In a recent Arizona gun crime decision, a man was indicted for two misdemeanors and three felonies after discharging a firearm. The victim was a cab driver who stopped the man and his friends to ask if any of them had called for a cab. A friend told the driver…
In a recent Arizona assault case, a man appealed after being convicted of aggravated assault, resisting arrest, shoplifting, and not giving the police a truthful name when he was lawfully detained. The case arose when two cops responded to a department store’s call about a shoplifting suspect who refused to…
Understanding Arizona Affirmative Defenses One of the best ways to understand the entrapment defense in Arizona is to read the standard jury instructions. Arizona Pattern Jury Instructions for criminal cases tracks the language of A.R.S. § 13-206 and provides: The defendant has raised the affirmative defense of entrapment with respect…
Arizona Cannabis Laws, Penalties, Criminal Defense Police officers have long used the alleged scent of marijuana as an excuse to perform searches of alleged offenders’ motor vehicles when they refuse to consent to such searches. After the two divisions of the Arizona Court of Appeals came to different conclusions about…
On November 20, 2015, the Supreme Court of Arizona decided Dobson v. McClennen (P.3d, 2015 WL 7353847, Arizona Supreme Court 2015). The decision has important implications for individuals that use medical marijuana and might have THC or its metabolite in their system but drive at a time when they are not impaired.…
“Probation is a privilege that cannot be denied under AMMA; Penalties & criminal defense for probation violations.” Nearly 5 years after the passing of Arizona Medical Marijuana Act (AMMA) the Arizona Supreme Court heard two cases involving denial of the privilege of qualified patients to use marijuana. The Arizona Supreme…
Rippling Impacts Arizona v. Zaragoza: DUI arrests for being in “actual physical control” of a vehicle This weekend in the news we heard a popular motorcycle sports celebrity Robbie Knievel was allegedly arrested for DUI. Reports indicate the Police were called to Mr. Knievel’s parked motor home, near a famous Motor…
Recent Amendment expands protections under Arizona’s “Stand Your Ground” Laws; not only to their homes, business, but anywhere else in Arizona “they have the right to be”. Amidst heated debates over “Stand Your Ground” laws Arizona, businesses and homeowners continue to do what they must, to protect their home and…
State Marijuana Laws Pass Another Test of Strength. Some see the Arizona Supreme Court’s refusal to disturb an Appeals Court ruling in favor of a Medical Marijuana Defendant’s rights, as win in the test of strength of the Arizona Medical Marijuana Law (AMMA). This is because the issues inherent in…
“State of Arizona v. Hon. Jane A. Butler and Tyler B” Decision: The Impact of the AZ Supreme Court’s Ruling on Arizona Drivers. In an unprecedented ruling, the Arizona Supreme Court rejected the Prosecution’s holding that all motorists who drive in Arizona, give their absolute voluntary consent to DUI breath…