Arizona’s first attempt at a “Revenge Porn” law was overturned by the Arizona Supreme Court. It took awhile, but our wonderful legislature went back to the drawing board and crafted a new version. The New Law Arizona Revised Statute §13-1425 makes it a crime to intentionally disclose an identifiable image of another person that: Depicts that person nude or engaged… READ MORE
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HOW MUCH TIME AM I GOING TO GET?: ARIZONA’S SENTENCING LAWS IN A NUTSHELL
In Arizona, after one is convicted of a criminal offense, the judge will sentence you. The range of sentencing will depend on the type of offense involved. As a criminal defense attorney, we actually have books devoted to sentencing. Sentencing can be complicated. Please consider the following information as general information only; your situation may be different. MISDEMEANORS Normally prosecuted… READ MORE
You Just Got Sentenced. Now What? Part 2: The Post Conviction Relief (PCR) Process
In Arizona, there are two basic means of challenging your conviction: Appeal and Post Conviction Relief (PCR). Each is governed by its own set of rules and limitations. And, in this brief article, there is no way possible to summarize the scope and challenges of what needs to be done. However, hopefully the following information will be helpful in pointing… READ MORE
When the Clock Runs: Time limits for criminal cases
Several times a week, I am contacted and asked questions about whether a case can be prosecuted or how long the criminal process take. Time limits are specifically set out in our statutes and court rules. I hope the following information can at least provide you some quick answers. UPON ARREST The person arrested must be brought before the judge… READ MORE
You Just Got Sentenced. Now What? Part 1: The Appeal Process
In Arizona, there are two basic means of challenging your conviction: Appeal and Post Conviction Relief. This article will address the appeal process. And, in this brief article, there is no way possible to summarize the scope and challenges of what needs to be done. However, hopefully the following information will be helpful in pointing you to your next step.… READ MORE
Just When You Thought It Was Over: Collateral Consequences Of Your Criminal Conviction
“My attorney didn’t tell me that I would lose my fingerprint card!” “I didn’t know probation would not let me keep my job or travel.” “I can’t believe probation, won’t let me move back home.” “You mean I lost my license for at least 3 years!” These questions and many others are always troubling when I hear them. For… READ MORE
Long-Term Consequences of a Felony Conviction
Many people convicted of a felony say, “If I do not go to jail, everything is okay.” However, a felony conviction carries consequence beyond prison time. The negative consequences of a felony conviction include those that are intended to be implemented by law. For example, losing the right to vote, no possession of firearms, prohibition of practicing certain trades… READ MORE
Why Criminal Pretrial Procedures Can Be Crucial
Most criminal cases do not go to trial, but are resolved through plea bargains. Criminal pretrial procedures, the events that occur after arrest and before trial, often determine if a case goes to trial and what type of plea bargain the state will offer. The Arrest The first step in criminal pretrial procedures is an arrest or notice that charges have… READ MORE
PROHIBITED POSSESSION: WHAT MAKES GUN OWNERSHIP ILLEGAL
In the last 6 months, I have been contacted and retained on several cases where my clients are facing prosecution for misconduct involving weapons. In the majority of these cases, the misconduct involves my client being prohibited to possess a gun because of their prior felony conviction, or worse, because they are currently on probation, and the court had not… READ MORE
What to Expect at a Felony Jury Trial
If you have been charged with a felony and cannot reach a plea agreement with the district attorney, the next step is a felony jury trial. In Arizona, the defendant has a right to a jury trial. With the agreement of the prosecution, the defendant also has the right to waive a jury and be tried by a judge (a… READ MORE