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TL;DR Police must obtain a search warrant before using GPS devices to surreptitiously track a vehicle Passengers traveling with a vehicle owner have a legally recognized reasonable expectation of privacy GPS monitoring is considered a search because it is qualitatively more intrusive than visual surveillance Arizona courts may still uphold convictions if police relied…

  At Arizona Law Group, we frequently handle cases involving disputed paternity. Whether a judge can deny a paternity test depends on whether legal paternity has already been established. When Legal Paternity Has Not Been Established If a father is not listed on the birth certificate and legal paternity has not been established, courts…

  At Arizona Law Group, one of the most common concerns we hear is whether Arizona courts favor mothers or fathers in custody cases. While this stigma is widespread, it is not supported by Arizona law. Custody decisions are not based on gender, income, or traditional family roles. Courts focus on the child’s best…

  At Arizona Law Group, we regularly speak with parents who are worried that something they have done, or failed to do, may hurt their child custody case. Many parents want a simple list of behaviors or statements they can review in order to prevent looking bad in court. However, Arizona custody cases do…

Domestic Violence Resources in Arizona In 2013, the Phoenix Police Department reported receiving 50,000 domestic violence calls. However, an estimated additional 40,000 incidents of domestic violence go unreported each year. Nationally, our state ranks fourth for the rate of female domestic violence homicides. Source: Sojourner Center.org which also assists victims of domestic violence in…

If your name is not on your child’s birth certificate, Arizona law provides a procedure to add it. Depending on the mother’s marital status and whether the parents agree on paternity, the process can be simple, or it can be more complex. If you are interested in learning how to establish your paternity or…

You may have heard the term “covenant marriage” in Arizona, which is a type of marriage created by our State Legislature. If you are considering getting married in Arizona, a covenant marriage is an option you may want to consider. However, there are some necessary steps that must be taken for a covenant marriage….

Arizona does not have a separate set of rules for military divorces, but there are additional guidelines that must be followed when one spouse is deployed or lives in a different city. Military couples can still get a divorce while one person is serving elsewhere, but the process may be significantly delayed. Because of…

Driver’s consent to blood testing upon DUI arrest was voluntary. Police advised driver of Arizona implied consent law. Looking at the totality of the circumstances, the driver’s consent was neither coerced nor given under duress. The trial court did not err in denying defendant’s motion to suppress the blood test results. Affirmed. Arizona v….

Crime exception to Arizona anti-marital fact privilege allowed husband to testify in Phoenix Municipal Court as a witness against his wife about her DUI crime arising from the same unitary event as her domestic violence crime against him. Phoenix City Prosecutor v. Hon. Lowery/Claudette Craig (real party in interest) DUI Committed in Same Unitary…

Share in the discussion with an experienced gun crime attorney. Learn about potential defenses in Arizona law to charges of robbery, grand theft, larceny, shoplifting, and theft crimes generally. Arizona armed robbery held not a violent felony for purposes of the Armed Career Criminal Act, a federal statute imposing minimum mandatory sentencing for repeat…

Mandatory probation in Arizona sentencing is for people convicted of non-violent drug crimes, so long as they do not have three prior narcotics convictions for personal possession. If three strikes, then no probation. Prior conviction for solicitation to sell narcotics did not disqualify defendant for mandatory probation. Nor was it a personal possession conviction…

Arizona’s reckless and aggressive driving law and DUI law just got tougher for anyone driving the wrong way on a controlled access highway (to learn more about this new legislation, contact a DUI criminal defense attorney with Arizona Law Group). Governor Doug Ducey signed HB 2243 into law on March 27, 2018, making it…

Defendant appealed her aggravated DUI convictions arguing the trial court erred in not suppressing blood-alcohol test results because police obtained the blood sample without valid consent or warrant. Affirmed. Although the blood sample was unlawfully obtained, the BAC test evidence was admissible proof of guilt under the good-faith exception to the exclusionary rule of…

In this appeal from two felony convictions of promoting prison contraband, defendant knowingly possessed a cellphone in the jail or prison facility, but claimed he did not know it was contraband. After harmonizing five statutes, the Arizona Supreme Court held the State must only prove the defendant “knowingly” possessed a cellphone. The prosecution need…

Arizona Supreme Court affirmed felony domestic violence conviction. Trial court did not abuse its discretion in allowing “cold” expert witness testimony on why domestic violence victims often stay in abusive relationships. Expert testimony was not impermissible offender profiling. Arizona v. Mark Haskie, Jr. Felony Domestic Violence in Arizona Law The defendant was convicted of…

In Arson case, evidence of a previous fire was admitted to show a common plan or scheme in the burning of an occupied structure which was defendant’s house. Evidence from an anonymous informant was also admitted. Defendant was convicted of arson, a class 2 dangerous felony, and attempted fraudulent schemes and artifices, a class…

ASU student with medical marijuana card convicted of drug possession on campus despite having amount allowed by Arizona Medical Marijuana Act (AMMA). Reversed on appeal. AMMA amendment was unconstitutional to extent it violated the Voter Protection Act. Arizona v. Andre Lee Juwaun Maestas Arizona Legislation Prohibited Medical Marijuana on Public College and University Campuses…

Prior convictions are an element of the crime of felony shoplifting in Arizona law; shoplifting priors are not sentencing enhancements therefore bifurcating the trial was not required. Arizona v. Lara Bifurcated Trials and Prejudicial Impact of Prior Convictions on Juries Lara was convicted of felony shoplifting after stealing merchandise from a Walmart store. Because…

In this Arizona criminal case, defendant was convicted of aggravated DUI. He appealed his conviction, arguing the trial court erred in denying his motion to suppress breathalyzer test results because he was denied the right to counsel; and that the trial court improperly instructed the jury. His conviction was affirmed by the Arizona Court…