Arizona Criminal Defense Attorney Blog

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 Arizona police are permitted to request a nonconsensual blood draw, without a warrant, from a DUI suspect who is unconscious under A.R.S. §28- 1321.
The provision does have limitations, and the blood draw can be unconstitutional if an individual’s rights are rights are violated in the process.
The Arizona Supreme Court held ruled that the unconscious clause is permissible only when invoked non-routinely, under exigent circumstances, and are case-specific.
In a recent case, the AZ Supreme Court ruled held that a DUI blood test taken under the unconscious clause was unconstitutional.
The Court ruling was decided based on the grounds that conditions were not exigent, and the test was requested due to a systematic procedure, rather than individual circumstances. Under the good faith exception, evidence collected in violation of Fourth Amendment privacy rights can still be admitted at trial if the police acted in good faith.
But the court also determined that the good-faith exception to the exclusionary rule did not apply.
In this article we will discuss the decision, what means for Arizona drivers, how to protect your rights, and what happens if your rights are violated.

Without consent, or a warrant it is unconstitutional for the police to collect a DUI blood sample.
There are a few exceptions in which the police can obtain a blood test for investigation
In this article we will focus on the DUI medical blood draw exception, to a search warrant.
Under exigent circumstances, police can request a blood sample that is taken incidental to a blood draw for medical purposes.
The Arizona Supreme Court recently considered the question of when this exception would apply.
The blood draw exception requires medical personnel to give some of the blood sample drawn for medical reasons to a law enforcement officer, upon request.
The police can request a sample for a DUI investigation only if they have probable cause to believe the driver was under the influence of drugs or alcohol.
Here we take a closer look at the case and decision involving the medical treatment exception. , the AZ Supreme Court added another layer of protection to assure a driver’s rights are protected by due process of law.
In the past if police requested a DUI blood test under the medical treatment exception, they needed to show probable cause, exigent factors, and that a blood test was being done for medical reasons. As a result of this decision, that state further needs to provide a showing that the driver’s rights to direct their own medical treatment were not violated.

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

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.

You will get a comprehensive overview of Arizona DUI laws, and criminal defenses that can be used challenge them. The first 24 hours after your arrest is crucial. You will learn what you can do increase your chances of getting a favorable outcome in your case. Additional features include DUI prevention, Arizona arrest statistics and impaired driving trend, and penalties for DUI convictions.

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.

after the Stop. Can an Arizona Officer’s misreading of an unambiguous law give rise to reasonable suspicion, thereby making a stop lawful? This was a question for a recent Arizona appellate court to decide. In the case, the court considered whether a sheriff’s deputy had reasonable suspicion to stop a suspect because the officer thought the rear display light on the driver’s vehicle was unlawful.
This article will explore how defense successfully challenged an otherwise unlawful police stop due to the police officer’s mistake of law with the following topics: Overview of the case and ruling; Impact of Appeals Court ruling in Arizona; Questions and answers; 11 rights you have at an unlawful stop; 10 reasons to file a motion to suppress evidence; DUI & Criminal Defense in Phoenix and East Valley AZ