In a recent case before an appeals court in Arizona, the defendant asked the higher court to reconsider his convictions for theft and unlawful flight from a law enforcement vehicle. The defendant was originally found guilty after he stole a truck and tried to escape from the officers who found…
In a case before an Arizona court of appeals last month, the defendant asked the court to overturn his conviction for disorderly conduct. The defendant was originally charged after a road rage incident that ended with him pulling out his gun to threaten the driver of another car. The case…
An area of criminal law that ordinary Americans are most familiar with involves Miranda rights. A defendant’s Miranda rights are protected by the Fifth Amendment, which prohibits the government from forcing anyone to testify against themselves or be coerced into making incriminating statements to law enforcement officers. Generally speaking, the…
In a recent opinion from an Arizona court, a defendant who resisted arrest lost his appeal. The defendant was found guilty of resisting arrest and theft of a vehicle, and he appealed, arguing the jury could not make a proper decision in his case because the language of the judge’s…
Earlier this year, a state appellate court issued an opinion in an Arizona assault by vehicle case discussing the defendant’s challenger to certain videos he took on his cell phone before the incident leading up to his arrest. Ultimately, the court determined that the videos were admissible, rejecting the defendant’s…
Last month, a state appellate court issued a written opinion in an Arizona manslaughter case discussing the government’s contention that the lower court improperly admitted certain evidence regarding the victim’s conduct in the moments leading up to a fatal traffic accident. Ultimately, the court concluded that the victim’s actions were…
A defense attorney’s job is to vigorously fight for the rights of his client, and, ultimately to do what is in his client’s best interest. At the same time, any seasoned Arizona criminal defense attorney knows that not every case can result in a “Not Guilty” verdict.In some cases where…
In a recent unpublished Arizona DUI decision, the defendant was convicted of second-degree murder, DUI, and extreme DUI.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…
In a recent Arizona appellate case, the defendant was convicted of aggravated assault resulting in temporary but substantial disfigurement and assault. The lower court suspended the imposition of a sentence and put him on probation. The defendant appealed, claiming that there was prosecutorial misconduct in charging him with aggravated assault…
One of least understood and most commonly charged crimes in Arizona is “Failure to Comply with a Lawful Order” in violation of Arizona Revised Statutes (ARS) section 28-622(A). The crime is classified as a class 2 misdemeanor. The statute provides: 28-622. Failure to comply with police officer… A person shall…