Articles Posted in AZ CRIMINAL DEFENSE TOPICS

Arizona jails and prisons have measures in place assure no criminal activity in progress in communications. These procedures enable officials to screen mail, and record telephone calls involving the suspect. The content of mail or phone calls can be used prosecute pending or future criminal charges. This article includes three things to keep in mind to help you avoid self-incrimination; How to invoke your rights; Aggravated Assault Penalties in Arizona; and How to resolve your criminal charges.

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). Under A.R.S. § 13- 3102 (I) (1) Arizona law provides an exception, to weapons misconduct laws if the firearm within the person’s possession or vehicle was not loaded with ammunition. In this case ammunition was not in the chamber. However, there was ammunition in the magazine which holds the shells for the purpose of feeding the chamber repeatedly.
The defendant argued that the law was unconstitutionally vague because it does not define the word “loaded”, and that some states define it more narrowly.
The Arizona Appeals Court affirmed the decision of the trial court which held that “loaded” includes not only the bullets contained in the firing chamber. Rather, a gun is also considered to be loaded if ammunition is contained within the cylinder, magazine, or clip of a firearm. The court cited a number of case precedents for relied upon by both sides which concluded this holding.
The Appeals Court concluded that a law is not constitutionally vague simply because the State Legislature decided not to define it more technically or narrowly. This article outlines the weapons misconduct at school laws, assault laws that apply; penalties; situations in which guns are permitted on school grounds; and criminal defense for charges.

5 Things You Should Know about Your Rights in a Police Stop and Arrest . In Mesa AZ you cannot be arrested on the basis of a non-criminal traffic violation.
However, that changes if you fail to stop or flee when police signal you to pull over for the matter. Fleeing from police or failure to stop are in violation of criminal unlawful flight laws. The most important thing you can do when you see flashing lights or hear the siren is to pull over safely and promptly. In the least you should slow down and find a way to signal to police that you see them and intend to pull over. Otherwise you could create probable cause for your arrest.
Recently, an Arizona Appeals Court ruled on whether or not a search warrant was required for police to follow a driver into a private driveway for a stop that began on a public road. It held that though a person is not subject to arrest for a civil traffic violation, failure to stop or comply with police does result in creating probable cause for arrest. The following case summary provides the Appeals Court’s majority opinion and basis for their decision to allow the evidence which reaffirmed the conviction. This article also provides a recent Arizona case ruling, and a list of 5 important questions and answers related to your rights at a stop, and defending subsequent criminal charges.

In this article, we will discuss four types of criminal charges often associated with domestic disputes that put a person at risk for harm or fatality, risk factors, and criminal defense topics. Any one or more of these criminal charges, in absence of injury can be life altering.
Convictions can jeopardize your freedom, leaving you with a long standing criminal record. The four types of charges often coupled with domestic violence crimes are weapons misconduct, aggravated assault, disobeying police orders, and domestic violence charges.

In any criminal trial, presentation strategy of the defense theory to the jury is equally as important as the defense itself. This article focuses on a recent Arizona Supreme Court decision where the defendant was convicted after committing a drug crime under duress. The Court ruled that the defendant has the right to inform the jury in opening statements of the intended testimony and reasoning behind it. Other features of the article include Arizona’s duress defense, Q. & A, drug smuggling penalties, defenses, and how a criminal defense attorney can help you defend your charges.

Miranda warnings are intended to help you avoid running afoul of your constitutional rights if you are in custody, and the police plan to question you regarding your involvement in a crime. Here are three facts revealed about your Miranda Rights that police are not required to tell you. Also provided is a case analysis which illustrates the impact of these factors in an Arizona Supreme Court opinion.

In a recent case the Arizona Supreme Court held that the entrapment defense afforded under A.R.S. 13-206, is reserved for cases in which the defendant admits to the substantial elements of the crime.
Put simply, this means that if the defendant wishes to gain an acquittal through use of the entrapment defense, they must admit that they committed the crime for which they are charged.
It doesn’t matter how much police deception or inducement was involved; unless the defendant is willing to admit to the substantial elements of the crime, the entrapment defense will not apply. Other resources include: Q & A,; burden of proof for entrapment laws; how to apply the entrapment defense; statutory elements of entrapment laws in Arizona; 10 defenses in addition to entrapment for drug crimes.

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…

Part I of II Introduction This collaborative two part series was inspired by my friend and colleague, Eyitayo Ogunyemi, LL.B, B.L, Attorney and Human Rights Advocate in Lagos, Nigeria. This is part I of II which applies to Phoenix, AZ laws, in the USA. Eyitayo Ogunyemi has written Part II, which applies to Lagos, Nigerian…

All Meth crimes in Arizona are Charged as felonies; all felonies expose a person to prison. Law enforcement officers recently conducted the biggest methamphetamine bust in Maricopa County’s history. Sheriffs investigated for several months before locating 18 bricks of meth (51 pounds) worth almost $1 million. The twenty-six year old suspect who possessed the bricks…