Why Arizona’s Insanity Defense is One of the Toughest to Prove in the Nation

Arizona’s insanity defense is one of the toughest to prove in the United States. The harshness of the defense provoked legal challenges in past years. Opponents claimed it failed to meet basic standards of fairness. The obstacles associated with the defense were challenged in 2006 in the case of Clark v. Arizona. The case reached […]

How Often is the Insanity Defense Used?

The insanity defense has been used in some high profile cases. However, it is used sparingly in Arizona and elsewhere in the United States. According to a PBS report, the insanity defense is used in just 1 percent of felony cases and it is successful in less than a quarter of the cases it is […]

Can You be Arrested for Homelessness? Phoenix Rethinks its Ban

Many homeless people end up in jails. Often they suffer from addictions and mental health issues. Their predicament is exacerbated by laws that criminalize homelessness. Although the authorities arrest homeless people in many parts of the state, some jurisdictions are rethinking their laws. These include cities in the Phoenix area. Recently, AZCentral reported cities in […]

Outlining Arizona’s Unlawful Flight Laws

Failing to stop after being requested to by a police officer or fleeing from police form part of Arizona’s unlawful flight laws. These offenses vary in seriousness. You can be charged with a Class 5 felony in certain circumstances. Failure to stop for a police officer or another law enforcement vehicle constitutes a crime under […]

When Can you Fall Foul of Arizona’s Gun Control Laws?

Arizona has some of the most liberal gun laws in the United States. However, its reputation for having few rules can land some people in trouble with the law. There are restrictions and many people fall foul of Arizona’s gun control laws. Under Arizona law, any person 21 years or older, who is not a […]

Disproportionate Sentencing Along Racial Lines is Revealed in Arizona Report

If you think you’ll receive the same sentencing in the criminal justice system wherever you live and whatever the color of your skin, think again. A new report reveals sentencing often takes place along racial lines in Arizona. The report was highlighted in November by AZCentral.  It sheds light on sentencing disparities between urban and […]

Arizona is the Second Worst State for Addressing Mental Health Issues

Access to mental health services is patchy across the nation. This is particularly the case in Arizona. A recent survey found Arizona is the second worst state in the nation for addressing mental health issues. The information was revealed in a study from the nonprofit Mental Health America. Mental Health America analyzed the extent of mental […]

How ‘Tough-on-Crime’ Initiatives in Arizona Ignore Mental Health

In 2017, the American Civil Liberties Union brought a lawsuit against the Maricopa County Sheriff’s Office and its former leader, Joe Arpaio, who modeled himself as “America’s toughest sheriff.” The lawsuit claimed tough on crime initiatives followed by the likes of by Arpaio ignored the mental health issues of inmates and even exacerbated them. The […]

The Importance of Rule 11 in Arizona

During a trial in Arizona, a defense attorney may ask for a Rule 11 evaluation of his or her client. Under Rule 11, the defendant has the right to a full mental examination and hearing when reasonable grounds exist for it. A Rule 11 hearing may be held when a defendant is suspected of being […]

I Have Been Charged with a Felony, Can a Mental Illness Attorney Help?

Whether you have been charged with a felony or a misdemeanor, the attorneys at Garcia Law will defend the mentally ill no matter the circumstances. Our staff has experience with all types of cases for the mentally ill such as DUIs, drug offenses, homicides, robberies and more. So, what can you do if you are […]