Articles Posted in Uncategorized

Published on:

Article Updated July 28, 2017                        “Public Health Crisis of Historic Proportions”                                                                                           

800px-Heroin

On December 6, 2016, United States Drug Enforcement Administration (DEA) Acting Administrator Chuck Rosenberg announced results from the 2016 National Drug Threat Assessment (NDTA), the comprehensive annual assessment providing “a national-level perspective of the illicit and remarkably dangerous drug threats facing the United States.” In a DEA press release, Rosenberg said that the report reconfirmed that opioids such as heroin and fentanyl are killing people in the country at “a horrifying rate.” Rosenberg said the country faces “a public health crisis of historic proportions.”

According to the NDTA, heroin overdose deaths more than tripled between 2010 and 2014. The 2016 NDTA found that Mexican transnational criminal organizations (TCOs) continue to act as the biggest criminal drug threat to the United States and are the primary suppliers of heroin as well as cocaine and methamphetamine.

Published on:

Safety Messages; and Overview of Impaired Driving Laws and Penalties in Arizona  

One of America’s most popular days of the year for sports, Super Bowl Sunday, is also one of the most dangerous.  This is due to the incidents of impaired driving, and other crimes that historically increase on game day including under age 21 drinking, assaults, disorderly conduct and domestic violence.

Advertising for liquor specials, great places to eat, have fun, and watch the game are everywhere.  But as a criminal defense attorney, dealing with the aftermath of a DUI and criminal arrests every day, I see the consequences it has on those who have been arrested and their families, as well as victims and their  families.  To make sure you have fun, and your event or celebration ends safely, I urge everyone not to let the excitement and festivities distract you from making wise judgment decisions.   You can do this by planning ahead for a ride home; knowing your limits even if you are not driving; and looking out for others safety as well as your own.

Published on:

Convictions result in life altering criminal and collateral consequences for offenders.

The search resumes for missing 19 year old ASU student who disappeared during what he previously described to his family as “hell week” for initiation into a fraternity. He was last seen at Tempe Marketplace 11:00 pm on November 30, 2012, after attending an event held by a fraternity for which he was pledging.

Tempe police have tenaciously conducted ground and lake searches; used K-9 units; surveillance video; interviews with friends, class mates and followed many leads, in desperate attempts to find the missing college student.

Published on:

Felons can no longer sue victims

Arizona voters passed Proposition 114, as expected, by an overwhelming 80% margin. The Arizona Constitution will be amended to abolish the right of aggressors to sue their victims if they are harmed in the process of committing a felony offense. There was little opposition, and no formal organized arguments “against” the measure prior to the election.

The constitution previously allowed for an unrestricted right of a person to sue another if they were harmed or injured by the person or property owner. However, this enabled some criminal offenders to sue their victims.

Published on:

Arizona Proposition 14, if passed by voters will protect the victim from being the subject to a lawsuit if a person is injured or death results from felony conduct. The Proposition would amend the following sections of the Arizona Constitution:

  • Article II, section 31 regarding “Damages for death or personal injuries”;  and
  • Article XVIII, section 6, regarding “Recovery of damages for injuries”
Published on:

Family of deceased mentally ill inmate files new lawsuit for $20 Million by family for death of mentally ill inmate, Ernest Atencio who died in December 2011.

The lawsuit names multiple entities in the law suit including MCSO, Phoenix Police Department, and other individuals they feel are accountable for his wrongful death.

The lawsuit alleges that multiple officers beat the inmate; shot him with a stun without provocation; humiliated him by mocking his mug shot along with other allegations.

Published on:

DUI Arrest Based on Blood Results in Chandler AZ

If the police suspect a motorist is impaired due to drugs, or a suspect refuses to allow the police to conduct a breath test, they will get a warrant to proceed with Drug DUI blood test. If the test results are positive for drug or alcohol and the police had probable cause to believe a person was driving impaired to the slightest degree, an arrest will be made.

A positive DUI drug or alcohol blood test does not mean you will be found guilty. It means a person is may be charged, and that they will have a chance to defend those charges. The best way to do this is to retain legal counsel to represent you. They will examine the evidence to determine if the blood tests results were compromised and if so they will file a motion to suppress the evidence.  Below are 10 common areas of defense related to blood test evidence (List is not all inclusive):

Published on:

You should never plead guilty to DUI or criminal charges before consulting a qualified criminal defense attorney. They will provide you with valuable information concerning your charges as well as your options for legal representation and defense. A majority of criminal defense firms offer free consultation for recent and active charges.

Free Consultations

Here are some things you should know before scheduling a consultation:

Published on:

Felony Assault v. Misdemeanor Assault charges in Mesa, AZ

There are two main differences between Felony Assault charges and Misdemeanor Assault charges:

  1. Aggravated Factors – Circumstances which are involved in Aggravated assault that are not present in Misdemeanor assault. Assault charges will be raised from a Misdemeanor to a Felony if at least one of 10 aggravated factors surround the offense;
Published on:

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 will need an experienced assault defense attorney to legally represent you to assure you will be treated fairly;  protect your rights; and defend your charges.

Arizona Aggravated Assault: A.R.S. § 13-1204 (A) Classification

A person may be charged with aggravated assault under A.R.S. § 13-1204 (A) if the person  knowingly, recklessly, or intentionally provoke, injure, insult, cause physical injury or harm to another person. Specifically a person may be guilty of felony assault or aggravated assault if they: