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Recent Posts in Criminal Defense Category

  • New Rulings on Warrantless DUI Blood Draws

    Posted By Law Offices of Joshua S. Davidon || 22-Oct-2014

    The Arizona Court of Appeals ruled on the side of a woman convicted in a drunk driving case. The court ruling means that Arizona will no longer allow involuntary DUI evidence to be used against a DUI defendant. The woman's case was overturned and her case will be retried with this new information. September Court of Appeals Ruling The ruling states that prosecutors are unable to use blood ...
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  • Phoenix Transgender Woman Appeals Prostitution Charge

    Posted By Law Offices of Joshua S. Davidson || 4-Sep-2014

    Woman Arrested for Suspiciously Motioning A Phoenix woman is appealing her conviction of a prostitution-related charge by claiming that the law used for her arrest and conviction was interpreted too broadly. She also argues that it infringed on her First Amendment rights. The woman, who is transgender, was arrested under a Phoenix ordinance that makes many common bodily gestures illegal. If a law ...
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  • Underage DUIs in Phoenix

    Posted By Law Offices of Joshua S. Davidson, PLC || 8-Jul-2014

    Phoenix DUI Attorney In Arizona, as in every other state in the country, the legal drinking age is 21. Along with this, there is a Zero Tolerance Bill in Arizona that means any measurable amount of alcohol in a minor's system is illegal. This means that a teen would not have to actually be impaired in order to land a DUI charge. This charge could result in penalties that include: Detention in ...
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  • What Are the Penalties for Selling Narcotics in Phoenix?

    Posted By Law Offices of Joshua S. Davidson, PLC || 17-Jun-2014

    While any drug sale charge is a serious issue, when the charge involves narcotics such as cocaine and heroin, the potential penalties become that much more severe. If someone is charged with selling or transferring narcotic drugs, he or she is looking at a Class 2 felony charge. What exactly are the penalties you could be facing? These could include: Prison for three to 12.5 years A $150,000 fine ...
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  • How to Get Your Suspended or Revoked License Back in Phoenix

    Posted By Law Offices of Joshua S. Davidson, PLC || 3-Jun-2014

    There are many reasons that a driver's license could be suspended or revoked in Arizona, and many of these reasons include criminal charges. You could even lose your driving privileges because you racked up too many points due to traffic violations. If you're caught driving without a license, you could face severe penalties. Keep reading to learn more about license suspension, and how to ...
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  • Arizona Supreme Court Dismisses Marijuana DUI Case, Alters Interpretation of DUI Law

    Posted By Law Offices of Joshua S. Davidson, PLC || 1-May-2014

    While medical marijuana is legal in Arizona, it used to be that if a driver had any trace of marijuana in their system, they could face DUI charges. The problem with this, is that a non-impairing metabolite could remain in a user's bloodstream for as long as a month or more after medication. One marijuana DUI case made it all the way to the state Supreme Court, and last week, the majority of ...
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  • Do I Have to Take a DUI Test in Phoenix?

    Posted By Law Offices of Joshua S. Davidson, PLC || 17-Mar-2014

    What Implied Consent Law Means for Arizona Drivers Under this "implied consent", every driver is said to have given his or her consent to take a breath, blood, or urine test if they are ever lawfully arrested on suspicion of a DUI. These tests, which are meant to reveal to your blood alcohol content (BAC) , have to be administered no later than 2 hours after you have driven. You do not ...
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  • Penalties for Shoplifting in Phoenix, Arizona

    Posted By Law Offices of Joshua S. Davidson || 5-Feb-2014

    Retail theft, or shoplifting, in Arizona could involve anything from switching price tags to hiding and stealing merchandise. Depending on the circumstances surrounding the accusation, shoplifting could be charged as a Class 1 misdemeanor all the way up to a Class 4 felony. If someone is convicted of shoplifting, on top of the criminal penalties they could face, they could also be sued for the ...
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  • Prosecution Entitled to Withhold the Date of Birth of Alleged Crime Victims

    Posted By Law Offices of Joshua S. Davidson, PLC || 4-Feb-2014

    For nearly two decades, Arizona has recognized the Victims Bill of Rights. These rights, which have been embodied in the state constitution, afford a number of legal protections to individuals who are alleged to be victims of crime. Included among these rights is the right to have their personal information with held from the defendant and to refuse any discovery request. For example, when the ...
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  • The Scottsdale Police Department Crime Lab--The Story Continues

    Posted By Law Offices of Joshua S. Davidson, PLC || 15-Jan-2014

    Recently, many local news outlets have begun to cover the ongoing problems at the Scottsdale crime lab. The public attention that has been brought to bear on these issues was precipitated by a recent ruling in the Superior Court regarding 11 felony cases involving charges of aggravated DUI. Although the ruling in those cases do not bind court with regard to any other cases that went through the ...
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  • Felonies, Misdemeanors and Undesignated Offenses

    Posted By Josh Davidson || 9-Jan-2014

    One of the most common questions that a criminal defense attorney is asked by their client is whether their charges are felonies or misdemeanors. There are several important distinctions between the two. Generally speaking, felonies are far more serious then misdemeanor cases. If a person is charged with a felony, such as aggravated assault, possession of dangerous drugs or unlawful flight, they ...
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  • Witness Interviews and Defense Investigation

    Posted By Josh Davidson || 2-Jan-2014

    When defending a criminal or DUI case, one of the most critical steps in the process of building a defense is the pretrial interview of the prosecutions witnesses. Under Arizona law, the defense is entitled to interview any witness that the prosecutor intends to call at trial. There are certain exceptions to this rule; for example, if a case involves an alleged victim, he or she has the right to ...
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  • A Minor's Constitutional Rights in Juvenile Delinquency Proceedings

    Posted By Law Offices of Joshua S. Davidson || 16-Dec-2013

    Before the 1960s, a minor had almost no constitutional protections in juvenile court. But now, after years of U.S. Supreme Court decisions and other changes in the law, the due process rights of a minor have increased substantially. While these rights still differ from the rights accorded to adults in criminal court, a minor still has constitutional protections. Here then is a breakdown of some of ...
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  • The DUI Case: the DUI Arraignment

    Posted By Law Offices of Joshua S. Davidson || 8-Nov-2013

    If you have been arrested for a DUI in Phoenix, then you will be officially charged with this offense in an arraignment, which is a preliminary court hearing. After hearing your charge at the hearing, you will have to enter a plea of either guilty or not guilty (or no contest). This is also where bail could be set, where prior charges are heard, and where you could request a jury trial. Here is a ...
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  • A Closer Look at Drug Possession Charges in Phoenix

    Posted By Law Offices of Joshua S. Davidson || 21-Oct-2013

    If you have been charged with possession of a controlled substance, then it is vital to understand what you are up against, especially the serious penalties that are involved, and the defenses available to you. While your criminal defense lawyer can tell you best what to expect in your case, here is an overview of what drug possession charges in Phoenix entail. These charges could come as a ...
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  • Do You Know How to Use Your Right to Remain Silent?

    Posted By Law Offices of Joshua S. Davidson PLC || 25-Sep-2013

    It is not as straightforward as you would think, at least not anymore. This past summer, on June 17, the Supreme Court made a 5-4 ruling that affects your Fifth Amendment rights. The decision was based out of a murder case. The police had been questioning a suspect, but the man was not in police custody. This meant that he had not been read Miranda warnings yet, nor did he have a right to hear ...
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  • Sentencing Reform Ahead?

    Posted By Law Offices of Joshua S. Davidson, PLC || 18-Sep-2013

    Under mandatory minimum sentences, nonviolent, low-level drug offenders can receive the exact same sentences as drug traffickers who are part of a cartel. Because they are mandatory, it does not allow a judge to take the whole context into account in order to provide a fair sentence. Not only have these sentences meant that a multitude of first-time offenders face decades in prison, but nearly ...
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  • Risk Assessment Test - Abel Assessment

    Posted By Law Offices of Joshua S. Davidson, PLC || 4-Sep-2013

    As we've discussed elsewhere. One of the methods used to negotiate a settlement with the prosecution is to have the accused undergo a professional "risk assessment" evaluation in order to show the prosecution that the accused is a low risk to reoffend. The analyst subjects the accused to a number of psychological tests and a polygraph test in an effort to come up with the risk ...
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  • Interstate Compact For Out of State Defendants

    Posted By Law Offices of Joshua S. Davidson, PLC || 30-Aug-2013

    What if you are living outside of Arizona and just happened to be visiting Arizona at the time the offense was committed (or, for some other reason, are facing an Arizona felony probation grant)? In such a case, having your probation supervision transferred to your home state is a relatively quick and straightforward process. Although you technically be under the supervision of the Arizona ...
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  • Interstate Compact Transfer of Sex Offenders

    Posted By Law Offices of Joshua S. Davidson, PLC || 26-Aug-2013

    At first impression one would think that sex offenders would not be permitted to transfer their probation from one state to another. However, the rules of interstate compact adult probation transfer apply to sex offenders just as they do to standard felony offenders. But there are, as you might expect, some additional requirements in the application and reporting requirements. In addition to the ...
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  • Problems with Discretionary Sex Offender Registration

    Posted By Law Offices of Joshua S. Davidson, PLC || 21-Aug-2013

    The Arizona laws for sex offender registration are located in Arizona Revised Statues §13-3821. There is a long list of offenses for which registration is mandatory. If a registration is "mandatory" that means that no one, not even the judge, can omit or delete the registration requirement. There is also a shorter list of offenses in §13-3821 for which registration is ...
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  • Interstate Compact Expedited Transfer

    Posted By Law Offices of Joshua S. Davidson, PLC || 13-Aug-2013

    As we've discussed elsewhere, Arizona probationers may be permitted to move to a new state under the interstate compact rules for transfer of probation. Normally, an interstate compact probation transfer application can take months to complete. Someone who applies in June may not get their reporting instructions (the official permission to move) until December. But in certain circumstances, ...
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  • Traveling Out of State While on Arizona Probation

    Posted By Law Offices of Joshua S. Davidson, PLC || 8-Aug-2013

    Generally, anyone who has been placed on supervised probation in Arizona is not permitted to travel to other states without the expressed permission of the probation officer. There are different ways to get the probation officer's permission to travel out-of-state, and different circumstances under which that permission may or may not be given. If the probationer wishes to permanently leave ...
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  • Interstate Compact - Mandatory Transfer

    Posted By Law Offices of Joshua S. Davidson, PLC || 5-Aug-2013

    Probationers may sometimes wish to move to another state while they are serving a term of probation in Arizona. Whether or not the probationer is permitted to move depends on whether the probation supervision can be transferred to the new state pursuant to the rules of the interstate compact for transfer of adult probationers. In order to transfer, the probationer must get the approval of both the ...
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  • Probation Interstate Compact - Transfer Procedures

    Posted By Law Offices of Joshua S. Davidson, PLC || 31-Jul-2013

    When an Arizona probationer expresses an interest in being transferred to another state for probation under the interstate compact, one of the first responses from the lawyers, courts, and probation officers is a warning about how long the process can take to get completed. The process is not as simple as the assigned probation officer picking up the phone and calling someone in another state to ...
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