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Mesa Criminal Defense Blog

A DUI conviction, a hearing and the effects on your future

After a conviction of driving under the influence of alcohol in the state of Arizona, you will face an administrative hearing to decide the fate of your driving privileges.

If you need your vehicle to travel back and forth to work or to class, the loss of your driver’s license can be devastating. A DUI mark on your record could also put a big roadblock on your plans for the future.

The risks and problems with plea bargains

Criminal defense attorneys often encounter clients who come to them after a bad plea bargain. These clients want help correcting the errors of the plea bargain, and they want to find out if there is any chance to get out of a bad situation.

Criminal justice reformers often focus on the problems with plea bargains as part of their work. If the police arrest you, it is essential you understand the basics of plea bargains so you can have an informed view of how the criminal justice process could work against you.

Supreme Court will rule on double prosecution

The U.S. Constitution's "double jeopardy clause" prohibits the prosecution of a defendant twice for the same crime. But, state and federal governments often prosecute a person for the same underlying crime under their own laws. In a case that may greatly impact criminal appeals and prosecutions, the U.S. Supreme Court heard argument earlier this month on whether a person can be charged with the same crime under federal and state laws.

The case is an appeal of a defendant who was stopped by police in Alabama for a broken tailgate in 2015. Marijuana and a firearm were found in his vehicle. Possession of the gun was a criminal offense because of his earlier felony conviction for second-degree robbery.

Alexa, what are my rights?

New technology such as Alexa and other information devices have given police new and effective tools. But this evidence also raises serious concerns about illegal search and seizure and privacy rights in prosecutions in Arizona and across the country.

Breath test calibration could be off in your DUI testing

If law enforcement pulls you over on suspicion of driving under the influence of alcohol, you may think it would be an exercise in futility to fight the charge against you.

However, there are several possibilities for errors during your arrest, and one of them concerns breath testing instrument calibration.

Criminal law issue appealed to U.S. Supreme Court

The United States Supreme Court is the highest court in the land. When a matter passes its way through the state courts of Arizona and is given resolution in the Arizona Supreme Court, the only place that the outcome can be appealed is the U.S. Supreme Court. Even then, the U.S. Supreme Court does not hear every matter sent its way.

Recently, the Attorney General of Arizona appealed a criminal law matter to the Supreme Court. In 2002, voters in the state approved a provision to the state's constitution that would prevent individuals accused of rape from being able to post bail for their release from prison while they were waiting for their trials. The provision was challenged in court and, after appeals took it up to the Arizona Supreme Court, that court determined that pending a showing of need individuals accused of such crimes had a right to bail prior to their trials.

Understanding your Miranda rights

If an Arizona law enforcement officer ever attempts to question you about a criminal matter, it may surprise you to learn that you need not voluntarily speak with him or her. Why? Because the law requires only that you provide identification to an officer when asked to do so. Once you do that, you need do nothing further or answer any additional questions.

You likely have heard the Miranda warning many times over the years on TV and in the movies. It consists of the following four parts

  1. You have the right to remain silent.
  2. Anything you say can and will be used against you in a court of law.
  3. You have the right to an attorney.
  4. If you cannot afford an attorney, one will be appointed for you.

Take a stand against violent crime charges

When it comes to criminal charges, no charge is particularly good to have to defend against. An Arizona resident who has been accused of a crime may be fearful of the allegations made against them and may not know what types of punishments are in store for them if they are convicted. However, as a general practice, the more damage an alleged crime inflicts on the public, the more serious their sanctions may be if they are convicted.

A person may face a very different sentence for a conviction on petty theft than they may on a murder charge. Violent crimes like murder, rape and aggravated assault are considered heinous under the law and are severely penalized to both punish alleged wrongdoers and to discourage others from performing similar criminal acts. To this end, if a person is wrongfully charged with a violent crime, they may need to plans carefully to fight to preserve their future and freedom.

5 drugs that are commonly abused

There are a lot of drugs that people use, misuse and become addicted to. Illicit drugs can have a significant impact on the lives of users. Not only can illegal substances cause a variety of health effects, but they can come with criminal consequences as well. 

Due to the fact that there are so many addictive substances in the world, you may be curious about which ones are the most common. Here are some of the most common drugs that people abuse:

The ignition interlock device and other penalties for DUI

Perhaps you have driven your car after having a beer or two on numerous occasions. You have never had a problem.

However, let us say law enforcement pulls you over because of a broken tail light. The officer smells alcohol on your breath, so instead of giving you a ticket, he arrests you on suspicion of DUI and now you are facing some stiff penalties.

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1744 S Val Vista Drive, Suite 210
Mesa, AZ 85204

Phone: 480-359-3457
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