Phoenix DUI Law Blog
In a recent five-day trial in Arizona, the jury heard evidence regarding the defendant’s charges for a drive-by shooting, aggravated assault, and aggravated harassment. During trial, the defendant’s ankle monitor began beeping, causing several jury members to look down at the defendant’s ankle. The defendant requested a mistrial, arguing the beeping led the jury to believe he was a dangerous person. The trial court denied the request, and the higher court affirmed this decision, ruling that the defendant did not show any prejudice resulting from the monitor.
Facts of the Case
The defendant was originally charged after he allegedly violated a protection order that his ex-girlfriend had gotten against him. According to his ex-girlfriend, the defendant followed her in a car, shot a bullet at her tire, and drove away. The defendant pled not guilty, and his case went to trial.
The Trial
During the defendant’s cross-examination toward the end of trial, the defendant’s ankle monitor began beeping after he failed to recharge the monitor’s battery. The trial court judge quickly adjourned the trial and later told jury members that they were not to draw any inferences from the beeping.
The Court’s Reasoning on Appeal
The jury later found the defendant guilty, and he appealed the trial court’s denial of his request for a mistrial. On appeal, though, the higher court did not find that the beeping prejudiced the defendant in a significant way. What’s more, said the court, the defendant wore the monitor outside of his pants as opposed to underneath the pants, leaving the jury able to see the monitor even before the beeping began. Lastly, the defendant could have charged the device before trial to prevent any beeping that he did not want the jury to hear.
In this case, then, the ankle monitor beeping was not enough to warrant a mistrial. In some cases, with different circumstances, it is possible a court might rule differently. If you think a jury in your case has been unfairly prejudiced against you, speak with a Phoenix criminal defense attorney that can talk you through the law in Arizona and apply it to your situation.
Do You Need a Phoenix Violent Crimes Attorney in Your Corner?
Here at the Law Office of James E. Novak, we work hard to get your criminal charges dropped, because we understand how much is at stake when your freedom is on the line. Our team offers client-centered solutions for each case that comes across our desk, and we take pride in our personalized and aggressive approach. We are proud to provide a strong defense, every time and for every client, regardless of the severity of the charges at hand.
If you haven’t yet spoken with an experienced Phoenix violent crimes attorney regarding your case, call us at the Law Office of James E. Novak for a free and confidential consultation at (480) 413-1499. You can also fill out our online form to tell us about your case and have an attorney reach back out to you as soon as possible.