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Arizona DUI & Criminal Defense Attorney Blog

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Supreme Court Condones Assumption That the Person Driving a Car in Arizona Is the Vehicle’s Registered Owner

Earlier this year, the United States Supreme Court issued an opinion in a case that addressed an important issue that arises in many cases that begin with an Arizona traffic stop. The case, Kansas v. Glover, presented the Court with the question of whether a law enforcement officer is able…

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Arizona Court Discusses Validity of Traffic Stop in Recent Sexual Exploitation Case

Earlier this year, a state appellate court issued a written opinion in an Arizona child sex sting operation, discussing the defendant’s motion to suppress. Specifically, the defendant claimed that the officers lacked probable cause or reasonable suspicion to stop his vehicle because he had not committed a crime or a…

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Arizona Court Holds Defendant Convicted of Drug Offense Was Eligible for Probation Despite Prior Convictions

Earlier this year, a state appellate court issued a written opinion in an Arizona drug case discussing whether the defendant was eligible for probation under Arizona Revised Statute section 13-901.01. Section 13-901.01 is titled “Probation for persons convicted of possession or use of controlled substances or drug paraphernalia,” and states…

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Arizona Court Rejects Defendant’s Request for Border Checkpoint Discovery

Earlier this month, a state appellate court issued an opinion in an Arizona drug possession case discussing the defendant’s request for specific discovery related to a border checkpoint. Ultimately, the court rejected the defendant’s request for additional discovery, finding that he could not establish that there was a “substantial need”…

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Arizona Supreme Court Holds Defendant’s Sentence Could Not Be Reversed for Being Too Lenient

Earlier this month, a state appellate court issued a written opinion in an Arizona homicide case discussing the state’s challenge to the defendant’s sentence. The state claimed that the trial court failed to follow the law when it sentenced the defendant to “life without possibility of parole for twenty-five years.”…

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Arizona Court Rejects Defendant’s Motion to Suppress Statement after Finding Interaction Was Not “Custodial Interrogation”

Earlier this month, a state appellate court issued a written opinion in an Arizona retail theft case requiring the court to determine if the defendant’s pre- and post-arrest statements to police should have been suppressed at trial. Ultimately, the court concluded that the police officer’s interaction with the defendant before…

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Arizona Court Upholds Admission of Statement Made By Non-Native English Speaker Without a Translator or Attorney

In December of last year, a state appellate court issued a written opinion in an Arizona theft case involving a question about the admissibility of the defendant’s confession. Specifically, the court had to determine if the fact that the defendant, who did not speak English, validly waived her constitutional rights…

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U.S. Supreme Court Hears ACCA Case That May Affect Arizona Defendants with Several Prior Convictions

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…

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Can Arizona Police Assume That the Driver of a Car Is the Vehicle’s Registered Owner?

Police officers make assumptions about their environment all the time. In fact, rarely is a police officer’s behavior based on something that they know to be the case. Police officers may assume, for example, that someone who called 911 reporting a crime was accurate in their description of the perpetrator.…

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