Phoenix Criminal Defense Law Blog

Was the search that led to the drug charges against you legal?

Are you facing drug charges stemming from a search of your car, home or other property? More than likely, you wonder about your future. All you want is to resolve the charges in the best manner possible.

To that end, it's important to review all of the evidence prosecutors intend to present to the court. However, what you may not realize holds a great deal of significance to your case is the search itself, not just what police allegedly discovered.

Facing false accusations of domestic violence

State and federal law enforcement take seriously the allegations of domestic abuse, and rightfully so. Too often, the stronger person in a relationship or family uses physical abuse to control the lives of the others, causing pain and often lifelong scars. For this reason, police act quickly, and the courts respond decisively based on the lowest standard of law.

However, what happens when those allegations of abuse are exaggerated or unfounded? Unfortunately, for many who are involved in family law disputes, false claims of domestic abuse can have far-reaching consequences.

Do you have to be driving to be arrested for DUI?

You were fast asleep in your car waiting for the alcoholic beverages you consumed earlier to wear off enough for you to drive home safely. Suddenly, you hear someone knocking on your car's window. When you open your eyes, you find a flashlight shining in your eyes and a police officer asking you to step out of the vehicle.

The officer probably begins questioning you regarding why you are asleep in your car and whether you drank alcohol that evening. He or she then asks you to participate in field sobriety tests and a breath test. The next thing you know, you are on your way to jail on suspicion of DUI.

Are you at risk of an aggravated DUI charge?

Many people enjoy going out with friends to have a few drinks while catching up or to unwind after a long day at work. Though this activity is fairly common, individuals should still remember not to let themselves consume too much or to call someone to drive in the event that they do drink too much. However, some people may believe that they are still fine to get behind the wheel.

Even if you do not feel intoxicated, you could still end up stopped by police if your driving causes any concerns. In such a situation, an officer could place you under arrest for driving under the influence. If certain factors apply to the incident, you could face a more serious charge for aggravated DUI.

Driving while high could bring seriously high penalties

In Arizona, drunk drivers can face serious penalties if convicted of operating a vehicle while under the influence of alcohol. Penalties can range from time in jail to fines to loss of driving privileges. Many fail to consider that in the eyes of the law, drugged driving is just as serious as drunk driving, and drivers caught operating a vehicle while under the influence of marijuana could face very steep penalties.

Driving while high is a crime, no matter what, and if you are facing these charges, you would be wise to fight back with the assistance of an experienced defense attorney. There is much at stake, but with help, you may be able to seek and obtain a beneficial outcome to your situation. You would be wise to remember that a charge for drugged driving is not the same as a conviction.

Arizona marijuana laws are very strict

If you're visiting Arizona or live here full time but often visit a neighboring state, you could land in a heap of trouble if you use marijuana, grow it, sell it or buy it and you aren't familiar with current marijuana laws. In fact, this state is known for having some of the most stringent marijuana laws in the nation. Proposition 205 was put to a vote last year, but did not pass, which means any hopes you may have had of legally using marijuana for pleasure were dashed.

Certain people, perhaps including you, may be card-carrying medical marijuana users in Arizona. Even then, strict rules apply as to how much of the drug you may possess, grow or use at a given time.

Enforcement Of Out-of-State Protection Orders In Arizona

It is not unusual to want to start over in a new state after a divorce or breakup with the parent of your child or children. It is difficult enough to deal with custody and other familial issues when you move, but it is even more difficult if you also have an order of protection against an abusive ex-partner or spouse. If you are moving or have moved to Arizona and you have an order of protection, contact an experienced family law attorney to ensure that your order is valid.

Three types of highly addictive prescription medications

If your doctor has suggested that you take a prescription medication, you may want to take the time to ask about the drug's side effects. In particular, you may also really want to learn about how addictive the medication may be. While the original reason for taking a drug may be legitimate, some medications can create addictions that make it difficult for people to stop using the drug. This can initiate a very negative cycle in a person's life.

According to Healthline, medications often given to people with attention deficit hyperactivity disorder may become abused because of their ability to help them stay awake and feel more alert. Ritalin and Adderall are two commonly known and used stimulants that have addictive qualities.

What is first degree murder?

Like many Arizona residents, you may be aware that a charge for a criminal offense may be identified by different degrees such a first degree, second degree or third degree. When it comes to a charge of murder, do you really understand what first degree murder means or what acts might result in a person being accused of this level of crime? If you or someone you know is accused of first degree murder, it can be important to know this.

As explained by the Arizona legislature, first degree murder is a class 1 felony. Anyone convicted of this crime may be sentenced to life in prison or to death. In addition to taking premeditated actions that would knowingly or intentionally cause the death of another person, other factors can contribute to this charge. A defendant might be accused of first degree murder if a person dies during the course of other alleged actions. These include certain drug crimes, sexual assault, arson, burglary, robbery and more.

Preparing for more DUI enforcement

As the summer season has gotten into full swing now, Arizona residents everywhere may be eagerly looking forward to the quintessential summer holiday, the Fourth of July. Whether plans involve staying local or hitting the road to a favorite lake or even another state, enjoying a beer, cocktail or glass of wine is a normal part of a holiday celebration. While this is indeed a standard practice and by no means indicates that a person has an alcohol problem, it may well open the door to legal problems if stopped by an officer when driving after consuming that beverage.

The Arizona Department of Public Safety has made it be known that all across the state, enforcement of suspected driving under the influence will ramp up during the Fourth of July holiday. Because the actual holiday is on a Tuesday this year, that means the celebrations and associated enforcement can be expected to step up by the prior Saturday. Areas have been targeted based in part upon accident data from the same holiday period two years ago.