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Arizona Amends Civil Asset Forfeiture Laws to Help Innocent Claimants

In October 2016, the Institute for Justice filed a lawsuit in Navajo County Superior Court on behalf of an elderly couple, Terry and Ria Platt. The police pulled over their son, who was driving their car, for a window tint violation. They seized the son’s cash and a small amount of marijuana. Even though Arizona …

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Arizona Creates New Crimes: Terrorist Threats and False Reporting of Terrorism

In April 2012, Governor Ducey signed a bill creating the new crimes of making a terroristic threat and false reporting of terrorism.  The new statute is found at A.R.S. § 13-2308.02. Under A.R.S. § 13-2308.02(A),  a person commits the crime of making a terroristic threat  when he or she threatens to commit an act of …

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The Problems with Prior Legal Offenses

Problems You May Face Having a Previous or Prior Offense A.R.S. § 13-105(22) broadly defines a “historical prior felony conviction” as any prior felony conviction that involved one of the following: A mandated term of imprisonment A dangerous offense Illegal control of a criminal enterprise Aggravated driving under the influence of intoxicating liquor or drugs …

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What is Aggressive Driving?

The class 1 misdemeanor of aggressive driving occurs when a driver speeds, commits at least two civil traffic violations, and is an immediate hazard to another person or vehicle according to A.R.S. §28-695. The speeding can be either a civil traffic offense (A.R.S. § 28-701(A)) or a class three misdemeanor of excessive speed (A.R.S. §701.02).  …

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Gary L. Rohlwing – Domestic Violence & Substance Abuse Attorney

If you are charged with domestic violence and your substance abuse is part of the problem, you may be able to get a lesser penalty by presenting clear evidence of how it affected your brain and caused the domestic violence.  Your lawyer should be able to: Show that your substance abuse caused the domestic violence …

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Common Factors That Increase Your Blood Alcohol Content

These Are Some Of The Most Common Areas That Can Increase Your Chances of Getting a DUI In 2016, statistics revealed that over 27 people died in car crashes caused by drunk driving in Arizona [editing note:  I’m assuming that these people died in 2016 Arizona drunk driving accidents].  Not all drivers intentionally drink and …

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