Criminal Law Blog

Gun Laws in America

Guns! Guns! Guns! Even if you have been living in a cave you likely know about the controversy over gun rights in America. The recent mass shootings in the United States has awakened the debate on the right to bear arms. While the biggest political fight will always be whether Americans should be allowed to possess guns it seems that our right to bear arms is safe for now. This graphic helps illustrate the current
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Prevent being charged with an Aggravated DUI

If you have been convicted of a DUI in Arizona  you already know how serious the consequences are.  Specifically, the amount of mandatory jail and the high fines and fees are enough to make most people very careful to not drink and drive.  Unfortunately, there are times when people still make the same mistake and are arrested for a 2nd DUI.  A second DUI conviction in Arizona can cause the suspension of ones drivers license
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Most Scandalous DUIs in US Politics

Even the people who write the laws find themselves breaking the law. Below is an infographic of some of the most scandalous DUIs that our politicians have found themselves in. Copy and Paste the Code Below to Embed the Graphic On Your Site

Arizona legislator arrested on DUI charge in Scottsdale

SCOTTSDALE, Ariz. – According to police reports, state representative David Burnell Smith was accused of driving under the influence of alcohol in north Scottsdale on October 21. He faces two counts of driving under the influence and one of making an unsafe lane change. Smith, a personal-injury attorney at Smith Law Firm in Scottsdale, who is an Arizona legislature, is a Republican who represents northeast Phoenix, Carefree, Cave Creek and northwest Scottsdale. He also specializes
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Former Arizona Diamondbacks player Mark Grace indicted on four felony DUI counts

PHOENIX – According to authorities, former Arizona Diamondbacks first baseman and television analyst Mark Grace has been indicted in a DUI case. If convicted, Grace could be facing between one and 3.75 years in prison. However, he could face less time in jail if he pleads guilty to reduced charges. According to authorities, Grace is not eligible to probation because it was his second DUI charge in a 15-month span. Grace, 48, was indicted on
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Arizona woman killed early Friday morning in DUI crash on Hwy. 128

A 20-year-old Tucson, Ariz. woman was killed in a solo-vehicle crash on Hwy 128 early Friday morning. A 32-year-old man from San Francisco was arrested on suspicion of drunk driving and gross manslaughter. According to the California Highway Patrol, Ryan J. Wallis, driver of the 2008 GMC 2500 pickup truck was reportedly driving at a speed of about 60 miles per hour east on Highway 128 around 3 am October 12. CHP confirmed that Wallis
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Arizona Sheriff legally drunk in fatal crash

FLAGSTAFF, Ariz. – Larry Dever, 60, the Cochise County sheriff, died in a one-vehicle wreck in northern Arizona with a blood alcohol level three times that of the legal limit. The exact level of alcohol was specified after the autopsy at 0.291 percent. The legal limit in Arizona is 0.08 percent. The autopsy also revealed that Dever was driving without a seat belt and authorities reported that he had beer and liquor in his vehicle.
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Civil Air Patrol Students use drunk driving course to learn dangers of drinking and driving

PHOENIX – Arizona cadets in the Civil Air Patrol attended a drunk driving course at the Deer Valley Airport regarding the dangers of drugs and alcohol use and how the decision we take can affect other people’s life. Kevin Deinzer with the Civil Air Patrol, also a participant attending the session said, “They’re all friends so it shares between the friends. They think about it a little bit more when they do get in a
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Suspected drunk driver rams PCSO car during chase

CATALINA, Ariz. – Deputies from Pinal County Sheriff’s Office have arrested John Contreras, a Tucson man, after a wild chase and charged him against multiple felony charges. The incident occurred early Tuesday morning when a deputy parked along the side of southbound Highway 77 noticed Contreras in an unsteady state. 31-year-old Contreras was behaving erratically and stopped his Hummer SUV behind the deputy’s car. While blocking southbound traffic, he turned off his lights. He then
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Injuries from fatal crash may prevent charges for drunk driver

MONTICELLO – Erik H. Yazzie, 32, from Phoenix, Arizona, was charged at the 7th District Court for automobile homicide, a second-degree felony; DUI, a third degree felony; theft by receiving stolen property, improper lane travel, a class C misdemeanor and a class A misdemeanor. Yazzie was accused of killing another man in a drunk driving crash earlier this year. However, the San Juan County prosecutors say they may not be able to pursue the criminal
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Arizona woman arrested for 4th DUI involved in tragic story two years ago

PRESCOTT, AZ – The 40 year old was arrested by the Yavapai County Sheriff’s deputies while waiting for her at the school bus stop from where she regularly picks her children aged 8 and 15 in her SUV driving them home from the bus stop. Her driver’s license was revoked due to three previous DUI convictions. A Yavapai County Sheriff’s Office spokesperson confirmed that Trapp and her family were in the headline news in the
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Arizona man Cited for Felony Count after Vehicular Theft – Father turns son in

AZ – An Arizona man, Jeffrey Spradlin, has been convicted with a felony count of theft after allegedly stealing a truck and driving into the Panhandle region. He remains in Cheyenne County Jail in lieu of $25,000, or a bond with 10 percent. The thirty year old man, who is a resident of Casagranda, was detained last week on Wednesday following an investigation by the police which began with someone reporting the theft by phone.
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Arizona finally executed man for 1987 rape and murder of co-workers…

Arizona finally executed man for 1987 rape and murder of co-workers after the Supreme Court had temporarily blocked his execution to consider whether he had adequate counsel Daniel Wayne Cook, 51, is shown in this handout photo obtained by Reuters on August 8, 2012. Cook, who tortured, raped and strangled two co-workers in 1987 was put to death in Arizona on Wednesday, more than a year after the U.S. Supreme Court temporarily blocked his execution
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Tempe police bolstering their efforts to curb underage drinking…

Tempe police bolstering their efforts to curb underage drinking and prevent sexual assault, according to records TEMPE, Ariz. — Tempe police, as a part of their ongoing back-to-school safety campaign, are exerting efforts towards holding awareness drives to protect Arizona State University students and others against sexual assaults, according to reports. Official representatives and crime prevention officers have been on foot patrols in Tempe’s downtown, welcoming students and handing out wallet cards with prevention tips
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Police: MCSO faces a $30 million claim from the family of developmentally disabled…

Police: MCSO faces a $30 million claim from the family of developmentally disabled victim of sexual abuse and assault Multnomah County, Arizona – The family of a girl has filed a $30 million notice of claim against the county and Sheriff Joe Arpaio’s agency asserting gross negligence in the handling of the sexual crime case. According to reports, the abuser was allowed to walk free for nearly five years while the Maricopa County Sheriff’s Office
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Arizona woman Convicted of First Degree Murder…

Arizona woman Convicted of First Degree Murder released from prison after 49 years after a unanimous decision in her favor, according to reports               After 49 years behind bars, the nation’s longest-serving female inmate is free. PHOENIX (AP) — A woman who was convicted in the 1963 murder of a child, was released from the custody of Arizona prison after 49 years after the state’s clemency board agreed she
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Canadian convicted of sex crimes in Arizona Finally arrested in Canada..

Canadian convicted of sex crimes in Arizona Finally arrested in Canada after 2 years, according to authorities DELTA, B.C. – A Canadian man, who fled out of his sex trial in Arizona, has been arrested in Canada more than two years later. According to authorities, Wilcox fled the state before his trial ended and, in his absence, was found guilty of two of the charges. His sex crime was charged in Pima County, Arizona, in
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Drunk Driving Phoenix Man faces automobile homicide, Misdemeanor…

Drunk Driving Phoenix Man faces automobile homicide, Misdemeanor, a second and third-degree felony, DUI After Getting Caught Riding a Stolen Car, Police say MONTICELLO, AZ — Erick H Yazzie, a resident of Phoenix, Arizona was drunk and driving a stolen car when he killed another driver in a head-on crash south of Moab in April, according to San Juan County prosecutors. The thirty two year old left a restaurant on April 21 on the roadside
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Arizona Efforts to Increase Patrol Enables Police to Capture 15 Driving Drunk

SIERRA VISTA, AZ — There were more than 60 traffic stops conducted by the Cochise County Sheriff’s Office as part of a weekend DUI operation. The weekend DUI operation, which increased the number of police officers deployed on the roads, also resulted in more than a dozen citations. According to reports, from a total of f 66 traffic stops, 15 citations were issued for driving under the influence, and 37 warnings for other violations were
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Scottsdale man busted for DUI second time – this time with young children in truck

Scottsdale, AZ – Jozef Butler, a resident of Scottsdale, Arizona, was arrested for driving under the influence of alcohol in Mesa on Wednesday according to Mesa County Police. According to the police, Butler was driving northbound near Mesa Drive and Mckellips Road with two young children present in the carat approximately 11 p.m. when he failed to break on time while turning left at the intersection, resulting in a collision with another vehicle. After the
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Arizona Man faces a Super Extreme DUI charge

Topock, Arizona – According to a report by Mohave County Sheriff’s Office, a man was imprisoned earlier last month on suspicion of extreme DUI, which, after the breath test showed a blood-alcohol content of .328 percent. In Arizona, anyone with a BAC of 0.08 percent faces a DUI charge. According to Trish Carter, a Movave County Sherrief Office spokeswoman, last month on June 11th, the police stopped Scott Jarc, a resident of Topock, at 4
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Famous Cardinals’ star Clark Haggans Convicted for Drunk Driving in Arizona..

Arizona’s renowned sports star, Clark Haggans, was arrested for drunk driving on Wednesday after being pulled over by the cops over a traffic violation in Arizona. The Cardinals linebacker, who is also a former member of the Pittsburgh Steelers, also faced a range of other penalties which include serving forty eight hours of community service at the Westmoreland County Prison, paying a hefty fine of $702, and attending a seven-day work release at the prison
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The Rights of Non-Citizens in the Arizona Criminal Process

Being arrested in Arizona is a terrifying experience no matter who you are. How could it not be? Most likely, you’ll have an intimidating Arizona law enforcement officer put cuffs on you and place you in the back of a squad car while reading you rights that you’re probably not even able to pay much attention to. Then you’ll be taken down to the local precinct for booking, where you’ll be photographed, fingerprinted, have your
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Sentencing for Arizona Felonies

No matter what the actual charges are, if you or a loved one is arrested for a crime in Arizona, it’s serious business. Chances are, it will affect your work, your family – your entire future. At the very least, you’ll likely be facing fines, court costs, and probation of some sort, and the complexities of the Arizona legal system only make figuring out what’s going on that much more difficult. For your best chance
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Sentences and Fines for Arizona Misdemeanors

Generally, any time you or a loved one is charged with a crime in Arizona, it will be labeled as a felony, a misdemeanor, or a petty offense. Felony charges in Arizona cover the most serious of crimes – things like murder, rape, and other dangerous violent illegal activities, for example. Misdemeanor charges, in contrast, are often leveled against people for criminal activities that are considered “lighter” or “not as bad.” And petty offenses are
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Plea Bargains in the State of Arizona

If you or a loved one is arrested for a crime in Arizona, you will be facing charges for your crime. Depending on the nature of the incident, those charges might be very minor – say, fines, court costs, and probation – or incredibly harsh – years spent in prison with the possibility of the death penalty. Most people know that more serious crimes are labeled felonies, while crimes of a less serious nature are
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How Long Can You Be Held Before Bail Must Be Set in Arizona

If you are arrested and put in jail, one of your first concerns will likely be how long it will be until you can leave. The first step towards going home is finding out what bail is required for your case. In the state of Arizona, you are entitled by law to have what is called an “initial appearance” in front of a judge within 24 hours of your arrest. During this hearing, bail will
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What Are Arizona Bail Bondsmen?

If you or a loved one is arrested in Arizona and charged with a crime, you will go through a number of different processes required by law. As any experienced Arizona criminal attorney can tell you, it starts with the actual arrest. Very likely, you will be handcuffed and placed in the back of a squad car by an officer of the law as he or she reads your rights to you. Then you will
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Breathalyzers and Residual Mouth Alcohol

To understand how residual alcohol in the mouth affects a breathalyzer reading, you first need to understand how breathalyzers work and what is “mouth alcohol”. When you drink alcohol, your body immediately starts to absorb it in the elementary canal, starting from the mouth, the stomach all the way to the intestines. When the body starts absorbing alcohol, it starts to rapidly distribute it in the blood. When the blood reaches the liver, alcohol is
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Crash in Chandler Leads to Attempted Carjacking

On Wednesday night a 46-year old Phoenix area resident had a harrowing experience in Chandler.  While out driving in a quiet area near Chandler Gilbert Community College she was suddenly rear-ended by a dark colored Nissan truck.  The truck raced up behind her from out of nowhere for her description. She chose to drive forward to one of the community college entrances with the truck following closely behind.  She assumed they would examine the damages,
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Two Suspects Arrested for Recent Credit Card Theft in Phoenix Area

Officers in Scottsdale nabbed a pair of credit card thieves as they followed up on a lead provided by the public.  The two suspects are Thomas Kramer and Kasandra Martin.  Thomas and Kasandra were videotaped in a Lowe’s store in Phoenix using the stolen credit cards for their purchases.  They also used the credit cards for buying gasoline at an area station. The credit cards they were using were stolen from Mazda on December 30th
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Former War Veteran Murders Wife then Turns Himself – Phoenix

Former DOC Officer Anthony Rinaldi entered a not guilty plea on charge of second-degree murder in connection with the death of his wife. 28-year-old Amanda Rinaldi was found shot to death inside the garage of their Ahwatukee home. Shortly after the shooting, Rinaldo turned himself in to the police by calling 911. According to reports, a call from a child was made to 911 reporting that someone had been shot. When emergency responders arrived at
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Underage Driver causes extensive damage – Phoenix

A 17 year old driver lost control of her vehicle and crashed her car into a bus stop, causing lots of damage and injuring an innocent bystander. The accident took place on Cave Creek Road near Seventh Street in Phoenix. Luckily, the bystander was able to move out of the way partially, prior to impact. According to police reports, the driver was not intoxicated and lost control of her vehicle due to speeding. Therefore, no
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Shoplifting in Phoenix, Arizona

Shoplifting is considered a serious crime in Phoenix, Arizona, and can be classified as a class five (5) felony which can have a jail sentence of up to 6 months along with probation and fines. The possible punishment for shoplifting in Phoenix depends on the value of items stolen and the kind of theft. For example, a person can commit shoplifting if he or she knowingly obtains goods or items with the intent of taking
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Top Spots for Auto Thefts in Phoenix

Greater Phoenix area suffers from a very high rate of auto thefts. In fact, it is considered to have a considerably higher rate of auto theft as compared to most other states in the United States. This crime affects almost all drivers in Phoenix, in the form of higher auto insurance rates. It is known that the proximity of the state to Mexico may have something to do with the higher auto theft rate, because
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DUI Holiday Task Force starts tonight

              The East Valley Tribune reports that 125 officers from local agencies begin the DUI Holiday task force in the East Valley* Friday night. While the task force is looking for impaired drivers it is also enforcing a zero tolerance policy for underage drinkers reports the Tribune. If your attending a holiday party, graduation, or other social event please be responsible and know that police are looking for those
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Beware: Arizona Police Agencies are gearing up for Holiday DUI task force

  The Arizona Office of Highway Safety has a new slogan this Holiday season. Their motto, “Drive Hammered… Get nailed!” The Arizona Republic reports that 70 Arizona police agencies and thousands of officers will be participating in a Statewide Holiday DUI Enforcement Task Force this year. The Office of Highway Safety has earmarked over 1 million dollars to purchase six DUI processing vans to make more DUI arrests.   So while you enjoy the Holidays
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How to fight an Aggravated DUI, class 4 felony

Aggravated DUIs are serious offenses in Arizona. Not only are they felonies that will stay on your record for life but they also come with a mandatory minimum of 4 months in prison for first time felony offenders. If a person has prior felony convictions then they could be looking at multiple years in prison for an Aggravated DUI. So how does one fight an Aggravated DUI charge in Arizona? The answer is you need
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Testing for BAC in Arizona DUI

In Arizona, BAC (Blood Alcohol Content) is the criteria on which your DUI case may depend, a higher BAC will result in harsher penalties. Usually it is done by either breath testing or running blood tests in Arizona DUI investigations. So with your future at stake it is important for you to understand how BAC is measured, as even a fraction of deviation in the results may have grave consequences for your future life. Preliminary
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Underage DUI in Arizona what you should do?

Arizona Law has ZERO tolerance for Underage Minor DUI Arizona law ARS 4-233(33) says that is illegal for an underage minor to drive a motor vehicle with any amount of alcohol in their system. Arizona law is very harsh when it comes to drinking and driving by underage drivers. For adults a blood-alcohol content (BAC) of .08 or higher can get you a DUI charge, but in the case of minors and young adults (up
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Arizona DUI

If you get arrested with a DUI charge in Arizona you may be overwhelmed thinking about the all the possible outcomes following your DUI case. Most people are not fully aware of the complexity of DUI law.  They either take it too lightly or may fear the worst. However the the outcome of a DUI case depends on the strength of the States investigation, your previous DUI record, severity of your DUI charges and the prevailing
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How can a Professional Attorney Help you in a Tempe DUI case?

If you have been arrested for a DUI in Tempe it doesn’t mean you will be convicted, or in the worst feared scenario serve a jail time. Owing to the individual circumstances of every DUI case the outcome can be different case by case. So your DUI case pretty much depends on the specific circumstances and the alleged DUI charges associated to your particular instance. However due to the recent changes in the Tempe’s (Arizona’s
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What is “impaired to the slightest degree”?…

What is “impaired to the slightest degree”? Why you must understand what it means for your DUI charge In Arizona and other states it is widely known that the legal limit for driving a vehicle while under the influence of alcohol is over a .08 blood or breath alcohol level.  But what is not commonly talked about is that a person can get a DUI even if their Blood/Breath Alcohol level is less than a
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Factors leading to Arizona DUI case buildup

If you have been pulled over by a police officer in Arizona, the initial process a police officer will go through to determine whether to stop or arrest you for driving under the influence of alcohol or drugs has been detailed in this article. The initiation of a DUI stop by a police officer is based on his belief, that you are operating your vehicle in an abnormal manner or on the clues leading to
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Aggravated DUI, a class 4 felony – What is it?

In short, it is a very serious offense.  So, what is an Aggravated DUI and how is it different then a regular DUI?  In Arizona, a person commits an Aggravated DUI when they do one or more of the following: 1.  DUI (Drive under the Influence of alcohol or drugs) while a person has  a suspended, restricted, or revoked drivers license in any State. 2.  Get a 3rd DUI within 84 months 3.  Get a
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Super Extreme DUI in Tempe, Mesa, Chandler & Maricopa County

In 2006, nearly 600 motorists died from alcohol related accidents. The people of Arizona wanted tougher DUI laws, after months of lobbying their state legislators, they got what they asked for: Super Extreme DUI. Arizona’s Super Extreme DUI law lives up to its namesake. The new Super Extreme DUI law was designed to send a clear message to drunk drivers in the state. If you are convicted of a Super Extreme DUI expect your life
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Penalties for being Arrested for Aggravated DUI in Arizona A.R.S. 28-1383

Types of Aggravated DUI, class 4 & 6 Felonies DUI with a child under 15 year of age in the vehicle (class 6 felony) DUI while your drivers license is suspended, canceled, revoked, restricted (class 4 felony) DUI while your required to have an ignition interlock device (class 4 felony) DUI arrest that is your 3rd within 7 years (class 4 felony) Potential Aggravated DUI Penalties Aggravated DUI class 6 Felony: 4 months to 2
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