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Recent Posts in Criminal Defense Category

  • 'Rapid DNA Technology' Being Used in Phoenix

    Posted By Law Offices of Joshua S. Davidson, PLC || 1-Jul-2015

    A new DNA analysis technology has been made available to local law enforcement agencies; it is meant to speed up the DNA testing process in criminal cases, which law enforcement officials say could make the process of identifying suspects go much faster. In March of 2015, officials said that the Tucson Police Department and the Pima County Sheriff’s Department were already using the new ...
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  • Arizona DUI Penalties

    Posted By Law Offices of Joshua S. Davidson, PLC || 3-Jun-2015

    Were you recently arrested for driving under the influence (DUI) in Phoenix? If you are wondering if it’s worth fighting your charges, the answer is yes! Arizona, much like Texas and Florida has some of the toughest laws in the nation, and DUI is no exception. It’s important that you understand that the consequences of a DUI extend beyond the court-ordered fines, jail, and community ...
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  • Will a Conviction in Arizona Stop Me From Owning a Firearm?

    Posted By Law Offices of Joshua S. Davidson, PLC || 6-May-2015

    If you are facing misdemeanor or felony charges in Phoenix, you may be wondering if a conviction would block you from possessing, controlling, or purchasing a firearm, and understandably so. While most misdemeanor convictions won’t preclude a person from possessing or purchasing a firearm in Arizona, misdemeanor convictions for domestic violence as defined under Sec. 13-3601, and a ...
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  • Defense: Defendant Mentally Ill When He Killed 6-Year-Old

    Posted By Law Offices of Joshua S. Davidson, PLC || 16-Apr-2015

    A Phoenix man is being charged with the killings of his brother and 6-year-old nephew. His defense attorney explains that before becoming mentally ill and capable of murder, he was an honor student on scholarship at Arizona State University. Prosecutors argue that C. Licon, 24, wasn’t exhibiting signs of mental illness, instead he was behaving as a calculated killer who shot his brother on ...
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  • Does Arizona Have a Stand-Your-Ground Law?

    Posted By Law Offices of Joshua S. Davidson, PLC || 17-Mar-2015

    In the United States, a number of states have adopted “stand-your-ground” laws, including Arizona, Utah, California, and Texas. Under the stand-your-ground theory, an individual is authorized to defend their own life against a perceived threat. A person in such a situation has no duty to retreat from any place they are lawfully present, and they may use force, including deadly force, ...
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  • The Death Penalty in Arizona

    Posted By Law Offices of Joshua S. Davidson, PLC || 3-Mar-2015

    Congress or any state legislature has the right to prescribe the death penalty for murder and other capital crimes. The Supreme Court ruled that the death penalty does not violate the Eight Amendment’s ban on cruel and unusual punishment; however, the Eight Amendment does shape how it must be carried out. In Arizona, the death penalty is only imposed on cases involving first-degree ...
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  • Should I Accept a Plea Bargain?

    Posted By Law Offices of Joshua S. Davidson, PLC || 27-Jan-2015

    A plea bargain is an agreement between the prosecution and the defense whereby the defense agrees to plead guilty to some variation of the charges against them in exchange for a lighter sentence and other concessions from the prosecution. A plea bargain is intended to allow the defendant and expedited trial process while reducing the number of cases that judges must handle. Why a Plea Bargain ...
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  • Options for Sentencing Juvenile Criminal Offenders

    Posted By Law Offices of Joshua S. Davidson, PLC || 8-Jan-2015

    Juveniles that commit crimes represent a unique challenge for the legal system. If someone is under the age of 18, they are not considered an adult, and thereby are not necessarily accountable for their actions. If someone under 18 commits a crime, they are to be held responsible for their actions, usually in ways that seek to rehabilitate them for their actions rather than punish. What penalties ...
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  • 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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