What happens when a jury has to consider inconsistent evidence during trial? Generally, it is up to the jury to determine which evidence is believable and which evidence is not. In a June 2024 case before the Arizona Court of Appeals, Division One, the higher court determined that even though…
Arizona DUI & Criminal Defense Attorney Blog
Understanding the Public Safety Exception to Miranda Rights
In general, when an officer puts a suspect under custodial interrogation, the officer must give the suspect Miranda warnings. That is, the officer is required by law to tell the suspect that he has the right to remain silent and the right to an attorney. In some limited exceptions, though,…
Arizona Defendant Successfully Challenges Denial of Civil Rights, Highlighting the Importance of Thorough Review of Trial Record
In a recent case coming out of an Arizona court, the defendant and the government agreed that the trial court should have granted the defendant certain rights that it unrightfully denied her. Both the defendant and the government indicated this error in their filings, and the appellate court reviewed the…
Arizona Court Denies Defendant’s Appeal in Drug Case, Citing Suspicious Behavior as Grounds to Prolong Traffic Stop
In a recent case before the Arizona Court of Appeals, Division One, the defendant asked the court to reconsider the trial court’s decision to deny his motion to suppress. The defendant was originally charged with transporting a narcotic drug for sale, and he filed a motion to suppress incriminating evidence…
Understanding Body Camera Policies in Arizona and the Importance of Preserving Arguments for Appeal
When facing criminal charges in Arizona, it’s essential to understand not only the trial process but also strategies to protect the potential avenues for appeal. In a recent judicial opinion, the Arizona Court of Appeals addressed a defendant’s arguments surrounding the legality of his arrest after he was convicted of…
Arizona Court Issues Important Opinion Regarding Defendants’ Rights While on Probation
In a recent case before an Arizona appellate court, the defendant argued that the trial court unreasonably modified the terms of his probation. The court’s response to the defendant’s argument brings up important questions such as whether a defendant on probation has the right to an attorney and whether a…
Defendant in Arizona Aggravated Assault Case Unsuccessfully Argues that Officer was Unqualified to Testify at Trial
In a recent case before an Arizona court of appeals, the defendant argued that his convictions and sentences for aggravated assault should be reversed. According to the defendant, the expert that testified on behalf of the prosecution during trial should not have been allowed to present himself as an expert.…
Arizona Court Reverses Convictions in Case Centering on Defendant’s Right to a Public Trial
In a recent opinion issued by the Arizona Court of Appeals, Division Two, the court overturned a defendant’s convictions for sexual conduct with a minor and indecent exposure to a minor. The opinion highlights the fact that trial courts must make a careful decision when one party requests to close…
Arizona Supreme Court Denies Defendant’s Appeal in Case Questioning Trial Court’s Authority Over Adults Who Committed Crimes as Juveniles
In a recent case before the Supreme Court of the State of Arizona, the defendant appealed his convictions and sentences stemming from a series of sexual assaults. On appeal, the defendant argued that because he committed the offenses when he was a minor, the superior court did not actually have…
How Prosecutors can Use Prior Bad Acts to Support Sex Crimes Prosecutions
Facing criminal charges, especially those related to sex crimes, is a daunting experience. If you or a loved one is seeking the services of a criminal defense attorney in Arizona, understanding the complexities of the legal landscape is crucial. In a recent judicial opinion, the Arizona Court of Appeals discussed…