Category Archives: Criminal Law

Arizona Court of Appeals Ignores the Arizona Medical Marijuana Act in State v. Jones

The Arizona Court of Appeals yesterday decided State v. Jones in a perplexing 2-1 decision that appears to ignore the Arizona Medical Marijuana Act (“AMMA”).   Defendant Rodney Jones was a registered qualifying patient under AMMA allowing him to possess under … Continue reading

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Arizona Supreme Court Holds Smell of Marijuana Alone Sufficient for Probable Cause

Marijuana law is one of the most rapidly evolving areas of law nationwide. Half of the states, including Arizona, have legalized marijuana for medical purposes. Many of these new legalization laws have been enacted within the past ten years, which … Continue reading

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January Myth of the Month – I Don’t Need an Attorney

On an earlier post, I talked spoke about Miranda and that the officer’s failure to read Miranda rights on arrest is ordinarily not enough to dismiss the case.  However, even when a person is told the right to an attorney, … Continue reading

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Myth of the Month – Ignorance of Facts v. Law

The whole myth of ignoring the law as a possible (albeit mistaken) defense to prosecution is probably now dispelled. By now a lot of people have heard of the old phrase, “ignorance of the law is no defense.” In fact, … Continue reading

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Arizona Supreme Court Issues Opinion Regarding Marijuana DUIs. How does Dobson v. McClennen change the DUI landscape?

On November 20, 2015 the Arizona Supreme Court issued Dobson v. McClennen an important opinion in the marijuana DUI arena. Although the Court took a middle-ground approach in considering the State’s and Defendant/Petitioner’s arguments, it now allows the Arizona Medical … Continue reading

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DUI Myth of the Month – The Curious Case of Marijuana DUI

In Arizona, you can be convicted of a DUI if driving while a drug is in your system. For prescription drugs, there is a defense to DUI if the driver has a drug in his or her system but was … Continue reading

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October DUI Myth of the Month – Arrested for DUI? I thought I Passed the Tests!

Prior to making a DUI arrest, a police officer will ask the subject to perform a series of field sobriety tests unless there is a legitimate concern for the subject’s safety. The primary tests are: Horizontal Gaze Nystagmus (eye test), … Continue reading

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September DUI Myth of the Month – I Wasn’t Even Driving!

Although DUI typically stands for Driving Under the Influence, a defendant does not actually need to be driving to be found guilty of a DUI! Arizona law prohibits driving or being in actual physical control while under the influence of … Continue reading

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Criminal Law Myth of the Month – It took almost a year to press charges! Don’t I have the Right to a Speedy Trial?

There is a large confusion regarding the right to a speedy trial. Although it is true that defendants charged with a crime have a right to a speedy trial, people often get this right confused with a separate legal concept … Continue reading

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Criminal Law Myth of the Month – Miranda

If the police don’t read me my Miranda rights, my case will get dismissed right? Unfortunately, in most circumstances, Miranda does not go that far. Miranda only applies to statements during a custodial interrogation, meaning the police do not have … Continue reading

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