While Arizonans have had more than a year to get used to legalized recreational marijuana laws in the state, many remain unaware of some of the legal changes that have accompanied its legalization. People need to understand the effect of recreational marijuana on various criminal laws and the differences between the laws surrounding recreational vs. medical marijuana.
Even though it is legal for adults 21 and up to possess and consume small amounts of marijuana, people can still be charged with marijuana offenses if they do not follow the laws.
An experienced criminal defense lawyer at the Shah Law Firm can help you understand these laws and what you should avoid preventing yourself from being charged with a marijuana-related crime in 2022.
How Legalized Recreational Marijuana Laws have Changed in Arizona?
During the 2020 election, Arizona voters passed Proposition 207, which resulted in the legalization of recreational marijuana. This bill came 10 years after voters passed Proposition 203 in the Nov. 2010 election, which legalized medical marijuana. Like the earlier medical marijuana law, Proposition 207 caused numerous changes to how marijuana possession is treated in the state.
Before recreational marijuana was legalized, people caught with any amount of marijuana under two pounds could be charged with a class 6 felony under ARS 13-3405. However, Proposition 207 created a new chapter in Title 36 of the Arizona Revised Statutes called the Responsible Adult Use of Marijuana.
This chapter includes multiple statutes that govern the recreational use of marijuana, including where it can be used, who can use it, the amounts that people can legally possess, and others.
Under ARS 36-2852, for example, adults ages 21 and older can legally possess up to six plants, five grams of marijuana concentrate, or one ounce of cannabis.
However, if you possess more than the above-listed legal amounts of marijuana, you can still face charges as follows:
- More than one but less than 2.5 ounces as a first offense – Civil offense with a fine of $100 under ARS 36-2853
- More than one but less than 2.5 ounces as a second offense – Petty offense that could result in eight hours of mandatory drug education
- More than one but less than 2.5 ounces as a third offense – Class 1 misdemeanor carrying up to six months in jail
The Arizona marijuana laws are different if you are a certified medical marijuana user.
If you are caught with more than 2.5 ounces of marijuana but less than two pounds, you can still face Class 6 felony charges under ARS 13-3405. There are also restrictions on where you can smoke marijuana. Under these new laws, you are technically not allowed to smoke it in open public areas. While Arizonans can now legally grow marijuana plants, you must also follow the restrictions.
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Arrested for Domestic Violence But You Didn’t Start the Fight
/in Aggravated Assault, Assault & Battery, Blog, Criminal Defense, Disorderly Conduct, Domestic Violence, Domestic Violence Charges Defense /by Attorney Arja ShahIn Arizona, being arrested for domestic violence is among the most overcharged types of offenses, and they carry significant penalties. Most domestic violence cases involve minor altercations between partners, spouses, or family members.
The idea that a case will go away if the victim doesn’t press charges is a common misnomer. Prosecutors charge crimes, and it is not up to the victim to decide that the victim doesn’t press charges. You can be charged even if the victim in your case doesn’t want the case against you to go forward.
Being charged with a crime and arrested for domestic violence can subject you to stigma. In some cases, people are charged with this offense when they were not the person who started the fight.
We are experienced in handling cases involving domestic violence charges and are prepared to help you if you’ve been arrested for domestic violence.
Domestic Violence in Arizona
Many people think that domestic violence is a separate crime. However, that is not the case. Under ARS 13-3601, domestic violence is an enhancement that attaches to other offenses based on the relationship the defendant has with the alleged victim.
Any of the following crimes can be charged as crimes of domestic violence:
Most domestic violence offenses involve minor disputes or altercations between partners, spouses, or close family members.
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How Much Does a Scottsdale DUI Cost? How a DUI Lawyer Can Reduce the Financial Burden
/in DUI, Blog, Criminal Defense /by Arja.Shah.LawIf you have been arrested or charged with a Scottsdale DUI, it’s critically important that you act as quickly as you can to ensure that the court knows you take the charges seriously.
But beyond that, it’s important to simply face the consequences, no matter how scary that might seem right now, because a DUI in Arizona will continue to follow you regardless of where you live, and could result in the loss of your driving privileges, even if you received a DUI in Arizona and live out of state.
The good news is that you do not have to face it alone.
How Much Does a Scottsdale DUI Cost, and Why?
The cost of a DUI in Scottsdale will vary depending on a few variables, but mainly, charges are determined by how many prior DUIs you have had in Arizona or elsewhere, depending on what information the court has access to.
Some basic cost guidelines are determined by the judge based on whether this is your first DUI, second DUI, or third DUI within 7 years/84 months. Penalties for any number of DUIs beyond three in a seven-year timeframe will be entirely decided by the judge. Here’s a breakdown of some costs you can expect:
In addition to the above items in the table, you will also be required to:
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What a Second DUI in Arizona Within 7 Years Means?
/in Blog, DUI /by Attorney Arja ShahIf you are arrested for a second DUI in Arizona within seven years, you might think you know what to expect. However, getting a second DUI charge within seven years will subject you to much harsher penalties.
Here is some information you should know about receiving a second DUI in Arizona and what you might expect from the criminal defense attorney at the Shah Law Firm.
What is a Second DUI in Arizona?
Under ARS 28-1381, you can face a second DUI in Arizona charge under the following circumstances:
Under ARS 28-1382, Arizona further classifies DUIs by impairment level as follows:
The penalties for an extreme or super extreme DUI offense in Arizona are higher than they are for regular DUIs.
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What Arizona Gun Rights Do I Have if Convicted of a Crime?
/in Blog, DUI /by Attorney Arja ShahMany people in Arizona are convicted of misdemeanors or felonies each year. Misdemeanor crimes are considered to be less severe than felony crimes.
Below is some information about the types of crimes that can lead to a loss of your Arizona gun rights and when or if it is possible for a Restoration of Gun Rights from the Shah Law Firm.
Can You Lose Your Arizona Gun Rights for a Misdemeanor Conviction?
Many types of misdemeanor crimes will not result in a loss of your civil rights, including your Arizona gun rights. However, if you are convicted of a misdemeanor crime of domestic violence, you will lose your right to own or possess firearms. This is because of the federal Domestic Violence Offenders Act, which was passed by Congress in 1997 and amended the 1968 Gun Control Act.
This law is codified at 18 USC 921 et. seq. Under 18 U.S.C. § 922(g)(9), it is unlawful for anyone who has been convicted of a misdemeanor crime of domestic violence to buy, sell, own, or possess a firearm.
Even if you don’t have a misdemeanor or felony conviction, you can also lose your Arizona gun rights if you are the subject of a restraining order preventing you from contacting or harassing someone with whom you have had a domestic relationship.
Under 18 U.S.C. 922(g)(8), you cannot own, possess, purchase, or transport a firearm if you are the subject of a restraining order when the court finds that you pose a credible threat to the named victim or that prohibits you from making threats of force against the named victim.
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Tips to Avoid Boating DUI/OUI Charges on Memorial Day DUI Weekend
/in Blog, DUI, Marijuana Related /by Attorney Arja ShahThe upcoming weekend means that the cooler days of spring are quickly ending. More people will be headed out to vacation destinations, popular nightlife spots, lakes and rivers, and concerts. This also means an increase in the Memorial Day DUI arrests.
While Memorial Day weekend can be a fun way to welcome the summer, it is also important for you to ensure that you avoid getting charged with a DUI on a boat or while driving. Many people head to popular spots where they consume alcohol while also participating in other events. This means that law enforcement authorities throughout the greater Phoenix area will be on alert and watching for impaired drivers.
Out of the people who were arrested, 138 were arrested for extreme or super-extreme DUIs with blood alcohol concentrations of 0.15% or higher. The state also reported that 157 people were arrested and charged with drugged driving. The total number of Memorial Day DUI arrests during the weekend in 2021 significantly increased compared to the 409 arrests in 2020, which Covid had an influence over.
Whether you are planning to attend a backyard barbecue, spend time with your family, head out on the town, or go to popular lakes or rivers, you can be sure that the police will be out in force to try to catch drunk drivers.
Below is some information you should be aware of during this Memorial Day holiday weekend from the Shah Law Firm.
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Is an Arizona DUI Car Accident a Misdemeanor or Felony?
/in Aggravated Assault, Blog, DUI, Manslaughter, Vehicular Manslaughter /by Attorney Arja ShahDriving under the influence of alcohol or drugs that cause impairment is illegal in Arizona, even including recreational marijuana. These Arizona DUI laws are taken seriously because driving while impaired by alcohol or drugs increases the risk of being involved in a motor vehicle accident.
If you face DUI car accident charges, you should consult an experienced Arizona DUI defense lawyer as soon as possible.
Potential Types of Charges for a DUI Car Accident
If you cause a drunk driving accident, you might face the following types of charges, depending on the circumstances:
Endangerment can be charged as a Class 1 misdemeanor; however, it can also be charged as a Class 6 felony when you are alleged to have placed someone else at imminent risk of serious injury or death. This means that you could face felony endangerment charges if you have a single-car accident with a passenger, even if no one was seriously injured, based on the risk of serious injury or death.
If you caused a DUI car accident in which someone was seriously injured or killed, you would likely face one or more of these types of charges in addition to your DUI charge. Since vehicles can be considered dangerous weapons in criminal charges involving DUI accidents, the cases can be classified as dangerous felony offenses.
How much prison time you might face for a felony charge following a drunk driving accident will depend on multiple factors. These factors include the specific offense of which you are convicted, the victim’s age, whether you have prior felony convictions, and whether the prosecutor alleged the offense as a dangerous felony.
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Arizona Marijuana Laws and Penalties Updated for 2022
/in Blog, Criminal Defense, Drug Crimes, DUI, Marijuana Related /by Attorney Arja ShahWhile Arizonans have had more than a year to get used to legalized recreational marijuana laws in the state, many remain unaware of some of the legal changes that have accompanied its legalization. People need to understand the effect of recreational marijuana on various criminal laws and the differences between the laws surrounding recreational vs. medical marijuana.
An experienced criminal defense lawyer at the Shah Law Firm can help you understand these laws and what you should avoid preventing yourself from being charged with a marijuana-related crime in 2022.
How Legalized Recreational Marijuana Laws have Changed in Arizona?
During the 2020 election, Arizona voters passed Proposition 207, which resulted in the legalization of recreational marijuana. This bill came 10 years after voters passed Proposition 203 in the Nov. 2010 election, which legalized medical marijuana. Like the earlier medical marijuana law, Proposition 207 caused numerous changes to how marijuana possession is treated in the state.
Before recreational marijuana was legalized, people caught with any amount of marijuana under two pounds could be charged with a class 6 felony under ARS 13-3405. However, Proposition 207 created a new chapter in Title 36 of the Arizona Revised Statutes called the Responsible Adult Use of Marijuana.
This chapter includes multiple statutes that govern the recreational use of marijuana, including where it can be used, who can use it, the amounts that people can legally possess, and others.
However, if you possess more than the above-listed legal amounts of marijuana, you can still face charges as follows:
If you are caught with more than 2.5 ounces of marijuana but less than two pounds, you can still face Class 6 felony charges under ARS 13-3405. There are also restrictions on where you can smoke marijuana. Under these new laws, you are technically not allowed to smoke it in open public areas. While Arizonans can now legally grow marijuana plants, you must also follow the restrictions.
Click to Learn More About Arizona Marijuana Laws 2022?…
Can I Lose My Job from a DUI in Arizona?
/in DUI /by BrandzMediaIn Arizona, people who are arrested for DUI are frequently worried about many different things. They might wonder about the potential penalties they might face and how a conviction might impact their lives in other areas. One of the most common concerns people have after being charged with DUIs is about their jobs.
Whether or not you might be fired for a DUI will depend on the type of job you have and your company’s employment policies for criminal convictions, including DUIs. People in Arizona are employed at will, meaning that their employers can fire them for any reason at any time as long as it is not for a prohibited purpose.
The potential impact on your employment is a good reason for you to seek the help of an experienced DUI defense lawyer.
In this article, we’ll take a look at some of the occupations for which a DUI will have a definite impact on a person’s job and discuss some of the things you might do to prevent this type of consequence from occurring to you.
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Do Domestic Violence Charges Increase During the Holidays?
/in Domestic Violence, Aggravated Assault, Assault & Battery, Blog, Criminal Defense, Disorderly Conduct, Domestic Violence Charges Defense /by Attorney Arja ShahMany people think that incidents of domestic violence charges will spike during the holidays. The holidays can be stressful and cause people to take their anger out on those who are closest to them. Several factors can lead to domestic violence incidents during the holidays, including financial stress, unrealistic expectations, increased alcohol use, and being shut inside with immediate family members for extended periods.
During this holiday season, all of these factors are compounded by the impact of the continuing COVID-19 pandemic and the added layers of stress and financial problems it has wrought. While domestic violence cases do happen, some people also lash out at their family members by filing false reports.
People who are facing domestic violence charges should talk to a domestic violence attorney at the Shah Law Firm as soon as possible.
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Increase in Domestic Violence Charges During the Holidays
The holidays bring a lot of added stress to families in Arizona. People can be overwhelmed when they have to plan holiday celebrations. They might also be facing increased financial stress and have unrealistic expectations of their experiences. Holidays can always be overwhelming. However, the 2020-2021 COVID-19 pandemic has added even more stress. Many families are struggling financially and simply do not have the means to celebrate in the way in which they would like.
According to data from the Phoenix Police Department, domestic violence homicides increased by 180% year-over-year during the first eight months of 2020 as compared to the same period in 2019. This demonstrates that people were already under significant stress even before the holiday season got started.
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Arizona DUI in a School Zone, Construction Zone or Airport
/in Blog, DUI /by Attorney Arja ShahBeing charged with a DUI in Arizona can result in stiff penalties. However, you might face other consequences and additional charges if you are charged with a DUI in certain areas, including DUI in a school zone, construction zone, or airport.
Below is some information about DUI charges in these types of areas in Arizona.
DUI on Airport Property in Arizona
In most cases, driving under the influence is a state charge in Arizona. This means that most people will be tried for the offense in Municipal Court, Justice Court, or Superior Court and potentially be sentenced to serve jail time in the county jail. However, there are certain situations in which a DUI can be charged and tried in federal court. The potential penalties for a federal DUI are harsher than for a state DUI charge.
Under the US Code of Federal Regulations 36 CFR § 4.23, people can be charged with federal DUI offenses when they drive with a blood alcohol concentration of 0.08% or higher; or when they are impaired to such a degree that they are incapable of driving by any amount of alcohol or drugs. If a person is arrested for a federal DUI in a state that has stricter laws, the penalties under state law will supersede the federal law.
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