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Mesa Criminal Defense Blog

Defending against illegal searches

It can be incredibly traumatic to witness law enforcement officials rifling through one's personal possessions, tearing through their home or emptying out the contents of their car for all of the world to see. Although in some cases it is legal for Arizona police officers to perform these extensive searches of suspects' property, in other situations law enforcement officials may overstep their boundaries and may perform searches that violate individuals' constitutional rights.

Law enforcement officials must have adequate grounds on which to perform searches and when they do perform those searches they must follow the laws that govern what may be searched and what may be seized. When they fail to follow the laws in place that are intended to protect citizens from unreasonable searches and invasions into their privacy, the evidence they collect may be inadmissible in any legal proceedings against the suspects.

Can you get a DUI on a bike in Arizona?

Driving under the influence of alcohol is a serious offense. Police are constantly on the lookout for any intoxicated drivers, especially during holidays. During the most recent Fourth of July holiday, Arizona police arrested 289 individuals for operating vehicles while inebriated. 

After a night of drinking, there are many ways to get around a city without operating the car on your own. Public transportation and services such as Uber are readily accessible. However, some people think they can circumvent the law by riding a bicycle after drinking. While the law varies from state to state, there are no definitive laws on the books in Arizona about police arresting bicyclists under the influence. 

Arizona gymnastics coach cleared of sexual misconduct allegations

Earlier this year former sports doctor Larry Nassar was sentenced to prison for allegedly committing misconduct against a number of athletes who were under his care. His case sparked outrage in Arizona and throughout the rest of the country and caused youth sports organizations to take a careful look at how athletes are treated in specific programs. This deep examination of alleged misconduct and abuse in youth sports affected an Arizona gymnastics facility owner who has been involved in youth athletics for years.

The accused had been the owner of the Arizona Sunrays since 1990 when allegations of sexual misconduct were lodged against him. A former athlete allegedly came forward and claimed that he had abused them and as a result the accused was removed from his position and forced out of coaching. After an investigation of the claims that dated back to 1986, the owner was cleared of any wrongdoing and was allowed to return to his work.

Appealing a felony conviction

A felony conviction may be a devastating blow after the months you spent preparing for and going through your criminal trial. However, in Arizona, you can appeal the decision.

The appellate court's review of your trial is not a second trial. Instead, it is a panel of judges reading your brief, listening to your attorney's oral argument if they call for one, and then deciding if a legal error occurred during your trial that might have changed the outcome.

What are the elements of an assault charge?

When an Arizona prosecutor believes that they have enough evidence to try and convict a person for the crime of assault, they think that they can prove all of the elements of the charge. The following paragraphs will outline what is involved in a charge of assault and what defenses a Mesa resident may have to such claims; this post does not offer legal advice and readers should retain their own attorneys to get case-specific guidance.

First, an assault charge must involve an action. The action cannot only be the words said by the alleged assaulter. The action must be in furtherance of the alleged attacker's intention to cause physical harm to their victim.

Police can arrest a driver with a BAC lower than 0.08

In most states, the legal limit of the amount of alcohol people can have in their systems when driving a car is 0.08. Numerous organizations lobbied the government to lower the limit over the years, and many groups continue to believe that legally lowering the limit more will further reduce the number of alcohol-related car crashes. 

However, even though 0.08 is the blood alcohol concentration limit in many states, police officers can still cite drivers if they have any amount of alcohol in their systems. While many people think they are fine to drive after just one drink, it is always best to have someone else get behind the wheel. 

Allegations of sex crimes can damage a person's reputation

There is nothing easy about defending one's self against criminal charges related to rape, sexual misconduct or solicitation. For this reason, individuals who must confront sex crime charges will need to conduct a thorough assessment of their options when establishing the defense strategies. The Nolan Law Firm is available to help those who are caught in the difficult process of working through sex crime allegations and are committed to supporting them in court.

Sex crime allegations can do more than just hurt a person's reputation. Aside from the fact that a wrongful rape or misconduct charge may hang over a person's life indefinitely and strain the relationships that they have with their families, friends and colleagues, a wrongful conviction may close the door to many opportunities the individual may have otherwise enjoyed.

Understanding Arizona’s homicide laws

If you kill someone in Arizona, with or without the intention to do so, that is a homicide. But did you know that Arizona law specifies four types of homicide for which you could face charges?

It is true. Depending on the circumstances surrounding the death you allegedly caused, you could face prosecution for one of the following four crimes:

  1. First-degree murder
  2. Second-degree murder
  3. Manslaughter
  4. Negligent homicide

Getting a license back after a DUI revocation

One of the penalties that drivers in Arizona may face if they are convicted of a drunk driving crime is the loss of their driving privileges. A driver's license may be suspended or revoked, leaving them without the right to get behind the wheel of a car and drive where they please. However, it is possible for a person to get their license back in some circumstances.

Most of the requirements that a person must satisfy to get a driver's license back are administrative. They must follow all of the terms of their sentence and must apply to get the license back. The individual may be required to pay a reinstatement fee and show that they are financially responsible to maintain insurance and drive their car.

Tips to avoid a DUI this Fourth of July

Fourth of July is a great time to get together with friends and family, but you do not want to ruin the good times with a DUI arrest. The police are on higher alert during holidays than other times of the year. For example, during the previous Memorial Day weekend, Arizona police arrested 481 people for DUI.

You may want to have a few drinks for the occasion, and there is nothing wrong with that. However, you need to make sure you do not get behind the wheel of a vehicle. You never know when you may encounter a DUI checkpoint, and even one or two drinks could put you over the limit. 

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The Nolan Law Firm
1744 S Val Vista Drive, Suite 210
Mesa, AZ 85204

Phone: 480-359-3457
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