Phoenix DUI Lawyer Blog

State Court Arizona - Criminal Law

What to expect at an Arizona Evidentiary Hearing

An Evidentiary Hearing can be requested by your Arizona DUI Attorney on your behalf. In this event your Arizona DUI Defense Attorney will ask that the State suppress some or all evidence against you. This may be warranted in situations if your constitutional rights were violated, if police protocol, DUI or drug testing procedures were mishandled or if any other evidence surrounding your case warrants suppression of the evidence.

Your Arizona Criminal Defense attorney will file motions to the court requesting to suppress or dismiss a portion of all evidence, if the circumstances warrant in addition to requesting an Evidentiary Hearing. This usually occurs after the first pre-trial conference. The Judge then rules on written legal arguments filed by your Arizona Criminal Attorney, if appropriate. The hearing can consist of testimony from witnesses and oral arguments from your or Arizona DUI Lawyer as well as the State's Attorney.

"Arizona Revised Statutes §13-4238 Evidentiary hearing:

A. The defendant is entitled to a hearing to determine issues of material fact, with the right to be present and to subpoena witnesses. If facilities are available, the court may, in its discretion, order the hearing to be held at the place of confinement, giving at least fifteen days' notice to the officer in charge of the confinement facility. A verbatim record of the hearing shall be made.

B. The rules of evidence applicable in criminal proceedings shall apply, except that the defendant may be called to testify at the hearing.

C. The defendant has the burden of proving the allegations of fact by a preponderance of the evidence. If a constitutional defect is proven, the state has the burden of proving that the defect was harmless beyond a reasonable doubt.

D. The court shall rule within ten days after the hearing ends. If the court finds in favor of the defendant, it shall enter an appropriate order with respect to the conviction, sentence or detention, any further proceedings, including a new trial and conditions of release, and other matters that may be necessary and proper. The court shall make specific findings of fact and state expressly its conclusions of law relating to each issue presented."