Arizona Criminal Defense Attorney Blog

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 Arizona Supreme Court recently considered whether the smell of marijuana was enough to establish probable cause for the purpose of issuing a search warrant in light of the Arizona Medical Marijuana Act (AMMA).
The AZ Supreme Court ruled that Marijuana odor can establish probable cause, unless there are other facts that would cause a reasonable person to believe that AMMA authorized the use of marijuana.
Before this case the standard for probable cause was what the Arizona Supreme Court described as marijuana “odor plus”.
It meant that the odor of Marijuana does not necessarily denote criminal activity, and that it was insufficient by itself to provide probable cause for a search warrant. Other circumstances needed to exist beyond the mere smell of marijuana to find probable cause.
But with the case we will be outlining here, the Arizona Supreme Court has reversed the Appeals Court’s Decision.
The Arizona Supreme Court adopted what they referred to as the “odor unless” standard. By this, the Court means that Marijuana odor itself justifies probable cause unless there is indication that the suspect’s activities are in compliance with the AMMA guidelines.
We will take a closer look at the case and its impacts on Arizona by featuring the following topics:
• Overview of Arizona Supreme Court Case;
• Impact of Ruling on Arizona;
• Questions & Answers;
• Criminal Defense Topics related to Marijuana Charges

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

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…