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Sentencing can feel like the moment when everything turns personal. The court is no longer deciding guilt or innocence, but it is deciding how much punishment to impose. This is also where people sometimes hear comments about “remorse,” “accepting responsibility,” or “taking accountability.” Arizona law draws a clear boundary here. A judge may not punish…

Old cases do not have to define your future. Employers, landlords, and licensing boards often run background checks, and a dated conviction can still cause problems. Arizona now offers two main forms of relief for many people with past cases. Understanding the difference between a set aside and record sealing helps you choose the option…

Arizona courts recently clarified a key question about aggravated DUI charges that involve wrong-way driving. The Court of Appeals held that the “wrong-way on a highway” aggravator in A.R.S. Section 28-1383(A)(5) works as a strict-liability element. In plain terms, prosecutors do not have to prove you knew or should have known you were traveling against…

If you are facing a weapons misconduct or assault charge in Arizona and believe your actions were justified, your ability to raise that defense later depends entirely on what was requested at trial. A June 2025 decision from the Arizona Court of Appeals explains how justification defenses must be preserved and what happens when defense…

If you’ve been arrested in Mesa and questioned by police after a long night, you might wonder whether statements made during that interview can be used against you in court. A recent decision from the Arizona Court of Appeals in State v. Madril, shows that even when you’re exhausted or under the influence, your statements…

If police question you following an arrest, your responses or your choice to remain silent can directly affect the outcome of your case. A recent decision from the Arizona Supreme Court confirms that partial silence after receiving Miranda warnings may be used to question a person’s credibility at trial. This ruling highlights the importance of…

In Arizona, what might start as a straightforward criminal charge can quickly escalate into something far more serious when prosecutors tack on aggravating factors. Things like prior convictions, especially for violent offenses, can turn a bad situation worse. But even without a criminal record, other elements—like committing a crime while impersonating an officer, targeting a…

In the recent case of State v. Schalk, the Arizona Court of Appeals upheld the convictions of David Schalk for kidnapping and aggravated assault. This decision provides insight into the appellate process and underscores the importance of jury impartiality and the handling of potential biases during trial. Case Background In June 2022, David Schalk and…

If an officer detains you because he suspects you have committed a crime, you have certain rights under the law. These interactions can be frustrating and intimidating, which makes it important to understand ahead of time what you can and cannot do. One question our clients have sometimes asked is whether the officer can ask…

A person’s handwriting can come back to haunt them, and evidence in the trial court’s record of the defendant’s handwriting can end up helping the prosecution meet its burden to prove a defendant guilty. In a recent case before the Arizona Court of Appeals, Division Two, the defendant appealed a trial court’s decision to admit…