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In Arizona, a police officer cannot keep a driver in a traffic stop against his or her will without a legal basis to do so. Arizona case law specifically says that the appropriate duration for a traffic stop depends on the stop’s “mission” and on how long it takes the officer to address any safety…

Recently, an Arizona appellate court addressed the lower court’s new changes in procedure made in response to the Covid-19 public health emergency. The appellate court denied a defendant’s challenges to these changes, which included the option for potential jurors to appear by video instead of in-person and the decrease in peremptory strikes during jury selection.…

In a unanimous decision, the Arizona Supreme Court ruled that hashish qualifying patients under the AMMA are permitted to possess and use hashish because the statutory definition of “marijuana” includes resin, and by extension, hashish. With evolving court opinions and rapid changes in legislation, this article outlines current laws associated with medical marijuana, alternative forms of cannabis; differences between cannabis, marijuana, and hemp; impacts of recent federal and state legislation, criminal penalties for violations; and criminal defense topics.

A DUI breath or chemical test is considered a protected search under the 4th Amendment. This requires police to have a warrant for probable cause in order to conduct a DUI breath, blood or urine test. This is the case, even if it is administered under Arizona’s Implied Consent Law. Arizona courts have held that if a person was coerced by the officer to take the DUI test then their consent is not voluntary (State of Arizona v. Valenzuela, 2016). Thus, an involuntary consent does not relieve police of the requirement to obtain a warrant.
The Arizona Supreme Court recently issued a written opinion in an Arizona DUI case centered on the issue of whether the defendant’s consent to provide a blood test was voluntary or involuntary. This article outlines the recent Arizona Supreme Court opinion, Q. & A. surrounding Arizona’s Implied Consent Law.

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 possession. Earlier this year, the…

Reasonable Suspicion is a standard of proof in criminal law, recognized throughout the United States. It provides the justification needed by police to make an investigative stop.
This standard requires that the police have an unbiased belief of specific facts or circumstances that a crime or violation of the law has occurred.
The facts in which reasonable suspicion may arise must be articulable, in that they are capable of being expressed clearly. It requires more than a hunch, feeling, or guess. Reasonable suspicion in criminal law is a higher standard than preponderance of the evidence used in civil litigation. However, reasonable suspicion is a lower standard than probable cause in criminal law, which is required for police to obtain a search warrant, or to make an arrest.
Here are 5 more things you should know about reasonable suspicion for a stop.

The Arizona Court of Appeals recently outlined ways in which a qualified medical marijuana user can establish an affirmative defense for their DUI charges. Here are 3 ways a person facing Medical Marijuana DUI offense can establish an affirmative defense; as well as 10 other marijuana DUI defenses that can be used. Other featured topics include the burden of proof for affirmative defenses, marijuana DUI penalties, and what a criminal defense can do to help you defend your charges.
10 other common challenges for Marijuana DUI charges;
How a criminal attorney can defend your Marijuana DUI charges

All DUI convictions carry harsh penalties. But, by far aggravated DUI expose a person to the harshest sentencing. In 2012, a total of 7,696 Extreme DUI arrests were made representing 29% of the total 26,334 DUI arrests; and aggravated DUI (felony) arrests 3124 representing 12% of all DUI arrests last year. A majority of DUI…

The Meaning The phrase “Super Extreme” relative to “DUI” refers to the level or amount of Alcohol Blood Alcohol Content (BAC) found in a person’s system. “Felony” refers to the Classification of criminal charges as in the difference between Misdemeanor and Felony crimes. Differences between Misdemeanor and Felony DUI charges First we will discuss the…

“It may be possible to get your Scottsdale Arrest Warrant Quashed (cancelled) by Retaining a Criminal Defense Attorney.” Arrest Warrants Scottsdale AZ Basically, an arrest warrant is a legal order issued in the name of the State of Arizona which provides legal authority for the police or law enforcement to make an arrest. The two…