GEI Pleas Across Arizona: Experience in Five Counties
Mastering Arizona’s GEI Defense Arizona’s Guilty Except Insane (GEI) defense, outlined in A.R.S. §13-502, requires clear and convincing evidence that a severe mental disease or defect prevented a defendant from understanding the wrongfulness of their actions at the time of the offense. Attorney Bernardo Garcia, with over 30 years of experience, has guided clients through […]
What Are Arizona’s Failure to Stop Laws?
Fleeing the scene of a traffic accident or not stopping for a police officer is a serious offense in Arizona as in other states. Falling foul of Arizona’s failure to stop laws can land you in prison. Failure to stop is an offense under A.R.S. 28-1595. A driver may be charged with the offense if […]
Serious Crimes Against Children in Arizona
Serious crimes against children carry heavy sentences in Arizona and elsewhere. Not only do prosecutors crack down hard on crimes against young people but juries are unlikely to show much sympathy toward defendants. People who commit crimes against children often spend long terms in prison. Even when they are released, their reputation is tarnished. They […]
What is the M’Naghten Rule – the Basis of Insanity Defenses?
The M’Naghten Rule is the basis of insanity defenses in the United Kingdom and the United States. It was established by the British House of Lords in the mid-19th Century. The rule is a test of whether the person accused of a crime was sane when the act was committed and criminally responsible for what […]
Arizona Governor Vetoes Prison Reform Bill for First Time Offenders
Arizona has one of the most controversial sentencing policies in the nation. First-time offenders can receive multiple sentences for “repetitive offenses” that occurred within minutes of each other. The law led to a groundswell for change and across the aisle support for a bill. However, in June, Governor Doug Ducey vetoed Senate Bill 1334, a […]
Factors that Influence Drug Offense Sentencing in Arizona
Drug offense sentencing in Arizona can be very complicated. Arizona is known for having harsh drug laws. However, two people who face a similar set of circumstances can receive different outcomes based on the evidence an attorney presents to the court. Many factors influence drug offense sentencing in Arizona. These factors include the following. Were […]
Decriminalization of Mental Health Bears Results in One Arizona City
The criminal justice system can be tough on people with mental illnesses. However, some jurisdictions are pursuing the decriminalization of mental health with positive results. They include Yavapai County in Arizona where Sheriff Scott Mascher is so enthusiastic about his department’s Reach Out program that he wants to tell the world about it. He told […]
Celebrating Our Client’s Success
One of the most satisfying experiences a defense attorney can have is seeing a client receive the care he needs and put his case behind him without spending time in prison. Today I celebrate the success of D.B., a client of mine who has recently successfully completed probation. D.B. came to me with several charges […]
Guilty Except Insane Plea
On January 29, 2017, an ambulance containing four people was pulling in to the Phoenix Baptist Hospital in Phoenix when L.S. pulled up alongside the ambulance and fired a handgun into the patient compartment and drove away. Luckily, no one was injured. About 2 hours later police were called to a Circle K in Phoenix […]
Mental Health and Reoffending Issues Are Dealt with in Arizona County Jail Program
Many jails contain house numbers of inmates who suffer from mental illnesses. Jail administrators in Yavapai County Sheriff’s Office were surprised to learn more than half of inmates in detention had been diagnosed with mental health problems. The revelation in 2015 sparked action by the sheriff’s office. The Verde Valley’s JournalAZ.com reported on how jail […]