Articles Tagged with Arizona

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“Patient-to-patient sales and transfers were never intended under the law.  Why it’s no longer being prosecuted”.   

Medical MarijuanaOn-Line Marijuana Purchase Turns Deadly

Recently in Arizona, an incident involving an online Medical Marijuana sale went tragically wrong, and resulted in a shooting death. A 19 year old man answered a Craigslist advertisement from a seller, age 54.  The parties arranged for a meeting to conduct the transaction.

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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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Adverse consequences of Felony DUI convictions are far reaching, and can last a lifetime.

In Arizona a person convicted of a third or subsequent DUI within 7 years or 84 months will be found guilty of Aggravated DUI, Class 4 Felony charges.  Felony DUI convictions are very serious and will result in harsh sentencing including at least 4 months in State Prison.

A first offense DUI is generally charged as a Class 1 Misdemeanor, which calls for jail terms, but not prison.  There are several aggravating factors under Arizona law that can elevate a Misdemeanor DUI to an Aggravated DUI.  One of those factors is to be found guilty of a third DUI within in 84 months.

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The State of Arizona currently allows for prohibited users to bear firearms. That that right does not extend to Prohibited Weapons or firearms. In addition to explosives, bombs, improvised explosive devices (IED), and other prohibited weapons, certain types of guns are on the prohibition list as well. Persons found guilty of violating this law, will be exposed to a Class 4 Felony which calls for prison terms and other harsh penalties.

Prohibited Weapons Defined

Under A.R.S. 13-3101 (8) “Prohibited weapons” that pertain to firearms and guns include:

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According the Federal Bureau of Investigations (FBI) crime statistics and reports, there were approximately 26,311 arrests made for violent crimes reported in 2011. An estimated 7,127 of those involved Aggravated Assault charges, and many of those offenses involved use of a deadly weapon. These are extremely serious charges that if convicted, can  result in long term to life prison sentencing in the case of serious injury to a victim; or capital punishment in the case of homicide.

Felony Assault Laws

Assault involving possession or use of a Deadly Weapon or instrument elevates a charge to an Aggravated Assault which is a felony. Arizona defines a “Deadly Weapon” under A.R.S. 13-105 (15) as anything designed for lethal use, and includes firearms.

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When the primary DUI evidence is found to be inaccurate, this often leads to dismissal of charges.

People often ask “Which is more reliable, a DUI blood test or breath test?”   But the fact is, that inaccuracies can result from both types of testing.   In an effort to increase the accuracies of testing,  rules and methods are in place in Arizona, with regard to administering the DUI Breath Tests.   But despite these laws,  all tests are subject to human errors in administration and equipment errors.

These rules include creating, and maintaining quality assurance programs.  The program requires that breath test machines to be calibrated and regularly checked to make sure they are functioning properly, and reading within certain blood alcohol concentration ( BAC) accuracy limits.   Regular maintenance and calibration checks must also following guidelines such as be completed about a month apart. More comprehensive quality check-ups must be completed about every 3 months.   Other procedures include making sure the breath test operators are properly trained and licensed to administer the breath tests.

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Road rage is prosecuted as a criminal offense in Arizona  

The National Highway Safety Administration (NHTSA) as driving that markedly exceeds the normal safety driving behaviors. It consists of driving that affects other motorists and their passengers and places them in unnecessary danger.

Law enforcement agencies recognize it as driving that includes unsafe moving traffic violations that endanger others or their property.

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Police increase ability to find locations where shots were fired from; and apprehending suspects responsible for firing the shots.   

Arizona Weapons Crimes

A party in a Phoenix AZ neighborhood quickly ended with gunshots fired and resulting injuries around 2:00 a.m. November 17, 2012. At least 3 people were injured after about 2 dozen shots were fired.  No known arrests were made, but two weapons were found at the scene, by police.

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Felons can no longer sue victims

Arizona voters passed Proposition 114, as expected, by an overwhelming 80% margin. The Arizona Constitution will be amended to abolish the right of aggressors to sue their victims if they are harmed in the process of committing a felony offense. There was little opposition, and no formal organized arguments “against” the measure prior to the election.

The constitution previously allowed for an unrestricted right of a person to sue another if they were harmed or injured by the person or property owner. However, this enabled some criminal offenders to sue their victims.

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Arizona Proposition 14, if passed by voters will protect the victim from being the subject to a lawsuit if a person is injured or death results from felony conduct. The Proposition would amend the following sections of the Arizona Constitution:

  • Article II, section 31 regarding “Damages for death or personal injuries”;  and
  • Article XVIII, section 6, regarding “Recovery of damages for injuries”