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Posts by David A. Black

How can I beat a DUI charge (Infographic)



How can I beat a DUI charge (Infographic)

If you have been charged with a DUI you need to contact a defense attorney immediately. There are many ways an experienced lawyer  can get your DUI case dismissed. In this blog post we illustrate some of the more common ways to get the case dropped. 

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Revenge porn charged, despite court order staying enforcement



Arizona is one of a number of states that have recently passed what are commonly known as “revenge porn” laws. The laws criminalize the display of nude or sexually explicit photos of a person without that person’s consent. Their aim, generally, is to penalize the posting of, for example, nude photos of a former lover […]

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School shootings in the news



There was a time when we heard about a threat of violence involving a school – usually a phony bomb threat – once in very long while. For some reason, these threats have become a regular part of life for students and their parents. Recent examples in Arizona are not hard to come by: Last […]

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They punch horses, don’t they?



Facts, once again, appear to be stranger than fiction. You might remember, or you might have heard about, the 1969 movie entitled “They Shoot Horses, Don’t They?” It was a pretty big hit, starring Jane Fonda and a number of additional Hollywood notables, including Michael Sarrazin, Gig Young, and others. It produced nine Academy Award […]

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Arizona cop charged with secretly recording women undressing at tanning salon



A police officer from Goodyear, AZ (a suburb of Phoenix) is facing multiple felony charges after he allegedly videotaped women in various stages of undress at a local tanning salon. A spokesman for the Avondale, Arizona police department says that a female patron of the tanning salon said she noticed a small square object on […]

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Arizona “no bail for illegals” law struck down



Last week the United States Supreme Court refused to issue a stay of a lower court ruling that struck down a 2006 Arizona law denying bail to undocumented immigrants charged with a variety of felonies. Maricopa County Sheriff Joe Arpaio is livid over this turn of events, as is County Attorney Bill Montgomery. They can’t […]

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Allegations of Police Misconduct Plague Arizona Cops



They tell us that sometimes we “can’t see the forest for the trees.” We’ve heard the expression hundreds of times. What it means, simply, is that when you examine things one at a time, you often miss the big picture. But what does that have to do with police misconduct? Here’s the point we’re trying […]

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Private Prisons and the Arizona Attorney General Race



The prison population in the United States is not simply enormous, it’s part of a huge business enterprise. There are well over two million people in the country who are incarcerated, and the rate of incarceration – about 750 people for every 100,000 people – is the highest in the world. Strange? Maybe, but only […]

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Arrests Grow Among Arizona Sports Figures



If you’re a sports fan in the Phoenix area, the news brought more than games and scores in September. In fact, three current and former Phoenix professionals were arrested on a variety of charges over the past several weeks. Here are some of the details: Jonathan Dwyer, backup running back for the Arizona Cardinals, was […]

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Phoenix is going to the dogs . . . well, sort of . . .



We tend to write mostly about people. Specifically, our blog discusses the law, and how it affects you and me. But our attention does get diverted at times, and this week’s diversion comes courtesy of a couple of recent news reports out of the Phoenix area. The first article concerns a man who police say […]

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Guns Don’t Kill People, Children Do?



We understand that accidents do happen. We also understand that that are legitimate reasons why some people own guns. After all, not every gun owner is a gang-banger, home invader or hit man. And maybe there is a legitimate reason for a young child to be practicing with and learning to fire an Uzi. We […]

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Teacher Drunk in Class . . . Again!



Math is, for many students, a very difficult subject. Imagine compounding that difficulty by being taught by a teacher who is not only drunk, but completely wasted! If you think the story is fiction, think again. At least that’s what police in San Tan Valley are saying. They claim that a math teacher at Poston […]

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Pubic Sexual Indecency Charged in Hot Tub Romp



Public sexual indecency charges have been filed against two women and a man after they reportedly engaged in sexual activity in a hot tub at a Peoria (AZ) apartment complex. Police say they were called to the scene by someone who heard a child of one of the women crying, having allegedly been left alone […]

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Almost Two Years Later, Bar Owner Arrested on Sex Charges



An Arizona bar owner has been charged with sexual abuse and unlawfully taking pictures of a partially nude job applicant. The story, if true, may appear to be rather strange, although the circumstances surrounding the allegations may be more common than most people might think. Here’s what happened, according to the police: A woman applied […]

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Stalking on Steroids!



Stalking comes in all forms. When we think about it in the legal context, one of the pictures that may come to mind is a jilted lover, intent on seeking revenge, retaliation, reconciliation, or maybe just acknowledgement of his or her place in the victim’s life. Notes, phone calls, surreptitiously following the other person; all […]

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Deputy’s Suicide Raises New Questions for Maricopa County Sheriff



For Maricopa County Sheriff Joe Arpaio, it’s been a tough month . . . er, we mean year . . . er, better make that years. The essence of the problem seems to be that whenever anyone has the temerity to criticize hizoner, immediate action by Joe tends to make things worse. Harassment and frivolous […]

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Walmart Rifle Thefts Lead to Multiple Charges



This is a story that shows the ripple effects of actions people take. The starting point, according to the police, was the theft of several rifles from the Walmart near the intersection of Bell Road and 19th Avenue in Phoenix. The alleged theft took place on a Friday in late April, when a suspect put […]

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Chandler Gunplay in the News



It’s beginning to look as if guns might be a slight problem in the Phoenix area. We’ve taken a look at the news over the past few weeks, and it seems as if firearms are everywhere. And they are not only being used by people attempting to commit crimes or for target practice. In Arizona, […]

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Kidnapping Charged for “Bear Hug”



A man has been arrested in Phoenix and charged with sexual abuse and kidnapping. Police say that the suspect grabbed the breasts of a woman and placed her in a bear hug before fleeing the scene. It is not clear whether the touching of the woman’s breast occurred before, during or after the bear hug, […]

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Murder and Child Abuse Charges Dismissed in Tucson



When we read accounts of people being accused of and charged with criminal offenses, we often see the word “alleged” used throughout an article. The reason, of course, is that in our country, guilt, at least theoretically, is something that is determined by a jury verdict, or by a guilty plea. You won’t see the […]

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Mesa Police Caught on Camera Beating Suspect



A Rodney King case in Arizona? Hard for some to believe, we suppose, but for those of us familiar with such things, really not all that unusual. The setting this past Friday was near the corner of 44th Street and Broadway in Phoenix. A video taken by a bystander shows three or four Mesa police […]

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Judge Denies Double Jeopardy Claim in Milke Retrial



Back in 1990, Debra Milke was convicted of killing her son and sentenced to death. After languishing in prison for over two decades, an appeals court reversed her conviction. Some will read about cases such as this one, where an appeals court reverses a conviction, and suggest that the result was based upon a “technicality.” […]

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Negligent Homicide Charged in Pinal County Shooting Death



According to a news report, a Pinal County woman is now facing a charge of negligent homicide in connection with the death of another woman this past weekend. A number of articles have surfaced attempting to detail the event, and here is what we’ve been able to piece together so far. Police say that on […]

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Flagstaff Cops Don’t Like Expletives



When we report on arrests and ongoing cases in the criminal justice system, we often are left with an incomplete picture of what actually happened. But occasionally there are situations in which we can safely assume we know what happened – and why it happened – after reading an article on a particular case. The […]

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Arizona Shootings in the News



Are we the only ones who have seen the news over the first week of the year and are astounded at the number of shootings in and around Phoenix and throughout Arizona? We suspect that a visitor from another area of the world, or even most areas of the United States, would conclude that the […]

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Questions Surround Killings by Border Patrol Agents



Nogales is only 180 miles south of Phoenix, but there is a world of difference between the two cities. Nogales shares with other border towns in Arizona, and in other states, including Texas and California, the distinction of having people killed with apparent impunity by United States Border Patrol agents. Is it police brutality or […]

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How angry were you that your invoice wasn’t paid?



All of us have been presented at one time or another with a bill – for services or for materials – that we considered outrageous. And after receiving a bill that knocks you over, people sometimes act on their anger. Perhaps they get on the phone and tell the vendor what they think of his […]

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Police Say Suspect Attempted to Flush Pot down the Toilet



We’ve all watched scenes on TV showing someone trying to flush drugs – usually a small bag of pot or other drugs, or maybe some pills – down the toilet. The scene often involves the occupant of the house or apartment being surprised at the presence at his or her home of a representative of […]

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Criminal Threats vs. Extortion



A recent report from the Associated Press says that a former prison guard in Arizona is facing charges of extortion. According to the police, the guard, along with an inmate, hatched a scheme in which the inmate would threaten another member of the prison population, then the guard would offer protection from the inmate for […]

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Sentencing in Arizona Sex Case



A Craigslist ad marked the beginning of yet another saga involving illegal behavior. Ads appeared last year indicating various employment possibilities, including baby-sitting and photography. But two women, once of them a minor, who responded to the ads say that after they appeared at the man’s house in search of jobs, they were raped. Charges […]

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Alleged DUI Crash Leads to Second Degree Murder Charge



A crash that took place last month in Phoenix has resulted in second degree murder and other charges against a man who police say was driving drunk. According to reports, the driver was heading the wrong way on State Route 51 when his Toyota struck an SUV. The driver of the SUV was seriously injured, […]

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Carjacking in Arizona



We read on a regular basis about alleged carjacking in Phoenix and surrounding areas in Arizona. The term is used to describe numerous actions, usually involving commandeering a vehicle being driven by another person. A recent example is the headline in a Fox article entitled “Woman carjacked, police chase suspect for miles.” What allegedly took […]

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Phoenix Crash Leads to Manslaughter, DUI Charges



A single-vehicle crash on Interstate 10 last week has resulted in numerous charges against the driver of the vehicle, 34-year old Edwin Hurt. Police say Hurt was driving with two passengers when his Jaguar sedan overturned near 91st Avenue. Although no other vehicles were involved, the consequences of the crash were significant. One passenger, who […]

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Douglas Middle School Students Hospitalized from Prescription Drugs



The abuse of prescription drugs has been described as an epidemic by both the White House and the Centers for Disease Control and Prevention. But when most people think about the problem, not many picture young teenagers casually sharing drugs prescribed for their friends. That is exactly what apparently transpired last week at Ray Borane […]

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Attorney General Says Tucson Firearms Ordinance Unenforceable



Arizona Attorney General Tom Horne is taking a lot of heat for a recent opinion by his office that says two recently-passed Tucson ordinances are unenforceable. We have watched with some amusement as both the nature of the ordinances, as well as the rationale of the Attorney General’s opinion, become clouded by gross inaccuracies in […]

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How Much Do You Want Your Case Adjourned?



Trial lawyers understand that adjournments and re-scheduling of motions, trials and the like are part of everyday life in the courthouse. And we’ve heard of people going to great lengths to put off their hearings and court appearances to another day. But a couple from Yuma allegedly went just a bit overboard in their quest […]

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DUI Patrols Blanket Tempe, ASU



If you drink and drive, you subject yourself to some harsh penalties, even if your actions do not result in a collision. Your chances of being charged in the area of the campus of Arizona State University in Tempe have increased as the result of recent actions of the Maricopa County Sheriff’s Office, as well […]

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Sentencing in Hit and Run



In October of last year, a fatal hit and run accident occurred in Fountain Hills. The victim was Dr. Marwan Maalouf, a Scottsdale neurologist who worked at Barrow Neurological Institute (St. Joseph’s Hospital). Dr. Maalouf was out riding his bicycle when he was struck from behind and killed by a Chevrolet pickup truck. The driver […]

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30 Beers + Stolen Car = DUI and More



Drinking thirty beers during the course of an evening would cause many of us to become quite ill, to pass out, or at least to become incapable of walking, let alone driving a car. But police say that 25-year old Guadalupe Castaneda did a lot more than sleep it off or stumble around after he […]

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Police Misconduct and Debra Milke Retrial



Criminal cases often take years to come to a complete resolution. The Debra Milke case is an example. MIlke was arrested in 1989, charged with the murder of her 4-year old son. She was convicted, sentenced to death, and has remained in jail, and on death row, for the past 23 years. The conviction and […]

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Secret DEA Unit Investigates Americans



Intelligence sources say that a secret unit of the United States Drug Enforcement Administration has been utilizing wiretaps of Americans across the nation to assist in commencing investigations against citizens. The unit, known as the Special Operations Division (SOD), is apparently a joint effort involving not only the DEA, but also the FBI, the NSA, […]

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The Crime of Creating a False Impression



Creating a false impression doesn’t sound much like a criminal act. But when the impression created involves terrorism, you might be looking at a class 4 felony. An example came to a conclusion last week when Michael Turley was convicted by a jury of the crime, along with reckless endangerment, and sentenced to two weeks […]

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Last Month’s Weirdest DUI’s and Other Crimes in Phoenix



By all accounts, July was just an average month for crime in Phoenix, Arizona. Nothing spectacular if you simply look at the various headlines. But dig a little deeper, and you’ll find some of the strangest behavior you can imagine among the residents of our fair city. While we understand that many crimes include aspects […]

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Phoenix Police Raid “Fake” Medical Marijuana Dispensary



Three men are under arrest for what police say was the operation of a fake medical marijuana dispensary in Phoenix. According to reports, the men were selling marijuana, as well as foods such as brownies, muffins and candy, all of which allegedly contained pot. But the authorities add that the men did not have a […]

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Arrest Made in Methamphetamine Smuggling Case



A man crossing the border at the Port of San Luis has been arrested for attempting to smuggle 38 pounds of methamphetamine into the United States. According to a news report, the meth is valued at close to $600,000. The method allegedly used by the man to bring the drug into the country may sound […]

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Felony Disorderly Conduct in Arizona



Disorderly conduct means different things in different jurisdictions. In some states, the term is used to describe actions which, although unlawful, do not even reach the level of being called a crime. In New York, for example, disorderly conduct is a “violation.” As such, receiving a citation for it has about the same impact as […]

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Aggravated Assault with a Dangerous Instrument in Arizona



Arizona law includes a number of crimes under the general heading of assault. The basic offense consists of intentionally, knowingly or recklessly causing, or placing another person in fear of, physical injury. It also includes touching another person with intent to injure, or even to insult or to provoke, that person. Each of those offenses, […]

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Patriots’ Star Hernandez Charged with Murder



Star tight-end Aaron Hernandez, formerly of the New England Patriots, has been released from the team this week, following an investigation into the now-deemed homicide of a friend. Authorities report Hernandez, 23, has been charged with murder and five gun-related offenses in his home state of Massachusetts, according to reports. We will follow up with this […]

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Have You Been Racially Profiled? . . . There’s an App for That!



In an attempt to counter the effects of the Arizona law (SB 1070) known as “show me your papers”, the American Civil Liberties Union has announced that it is unveiling a smartphone app that will permit users to review the legal aspects of the immigration laws and policies in Arizona and report abuses, such as […]

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Shoplifting on a Grand Scale



When you hear about retail store theft, you might immediately think about shoplifting – generally stealing clothing, food, or other items of relatively small value. But a recent report out of Chandler goes way beyond simple store theft. Police say that two brothers are now under arrest after being accused of stealing between $100,000 and […]

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Methamphetamine, Pot Found in Phoenix Homes



In separate incidents in Phoenix last week, drug busts focused on both methamphetamine and a marijuana growing operation. The first bust resulted from an operation in west Phoenix by the Arizona High Intensity Drug Trafficking Areas Task Force. When all was said and done, while the bust led to only one arrest, the charges included […]

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DUI Arrests in Arizona during Memorial Day Weekend



Alcohol loomed large in the arrest of well over 500 people in Arizona suspected of driving under the influence and other offenses over the Memorial Day weekend. The arrests were made by a task force on the lookout for drunk drivers between May 23 and the morning of Tuesday, May 28. The task force was […]

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Racial Profiling Charge Upheld against Arpaio, Sheriff’s Office



In a stunning defeat for the self-styled “toughest sheriff in America,” a federal judge issued a ruling last week that Joe Arpaio and his office engaged in conduct that constituted a violation of the constitutional rights of Latino drivers in their attempt to crack down on illegal immigration. The decision came eight months after a […]

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NTSB Urges Lower Alcohol Level for DUI



The federal National Transportation Safety Board issued a report last week urging states to adopt new laws that would lower the permissible blood alcohol concentration for drunk driving cases to 0.05. In Arizona, the law currently provides that you are guilty of driving under the influence if your BAC is 0.08. You can still be […]

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News Teems with Suspected DUI Cases



Drunk and drugged driving is never far from the front page of the news, but this weekend saw a number of suspected DUI cases, each involving some alleged bizarre driving and other behavior. On Sunday, a man was driving his vehicle near Camelback in Phoenix, striking a mother and her two children at a crosswalk. […]

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Assault and Cover-Up by Cops Alleged in Prescott Bar Fight



It was December of last year, just a few days before Christmas. The players were a number of patrons of a Whiskey Row bar in Prescott. Some of those players looked like they were members of an outlaw biker gang – leather jackets with skull and crossbones patches, along with iron crosses. And add one […]

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Armed Robbery Bloopers



Armed robbery is serious business, and a conviction will lead to serious prison time. So you might expect that those contemplating committing this felony would do a little planning beforehand, just to increase the odds of coming away with some loot, and to decrease the odds of getting caught. Based on a recent report on […]

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Home Improvement Dispute Leads to 12½ Year Prison Sentence



If you hire someone to do work around your house, what’s the worst that could happen? There might be a monetary dispute, the work might not be done to your satisfaction, or perhaps the contractor could cause some minor damage. Well, if you think that’s the extent of it, you might be interested in a […]

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Alice B. Toklas – Alive and Well at Chaparral High



For those of our readers who aren’t familiar with her life, Alice B. Toklas was a literary and artistic figure during the first half of the twentieth century. Born in the United States, she moved to France in 1907 and took up residence as the companion, secretary and editor of Gertrude Stein, the American-born author […]

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AZ Supreme Court asked to Rule on DUI Marijuana Case



An appeal has been filed asking the Arizona Supreme Court to rule on an issue that has implications for anyone who smokes marijuana, including medical marijuana users. The defendant in the case, a medical marijuana user, was charged under the DUI statute with driving with a drug in his body. The issue is whether he […]

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DUI Charged in Fatal Hit-and-Run



A bizarre set of circumstances has led to charges of driving under the influence and leaving the scene of an accident in connection with a collision that took place in Phoenix this past weekend. Police say that a naked woman was sitting in the middle of the street near the intersection of Thomas Road and […]

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Top Internet Scams



The ingenuity of scam artists is on the increase. It is matched only by the gullibility of many of the people who are targeted. Here are some of the top internet scams that have been making their way around the country: Nigerian Scam. An email says that the individual is trying desperately to get a […]

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James Ray Appeal Points Finger at Prosecutors and Judge



In November 2011, James Ray, a motivational speaker and author, was found guilty by a jury of negligent homicide in the deaths of several people who participated in a “sweat lodge” ceremony he led two years earlier. Ray was fined, ordered to pay restitution, and sentenced to two years in prison. The case is now […]

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Naked PCP-Fueled Carjacking Case Not Over Yet



We reported in our blog in July of last year (Naked Carjacking in Phoenix) on the rather bizarre case of a John Brigham, who allegedly caused at least two collisions, resulting injuries to a number of people in Scottsdale, as well as a carjacking. Not all that crazy, unless you consider that during at least […]

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Shoplifting in Arizona



A report last week recounts an alleged shoplifting incident in Chandler. According to police, an 18-year old man was arrested after he llegedly shoplifted a pair of headphones from a Best Buy store. They add that the act was caught on a video surveillance camera, and that the suspect was followed out of the store […]

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Unlikely Pair Arrested in Multiple Burglaries



When you think about cohorts in crime, various images may come to mind. A recent report on activities in Chandler has resulted in a finger being pointed in the direction of an unusual pair of alleged thieves – a mother and her 25-year old son. The two have been charged with theft, burglary and, in […]

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DUI with Minor Passenger in Phoenix Airport Crash



If you are arrested for drunk driving, some charges are more serious than others. As we reported in our blog of January 17, 2013 (Drug Use Charged in Collision with Motorcycle) an aggravated DUI charge can result if you are driving under the influence with a minor passenger. Arizona law specifically provides for enhanced penalties […]

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Arizona Ramifications for Misdemeanor Conviction due to DUI



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MVD Consequences for DUI in Phoenix Arizona



Hey, this is David Black under the law offices of David A. Black. Today we’re going to talk about MVD ramifications for your DUI. Question, I got a DUI, haven’t been convicted yet, what’s going to happen? The short answer is that the MVD is going to try to suspend your license regardless. The way […]

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Drug Charges in Phoenix, Arizona



This is David Black. Today we’re going to talk about drug cases. Drug cases can be divided into two main classifications: • Drug possession cases or • Drug selling cases This discussion is specifically geared towards drug possession cases. You can think of the analysis as follows: There are several different classes under the law. […]

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Peoria Checkpoint Questioned



A major checkpoint established in Peoria AZ last week has angered motorists and civil rights leaders. They contend that the checkpoint, which followed on the heels of President Obama’s address in Las Vegas on immigration, was racially motivated. Numerous drivers returning from seeing the address were apparently caught in the web. Officials deny the charge, […]

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What Happens When you are Charged with a Crime in Tempe Municipal Court



You reached David Black here. You’re watching our website, some of our videos. Today we’re going to talk about the city of Tempe municipal court, what happens when you’re charged with a crime in Tempe municipal court, what types of crimes might be in Tempe municipal court, how to handle, etcetera. The municipal court is […]

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Maricopa County Files Petition on Medical Marijuana Ruling



This past Friday, Maricopa County filed a petition with the Arizona Supreme Court to bypass the Court of Appeals and have its appeal of the recent medical marijuana decision go directly to the high court. The petition is the latest response of the government to the decision, reported in our blog of December 14, 2012, […]

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Video on Probable Cause Traffic Stops Resulting in DUI



This is David Black today.  We’re talking generally about probable cause and more specifically reasonable suspicion when it comes to traffic stops and likely in your case the traffic stop which eventually led to a DUI.  Before we get to the over-all question that everybody’s concerned with, am I going to be convicted of a […]

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DUI and Other Charges Likely for Mesa Woman



A crash in Pinal County, AZ has led to a charge of driving under the influence for a Mesa woman. The report on the incident contained only a small number of details about the accident that led to her arrest. Police say that the woman was driving in Sun Tan Valley last week when her […]

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Drug Use Charged in Collision with Motorcycle



A woman riding a motorcycle was struck and critically injured in Phoenix Friday morning when she was struck by an SUV. The injured woman was taken to a local hospital, and as of this writing, she was not expected to survive. According to police, the SUV hit the motorcycle while making a turn, and the […]

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Alleged Marijuana Deal Leads to Murder Charge



There is no telling what can happen when you mix illegal drugs and guns. An example occurred in Phoenix recently in which a drug deal gone bad led to a shootout resulting in the death of one of the participants, according to police records. They say that three men were attempting to buy marijuana late […]

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Marijuana in the News 2012



As we come to the end of the year, marijuana continues to occupy a prominent place in the news. From smuggling to legislation, here are a few of the stories that have been headlined in and around Phoenix during the last two weeks of 2012: Police arrested a man on marijuana and gun possession charges […]

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Alleged Slap Leads to Aggravated Assault Charge



For the baby-boomers among us, corporal punishment, whether in the home or the school, was both a common and accepted form of punishment decades ago. Things have changed, particularly with respect to the legal ramifications of striking children. According to police reports, a Flagstaff teacher was allegedly observed slapping a kindergarten student. The witness, another […]

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Arizona Medical Marijuana Law Upheld



We’ve reported in the past about the apparent conflict between federal law, under which possession of marijuana is a crime, and Arizona’s Medical Marijuana Act, which permits the use of the drug for certain medical conditions. The issue was brought to the forefront last week in a ruling last week that emanated from a lawsuit […]

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Medical Marijuana Limitations



With the passage in 2010 of the Arizona Medical Marijuana Act, the use of marijuana for certain medical conditions, as prescribed by a physician, became legal. But there are a host of restrictions on the use of the drug, and the law in Arizona is a far cry from the recently enacted statutes in Washington […]

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Domestic Violence and Abuse of Vulnerable Adults



If you are under the impression that a domestic violence charge in Arizona is limited to violence against spouses, children or those in romantic relationships, your definition of the term is too limited. A case in point occurred last week. A Tucson couple allegedly forced three “vulnerable adults” who resided with them to remain outdoors […]

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Police Point to Drugged Driving in Airport Security Breach



An alleged DUI occurred last week in Phoenix with a few interesting twists. A young mother with her newborn baby in the back seat was somehow able to breach security at Sky Harbor International Airport, and ended up driving on the runway. The breach was not the first at Sky Harbor. In 2003, teenagers driving […]

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Domestic Violence Assault in Arizona 2012



Domestic violence in Arizona is not a distinct crime. Rather, it involves the commission of one or more of a laundry list of offenses (for example, assault, homicide, trespass, disorderly conduct, harassment, stalking, and others) which are committed against those with whom a defendant has (or had) a particular relationship with the alleged victim. It […]

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Domestic Violence Charges Filed Against Chandler Man



A 49-year old Chandler man was arrested earlier this week and charged with stalking and ten counts of aggravated domestic violence. According to police, the man allegedly stalked his former girlfriend in violation of an order of protection restricting contact with the ex-girlfriend. They say the events leading up to the arrest also included leaving […]

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Tempe municipal Court, and what the procedure is for handling matters



In this clip, Criminal Defense Attorney David Black discusses in general terms what a Tempe Criminal Lawyer does, what types of crimes are handled in Tempe municipal Court, and what the procedure is for handling matters in Tempe. From DUI to Domestic Violence Misdemeanors, Tempe City Court is a lower court of limited jurisdiction, which […]

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Methamphetamine in Phoenix 2012



An article appeared last week on Fox 10 News that seemed at the outset fairly typical of drug crimes in the area. It stated that police arrested a suspect “who admitted to stealing to support his meth habit.” But if you read the entire piece, the extent of the problems caused by methamphetamine addiction become […]

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Drug Sale Methamphetamine Phoenix Lawyer



In this clip, Phoenix Criminal Drug Defense Attorney David A. Black discusses how the dangerous drug meth is treated differently than other drugs in Arizona. Specifically, the lawyer explains that probation is either not mandatory (for possession) or not available (for possession for sale) when other drugs – even heroin and crack cocaine – are […]

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Marijuana Seized in Border Patrol Arrests Outside Phoenix



Border Patrol agents say they have seized 66 pounds of marijuana and arrested two Mexican nationals in connection with the haul. The men were allegedly discovered walking in the desert with backpacks filled with pot. The marijuana is valued at $33,000. Possession, use, possession for sale, production, sale and transportation of marijuana are crimes under […]

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Defense Attorney Discusses Drug Charges



Phoenix Defense Attorney David Black discusses drug charges and outcomes in this brief, informal video. For more information visit his website at http://www.dbphoenixcriminallawyer.com, or call his office at (480) 280-8028, or go to 40 North Central Ave., Suite 1400, Phoenix, AZ, 85004. Thank you.

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Mass Undercover Operation Leads to Underage Drinking Arrests in Wittmann



In our blog of July 9, 2012 entitled Underage Drinking in Arizona 2012, we pointed out the various charges that may result from alcohol being consumed by minors. We also noted that law enforcement had resorted to using undercover teens to discover and prosecute violations. The undercover practice has apparently expanded. Wittmann is the home […]

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ACLU Lawsuits Targets Deadly Shootings by Scottsdale Cop



The majority of police officers are never involved, during their entire careers, in a fatal shooting. But between 2003 and 2011, Officer James Peters was involved in six of them. No alarm bells went off at the Scottsdale Police Department, so Peters remained a member of the SWAT team, which increased his chances of being […]

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Children Left in Car So Parents Could Drink



A man and a woman were arrested in Cave Creek on Friday for leaving their children in the family car while their parents could continue to drink at a local restaurant. According to Fox 10 News, the couple had arrived at the restaurant with the children about 8:30 in the evening, then brought them back […]

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Student Killed in Hit-and-Run Accident



In a tragic accident on Sunday night, a Northern Arizona University student was killed when she was struck from behind by a truck in Flagstaff. According to witnesses, the truck fled the scene, but was located after a search. Police questioned a woman who was outside the vehicle looking at the damage, and although she […]

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Facebook and Online Impersonation in Arizona 2012



The anonymity of the internet in general, and, some believe, of social networking sites such as Facebook, continue to cause problems for innocent people. Last week it was reported that a North Canyon High School teacher was placed on administrative leave after nude pictures of her surfaced on Facebook. Her Facebook profile, according to the […]

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Aggravated DUI Charge for Diamondbacks Announcer



It was a sad day last Friday for the Arizona Diamondbacks and for sports fans around the state, when announcer Mark Grace was arrested for aggravated DUI and other charges. Grace is also a former major league baseball player, who played first base for the Chicago Cubs, and later played for the Diamondbacks in their […]

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Aggravated DUI with a Minor Passenger



Earlier this month a Mesa woman was arrested on suspicion of aggravated driving under the influence of drugs while her one-year old son was a passenger in the vehicle. According to the news report, the driver crossed over a sidewalk and careened into a propane tank. The woman had a prescription for Oxycodone which instructed […]

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Wiretapping Offenses 2012



Arizona has a number of criminal laws dealing with illegal wiretapping and recording of telephone conversations. Our interest in this subject has been heightened by a case in New Hampshire in which Adam Mueller, a journalist and founder of copblock.org, is facing trial on three felony counts of wiretapping. He videotaped a case of alleged […]

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2012 Law to Require Parolees to Pay for Drug Tests



A new bill signed by the governor in April of this year will require parolees and those on community supervision to pay for any required drug testing fees as a condition of their release. The law went into effect last week, although the precise amount of the payments and the effective date of the implementation […]

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Golf Cart Ride Leads to DUI Charge



Charges of driving under the influence (DUI) can result from some unusual activities. Earlier this month, the drummer for rocker Ted Nugent was arrested for DUI and other charges in Bangor, Maine. According to reports, the drummer, Mick Brown, had stolen a golf cart from a concert venue, and was driving it recklessly. When officers […]

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Driving Under the Influence In Arizona



http://youtu.be/4-TGpxwezUk Attorney David A Black is a DUI lawyer based in Phoenix Arizona. If you have been charged with driving under the influence in Maricopa Country feel free to contact us today at the Law Offices of David A. Black at 40 North Central Avenue Suite 1400 Phoenix, Arizona 85004 United States Office (480) 280-8028 […]

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Cultivation of Marijuana on Federal Land



The San Francisco Chronicle reported this week that four men have been arrested in Arizona for growing more than 12,500 marijuana plants on federal property located in the northwestern part of the state. This was apparently a huge operation, involving not only thousands of plants, but also an irrigation system that included generators, pumps and […]

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Phoenix Criminal Lawyer Discusses Reasonable Suspicion for DUI



http://youtu.be/kDF3z6Jwn_Q Phoenix DUI Defense Attorney at Law Offices of David A. Black, 40 North Central Avenue, Suite 1400, Phoenix, Arizona, (480) 280-8028, discusses reasonable suspicion of Driving Under the Influence. Please call or visit http://www.dbphoenixcriminallawyer.com

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Drunk Driving Lawyer Phoenix, Arizona Drunk Driving Attorney



http://youtu.be/tHcI9XgsLXc Attorney David A Black is a criminal lawyer based in Phoenix Arizona. If you have been charged with drunk driving in Maricopa Country feel free to contact us today at the Law Offices of David A. Black at 40 North Central Avenue Suite 1400 Phoenix, Arizona 85004 United States Office (480) 280-8028 http://www.dbphoenixcriminallawyer.com/practice-areas/drunk-driving.html Law […]

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Domestic Violence Lawyer Phoenix; Arizona Domestic Violence Attorney



http://youtu.be/jR34lgGONW4 Attorney David A Black is a criminal lawyer based in Phoenix Arizona. If you have been charged a Domestic Violence charge in Maricopa Country feel free to contact us today at the Law Offices of David A. Black at 480.280.8028 or visit http://www.dbphoenixcriminallawyer.com/practice-areas/domestic-violence.html Law Offices of David A. Black 40 N. Central Ave. #1400 […]

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Underage Drinking in Arizona 2012



Much has been written and said recently about the epidemic of drug addiction in Arizona and throughout the United States. In the process, many lose sight of the fact that (a) alcohol is considered one of the most prevalent “gateway drugs”, that is, substances that lead to the use of more dangerous drugs, and (b) […]

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Cocaine Attorney Phoenix, Methamphetamine Lawyer Arizona



http://youtu.be/BrE63q0MIWw Attorney David A Black is a criminal lawyer based in Phoenix Arizona. If you have been charged with crimes involving cocaine or methamphetamine in Maricopa Country feel free to contact us today at the Law Offices of David A. Black 40 North Central Avenue #1400, Phoenix, AZ 480.280.8028 or visit http://www.dbphoenixcriminallawyer.com

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Naked Carjacking in Phoenix – Bath Salts Again?



The news has been flooded lately with articles about bath salts. While they sound rather benign, bath salts in today’s world have little to do with soothing your feet or obtaining a smooth overall look to your skin. What’s being discussed are substances sold as bath salts, but which typically contain one of several drugs, […]

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Chandler DUI Lawyer and Driving Under the Influence Attorney



http://youtu.be/FTbS5le4bFQ In this video, attorney David A. Black essentially tests out his video equipment using the tag, “Chandler DUI Lawyer,” making no bones about it. The video explains really one main point: that a DUI in Chandler, Arizona, is the same as a DUI in Phoenix or any other municipality, but one should consult an […]

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Burglary Lawyer Phoenix, Arizona Burglary Attorney



http://youtu.be/GJx6mo_jrZc Attorney David A Black is a criminal lawyer based in Phoenix Arizona. If you have been charged with Burglary in Maricopa Country feel free to contact us today at the Law Offices of David A. Black 40 North Central Avenue #1400, Phoenix, AZ (480) 280-8028 http://www.dbphoenixcriminallawyer.com/practice-areas/burglary.html Law Offices of David A. Black 40 N. Central […]

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Sexual Abuse Trial Begins for Flagstaff Officer



The sexual abuse trial of an 11-year veteran of the Department of Public Safety began this week in Flagstaff. Officer Robb Evans is charged with groping a woman at a bar by walking up behind her, placing his hand under her skirt and touching her genitals. Evans denies the charges, and according to a report […]

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Assault Attorney Phoenix, Arizona Assault Lawyer



http://youtu.be/x8ywTPnRU9Y Attorney David A Black is a criminal lawyer based in Phoenix Arizona. Are you looking for an assault Lawyer in Maricopa Country feel free to contact us today at the Law Offices of David A. Black at 480.280.8028 or visit http://www.dbphoenixcriminallawyer.com/practice-areas/assault.html Law Offices of David A. Black 40 N. Central Ave. #1400 Phoenix, AZ […]

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Aggravated DUI Lawyer Phoenix



http://youtu.be/wBvx7ysFlKI Attorney David A Black is a criminal lawyer based in Phoenix Arizona. If you have been charged with aggravated DUI or driving under the influence in Maricopa County feel free to contact us today at Law Offices of David A. Black at 480.280.8028 or visit http://www.dbphoenixcriminallawyer.com/practice-areas/aggravated-dui.html Law Offices of David A. Black 40 N. […]

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Phoenix Criminal Lawyer and Attorney in Phoenix in Arizona Representing DUI Clients



http://youtu.be/xpIlAAYg108 In this video, Phoenix Criminal Lawyer David A. Black, located at 40 North Central Avenue, Suite 1400, Phoenix, Arizona, 85004, (480) 280-8028, discusses criminal law in the context of DUI, and the attendant consequences one faces regarding suspension of his or her driving privileges. Specifically, criminal attorney in Phoenix, David Black, talks about how […]

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Dump Truck Retrial – Manslaughter and Causation



Jury selection began this week in the retrial of a man accused of plowing into a group of motorcyclists, killing four of them, while under the influence of drugs. The collision took place in March 2010, and in April of that year, a Maricopa grand jury indicted the driver on four counts of manslaughter, five […]

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David A. Black Discusses Traffic Stops



Phoenix DUI Lawyer David A. Black, located at 40 N. Central Ave. #1400, Phoenix, AZ, 85004, discusses major case law and reasons for traffic stops that are not in violation of Fourth Amendment Rights leading to arrests for Driving Under the Influence in Arizona. Please call the office for more information at (480) 280-8028

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Phoenix Prosecutor Dismisses Nearly Two Dozen Occupy Phoenix Cases



Phoenix Prosecutor Dismisses Nearly Two Dozen Occupy Phoenix Cases

Just hours ago, the City of Phoenix, the Phoenix Prosecutor’s Office and the State of Arizona dismissed almost two dozen cases against Occupy Phoenix protesters. In applying for the dismissals, which were granted without objection by the judge this morning, a number of statements were made by the prosecutor that indicate an unusual and unprecedented […]

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Verdict in the Baby Gabriel Case – What Are Aggravating Factors?



Last week the jury returned its verdict in the Baby Gabriel case. While the case centered on the disappearance of a nine month old baby, who has not been seen since December 2009, this wasn’t a murder or child abuse case. The conviction was for forgery and conspiracy to commit custodial interference. The forgery consisted […]

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David Black Discussing Orders of Protection



Criminal Defense Attorney David Black discussing What is an Order of Protection? How Can I Fight One? How Can I Get One? For specfiic questions and answers always follow the lnk below and contact David A. Black, criminal defense attorney phoenix. Law Offices of David A. Black 40 N. Central Ave. #1400 Phoenix, AZ 85004 […]

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Justice Department Sues Joe Arpaio



In our blog of December 21, 2011, we reported that the United States Justice Department was investigating the Maricopa County Sheriff’s Office (MCSO) amid claims of racial profiling and other improper conduct aimed at Latinos. Apparently unable to reach an agreement with Sheriff Joe Arpaio concerning the allegations, the Justice Department last week filed a […]

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Prescription Drug Abuse-Where Do the Drugs Come From?



We have been talking recently about the epidemic of prescription drug abuse. This leads us to wonder where all these drugs come from. We’re not discussing drugs such as heroin or cocaine, the origin of which may be South America or Asia. And we doubt there are enough doctors writing prescriptions for narcotics and related […]

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Motions In Limine Defense Lawyer Pretrial Motions



Attorney David A. Black discusses pretrial motions called Motions in Limine, and characterizes them as pretrial motions or objections made in writing. Deals with criminal law. Law Offices of David A. Black, Phoenix, Arizona, #1400, Phoenix, AZ 85004. (480) 280-8028.

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Trial… to go or not? That is the question.



A common question we are asked is whether or not we, as Phoenix criminal attorneys, recommend our clients seek a trial. The question is a complex one, and depends upon a variety of things, but most important are whether or not there is a benefit to any bargain offered, and whether or not we feel the […]

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Prescription Drug Take-Back Day in Phoenix



On April 28, the Drug Enforcement Administration (DEA) hosted the fourth annual Prescription Take-Back Day. The event, which took place in Phoenix and in other areas across the country, is designed to get expired and unused prescription drugs out of people’s medicine cabinets and homes and properly disposed of. In previous years, more than 18,000 […]

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Mother Arrested in Phoenix After DUI Crash



Two weeks ago police happened upon a woman who was standing in the parking lot of Adams Traditional Academy, just east of Interstate 17. She had apparently crashed her SUV into a cinderblock wall at the school. Her children, ages 2, 3 and 5, were nearby crying. A search of the vehicle revealed an open […]

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Stand Your Ground Law and the Zimmerman Case



On February 26, 2012, according to George Zimmerman, Trayvon Martin jumped him in Sanford, Florida, broke his nose, and pounded his head into the ground, causing Zimmerman to be in fear for his life.  The next thing that happened is undisputed:  Zimmerman fired his gun and killed Martin. Nothing official happened for 46 days.  Unofficially, […]

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Former Maricopa County Attorney Disbarred



Yesterday, a three-person Hearing Panel appointed at the direction of the Supreme Court of Arizona ordered former Maricopa County Attorney Andrew Thomas disbarred. Thomas faced 33 charges, from dishonesty to conflict of interest, alleging that he misused his prosecutorial powers for political purposes. Most of the charges were upheld by the Panel by clear and […]

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Grand Juries and Indictments Discussed by a Phoenix Criminal Lawyer



Phoenix, Arizona Criminal Defense Attorney David A. Black discusses in very broad terms what a grand jury does and what it means to be indicted. Generally, an indictment is just a formal word for the start of a felony criminal case. For more information on grad juries and indictments, please speak with your own personal […]

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Phoenix Criminal Attorney to Discuss “What is an Evidentiary Hearing?”



Criminal attorney David Black discusses in his blog what an evidentiary hearing is in very general terms. In this video, David Black discusses how an evidentiary hearing is simply a forum in which objections to evidence are discussed. Law Offices of David A. Black PLLC 40 North Central Avenue Suite 1400 Phoenix, Arizona 85004 http://www.dbphoenixcriminallawyer.com […]

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How Much Did the Occupy Phoenix Protest Really Cost?



by Ben DeMeter As far as Occupy protests go, the Occupy Phoenix demonstration wasn’t exactly something to write home about. Roughly 1,000 people showed up in Cesar Chavez Plaza on the morning of October 15th, 2011 to represent the “99 %” and rally against corporation-favoring legislation. After a few hours, police moved the protesters to […]

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Attorney Discusses Aggravated DUI Under Phoenix Criminal Law



Attorney David A. Black discusses the three major types of felony DUI, or Aggravated DUI. These include having children in the car; having 3 DUIs in 84 months; or DUI with a suspended, revoked, or cancelled license. David A. Black is a Phoenix Criminal Lawyer specializing in DUI and other crimes. See his work at http://www.dbphoenixcriminallawyer.com. […]

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Phoenix DUI Lawyer Explains Evidentiary Hearings in the Context of Criminal Defense Trial Practice



Attorney David A. Black talks about different hearings in the process of a phoenix criminal case: older videos discussed pretrial conferences; this video addresses issues about evidentiary hearings on motions to supress, preclude, and dismiss. Whatever your case, whether it is a Phoenix dui attorney or other criminal lawyer you need, give a professional a […]

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Criminal Lawyer David A. Black Discusses the Pretrial Conference in Phoenix and Maricopa County



In Arizona, and specifically in Maricopa County, after the Arraignment but before the Trial, many pretrial conferences are held in the criminal courts. In Scottsdale, there may only be two of them before the court sets the case to trial. In some courts in Phoenix Municipal Court, as many as five or more are held. […]

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Phoenix Criminal Lawyer Discusses Felony and Misdemeanor Arraignments



In this video, Phoenix lawyer David A. Black discusses arraignments in the context of criminal law; specficially addressed are the broad questions of What is an Arraignment? What happens at an Arraignment? And are there differences between felony and misdemeanor Arraignments. As always, viewers are encouraged to visit Phoenix Criminal Lawyer for more information, or […]

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Medical Marijuana Update



Medical Marijuana Update

In our blog of December 22, 2011, we informed you of the passage of Arizona’s Medical Marijuana Act (Title 36, Chapter 28 of the Arizona Revised Statutes).  In the blog, we pointed out some apparent inconsistencies between the Federal and State laws. Specifically, the conduct authorized under the new Arizona law could constitute a violation […]

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Holiday Task Force Leads to 4,000 DUI Arrests



In our blog of December 19, we warned you about the efforts of the DUI Task Force, and stepped up enforcement of the DUI laws through the end of the 2012 New Year’s weekend.  The figures are now in, and according to the Governor’s Office of Highway Safety, the crackdown has led to more than […]

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Underage Drinking in Arizona



Did you ever wonder what the facts really are about underage drinking in Arizona?  The following statistics may interest you.  It is reported that when asked, over 28% of the population between the ages of 12 and 20 admitted to consuming alcohol over the prior month; and that 18% of the same population says they […]

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December Street Crime Statistics for Phoenix



We hear about crime all over the news on a regular basis.  When it comes to street crime, the media seems to be in a constant frenzy.  But what are the real statistics in Phoenix? According to a recent report, the December arrest numbers for street crimes shows some interesting results.  The specifics are as […]

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New Arizona DUI Laws in Effect as of January 1, 2012



If you have been charged with drunk driving (DUI or DWI) in Arizona, you might be interested in some recent changes in the law that went into effect on January 1, 2012.  The changes don’t modify the basic laws regarding the definition of a DUI, but they do affect the procedures and penalties associated with […]

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DUI Breath Testing in Arizona



If you have been charged with a DUI in Arizona, you likely were given, in addition to a field sobriety test, what is commonly (but mistakenly) referred to as a “Breathalyzer” test.  In fact, “Breathalyzer” is a trade name for a specific brand of breath testing machines.  And in Arizona, only one brand of testing […]

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Assault Charges in Arizona – Confused?



If you have been charged with assault in Arizona, you may be confused about not only the specifics of the charge, but also about the possible penalties you face.  Your confusion is understandable, since the assault laws in Arizona are not always easy to understand. Assault in Arizona is generally divided into 2 main categories:  […]

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Violent Crime Up in Phoenix While U.S. Rate Falls



While violent crimes declined in most areas of the United States in the first 6 months of 2011, many Arizona cities, including Phoenix, experienced a rise in such crimes during that same period.  According to a recent FBI study, violent crime increased in 7 of the 10 Arizona cities reported.  In addition to Phoenix, the violent […]

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Outstanding Warrants in Phoenix



Are you looking over your shoulder because you have an outstanding misdemeanor warrant in Phoenix?  If so, you may have missed a chance to clear the slate.  Earlier this month, Phoenix officials launched Phase I of its “New Opportunity Warrant Clear Up Program.”  The program was designed to clear up as many of the 110,000 […]

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Harsh Sentencing Laws in Arizona – Cost vs. Benefit



While many states have adopted laws designed to reduce prison populations, Arizona has gone in the other direction.  The United States has the highest rate of incarceration in the world, and Arizona is among the states with the highest rate within the country. The “tough on crime” stance has had an effect, but not necessarily […]

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U.S. Supreme Court to Hear Challenge to Arizona Immigration Laws



Are you curious as to the status of Arizona’s new immigration law?  This month the United States Supreme Court, in Arizona v. United States, agreed to review a successful challenge to a number of the provisions of Arizona’s 2010 tough immigration statutes.  At issue are several provisions of the controversial law, including a provision requiring […]

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Massive Drug Bust in Arizona



Officials announced last month that they made “massive” drug-related arrests after a 17-month investigation dubbed “Operation Pipeline Express.” The agencies involved, including those in Maricopa County, stated the bust resulted in the seizure of over 30 tons of marijuana and 100 weapons, and led to the arrest of 76 people.  Interestingly, the operation began as […]

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United States Constitution vs. USA Patriot Act



With the passage of the USA Patriot Act of 2001, and more recent laws (including the National Defense Authorization Act of 2012 passed on December 15), the government has called into question its commitment to protecting the constitutional rights of U.S. citizens.  Taken as a whole, the laws now appear to allow the indefinite detention of […]

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Medical Marijuana Use in Arizona



If you suffer from certain medical conditions, you may be wondering if Arizona has joined the growing list of states which have legalized the medical use of marijuana.  In November of last year, Arizona voters narrowly approved Proposition 203, making the use of marijuana (and its cultivation) legal under very specific restrictions for certain “chronic […]

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Justice Department Targets Maricopa County Sheriff’s Department



Do you believe you have been mistreated or wrongfully detained or arrested in Maricopa County?  If so, you should be aware that the United States Justice Department has issued a report claiming that Maricopa County Sheriff Joe Arpaio’s department engaged in conduct that is unconstitutional and violates federal law.  The alleged conduct involves a wide […]

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Underage Drinking and Social Host Liability



Do you serve liquor at your home to anyone under the legal drinking age?  If you live in Tempe, you should be aware of a new local ordinance, scheduled to go into effect in February, holds parents accountable even if those who are drinking are the children of the host.  Under the new ordinance, parents […]

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85004

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