Protesting is a fundamental right under the First Amendment of the U.S. Constitution. However, protests can go wrong and become riots or unlawful assemblies – sometimes resulting in the detainment or arrest of protesters. In some cases, the police have even been known to unlawfully detain protesters for any reason or no reason at all. Learn how to defend your rights if you get arrested at a protest.
The Right to Take Pictures or Video
If you witness someone else getting arrested at a protest, or if you can still use your phone after being detained for protesting, you…
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For centuries, protests have been a way for the public to make changes on a political, social or economic level. Protesting is an important form of freedom of speech, as well as a way for the public to petition the government. It is protected under the First Amendment of the U.S. Constitution. However, this does not mean that the police won’t look for reasons to arrest protesters.
Your Right to Protest Is Protected by the Constitution
The First Amendment states that Congress can make no law abridging the people’s right to freedom of speech, freedom of the press, to peaceably…
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In Arizona, you could be charged with the crime of resisting arrest on top of the crime(s) for which you were arrested to begin with. If the resisting arrest charge sticks, you could face serious additional penalties – including a felony conviction. A criminal defense attorney in Phoenix can help you combat the criminal charge of resisting arrest as part of your defense strategy.
What Constitutes “Resisting Arrest?”
According to Arizona Revised Statutes Section 13-2508, a person commits the crime of resisting arrest by intentionally preventing or attempting to prevent a law enforcement officer from effecting an arrest by…
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False arrest, also known as false imprisonment, is a wrongdoing that is committed by the police when they take someone into custody without legal authority. False arrest can also involve a private party holding someone against their will. It is a crime as well as a civil tort in Arizona, which means a victim of false arrest can file a lawsuit for financial compensation against the perpetrator.
What Makes an Arrest Unlawful?
Being detained, restrained, imprisoned or held by someone without legal authority is false arrest. This includes being detained or arrested by the police if the law enforcement…
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Ghost guns have become more of an issue in recent years. Ghost guns are homemade, untraceable firearms that are often made with do-it-yourself kits or 3D printers. Ghost guns are allowed in most states, including Arizona. Getting caught with a ghost gun under the wrong circumstances, however, can still lead to legal trouble.
What Is a Ghost Gun?
A ghost gun is a homemade firearm. These weapons are untraceable by law enforcement, as they do not come from licensed manufacturers. They do not contain serial numbers that law enforcement typically uses to track where a firearm goes and whom it…
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Although Arizona has a reputation for strict laws and enforcement, it is permissive when it comes to firearm laws. In Arizona, the law allows any person who is 18 or older to open carry a firearm, and anyone who is at least 21 years old to conceal-carry a firearm without requiring a permit – including carrying it in their vehicles. This is known as a Constitutional Carry Law. Arizona was the third state after Vermont and Alaska to enact this law.
The Law on Carrying a Gun in Your Car in Arizona
In Arizona, the state’s gun laws allow adults…
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Arizona is known for its strict criminal laws and penalties. On April 1, 2021, however, Governor Doug Ducey signed House Bill (HB) 2067 into law, which eases the restrictions on obtaining occupational licenses for people with criminal histories. With the passing of HB 2067, people who have been convicted of certain criminal offenses in Arizona have the opportunity to seek a Certificate of Second Chance – opening the door to greater occupational licensing, employment and housing opportunities.
What Is Arizona House Bill 2067?
House Bill 2067 amends Arizona Revised Statutes Section 13-905, which is the law that allows people…
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The expungement of an arrest or conviction record means that the courts seal or erase a person’s criminal record, blocking it from view by employers, landlords and others. Unlike most states, however, Arizona does not allow for record expungement. Instead, eligible parties can apply to have their convictions set aside. Find out if you are eligible for having your conviction set aside with assistance from an attorney.
What Is the Difference Between Expungement and Setting a Conviction Aside?
With record expungement, the courts seal or erase the record, making it as though it never existed. To most people and agencies,…
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Being convicted of a crime in Arizona will create a permanent criminal record. The more you know about criminal records, including how to look them up and who has access to them, the better you will understand your own situation if you have been convicted of a misdemeanor or felony in Arizona. Knowledge about criminal record searches can allow you to be more proactive in understanding, correcting and setting aside your criminal record.
How to Obtain a Criminal Record Report in Arizona
A criminal record may be stored in multiple locations by several different agencies, including law enforcement offices, state…
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If you are a documented or undocumented immigrant living in the United States, being convicted of a drug crime could lead to your deportation, or removal from the country. Most drug crimes are grounds for deportation, even if you have a visa or green card. You should consult with a drug crime defense lawyer in Phoenix as soon as you can after being accused of or arrested for a drug crime in Arizona as an immigrant.
Deportation and Drug Crime Charges
You can be deported for committing a crime even if you are a lawful permanent resident or you hold…
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A controlled substance is an illegal drug that is regulated by the federal and state governments. A controlled substance means that the government has chosen to regulate the drug on a legal level due to its potential to harm a person’s health and welfare. If you are caught using or in possession of a controlled substance in Arizona, you could face criminal charges and consequences such as fines and jail time. For more information about controlled substances and related criminal charges, contact a criminal defense lawyer in Phoenix from AZ Defenders.
Federal Laws for Controlled Substances
A controlled substance is…
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Arizona is clear in its anti-drug laws: the possession or use of any illicit substance is illegal and can result in criminal charges for felony drug possession. Depending on the type of drug in your possession, the amount involved, your intent for possessing the drug and your criminal history, the penalties for drug possession in Arizona can be severe. It is important to consult with a criminal defense lawyer in Phoenix as soon as possible if you are facing charges for drug possession.
Types of Drug Possession Charges
The crime of drug possession means that you exercised control over an…
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