Arizona Criminal Defense Attorney Blog

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.

Excessive drinking while being exposed to the sun intensifies the effects of alcohol which can lead to injury, high BAC levels and Extreme DUI. This article features 20 alcohol & DUI Safety Tips; 7 Facts about high BAC; Arizona’s Extreme DUI Laws; Penalties; and Criminal Defense in Arizona.

Arizona recently passed new legislation making it easier for individuals to be arrested and charged with stalking. The law includes provisions for a wider range of conduct, and was updated to address stalking offenses related to digital, and wireless communications. Special features covered in this article include myths and facts; the stalking law before and after HB 2419; Penalties; and criminal defense topics.

Arizona’s SB 1228 has passed, and will allow judges to have some discretion as to whether or not to impose installation and use of an IID. This article will provide an overview of the new law as well as other related information about Arizona’s Ignition Interlock Device Program to include: Overview of Arizona SB 1228; Ignition Interlock Devices used in DUI Sentencing; AZ removes Ignition Interlock Device Requirement for Drug DUI; How Arizona’s the new law will Impact Arizona Drivers; Driver Obligations for Use and Reporting of IID; 10 Frequently Asked Questions about Arizona DUI IID Program; DUI Classifications, Penalties & Criminal Defense Mesa AZ

Consent for DUI Testing Gained by Officer’s Warning of the Law does not Constitute Voluntary Consent…unless Good Faith Exception to the Exclusionary Rule Applies. This article provides a case over overview and discussion of legal principles that applied. Article features include: Impact of ruling on Arizona DUI suspects; Good Faith Exception to the Exclusionary Rule; Arizona Court decisions on what constitutes voluntary consent to search; and answers to the question of whether or not a suspect should consent to DUI testing in Arizona; and Common defenses for DUI charges in Arizona.

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…

Imagine the lethal game of “Russian Roulette”, but with different rules of chance. Let’s say the chambers in a revolver with 6 rounds are all loaded with bullets, with the exception of only one chamber. As if the risks weren’t enough in the traditional game. They just increased drastically. Now it means there is an…

If you are arrested for a DUI, you have a right to request an attorney’s assistance right away. But how much time are you given to find an attorney before you are given a Breathalyzer? In a recent Arizona Court of Appeals case, the defendant was convicted of aggravated DUI, for driving while impaired with…

In a recent case ruling the Arizona Court of Appeals upheld a woman’s conviction for possession for sale of methamphetamine and drug paraphernalia. The central issue in the Appeal was whether or not a K-9 drug search of her vehicle was within the scope of a voluntary consent to search she agreed upon. Case Facts…

In a recent Arizona Supreme Court drug case, a man convicted of 11 drug-related crimes was sentenced to concurrent, consecutive presumptive terms of imprisonment. The defendant appealed, challenging five convictions related to violations of A.R.S. § 13-3417(A) to facilitate or conspire to commit felony drug crimes. In this article we provide an overview of the…