amendment rights, especially if you have an outstanding warrant for arrest.  Continue reading

Criminal Defense Challenges for Prohibited Possession of Firearms Charges in Arizona

                                                        Questions before the Court

The Arizona Rules of Criminal Procedure afford parties the right to request a change of judge before trial.  But these rights are not without limitations.

In a recent case, an Arizona appellate court reviewed a defendant’s conviction for misconduct involving weapons.  The appeal centered around two arguments, one being the defendant’s request for a new judge.

First, defendant had requested a peremptory change of judge under Arizona Rule of Criminal Procedure 10.2, which was denied by the trial court.

Secondly, the defendant challenged the sufficiency of the evidence used to obtain the conviction.

In this article we will also, take a closer look at the arguments, and summarize three concepts related to the Rules of Criminal Procedure for trial, which were addressed in this case:

  • The Right of the Parties to Request Change of Judge;
  • Special Actions v. Direct Appeals; and
  • Judgement of Acquittal

We will also discuss the proceedings, final ruling, the right to bear arms, procedural and evidentiary challenge in trial, and criminal defense for weapons charges.

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Your Guide to Understanding Risks and Consequences of Fentanyl-laced Heroin

Imagine 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 it means there is an only one in six chance you will survive the game, instead of a 5 in six chance of survival.

That leaves the player with less than 17% chance of survival, and an 83% chance of fatality.

Those are near the same odds of fatality when a person uses heroin laced with the super opiate known as Fentanyl.

Officials in Arizona as well as other parts of the country are on high alert as it leaves a path of fatalities and grieving families to mourn the loss of loved ones.

The Centers for Disease Control collected data that concluded that over the last 15 years, overdose deaths involving prescription and illicit opioid overdose deaths surged, and that this spike was largely driven by heroin.

In this article we will discuss the following topics intended to raise awareness and to provide general resource information.  Topics include:

  • Fentanyl & Signs of Fentanyl Overdose
  • Fentanyl Laced – Heroin – A Lethal Mix
  • Fentanyl – Laced Heroin Law Enforcement Seizures, and Trends
  • Narcotic Laws and Penalties including Fentanyl –Laced Heroin in Arizona
  • Good Samaritan Laws: Proposed Legislation
  • How to Detect Heroin Laced Fentanyl
  • Arizona Criminal Defense for Narcotic Drug Crimes

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