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Month: August 2019

Affirmative defense vs justification defense

August 26, 2019 | Uncategorized

Arizona law provides for two different types of defenses that can be raised in criminal cases, apart from the State’s failure to prove the case beyond a reasonable doubt. Affirmative Defense The first, and arguably weaker, of the bunch, are the affirmative defenses.  Pursuant to Arizona Revised Statutes § 13-205, a defendant must prove any… read more

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What Is a Dangerous Offense, Anyways?

August 22, 2019 | Uncategorized

Some crimes in Arizona are treated more harshly than others based on their specific facts.  An example of this is a Dangerous Offense.  A Dangerous Offense is defined by Arizona Revised Statutes § 13-105(13) as an offense involving the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or… read more

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What if I was too drunk to know I did something wrong?

August 19, 2019 | Uncategorized

Most people have been in that situation.  They’ve had too much to drink and black out, remembering nothing of the night that they had.  Maybe there are some vague memories, or stories that they hear later from friends, but they do not know what specifically have done. Involuntary Intoxication What if that happens to you,… read more

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Can I Refuse a Sobriety Test?

August 15, 2019 | assault & violent crimes

The state of Arizona operates under the law of implied consent, which means that individuals who are pulled over on suspicion of DUI will be required to take a blood, breath or urine test upon arrest. Assuming that the individual is lawfully arrested by a law enforcement officer who displayed no malicious intent at the… read more

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Should I Bother to Apply for A Set Aside?

August 15, 2019 | Uncategorized

Unlike many other states, Arizona does not have an expungement law on the books.  That means that once you are convicted of a crime, that crime will stay on your record forever.  Fortunately, that’s not the end.  Arizona law provides for those convicted of certain crimes to apply to have their conviction set aside. What… read more

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