Arizona DUI & Criminal Defense Attorney Blog
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:
Articles Posted in Criminal Defense
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What the Location of the Criminal Court You Are Required to Appear at Can Tell You About Your Charges
If you were arrested for DUI or charged with a crime, you should have a complaint or citation. This document will provide information about the location and name of the court that you are required to appear. This is hearing is called an “Arraignment”. All misdemeanors are heard in the lower courts which are City or Justice courts, in the municipality where you were cited or arrested.
If you are required to appear in Tempe Municipal Court, for a misdemeanor or preliminary hearing for a felony for DUI or criminal charges. Below is the location and telephone number for that criminal court:
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Jurisdiction in Arizona Criminal Courts
Jurisdiction as it relates to criminal charges, and the court which has the authority to hear the criminal case. Each court has designated jurisdictional authority over specific types of cases such as Felonies or Misdemeanors. The Court in where the case will initially be heard, should appear on the Citation or Complaint document they received at the time of their arrest or by mail. Arizona law extends jurisdictional authority to certain courts for specific types of cases as follows:
1) Felony charges are heard in Arizona Superior Court. AZ Superior Court is considered one entity. However, there are different locations serving Arizona, and Maricopa County.
2) Misdemeanor cases are held in lower courts including municipal Courts, city courts and Justice Courts.
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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 if the value of stolen property is:
- Equal or more than $1,000.00;
- Under $1,000.00, if the stolen property is a Firearm;
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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” laws. They refer to actions of another resulting from self-defense, or force needed by a person to prevent criminal conduct against them. Some Arizona laws that relate to Justification defenses are found under
A.R.S. § 13 – 205 and A.R.S § 13 – 411. Arizona is one of more than 20 states who have enacted such legislation involving “Stand Your Ground” laws. The states that have such laws, use their own variation of language and provisions. In Arizona a person may lawfully use force in self-defense:
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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 Jan Brewer. Under the act, a provision was put in place to make it retroactively effective to December 31, 2011.
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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 on the nature of the charges, you could be exposed to harsh penalties. If a large quantity (exceeding statutory Threshold Amounts) of an illegal drug or substance is found in your possession, you may face mandatory prison sentencing. Defendants accused of possessing large quantities of illegal drugs usually faced with charges of “possession with intent to sell” or “selling illegal drugs”. In either case, your freedom and future are at stake. You should consult an experienced criminal defense attorney to discuss your matter, and options for defense. If retained, a good criminal defense lawyer, will be able to evaluate your case and find viable defense that can be used to challenge your charges.
Drug Possession Defenses
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Disorderly Conduct: How to Challenge the Charges and Defend your Rights
If you were charged with disorderly conduct in Scottsdale, you should consult a criminal defense attorney to discuss your matter, and defense options. The penalties can be severe depending on the circumstances and classification of the charges. Charges may be brought as misdemeanors or felonies depending on the facts of your case. Disorderly conduct charges sometimes follow a warning by police, but not always. Due to the nature and subjectivity of the charges, they are frequently challenged; and often dismissed due to lack of sufficient evidence.
Disorderly Conduct Penalties
If convicted of Class 1 Misdemeanor under Disorderly Conduct Laws A.R.S. 13-2904, the penalties may include up to 6 months incarceration; $2500.00 fines; fees; costs; probation; and other penalties.
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Defenses to Drug Possession Charges in Arizona
“ Arizona, Drug Possession convictions, requires the defendant to have “knowledge” of Possession. If your criminal lawyer can raise reasonable doubt regarding “knowledge” of the drugs in their possession, it can lead to a dismissal of your Possession charges.”
In order for the State of Arizona to get a conviction for illegal drug possession charges they have the burden of proving that a defendant had “knowledge” that the illegal drugs were in their Possession. Illegal drugs include possession of Marijuana, Dangerous drugs, Narcotic drugs or any other drugs or substances defined Arizona law A.R.S. 34 13-3401:
- A.R.S. 34 13-3402: A person shall not knowingly: possess, use, produce, sell, transport, distribute, manufacture, Marijuana, or any other illegal drugs;
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Arizona Misdemeanor Assault Laws, Classifications and Penalties
“Understanding the strict Arizona Assault laws, is the first step to defending your charges. Being familiar with them, also contributes to prevention.”
Misdemeanor Assault Laws in Arizona
If you face any type of assault charge, you should consult a Chandler criminal defense attorney to discuss your charges and defense options. This offense sometimes referred to as “simple assault” charges. And although they are classified as misdemeanors, they carry severe penalties due to the fact that they are considered crimes against a victim. Misdemeanor assaults are classified into three different categories Class 1; Class 2; and Class 3; with Class 1 charges and penalties being the most severe: