Articles Posted in Arizona Criminal Defense

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…

Why Disorderly Conduct Charges are often challenged and dismissed “Disorderly Conduct” is also known as “Disturbing the Peace”. There are a number of offenses under Arizona Criminal Code A.R.S. 13-2904 that fall within the classification of Disorderly Conduct. These are among the most successfully challenged criminal offenses due to their vague and sometimes biased nature.…

The Mayor of Phoenix AZ recently announced plans for the largest Gun Buyback Program to be held in May 2013. It is being funded by an anonymous donation of $100,000.00. A Gun Buyback Program is an organized jurisdictional effort to compensate gun owners in return for their guns. The goal is to take unwanted guns…

The correct way to confront your accuser as afforded under the 6th Amendment of the US Constitution. Your Legal Rights to Confront Your Accuser or Witness A defendant has many rights under the State and US Constitution. The 6th Amendment of the US Constitution affords the accused of the right to confront their accuser or…

Disorderly Conduct also known as “disturbing the peace”, is one of the most common criminal offenses. In 2011, police made 17,537 arrests for this offense in Arizona, making it the 4th most common offense in the state. Most are charged as Class 1 Misdemeanors, which carries a jail sentence. But depending on the circumstances, may…

The Verdict could have national impact on when law enforcement can collect DNA evidence from suspects. On November 9, 2012, the United States Supreme Court agreed to hear a criminal DNA testing case, Maryland v. King (12-207), which could result in nation-wide impacts. The defendant’s DNA samples were collected immediately following his arrest. He was…

“Request made ‘unknowingly’; defendant lacked ability to adequately mount a defense” – says Judge On October 9, 2012, the Superior Court Judge in Maricopa County denied Michael Lee Crane’s request to represent himself at trial. Crane is accused three violent robberies and homicides in the Phoenix, AZ. The defendant claimed the reason he wanted to…

October 2012 marks the 25th anniversary of the observance of National Domestic Violence Awareness Month. Every nine seconds a woman in the United States is beaten. Three women a day in the USA lose their lives. But victims are not limited to women. Victims can be men, children, brothers, sisters, grandparents, or other familial relationship.…

Establishing driver impairment is the most challenging element of a DUI Elements of a DUI There are three elements of a DUI charge in Arizona. Establishing impairment is the third, and most difficult to confirm. First, the facts need to establish that the motorist must be driving or in actual physical control of a vehicle.…

Much controversy still surrounds the Arizona Medical Marijuana Act, even though the state law approved use for medicinal by qualified card-holders. Users driving who are patients that possess a medical marijuana card arrest for both possession, and Drug DUI. Marijuana Possession Charges Under current law qualified patients of the MM cards may purchase 2.5 ounces…