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Category: Drug Charges

Eve of Trial Evidence

March 25th, 2015

Defense Attorney: “I am moving to suppress the officer’s testimony.”

Prosecution: “Why? We disclosed the evidence as soon as we got it.”

-Flashback 12 hours-

It is the night before trial and your email shows a new message.  It is from the attorney you will be in trial with – tomorrow morning.   He writes, “We just realized that there

Ambien & Driving Makes The Front Cover of The New York Times

August 14th, 2013

From The New York Times: “To Judge Sleep Aids, U.S. Looks at Drowsy Driving in the Morning.”

The Food and Drug Administration is considering the residual drowsiness that can persist the day after taking prescription sleep aids, and whether users can drive safely upon waking.

Click here to read the story: http://nyti.ms/16JxvIK…

The Latest Ruling In the Massachusetts Crime Lab Scandal

July 28th, 2013

Here is an update of the Massachusetts Crime Lab Scandal:

• In June, 2011, allegations of misconduct at the William A. Hinton State Laboratory Institute in Jamaica Plain (Hinton drug lab) surfaced regarding work performed by Annie Dookhan, a chemist who had been employed in the forensic drug laboratory since November 2003.

• Following an internal review, the Department …

Arizona Case Law Update – The First Daubert Decision

February 21st, 2013

This month the Arizona Court of Appeals rejected the argument that a judge does not have the discretion to hold a pretrial hearing on the reliability of scientific evidence. Since January 1, 2012 when Arizona adopted the Federal Daubert standard for safeguarding against junk science, several prosecutorial agencies have tried to persuade trial courts that things were “business as …

A Quick And Dirty Daubert Explanation

August 15th, 2012

Daubert Challenges of Experts

Daubert is the name of an United States Supreme Court case regarding the admissibility of scientific evidence: Daubert v. Merrell Dow Pharmaceuticals, Inc.  While the case was decided in 1993, it’s holdings are new to Arizona.  Despite some arguments to the contrary by a few luddites, Arizona adopted it on January 1, 2012.  Arizona’s …

Arizona’s New Medical Marijuana Law: What Does It Mean?

November 19th, 2010

With the recent passage of Proposition 203, voters made Arizona the 15th state (along with the District of Columbia) to legalize medical marijuana. The vote was a close one, with just 841,346 in favor and 837,005 opposed, just passing the 50% mark. The count from vote on election day, Nov. 2, was so close that the result wasn’t declared …

Arizona Marijuana Law: Something You Probably Already Knew About Marijuana and Religion

June 23rd, 2010

Just in case there was any doubt, the Arizona Court of Appeals made it official that your religious beliefs are not a legal defense to the crime of Possession of Marijuana.

In the case of State v. Hardesty, Mr. Hardesty was charged with possession of marijuana and possession of drug paraphernalia. After a routine traffic stop, drugs were …

Arizona Drug Law: Cheat First And Search Later

June 23rd, 2010

Drug sniffing dogs – you see them at the airport, the bus station, and on television. They serve an important purpose for law enforcement and the public. That is, they smell drugs when humans cannot. Moreover, the dogs do it in a manner that is not invasive to the people being search. However, there are some rules, like the …

Arizona Drug Law: I Bet You Never Knew How Important Your Blinker Was

June 17th, 2010

When being stopped by an officer there are many things that go through a driver’s head. “Was I speeding?” “Is there a taillight out?” “Did I swerve?” On the other hand, most people don’t usually think “did I use my blinker appropriately.” However, the issue of the appropriate use of a blinker, was one of the primary questions decided …

Frequently Asked Questions About Arizona Drug Crimes

October 15th, 2009

Drug use seems to be a never-ending problem in Arizona.  As a result, we have a never ending amount of people becoming criminals.  If you were sitting in one of Arizona’s courts devoted solely to the resolution of drugs cases, the lines would resemble those at Costco or Sam’s club.  It is common for an Arizona court to handle …

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The Arizona Criminal Defense Lawyer Blog is published by Koplow Law Firm. Our criminal practice experience includes a wide variety of defense representation and cases; and is led by Lawrence Koplow, a former prosecutor with the Maricopa County Attorney's Office.

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