Phoenix Criminal Defense Blog
Posted on Jun 19, 2013
According to a recent decision made by the U.S. Supreme Court, certain suspects may be subject to a DNA test immediately after arrest, even before the process of trials and their conviction begin. ...
Continue reading "Supreme Court Rules Suspects May be Subject to DNA Test at Arrest" »
Posted on Jun 18, 2013
Under the Arizona criminal law, simple possession of drugs is an enormously different offense than the sale of drugs or the possession of drugs with the intent to sell. Generally, the simple ...
Continue reading "Drug Threshold Amounts in Arizona, and Their Consequences" »
Posted on Jun 11, 2013
In Arizona, the homicide statutes span the range from First Degree Capital Murder, to First Degree Felony Murder, to a simple Negligent Homicide. And just about every possible homicide scenario falls ...
Continue reading "The Common Law Manslaughter" »
Posted on Jun 4, 2013
We are often asked whether we handle " expungements " of criminal records. Well the fact is that there is no such thing as "expungement" in Arizona, or anywhere else for that ...
Continue reading "Expungement of Criminal Record in Arizona? ...Not so much." »
Posted on May 30, 2013
As a human, you are given certain rights, and that includes the ability to remain silent if you so choose. In almost every situation, you are given the opportunity to not have to speak up, however, it ...
Continue reading "Can I Refuse to Answer Police Questionings?" »
Posted on May 29, 2013
We help many clients who are charged with an offense called "Luring a Minor for Sexual Exploitation." When we get calls and inquiries on these types of cases, one of the primary questions ...
Continue reading "Sentencing Differences in Luring Cases" »
Posted on May 23, 2013
With 10,000 victims dying every year because of drunk driving accidents, the National Transportation and Safety Board has proposed that there be a nationwide law adapted to lower the blood alcohol ...
Continue reading "Tighter DUI Law Restrictions Nationwide?" »
Posted on May 22, 2013
In Arizona, most simple drug possession offenses fall under that protection of Proposition 200, a law that prohibits prison for drug offenders. However, the Arizona legislature has determined that ...
Continue reading "Methamphetamine Sentencing Provisions" »
Posted on May 15, 2013
In Arizona, even the first-time basic DUI offender receives jail time – although it is usually just for the minimum of one day. But that is just for the "basic" DUI, i.e., a DUI where ...
Continue reading "Reduction in Jail Time for Misdemeanor DUI Offenses" »
Posted on May 8, 2013
In the late 1990s, the voters in Arizona, through the proposition process, enacted a law that prohibited incarceration for most cases of simple drug possession, i.e., drug possession for personal use. ...
Continue reading "No Jail for Simple Drug Possession in Arizona... Usually" »
Posted on May 3, 2013
In Arizona, as in any other state, the police and prosecution have the burden to prove the defendant guilty on reasonable doubt. Criminal investigators and prosecutors use a variety of different kinds ...
Continue reading "Eyewitness Identification and Arizona Criminal Trials" »
Posted on Apr 29, 2013
Bribery is one of the various types of white collar crimes Arizona residents can be accused of and charged with. This crime involves offering something a value (a bribe) to someone in a position of ...
Continue reading "How Bribery is Defined and Punished in Arizona" »
Posted on Apr 25, 2013
Sex offender registration orders can be either "mandatory" or "discretionary" under Arizona law. Virtually all mandatory registration sex offenses require permanent registration. ...
Continue reading "When Can Sex Offender Registration Requirement be Removed?" »
Posted on Apr 22, 2013
According to the Wall Street Journal, a former employee trader for Goldman Sachs Group, Inc. pleaded guilty before the court for his acts of fraud nearly half a decade ago. During this time, this man ...
Continue reading "Former Goldman Trader Pleads Guilty to Fraud" »
Posted on Apr 17, 2013
When individuals are convicted of criminal offenses that are considered hate crimes, they become subject to harsher penalties under Arizona law. One example of this is evident through a recent case in ...
Continue reading "Man Gets Prison Time for Assault Deemed a Hate Crime" »
Posted on Apr 15, 2013
We are often asked by clients whether their assertion of constitutional rights will, in the long run, hurt or help them with the police and prosecutors. This question comes up in a variety of ...
Continue reading "What are the Consequences to Enforcing Your Rights During a Police Investigation?" »
Posted on Apr 11, 2013
Due to a lack of evidence, a man who was held in prison in Arizona for 41 years has been released. A Gannett AZCentral.com news story tells the story of the man who was accused of starting a deadly ...
Continue reading "Man Released After 41 Years of Imprisonment" »
Posted on Apr 3, 2013
After three days of domestic violence, an Alaska wife shot her husband while he slept six times. Killing him was an act of protection as she was held against her will and tortured over that period of ...
Continue reading "Alaska Woman Acquitted for Murdering Her Husband" »
Posted on Mar 18, 2013
Last August, a 16 year old girl was raped in West Virginia by who the prosecution believes to be two football players from Steubenville High School, 16 and 17 year olds. They are both being charged ...
Continue reading "Two High School Boys on Trial for Rape" »
Posted on Mar 13, 2013
Richard Beasley, 53, was arrested after for a deadly Craigslist plot that lead to the death of two men and the attempted murder of another. He has been convicted of 27 counts of aggravated murder as ...
Continue reading "Craigslist Murderer Convicted of Aggravated Murder" »
Posted on Mar 5, 2013
We often see clients that come to us with misdemeanor charges that have the added designation of "DV" or " Domestic Violence." The domestic violence categorization is something to ...
Continue reading "Criminal Damage Charges in Arizona Domestic Violence Cases" »
Posted on Feb 28, 2013
Anyone who's ever watched American television, which includes everyone who grew up and or lives here, and many more people in addition, know that they are entitled to have their "rights" ...
Continue reading "Miranda Rights in Criminal Prosecutions" »
Posted on Feb 28, 2013
When confronted with a case where evidence or contraband was seized from an automobile, one of the first questions we ask is whether the search and seizure by law enforcement was proper and legal. We ...
Continue reading "Do Police Officers Need a Warrant to Search an Automobile?" »
Posted on Feb 23, 2013
One question we are often asked in the context of Arizona probation violation proceedings is whether the defendant is entitled to bond or release while the charges are pending. Typically, the courts ...
Continue reading "Pre-Hearing Release for Probation Violation Charges?" »
Posted on Feb 22, 2013
Occasionally, in child or adult sex crimes cases, prosecutors will request permission from the court to use evidence of a defendant's prior involvement in a similar offense, or even go so far as ...
Continue reading "Use of Rule 404C by Prosecutors in Sex Crimes Case" »