In the United States, the standard of proof required to prevail in legal actions varies depending on the type of case. Criminal cases are held to the highest standard: proof beyond a reasonable doubt. This means that the prosecution must prove the defendant’s guilt to such a degree that there is no reasonable doubt in […] The post Defining “Beyond a Reasonable Doubt” to Jurors in a Criminal Trial appeared first on Arizona DUI & Criminal Defense Attorney Blog ..read more

Violent crimes can be tricky to litigate and to defend in court. One source of recent conversation in the Arizona criminal legal sphere has been the crime of aggravated assault, and whether hurting multiple people through one assault counts as multiple crimes or only one crime. The answer to this question matters because, in general, […] The post One Shot, Multiple Victims: How Many Convictions? appeared first on Arizona DUI & Criminal Defense Attorney Blog ..read more

If a police officer initiates a traffic stop for an alleged traffic violation in Arizona, the stop opens the door for the officer to find evidence of other possible criminal activity. In a recent case before an Arizona court, the defendant appealed his conviction for weapons misconduct, arguing that the officers that pulled him over […] The post Failure to Drive with License Plate Light as Grounds for Traffic Stops in Arizona appeared first on Arizona DUI & Criminal Defense Attorney Blog ..read more

Sometimes, appeals courts are called upon to determine if a trial court made a “fundamental, prejudicial error” during trial. In certain circumstances, when the higher court finds that the lower court made this kind of critical error, the higher court will vacate the defendant’s guilty conviction. It is crucial, then, to understand what “prejudicial error” […] The post Determining if Evidence is “Prejudicial” in Arizona Court appeared first on Arizona DUI & Criminal Defense Attorney Blog ..read more

Have you been stopped by a police officer and charged with a DUI? Are you looking to contest the test results that the State wants to use against you? In Arizona, there are several options for challenging DUI test results; depending on your set of circumstances, each strategy has a different likelihood of success. To […] The post How to Challenge DUI Test Results in Arizona: Breath, Blood, and Field Sobriety Tests appeared first on Arizona DUI & Criminal Defense Attorney Blog ..read more

Recently, a defendant in Arizona was found guilty of six counts of first-degree murder. He appealed his convictions, arguing in part that one of the jurors in his trial had external knowledge of a previous crime that he had committed. According to the defendant on appeal, this knowledge prejudiced the juror against him, and the […] The post Requesting a Mistrial Under Rule 24.1 in Arizona appeared first on Arizona DUI & Criminal Defense Attorney Blog ..read more

In the U.S. generally and in Arizona specifically, every defendant has the right to be free from prosecution for the same offense multiple times. Sometimes, it is easy for a court to determine when a case violates this right. Other times, it is not so straightforward. In a recent case before the Arizona Supreme Court, […] The post Determining Whether Multiple Days of Criminal Conduct is “Continuous” for Purposes of Double Jeopardy appeared first on Arizona DUI & Criminal Defense Attorney Blog ..read more

What happens when a jury has to consider inconsistent evidence during trial? Generally, it is up to the jury to determine which evidence is believable and which evidence is not. In a June 2024 case before the Arizona Court of Appeals, Division One, the higher court determined that even though there were inconsistencies in the trial court record, the inconsistencies were not enough to reverse a defendant’s conviction and resulting sentence for aggravated assault. Inconsistencies in Question The trial for this case related to an aggravated assault that happened at an outdoor birthday party. Two ..read more

In general, when an officer puts a suspect under custodial interrogation, the officer must give the suspect Miranda warnings. That is, the officer is required by law to tell the suspect that he has the right to remain silent and the right to an attorney. In some limited exceptions, though, these warnings are not necessary. A recent case out of the Arizona Court of Appeals, Division One, highlights such an exception. In this case, an officer stopped the defendant on an unrelated charge. He removed one firearm from the defendant’s car. Before the defendant left, the officer learned that the defe ..read more

In a recent case coming out of an Arizona court, the defendant and the government agreed that the trial court should have granted the defendant certain rights that it unrightfully denied her. Both the defendant and the government indicated this error in their filings, and the appellate court reviewed the record to see if it, too, agreed that the trial court should have granted the defendant several rights that it denied her. The court ultimately granted the defendant’s request, giving her the right to own a firearm. Overall, this case serves as a reminder that having thorough counsel for a cri ..read more