Articles Posted in Arizona Courts

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Elements of a Valid Search Warrant

Under Arizona Laws, Constitution; and the Fourth Amendment of the United States Constitution, a person has protection from unreasonable search and seizures of themselves or their property.

In order for the warrant to be valid the following elements must exist:

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Invoking rights for a DUI: “Due process” begins at the police stop, not the court Room

What is “Due Process?  It is the duty of the Courts, State of Arizona, and the Government to respect a person’s rights, rules and principles afforded under the Constitutions and Bill of Rights. Despite Due processes of law, we often see injustices in criminal processing. For this reason, it is wise to become familiar with your rights; invoke them, and retain a good legal advocate to make sure they are enforced.

The right of “Due Process” is found under the Fifth and Fourteenth Amendment of the US Constitution is the right of a defendant to obtain exculpatory evidence. This is material evidence that is in favor of the defendant; that could lead to a suppression of evidence or a dismissal of criminal charges. These disclosure obligations of “Due process of law” is afforded in the Arizona Constitution, Article 6 Judicial; Section 4.

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Release Conditions – What the Judge Considers

Release conditions are set by the judge in consideration of assuring you will return to appear for your next court date. The judge considers many factors when setting release conditions including but not limited to:

  • Nature and seriousness of the charges;