Tucson DUI & Criminal Defense Blog

Arizona’s Unique Approach: Police Roadside Blood Draws Suppose you were recently arrested for DUI in Arizona. Chances are police themselves drew your blood, either by consent, warrant, or force. What may be surprising to know is that in Arizona, unlike other states, here the police don’t put on the nitrile gloves, pull out a 21 […]

If you or a loved one suffers from mental illness and has been accused of a crime, you might read this: I’m a criminal defense attorney in Tucson, Arizona. Sadly, over the last year we have seen a sharp uptick in the number of bright and accomplished young people walking into our office for help. […]

We get call like this almost every week: “I think there’s a warrant out for me. What do I do?” Today we’re going to answer that question, and in the process explain bench warrants and, a related matter, known in police lingo as “attempts to locate.” And how to deal with them.

Over the past 25 years, I’ve represented in criminal matters literally dozens of Police Officers, Border Patrol Agents, Corrections Officers, and local Court Officials.
One thing I’ve learned is that these public legal officials when they are confronted by the police  make the same mistake that  most of the rest of us do.

University of Arizona students are all too often cited or arrested for misdemeanor “disorderly conduct.” This blog addresses the charge of ARS § 13-2904 “disorderly conduct” as it relates  University of Arizona students involved in late-night altercations, both minor and substantial. 

In Arizona, if you are under 21 you basically can’t legally drink.   Any amount of alcohol in your system with few exceptions, nearly always  no matter where you are and what you are doing,  is  illegal.  In other words, if you are under 21, and have a sip of beer, it is presumptively an Arizona  crime. ARS § 4-244.41,  I know that sounds crazy but it’s true.  And the local police do charge these cases.

I have seen many cases where a person is being detained prior to arrest in the Field Sobriety Test stage of a DUI investigation where the person asks to speak with an attorney, but the police say “ Not now. You can do that later.” Today we look at Arizona and other caselaw to answer the question: 

Many times when a person is pulled over by the police in his or her automobile, the police will search the vehicle the person was driving without a warrant, and without permission. Today we will talk about warrantless vehicle searches.

Arizona’s new sealing statute is a powerful way for people who have been charged or convicted of many common offenses, to be able to say “no” in many instances. But the statute is riddled with exceptions and limitations. Use care when petitioning, and even if granted, use care when answering applications for certain types of jobs. I hope this helps.

Diversion is a recognized court procedure, common in Arizona, but that is discretionary, and controlled entirely by the prosecutor, but that when offered and completed allows you to have all criminal charges entirely dismissed