Articles Posted in Criminal Defense

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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 be brought as Misdemeanors unless the market or dollar value of the property exceeds $1,000.00. Theft crimes involving items that exceed that amount will be brought as a felony.

The exception to this is if it is a firearm or an animal. Charges for theft of an animal or gun, will be charged as a felony, even if the dollar value is below $1,000.00,

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Motions to Suppress Evidence for Criminal Charges

The Arizona Rules of Procedure for criminal cases allows for the defendant to file a “Motion to Suppress” evidence in under specific circumstances. If a justified reason exists, your defense counsel, will file a “Motion” for the court to consider suppressing or disallowing the prosecution to use certain evidence against a defendant.

The motion must be justified and not frivolous. If the court agrees, to suppression of material evidence against a defendant, it often leads to a dismissal of charges.

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Arizona Driver’s License Revocation

Driver’s License revocation is the State of Arizona’s withdrawal of a person’s driving privilege for an indefinite length of time. Revocation of a driver’s license, in most cases, occurs as the result of a serious Gilbert DUI or criminal conviction that involved your driving. For most people who drive, it is an inconvenience or even a hardship. For some, it is more than can be devastating. It may mean loss of job or future job opportunities; and other long term adverse effects on a person’s life and family.

Gilbert DUI Charges & Criminal Convictions that Result in Driver’s License Revocation

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Following an arrest, you will be required to appear in court for an Arraignment.  This is your opportunity to inform the court of how you wish to plea, which dictates the type of criminal processing that takes place from there.   If you wish to obtain legal representation, and defend your charges, you should plead “Not Guilty”. This invokes your rights to a defense and retention of counsel.

Types of Court Pleas  

There are three ways a person can plead in an Arizona criminal court. Each will have a separate outcome in your case:

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Some call the conditions in Sheriff Joe’s controversial Tent city, cruel and inhumane. In the Arizona desert heat during the summer, temperatures inside the sun beaten tents often soar as to 130 degrees Fahrenheit. Some reported temperatures have been reported as high as 150 degrees

Sheriff Joe Arpaio defends his position on the conditions in Tent City. He repeatedly argues that conditions are no worse than the conditions US military service men and women on active duty experience in the Middle East.

One Tent City employee who worked as a cook for the inmates claimed ingredients had often expired, and the kitchen was filled with roaches and rats.

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“Some people mistakenly think that because a drug is synthetic or imitation, that it is legal.”

Law enforcement officials issued 17 search warrants in Maricopa County, as part of a nationwide operation targeting simulated illegal drugs including Cocaine, Meth, Marijuana and synthetic chemicals. The effects of such sales are being called an “epidemic” of the designer drug market.

Raids were conducted targeting manufactures, distributors, retailers, and individuals involved in sales of simulated drugs. Law enforcement in Arizona seized over $3 million in assets; over 3,000 pounds of synthetic Marijuana products and chemicals, and over 700 pounds of bath salts, including related substances, firearms and vehicles used in the illegal operations.

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Tempe Police are warning students returning to ASU to be cognizant of drunk drivers; thefts; and assaults. DUI, drug charges, and thefts, pose the largest threat to victims, and the most criminal arrests to those who are new to the school or unfamiliar with their surroundings and Arizona Laws. Here are a few safety tips that police and criminal defense attorneys want students or those new to the valley to know:

  • DUI safety checkpoints will be planned for Tempe AZ;
  • Driving while “impaired to the slightest degree” due to alcohol or drugs will result in arrest;
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A “mistake of fact” is a common justification defense used to challenge criminal charges.   It means that a violation of the law occurred, but only as a result of a mistaken fact.

For example, let’s say a person is on a business, and must rent a vehicle.  They then have to use valet parking for their business meeting.  At the end of the day, the valet parking attendant, inadvertently mixes up the keys, and brings you someone else’s white car, same make, model and year.  You drive the car away.  The next morning, you are contacted by police for questioning in the theft of the real owner’s vehicle.  You did not know the valet brought you the wrong vehicle; and you did not intend to permanently deprive” the real owner of their vehicle.

Therefore, in the event of charges brought against the store owner, the “mistake of fact” would be a justifiable defense.

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To obtain a copy of your Scottsdale DUI or criminal incident police report contact the Scottsdale Public Safety Records Department. You can mail your request and required payment for the police report to the following address:

Scottsdale Public Safety Records Dept.

8401 E. Indian School Road

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Motions to Suppress Evidence in DUI or Criminal Charges Gilbert AZ

The Arizona Rules of Procedure for criminal cases governs the procedures and protocol for processing DUI & criminal cases. If retained, your attorney will review your case to determine if any of your rights were violated and what defenses may be used in your case. If one or more exist, they will file a “Motion” for the court’s review.

Motions should have justifiable basis and not be frivolous. If there is cause to suppress evidence in your case, legal advocate will file a “Motion to Suppress” certain evidence that the prosecution plans to use against you. The presiding judge may grant suppression of the evidence. In many cases, suppression of material evidence may lead to a dismissal of charges.

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