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Articles Posted in Arizona

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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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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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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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How to Preserve Your Rights After a DUI in Chandler, AZ

An arrest is not a conviction. You should always invoke your right legal representation for your charges. Here are a few of your initial rights following an arrest in Chandler, you should preserve in your defense: Advise the arresting officer that you with to invoke your right to remain silent…

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Arizona Felony Theft: “What is Felony Theft?”

Theft charges may be brought as Misdemeanors or Felonies. Felony Thefts are those where the values or dollar amount of stolen property exceed a specified amount by law. Other factors are also considered including the nature or type of items stolen. Felony thefts will be charged under ARS § 13 – 1802…

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Arizona “Stand Your Ground” Laws: Justification Defenses

“When a defendant pleads “not-guilty” due to a “justification” defense, they are basically affirming that they used force against another person, for a justifiable reason described under A.R.S. § 13-411; and thus, their actions did not constitute a criminal defense.” Justification laws are sometimes referred to as “Stand Your Ground”…

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Aggravated Assault in Arizona: Definitions and Penalties

Misdemeanor assault charges are raised to felony or assault charges, when certain aggravating factors surround the assault. Aggravated assault charges are taken very seriously in Arizona because they are crimes that harm or injure another person or victim. All Felony Assault charges carry prison sentencing if convicted in Arizona. You…

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Arizona Governor Signs HB 2284 to Restore DUI Jury Trial Rights

“Constitutional rights should be recognized and restored, no matter what the cost” Arizona HB 2284 – DUI; Jury Trial Rights Signed into Law Arizona legislation signed into law April 11, 2012, has restored jury trial rights to first-time DUI offenders. AZ HB 2284 was signed into law by Arizona Governor…

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Drug Possession Charges: Defenses that can be used to Challenge Drug Charges

 “In the midst of even the most serious  drug charges, a good  criminal defense attorney may be able to argue justifiable defenses that often  lead  to a case dismissal, or other favorable outcome in your case.”.  A large number of drug crimes in Tempe AZ are charged as felonies. Depending…

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