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Category: White Collar 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

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 CRIMINAL LAW: Sometimes It Is Just About Fairness

October 28th, 2010

The Arizona Supreme Court’s holding in State v. Geeslin was a rare event. In most circumstances, when a court makes a mistake, a formal objection to the court’s ruling must be found in the record. Put another way: if you fail to object to a court’s decision, you waive your right to appeal the ruling. However, as shown in …

7 Frequently Asked Questions About Criminal Seizure and Asset Forfeiture

August 12th, 2009

Asset forfeiture occurs when the government claims someone has profited from criminal activity.  The government will then attempt to seize the proceeds of that criminal conduct.  However, law enforcement often seizes money and property well beyond what the law allows.  Common scenarios include a person who was not involved in a crime yet has their property taken; or when …

The Growing Number of Arizona Telemarketing Fraud Cases

June 3rd, 2009

According to the United States Department of Justice “Telemarketing Fraud” is:

any scheme to defraud in which the persons carrying out the scheme use[s] the telephone as their primary means of communicating with prospective victims and trying to persuade them to send money to the scheme.

Arizona has a unique history with the telemarketing industry. Many of the “pioneers” …

What is the Crime of Burglary in Arizona?

October 30th, 2008

Burglary is defined as entering onto the property of another with the intent to commit any theft or any felony thereon.  In Arizona, there are three separate degrees of burglary.

As defined in A.R.S. 13-1506, a person commits a third degree burglary by “entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or …

What is the Amount of Prison an Arizona Criminal Conviction Requires?

June 16th, 2008

Arizona Criminal Sentencing Chart

Arizona criminal convictions can result in many different penalties.  Some convictions require mandatory prison.  Some convictions may result in merely a term of probation.  While other convictions can result in both a term of probation and a term of jail.  Above is a partial copy of the Arizona Supreme Court’s Sentencing chart that shows the …

What is the Crime of Fraudulent Schemes in Arizona?

June 12th, 2008

The crime of Fraudulent Schemes is codified in A.R.S. Section 13-2310.  This crime requires proof that a person:

  • Pursuant to a scheme or artifice to defraud;
  • Knowingly obtains;
  • Any benefit by means of false or fraudulent pretenses, representations, promises or material omissions

A person convicted of Fraudulent Schemes is guilty of a class 2 felony.  Furthermore, reliance on the …

When Gerry Spence Speaks – I Listen!

May 19th, 2008

It is undisputed that Gerry Spence is one of, if not the, best trial attorneys on planet earth.  I don’t care what he is talking about, I am listening.

Mr. Spence represented a man named Brandon Mayfield. Mayfield, an American Lawyer, was accused of being connected with the deadly train bombing in Madrid, Spain. As it turns out, he …

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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