Arizona Criminal Defense Attorney Blog

Drivers with Marijuana in their vehicle, who consent to search may be easier to prosecute than those who expressly refuse. Most people understand that they have a Fourth Amendment right under the United States Constitution to be free from unlawful searches and seizures. They may know that the police must usually have probable cause to…

A person will face “Dangerous Offense” Aggravated Assault charges if a deadly weapon is displayed or used in a crime. An assault charge may be brought as a Misdemeanor or Felony (Aggravated). A person may be guilty of misdemeanor assault if they put someone in fear of bodily harm, touch someone with the intent of…

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…

Driving under the influence of a legal drug in Arizona is not solely a defense for DUI. Last year, the Arizona Department of Public Safety revealed that prescription drugs were increasingly being found in the blood and urine tests of individuals who have been pulled over or arrested in Arizona and suspected of DUI. Prescription…

All Meth crimes in Arizona are Charged as felonies; all felonies expose a person to prison. Law enforcement officers recently conducted the biggest methamphetamine bust in Maricopa County’s history. Sheriffs investigated for several months before locating 18 bricks of meth (51 pounds) worth almost $1 million. The twenty-six year old suspect who possessed the bricks…

Assault and related victim crimes carry the most severe penalties of all crimes in Arizona Violent crimes continue to plague Tempe AZ, especially on, and near Arizona State University (ASU). Tempe Police reported #911 and other calls for help had increased by 97 percent in 2012 over 2011, and arrests in criminal incidents continue to…

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…

Impact of Maryland v. King Ruling on Arizona: What it gives and what it takes. Privacy rights were outweighed by law enforcement interests in the United States Supreme Court’s June 3rd ruling in Maryland v. King. In this case, the Court was divided 5-4 over the question of DNA sample collection. All states and the…

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.…

No “substantial penalties” can be imposed as a result of exercising their Fifth Amendment Rights Most people know they have a Fifth Amendment right not to be forced to incriminate oneself. This right encompasses not only the right not to speak about something that might lead you to actually admit to wrongdoing, but also the…