Violent crimes can be tricky to litigate and to defend in court. One source of recent conversation in the Arizona criminal legal sphere has been the crime of aggravated assault, and whether hurting multiple people through one assault counts as multiple crimes or only one crime. The answer to this…
Arizona DUI & Criminal Defense Attorney Blog
Failure to Drive with License Plate Light as Grounds for Traffic Stops in Arizona
If a police officer initiates a traffic stop for an alleged traffic violation in Arizona, the stop opens the door for the officer to find evidence of other possible criminal activity. In a recent case before an Arizona court, the defendant appealed his conviction for weapons misconduct, arguing that the…
Determining if Evidence is “Prejudicial” in Arizona Court
Sometimes, appeals courts are called upon to determine if a trial court made a “fundamental, prejudicial error” during trial. In certain circumstances, when the higher court finds that the lower court made this kind of critical error, the higher court will vacate the defendant’s guilty conviction. It is crucial, then,…
How to Challenge DUI Test Results in Arizona: Breath, Blood, and Field Sobriety Tests
Have you been stopped by a police officer and charged with a DUI? Are you looking to contest the test results that the State wants to use against you? In Arizona, there are several options for challenging DUI test results; depending on your set of circumstances, each strategy has a…
Requesting a Mistrial Under Rule 24.1 in Arizona
Recently, a defendant in Arizona was found guilty of six counts of first-degree murder. He appealed his convictions, arguing in part that one of the jurors in his trial had external knowledge of a previous crime that he had committed. According to the defendant on appeal, this knowledge prejudiced the…
What is a “Luring” Charge in Arizona?
Sex crimes can be tough crimes to fight, but having an understanding of the different offenses can be helpful when you are up against the state of Arizona. Today, we review some basics of “luring,” which is a lesser known but severe criminal offense. Definition of Luring In Arizona, “luring…
Determining Whether Multiple Days of Criminal Conduct is “Continuous” for Purposes of Double Jeopardy
In the U.S. generally and in Arizona specifically, every defendant has the right to be free from prosecution for the same offense multiple times. Sometimes, it is easy for a court to determine when a case violates this right. Other times, it is not so straightforward. In a recent case…
Can the State Re-Charge a Defendant for the Same Crime?
Under Arizona law, a court is prohibited from reopening questions decided in the same case by the same court. Similarly, once a court issues a final judgment in a case, the same parties cannot re-litigate the issue in future proceedings. Essentially, this means that if a court finds you not…
What Happens When an Arizona Court Fails to Explain its Sentencing Decision?
Under Arizona law, courts are required to explain certain sentencing decisions on the record and in the presence of parties. This explanation helps defendants understand the nature of their sentences, and it holds the court accountable for making fair decisions. A recent case before the Supreme Court of Arizona clarified…
Dealing With Inconsistencies in Testimony During Trial
What happens when a jury has to consider inconsistent evidence during trial? Generally, it is up to the jury to determine which evidence is believable and which evidence is not. In a June 2024 case before the Arizona Court of Appeals, Division One, the higher court determined that even though…