Arizona Criminal Laws

Trial Cooperation

If witnesses refuse to cooperate with the police, will the case be dismissed? That’s a good question. I’d say it’s an urban legend that if a witness doesn’t want to prosecute, or doesn’t want to testify in a trial setting, then that case is going to be dismissed and we hear that at AM Law from clients in not just domestic violence cases, but cases in general.

We try to educate our clients based on our experience as prosecutors having had those difficulties in getting witnesses to trial, or getting witnesses to the interview prior to a trial. If you’re counting on that as your 100% sure fire way to get your case handled, then your most likely going to be disappointed with the result. We talk about the experience we had as prosecutors, because the power of the state is significant.

Court Subpoena

They can subpoena and compel witnesses to appear in court and that can be as aggressive as going out and arresting the individual that has said that they don’t want to come and testify or that they don’t want to prosecute the case and bring them before the court to testify more or less against their will. So, we try to explain to our clients that we want to build a defense that isn’t dependent on luck, or circumstances that are outside of our control.

Allen & Meyerand

We want to do what we can control here within these four walls. That involves using our experience to talk with prosecutors about potential results that would be beneficial for both parties and we see in domestic violence a lot of times that it is beneficial to have a counseling, or an anger management, or even a familial type of counseling resolution in lieu of having a conviction. That, often times, is enough for the behavior to not be repeated. And then obviously if the behavior is repeated, then there are more serious consequences down the line for those types of offenders.

By: Jared Allen

The legal limit to drive in Arizona without facing a DUI charge, as far as blood alcohol content, is a .08 or below. Then you’re within the legal limits if you’re a .08 or below. Above a .08, you’d be considered driving under the influence or DUI, but even if you’re under a .08 and within that safe range, you can still face a DUI charge if somehow alcohol or other drugs impaired your ability to drive in the slightest degree. So, if you’re involved in an accident after having a couple drinks, you can still be charged with DUI, even if your blood alcohol content is within that legal limit of .08. If you or a loved one have been charged with DUI, please give me a call at (480) 994-8824 or email me.

By: Attorney Max Hanson

If you are convicted of assault, a criminal misdemeanor in Arizona, you could be facing up to 6 months in jail, you could be facing fines totaling over $2500, especially if we consider all of the assessments, jail cost, mandatory fees owing to the court. Plus, you could be responsible for restitution to the victim for any out of pocket costs, medical expenses or otherwise that resulted from the assault and you can face significant restrictions upon your future employment. If you’re a teacher, if you’re a doctor, a realtor, someone with professional certification and licensing, that licensing could be effected by the nature of your conviction for assault. If you or a loved one have been charged with assault, you need to call an attorney today. Feel free to call me at (480) 994-8824 or contact me by email.

If you’ve been convicted of assault in Arizona, visit a profile and complete a contact form.

By: Attorney Max Hanson

Whether you go to jail or face a prison term for a possession of drugs charge really depends on three different questions. One, what type of drug are we talking about? Are we talking about marijuana, are we talking about methamphetamine, are we talking about prescription medications? Two, how much of the drug are we talking about? How much have they alleged that you possessed at the time of your arrest? If we’re talking about a small amount, as opposed to a large amount, that’s going to have an impact on whether probation is available or how long a jail or prison term that you may face. The third question we need to find out is, was there any indications or anything that pointed toward you having an intent to sell the drug? Did they recover scales, did they recover grinders, did they recover the drugs from you in individual pre-packaged amounts, which would all indicate that you had these drugs for the purpose of selling them. Obviously, if you had the drugs for sale, you face larger penalties and more significant penalties than you would if it was just a simple possession. Until we answer all three of these questions, the penalties could range anywhere from probation or even having the charges dismissed after a diversion program for a simple possession of marijuana charge, to ten years in prison for selling methamphetamine. If you or a loved one is facing a drug possession charge, whether it’s simple possession or a possession for sale, feel free to give me a call at (480) 994-8824 or email me.

If you’ve received a possession charge in Arizona, contact a criminal defense attorney in your area.

By: Attorney Max Hanson

Solomon Kanu – Criminal Defense

We handle mostly DUI cases, misdemeanors, and some classes three, four, and six felonies. I started doing criminal defense; more because I found a lot of my immigration clients get into trouble without knowing what they were doing. The stakes are very, very high for an immigrant to be involved in any criminal violation in Arizona. Little offenses, DUIs that trigger one day jail in Arizona will render the person removable the moment the come out from jail. Immigration will take a hold of them. They will be subject to deport them. They have to be advised of how to live in United States; because it’s a different country for them and different set of rules.

Advantages of Criminal Law Practice

With that said, what in your view is the most rewarding thing about practicing criminal law. For me personally and I think for our firm, anytime you can get a client the result they want and for every case that’s going to be different. For some clients that means an acquittal after trial, for other clients it simply means the best deal they can get given their circumstances. But, when you get to that point in a case where you’ve been able to accomplish what the client wants and the client is not only happy with the result, but their relieved, their thankful, that as a criminal defense attorney is the most rewarding aspect, is knowing you’ve been able to walk hand in hand with someone through a process that is for many of our clients, something they’re experiencing for the first time and something that may be the most difficult thing they’ve ever faced. And to come through it on the other side with an outcome that they wanted, there is nothing more rewarding in the practice of law at all.

And speaking of cases, what kind of cases do you handle? At our firm, we handle a full range of criminal defense cases. Everything from speeding tickets all the way up to some of the most serious offenses you hear about on the news and everything in between. One of the areas we specialize in is DUI defense, but we also cover many other types of misdemeanors, such domestic violence offenses, violent crimes, drug offenses and all manner of felony offenses. So, we pride ourselves in being a full service criminal defense firm that can handle any type of criminal defense case that any of our clients might be facing.

By: Steven Meyerand

DUI Litigation Expertise

Steve, at AM Law, what is your experience in handling DUI cases? DUI cases are some of the most common cases that come up in the world of criminal defense. For me personally, while I was a prosecutor I handled hundreds of misdemeanor DUIs as a trial attorney and I finished my career at the Maricopa County attorneys office as a member of their vehicular crimes bureau, where my practice was dedicated solely to cases involving DUIs, or manslaughters, or homicides that involved an impaired driver. So, for me personally, I’ve handled thousands of cases involving DUIs and have focused my training and my practice as a prosecutor in handling those types of cases.

By: Steven Meyerand

Whether or not that you’ll be eligible for probation for a drug offense is going to be dependent on three factors. The type of drugs involved, the amount of drugs involved, and also whether there were any indicators that you had intent to sell the drugs involved. When were dealing with smaller amounts and certain drugs, such as marijuana, you may have a statutory right to probation for a first offense. If we’re dealing with a drug, such as methamphetamine, you’re likely going to be facing a jail term and not be eligible for probation, depending on the circumstances of the offense. Anytime that there’s an indication that there’s an intent to sell, you will not be eligible for probation for that type of offense. That’s why it’s important to have a strong, experienced attorney that has handled these types of cases. If you or a loved one have been charged with a drug offense and you have these questions, feel free to give me a call at (480) 994-8824 or email me.

To find out if you’re eligible for probation on a drug charge in Arizona, please contact an Arizona criminal attorney.

By: Attorney Max Hanson

Domestic Violence in Phoenix

What are some consequences for a person convicted of a domestic violence offense? Well, that’s a good question as well. At AM law, we found that some of the consequences that our clients have been facing, aside from just the conviction in itself, which can make life very difficult when you’re talking about applying for a job, even applying for loans and credit, that type of thing can come up and be a hindrance to people.

Right to Bear Arms

Specifically with domestic violence, the right to bear arms, to own a firearm or some type of weapon after having been convicted of that offense is going to be restricted. You’re not going to be able to do that and that’s obviously a concern for individuals who are concerned about their own safety in their homes and the defense of themself and their family members, if they were someone that felt a firearm was one of the ways they felt protected.

Monetary Consequences

So, that can be one of the more significant consequences for an individual in a domestic violence situation. And again, the consequences of being incarcerated, whether it be in jail or prison, depending on the level of offense are obviously very serious and there’s monetary consequences as well. Typically, domestic violence offenses come with mandatory fines; sometimes the cost of probation can be a burden for individuals.

So, these are all the things that when we are trying to negotiate a resolution in a domestic violence offense we’re trying to be considerate and conscious of those potential issues for our clients before entering into a resolution.

By: Jared Allen