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Articles Posted in Criminal Defense

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Medical Blood Draw as Evidence in Arizona Negligent Homicide

In a recent Arizona homicide case, the defendant appealed a conviction for negligent homicide. He argued that the lower court should have suppressed the blood alcohol content evidence, and he challenged whether the evidence was sufficient for a conviction. The case arose in 2012 when the police responded to a…

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Marijuana Sales and Weapons Misconduct in Arizona

In a recent Arizona marijuana case, the defendant appealed after being convicted of selling marijuana and weapons misconduct. The case arose when two detectives had a confidential informant conduct a controlled buy. The detective searched the informant to make sure he didn’t have money, drugs, or paraphernalia. The detectives photographed…

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Second-Degree Murder and Extreme DUI Charges in Arizona

In a recent unpublished Arizona DUI decision, the defendant was convicted of second-degree murder, DUI, and extreme DUI. He was sentenced to 12 years’ imprisonment for the murder charge. His DUI sentence was suspended, and he was put on two five-year probation terms set to start after he served his…

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Does an Expired Registration Provide a Reasonable Suspicion in Arizona?

You should be aware that allowing your vehicle or license registration to expire may provide police officers with a reasonable suspicion to stop you while driving in Arizona. Under A.R.S. section 28-2153, you cannot operate a motor vehicle that has not been registered with the department. In the unpublished opinion…

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The Entrapment Defense in Arizona

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…

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Arizona Supreme Court Rules Marijuana Odor Establishes Probable Cause

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…

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What You Should Know about Arizona DUI Laws  

Overview of Arizona DUI Trends, Laws, Penalties, and Criminal Defense If you live in Arizona or plan to drive in the state over the July 4th weekend it is important to be aware of the DUI laws and consequences of a conviction. According to media reports, state and local law…

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