WORDS MATTER: Common Terms in Criminal Law

In my other life, I have been a sports official in multiple sports for more than 30 years. I am always amazed at fans, commentators, players and coaches that misuse words. A couple of common examples are “foul tip back to the screen” in baseball or “over the back” in a basketball game.  There is [...]

By | 2017-09-27T15:15:14+00:00 September 27th, 2017|Criminal Investigations, Criminal Procedure, Criminal Sentencing|Comments Off on WORDS MATTER: Common Terms in Criminal Law

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 [...]

By | 2017-05-04T20:16:50+00:00 May 4th, 2017|Criminal Investigations|Comments Off on When the Clock Runs: Time limits for criminal cases

Do’s and Don’ts When Police Are At the Door

  With police at the door, knowledge of your legal rights and good judgment can help you through the situation. The first rule is to listen. The police may be looking for information that has nothing to do with you or the police may be warning the neighborhood concerning a threat in the area. Some [...]

By | 2016-10-28T13:45:31+00:00 October 28th, 2016|Criminal Investigations, Legal Advice|Comments Off on Do’s and Don’ts When Police Are At the Door

Handling Police Encounters – Knowledge Calm = Success

You're driving along and suddenly, red flashing lights appear in your rear-view mirror your heart skips a beat; you’re out in public and the police approach and want to ask you some questions, your pulse rate goes haywire and you panic; or you’re at home and the police knock on your door your heart races, [...]

By | 2016-08-29T13:39:32+00:00 August 29th, 2016|Criminal Investigations, Legal Advice|Comments Off on Handling Police Encounters – Knowledge Calm = Success

What the Prosecution Must Prove in a Rape (Sexual Assault) Case

  Arizona law, which formerly classified the crime of rape into first degree rape and second degree rape, now uses different nomenclature. The conduct previously labeled as “rape” is now called “sexual assault.” However, even with the name change, the crime remains a serious felony, and if convicted, punishment can be severe. Pursuant to Arizona [...]

By | 2016-08-16T13:10:49+00:00 August 16th, 2016|Criminal Investigations, Criminal Procedure|Comments Off on What the Prosecution Must Prove in a Rape (Sexual Assault) Case

Factors to consider when accepting a plea bargain in Arizona

WHEN TO ACCEPT A PLEA BARGAIN IN ARIZONA Although the Sixth Amendment to the United States Constitution guarantees all criminal defendants the right to a trial by jury, a very small percentage of criminal cases ever make it that far. Rule 17.4 of the Arizona Rules of Criminal Procedure provides that the parties in a [...]

By | 2016-07-08T13:17:29+00:00 July 8th, 2016|Criminal Investigations, Criminal Procedure, Legal Advice|Comments Off on Factors to consider when accepting a plea bargain in Arizona

Suppressing Evidence from an Illegal Search of a Vehicle or Person

Suppressing Evidence from an Illegal Search of a Vehicle or Person In a previous blog posting entitled Suppressing Evidence from the Illegal Search of a Home, I discussed how the Fourth Amendment to the U.S. Constitution protects homes against unreasonable searches and seizures by requiring the government to obtain a search warrant before conducting the [...]

By | 2016-06-27T17:48:24+00:00 June 27th, 2016|Criminal Investigations|Comments Off on Suppressing Evidence from an Illegal Search of a Vehicle or Person

Suppressing Evidence from the Illegal Search of a Home

Suppressing evidence during an illegal search of a home is a high possibility, which means it cannot be used against a criminal defendant in court.  Many people are familiar with the saying that “a man’s home is his castle.” This expression perfectly encapsulates the fundamental belief by Americans that the government should not be permitted [...]

By | 2016-06-16T19:35:16+00:00 June 16th, 2016|Criminal Investigations, Criminal Procedure|Comments Off on Suppressing Evidence from the Illegal Search of a Home

What the Prosecution Must Prove in an Aggravated Assault Case

Arizona law classifies assault as either misdemeanor assault or felony aggravated assault. Aggravated assault covers a very broad range of conduct, constituting class 2, 3, 4, 5, and 6 felonies. While all charges of aggravated assault are serious felonies, the elements the State must prove in a prosecution for aggravated assault vary, depending on the [...]

By | 2016-05-23T23:07:48+00:00 May 23rd, 2016|Criminal Investigations, Criminal Sentencing|Comments Off on What the Prosecution Must Prove in an Aggravated Assault Case

How Can I Possibly Defend Those People?

In law school, I would like to believe we have all had our “Paper Chase” moment (hope I am not dating myself... If I am, rent the movie or watch the TV show on Netflix) where Professor Kingsfield pulls his seating chart, finds your picture, and calls your name to address the question of the [...]

By | 2016-03-21T20:14:55+00:00 March 21st, 2016|Criminal Investigations, Criminal Procedure|Comments Off on How Can I Possibly Defend Those People?