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Category: Vehicular Crimes

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

DUI Conviction Overturned – Court Erred By Denying Continuance

September 20th, 2013

Six days before his trial, Defendant moved for a continuance in order to substitute new counsel.  Defendant stated:

  • He had concerns with “his current attorney’s defense strategies and trial presentation;”
  • He also explained to the trial court he was uncomfortable with the firm he originally had hired after being transferred between attorneys several times;
  • He did not have the

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 …

Seven Brady Cases You Should Know

July 8th, 2013

Here are my seven favorite Brady decisions:

1. BRADY V. MARYLAND, 373 U.S.83 (1963)

Both Brady and his co-defendant were found guilty of first-degree murder and sentenced to death. After trial, the prosecutor disclosed to Brady that the co-defendant admitted to the homicide. The court held that the prosecutor’s suppression of the confession violated the Due Process Clause …

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 …

Can I Go To Work During My Jail Term?

July 21st, 2009

There are many crimes in Arizona that result in a person serving a term of jail.  A term of jail can devastate a person’s career.  However, there are two programs that will allow a person to continue working while a person is serving a term of jail.  Furthermore, these programs DO NOT extend the time a person spends in …

What is the Arizona Crime of Endangerment?

June 2nd, 2008

What is endangerment?

The crime of endangerment is charged in situations where a person places another in danger by acting recklessly. The statute, in relevant part, states:

A. A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury.

B. Endangerment involving a substantial risk of imminent death is a class …

What is the Arizona Crime of Leaving The Scene Of An Accident

January 2nd, 2008

The driver of any vehicle involved in an accident has a duty under Arizona law to stop and to provide assistance. The duty to assist arises in A.R.S. 28-663, and states:

A. The driver of a vehicle involved in an accident resulting in injury to or death of a person or damage to a vehicle that is driven or …

Arizona Criminal Defense Lawyer Blog

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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