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Month: October 2019

What happens when you are arrested?

October 28, 2019 | Defense Strategies

What happens once you have been arrested? How long can the police keep you in custody?  When will I be released? These are common questions that come up regularly.  It is understandably frightening to be arrested and not know what’s ahead. Fortunately, the Arizona Rules of Criminal Procedure provide a timeline which all police officers… read more

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What makes an assault, aggravated?

October 26, 2019 | assault & violent crimes

How do you get charged with an aggravated assault? Almost nothing in criminal law sounds worse than an assault.  The word suggests an attack on another’s safety and wellbeing that has potentially left them incredibly hurt.  But that is just not the case in Arizona.  Arizona law treats “simple” Assaults as misdemeanors. Breakdown of “Assault”… read more

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Mental State and Criminal Law

October 22, 2019 | Defense Strategies

In order to commit a crime, with one important exception, there must be both a culpable act (called an actus reus), and a culpable mental state (called a mens rea).  But what exactly does a mental state mean in the context of crimes? Arizona recognizes four different mental states: Intentionally Knowingly Recklessly Negligently Intentionally Committing… read more

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What are Miranda Rights?

October 18, 2019 | assault & violent crimes

Miranda Rights Explained Everyone has watched a police procedural and heard the following after the metal clink of handcuffs closing: You have the right to remain silent.  Everything you say can and will be used against you in a court of law.  You have the right to an attorney.  If you cannot afford one, one… read more

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Open Container Laws in Arizona

October 11, 2019 | assault & violent crimes

Driving with an open container in your car in Arizona is a big deal.  If you’re convicted of violating the open container law, Arizona Revised Statutes § 4-251, then you will have a Class 2 Misdemeanor on your record.  This is a serious offense, which can carry up to 4 months in jail, a fine… read more

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