Phoenix DUI Law Blog

In the recent case of State v. Schalk, the Arizona Court of Appeals upheld the convictions of David Schalk for kidnapping and aggravated assault. This decision provides insight into the appellate process and underscores the importance of jury impartiality and the handling of potential biases during trial. Case Background In June 2022, David Schalk and…

If an officer detains you because he suspects you have committed a crime, you have certain rights under the law. These interactions can be frustrating and intimidating, which makes it important to understand ahead of time what you can and cannot do. One question our clients have sometimes asked is whether the officer can ask…

A person’s handwriting can come back to haunt them, and evidence in the trial court’s record of the defendant’s handwriting can end up helping the prosecution meet its burden to prove a defendant guilty. In a recent case before the Arizona Court of Appeals, Division Two, the defendant appealed a trial court’s decision to admit…

In Arizona, an officer that sees an individual commit a traffic violation can reasonably initiate a traffic stop. The traffic stop must only last the brief amount of time that it takes an officer to address the traffic violation with the driver. Then, in general, the officer must let the driver leave. In certain circumstances,…

In Arizona, as in every state, there are consequences for driving under the influence (DUI). What many people don’t know, however, is that there are several different kinds of DUI, and there are different penalties that come with each kind. The following summaries provide basic descriptions of each kind of DUI in Arizona; however, the…

In a recent case before the Arizona Court of Appeals, Division One, the defendant asked the court to reconsider his conviction and sentence for transportation of a dangerous drug for sale. The defendant was originally subject to a traffic stop while he was in the passenger seat of a vehicle. The car’s driver had a…

In a criminal case revolving around homicide or murder, it is a long-standing rule in Arizona that photos of the victim’s body are automatically relevant to the proceedings. This rule can be harmful for defendants in these cases, especially in jury trials where jury members will be jarred or emotionally distraught by the photos. In…

A recent case before the Arizona Court of Appeals, Division One highlights the limit of Fourth Amendment protections when a government actor is not involved in a search or seizure. The June 2024 case revolves around images that several teachers found on their co-teacher’s laptop. Even though the defendant tried to argue that the superior…

A recent case before the Arizona Court of Appeals, Division One, demonstrates the difficulty of fighting charges when the facts are not in your favor. In the case at issue, the defendant pled not guilty to burglary, and his case later went to trial. The court then sentenced him to 20 years in prison. In…

Can a defendant successfully suppress incriminating statements he made during a confession because of violent conduct from the police? In short, sometimes. A recent case coming out of the Court of Appeals of Arizona, First Division explores this question, and the case ultimately decided that when the police officers’ violent conduct happens separately from the…