Attorney Russell Richelsoph at Davis Miles, PLLC

Attorney Russell Richelsoph at Davis Miles, PLLC Davis Miles McGuire Gardner is a full-service law firm with over sixty lawyers that can meet all of our clients’ legal needs.

Russ Richelsoph is an Arizona criminal attorney and former Marine sergeant who has been practicing criminal defense, white collar defense, DUI defense, and juvenile law since 1999. Russ Richelsoph is an Arizona criminal attorney, partner at Davis Miles McGuire Gardner, PLLC, and a former Marine sergeant who has been handling criminal, DUI, and juvenile cases since 1999. Davis Miles McGuire Gardner offers a full suite of legal services to consumer and business clients.

Looks like a Phoenix police officer was more worried about her job and assignment then she was in not arresting innocent...
04/25/2026

Looks like a Phoenix police officer was more worried about her job and assignment then she was in not arresting innocent people with no probable cause.

A lawsuit claims the Phoenix PD enforces a "de facto DUI quota," alleging officers worry they will face adverse employment consequences if they fail to generate enough arrests.

02/19/2026
02/14/2026

I appeared on my good friend Robert N. Sewell,'s podcast discussing the rising problems and legal issues regarding teenagers on e-bikes and electric motorcycles on our city streets.

Can a Presidential Pardon Protect Federal Agents from State Charges? ⚖️There is a common misconception that a Presidenti...
01/25/2026

Can a Presidential Pardon Protect Federal Agents from State Charges? ⚖️

There is a common misconception that a Presidential Pardon acts as a "Get Out of Jail Free" card for any act a federal agent commits on the clock. But when state murder charges are on the table, the law is far more complex.

Even if a federal agent is pardoned by the President, a State can still attempt to prosecute them for murder. Here is the breakdown of why that is:

1. The "Dual Sovereignty" Reality: The President’s pardon power (Article II, Sec. 2) is strictly limited to "Offenses against the United States." Murder is typically a state-level offense. Because the federal government and the State are separate "sovereigns," a pardon for federal civil rights violations doesn't touch a state's murder charge.

2. Removal to Federal Court is Only a Change of Scenery: If a federal agent is charged by a local County Attorney, they will almost always "remove" the case to federal court under 28 U.S.C. § 1442. However, moving the trial to a federal building doesn't change the crime. The case remains The State vs. The Agent, and the federal judge must still apply state law.

3. The Shield vs. The Pardon: The real protection for federal agents isn't a pardon—it’s Supremacy Clause Immunity (In re Neagle). If an agent can prove they were carrying out federal law and acted "reasonably and necessarily," a federal judge can dismiss the state charges entirely.

The Bottom Line: If that immunity fails and an agent is convicted of a state crime in a federal courtroom, the President is powerless to intervene.

A Phoenix couple has agreed to a plea deal after the tragic death of their infant and the discovery of severe malnutriti...
12/11/2025

A Phoenix couple has agreed to a plea deal after the tragic death of their infant and the discovery of severe malnutrition in their other children. Many are asking: Why were the murder charges dropped?

The answer lies in the high burden of proof regarding "parental choice" in Arizona courts.

I sat down to discuss why prosecutors likely avoided a trial, the role of conflicting medical experts, and what this plea means for the sentencing in January.

Watch my full analysis at the link below.

I was recently interviewed by Alexis Dominguez with Arizona's Family regarding the case of Janiece Brooks and Tremaure Stanley. The Phoenix couple has been i...

Tremaure Lavant Stanley and Janiece Shayann Brooks entered plea agreements today after 1 child died and 3 required hospi...
12/10/2025

Tremaure Lavant Stanley and Janiece Shayann Brooks entered plea agreements today after 1 child died and 3 required hospitalization for malnutrition after the children were put on an "alkaline diet". Watch my interview with Alexis Dominguez on azfamily 3TV CBS 5 tonight at 6pm discussing the case.

I was on True Crime Arizona tonight with Briana Whitney TV talking about the Luigi Mangione case on the azfamily 3TV CBS...
12/05/2025

I was on True Crime Arizona tonight with Briana Whitney TV talking about the Luigi Mangione case on the azfamily 3TV CBS 5 video podcast.

Tonight on True Crime AZ Live, we’re breaking down two major cases making headlines.THE BIG CASE: Luigi MangioneMangione returned to court this week as his d...

Davis Miles, PLLC was named a Best Law Firm by Best Lawyers! We have attorneys who handle pretty much every practice are...
11/07/2025

Davis Miles, PLLC was named a Best Law Firm by Best Lawyers! We have attorneys who handle pretty much every practice area you could need, so if you have a legal problem, even if it is not criminal, feel free to reach out and I can connect you with one of our great lawyers.

From Commercial Litigation to Commercial Transactions, and from Probate Litigation to Real Estate Law, Bankruptcy, Construction and Criminal Defense - and from Arizona to New Mexico to Utah, we have been ranked by our peers as one of the Best law firms in the U.S. for 2026!

I did a follow up interview with Arizona's Family Reporter Alexis Dominguez regarding an update in a police officer's wi...
10/25/2025

I did a follow up interview with Arizona's Family Reporter Alexis Dominguez regarding an update in a police officer's widow's dispute with the City of Phoenix regarding the proposed sale of the pistol used to murder her husband.

Attorney Russ Richelsoph in a follow up interview with Arizona's Family Reporter Alexis Dominguez regarding an update in a police officer's widow's dispute w...

I was interviewed by azfamily 3TV CBS 5 reporter Alexis Dominguez about a Phoenix widow's lawsuit to stop the sale of th...
10/24/2025

I was interviewed by azfamily 3TV CBS 5 reporter Alexis Dominguez about a Phoenix widow's lawsuit to stop the sale of the gun used to murder her husband, Police Officer Nick Erfle, in the line of duty in 2007. Another follow-up interview with new developments will air tonight at 5pm and 6pm on 3TV.

Arizona attorney Russ Richelsoph is interviewed by reporter Alexis Dominguez about a Phoenix widow's lawsuit to stop the sale of the gun used to murder her h...

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Tempe, AZ
85288

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