Phoenix DUI Lawyer Blog

Criminal Defense Lawyer

"An experienced Tempe Criminal Evidentiary Hearing Attorney may be able to get a part of all of the prosecutions evidence against you dismissed at a very early stage."

An Evidentiary Hearing" is also known as a "Preliminary Hearing". It is critical that you have an experienced AZ Criminal Defense or AZ DUI lawyer defending you, to attend this hearing. "An experienced Tempe Criminal Evidentiary Hearing Attorney may be able to get a part of all of the prosecutions evidence against you dismissed at a very early stage."

Your Tempe Criminal Defense Attorney or DUI lawyer usually requests this after your "Pre-trial Conference". This gives your Criminal defense or DUI attorney additional time to investigate, and examine the evidence that will be argued in your defense.

Arizona Revised Statutes §13-4238 Evidentiary Hearing describes in detail e purposes and rules surrounding a Tempe Criminal Evidentiary Hearing.

In summary, A.R.S. §13-4238 Evidentiary contains the following:
• Rules of evidence in criminal proceedings which apply
• Burden of proof of allegations and evidence to be identified
• Persons who may be called upon for testimony to be revealed
• Rules and evidence involving any violation of your constitutional rights
• The Tempe Criminal Court or DUI court's role, and obligations
• The Tempe Court shall within 10 days enter its order of conclusions based on its' findings of fact and state expressly its conclusions of law relating to all matters of evidence or issues presented at the hearing.

Your Tempe criminal defense or Tempe DUI Lawyer will argue the evidence they feel should be suppressed or dismissed and reasons why, and name defenses. The Tempe AZ Prosecution may argue its case against you. A formal record of the entire hearing will be made.

Your Tempe criminal attorney or Tempe DUI lawyer will also file the proper motions to the Tempe Court, requesting to suppress or dismiss part or all of the evidence based on the defenses that will be used depending on the circumstances surrounding your case.

To participate or request an evidentiary hearing on your own behalf without the representation of an Arizona Criminal or DUI defense attorney who practices frequently in Tempe, is risky and may be futile. In fact, there is potential you're you to further incriminate yourself. This is always a possibility and concern when or if you choose to represent yourself. Your chance of getting a successful outcome at an evidentiary hearing increase drastically with the legal representation of a Tempe criminal defense or Tempe DUI Attorney. A good Tempe AZ criminal defense or Tempe DUI defense Attorney will make sure your constitutional rights are protected, and be your voice; what motions to file; and most importantly will recognize what issues to be argued on your behalf that will project the most favorable decision possible in defense of your criminal or DUI charges.

If you have been charged with any Tempe AZ Criminal or DUI, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).