Articles Posted in Arizona Criminal Defense

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.

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.

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.

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

The US Supreme Court determined that even though the stop was unlawful, the drug evidence could be admitted and used against him obtain a drug conviction. In this article we will outline the US Supreme Court decision; featured topics related to 4th amendment rights; how resolving an arrest warrant will help to preserve your rights; Questions and answers about arrest warrants

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…

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…

If you are placed on probation for a drug crime in Arizona, you have a reduced expectation of privacy than you had before. This means that, depending on the probation conditions, the privacy protections you thought you had under the Fourth Amendment of the United States Constitution related to search and seizure may not apply.…

♦ Featuring Tips from Authorities: How to Safely Respond (or not) to Road Rage ♦ Our Federal and State Constitutions afford us the right to bear arms, to protect ourselves, our families, and others from immediate harm due to serious crimes in progress. So why then, must we be concerned with facing criminal charges if…