Category: Criminal Defense
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Do You Have to Let Police Search Your Car?
No — you can decline, and in a good many stops the car gets searched anyway. Whether you let police search your car settles one question only, because consent is a single route into a vehicle and there are others. The rest do not depend on your agreement at all. Working out which route an…
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Do You Have to Answer Police Questions?
In most encounters the answer is no — you do not have to answer police questions, and the Fifth Amendment stands behind that. The complication is that the right is not self-executing. Staying quiet and invoking the privilege are different acts, and courts treat them very differently. What an officer may ask, what you must…
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Do You Have to Show ID to the Police?
Whether you have to show ID to the police depends on which of three constitutionally distinct encounters is taking place. It is not a general duty to carry a card at all times. The Supreme Court drew the first dividing line in Florida v. Bostick, 501 U.S. 429 (1991). An encounter is consensual, and no…
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Can Police Search Your Phone Without a Warrant?
Riley v. California, decided in 2014, established the modern baseline: police search your phone only with a warrant once you’re under arrest, not as a matter of routine, because the Supreme Court concluded a phone is not a cigarette pack. The old rule let officers search an arrestee’s pockets on the spot, no warrant needed.…
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What Does It Mean to Be Read Your Miranda Rights?
Miranda v. Arizona, decided in 1966, did not require officers to read your Miranda rights to everyone they arrest. It required a warning only when officers question someone already in custody, and the case took its name from a defendant who confessed after hours of unwarned interrogation. That gap between arrest and interrogation, in fact,…
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Arizona Background Check Arrest Record: What Shows Up Even Without a Conviction
An Arizona background check arrest record can show up even when the case never led to a conviction. That surprises a lot of people. Most assume “not guilty” or “case dismissed” makes the record disappear. It doesn’t, at least not automatically. Understanding where background check data actually comes from explains why. What an Arizona background…
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Expunge a Criminal Record in Arizona: Set-Aside vs. Sealing Explained
Arizona doesn’t offer expungement in the way most people picture it. Anyone searching how to expunge a criminal record in Arizona usually finds two different remedies instead: setting aside a conviction under A.R.S. § 13-905, or sealing a record under A.R.S. § 13-911. They sound similar. They don’t do the same thing. How to expunge…
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Arizona’s Repetitive Offender Sentencing: What Prior Convictions Trigger
Repetitive offender sentencing Arizona courts apply doesn’t use the phrase “three strikes,” but the underlying idea is similar. Under A.R.S. § 13-703, a felony conviction gets sentenced within a substantially higher range once the defendant has one or more prior “historical prior felony convictions.” How many priors qualify decides which sentencing category applies. The three…
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Domestic Violence Charges in Arizona: How the Case Differs From a Regular Assault Charge
A domestic violence charge Arizona prosecutors bring isn’t a separate crime on its own. Under A.R.S. § 13-3601, “domestic violence” is a label attached to an existing offense. It can attach to assault, criminal damage, disorderly conduct, and more than a dozen others. The label applies when the accused and the alleged victim share a…
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Arizona Diversion Programs: Who Qualifies to Avoid a Conviction Entirely
A diversion program Arizona offers something a plea agreement can’t: a path through the case that ends without any conviction on the record. Rather than resolving guilt through a plea, diversion pauses prosecution while the defendant completes specific conditions. Successful completion dismisses the charge entirely. Eligibility gets set at the county level, not by a…