In the state of Arizona, criminal defendants can request that the court excludes from trial certain evidence obtained in violation of a defendant’s rights. If you have been charged with committing a crime in Arizona, you may file a motion to suppress physical evidence if you believe specific rights granted…
The Supreme Court of the State of Arizona recently issued an opinion setting forth the procedure for determining whether an individual is a “sexually violent person” (SVP). The case arose after prosecutors charged the Arizona defendant with one count of sexual conduct with a minor. The defense moved for a…
Recently, a state appellate court issued an opinion in an Arizona drug case, affirming the denial of the defendant’s motion to suppress. As a result, the defendant’s eight-year prison sentence for disorderly conduct and possession of narcotics was affirmed. The case is an example of the court’s ability to resolve…
In today’s connected society, physical borders are becoming increasingly blurred. More than ever, we interact with people from across the nation—and the globe—on a regular basis. However, when we use the Internet, much of our information is also stored electronically. The availability and access to online data is a hot…
Towards the end of last year, Arizona became the 13th state in the country to legalize recreational use of marijuana when voters passed Proposition 207 by a 60/40 margin. By the end of January 2021, stores across the state were selling marijuana to consumers. However, Arizona’s new marijuana law doesn’t…
The law provides Arizona defendants with certain avenues of relief after a criminal conviction. While there are restrictions regarding what types of cases and issues are appealable, many defendants can challenge a conviction or sentence. If one has completed their sentence, they may be eligible to restore their civil rights…
The Arizona Court of Appeals recently issued an opinion in a defendant’s appeal of his conviction and sentence for two cases, one of which involved an Arizona weapons offense. That case arose when police officers stopped the defendant when they noticed him riding his bicycle against traffic on a two-lane…
A significant type of evidence in Arizona sexual offense cases is the DNA recovered from rape kits. Rape kits are the physical evidence and notes from an assault victim’s examination. The physical evidence usually contains DNA such as hair, blood, bodily fluids, clothes and belongings of the victim, and physical…
Last month, a state appellate court issued an opinion in an Arizona assault case in which the defendant was also found in possession of methamphetamine. The appellate court’s opinion dealt with several issues, including the defendant’s claim that the officer illegally searched his vehicle without consent. However, because the court…
Possessory offenses, including Arizona gun crimes and drug offenses, often stem from an arrest where the contraband at issue is physically removed from the defendant or their property. While it may seem like there are no defenses when a police officer finds a gun or drugs on you, that is…