Driving under the influence, or DUI, may seem to be a simple offense consisting of driving while impaired, as the result of the consumption of alcohol or drugs. In fact, there are dozens of statutes in Arizona – particularly Chapter 4 of Title 28 – defining various...
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Swarming – Proposed Legislation to Deal with “Gilbert Goons”
The Maricopa County Attorney’s Office has announced a proposed change in legislation to address the issue of teen violence. Specifically, the proposal, if adopted, would create a new crime, known as “swarming.” Simply stated, this is defined in the proposal as an...
What is Doxing?
If you ask most people what doxing is, you’ll likely be met with a look of sheer confusion. Doxing (also spelled “doxxing”), in the most general sense, is cyberbullying. The process involves using, or threatening to use, secret or sensitive information, records, or...
Arizona Crime Overview
Crime statistics are easily obtainable on the internet and elsewhere. Indeed, the Arizona Department of Public Safety regularly publishes the number of crimes committed statewide, and for each county and city in the state. Despite some clear indications that crime is...
Entrapment Defense
We often hear about defenses to criminal charges. Probably the most common reference is self-defense, which is defined in A.R.S. 13-404A. Generally, it permits the use of force to protect oneself against unlawful physical force. Less often, a case is reported in which...
Inchoate Crimes: Arrested for Taking Steps Toward Committing a Criminal Offense
Did you know that there are many situations in which a person can perform an act that, while it does not complete a particular offense (robbery, assault, murder, etc.), may nevertheless lead to a criminal charge. These are called “inchoate crimes,” and the basic...
Will Tougher Sentences in Arizona Reduce Fentanyl Deaths?
A new bill was signed into law in Arizona last month dramatically increasing the sentence for trafficking in fentanyl. Known as the Ashley Dunn Act, it was named for a young woman who died from fentanyl poisoning several years ago. The law goes into effect this...
Do Statutes of Limitation Apply in Arizona Criminal Cases?
Most people are aware that statutes of limitations generally provide time limits for commencing a civil lawsuit. But are you aware that statutes of limitations also apply in some – but not all – criminal prosecutions as well? What this means, generally, is that if you...
Marijuana in Arizona After Prop 207
The harsh laws regarding possession and use of marijuana have been under attack in Arizona and elsewhere for a number of years. This has been due in part to the relatively large number of individuals who are in jails and prisons in the United States compared with...
Criminal Charges for Flagrant Fouls in the NBA
We are certainly not the only ones who have wondered why, after a flagrant foul, a fight, or other violence not within the scope of playing basketball, there are no criminal charges filed against basketball players in the NBA (or other professional sports). The answer...
Arizona Bill Would Clarify Criminal Statutes of Limitation
A new bill was introduced in the Arizona legislature this month – HB2043 – that would make a subtle but important change in the statute of limitations for criminal charges. For those who don’t know, once the period set forth in the statute of limitations has run,...
Arizona Crime Statistics
With all the talk in the news about the supposedly massive increase in crime in the United States, we thought our readers might be interested in the facts related to crime in Arizona. You may be surprised at what the numbers show, as published by the Arizona...
Arizona Harassment Law
What is Criminal Harassment? Harassment is defined in A.R.S. 13-2991. That section of the Arizona Criminal Code says that you commit the crime of harassment when you “knowingly and repeatedly” engage in conduct directed at a particular person, which conduct would...
What is “Wire Fraud”?
There seem to be more and more cases in the news in which defendants are charged with wire fraud. By and large, these are federal prosecutions, and the recent barrage of indictments relates largely to the last presidential election, as well as claims concerning...
What is RICO?
The news in recent days has been filled with references to RICO, which stands for the Racketeer Influenced and Corrupt Organizations Act. It is federal law (18 U.S.C. §§ 1961 to 1968) enacted in 1970 to combat organized crime. It contains both criminal and civil...