Articles Tagged with Defenses

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In Arizona, a motorist may be charged with Marijuana DUI, if they are under the influence of Marijuana, and they are driving “impaired to the slightest degree” A.R.S. 28 § 1381.

The burden of proof rests with prosecution to “prove beyond a reasonable doubt” that a person was actually driving impaired due to Marijuana found in their bloodstream.

Marijuana can actually remain in the blood stream for days and even weeks depending on how much was inhaled or ingested, and the frequency of use. In some cases, traces of Marijuana can be found after a month of use has passed.

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Arizona’s Marijuana Possession Laws

In Arizona person may be arrested for Marijuana Possession under ARS § 13-3405. In order to prosecute these charges, the state must prove “beyond a reasonable doubt” the possessor knew or had reason to know, that the Marijuana was in their possession. If the person knowingly possessed the Marijuana, they may be charged with Felony. The severity of the charges and punishment depend on the following:

  • Nature of the charges;
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“If you were arrested for DUI, you should become familiar with your rights, so you can preserve your defense options.”

An arrest is not a “guilty” verdict or conviction. It is an accusation of criminal charges, and the first stage of the criminal justice process. You have a constitutional right to defend the charges against you, and you should always invoke it. Your rights may be invoked following an arrest as follows:

  • Advise the arresting officer that you with to invoke your right to remain silent following your arrest, until your attorney can be present; If you simply remain silent, you will appear uncooperative, so you must either do so verbally or in writing;
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An arrest is not a conviction. You should always invoke your right legal representation for your charges. Here are a few of your initial rights following an arrest in Chandler, you should preserve in your defense:

  • Advise the arresting officer that you with to invoke your right to remain silent following your arrest, if you are questioned or interrogated about the criminal charges, until your attorney is present;
  • Plead “Not Guilty”. It is best to allow your attorney to enter this plea for you;
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“ Arizona, Drug Possession convictions, requires the defendant to have  “knowledge” of Possession.   If your criminal lawyer can raise reasonable doubt regarding “knowledge” of the drugs in their possession,  it can lead to a dismissal of your Possession charges.”

In order for the State of Arizona to get a conviction for illegal drug possession charges  they have the burden of proving that a defendant had “knowledge” that the illegal drugs were in their Possession. Illegal drugs include possession of Marijuana, Dangerous drugs, Narcotic drugs or any other drugs or substances defined Arizona law A.R.S. 34 13-3401:

  • A.R.S. 34 13-3402: A person shall not knowingly: possess, use, produce, sell, transport, distribute, manufacture, Marijuana, or any other illegal drugs;
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“If you were arrested for DUI it does not necessarily mean you will be found guilty.  Here are some common defenses that may help you avoid a  harsh DUI conviction. “

If you are facing DUI charges in Gilbert AZ, you have the right to defend your charges.  Arizona is well known for having some of the harshest penalties for DUI in the country. They include mandatory jail time for even a first offense, non-extreme, or non-aggravated DUI. The criminal justice court system can be overwhelming and the laws complex.  Arizona prosecutors are well trained and experienced at prosecuting DUI offenses.  You will need to have a qualified legal advocate to challenge their case against you through the formal criminal justice process.

DUI Defenses  

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“Common Defenses that can be used to defend Drug Possession Charges in Gilbert AZ”

Arizona Drug Possession Laws

Defenses for Drug Possession Laws, are tailored based on the circumstances of the situation, Arizona Criminal Laws and Drug offense Laws; and a person’s Constitutional Rights afforded by Federal and State.

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“Good criminal lawyers who defend charges in Mesa AZ are often successful in getting Disorderly Conduct charges dismissed by using some common defenses.”

Disorderly Conduct charges may be brought in Mesa AZ  under ARS 13-2904 if  the police felt that with intent and knowledge, the accused disturbed the peace of a person or business.  The law is comprehensive and allows for a broad range of conduct that might fall within the description. The charges may be classified as misdemeanors or felonies, depending on the facts surrounding the incident.  Disorderly Conduct charges are frequently challenged by criminal defense lawyers because of their subjective nature, and are often unjustifiable. Good Mesa criminal lawyers, are often successful in getting Disorderly Conduct charges dismissed by using some common defenses.   

Disorderly Conduct Defenses

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“Criminal Lawyers who defend Phoenix Disorderly Conduct charges are often successful in getting the charges dismissed by using some of these common defenses.”

A person can be charged with Disorderly Conduct in Phoenix AZ under ARS 13-2904 if with intent and knowledge they disturb the peace of another person business. The law is strict, and allows for a broad range of conduct to fall within the classification. Charges are very common but penalties are serious. The charges can be brought as misdemeanors or felonies. The decision as to how they will be classified based on the facts surrounding the incident. Disorderly Conduct charges are frequently challenged by criminal defense lawyers because of their subjective and sometimes vague nature. They are often able to get the charge dismissed to lack of sufficient evidence, or witnesses.

Disorderly Conduct Defenses

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“Common Defenses used by the best DUI trial lawyers, that can lead to dismissal of DUI charges.”

DUI Arrest Gilbert AZ

If you were arrested in Gilbert, AZ for DUI, you have the right to defend your charges. The prosecution, and police work closely together to pursue DUI convictions.  Gilbert Police are known for their specialized DUI phlebotomy training and motorcycle units to seek out and arrest those driving impaired due to alcohol or drugs.  The penalties for a DUI conviction are severe and include jail time for misdemeanor, first offense DUI charges.  You should consult  a  DUI attorney who defends charges in Gilbert AZ frequently. If retained, they may be able to find defenses that can be used to challenge and effectively defend your charges.  In some cases, the defenses will lead to a suppression of evidence, reduction of charges or dismissal of the charges.