08|2022
A misdemeanor initial appearance is the first hearing for a misdemeanor prosecution in Arizona. This hearing is also know as a misdemeanor arraignment. At this hearing, the judge will confirm identity information, explain the charges, a person’s rights, potential penalties and ask for a plea of guilty or not guilty. Arizona Rules of Criminal Procedure… Read more »
08|2022
Misdemeanor consequences in Arizona carry up to six months jail and a fine not to exceed $2500. Arizona’s limited jurisdiction courts (local municipal and county justice courts) handle misdemeanor prosecutions. A misdemeanor is one of three categories of Arizona crimes. Specifically, the categories are: Felonies Misdemeanors Petty Offenses Arizona Class 1 through 3 Misdemeanor Consequences… Read more »
08|2022
A common DUI question asked is whether blood draws are legal in Arizona. The answer to that question is “Yes.” Law enforcement may choose to administer a breath, blood and/or urine test if probable cause exists. Blood Draws are Legal If Supported by Probable Cause The Fourth Amendment to the United States Constitution prevents the government… Read more »
08|2022
DUI Impairment to the Slightest Degree per A.R.S. §28-1381(A)(1) is a Class 1 Misdemeanor in Arizona. This offense requires the State to prove impairment, and is the only DUI theory requiring such. In other theories, the State must merely prove a blood alcohol content (“BAC”) above .08% or that a drug is present. In a… Read more »
08|2022
A “Super Extreme” DUI in Arizona is a Class 1 Misdemeanor per A.R.S. §28-1382(A)(2). To convict, the State must prove a person’s blood alcohol content is above a .20% within two hours of driving or being in actual physical control of a motor vehicle. Indeed, a conviction for a “Super Extreme” DUI carries liberty consequences… Read more »
07|2022
An Extreme DUI is a Class 1 Misdemeanor in Arizona. For a conviction, A.R.S. §28-1382(A)(1) requires the State to prove a person drove or was in actual physical control of a motor vehicle. And, the person’s blood alcohol content is above a .15%, but below a .20% within 2 hours of driving or being in… Read more »
07|2022
A Domestic Violence offense is based on the relationship between the defendant and victim. The reasons for the designation do not depend on the seriousness of the offense. Indeed, people often ask why a charge is “by domestic violence” when there was no violence. But, domestic violence itself is not a crime. Rather, it is… Read more »
07|2022
You got a DUI. What now? Should you hire a DUI lawyer? Jeremy Huss, an experienced Criminal Defense Attorney in Arizona has some guidance for you. Reasons one Should Hire a DUI Attorney Despite the hefty mandatory court fines flowing from a DUI conviction, retaining an experienced attorney competent in DUI investigations is always in… Read more »
07|2022
It is common knowledge Arizona carries some of the harshest DUI penalties in America. Specifically, this includes the state criminal prosecution as well as driver’s license ramifications. It would stand to reason that Arizona requires jail time for even a first-time DUI offense. Mandatory 24-hour Jail Time The Arizona legislature fortunately revised the law in… Read more »
05|2022
A voluntary confession occurs when a suspect makes a non-coerced admission. In other words, the statement is not a product of a coercive police environment. Indeed, criminal confessions are presumptively involuntary. A criminal defendant has the burden of raising a voluntariness issue to the Court. This is the “burden of persuasion”. The State has the… Read more »
