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Arizona Armed Robbery Not a Violent Felony Under Armed Career Criminal Act
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…
Solicitation to Sell Drugs Not a Strike Against Mandatory Probation
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 DUI Law Just Got Tougher, Wrong Way DUI
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…
Police Must Obtain a Warrant to GPS Track a Vehicle Surreptitiously
For police to surreptitiously track a motor vehicle using GPS technology requires a warrant; and a passenger traveling with the vehicle-owner has a reasonable expectation of privacy under the Fourth Amendment to the U.S. Constitution. Arizona v. Emilio Jean The defendant, Emilio Jean, was a passenger in the tractor-trailer stopped by police. Defendant was…
Unlawfully Obtained DUI Blood Sample Admissible as Evidence When Police Acted in Good Faith
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…
Knowingly Possessing Cellphone Was Arizona Felony Promoting Prison Contraband
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 Cold Expert Witness on Domestic Violence Not Impermissible Offender Profiling
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…
Felony Fraudulent Schemes and Arson of Defendant’s Arizona Home
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…
Public Colleges and Universities Can Prohibit Medical Marijuana But Statute Modifying AMMA Unconstitutional
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 Felony Shoplifting in Arizona Law
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…
Breath Tests Taken Before Defendant Contacted Counsel in Aggravated DUI
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…
Arizona Medical Marijuana Card Affirmative Defense to Drug DUI
Defendants were medical marijuana cardholders convicted of drug DUI for operating a motor vehicle while under the influence of marijuana or its metabolite. Were defendants immune from drug DUI prosecution under the Arizona Medical Marijuana Act? Conviction affirmed on appeal. To learn more, read our discussion about drug DUI in Arizona law and how…
Marijuana Admission for TASC Drug Treatment Program Was Evidence at Criminal Trial
In this marijuana possession case, the statement made by defendant in order to participate in Maricopa County’s Treatment Assessment Screening Center (TASC) deferred prosecution program was admission of guilt used against him at trial; and was not barred by Ariz. Rule of Evidence 410(a)(4) which applies to plea negotiations. State of Arizona and Dustin…
ARS 13-2923 Arizona’s Stalking Law
Generally stalking can be defined as actions or conduct directed at a specific person that would cause a reasonable individual to experience varying degrees of fear. In a recently conducted study by The U.S. Department of Justice, stalking victims were classified if they responded to any of the following behaviors: Receiving multiple unsolicited texts…
Arizona Medical Blood Draw Exception to Warrant Requirement in DUI Case
In a DUI case, Arizona’s highest court clarified application of the medical blood draw exception to the warrant requirement where an injured DUI suspect resisted medical treatment at the scene of the vehicular accident, but was restrained and sedated with blood drawn at the hospital at which time police requested a portion of the…
Court Erred in Precluding Evidence of DUI Defendant’s Medical Marijuana Card
Defendant charged with marijuana DUI asserted a medical marijuana affirmative defense in the jury trial, but was erroneously precluded from submitting the medical marijuana card as evidence of his authorized use. The defendant was stopped by police and charged with driving under the influence (DUI). The arresting officer testified that the driver drifted into…

Domestic Violence Basis for Modifying Rule 69 Agreement on Arizona Custody
Rule 69 agreement for joint legal decision-making and parenting time was approved and adopted by the court in this Arizona divorce. Once adopted, Rule 69 agreements are binding and must be included in the final decree. Specific findings of substantial domestic violence acts occurring after the agreement was adopted but before the decree is…

Mother’s Petition for Child Custody Modification Resulted in Award of Sole Legal Decision-Making to Father
Mother filed her petition to modify child custody in Arizona compliant with the state’s law. Father did not file a petition for modification, but motioned for temporary orders requesting he be awarded sole legal custody. The court granted father’s motion for sole legal decision-making. Affirmed on appeal, the mother’s interpretation of Arizona custody modification…

Tips for Parenting During the Pandemic
At what stage is your divorce? Whether you’re under temporary custody orders, an informal arrangement, seeking modified custody, or have been co-parenting for years, COVID-19 has probably thrown you for a loop. Have faith, fear not. We know from experience that parents are amazingly resourceful and kids are phenomenally resilient. You can do this….
NEW Arizona COVID-19 Parenting Time Guidelines
The Superior Court in Maricopa County has issued new Family Court Guidelines for Parenting Time of Children During the COVID-19 Pandemic. These new guidelines comply with Governor Ducey’s Executive Order 2020-18 (Stay Home, Stay Healthy, Stay Connected), CDC recommendations, and applicable family law. If you have a parenting plan or parenting time order, then…