10 facts about enforcement of Arizona’s Immigration Law SB 1070 On September 18, 2012 District Judge Susan Bolton release a temporary restraining order on the controversial provisions in Arizona SB 1070. Since it became effective in 2010, it faced legal opposition which led to a US Supreme Court decision. At…
Arizona DUI & Criminal Defense Attorney Blog
Marijuana DUI in Tempe, AZ: Establishing Driver Impairment
In Arizona, a motorist may be charged with Marijuana DUI, if they are under the influence of Marijuana, and they are driving “impaired to the slightest degree” A.R.S. 28 § 1381. The burden of proof rests with prosecution to “prove beyond a reasonable doubt” that a person was actually driving…
5 Things You Need to Do After Being Arrested for Arizona DUI Charges
How to preserving your rights after arrest: To know them is to protect them. The most important thing you need do is to preserve your rights after a DUI arrest in Mesa. By doing this you will protect your rights to defend your charges. Failure to preserve your rights, may waive or limit…
Marijuana Possession: How Police Decide to Make an Arrest for Possession with Intent to Sell in Arizona
In Arizona, one primary factor for charging a suspect with possession of Marijuana with intent to sell is the quantity of a drug found in a person’s possession. In order to prosecute these charges there must be some additional evidence presented to support the charge. Examples may include proof beyond…
Types of Release Conditions and How They Are Determined by Arizona Courts
Release Conditions – What the Judge Considers Release conditions are set by the judge in consideration of assuring you will return to appear for your next court date. The judge considers many factors when setting release conditions including but not limited to: Nature and seriousness of the charges; Residency; Family and…
Commonly Used Marijuana Possession Defenses in Arizona
Arizona’s Marijuana Possession Laws In Arizona person may be arrested for Marijuana Possession under ARS § 13-3405. In order to prosecute these charges, the state must prove “beyond a reasonable doubt” the possessor knew or had reason to know, that the Marijuana was in their possession. If the person knowingly possessed…
Burden of Proof in Arizona Marijuana DUI Cases
In Arizona, a motorist may be charged with Marijuana DUI, if they are under the influence of Marijuana, and they are driving “impaired to the slightest degree” A.R.S. 28 § 1381. The burden of proof rests with prosecution to “prove beyond a reasonable doubt” that a person was actually driving…
Criminal Law: “Mistake of Law” v. “Mistake of Fact” Defense
Mistake of Law Mistake of Law is rarely a justifiable pre-trial defense. The Mistake of Law” is when a person knows they committed an act, but they did not know the conduct was against the law. It is different between “Mistake of Fact”. There are few circumstances where “Mistake of Law” is…
DUI Stop by Police: Rights you have (and don’t have) at a DUI Traffic Stop in Arizona
An individual has rights afforded to them by the U.S. Constitution; the Arizona State Constitution; Arizona Laws; and Procedural, Protocol and Criminal Court rights, and basic Civil Human Rights. Your Rights at a DUI Stop in Chandler, AZ You have the right not to be pulled over for a traffic…
Arizona Theft Laws: Difference Between Misdemeanor and Felony Theft Penalties
The main difference between Misdemeanor Theft and Felony Theft charges is the dollar value of the amount stolen. The second difference is the penalties involved. The higher the dollar value of the stolen property or service, the more severe the penalties if convicted. Under ARS § 13 – 1802 theft charges will…