A good Gilbert DUI defense attorney will investigate to determine if the police met the standards needed for "probable cause". If not, an experienced Gilbert DUI defense Attorney will aggressively challenge the arrest and present compelling arguments necessary to lead to a dismissal of your DUI charges.
If you were arrested in Gilbert AZ for DUI, you should consult a Gilbert DUI Attorney or criminal attorney who defends cases often in Gilbert Court and through the criminal justice system. Most qualified Gilbert criminal attorneys and DUI defense attorney who defend DUI charges in Gilbert AZ provide free consultations. They should give you helpful information about your Gilbert DUI charges, and defense options.
Probable Cause for Arrest | Gilbert DUI
The fourth amendment of the United States Constitution specifically requires among other things, that arrests and arrest warrants be supported by Probable Cause. Note that "probable cause to arrest" is a higher standard than "reasonable suspicion to stop" or detaining a driver for DUI or other questioning. From a Gilbert DUI charge defense standpoint, your Gilbert DUI Attorney may be able to get your Gilbert, AZ DUI dismissed by using one, more or a combination of strategic defenses. One common defense is known as "No Probable Cause for Arrest". By law, the police must have "reliable information which "would lead a reasonable person to conclude that criminal activity has been or is being committed prior to the arrest". Unless probable cause exists, the arrest is unconstitutional and therefore invalid.
Probable Cause | What it Means
Probable cause means the police need to have actual evidence and facts including but not limited to such evidence as field sobriety tests, breath tests, and/or chemical tests results and possibly more based on the circumstances that led to your Gilbert AZ arrest. The Gilbert Police need to have "enough to cause a reasonable person to believe that a crime has been committed." The Gilbert Judge and Court need to hear this actual evidence and the specifics that the felt gave cause for your arrest. Assumptions, accusations, opinions, biased unsubstantiated conclusions, and evidence that can not be measured is not acceptable and does not meet the standard of "probable cause for an arrest". A good Gilbert DUI defense attorney will investigate to determine if the police met the standards needed for "probable cause". If not, an experienced Gilbert DUI defense Attorney will aggressively challenge the arrest and present compelling arguments necessary to lead to a dismissal of your DUI charges.
Arizona DUI Penalties
The Arizona State Laws govern DUI Charges for Gilbert AZ, Maricopa County and Arizona.. Arizona DUI laws are strict and penalties are among the most severe in the United States.
A DUI conviction has such negative impacts on your life as job loss, job suspension, or future job opportunities, loss of driver's license, costly fines and fees, mandatory incarceration in jail or prison, court ordered ignition interlock devices to be installed in your vehicle at your expense, probation, treatment or counseling, and any other penalties the Gilbert AZ court deems necessary based on the circumstances surrouding your charges.
Sentencing for a conviction is based a based on a host of factors including but not limited to your past criminal record; first time or repeat offense; misdemeanor DUI or felony DUI; aggravated factors surrounding the DUI including DUI with accident or injury, drunk driving with a person aged 15 or younger; other offenses charged at the time of the DUI arrest; and many other variables surrounding your Gilbert DUI charges and Gilbert DUI arrest.
Arizona DUI - Defenses
It is important to remember that just because you were charged with a Gilbert DUI does not mean you are or will be convicted of that offense. Simply put, a charge is not a conviction. DUI charges can be challenged. This is best done by retaining good DUI defense Lawyer in Arizona you can fight your charges, challenge the evidence to try to get your case dismissed, charges reduced, or otherwise a better outcome in your case, than if you have not hired an attorney. One key to a winning defense is early retention of your DUI defense attorney.
There are many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the "Arizona Winning Defense Strategies" ©" and "101 DUI Defense Strategies"© Books, written by a experienced DUI Defense Attorney and Arizona DUI defenses Author, James Novak, whose law firm is 100% devoted to defending DUI and criminal charges in Maricopa County. Abridged versions of all three books can be downloaded free of charge at www.arizonacriminaldefenselawyer.com.
The most effective defense strategy for your Gilbert DUI charge will be determined by your qualified Arizona DUI Attorney defending your case. An experienced DUI defense Attorney will strategically choose the appropriate defenses based the particular circumstances surrounding your Gilbert DUI charges and arrest, after obtaining and examining all the evidence and facts. Your Arizona DUI lawyer will present it with compelling arguments to the judge, Gilbert Court, prosecution through the proper legal channels and criminal justice system.
DUI Defense Attorney Gilbert | Criminal Justice System
Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome drastically increases with the retention of a good Arizona Criminal Defense who defends cases in Gilbert or Gilbert DUI Attorney, Many people consider the Gilbert Arizona criminal justice system and Gilbert Court to be a maze of complex rules, guidelines, and protocols. You will need an experienced Arizona criminal defense attorney or Arizona DUI lawyer who regularly defends Arizona DUI charges through the criminal justice and court systems. A good Gilbert DUI defense Lawyer will investigate, examine all evidence, build a strong defense challenge charges and the evidence, attend Motor Vehicle Hearings, Arraignments, Pre-trial Conferences, Suppression or Evidentiary Hearings, defend you at trial if a trial is needed and you have arranged in advance for your attorney to do the trial. In sum, the best Arizona DUI attorneys will do everything possible to get your Arizona DUI charges dismissed, reduced, or the best alternative outcome in your case.
If you have been charged with any Arizona DUI, any other criminal charges in AZ contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Gilbert, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The within Maricopa county, Arizona valley-wide.
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.