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Arizona DUI & Criminal Defense Attorney Blog

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10 Defenses That Can Be Used to Challenge Domestic Violence Charges That May Lead to Dismissals or Mitigated Sentencing

Defending Domestic Violence Charges – Misdemeanor and Felony Common defenses for Misdemeanor Domestic Violence and  Felony Domestic Violence charges are basically the same.  However, since Felony Domestic Violence charges carry prison sentencing, (Misdemeanors do not)  the level of defense that is most critical, if a person is convicted, is the…

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How to Request your Tempe DUI Police Report

Arizona Public Records Release Law Under Arizona’s Freedom of Information Laws pursuant to A.R.S. § 39 – 121 is entitled to request their DUI police incident report. Your report is required to be released to you  when it is available and upon receipt of the required fee by the police department How to…

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Differences between Felony and Misdemeanor Assault in Arizona

Felony Assault v. Misdemeanor Assault charges in Mesa, AZ There are two main differences between Felony Assault charges and Misdemeanor Assault charges: Aggravated Factors – Circumstances which are involved in Aggravated assault that are not present in Misdemeanor assault. Assault charges will be raised from a Misdemeanor to a Felony if at…

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How to Request Your DUI or Criminal Incident Police Report in Chandler, AZ

To obtain a copy of your DUI or criminal incident police report you can mail your request to the following address: Chandler Police Records PO Box 4008, MS 303 Chandler, AZ 85244-4008 You may also mail make your request or pick-up your report in person at the following location: Chandler Police…

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Defenses Commonly Used for Drug or Medication DUI Charges

Arizona Drug DUI – Medication DUI Charges In Arizona, you may be charged with Drug DUI under A.R.S. § 28-1381. Under this law, a driver can be arrest for DUI even if they have not consumed any alcoholic beverage. If convicted, a person will be exposed to the same or similar…

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Defenses and How to Preserve Your Rights after a DUI Arrest

“If you were arrested for DUI, you should become familiar with your rights, so you can preserve your defense options.” An arrest is not a “guilty” verdict or conviction. It is an accusation of criminal charges, and the first stage of the criminal justice process. You have a constitutional right…

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Why Portable Breath Test Results Cannot be Admitted as Evidence to Prosecute DUI Charges

Portable Breath Test Unit A Portable Breath Test (PBT) Unit is a hand-held mobile device, used by police in Arizona DUI field stops. The PBT is a preliminary DUI breath test tool used to test a person’s Blood Alcohol Content or BAC. The purpose of the PBT is simply to distinguish if…

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Court Jurisdiction: What It Is and Why It is Important to Your Defense

Jurisdiction as it relates to criminal charges is a certain Court’s authority to hear specific types of cases. It involves both geographic elements as well as legal authority afforded by the State, County and Federal laws. Felonies and Misdemeanors have are heard in different courts. Generally, the city, county and…

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Weapons Crimes: Prohibited Possession of Firearms in Arizona

Possession of Weapons by a Prohibited User in Tempe AZ Under A.R.S. § 13-3102. 4. 5. A person may be guilty of misconduct involving weapons if they knowingly: Possess a “deadly weapon” defined in A.R.S. § 13-3101. A. 1 or “prohibited weapon” A.R.S. § 13-3101. A. 8 if the person…

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