Thursday, April 11, 2024

False Positive Breathalyzer Test: Understanding and Contesting a DUI Charge in Arizona

Feature Article: Uncovering the Truth Behind False Positive Breathalyzer Tests

Getting pulled over for suspected DUI is a intimidating experience for most drivers. The anxiety and embarrassment of being asked to take a breathalyzer test, followed by seeing a false positive result that could lead to serious consequences, can be devastating. In this feature article, we'll explore the truth behind false positive breathalyzer tests, their potential consequences, and what you can do to contest them.

The Science Behind Breathalyzer Tests

A breathalyzer is a device used to measure a person's blood alcohol concentration (BAC) by analyzing their breath. When a person consumes alcohol, it enters their bloodstream and is carried throughout their body, including their lungs. As a result, alcohol molecules are exhaled through the breath, and the concentration of alcohol in the breath can be measured by the breathalyzer.

However, there are several factors that can affect the accuracy of breathalyzer tests. For instance, the device may not be calibrated correctly, the person administering the test may not have followed proper procedures, or the person being tested may have a medical condition or have recently used mouthwash or breath freshener, which can cause false positive readings.

The Consequences of False Positive Breathalyzer Tests

A false positive breathalyzer test can have serious consequences, including a DUI charge, license suspension, hefty fines, and even jail time. A driver may also face higher insurance rates or restrictions on their driving privileges. Additionally, a DUI conviction can negatively impact a driver's employment and personal life, making it important to fully understand the accuracy and reliability of breathalyzer tests.

Contesting False Positive Breathalyzer Test Results

If you've received a false positive result from a breathalyzer test, it's essential to take action to protect your rights. First, it's important to gather as much evidence as possible to support your case. This may include obtaining a second opinion from a trusted medical professional, documenting any relevant medical conditions or medications you may be taking, or challenging the device's calibration or administration of the test. Additionally, it may be helpful to hire a knowledgeable DUI attorney who can help guide you through the process and provide legal representation.

One common method of contesting a false positive breathalyzer test result is to argue that the device was not calibrated correctly or that the officer administering the test did not follow proper procedures. Another strategy may be to challenge the test results by presenting evidence that demonstrates that the driver was not impaired at the time of the stop. This may include witness testimony, video footage, or other relevant evidence.

The Importance of Legal Representation

When facing a DUI charge based on a false positive breathalyzer test result, it's essential to seek legal representation. A skilled DUI attorney can help you understand the legal system and your rights, work to build a strong defense case, and represent you in court. They can also negotiate with prosecutors and judges on your behalf to help you achieve the best possible outcome in your case.

Protecting Yourself From False Positive Breathalyzer Tests

While it may not be possible to completely eliminate the risk of a false positive breathalyzer test, there are steps you can take to protect yourself. First, avoid alcohol or any other substance that can impact your ability to drive before getting behind the wheel. Additionally, be cognizant of what you eat or drink before driving. For instance, some foods and drinks, such as energy drinks, can cause false positive readings. Lastly, if you are pulled over for suspected DUI, be respectful and cooperative with law enforcement, but avoid saying or doing anything that could potentially incriminate you.


A false positive breathalyzer test result can have serious consequences, but with the right knowledge and support, you can contest the results and protect your rights. Remember, if you've received a false positive breathalyzer test, it's important to remain calm and consult with a knowledgeable DUI attorney as soon as possible. With the right legal representation and a strong defense, you can fight the charges and get back on track.

False Positive Breathalyzer Test-False,Contesting

Monday, April 1, 2024

Auditory Processing Disorder (APD) Testing Services for All Ages

Auditory Processing Disorder (APD) Testing Services for All Ages

Auditory Processing Disorder (APD) is a common condition that affects how the brain processes auditory information. When someone has APD, they might struggle to understand what is being said, especially in noisy environments. While it is more common in children, adults can also be affected.

Understanding Auditory Processing Disorder

Auditory Process Disorder, commonly referred to as APD, is characterized by difficulties in processing auditory information efficiently. The brain and hearing mechanisms may not work harmoniously, leading to challenges in hearing and understanding speech correctly.

What Causes Auditory Processing Disorder?

The core of APD lies in the interference of the signal transfer from the inner ear to the brain. Children or adults with APD might find it challenging to grasp all sounds clearly, leading to difficulties in understanding spoken communication effectively.

Signs and Symptoms

Recognizing the signs of Auditory Processing Disorder (APD) is crucial:

  • Difficulty understanding speech, especially in noisy places.
  • Struggles in following directions accurately.
  • Inability to discriminate between similar speech sounds.
  • Requesting repetitions or clarifications often.
  • Challenges in academic settings, such as reading and comprehension.

Testing for APD

Diagnosing APD requires a series of comprehensive tests conducted by an audiologist. These evaluations assess the individual's ability to process a variety of auditory signals. Testing for APD is critical to determine the proper intervention and support required for the individual.

Can APD be Treated?

Yes, treatments for APD are highly individualized. They focus on enhancing the learning environment, developing compensatory skills, and addressing the auditory deficit itself. With the appropriate interventions, individuals with APD can experience improvements in their auditory processing capabilities.

Frequently Asked Questions

  1. Is auditory processing disorder a form of ADHD?
  2. Does auditory processing disorder get worse with age?
  3. What age can you test for auditory processing disorder?

For more information on Auditory Processing Disorder and diagnostic services, visit Professional Audiological Services Inc..


Monday, March 18, 2024

Understanding Arizona Stalking Laws: ARS 13-2923

Investigative Article: Examining the Implications of Arizona Stalking Laws

Stalking is a serious offense that can lead to devastating consequences for victims. It is a pattern of behavior that instills fear and can even lead to physical harm. As such, Arizona lawmakers have created laws to address stalking and protect victims. ARS 13-2923 is one such law that defines stalking and outlines the legal actions that can be taken against a stalker. In this investigative article, we will take a deep dive into the nuances of ARS 13-2923 and examine its implications.

The Definition of Stalking

ARS 13-2923, as mentioned earlier, defines stalking as a course of conduct directed at a specific person. This conduct instills fear in the victim and causes substantial emotional distress. The behavior can include following, monitoring, or communicating with the victim in a way not authorized by law. But what does this mean in practical terms?

Stalking can come in many forms, including but not limited to:

  • Repetitive phone calls or text messages
  • Showing up uninvited to the victim's home or workplace
  • Following the victim's movements
  • Sending unwanted gifts or letters
  • Posting information or messages about the victim online

What distinguishes these actions from harmless behavior is the pattern and persistence of the stalker's behavior. The victim must reasonably fear for their safety or suffer substantial emotional distress.

The Implications of ARS 13-2923

ARS 13-2923 has significant implications for both victims and the accused. For victims, the law provides a remedy to protect themselves from stalkers. They can seek protection orders, which prohibit the stalker from contacting or coming near the victim. A violation of the protection order will result in legal consequences for the stalker. Additionally, the law offers criminal penalties for stalking, including imprisonment and fines.

For the accused, ARS 13-2923 can lead to severe consequences. Stalking charges may limit job opportunities and harm the accused's reputation. If found guilty, the offender may face jail time and hefty fines. Additionally, they may be required to attend counseling or therapy to address their behavior. It is important to note that, in some cases, the accused may not even realize the harm they are causing. Regardless, the law deems stalking as an offense, and it is up to the accused to prove their innocence.

Preventing Stalking

While ARS 13-2923 provides legal action against stalkers, it is ultimately up to the individual to prevent stalking from occurring. Here are some tips for preventing stalking:

  • Be cautious of the information you share online, including social media profiles and geotagged posts
  • Trust your instincts. If you feel uncomfortable or anxious around someone, take action to protect yourself
  • Do not engage with the stalker, including responding to phone calls or text messages
  • Notify the authorities of any suspicious behavior or threats
  • Seek support from friends, family, or support groups

The Importance of Taking Action

Stalking is a serious issue, and it is imperative to take action to protect victims and prevent future occurrences. ARS 13-2923 serves as a legal framework to deter stalkers and provide victims with the necessary resources to protect themselves. However, the effectiveness of the law relies on proper implementation and enforcement. It is essential for law enforcement officials to recognize the signs of stalking and take action accordingly. Moreover, it is up to individuals to educate themselves and others on the dangers of stalking.

The implications of ARS 13-2923 reach far beyond the boundaries of Arizona. The law sets a precedent for other states to follow in addressing stalking and protecting victims. It is a reminder of the importance of taking stalking seriously and the gravity of its consequences.


ARS 13-2923 serves as a critical legal instrument in protecting victims of stalking. It defines stalking and outlines the legal repercussions for perpetrators. However, it is up to individuals and law enforcement officials to take action to prevent stalking from occurring. By following prevention tips and recognizing the signs of stalking, we can protect ourselves and others from its devastating consequences.

Don't hesitate to seek help if you are a victim or know someone who is. Together, we can raise awareness and prevent stalking from claiming any more victims.


Monday, March 4, 2024

False Positive Breathalyzer Tests: Understanding DUI Charge Possibilities in Arizona

Feature Article

The Controversy of False Positive Breathalyzer Tests and How to Contest Them

Being pulled over for suspicion of driving under the influence can be a nerve-wracking experience, especially if you feel confident you have not consumed enough alcohol to be over the legal limit. However, a breathalyzer test can create a false sense of guilt, leading to a DUI charge even if you are innocent. This Feature Article will explore the controversy of false positive breathalyzer tests and provide insight on how to contest them in court.

What is a False Positive Breathalyzer Test?

A false positive breathalyzer test is when the device indicates a BAC level above the legal limit of 0.08%, even when the driver has not consumed enough alcohol to be over the limit or has not consumed any alcohol at all. False positives can occur due to several factors, such as:

  • Mouthwash or breath fresheners
  • Medications or medical conditions
  • Diet or recent food intake
  • Improper breathalyzer calibration or administration

Despite the prevalence of false positives, many states, including Arizona, still maintain laws that allow for DUI charges based on BAC readings from breathalyzers, even if the readings are inaccurate.

The Gray Area of "Impairment to the Slightest Degree"

Arizona's DUI statutes go beyond traditional BAC levels and include a provision for "impairment to the slightest degree." This means that a DUI charge can be brought against a driver who has a BAC below the legal limit or even if there is a false positive, simply because the officer believes the driver's ability to operate a vehicle was impaired in any way.

However, this leaves room for interpretation and often puts innocent drivers in the difficult position of trying to prove their sobriety in court.

Contesting a False Positive Breathalyzer Test in Court

If you have been charged with a DUI based on a false positive breathalyzer test, you have the right to contest the accuracy of the test in court. Here are some steps to take to increase your chances of a successful defense:

1. Question the Breathalyzer's Calibration and Maintenance

Breathalyzers must be regularly maintained and calibrated to ensure accurate readings. If the device used to test your BAC was not calibrated correctly, it may have produced an inaccurate reading, resulting in a false positive.

2. Challenge the Administration of the Test

The way in which the breathalyzer test was administered could affect the accuracy of the test results. For example, if the test was not administered according to protocol or if the officer did not allow for a sufficient waiting period before administering the test, the results may be compromised.

3. Consider Medical or Dietary Reasons for a False Positive

Medical conditions such as acid reflux, diabetes, or liver disease can cause false positives on breathalyzer tests. Certain diets that include high amounts of protein or low-carb foods can also affect the results of breathalyzer tests.

4. Hire an Experienced DUI Attorney

Contesting a DUI charge based on a false positive breathalyzer test is a complex legal process that requires knowledge and experience in DUI defense law. Hiring an experienced DUI attorney can significantly improve your chances of a successful defense.

The Bottom Line: You Can Contest a False Positive Breathalyzer Test

A false positive breathalyzer test can have serious consequences, including a DUI charge, license suspension, and, in some cases, even jail time. However, it is important to remember that a DUI charge based on a false positive is not definitive and can be contested in court. By understanding the factors that can cause false positives and hiring an experienced DUI attorney to represent you in court, you can fight to clear your name and avoid the negative consequences of a false DUI charge.

If you or someone you know has been charged with a DUI based on a false positive breathalyzer test, visit to learn more and get the help you need to contest the charge.


Saturday, February 24, 2024

Opinion Article

Aggravated assault with a deadly weapon is a serious crime and carries severe penalties. The consequences of this offense can be life-altering, with the potential for long-term prison sentences, hefty fines, and a criminal record that can follow an individual for the rest of their life.


Imagine being the victim of an aggravated assault with a deadly weapon. You are left traumatized, with physical and emotional scars that can take a lifetime to heal. Now, you must deal with the aftermath of the assault, such as medical bills and the trauma of the event itself. In some cases, victims of such crimes must also deal with the fear and anxiety that comes from knowing that their attacker is still at large.

Definition of Aggravated Assault with a Deadly Weapon

Aggravated assault is a serious crime that requires intent, a deadly weapon, and an injury. If a person uses a deadly weapon, such as a gun or a knife, to inflict serious bodily harm upon another person, they can be charged with aggravated assault. The use of a deadly weapon increases the severity of the crime and can lead to harsher penalties.

Penalties of Aggravated Assault with a Deadly Weapon

The penalties for an aggravated assault with a deadly weapon vary depending on the severity of the crime and the state in which the offense was committed. In most cases, a conviction for this offense can lead to a prison term of up to 20 years and fines of up to $10,000. In addition to these penalties, individuals convicted of this offense may be required to perform community service, attend counseling sessions, or participate in other court-ordered programs.

How to Defend Against Aggravated Assault with a Deadly Weapon Charges

If you have been accused of aggravated assault with a deadly weapon, it is important to take the charges seriously and seek legal representation immediately. There are several defenses that can be used to fight this type of charge, including self-defense, defense of others, and lack of intent. Your attorney can help you determine the best defense strategy based on the facts of your case.

The Importance of Legal Representation

If you have been accused of an aggravated assault with a deadly weapon, it is crucial to seek legal representation from an experienced criminal defense attorney. Your attorney will help you understand the charges against you, evaluate the evidence, and develop a defense strategy that will give you the best chance of a positive outcome. Without competent legal representation, you risk being convicted of a serious offense and facing severe penalties.


Aggravated assault with a deadly weapon is a serious crime that carries severe penalties. If you have been accused of this offense, it is crucial to seek legal representation and prepare a strong defense. With the help of an experienced criminal defense attorney, you can fight the charges against you and protect your rights and freedom.

Aggravated Assault with a Deadly Weapon Penalties-

Tuesday, February 20, 2024

Dealing with School Disagreements with Your Ex in Arizona? Learn How De Novo Law Can Help

Feature Article

How De Novo Law Can Help Resolve School Disagreements with Your Ex

Co-parenting can be a tricky business, especially when disagreements arise concerning important decisions, such as the education of your child. In the state of Arizona, the type of legal decision-making authority awarded by the court can have a significant impact on the ability of co-parents to make unilateral decisions about their child's education. With the help of De Novo Law, navigating this legal labyrinth becomes much easier, and your child's education can become a shared responsibility once again.

What is De Novo Law?

De Novo Law is a legal firm specializing in divorce and family law in Arizona. Their team of experienced attorneys provides practical solutions to complex legal issues, helping families resolve disputes related to parenting, property division, child support, and more. De Novo Law understands that disputes concerning children are particularly challenging and require a specialized approach, which is why they have a team of attorneys dedicated to family law issues.

Understanding Legal Decision-Making in Arizona

Legal decision-making is a term used in Arizona to refer to what is commonly known as legal custody in other states. Legal decision-making is the right and responsibility to make major decisions concerning the child's welfare, including education, health care, and religious upbringing. Under Arizona law, legal decision-making can be awarded to one or both parents. When both parents have legal decision-making, they share the authority to make major decisions about their child's welfare. In contrast, when one parent has sole legal decision-making, they have the right to make major decisions unilaterally.

According to ARS §25-403, the court may award legal decision-making to one or both parents based on the best interests of the child. The court may also designate which decisions are subject to joint or sole legal decision-making. In cases where parents share legal decision-making, both parents must agree on major decisions, including education. Consequently, one parent cannot make decisions without the other's consent. In cases where one parent has sole legal decision-making, they have the right to make decisions concerning the child's education without the other parent's input. However, such decisions can be challenged in court if they are not found to serve the child's best interest.

How De Novo Law Can Help with School Disputes

When co-parents disagree about their child's education, the consequences can be serious. Education is a critical aspect of a child's welfare and a parent's involvement in their child's education is paramount. If you disagree with your co-parent about a significant education decision, De Novo Law can help to resolve the disagreement. Their team of attorneys can help you navigate the legal process, determine whether you have legal standing to request court intervention, and prepare your case for a hearing. In most cases, the court may order mediation before a hearing to encourage resolution of disagreements between co-parents without the need for a formal hearing. If mediation fails, the court may hold a hearing to determine the best course of action for the child's welfare.


Disagreements between co-parents regarding their child's education can be a challenging issue to navigate. However, with the help of De Novo Law, parents can resolve these disputes and ensure that their child's best interests are served. By understanding legal decision-making in Arizona, parents can better understand the legal rights and responsibilities required of them. When disputes arise, De Novo Law can provide solutions and help parents navigate the legal system to find a resolution that benefits everyone involved.

School Disagreements With Your Ex? De Novo Law Can Help-School,De

Saturday, February 17, 2024

Refusing to Show Your ID to an Officer: Understanding the Legal Repercussions in Arizona

Investigative Article

The Legal Implications of Refusing to Show an Officer Your ID

It's a situation that we've all likely encountered at some point in our lives: being stopped by a police officer and asked to provide identification. But what happens when you refuse to show an officer your ID? In Arizona, the consequences can be severe.

The "Stop and Identify" Statutes

Under Arizona law, individuals have a legal obligation to identify themselves to a police officer if they have been stopped under circumstances that reasonably suggest criminal activity is afoot. This is known as the "Stop and Identify" statute. Failure to comply with this statute can result in legal consequences.

Legal Repercussions

Refusing to show an officer your ID can lead to charges of obstructing a public thoroughfare or obstructing governmental operations, both of which are categorized as misdemeanors in Arizona. These charges can carry fines and potential jail time, depending on the severity of the offense.

In addition to the legal repercussions of refusing to show your ID, there can also be consequences for your legal standing. A refusal to provide identification to a police officer can make it much more difficult for you to defend yourself if you are later charged with a crime.

Exceptions to the Rule

It's worth noting that there are some exceptions to the "Stop and Identify" statutes. For example, individuals who are not suspected of a crime are not generally required to identify themselves to a police officer. Additionally, individuals who are unable to provide identification due to a disability, language barrier, or other legitimate reason are usually not subject to these statutes.

Know Your Rights

Given the potential legal consequences of refusing to show an officer your ID, it's important to understand your legal rights in these situations. If you have been stopped by a police officer and asked to provide identification, it may be in your best interest to comply with the request.

At the same time, however, it's also important to remember that you have the right to remain silent and to consult with an attorney if you are charged with a crime. If you do find yourself in a situation where you are being questioned by a police officer, it's often a good idea to politely decline to answer any questions until you have spoken with an attorney.


Refusing to show an officer your ID may seem like a harmless act of defiance, but in practice, it can have serious legal consequences.

By understanding your legal rights and being aware of the potential repercussions of your actions, you can make informed decisions in these situations and protect yourself from unnecessary legal trouble.


Sunday, February 11, 2024

Gang Related Charges: Phoenix Criminal Defense Lawyer

Investigative Article: Uncovering the Truth About Gang-Related Charges in Arizona

Gang-related charges are not to be taken lightly, as the consequences can be severe. In Arizona, being affiliated with a gang can result in harsh penalties, including imprisonment and hefty fines. Gangs are often associated with criminal activity, violence, and intimidation, which is why the state has taken a strong stance against them.

What is Considered Gang Affiliation in Arizona?

Arizona law defines a criminal street gang as "a formal or informal ongoing organization, association, or group that has at least one primary activity that is the commission of one or more of the criminal offenses." A person is considered to be affiliated with the gang if they participate in the gang's activities or have been identified as a gang member by a reliable source.

What are the Threat and Intimidation Laws in Arizona?

Threats and intimidation are prevalent in gang-related activities. Arizona law prohibits threats and intimidation against witnesses, victims, or law enforcement officers. If you are accused of making threats or engaging in intimidation, you could face serious charges and penalties.

What is the Difference Between a Gang and a Criminal Syndicate?

While gangs and criminal syndicates share similar characteristics such as engaging in criminal activities, they are not the same. A criminal syndicate is an organized group of individuals who engage in criminal activities for profit. They operate in secrecy and have a hierarchical structure. Gangs, on the other hand, may participate in criminal activities, but their primary activity is not necessarily profit-driven.

What Are Defense Strategies For Gang-Related Charges?

If you have been charged with gang-related offenses, there are defense strategies available to you. One approach is to prove that you were not affiliated with the gang. Another strategy is to argue that your actions were not done to promote the gang's criminal activities. A criminal defense lawyer can help you determine which defense strategy is best for your situation.

FAQs on Arizona's Gang-Related Laws

It is natural to have questions about Arizona's gang-related laws, especially if you are facing charges. Some of the most frequently asked questions include:

  • What is the punishment for gang-related activity in Arizona?
  • Can minors be charged with gang-related offenses?
  • What evidence can be used to prove gang affiliation?
  • What is a RICO charge?

How Kolsrud Law Can Help If You've Been Charged

If you're facing gang-related charges in Arizona, you need a criminal defense lawyer on your side who understands the complexities of these cases. The attorneys at Kolsrud Law Offices have extensive experience representing clients in gang-related cases and can help you develop a solid defense strategy. They can also guide you through the legal process and provide you with the support you need during this challenging time.

Don't let gang-related charges ruin your life. Contact Kolsrud Law Offices today for a free consultation.

Gang Related Charges: Phoenix Criminal Defense Lawyer


Friday, February 9, 2024

Understanding Juvenile Crimes in Arizona: Punishments and Defenses

Investigative Article: Shedding Light on Juvenile Crimes in Arizona

It's no secret that the justice system can be complicated, particularly when it comes to cases involving minors. There are often a plethora of questions and concerns that arise from both sides of the aisle. What are the rights of juveniles during an arrest? How does the juvenile court operate in Arizona? When can juveniles be tried as adults?

The Dark Side of Juvenile Crimes in Arizona

Arizona has seen a surge in juvenile crime rates in recent years. According to a report by the Arizona Department of Juvenile Corrections, there were 45,994 referrals for juvenile offenses in 2019 alone. These crimes can range from minor offenses such as shoplifting to more serious crimes like drug possession or assault.

Understanding Juvenile Crimes and Their Punishments

It's important to first understand what constitutes a juvenile crime in Arizona. Juvenile crimes are defined as offenses committed by minors under the age of 18, which would be criminal if committed by an adult. If a juvenile is found guilty of a crime, there are a range of punishments that may be enforced. These may include community service, probation, fines, counseling, or even detention in a juvenile correctional facility.

Breaking Down Juvenile Court in Arizona

Unlike adult criminal proceedings, juvenile court operates on a rehabilitative platform rather than a punitive one. In other words, the goal of the court is to help the minor recognize the error in their actions and make positive changes in their behavior going forward. However, this does not mean that the court takes these crimes lightly. The proceedings can still be quite strict, and can often involve a team of lawyers, social workers, and other professionals working together to provide an effective course of action.

When Can Juveniles Be Tried as Adults?

Sometimes, a crime committed by a juvenile may be considered so severe that they can be tried as an adult. This is called a "transfer motion" and is ultimately decided by the juvenile court judge. In order for a transfer motion to be successful, the prosecution must prove that the juvenile is not amenable to rehabilitation in the juvenile system, and that the severity of the crime warrants adult punishment.

Defenses for Juvenile Crimes

If a juvenile is charged with a crime, there may be a number of defenses that can be used to reduce the charges or have them dropped altogether. Common defenses include lack of intent, mistaken identity, and self-defense. In some cases, a skilled juvenile defense attorney may even be able to negotiate a plea bargain or alternative sentence.

The Role of Parents or Guardians in Juvenile Cases

Parents and guardians have a crucial role to play in juvenile criminal proceedings. They are often involved in the decision-making process, may need to provide additional information about the juvenile's behavior and home life, and may even be required to attend meetings with legal counsel or the court. It's important for parents and guardians to remember that they are not alone in this process, and that there are resources available to help them navigate these difficult situations.

How a Juvenile Defense Attorney Can Help

It's clear that juvenile crimes in Arizona can be complex and emotionally charged situations. That's why it's crucial to have experienced legal counsel on your side. A skilled juvenile defense attorney can provide guidance every step of the way, from advising on the best course of action to negotiating with the prosecution and presenting a solid defense in court. Ultimately, the goal is to minimize the long-term impact of the offense on the juvenile's future.

If you or a loved one is facing charges for a juvenile crime in Arizona, it's important to act quickly and seek legal counsel right away. And remember, there is hope for a brighter future.

Juvenile Crimes in Arizona: Punishments and Defenses

Thursday, February 8, 2024

Phoenix Criminal Defense Lawyer: Gang Related Charges and Laws in Arizona

Feature Article

Arizona has some of the most severe criminal gang laws in the United States. Gang affiliation alone is a crime in the Grand Canyon state. In this article, we will discuss the legal definition of a gang and the consequences of gang-related charges in Arizona. We will also explore the differences between a gang and a criminal syndicate and defense strategies for gang-related charges.

What is a criminal street gang?

Arizona Revised Statutes 13-105 provides a legal definition of a criminal street gang. According to the statute, a criminal street gang is a formal or informal organization that has as one of its primary activities the commission of criminal offenses and that consists of three or more persons who have a common name, identifying sign or symbol, and leadership structure.

The statute also defines a criminal street gang member as any person who meets one of the following criteria:

  • Who actively participates in a criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity.
  • Who knowingly or recklessly solicits, invites, recruits, encourages or otherwise causes or attempts to cause another person to actively participate in criminal street gang activity.

What are the threat and intimidation laws in Arizona?

In Arizona, it is a crime to intimidate or threaten another person for the benefit of a criminal street gang. Threats and intimidation can include verbal or written communications, gestures, or physical acts. The penalties for threatening or intimidating in Arizona depend on the severity of the crime and whether a weapon was involved.

What is the difference between a gang and a criminal syndicate?

The key difference between a gang and a criminal syndicate is that the latter is organized for financial gain. While gang members may engage in criminal activity for personal gain, criminal syndicates are organized for the sole purpose of making a profit. Criminal syndicates often engage in illegal activities such as drug trafficking, money laundering, and human trafficking.

What are defense strategies for gang-related charges?

If you are facing gang-related charges, hiring an experienced criminal defense attorney is essential. Your attorney will examine the evidence against you and build a defense strategy based on the facts of your case. Defense strategies may include:

  • Challenging the constitutionality of Arizona's gang laws
  • Proving that you were not aware of the gang's criminal activity or that you have left the gang
  • Questioning the credibility of witnesses

FAQs on Arizona's gang-related laws

Here are some frequently asked questions about Arizona's gang-related laws:

What are the penalties for gang-related charges in Arizona?

The penalties for gang-related charges in Arizona depend on the severity of the crime. Gang enhancement charges can add additional years to a sentence, and gang participation charges can result in up to 3.75 years in prison.

Can I be charged with gang affiliation if I am not a member of a gang?

No, you cannot be charged with gang affiliation if you are not a member of a gang. However, if you are charged with gang-related crimes, prosecutors may use evidence of gang affiliation to prove their case.

Is it possible to leave a gang?

Yes, it is possible to leave a gang. However, in some cases, leaving a gang can be dangerous. If you are considering leaving a gang, you should seek the advice of an experienced criminal defense attorney.

What should I do if I am charged with gang-related crimes?

If you are charged with gang-related crimes, you should contact an experienced criminal defense attorney as soon as possible. Your attorney will provide you with legal advice and represent you in court.

How Kolsrud Law can help if you've been charged

At Kolsrud Law, we understand the seriousness of gang-related charges in Arizona. Our experienced criminal defense attorneys will fight for your rights and work tirelessly to achieve the best possible outcome for your case. If you've been charged with gang-related crimes in Phoenix, contact us today for a free consultation.

Gang Related Charges: Phoenix Criminal Defense Lawyer