01|2023
A common question people ask is what is a conviction set-aside? A set-aside changes the labeling of the conviction from “guilt” to “set-aside”. Also, it takes away certain negative consequences a “guilty” label carries. Indeed, A.R.S. 13-905 allows most misdemeanor and felony convictions to be set-aside. However, certain crimes may not be set-aside. Specifically, dangerous… 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 »
05|2022
Contrary to public thought, there is no constitutional mandate that an entire case be dismissed if law enforcement does not read a person the Miranda rights.
