Our Location

40 N. Central Ave, Suite 2300
Phoenix, AZ 85004

Free Consultation

(602) 307-0808
Call Now, Open 24/7
June 18, 2019
Posted on Author By dmcantor Categories Blog

What Are the Differences Between Jail and Prison in Arizona?

Many people use the terms “jail” and “prison” synonymously. But these two types of facilities have some distinct differences, as much as they have much in common.

When you are facing charges that may lead to prison time, or when you are put in jail for an offense, having the right lawyer on your side can mean the difference between staying locked up or gaining your freedom. At this critical time, you need an experienced criminal lawyer, such as the attorneys at the DM Cantor in Phoenix, Arizona.

Jails of Arizona

Jails are managed by local jurisdictions, cities and counties. These facilities are where people are held for the short term, usually while awaiting a hearing, sentencing, bail to be paid or other court process. When someone is suspected of committing a crime, he or she will be held in a jail as a detainee. Some occupants of city and county jails have been convicted of their crimes and serve a short sentence in the jail instead of being sent to a prison. Read More

June 17, 2019
Posted on Author By dmcantor Categories Blog

Miranda Rights – Your Right to Remain Silent

If you have ever watched law enforcement drama shows on television such as “Cops,” you have likely heard about the Miranda rights being read to someone. This common phrase starts with “you have the right to remain silent.” In these shows, the police officers routinely read people their rights when they take them into custody. You may be unfamiliar with why the Miranda warnings are read and what they are meant to protect. Here is what you need to know about your Miranda rights when you are stopped and questioned by the police in Arizona. Keep in mind, if facing charges, speaking with a defense attorney could mean the difference between freedom and incarceration.

This article discusses:

  • What are your Miranda Rights and How do they protect you?
  • When do they have to be read to you?
  • What if the Police didn’t read your Miranda Rights?
  • What is Self-Incrimination?
  • If you chose to remain silent, can it be used against you?

What Are Your Miranda Rights?

The Miranda rights are your constitutional rights under the Fifth and Sixth Amendments of the U.S. Constitution. A reading of these rights is known as a Miranda warning, and it comes from the U.S. Supreme Court’s landmark decision in Miranda v. Arizona, 384 U.S. 436 (1966). In the Mirandacase, police officers went to the home of Ernesto Miranda, who was suspected of stealing $8 from a bank worker. They asked him to go with them to the police station for questioning. While he was being questioned, he admitted to rape and kidnapping and signed a statement of admission. He was subsequently tried for the kidnapping and rape and was convicted. Miranda appealed his case through the Arizona and federal court systems, and the U.S. Supreme Court agreed to hear it.

Click to Read More about Miranda Rights…

June 5, 2019
Posted on Author By dmcantor Categories 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, 910 Surprise DUI Wins, Case Victories, Jury Trial Victories, Surprise City Court Victories

State v. Ms. G (DMC No. 15767)

Not Guilty/Complete Acquittal at Jury Trial – Super Extreme DWI, Extreme DWI DUI & DWI (.268 BAC) – State v. Ms. G (DMC No. 15767) – Jun 5, 2019 – Surprise City Court (Case No. TR2018-00417):  Ms. G was parked in her SUV on the north side of Cactus Road and various vehicles were driving past her as she would wave them by.  An Officer arrived in order to perform a “motorist assist”.  When he made contact with Ms. G, she smelled strongly of alcohol and he found an open bottle of vodka in the car.  Ultimately, she was placed under arrest after doing field sobriety tests and was taken to the police station.  When she was given a blood test it revealed a .268 blood alcohol (almost 3 ½ times the legal limit). Although she had protested that her car was out of gas, and she was simply sitting in the car, they still cited her with the Super Extreme DWI charge.

At trial, we were able to show that she had indeed run out of gas, and then sat in her car and drank the bottle of vodka while she was parked.  We argued to the jury that her vehicle was merely a “temporary shelter”, while she was waiting for her ride to arrive.  Ultimately, the jury agreed and returned a verdict of Not Guilty on all charges.

June 4, 2019
Posted on Author By dmcantor Categories Blog

Arizona Wrong Way Drivers – Causes, Possible Charges & Defenses

In Arizona, one of the most dangerous types of accidents that may occur is a wrong-way crash. People who are involved in head-on collisions with drivers who are driving the wrong way are much likelier to suffer catastrophic injuries or to die. Drivers who drive the wrong-way may do so for a number of different reasons. If they are under the influence of alcohol or drugs at the time of their accidents, they may face a variety of different types of criminal charges that carry severe penalties.

People who are facing criminal charges for driving the wrong way and causing a collision should seek help from a knowledgeable criminal defense attorney in Phoenix at DM Cantor. Our legal team includes four lawyers who are board certified criminal defense specialists, and we have secured more than 4,700 victories for our clients, including victories in more than 2,900 DUI and vehicular crimes cases.

Wrong-Way Car accidents vs Other Types of Collisions

Wrong-way driving occurs when a driver drives his or her vehicle in the wrong direction on a highway, freeway, or road. According to the Federal Highway Administration, an average of 300 to 400 people are killed in the U.S. each year because of collisions with wrong way drivers. While this number represents just about 1% of the total number of traffic fatalities that happen each year, wrong-way collisions tend to be much more serious than other types of accidents. This is because these accidents often occur on highways and freeways where the speed limits are higher.

According to a study that was completed by the Arizona Department of Transportation reporting from 269 wrong-way crashes during a 10-year span from 2004 to 2014, 25% of wrong way crashes involve fatalities. Among other types of collisions on highways, only 1% involve fatalities. A large majority of wrong-way accidents occur between the hours of 6 p.m. and 6 a.m., and 65% of the crashes are caused by drivers who are under the influence of alcohol or drugs. AZDOT also found that 57% of these crashes happen on the weekends.

Because of the problem of wrong-way driving in Arizona, Gov. Doug Ducey signed HB 2423 into law in March 2018. This law amended multiple statutes and made wrong way driving while under the influence of alcohol or drugs a felony offense. It is crucial for people who are charged with a wrong-way driving offense to seek help from an experienced criminal defense lawyer as soon after they have been charged as possible. An attorney at DM Cantor may identify all of the possible defenses to the charge and work to build the strongest defensive strategy for his or her client.

Continue Reading About Criminal Charges and Possible Defenses…

May 31, 2019
Posted on Author By dmcantor Categories 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, 911 Tempe DUI Wins, Case Victories, Jury Trial Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Mr. C (DMC No. 15766)

Not Guilty/Complete Acquittal at Jury trial – DUI & DWI (.123 BAC) – State v. Mr. C (DMC No. 15766) – May 31, 2019 – Tempe City Court (Case No. 19-000913):  Mr. S worked the night shift for his job and usually slept in the day.  On this particular day, he stayed up and did some maintenance work putting flooring into his house.   He then took a nap at around noon time.  Later on he woke up at around 6 o’clock got up and got ready and met his friends at the Cornish Pasty in Mesa, Arizona. While he was there he drank 2 to 3 beers.

He left with a friend of his and drove her car as a designated driver.  He was subsequently pulled over by an undercover Officer at about 12:30 a.m.  The Officer said that he was weaving into the bike lane, and Mr. S responded that he was distracted by his passenger trying to give him directions to her house.  He was pulled out of the car and asked to do field sobriety tests.

While he was doing these tests, he performed very well.  He kept his foot up for all 30 seconds during the one leg stand test.  In addition, he conducted a walk and turn test in which the officer said he had stepped off the line numerous times.  At jury trial we were able to show the officer’s chest cam video proving that Mr. S had not stepped off the line at all.  In addition, all of the field tests showed that he looked rock solid.   He later provided a breath test which produced a reading of .123 BAC.

Because his field sobriety tests were done so well, they did not match up with the .123 BAC reading.  We also had our Expert Witness attack the validity of the breath test, as he pointed out numerous flaws in the breath testing science and the maintenance of that particular device.  Ultimately, the jury went out and deliberated and came back and returned a verdict of Not Guilty on all charges.

May 29, 2019
Posted on Author By dmcantor Categories Blog

OUI (DUI on a Boat) Increases During Summer in Arizona

During the summer months in Arizona, a greater number of people head to the popular lakes and waterways for boating and other recreational activities. Boat operators should be aware that operating boats while they are impaired by alcohol is illegal in Arizona. If boat operators operate their boats while they are drinking, they may face criminal charges and potential penalties. So the main question is: can you get a DUI on a boat? Yes.

What are the Laws in Arizona about Consuming Alcohol while Boating?

In Arizona, operating a motorized watercraft on the lakes and waterways of the state while you are under the influence of alcohol is illegal under A.R.S. 5-395 – Operating Under the Influence. According to the law, you may be charged with an OUI offense if you have a blood alcohol concentration of 0.08% or higher, which is the same standard for a DUI in a vehicle. However, the law also allows an OUI charge if you are impaired to the slightest degree when you are operating a boat. This means that it is possible for you to be charged with an OUI if you have any measurable amount of alcohol in your bloodstream and have been observed boating in an erratic manner.

During the summer months, many people head to the lakes and other waterways to hike, swim, fish, and boating. Because of the large number of people in and on the lakes, law enforcement agencies work together with officers from the Arizona Game and Fish Department to patrol the waterways and to detect boat operators who are operating their boats while drinking. Boat operators who are suspected of operating their boats while they are impaired by alcohol may be stopped and charged with OUI offenses.

Watch this video of David Cantor explaining what is an OUI in Arizona:

Boat Accident Statistics

According to the U.S. Coast Guard Auxiliary Office, 4,291 boat accidents occurred in 2017 in the U.S., injuring 2,629 people and killing 658. In Arizona, there were 123 boating accidents during that year that resulted in 77 injuries and 13 fatalities. The Coast Guard reports that alcohol use was a leading cause of fatal boating accidents in a majority of the cases. The top five leading contributing factors to fatal boating accidents include the following:

Click Here to Read Full Article…

May 28, 2019
Posted on Author By dmcantor Categories Blog

When Does Possession of Marijuana Become Intent to Sell?

Conviction of possession of marijuana or intent to sell charges lead to serious punishment in Arizona. Under state law, “marijuana” refers to any or all parts of the cannabis plant from which the resin has not been extracted. The plant may be growing, dead, or just in the form of unsterilized seeds capable of germination. Police and prosecutors work closely together to ensure as many convictions as possible are delivered on cases of possession or sale of these plants, with felony convictions resulting in jail time, prison, expensive fines and other penalties.

When Marijuana Possession Becomes Intent to Sell

Arizona Revised Statute, ARS 13-3405 states, “A person shall not knowingly possess or use marijuana” or “possess marijuana for sale.” But what makes possession of marijuana “intent to sell?” The statute defines possession of marijuana for sale as meeting three standards beyond a reasonable doubt:

  • You knowingly possessed marijuana
  • The substance is confirmed as marijuana
  • The possession is for the purpose of sale

Read More

May 26, 2019
Posted on Author By dmcantor Categories Blog

What is the Admin Per Se, Implied Consent Form?

When a driver in Arizona is suspected of driving under the influence of alcohol or drugs (DUI), that driver is provided with an Administrative Per Se Implied Consent Affidavit. Also know as the “Admin Per Se Form”, this Affidavit is a combination of Arizona DUI laws pertaining to ARS 28-1321 and ARS 28-1385 of the Arizona Revised Statutes.

The Admin Per Se Implied Consent Affidavit is a restatement of laws applying to arrest and suspicion of DUI, particularly that the person must consent to a breath, blood or urine test at the officer’s discretion. Drivers are first exposed to these laws when they obtain their driver’s license. Without individual signed consent at the time of licensure, a driver is not permitted a license.

Just as the Miranda Rights are always required to be read as an indication of individual rights and procedure during arrest, the Admin Per Se Implied Consent Affidavit is read to the arrested party, suspected of DUI, to remind them that they have already – by nature of having an Arizona driver’s license – provided consent for chemical testing when suspected of a DUI. Read More

May 24, 2019
Posted on Author By dmcantor Categories Blog

In Arizona, What Is “No Actual Physical Control”

A conviction of a DUI, driving under the influence of alcohol or drugs in the state of Arizona, is reliant on proof that you were actually driving the vehicle while intoxicated. Where things become a bit “gray” is under the term of “no actual physical control”. No actual physical control is a confusing concept to many drivers in the state.

The definition of actual physical control of a vehicle is determined under a variety of factors with the courts using “totality of the circumstances” to determine whether a driver had actual physical control of their vehicle while intoxicated. If actual physical control is deemed to have existed, then a DUI charge can be enforced.

When you are facing DUI charges, it is very important that you have an experienced lawyer on your side. David Michael Cantor is a Phoenix DUI attorney who has helped change the laws of the state of Arizona in regard to actual physical control. The case which resulted in changes for all state residents was State v. Love, heard in the Supreme Court of Arizona in 1995. If you are up against DUI charges and penalties, DM Cantor can help you win your case. Read More

May 20, 2019
Posted on Author By dmcantor Categories Blog

False DUI Breathalyzer Results from Foreign Substances

When you are suspected of DUI and administered a breathalyzer test, there are a multitude of substances that can affect your test results. Even if you have not been drinking alcohol, you can still be arrested if your breathalyzer test registers over the national legal limit of 0.08 percent for blood alcohol content (BAC).

When a proper defense is needed for your breathalyzer test results as part of a DUI case, it is important to get the help of a lawyer as soon as possible. Your criminal defense attorney can help you build a strong, aggressive defense against these charges.

What Causes Breathalyzers to Register Positive for BAC?

When you have not been drinking, but have a positive result for BAC during a breathalyzer test, there are several things that may have caused this “false positive.” These include asthma inhalants, administered by patients directly through a device much like a breathalyzer, called an inhaler. Read More

1 … 19 20 21 22 23 … 176
Call Now Button