A recent ruling could mean that a motorist who last smoked Marijuana in a legal state a month prior to traveling to Arizona, may be arrested and prosecuted for Marijuana DUI. An Arizona Court of Appeals marijuana DUI dismissal was overturned recently in favor of the prosecution, and returned the…
News Story That Went Viral Last week in the news, we learned of a suspect was arrested on minor drug charges: unlawful possession of a controlled substance, Xanax. When she appeared in Miami-Dade Circuit Court, the Judge questioned her about her assets, for purposes of a release bond. The suspect…
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: “Probable cause” A.R.S. 13-3924…
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…
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; Residency; Family and…