Articles Posted in Marijuana Laws

Recently, a state appellate court issued an opinion in an Arizona drug case involving the automobile exception to the search warrant requirement. According to the court’s opinion, an officer initiated a traffic stop of a vehicle with two passengers after noticing the vehicle swerve across the fog line of a highway in Arizona. During the…

If you have criminal charges, you will likely face a decision of whether or not to accept a plea deal, or enter a diversion program. This is because most criminal and DUI cases are resolved or terminated before trial. Maricopa County Superior Court reported that 97.8 percent of criminal cases filed in 2016 were resolved or dismissed, while only 2.2% went to trial.
This trend of increased plea bargains and deferred prosecution arrangements is on the rise and has been reported on the upswing on a federal level as well. The United States Sentencing Commission reported that 97.3 percent of criminal cases were resolved with the defendant entering a guilty plea, and 2.7 percent by trial. Defendants still have the right to trial. However, many choose to enter a plea agreement or deferred prosecution program to avoid the uncertainties of trial and to avoid the risk of being sentenced to harsh or maximum penalties.
Prosecutors are encouraged to pursue plea agreements and to offer diversion programs to reduce court caseloads, and to preserve resources needed to conduct a trial.
In any event, it is a good idea to become familiar with these arrangements so that if you are faced with a proposal, you can make informed decisions about whether or not to enter into these arrangements.
In this article we will discuss plea agreements, deferred sentencing, and how a criminal defense attorney can assist you in obtaining the best outcome in these arrangements.

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.

The Arizona Supreme Court provided a unanimous decision in a recent Marijuana DUI ruling. The court took a closer look at how the AMMA impacts prosecution. The Supreme Court ruled that Medical Marijuana card holders are not immune from prosecution under the state’s DUI law, which prohibits drivers from having in their blood marijuana or…

Why Two Appeals Court Rulings Contrasted: Justices Review Effects of AMMA on Marijuana Odor on Probable Cause. In late July, two different Appeals Courts in Arizona released contrasting opinions involving appeals to dismiss the Marijuana evidence due to lack of probable cause for the search. In both cases the defendants argued the because of the…

Possession of 2-4 pounds indicator of commercial dealings. Convictions call for mandatory prison. Cultivation or manufacture of marijuana for non-medicinal purposes (or growing outside the strict guidelines provided in connection with medical marijuana cards) remains a felony in Arizona. Those arrested and prosecuted for felony marijuana manufacturing can face serious punishments at sentencing. There have…

But Medical Marijuana Card Holders Not without Risk Almost three years after passage, Medical marijuana remains controversial in Arizona. Medical Marijuana was legalized in 2010 through voter passage of the Arizona Medical Marijuana Act (AMMA). The purpose of the AMMA is to protect patients with debilitating medical conditions, so that they can obtain necessary relief.…

On July 29, 2012 Arizona’s Governor Jan Brewer denied the request to halt implementation of the Medical Marijuana Law voted in by Arizonans in November 2010. Governor Brewer stated in a letter to the Yavapai County Attorney, that she is “duty-bound” from such halt because “the voters approved it”. Approximately 29,500 people have received their…

Arizona Marijuana DUI Defense The passing of Medical Marijuana Prop 203 does not affect Arizona’s Drug DUI laws. The fact that you may be a qualified card holder to use Marijuana (pot, weed, grass, cannabis) does not give you immunity against the strict Arizona DUI laws. If you are stopped by the police and determined…