The Importance of Handwriting in an Arizona Criminal Case

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 evidence of his handwriting, which the prosecution compared to a drug ledger found in his car. In part because of the handwriting sample, the defendant was found guilty of drug-related charges. Without a basis to overturn the trial court’s decision, the higher court denied the defendant’s appeal.

Rule 15.2 of Arizona Rules of Criminal Procedure

According to Rule 15.2 of Arizona Rules of Criminal Procedure, a defendant is legally required to “provide handwriting specimens” if the state makes this request. If, however, the prosecution already has a handwriting sample from the defendant and can prove that the handwriting belongs to the defendant, no formal request is necessary.

Case Before Arizona Court

In the defendant’s case before the Court of Appeals, he took issue with the fact that the prosecution compared a drug ledger found in his car to the handwritten motion to suppress that he presented to the court during an earlier point of his litigation. The defendant argued that the court should have told him that his motion could be used against him before he filed it, and that it was unfair for the state to use the motion to review his handwriting without advising him of its intention to do so.

The higher court considered the defendant’s argument but ultimately disagreed. Rule 15.2, said the court, does not require the state to warn the defendant of its intention to review his handwriting. Even if the defendant had not filed the motion, however, the prosecution could have still requested the handwriting sample via Rule 15.2. Because there was no support for the defendant’s argument in the Arizona Rules, the court denied his appeal.

The Takeaways

If you are worried about a handwriting sample in your criminal case, you need a skilled attorney that can challenge the similarities between the evidence in the record and your own handwriting sample. Hiring an experienced trial attorney is the first step to fighting the admissibility of this kind of evidence, and it is important to make a thoughtful and informed choice in who you hire to litigate your case.

Do You Need a Phoenix Drug Attorney in Your Corner?

At the Law Office of James E. Novak, we take pride in our client-centered, aggressive approach to every single case that comes our way. If you are looking for a Phoenix drug attorney to relentlessly fight for your freedom, we are the firm for you. Our team covers cases related to drugs, violent crimes, sex offenses, firearms, vehicular crimes, and more.

To learn more about the legal services we provide, 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 a Phoenix drug attorney reach back out to you as soon as possible regarding next steps.