Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-1003 "Conspiracy" occurs when, with the intent to promote or aide in the commission of an offense, and that person agrees with one or more persons that at least one of them will engage in conduct constituting the offense, and one of the party commits an overt act in furtherance of the offense, then they have committed Conspiracy. If the person who has committed Conspiracy "knows or has reason to know" that one of the other co-Conspirators has conspired with others to commit the same offense, then the Defendant is also guilty of conspiring to commit the offense that the other persons commit (even if the Defendant does not know their identities). Lastly, if a person conspires to commit a number of offenses, then they are only guilty of the most serious offense if the multiple offenses all have the same object or were part of the same agreement.
If a person has conspired to commit a class one (1) felony (i.e., Murder), then they can be sentenced to life in prison without the possibility of release until they have served twenty-five (25) years. In all other cases, the Conspiracy carries the same felony level and class of punishment as the most serious offense which was the object or result of the Conspiracy.
A key defense regarding Conspiracy involves "Lack of Knowledge". If the Defendant was asked by a Co-Defendant to "loan me your car" or "drive me to the bank and wait outside while I go make a deposit" without any knowledge that the Co-Defendant was going to commit a Bank Robbery, then they are not guilty of Conspiracy. Just because somebody provides a critical piece of support which is necessary in the commission of a crime, they are not committing a crime unless they know that the Co-Defendant's are intending on committing a crime.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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Dismissed |
04/24/08 |
Aggravated DUI, Aggravated DWI |
Dismissed |
04/14/08 |
Aggravated Assault w/Gun |
Not Guilty |
04/04/08 |
DWI Only(.092 Breath) |
Not Guilty |
03/25/08 |
DWI (.099 Breath) |
Not Guilty |
03/24/08 |
Aggravated DUI, Aggravated DWI |
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