Phoenix DUI Lawyer Blog

CRIMINAL ATTORNEY ARIZONA

You have protected rights under both Federal and Arizona State Constitutions. A good Arizona criminal attorney will make sure your rights are protected throughout the criminal justice system. Be careful not to waive any of your rights without the presence and guidance from your Arizona criminal defense or DUI Lawyer.

Arizona has some of the toughest laws and penalties for criminal and DUI charges. If you face criminal charges or were arrested for an Arizona DUI or criminal charges in, you need to retain an attorney who has a vast amount of experience and knowledge of Arizona laws, your constitutional rights, the prosecution, judges, Arizona criminal justice system, procedures and required protocol; and most importantly the defenses that can be used to attempt to get your charges dismissed, reduced or the otherwise best outcome in your case.

Arrested in Arizona: What Happens After an Arrest?

• First, for an Arizona arrest to be legal, the police must have "Probable Cause". This means that the officer has reasonable belief that a crime was committed and you were the one who committed it. If that is the case, you will be arrested and taken into police custody. An arrest does not mean you are or will be convicted in an Arizona Court of Law.

• Booking - fingerprints taken, photograph or mug shot, some ID questioning, past criminal convictions research, and to check if you were on probation or parole at the time of your arrest.

• Arraignment - This is the initial court appearance. At this stage you have formally been charged, but not convicted of the crime and the processing criminal justice system time-lines begin. This is where you may plead 1) guilty, 2) not guilty, or 3) no contest (no contest is when you do not admit guilt on the charges, but you are telling the Arizona Court that you do not dispute the charge either).

• Resolution - 1) Charges dismissed; 2) negotiated plea agreement for reduced charge or sentencing; 3) Trial

• Sentencing - 1) If you are guilty or have agreed to a negotiated plea agreement you will receive sentencing or penalties by the Judge. The Arizona judge has complete discretion to order any sentence that falls within the sentencing range of the crime found guilty.

Arizona Criminal Rights
You have protected rights both under Federal and State constitutions. It is very important that you do not "waive" any of your protected rights without the presence or counsel of an attorney. If you decide to waive any of your rights, you may jeopardize your case and any defenses that otherwise could have used to attempt to get your Arizona criminal charges dismissed or evidence suppressed in your defense. You are not required to assist the police in making its case stronger against you. Some of the common rights you have are listed below and not all inclusive:

1) The right to remain silent;
2) The right to defense by an attorney;
3) The right not to answer questions without your criminal defense attorney present;
4) Your Miranda Rights must be read to you if you are arrested;
5) The right to enter a "Not Guilty" Plea
6) The right to obtain and produce exculpatory (evidence favorable to your defense) evidence at trial;
7) The right to trial by jury;
8) The right to defend your criminal or dui charges before trial;
9) The right to avoid self-incrimination;
10) In the event of trial, the right to cross-examine or confront a witness testifying against you. It is highly recommended that you leave this to your qualified AZ criminal defense attorney with experienced litigation skills.

Criminal Defense Attorney AZ
One of your most important rights is your right to retain a criminal attorney for your Arizona DUI or other criminal offense. Don't waive it. Your future depends upon it. Arizona DUI and Criminal laws, and penalties are strict and harsh. It is unwise to go through the Arizona criminal justice system and to Arizona Courts without good legal representation by a criminal defense or DUI lawyer in Arizona. It makes the prosecution's job easier and it is a fast track to a certain conviction. The criminal justice system is a vast maze of procedures, time-lines and protocol. You risk the chance of saying or doing something that will unknowingly harm your case. There is no substitute for an experienced Arizona criminal attorney skilled in litigation. An experienced Arizona criminal Attorney or DUI lawyer will be able to gather and examine all the evidence, determine the best defenses to use based on your set of circumstances, and build a strong defense case against the prosecution on your behalf. Retaining a good criminal attorney for your Arizona criminal charges or AZ DUI will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.