Articles Posted in Arizona Criminal Defense

Much controversy still surrounds the Arizona Medical Marijuana Act, even though the state law approved use for medicinal by qualified card-holders. Users driving who are patients that possess a medical marijuana card arrest for both possession, and Drug DUI. Marijuana Possession Charges Under current law qualified patients of the MM cards may purchase 2.5 ounces…

On September 18, 2012, U.S. District Judge Susan Bolton released the temporary restraining order on the immigration provision in SB 1070 A.R.S. 11-1051 (B). The action was pursuant to the U.S. Supreme Court’s ruling on the matter in June 2012. At the center of a two year legal batter, is the provision in the law…

Arizona police are allowed to use some force if necessary. But only to the degree that is necessary to prevent a suspect from fleeing; or to avoid harm, or injury to others. Police are not allowed to use excessive physical or lethal force. The justifiable amount of force that can be used is dictated by…

45 years after Miranda v. Arizona – Its impact on the US Criminal Justice System Over the last 45 years, legal controversies and challenges have continued to plague the “Miranda Rights”. Yet still it is recognized by all states in country. Following an arrest, the police must inform or warn a person of their “right…

A Simulated Explosive Device (SED) is a “Prohibited Weapons” under Arizona Law ARS § 13-3101. Misconduct with a Prohibited Weapon such as SED is a Class 5 felony. Knowing and intentional assault to a person resulting from an SED is a Class 4 felony. All felony offenses in Arizona are serious, and carry prison time.…

Prohibited Possession or Use of Firearm Laws Phoenix Arizona Under Arizona Law A.R.S. § 13-3102 a person may be guilty of misconduct with weapons if they knowingly: 1. Possess a “deadly weapon” or “prohibited weapon” and is a “prohibited possessor” as defined under A.R.S. § 13-3101; and/or2. Transfers or sells a “deadly weapon” to a…

Clemency Defined Clemency is a mitigation of penalties; a pardon; a discharge from prison; reduction of felony prison sentencing; a reprieve or a temporary delay or suspension of sentencing. It may be granted for the Governor of Arizona or the President of the United States. The effect does not eliminate the conviction, or mean that…

An Arraignment is a hearing where you will provide your Initial Plea for DUI or Criminal Charges. There are three ways to plea: “Not Guilty”, “Guilty” or “No Contest.” To invoke your right to defend your charges and retain an attorney you should plead “Not Guilty”. Events that take place at Arraignment At the Arraignment…

Arrest Warrants in Phoenix AZ Never ignore an arrest warrant in Maricopa County. It is a very serious matter. An arrest warrant stays outstanding and in effect indefinitely until the warrants is “quashed” (cancelled) ; a suspect is arrested; or the matter otherwise resolved by your criminal defense attorney. You should never ignore it. If…

Felony Charges Scottsdale AZ All felony convictions in Arizona expose a defendant to prison sentencing and other harsh penalties. If you face any type of felony charge, you should consult an experienced criminal attorney to discuss your charges and defense options. There are three critical phases in criminal justice process, where you should have legal…