If you find yourself facing criminal charges in Arizona, understanding the appealable issues is crucial for exploring all possible avenues for relief. The Arizona Court of Appeals recently released a decision in an appeal filed by a man who appealed his convictions for armed robbery, felony murder, attempted armed robbery,…
In a recent case before an Arizona court of appeals, the defendant was granted a new trial after the court found that the trial court judge gave the jury misleading instructions. Originally, the defendant was found guilty of second-degree murder and disorderly conduct with a firearm. Once the court of…
In a recent opinion from an Arizona court, the defendant’s motion to suppress incriminating evidence was denied. After having been found guilty of illegally possessing firearms, the defendant argued in his appeal that the state trooper who stopped him and found his gun had no right to pull him over…
In a recently decided case in an Arizona court, the court denied a defendant’s motion to suppress physical evidence because of the defendant’s lack of legitimate expectation of privacy under the Fourth Amendment of the Constitution. This case highlights the complicated nature of searches and seizures under the law and…
The Arizona Court of Appeals recently issued an opinion in a defendant’s appeal of his conviction and sentence for two cases, one of which involved an Arizona weapons offense. That case arose when police officers stopped the defendant when they noticed him riding his bicycle against traffic on a two-lane…
Possessory offenses, including Arizona gun crimes and drug offenses, often stem from an arrest where the contraband at issue is physically removed from the defendant or their property. While it may seem like there are no defenses when a police officer finds a gun or drugs on you, that is…
The Armed Career Criminals Act (ACCA) is a federal law that requires a minimum sentence of 15 years’ incarceration for certain individuals. Specifically, ACCA imposes the minimum sentence for anyone convicted of a gun crime, who has three or more “violent felony” convictions. The United States Supreme Court is expected…
Recently, the United States Supreme Court agreed to hear a case involving a defendant’s sentence under the Armed Career Criminal Act (ACCA). The ACCA is a federal law that provides for enhanced sentencing for someone who is convicted of a crime involving the use or possession of a gun, if…
Earlier this month, a state appellate court issued a written opinion in an Arizona gun case requiring the court to determine if the lower court should have granted the defendant’s motion to suppress. The case contains an informative discussion on police officers’ ability to stop a motorist. Specifically, the case…
The Double Jeopardy Clause, contained in the Fifth Amendment to the United States Constitution, states that no person can be “be subject for the same offence to be twice put in jeopardy of life or limb.” Given that seemingly clear language, it would stand to reason that someone who was…