IF THERE’S A WAY OUT,
WE’LL FIND IT.

criminal appeals

Behaviors that give police reason to pull motorists over

By The Nolan Law Firm | Nov 12, 2020

There are numerous campaigns to warn people about the dangers of drinking and driving. Even so, the 2018 holiday season in Arizona saw an increase in DUI arrests compared to the same period in 2017. Even if individuals only have one alcoholic drink, they can still become impaired to the point where police can arrest them. Police can arrest…

Read More

Vehicle black box is a serious witness

By The Nolan Law Firm | Nov 12, 2020

Recognized as presenting information in airplane accidents, an event data recorder or black box is now standard equipment in American vehicles. Suspects may begin to claim that seizure of black box data is an illegal search and seizure because police are now equipped to gather and use this evidence. Beginning in 2018, black boxes were installed as standard equipment…

Read More

A quick overview of plea deals

By The Nolan Law Firm | Nov 12, 2020

A plea deal, also known as a plea bargain, is an agreement between a prosecutor and a defendant. The agreement is for a defendant to plead “no contest” or guilty to charges in exchange for one of the following actions from a prosecutor: Recommend a specific sentencing guideline to a judge Reduce a charge to a lesser offense Drop…

Read More

What you should know about bad plea deals

By The Nolan Law Firm | Nov 12, 2020

Sometimes 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 More

Why might a criminal conviction be appealed?

By The Nolan Law Firm | Nov 12, 2020

Being 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 More

The appellate courts of Arizona

By The Nolan Law Firm | Nov 12, 2020

When 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 More

Supreme Court will rule on double prosecution

By The Nolan Law Firm | Nov 12, 2020

The 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 More

The government may force phone decryption

By The Nolan Law Firm | Nov 12, 2020

The 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 More

Gag orders in a criminal case

By The Nolan Law Firm | Nov 12, 2020

Roger Stone’s federal trial and the judge’s consideration of a “gag order” brings up the interesting conflict between the right to free speech and the guarantee of a fair trial. Failure to protect trial rights in and out of the courtroom is one of the grounds for criminal appeals. A gag order prohibits prosecutors and defendants from publicly…

Read More

Legal marijuana patients face drug charges

By The Nolan Law Firm | Nov 12, 2020

A 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 More