Category Archives: Criminal Law
New Year, New You! Updates to Set Aside an Old Conviction
Over six years ago, I wrote an article on set asides: 2015 Article on Set Asides. Since then there have been several changes in the law. I go through the biggest changes in a recent video I uploaded on the … Continue reading
Arizona Supreme Court Issues Important Order for Court Transition Due to Coronavirus
Given the concern regarding the COVID-19 pandemic, courts around Arizona have largely avoided all in-person hearings. Many matters previously set for April and May have been converted to telephonic, video, or continued. On Friday May 8, the Arizona Supreme Court … Continue reading
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
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
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
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
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
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
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
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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