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FALSE CONFESSIONS: Don’t Speak to Police

What You Should Know About False Confessions Why were you speaking with the police in the first place? You rarely (I mean winning the lottery rare) will convince an officer of your innocence. If you ask any attorney, the first things they say are “DON’T TALK TO POLICE” and “DON’T CONSENT TO A SEARCH.” Yet

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Suppressing Evidence from the Illegal Search of a Home

Illegal Home Search & Suppresion of Evidence 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

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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

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Expert Witnesses for the Prosecution are Not Invincible

November 9, 2023

Arizona Criminal Law & Expert Witnesses The state can use several types of evidence against a defendant in a criminal trial, including expert witnesses. Expert witnesses often have an air of invincibility. People who are charged with a crime and face an expert witness at trial may feel intimidated. Moreover, some jurors think, “Well, he

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Proving Rape Sexual Assault

What the Prosecution Must Prove in a Rape 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

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