Recent Blog Posts

Tucson Criminal Defense Lawyer James Nesci Discusses Arizona DUI Laws and AMMA

Last week, Attorney James Nesci offered insight on Arizona DUI laws and the Arizona Medical Marijuana Act. Due to the rise of recreational marijuana and medical marijuana across the country, the courts are now being forced to deal with new, more complicated legal issues regarding drug use. You can read more of Attorney Nesci’s thoughts… Read More »

Don’t Believe Everything You Read: Why Printed Blood Test Results Don’t Allow Experts to Determine a Person’s Actual Blood Alcohol Concentration

I recently co-wrote a brief accepted by the Arizona Supreme Court on an important issue, namely the extent to which the state is allowed to have one witness testify to another witness’s test results.  (You can read the brief here).  The issue the Court must decide is whether someone accused of a crime has the… Read More »

How Does Burglary Differ from Theft?

There are many different types of theft, and depending on the type you’re charged with, your attorney will need to adapt their strategies to best protect your rights. Title 13 of the Arizona Criminal Code defines theft in a variety of ways that include: Controlling another’s property with the intent to deprive them of the… Read More »

What Are the Differences Between Probation and Parole?

Parole and probation are similar in that they both result in a defendant spending less time in prison. However, they involve different legal procedures. The U.S. Probation Office, District of Arizona oversees probation, which is a term of community supervision that the court imposes instead of a prison sentence. Sentencing can also be a combination… Read More »

Does Assault Involve Physical Harm?

When facing allegations of assault, experienced Tucson lawyers understand the nuances of various assault charges and can build a formidable defense based on how you are being charged. Assault charges do not always involve physical injury based on the definition of the assault given in the Arizona Revised Code. The statute says a person commits… Read More »

How Do Interlock Ignition Devices Work?

Unless you have previous experience with a driving under the influence (DUI) arrest or know someone who has, you probably have no idea how inconvenient and limiting an interlock ignition device (IID) can be. The device attaches to your vehicle’s ignition and screens you for blood alcohol content when you blow into a handheld sensor… Read More »

What Does “Domestic” Mean in a Domestic Violence Charge?

Arizona courts only view certain relationships as domestic. Consequently, domestic violence charges can only apply in certain situations, and this differentiates domestic violence offenses from other crimes involving violence. When you face a domestic violence charge in Tucson, seek representation from experienced defense attorneys. Under Arizona Revised Statute §13-3601, domestic violence occurs between people in… Read More »

What Are Your Options for Posting Bail?

Bail is a monetary amount that the court requires and holds to secure a defendant’s appearance in court and compliance with court orders and judgments. Posting bail allows your release, and you can remain free from jail while your case is pending trial. Under the Eighth Amendment of the Constitution, courts must assign reasonable bail… Read More »

What is an Ignition Interlock Device?

By understanding the potential penalties of a DUI conviction, you gain a better understanding of why obtaining an experienced DUI lawyer in Tucson is necessary to protect your rights. A potential penalty you face with a DUI conviction is having an ignition interlock device (IID) installed on your car. You must pay a certified company… Read More »

When Is a Diversion Program an Alternative to Incarceration?

Depending on the type of alleged crime, the circumstances involved and how negotiations go between a defense attorney and the prosecutor, defendants may be able to participate in diversion programs. Diversion programs allow courts to divert cases from trial and substitute classes or counseling. After successful program completion, the prosecution drops the charges. Defendants also… Read More »