The Nolan Law Firm
When a Maricopa County sheriff’s deputy or Mesa police officer pulls over a driver on suspicion of drinking and driving, their goal is to gather as much evidence as possible against the driver to justify an arrest for DUI. Whatever else they might tell you, that is the purpose of everything they order you to…
Read MoreA 28-year-old woman who allegedly drove the wrong way on an Arizona freeway and almost struck a police vehicle on the night of May 12 has been charged with drunk driving and endangerment. Initial media reports do not indicate if she has been released from custody. Toxicology tests performed after the woman’s arrest are said…
Read MoreDriving under the influence of alcohol, or DUI, is a serious charge in the state of Arizona. It is even more serious if the offense is either extreme or aggravated DUI. These are categories that bring heavy penalties including installation of an ignition interlock device that must remain in your vehicle for up to 12…
Read MoreSometimes a defendant will opt for a plea bargain instead of going before a judge for a trial. In a plea bargain, the alleged offender pleads guilty and thus receives a lesser sentence than he or she would have received if convicted at trial. There are several issues with this process, and often a defendant…
Read MoreBeing convicted of a crime is a serious legal matter. It can mean that a Mesa resident will be separated from their family in order to serve a sentence of incarceration or that they may be required to meet other conditions of their sentencing. While some individuals choose to serve their sentences and carry out…
Read MoreWhen a prosecutor in Arizona files criminal charges against a person in the courts of the state, the matter, if it goes to trial, will be heard in the superior court of the jurisdiction where the prosecutor filed the charges. If the matter ends and the non-prevailing party believes that a mistake was made at…
Read MoreThe U.S. Constitution’s “double jeopardy clause” prohibits the prosecution of a defendant twice for the same crime. But, state and federal governments often prosecute a person for the same underlying crime under their own laws. In a case that may greatly impact criminal appeals and prosecutions, the U.S. Supreme Court heard argument earlier this month on whether a person…
Read MoreThe Fifth Amendment protects individuals from being forced to be a witness against themselves. This right, and the rights against unlawful search and seizure, are facing challenges in the digital age. Court cases have complicated the issue of whether the government can force decryption of an electronic device. This can be significant in a criminal appeal because of…
Read MoreA defect in criminal laws and overzealous law enforcement are a combination that can threaten citizen rights. Prosecution and conviction of at least two people with valid medical marijuana cards in Yavapai County show that criminal appeals may be necessary to preserve rights when there are oversights with drafting new laws. According to the Arizona ACLU, the county prosecutor…
Read MoreAn Arizona resident arrested and charged after getting caught with a plastic bag full of $100 bills pleaded guilty in federal court to one count of armed robbery and two counts of bank robbery. In order for there to be a charge of armed robbery, however, a defendant must have used a dangerous weapon to…
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