Arizona Criminal Defense Attorney Blog

Under Arizona law, courts must assume that any juvenile suspect’s confession to a crime is involuntary, unless there is reason to think otherwise. This means that if a young individual is accused of a crime, and if that individual confesses to the crime, the individual can later argue that his confession was involuntary. At that…

As you may know, hearsay is a statement made out of court that a litigant tries to use in court. The second element of hearsay that you may not know, however, is that the statement must be offered “for the truth of the matter” it asserts. If this element is not present, the court will…

In Arizona, a police officer cannot keep a driver in a traffic stop against his or her will without a legal basis to do so. Arizona case law specifically says that the appropriate duration for a traffic stop depends on the stop’s “mission” and on how long it takes the officer to address any safety…

In a recent opinion published by the Arizona Court of Appeals, Division One, the court vacated a trial court’s dismissal of an assault indictment. On appeal, the State had argued that the trial court should not have dismissed the defendant’s indictment, which was based on the defendant’s status as a minor at the time of…

In Arizona, if a defendant with prior convictions is found guilty of a crime, that defendant will face a harsher sentence than if he or she had no prior convictions. A recent case before the Arizona Court of Appeals, Division One, highlights this reality, which can be difficult for defendants trying to argue for lighter…

When can an Arizona court admit evidence regarding a previous, seemingly unrelated offense during criminal proceedings? The answer is tricky, as there are multiple exceptions to the rule of evidence indicating that testimony about a prior bad act is inadmissible during trial. One such exception is when the evidence speaks to a party’s motive, opportunity,…

When evidence regarding a defendant is more prejudicial than it is relevant, it is the defense attorney’s job to fight to exclude the evidence in order to keep the jury from being unnecessarily biased. In a recent case before the Arizona Court of Appeals, Division Two, the defendant successfully appealed his conviction of second-degree murder…

In a recent case before the Arizona Court of Appeals, Division One, the court had to decide whether a police officer’s honest mistake before a traffic stop meant the trial court should have suppressed evidence that he found during the stop. The case highlights the leniency that some courts will give to officers based on…

In Arizona, a person is justified in using physical force if the force is immediately necessary for that person’s protection. This justification is called self-defense. In a recent case before the Arizona Court of Appeals, Division One, the court found that the defendant did not prove he acted in self-defense during a violent altercation. With…

In an April 2024 opinion regarding sexual exploitation of a minor, Division Two of the Arizona Court of Appeals sided with the defendant by ruling that the government should not have searched the defendant’s personal property without a warrant. The case revolved around the defendant’s spy camera, which he put in a bathroom to secretly…