Arizona’s Marijuana Possession Laws
In Arizona person may be arrested for Marijuana Possession under ARS § 13-3405. In order to prosecute these charges, the state must prove “beyond a reasonable doubt” the possessor knew or had reason to know, that the Marijuana was in their possession. If the person knowingly possessed the Marijuana, they may be charged with Felony. The severity of the charges and punishment depend on the following:
In Arizona, a motorist may be charged with Marijuana DUI, if they are under the influence of Marijuana, and they are driving “impaired to the slightest degree” A.R.S. 28 § 1381.
The burden of proof rests with prosecution to “prove beyond a reasonable doubt” that a person was actually driving impaired due to Marijuana found in their bloodstream.
Marijuana can actually remain in the blood stream for days and even weeks depending on how much was inhaled or ingested, and the frequency of use. In some cases, traces of Marijuana can be found after a month of use has passed.
Mistake of Law
Mistake of Law is rarely a justifiable pre-trial defense. The Mistake of Law” is when a person knows they committed an act, but they did not know the conduct was against the law. It is different between “Mistake of Fact”. There are few circumstances where “Mistake of Law” is a justifiable defense. Arizona does not accept except ignorance, or lack of knowledge that a particular law exists as a valid defense. This is described under Arizona Law A.R.S. §13-204 (B). Not being aware or having knowledge of the law does not relieve a person of criminal liability. Mistake or lack of knowledge of the law itself, is not itself a justifiable defense
Mistake of Fact
An individual has rights afforded to them by the U.S. Constitution; the Arizona State Constitution; Arizona Laws; and Procedural, Protocol and Criminal Court rights, and basic Civil Human Rights.
Your Rights at a DUI Stop in Chandler, AZ
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,
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.
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
The two main differences between Misdemeanor Domestic Violence and Aggravated Domestic Violence (felony) Charges are:
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:
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.
Arizona DUI & Criminal Defense Attorney Blog