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Prop 207 Passed – Now What?
In the November 2020 general election Arizona voters passed Proposition 207 which legalized the possession of marijuana. Certain provisions in this law go into effect immediately while others do not start till mid-2021. Prop 207 allows adults who are at least 21 years of age to be able to possess marijuana. It allows those […]
Read More….But the officer didn’t read me Miranda….
Anybody that has watched a television show or movie with police offers is familiar with Miranda warnings. They are the warnings that advise an individual that they have the right to remain silent and that any statements made by them can be used against them in court. Even though Miranda warnings have been around for more than 50 […]
Read MoreWhat should I do if I am charged with a dangerous offense?
The use of a weapon during the commission of any criminal offense makes the potential punishment for that offense significantly harsher. In Arizona these offenses are referred to as dangerous offenses. A dangerous offense is defined by statute as one that includes the use or threatening exhibition of a deadly weapon or dangerous instrument […]
Read MoreWhat happens if I lose?
One of the most common questions I get when I deal with a new client is “What happens if I lose this case?” The answer to that question depends on what type of an offense the individual is facing, whether there is prior criminal history, and the circumstances and facts surrounding the current offense. […]
Read MoreI’m going to Appeal! What that really means
A few years ago, the Netflix documentary Making a Murderer swept across the United States. The documentary followed the trial and ultimate conviction of two people, Steven Avery in Brendan Dassey, for the murder of a woman in Manitowoc County, Wisconsin. Since the airing of the documentary many people have become invested in whether or […]
Read MoreSetting Aside an Arizona Conviction
Recently Joe Arpaio made the news after his conviction was overturned due to a presidential pardon. The former sheriff of Maricopa County had been convicted of failing to follow a court order before President Trump pardoned him. With a presidential pardon that a person who has been convicted of a crime is free and absolved […]
Read MoreSuper Bowl Celebrations Equal Jail Time?
The Philadelphia Eagles won Super Bowl 52 41-33 over the New England Patriots. Almost immediately following the Eagles win, news reports started showing fans celebrating in the city of Philadelphia. Fans were jumping off awnings, climbing light poles, going into gas stations and throwing food and chips around, flooding the streets in excitement. What would […]
Read MoreArizona Sex Offenses – Bad News
Larry Nassar the disgraced former doctor of the United States gymnastics team was recently sentenced to between 40 and 175 years in prison after he admitted to sexually assault gymnasts. Nasser and entered into a plea agreement admitting to his guilt. How does that type of sentence compared to what one might expect in Arizona […]
Read MoreBeginners Guide to Medical Marijuana in Arizona
In 2010, the state of Arizona passed Proposition 203 which legalized the possession and use of marijuana for Arizona residents with certain medical conditions such as cancer, seizures and HIV and many more. Having a medical marijuana card or acting as a caregiver for someone who uses medical marijuana does not mean that you are […]
Read MoreMyths About Shoplifting
Shoplifting in Arizona is a crime with serious penalties, including potential fines and jail time. In addition to the criminal charges, shoplifters can be sued by merchants in civil court to recover damages as well. If you are facing a shoplifting charge, make sure you seek out a qualified Tempe Shoplifting Attorney for help. […]
Read More5 Worst Crimes Committed by NFL Players
Football players are big shots on and off the field, but that doesn’t mean they never get in trouble with the law. Here are five notorious criminal defense cases involving an NFL player. Remember, if you or someone you love is charged with a crime, you need the help of a qualified, experienced criminal […]
Read MoreArizona Domestic Violence By The Numbers
Did You Know? 1 in 3 women and 1 in 4 men in the US have experienced some form of physical violence by an intimate partner On a typical day, domestic violence hotlines receive approximately 21,000 calls – this is an average of 15 calls every minute Intimate partner violence accounts for 15% of all […]
Read MoreBottom Line: Your Criminal Defense Attorney Must Defend Your Constitutional Right
So, you or someone you love has been charged with a crime and now you need to hire a criminal defense attorney. This can be a daunting task, but a good lawyer can make a huge difference to the outcome of your case. First and foremost a good criminal defense attorney should care about […]
Read MoreThe Toll of Solitary Confinement
Throughout the nation, state prisons are coming under intense scrutiny because of concerns that inmates who are deprived of social contact in solitary confinement can suffer serious psychological damage. At Men’s Central Jail in downtown Los Angeles, there are more than 300 inmates living in near-total solitude, deprived of meaningful human contact either because they […]
Read MoreViolent Crime On the Rise?
On Monday, the FBI released its 2015 crime statistics and on the surface the numbers are staggering. Homicides in the US went up by more than 10% while violent crime increased by nearly 4% over 2014. Many cities in Arizona saw numbers close to these averages. Many of the state’s largest cities experienced an […]
Read MoreArizona Kidnapping & Abduction Laws
Under federal law, kidnapping is defined as the taking of one person from one place to another against their will, or the confining of a person to a controlled space. If you, or someone you love, is facing kidnapping or abduction charges, you will need to seek out the help of an experienced Tempe Kidnapping […]
Read MoreArizona Drug Manufacturing Laws
In Arizona, it is unlawful to manufacture or possess the equipment to manufacture, dangerous drugs, prescription-only drugs, and narcotics. A charge of possession of manufacturing materials occurs when a defendant possesses certain chemicals or items which could be used to manufacture or make, illegal drugs. Drug manufacturing is a serious crime in Arizona, and if […]
Read MoreCan Police Randomly Stop Drivers in Arizona?
Yes, sobriety checkpoints are permitted in Arizona. These checkpoints, also called roadblocks, are police traffic stops that are not tied to any specific suspicious activity. Wait, you might ask, don’t police officers need to have probable cause before stopping someone? Yes, probable cause is required for a traffic stop, but the US Supreme Court has […]
Read MoreWhat You Need to Know About Underage DUI in Arizona
The legal drinking age in Arizona is 21 and consumption of alcohol by anyone under 21 is illegal. The legal blood alcohol content (BAC) for adults is .08 but drivers under 21 cannot have any alcohol in their system. Our has a very tough no tolerance policy when it comes to minors who choose to […]
Read MoreIs it Ever Legal to Shoot a Trespasser?
Property owners, generally, cannot use deadly force to protect their property, but they might be able to shoot at trespassers in self-defense if they fear great bodily harm or death. This is a legal gamble and you could potentially be held liable civilly and/or criminally if your efforts cross the line. Seeking the help of a […]
Read MoreWhat’s the Difference Between Assault and Aggravated Assault?
Arizona differentiates between misdemeanor assaults and aggravated assaults—the latter are, of course, more serious. If you have been arrested for assault or aggravated assault, you need to contact an experienced Tempe aggravated assault attorney right away. What is Assault? The crime of assault is committed when a person intentionally or knowingly causes physical injury to […]
Read MoreDrugs or Donuts?
Have you read this news story? The poor guy was arrested on drug possession charges because of the glaze on a Krispy Kreme donut. The glaze, turned out not to be drugs, but it might make you wonder, what if it was? What if you are caught with cocaine or methamphetamines? Do you know […]
Read MoreWhat is a Hate Crime?
Unfortunately, hate crimes have been all over the news recently and the headlines are pretty astonishing.What makes a hate crime different from another criminal charge? What is a Hate Crime? A hate crime is any crime committed against a person, property, or community that is motivated in part or in whole by prejudice or […]
Read MoreCan you Go to Jail for Disorderly Conduct?
In Arizona, disorderly conduct is considered a class 1 misdemeanor and penalties could include a fine up to $2,500 and up to six months in jail, or both. If you, or someone you love, has been charged with disorderly conduct, it’s imperative that you consult with a qualified, experienced Tempe criminal defense attorney right away. […]
Read MoreWhat is The Difference Between Theft, Robbery & Burglary?
Do you know the difference between theft, robbery, and burglary? Although they are often used interchangeably, because they all involve the unauthorized taking of someone’s personal property, they are all very different crimes. If you, or someone you love, has been arrested for theft, robbery, or burglary you will need the help of an experienced […]
Read MoreDoes Arizona Allow Medical Marijuana Use?
Yes, Arizona allows the use of medical marijuana under very specific circumstances. Don’t start thinking though that this means it’s no big deal, for most people it’s still a crime to use, grow or sell marijuana and Federal law says it’s always illegal. If you have been charged with a marijuana-related offense, with or without […]
Read MoreIs Teen Sexting Illegal?
Teenagers all have cameras in their pocket or purse at all times. It’s the one on their smart phones. This technology has given them the ability to take and instantly share photos on various social media sites like Facebook, Twitter and Snapchat, but it has also led to a fairly new phenomenon known as sexting. […]
Read MoreWhat Happens When You Violate Probation?
A probation violation is a serious offense and occurs when someone breaks the terms or conditions of their probation. There are many ways to violate probation, including not appearing in court, not reporting to your probation officer, not paying required fees or fines, possessing illegal drugs or firearms, and committing another crime. If you’re facing […]
Read MoreWhen Can Police Search Your Home?
If you’ve ever watched any episode of Law & Order, you probably know that police can’t just come into your house looking for something without a search warrant. This is true, for the most part, because of the Fourth Amendment, which protects private citizens against unwarranted search and seizure. There are important exceptions to […]
Read MoreAll About Embezzlement
We’ve all read about Bernie Madoff, who in 2008 was found guilty of a $50 billion Ponzi scheme, a complex form of embezzlement. You might have been left wondering though, what exactly is embezzlement and how do embezzlement charges come about? What is Embezzlement? Embezzlement is defined as a crime that takes […]
Read MoreWho are Juvenile Delinquents?
A juvenile is a person between the ages of 10 and 18, or a minor. A juvenile delinquent is a minor who has committed a criminal or petty offense, called a “delinquent act” instead of a crime. Delinquent Acts Delinquent acts fall into two categories. The first is one that would be considered […]
Read MoreTop 5 White Collar Crimes That Made Headlines
White collar crime refers to financially motivated, nonviolent crime typically committed by business and government professionals. If you have been charged with a white collar crime or you know you are under investigation, now is the time to arm yourself and prepare a solid defense strategy with an experienced White Collar Crimes Attorney. White […]
Read MoreWhat is Drug Trafficking?
Contrary to what many people think, drug trafficking does not mean that drugs have crossed a particular line like a border crossing or state line. You can be charged and convicted of drug trafficking if you manufacture, transport, sell, or distribute illegal drugs. Drug trafficking is a felony, and a more serious crime that […]
Read MoreHow Long Does a Felony Stay on Your Record?
In Arizona, charges, arrests, misdemeanors and felony convictions will stay on your record until they are expunged. In Arizona, expungement is called “motion to set aside.” In order to set aside a criminal arrest or charge there is a process that you must follow. The process includes a lengthy petition procedure to the state […]
Read MoreAssault Cases – Misdemeanor or Felony?
Have you ever wondered what makes assault or battery go from a simple misdemeanor to a serious felony? Misdemeanor Assault Cases The crime of assault or battery is defined as the intentional touching of another in an angry manner, or the intentional use of force or violence against another. Simple assault or battery […]
Read MoreLive Streaming Criminals
Social media has opened up a whole new way for criminal charges to be brought up as well as another way for evidence to be brought against the accused. Take the recent kidnapping, rape, sexual battery and child pornography distribution charges one 18-year-old is facing in Ohio. The charges were brought after she allegedly live […]
Read MoreThe DUI Arrest Process
Have you ever wondered what happens during a typical DUI arrest? That’s good! You have probably never had to experience the ordeal for yourself. Well, here in Arizona, the following are the typical steps from the police stopping you all the way to the arrest. Remember, not all cases are the same and encounters will […]
Read MoreWhat’s Considered a Weapon?
When you hear the word “weapon” a couple of things might come to mind. Maybe the first thing you picture is a firearm or gun. Maybe you immediately visualize the machete or crossbow used by the cast members of AMC’s The Walking Dead. According to Arizona law there are actually four category types of […]
Read MoreDriving While High?
According to this recent NPR article, scientists and lawmakers alike are trying to figure out the best way test how much marijuana is in a person’s system. See the problem is, unlike alcohol, which dissolves in water and spreads through our saliva and breath, the compounds in marijuana dissolve in fat and can affect […]
Read MoreChoosing a Criminal Defense Attorney
Being charged with a crime leaves you with many questions. What’s next? What’s going to happen? What’s my future going to look like? Do I need an attorney? Who can I trust? How much will all this cost? Seems a little overwhelming right? Here are a few things to consider when hiring the […]
Read More10 Things Every Arizona Driver Needs to Know
It’s happened to almost everyone. You see the flashing lights in your rearview mirror and start to panic. You’re being stopped by an Arizona police officer. As an Arizona driver do you know your rights when this happens? Here are 10 things to do and know if you are pulled over in Arizona: […]
Read MoreWhat Happens If I Miss My DUI Court Date?
So, you’ve been arrested for Driving Under the Influence in Arizona. That alone can be a stressful, anxiety inducing experience, but then you realize there’s a whole process that you have to go through beyond the actual DUI arrest and initial charge. Arraignment Hearing for Your Arizona DUI Charge Typically, the first court […]
Read MoreYour Teen Has Been Charged with Burglary – What Do You Do Next?
When most people hear stories about burglary or home invasion, they immediately conjure up an image of a masked man dressed in black entering a home by night looking for jewels and other valuables. The truth is, many of those accused of home invasion or robbery simply found themselves in the wrong place at the […]
Read More5 Common Questions About Embezzlement in Arizona
Embezzlement is the theft, misuse or misappropriation of funds belonging to another person and/or funds placed in your trust. Penalties for embezzlement in Tempe and other nearby cities can be awfully harsh, and have the potential to wreak havoc on your record. As a criminal defense attorney who represents client with “white collar” criminal […]
Read MoreWhat’s the Difference Between a Tragic Accident and Vehicular Manslaughter?
You see stories like this in the news all the time and although the specifics are different, it is always tragic when someone loses their life in a car accident. When you read stories like this you can’t help but wonder. What legal charges will those involved face? Does the law protect victims of tragic accidents? […]
Read MoreCelebrity Shoplifters
According to the National Association for Shoplifting prevention, there are approximately 27 million shoplifters (or 1 in 11 people) in our nation today. More than 10 million of those people have been caught shoplifting in the last five years. The Association goes on to say that there is no profile of a “typical” shoplifter. […]
Read MoreWhat Happens to Your Driver’s License When You Are Arrested for DUI
Arizona’s stiff penalties for DUI include mandatory jail time and the installment of an ignition interlock device on your vehicle for one year. While these punishments are definitely disruptive and humiliating for a person convicted of DUI, they may not be as detrimental as having your driver’s license revoked. The suspension of a person’s driver’s […]
Read MoreSupreme Court Hears Case for Including Unwed, Same-Sex Couples in Domestic Violence Laws
Last month the Supreme Court heard arguments for a case hoping to expand domestic violence laws to include unwed, same-sex couples. The recent case is heavily supported by organizations who have argued for years that intimate partner violence is not limited to male-female relationships only. As an Arizona domestic violence attorney who has handled many […]
Read MoreAre There Different Types of Drug Possession Cases?
Like all states, Arizona regulates the possession of a controlled dangerous substance. The State takes it a step further by differentiating between the type of drug category (dangerous vs. narcotic, for example) and whether or not you are a repeat offender. A good Arizona drug possession attorney will be able to help you determine what class […]
Read MoreWhat NOT To Do When Attempting to Shoplift
Did you read this story from the Huffington Post about the World’s Worst Burglar? This would-be burglar pulled and pulled and pulled on a door at a Chicago bar for seven full minutes. Even though it wasn’t locked, he could not get the door open…because it was a PUSH not a PULL. We’ve all been […]
Read MoreWhat Makes a Crime a Federal Crime?
I get this question a lot. And it’s a valid question. What crimes are federal and which are governed by Arizona? State vs. Federal Most crimes, like murder or theft, are violations of state laws. State legislators use general police power to regulate the conduct of citizens. Federal offenses, on the other hand, are […]
Read MoreWill I Go To Jail If I Don’t Pay My Court Fines?
The short answer is…yes, you will. The longer answer is…it’s complicated. The truth is…court fees are rising and the best solution is to avoid them altogether. Defendants are being billed for everything from jury fees to room and board while in jail to administrative costs. Fines alone can reach up to thousands […]
Read MoreDid You Catch This Super Bowl Commercial?
The NFL and organization “No More” teamed up again this year to air a commercial during the Super Bowl, raising awareness of domestic violence. During this short 30-second commercial, we learn the troubling fact that domestic violence reports tend to go up during the NFL playoffs and the Super Bowl. The national abuse hotline saw […]
Read MoreA DUI is No Laughing Matter…
Though I have to admit, I chuckled a bit at the image of Joel Allen Sloan, of Fultondale, AL, standing with his arms cuffed behind his brightly colored get-up. Sloan has been pulled over by deputies for driving under the influence…and doing so dressed in full clown garb. Though rainbow wigs and oversized sneakers […]
Read MoreWhat Should I Do if I am Arrested in Arizona?
I came across an interesting article this week about a strange arrest in Massachusetts from 2008. The defendant was driving around with no rear tires or axel, causing sparks to fly all over the road. When officers stopped him and approached the vehicle, the driver was pant-less and took off on not one, but […]
Read MoreWhat is Bail?
Just this morning a judge denied bail for the Virginia Tech student accused of being an accessory in the death of a 13-year-old girl. What Does This Mean? What is Bail? What does it mean when a judge rules that bail is denied or that bail is set at a certain dollar amount or that […]
Read MoreMarijuana for Recreational Use on Ballot in November?
Marijuana for Recreational Use and Current Arizona Marijuana Law from Marijuana Attorney The Arizona Republic recently reported that a campaign to legalize marijuana for recreational use in Arizona is near the 150,642 signatures needed to qualify for the November 2016 ballot. Under the proposed act, adults 21 and older could possess up […]
Read MoreWhat Happens When You Fail to Appear in Court?
Do you wish you could change your driver’s license picture? What if the DMV allowed you to upload your favorite selfie and use that? That’s the mentality of one wanted man in Ohio. Instead of his mugshot, he asked the police to use his selfie. Here’s the story… The 45-year old failed to […]
Read MoreTaco Shop Finds Clever Way to Bust Thief
It happens all the time. Surveillance videos capture break-ins and all other sorts of crimes outside of restaurants, convenience stores and other public places. Usually, these videos are just turned over to police but when Frijoles and Frescas in Las Vegas caught a recent burglary on surveillance video, they decided to do something a little […]
Read MoreArizona Medical Marijuana Law vs Arizona DUI Law – Arizona Criminal Defense Attorney
Up until today there were conflicting Arizona Statues on the books regarding medical marijuana. One law, the Arizona Medical Marijuana Act, which was passed in 2010, says that licensed medical marijuana users could not be prosecuted for using marijuana. That law conflicted with Arizona DUI law that says the state can prosecute anyone for driving […]
Read MoreVehicle Theft – Arizona Criminal Defense Attorney
You hear about it a lot and maybe it’s even happened to you – vehicle theft in Arizona. As a criminal defense attorney I get a lot of questions about stolen vehicles both from those accused and those who have had their vehicle stolen or used in a manner that was against their consent. A […]
Read MoreWhat is Vehicular Manslaughter? Arizona Criminal Defense Attorney
Over the weekend, news broke out about an alleged impaired driver who rear-ended a car. Unfortunately, that scenario is pretty typical and I probably hear about it most as an Arizona criminal defense attorney. However, that first impact caused another collision with a truck waiting to make a left-hand turn at the intersection. The male […]
Read MoreLook No Further Than the NFL: How Drug Possession Charges Can Change Your Career
The 2015 pro football season kicked off with 26 notable NFL players missing from the field. All twenty-six players were recently suspended for violating the league’s substance-abuse policy. Running back Le’Veon Bell will sit out from Pittsburgh’s first two games. San Diego’s Antonio Gates, one of the most prolific players in league history, is out for […]
Read MoreIt’s a Bird, it’s a Plane, It’s… Marijuana?
The monsoon season in Arizona can be pretty intense. That’s why one Nogales, Arizona couple didn’t really think twice about a loud, single bang they heard one night. They were probably just thinking, wow, that thunder was pretty close. They went on with their evening, assuming a monsoon storm was passing through the […]
Read MoreHow to Help Kids Dealing with Domestic Violence
Children who are victims of or who witness acts of domestic violence can suffer from serious emotional conflict. In fact, some studies have shown that kids who witness episodes of domestic violence between people they are attached to can be affected just as much as if they were the direct victim. Similar reports have shown […]
Read MoreCelebrity Shoplifting Mistakes
Former NBA guard Rex Chapman was arrested last year for stealing more than $15,000 worth of Apple products from the company’s Scottsdale store. He then sold the merchandise to a local pawnshop and pocketed the cash. Now, a year later, he pled guilty to four felony shoplifting charges. Heading into his final hearing, his lawyers […]
Read MoreHindering Prosecution
Was someone you know suspected of committing a felony crime? Did you knowingly prevent the apprehension of this suspect? Under Arizona law, when a person renders assistance to another party who is suspected of committing a felony, this person may be charged with hindering prosecution. Some examples of rendering assistance are: harboring or concealing […]
Read MoreSexual Offenses in Arizona
According to the Uniform Crime Reporting Program, since 2002, sexual offenses have been on the rise by 23% in Arizona. There are a wide variety of incidents that are considered to be sexual offenses under Arizona Law. These offenses range from indecent exposure, sexual assault, sexual conduct with a minor and voyeurism. Each sexual offense […]
Read MoreHoliday Weekend DUI
Holiday weekends such as Memorial Day are high traveled and celebrated weekends. Police departments across the state of Arizona plan to have a DUI task force and will be patrolling specific areas in order to catch DUI drivers, to keep the community safe. It was reported that on Memorial Day 2014, the police DUI […]
Read MoreCriminal Charges for Leaving Child in a Vehicle
Roughly 20 states have specific laws making it illegal to leave a child unattended in a vehicle. However, Arizona is not one of these states. Arizona does have several laws that can be used to prosecute someone who leaves a child in a hot car. A person who leaves a child in a hot car […]
Read MoreSupreme Court Rules: Cops Can’t Detain Suspects to wait for Drug-sniffing Dogs
On April 21, 2015 the United States Supreme Court made a ruling on whether an officer may extend an already completed traffic stop for a canine sniff without reasonable suspicion. In a 6-3 decision, the Supreme Court ruled that the Constitution’s Fourth Amendment protects against unreasonable search and seizure to prevent police from extending a […]
Read MoreArizona Medical Marijuana Act
The Arizona Medical Marijuana Initiative (Proposition 203) was on the November 2, 2010 ballot as an initiated state statute.
Read MoreSetting Aside a Charge in Arizona
Although Arizona does not have an Expungment statute, you may be eligible to have an offense set aside. To set aside an offense means to cancel or revoke a judgment or order, so the original is modified, but it is not destroyed; the original may still be available for use. Newman v. Show Low Police […]
Read MoreCell Phones, Off Limits?
When an officer lawfully arrests someone, that officer is allowed to search a few areas in order to protect him/herself. The officer can perform a pat down of the arrestee to make sure there are no hidden weapons that could be used to harm the officer. Moreover, when an officer lawfully arrests a person in […]
Read MoreMandatory Prison Terms for Repetitive Offenses
Imagine: A drug addict has a prior conviction for drug possession. As he attempts to sell a gram of cocaine to get his next fix, he gets caught. He now faces a sentence that is almost double that of a dealer caught with a kilo of cocaine for the first time. Laura Jones, Mandatory Sentencing […]
Read MoreFourth Amendment Rights
Most Americans somewhat understand what the Constitution stands for and who it is intended to protect. Nevertheless, it may be difficult to figure out which Amendments within the Constitution are more important than others and which pertain to you. The Fourth Amendment is one of the most significant components of the Constitution. It protects […]
Read MoreFourth Amendment Under Attack, Again
After the October 6, 2014 argument in front of the United States Supreme Court, attorneys for Nicholas Heien and the attorneys for the state of North Carolina finally received a decision on December 15, 2014 for the
Read MoreRestore Your Rights After a Felony
The age old myth is that convicted felons cannot vote, or possess guns. Just because you have a felony on your record does not mean that you lose all your rights as a citizen. Life after a felony conviction can be frustrating and difficult. However, the saying “If you do the crime, you have […]
Read MoreRacial Profiling in Arizona
After all the national attention of Arizona’s immigration laws in 2010, it may be difficult to figure out where the state’s law stands currently. Arizona Senate Bill 1070 passed in 2010 making it unlawful for any “alien” over the age of 14 to remain in the United States over 30 days without registering with […]
Read MoreDrugs & Driving – The New DUI Laws & Marijuana
The occasional marijuana user can fear a DUI no longer. The Arizona Supreme Court recently ruled that just because you have traces of inactive THC (metabolite contained in marijuana), legally or illegally, does not mean that you are guilty of a DUI. Previously in Arizona, if you had smoked a little marijuana a month […]
Read MoreConsenting to a Search – No Warrant Needed
If you have a roommate or live with someone, do not get on their bad side – at least according to the United States Supreme Court in a recent ruling. In the last term, the Court handed down the decision of Fernandez v. California. In Fernandez, a man was attacked and later identified his attacker […]
Read MoreShoplifting – A Jury Eligible Offense
Most people have a pretty good idea of what constitutes shoplifting – you go into a store and take items without paying for them. Pretty simple, right? Besides simply taking items, there are a few other ways that an individual can commit the crime of shoplifting. According to the shoplifting statute, the crime can be […]
Read MoreDomestic Violence – Generally Not an Individual Charge
It seems like at least once a day that I get a phone call from somebody telling me they have been charged with domestic violence which leads to a story about how no violence was involved so it there is no way that the charge is the appropriate charge. With very few exceptions, individuals […]
Read MoreVictims Don’t Actually Press Charges
One of the many misconceptions people have about the criminal justice system is that somebody is actually pressing charges against the defendant when the alleged offense is a “victim” crime. The phrase “I want to press charges” is commonly thrown around on TV but that does not tell the whole story. Criminal charges in the […]
Read MoreTrespassing Constitutes a Search Under Fourth Amendment
In a previous post I looked at drug dogs and an officers ability to conduct a search based on the dog alerting to an illegal substance. Continuing in that vein, the Supreme Court of United States recently ruled on a case Florida v Jardines when police use that same method in sniffing a home. In the […]
Read MoreSupreme Court Says Drug Dogs Reliable
One of the common tactics used by police officers when investigating crimes is the use of drug dogs. Almost everyone is familiar with these dogs and has probably seen them on TV. Police dogs are highly trained animals that are used in the detection of drugs and sometimes explosive devices. Officers take advantage of these […]
Read MoreEEOC Strategic Enforcement
Many times I get calls from individuals who have received the right to sue letter from the Equal Employment Opportunity Commission (“EEOC”) and feel that because they got a right to sue letter they have a strong case. Some even think that because they received a Right to Sue letter the EEOC is indicating that […]
Read MoreDetention During Execution of a Search Warrant
Continuing our look at recent Supreme Court criminal cases that were decided this term brings us to the case of Bailey v. United States. Bailey deals with officers detaining individuals relative to serving a search warrant. Undercover officers watched Mr. Bailey leave an apartment a couple hours prior to the officers planned execution of a […]
Read MoreEmployment Exclusion Based on Past Criminal Convictions
One of the common questions that I get asked as a criminal defense attorney and employment discrimination attorney is how is a criminal conviction going to affect my future employment or my current employment. As we know Arizona is an at-will employment state which offers very few protections to employees. The only protections are those […]
Read MoreAffirmative Defenses – What are they?
Recently the Supreme Court ruled in the case of Smith v. United States regarding affirmative defenses. In the Smith case, Smith sought to overturn his conspiracy conviction based on the fact that he had permanently withdrawn from a conspiracy prior to the commission of the criminal events. Smith stated that his withdrawal from the conspiracy […]
Read MoreSalinas v. Texas
Most individuals know that the Fifth Amendment of United States Constitution allows individuals to remain silent rather than incriminating themselves with police. This is further recognized by the Supreme Court case of Miranda v. Arizona which created what has become known as Miranda Rights. However in a recent Supreme Court decision, Salinas v. Texas, the […]
Read MoreWhat is a Search Warrant?
It seems like the latest thing that I’m seeing a lot in my cases are search warrants. What exactly is a search warrant and how do you challenge a search warrant it? A search warrant is a court order that allows the police to be able to search or to take items related to a […]
Read MoreMissouri v. McNeely – What’s it mean for Arizona drivers?
After much delay we’re finally back with a blog post. This week’s post, we’re talking about the new Supreme Court decision in Missouri v. McNeely decided in April of this year. In the McNealy case a driver of an automobile was stopped for speeding and crossing the centerline. He declined to take a breath test or any other measures to […]
Read MoreDo I Get a Court-Appointed Attorney?
Am I entitled to a free attorney? That question can only be answered if a number of factors are met when an individual is charged with a crime. When individuals are charged with misdemeanor crimes they are only entitled to an attorney if they are facing jail time and meet the court’s financial requirements to qualify […]
Read MoreI’ve been convicted – now what?
When an individual is convicted of a crime they have two major avenues in which they can go about trying to overturn that conviction. Individuals convicted at a trial I have appellate rights to be able to appeal certain aspects of the trial including: the admission of certain evidence; the judge’s ruling to allow certain testimony; and other ruling […]
Read MoreWhat’s going to happen to me?
If I’m convicted of a crime what is my punishment going to be? That is a question that I commonly get asked by individuals who are seeking my services. The type of punishment that somebody could receive depends on a number of factors. Those factors include: whether you been convicted of previous criminal offenses; how long ago those […]
Read MoreDUI Law Changes Part 2
In the second installment of modifications under Senate Bill 1200, we will be looking at how the new law affects jail terms for regular, extreme, super extreme DUI as well as other changes for regular and extreme DUI. With the new modifications in the law an individual who is convicted of a first offense […]
Read MoreChanges in Arizona DUI Law
In late 2011 Arizona Legislature amended the DUI and interlock laws through Senate Bill 1200. Over the course of the next few blog post will be providing information on the updates that were contained in Senate Bill 1200 and how that can affect your future DUI case. The first thing we want to talk about […]
Read MoreGRAB AND RUN, IT’S HOW IT’S USUALLY DONE
It is called “take-out” for a reason. A woman in Chicago reported her wallet had been stolen from her car. When officers got there, she told them she had seen a green car leaving the area. She had also found out that her card had just been used at a McDonalds only 50 yards […]
Read MoreGIVE ME YOUR LUNCH MONEY!
In today’s economy, even school districts are facing strict budget cuts. On top of that, the new federal nutrition standards mean that it will cost more per lunch to meet those requirements. How do schools close the deficit? One school district in Ohio has hired a collection agency to recover an estimated $900,000 in […]
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