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Arizona DUI & Criminal Defense Attorney Blog

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Court Grants New Trial in Recent Arizona Gang-Related Threats Case

Last month, a state appellate court released a written opinion involving a defendant charged with making gang-related threats to law enforcement officers as they were investigating an unrelated crime. Initially, the jury convicted the defendant on several charges, but the trial court reversed that conviction, finding that the jury’s decision…

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Arizona Court Issues Importance Decision in Search and Seizure Case

The Supreme Court of Arizona recently issued an opinion in a defendant’s appeal of his conviction based on an illegal search and seizure. The case focused on whether law enforcement must obtain a search warrant in cases involving Arizona criminal defendant’s Internet Protocol (IP) addresses or subscriber information the user…

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Court Addresses Reasonable Suspicion Standard in Arizona Drug Case

Recently, the Arizona Court of Appeals, issued an opinion in a defendant’s appeal of her conviction for the possession of dangerous drugs and drug paraphernalia. The case addressed whether the defendant experienced prolonged detainment and whether the detainment was supported by reasonable suspicion of criminal activity. Those facing Arizona drug…

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Arizona Court Addresses Reasonable Suspicion in Defendant’s Motion to Suppress

Recently, an Arizona defendant appealed his conviction and sentence for the possession of a dangerous drug and drug paraphernalia. The defendant argued that the trial court erred by denying his motion to suppress. The case arose after a patrol officer in a “high-drug area” witnessed the defendant enter the parking…

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Arizona Court Considers Defendant’s Request to Exclude Harmful Evidence of His Home-Made Videos

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…

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Does an Arizona Crime Involving “Recklessness” Constitute a “Violent Offense” Under the Armed Career Criminals Act?

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…

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Arizona Court Issues Important Decision Regarding Restitution to Crime Victims in Recent Murder Case

Restitution is when a court orders a defendant to pay a crime victim for their financial losses related to the crime. Unlike civil law, restitution is typically limited to the costs that the victim actually incurred. In a recent Arizona murder case, the state’s high court discussed the constitutional limits…

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Arizona Court Denies Motion to Suppress Identification in Recent Child Sex Offense Case

Earlier this year, a state appellate court issued an opinion in an Arizona child molestation case. In its opinion, the court affirmed the lower court’s decision to deny the defendant’s motion to suppress two identifications made by the complaining witness. The Facts of the Case According to the court’s opinion,…

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When Is a Defendant’s Prior Conviction Admissible in an Arizona Criminal Trial?

Recently, a state appellate court issued an opinion dealing with the admissibility of a defendant’s prior record. Not surprisingly, whether the prosecution will use the defendant’s past convictions against them at trial is a common question for defendants facing Arizona criminal charges. In any criminal case, the rules of evidence…

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Arizona Appellate Court Discusses Miranda Rights in Recent Homicide Case

Earlier this month, a state appellate court issued an opinion requiring the court to determine whether the defendant’s Miranda rights were violated when the police took a statement from the defendant while he was not in custody. Ultimately, the court concluded that Arizona criminal law permitted the officers’ actions, and…

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