Articles Posted in Arizona Courts

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News Story That Went Viral

Last week in the news, we learned of a suspect was arrested on minor drug charges: unlawful possession of a controlled substance, Xanax. When she appeared in Miami-Dade Circuit Court, the Judge questioned her about her assets, for purposes of a release bond. The suspect laughed in response to the Judge’s questions. He continued to remind her that the proceedings were to be taken seriously, and that they were not in a night club but a court of law. Unfortunately, she did not answer his questions seriously. As a result, the Judge then ordered bail of $10,000.00. At that point, the suspect made an inappropriate exit remark, and disrespectful gesture with her hand. The judge immediately demanded the suspect to return to the podium, and promptly sentenced her to 30 days in jail for contempt of court.

After serving 4 days in jail, the defendant retained a criminal defense attorney. He appealed the harsh 30 day jail sentence and $10,000.00 bond. The defendant formally apologized to the judge for her actions and explained she was under the influence of a controlled substance in her previous court appearance. The Judge remanded her sentence. She was released from jail, and the bond was dropped. She will participate instead in a substance abuse treatment program.

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Elements of a Valid Search Warrant

Under Arizona Laws, Constitution; and the Fourth Amendment of the United States Constitution, a person has protection from unreasonable search and seizures of themselves or their property.

In order for the warrant to be valid the following elements must exist:

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Invoking rights for a DUI: “Due process” begins at the police stop, not the court Room

What is “Due Process?  It is the duty of the Courts, State of Arizona, and the Government to respect a person’s rights, rules and principles afforded under the Constitutions and Bill of Rights. Despite Due processes of law, we often see injustices in criminal processing. For this reason, it is wise to become familiar with your rights; invoke them, and retain a good legal advocate to make sure they are enforced.

The right of “Due Process” is found under the Fifth and Fourteenth Amendment of the US Constitution is the right of a defendant to obtain exculpatory evidence. This is material evidence that is in favor of the defendant; that could lead to a suppression of evidence or a dismissal of criminal charges. These disclosure obligations of “Due process of law” is afforded in the Arizona Constitution, Article 6 Judicial; Section 4.

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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;