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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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How Will My Maricopa County Superior Court Case Go?

October 4, 2019 | assault & violent crimes

Being charged with a felony in the Maricopa County Superior Court is incredibly intimidating.  However, a little bit of knowledge can go a long way in reducing the anxiety that accompanies facing a felony simply by virtue of not knowing what is going on. Maricopa County Superior Court Procedure Lower-level felony cases in Maricopa County… read more

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What is an Order of Protection?

September 23, 2019 | assault & violent crimes

Imagine a spurned lover or a soon to be ex-spouse going to Court, telling a judge horrible things that you supposedly did to them and your children, and receiving an order from the Court forbidding you from seeing your children, all without ever having your side of the story heard.  This is exactly what happens… read more

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