Phoenix DUI Lawyer Blog

CRIMINAL ATTORNEY PHOENIX

You have protected rights under both Federal and Arizona State Constitutions. A good Phoenix criminal attorney or Phoenix DUI lawyer will make sure your rights are protected throughout the criminal justice system proceedings. Use caution, and do not unknowingly or otherwise waive any of your rights, without the presence and guidance of your experienced Phoenix criminal defense or Phoenix DUI Lawyer.

If you face criminal charges or were arrested for a Phoenix DUI or criminal charges, you need to retain an attorney who has a vast amount of experience and knowledge of Arizona laws, your constitutional rights, Phoenix criminal justice system, procedures and required protocol. Most importantly, the Phoenix criminal attorney or Phoenix DUI lawyer you use must be extremely familiar and know what defenses to use that will be most effective in attempting to get your charges dismissed, reduced or the otherwise best outcome in your case.

Arrested in Arizona: What Happens After an Arrest?

• 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. That being the case you will be arrested and taken into Phoenix police custody. An arrest does not automatically mean you are or will be convicted in an Arizona Court of Law.

• Booking - Fingerprints and photograph or what some call "mug shot" will be taken. The police will ask you some Identification questions, research any past criminal convictions, and determine if you were on probation or parole at the time of your arrest.

• Arraignment - This is the initial Phoenix court appearance. At this stage you will be formally charged, (but not convicted) and the processing of your charges through the criminal justice system, and time-lines begin. Here 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 advising 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 a Phoenix criminal attorney or Phoenix DUI lawyer. 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 phoenix criminal defense or DUI defense lawyer. Your future will depend upon this decision. The best Phoenix criminal attorney and Phoenix DUI lawyers will advise you not to waive this right, particularly depending on the charges. Phoenix DUI and Criminal laws, and penalties are strict and harsh. It is common knowledge that they are some of the most severe in the United States. It is unwise to go through the Phoenix Arizona criminal justice system and through the Arizona Court processes without good legal representation by a Phoenix criminal defense or DUI lawyer in Arizona who defends cases frequently in Phoenix. If you go unrepresented it makes the prosecution's job easier and is a fast track to a conviction. The Phoenix criminal justice system is a vast maze of procedures, time-lines and protocol. Without a qualified attorney 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.