Monthly Archives for January 2011

Question: I was cited for "drag racing" by a police officer. I don't know what that means. The prosecutor offered me a plea to "28-701(A)." Should I accept that plea?

Mr. Stevens' Answer:  The law you were cited for, A.R.S. section 28-708, is essentially for street racing. Here's how Arizona criminal law defines street racing:

"A person shall not drive a vehicle or participate in any manner in a race, speed competition or contest, drag race or acceleration contest, test of physical… Read More →

In Arizona, when a person commits arson of an occupied structure, and someone dies, the person is guilty of first degree murder under the felony-murder statute.  The punishment is the same as premeditated murder.


Recently, in Prescott, Arizona, Zachary Sutton has been accused of first degree murder.  Originally, it looked like an arson-murder (i.e., felony-murder) but has possibly evolved into a premeditated first degree murder.

Either way, if convicted of either premeditated or… Read More →

Question: What does it mean when a State of Arizona prosecutor files a motion for a complex case designation in someone's case? What if the defendant is in custody, stuck in jail, awaiting trial?

Mr. Stevens' Answer: Under Arizona law, a complex case designation adds 90 to 120 days (depending on if the defendant is in custody or out of custody) to the total maximum amount of time that the prosecutor has to bring the case to trial. The relevant rule is Rule 8 (Arizona Speedy Trial) of the… Read More →

NOTE: This is an educational blog article and the statements (and answers to any questions contained therein) does not constitute legal advice, nor does it create an attorney-client relationship. If you need legal help, do not rely on this blog, but do contact me at 928.779.1173. Read More →