January 2011 Archives

January 31, 2011

"A good Arizona Felony DUI lawyer educates the court on your defense, file motions, and present compelling arguments in your behalf throughout the Arizona Criminal Justice System. Top Felony DUI attorneys' goal is to get your Felony DUI dismissed, reduced, or otherwise best possible outcome in your case."

Felony DUI Court Process in Arizona
Arizona Felony DUI charges in Maricopa County are handled in the Superior Court. Each county has its own superior court. While the courts generally all follow the same procedures, the names of the hearing and the rules may vary by county. Generally the following apply to Arizona felony DUI cases:

1) Grand Jury Indictment
Felony criminal and DUI charges require a finding of "probable cause". In some cases, probable cause is found by a grand jury. A grand jury is a group of fifteen citizens who are presented evidence by the prosecutor. The grand jury must then decide whether or not there is probable cause of the alleged crime by the accused. At least 9 grand jurors must find that there is probable cause. This is a secret proceeding and the defendant and DUI defense attorney are not entitled to attend. Because of the one-sided nature of this hearing, there are special rules that require the prosecutor to make a fair presentation to the grand jury.

2) Initial Appearance
The initial appearance is generally the first hearing at which the defendant appears in court. It is a brief hearing where the defendant is informed of the charges against them. If arrested, release conditions, if applicable are provided by the judge.

3) Preliminary Hearing
A preliminary hearing is an alternative to a grand jury indictment. At the preliminary hearing the prosecutor presents evidence to the judge in open court. The defendant and Arizona DUI defense attorney are present and the DUI defense lawyer usually cross-examine the state's witnesses such as the police officer. The defense attorney may present its own witnesses. The judge will then determine whether or not probable cause exists. If there is no finding of probable cause, the charges against you for Felony DUI charges are then dismissed.

4) Arraignment
The purpose of the Arizona arraignment is to advise the defendant of the charges for which probable cause were found. It is at this time that the defendant enters a plea of guilty or not guilty. When a case is charged by a grand jury, the arraignment often takes place at the same time as the initial appearance.

5) Pre-Trial Conference
It is during the pre-trial conference that the defense attorney and prosecutor inform the judge the status of the case and any outstanding issues that require resolution by the judge. In some courts, a case that is not resolved by the time of the pre-trial conference may automatically be set for trial. Just because a case is set to trial does not mean it is actually going to go to trial. The Arizona DUI defense attorney may still be investigating the case and negotiating with the prosecution regarding any resolution.

6) Oral Arguments and Evidentiary Hearings
If there is an issue of law that must be decided by the judge a hearing will be requested and set for the judge to hear the arguments regarding the issue. This is an opportunity for the judge to ask the attorneys questions regarding their legal positions. It is also an opportunity for the judge to hear the testimony of witnesses which may be necessary to resolve the legal issue in question.

7) Pre-Trial Management Conference I
The parties are unable to negotiate a resolution of the case, and then it is set for a trial. Many, but not all, courts set a pre-trial management conference approximately one week prior to the trial date. It is during the pre-trial management conference that the Arizona DUI defense attorney and the prosecutor can discuss any last minute issues with the judge.

8) Trial
In Arizona, a person accused of felony DUI is entitled to a trial by a jury of eight to twelve people depending on the offense charged. During a jury trial, the judge makes decision regarding legal questions and the jury makes decisions regarding factual issues. It is the jury who decides whether the prosecutor has proven guilt beyond a reasonable doubt and you are guilty of the charges or not.
A felony DUI trial usually takes 3 to 5 days, although a case could be much longer depending on the issues and the number of witnesses. The jury's decision, whether guilty or not guilty, must be unanimous. It is all or nothing. If the jury is unable to reach a unanimous decision, then the judge will declare a mistrial. If a mistrial is declared, the case will be reset for a new trial.

9) Sentencing
If a person accused of an Arizona felony DUI is found guilty by a jury or guilty by a negotiated plea agreement the matter will be scheduled for a sentencing hearing. Usually sentencing takes place approximately 30 days after the finding of guilt. Prior to sentencing the defendant will meet with a probation officer who will prepare a pre-sentence report for the judge. The pre-sentence report gives the judge background information about the defendant and makes a sentencing recommendation to the judge. Sentencing is an opportunity for both defense and prosecution to present to the judge what they believe to be an appropriate penalty. The judge will then make a ruling and issue a sentencing order. The judge will then make a ruling and issue a sentencing order.

Arizona Felony DUI Defense ׀ Criminal Defense Attorney
Being arrested for a Felony DUI in and of itself is traumatic. But dealing with the aftermath is even more devastating. A good Arizona criminal Attorney will walk you through the maze of hearings, conferences, and protocol. High rated Felony DUI attorneys in Arizona will be your voice, and make sure your story is told, that you are being treated fairly, and do everything possible to assure that the Felony DUI charges have the least possible adverse effects on you as possible.

A good Arizona Felony DUI lawyer educates the court on your defense, file motions, and present compelling arguments in your behalf throughout the Arizona Criminal Justice System. Top Felony DUI attorneys' goal is to get your Felony DUI dismissed, reduced, or otherwise best possible outcome in your case.

Continue reading "DUI Felony Case Stages: Rules of Criminal Procedure" »

January 28, 2011

Chandler AZ criminal defense | Chandler AZ DUI Lawyer

A major factor in getting a successful outcome for you is early retention of a criminal or DUI defense lawyer who defends cases in Chandler AZ.

After a DUI arrest in Chandler Arizona you will have your Initial Appearance before the court within the next 48 hours. It is important that you or someone on your behalf has consulted a criminal defense attorney or DUI lawyer who defends charges in Chandler AZ on a regular basis.

Initial Appearance in Chandler AZ Court
Your initial appearance is the first phase through the Chandler AZ criminal justice system. You will appear before the judge in the Chandler court if that is where you were arrested following your DUI stop. There, the following will take place:

1) You will be read your formal DUI or criminal charges (or complaint).
2) You will be given your release conditions.
3) You will be given your next court date, time and location.
4) You will let the Judge know you plan to or will be retaining a private criminal or DUI attorney to defend you and provide their contact information to the court. If you are unable to retain private legal representation, the court will allow you to fill out an initial screening questionnaire to determine if you qualify to be assigned to a court appointed attorney (public defender).

Tips to Follow After Your Initial Appearance in Chandler Court
• Do not discuss your case with anyone accept your own criminal defense Attorney
• Do not discuss your case with any police officer or investigator, no matter how polite or courteous they may seem. Simply let them know you are being represented by a defense attorney, and advise them to contact your attorney. Any statement you make to them can damage your defense and be used against you.
• Do not discuss your case with family or friends by phone, or in person. Anything you say even to family members, friends, or acquaintances can be used against you in court. And those persons can be subpoenaed to appear in court to testify against you.
• Follow the instructions your Chandler criminal defense attorney or Chandler DUI lawyer gives you and provide all documentation they are requesting from you. This is what they are trained and have experience doing every day. Their goal should be to provide you the most effective defense possible in order to get you the best outcome.
• Your chances of getting your DUI or criminal charges dismissed, sentencing reduced, evidence suppressed or other favorable outcome, significantly increase when you hire a private criminal defense or DUI lawyer who defends charges in Chandler AZ. One thing most Good Criminal Attorneys in Chandler agree upon is this: A major factor in getting a successful outcome for you is early retention of a criminal or DUI defense lawyer. Before you make your decision, find out as much as you can about that attorney.

For more articles and useful formation on how to hire an attorney visit http://www.arizonacriminaldefenseattorneyblog.com/cgi-bin/mt-search.cgi?search=how+to+hire+the+best+attorney+Chandler&IncludeBlogs=401&search=

Continue reading "Initial Court Appearance: When it takes place and what to expect" »

January 27, 2011

SCOTTSDALE ATTORNEY BURGLARY DEFENSE TACTICS

How Top Scottsdale Burglary Lawyers defend Arizona burglary charges in the Scottsdale AZ criminal justice system.

Scottsdale Burglary Charges
If you have been arrested or charged but not yet convicted of a burglary charge in Scottsdale AZ, you should consult an experienced criminal defense attorney in Arizona or AZ burglary defense attorney who defends burglary charges frequently in Scottsdale Courts as possible.

Scottsdale AZ Burglary Penalties
The consequences of a Scottsdale burglary conviction include but are not limited to lengthy jail or prison sentences, jail or prison time, property forfeiture, financial restitution to the victim, and a criminal record that can follow you for life. . In most cases the minimum sentencing begins with one year in state prison if convicted, and the incarceration time increases from there, depending on the circumstances surrounding your arrest and charges especially if a weapon, firearm or explosive was in your possession or used. Penalties within a range are based on many factors including but not limited to the following:

• Nature of property stolen
• Value of property stolen
• Damage due to forced entry
• Whether or not a weapon was used
• Type of weapon in your possession or used
• Whether or not the victim or anyone else was injured
• Repeat offenses carry harsher penalties
• Prior Criminal History

Scottsdale Burglary Laws
Scottsdale Burglary charges fall within the authority of Arizona State Law. Arizona criminal law relating to burglary is strict. Burglary Laws in Arizona are described as the act of being in the process of or actually entering a building or other property with the intent to steal something or other criminal offense. According to Arizona Law you may be arrested or accused of burglary even under the following circumstances: 1) even if the personal residence, commercial property or building is not lock; 2) even if no one is on the property or home at the time; 3) even if nothing was actually taken or stolen from the property.

Arizona Revised Statutes:
13-1506. Burglary in the third degree; classification
A. A person commits burglary in the third degree by:
1. Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein.
2. Making entry into any part of a motor vehicle by means of a manipulation key or master key, with the intent to commit any theft or felony in the motor vehicle.
B. Burglary in the third degree is a class 4 felony.

13-1507. Burglary in the second degree
A. A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.
B. Burglary in the second degree is a class 3 felony.

13-1508. Burglary in the first degree;
A. A person commits burglary in the first degree if such person or an accomplice violates the provisions of either section 13-1506 or 13-1507 and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony.
B. Burglary in the first degree of a nonresidential structure or a fenced commercial or residential yard is a class 3 felony. It is a class 2 felony if committed in a residential structure.

13-1505. Possession of burglary tools; master key; manipulation key; classification
A. A person commits possession of burglary tools by:
1. Possessing any explosive, tool, instrument or other article adapted or commonly used for committing any form of burglary as defined in sections 13-1506, 13-1507 and

13-1508 and intending to use or permit the use of such an item in the commission of a burglary.
2. Buying, selling, transferring, possessing or using a motor vehicle manipulation key or master key.
B. Subsection A, paragraph 2 of this section does not apply to a person who either:
3. Uses a master key in the course of the person's lawful business or occupation, including licensed vehicle dealers and manufacturers, key manufacturers who are engaged in the business of designing, making, altering, duplicating or repairing locks or keys, locksmiths, loan institutions that finance vehicles and law enforcement.
4. Transfers, possesses or uses no more than one manipulation key, unless the manipulation key is transferred, possessed or used with the intent to commit any theft or felony.
C. Possession of burglary tools is a class 6 felony.

Burglary Defense Tactics | Scottsdale Criminal Defense Attorney
If you are under investigation, been arrested, have active burglary in Scottsdale AZ, you should immediately consult a Scottsdale criminal defense or Scottsdale burglary lawyer to discuss your situation and defense options. You should not discuss your case the police or investigators before consulting a good criminal defense attorney or burglary lawyer in Arizona. Otherwise, it can be used against you and potentially jeopardize your defense case. You should exercise your constitutional right to remain silent and request to speak with your Scottsdale criminal attorney as soon as possible.

Top Arizona criminal attorneys or burglary defense lawyer who defends cases in Scottsdale on a regular basis will utilize one, or a combination or other not listed below as defense tactics:

Determine if your constitutional rights were violated. If so, evidence may be suppressed or can even lead to dismissal of your burglary charges.
• Make sure you are treated fairly
• Investigate and gather evidence regarding the incident that led to arrest.
• Determine if you have an argument for consent to use the property
• Determine if you legal access to enter the building or property and the property you were accused of taking actually belonged to you and can be supported as such.
• Look for flaws in the evidence or prosecutions case.
• Lack of evidence including surveillance video
• Wrong Person on the surveillance video
• No witnesses
• In absence of evidence or witnesses, questionable character or justifiability of the allegation by the accuser.
• Determine strength and evidence the prosecution has against you and determine if there is justification for suppression of any of the evidence.
• Interview or depose witnesses and police.
• Determine if a defense or argument against your guilt "beyond a reasonable doubt" that you committed burglary. The standard in all Arizona DUI and Criminal cases in Arizona, require that a defendant must be proven guilty "beyond a reasonable doubt" to be convicted.
• Build a defense strategy based on the individual circumstances surrounding the incident.
• Use of any one, or a combination of Trial Defenses determined to be the most effective in your case by your Arizona burglary defense attorney
• Present compelling arguments and file motions based on the defenses that will be used in an effort to get your case evidence suppressed, charges reduced, obtain a complete dismissal of charges.
• Explore other legal remedies with the Arizona Court and Prosecution to get you the best possible outcome in your case.

Continue reading "Arrested for Burglary Charges: What you should know about Arizona burglary Laws and sentencing guidelines" »

January 26, 2011

Why You Should Consult a Good Tempe DUI Attorney after a Tempe DUI Arrest.
Top Arizona DUI attorneys who defend cases in Tempe AZ begin with the thought process of building a defense that will lead to getting your AZ DUI charges dismissed.

DUI Charges Tempe AZ
Arizona is one of the toughest states on DUI charges in the country. Further, Tempe Arizona aggressively prosecutes DUI charges and seeking Tempe DUI convictions. The DUI laws in Tempe are strict and penalties severe. If you have been charged or arrested for a Tempe AZ DUI, you should consult a DUI lawyer who defends DUI charges frequently in Tempe AZ as soon as possible.

DUI Charges in Tempe Arizona are subject to the Arizona State DUI laws and penalties. Punishments for a conviction of even a first time DUI in Arizona may include mandatory jail time, suspension of driver's license, fines, fees, probation, mandatory counseling, and court ordered interlock devices on your vehicle to be installed at your expense.
Arizona Felony DUI or Aggravated DUI charges often include harsh penalties such as lengthy prison terms, suspension of driver's license, exorbitant fines, fees, probation mandatory counseling at your cost, and court ordered interlock devices on your vehicle to be installed at your expense. The Tempe AZ court is especially harsh on repeat offenders. Penalties will be based on the following:

• Misdemeanor DUI - DWI v. felony DUI - DWI
• Amount of Blood Alcohol Content (BAC) or other toxic substance or drug in your system,
• First DUI, Second DUI, Third DUI, or other repeat offense,
• Age - under or over 21
• Other criminal charges or offenses that were coupled with your DUI,
• Any prior criminal record,
• Arizona DUI Laws for minimum and maximum penalties,
• Other aggravating factors surrounding your DUI arrest or charges
• Any other penalties the judge orders which is deemed necessary and appropriate

DUI Attorneys Tempe AZ
Resist the temptation of seeking counsel from a friend regarding your DUI instead of a qualified Arizona DUI attorney who defends cases in Gilbert AZ. If you consult someone who is not a licensed Arizona DUI or criminal Defense Attorney in Arizona, you may not be getting accurate advice. In fact, you may be getting advice that could cause you to jeopardize your defense. You need to consult a Tempe DUI defense attorney who knows the Arizona DUI laws inside and out, current or changing legislation, case laws, defense strategies, and be experienced in defending cases in the Arizona criminal justice system. If you have Tempe AZ DUI charges of any kind, you will need to be properly defended by a qualified DUI lawyer in Arizona in frequently defends DUI charges in Tempe Court. By doing so, you will increase your changes of facing the maximum sentences under the law, and even increase your chances of possibly getting the charges dismissed. Without a good Arizona DUI attorney, you are jeopardizing your freedom, future, job, and more that is at risk.

Be sure that the Arizona DUI defense attorney is experienced and defends cases often in the jurisdiction or city where you were arrested and received formal DUI charges or criminal charges. For example if you were arrested in Tempe Arizona for DUI, but you reside in Phoenix AZ, your DUI charges will be filed in Tempe Arizona, and your case will be required to go to court in Tempe AZ. Make sure your DUI attorney defends DUI or criminal charges frequently in Tempe Arizona. It will benefit your defense if your DUI Lawyer is familiar with the Tempe criminal justice system, the court, the prosecution, and judges to hear DUI cases on a frequently in Tempe AZ. In the least, make sure the attorney you consult, or retain is licensed to defend DUI cases in the state of Arizona.

Tempe AZ DUI Defenses
Top Arizona DUI attorneys who defend cases in Tempe AZ begin with the thought process of building defense strategies that will lead to getting your Tempe DUI dismissed.

An experienced Tempe DUI attorney will gather all the evidence, examine your case, determine if any of your constitutional rights were violated, and determine what defense strategies to utilize and yield you the best outcome. Good DUI defense lawyers in Tempe AZ will know when and how to present their compelling arguments in your favor to get your charges dismissed. Depending on the strength and/or weakness of the prosecutions case, your Tempe DUI lawyer will investigate and examine the evidence, and determine if any evidence can justifiably be suppressed.

If the charges can not be dismissed, they will then attempt to negotiate with the prosecution a way of getting the charges reduced to a lesser charge, for example: a criminal charge down to a non-criminal charge, a felony to a misdemeanor, an extreme DUI to a non-extreme DUI and reduce the DUI penalties against you. In other words, in absence of being able to get the Arizona DUI charges dropped, a good AZ DUI defense attorney will make every effort to get the best possible outcome in your case.

Continue reading "DUI Sentencing guidelines: Factors that will affect the severity of penalties for convictions" »

January 25, 2011

10 things top rated Attorneys may advise you to do after a DUI Arrest in Mesa AZ that may increase your chances of getting your DUI charges dismissed or reduced.

1) Consult a DUI attorney who defends DUI charges frequently in the Mesa AZ Court. The chances of getting a dismissal of your DUI, charges reduced, an acquittal, or other favorable outcome increase drastically if you retain a DUI Lawyer or criminal defense attorney to defend you.

2) Remain silent. By remaining silent you will help avoid damage to your defense case. If questioned by Mesa AZ police, or prosecution, politely say you wish to remain silent until your attorney is present. Unjust denial of your request is a violation of your rights and can lead to suppression of evidence or dismissal of your Mesa DUI charges.

3) Write a narrative. Include as much information as you can as can remember. Include events before, during, and after the arrest; discussions, questions and answers; food, drink or medication consumed; and names of witnesses or passengers that may be willing to testify on your behalf. Details that seem irrelevant to you may actually be something an experienced DUI attorney considers material to your defense.

4) Repair any vehicle problems that may have resulted in the DUI stop. This includes burnt out head or tail lights, turn signals, or whatever triggered the Mesa police to pull you over.

5) Get proper insurance and registration. If you were cited for failure to possess proper insurance or registration, get it. If you already had but were unable to provide proof of provide a copy of it to your Mesa DUI attorney, and keep the original for the court.

6) Pay Unpaid Fines or Traffic Tickets. The court will consider your past driving or criminal record to see if you have neglected any other prior driving violations or tickets. If so, this may have an adverse impact on your sentencing.

7) Photograph the location of the DUI stop. An experienced DUI lawyer will be able to recognize if there is anything in the photos, or lack of certain things, that police relied on to stop or arrest you that can result in cause to challenge facts or evidence.

8). Request a Motor Vehicle Hearing: If your driver's license was taken you must request a MVD hearing within 15 days or date otherwise set by the Motor Vehicle Department. Be sure to discuss your options first with your DUI attorney. There are consequences of requesting the hearing that differ from stipulating to a suspension.

9) Appear for your arraignment unless your Attorney advises you otherwise. This is the date on your ticket. If you do not have an attorney, you must appear for the arraignment. If you fail to appear, a warrant will be issued for your arrest. If you have retained a DUI lawyer, they will advise you of whether or not you will need to attend. In many cases your attorney can get have the arraignment vacated or can appear on your behalf.

10) Be on time for all court appearances you are required to attend. If you are late, this is considered ill regard and disrespect to the court and the seriousness of your DUI charges.

For more information about winning criminal and DUI defense strategies visit www.arizonacriminaldefenselawyer.com where you can download free AZ DUI defense books written by experienced attorney James Novak as well as DUI defense videos produced by James Novak, Mesa DUI Defense Attorney.

Continue reading "DUI Arrest Survival Guide: 10 Things you should do after a DUI arrest that will reduce the adverse impacts it has on your life" »

January 24, 2011

Why You Should Consult a Good DUI Attorney after a Chandler DUI Arrest.

Top Arizona DUI attorneys who defend cases in Chandler AZ begin with the thought process of building a defense that will lead to getting your AZ DUI charges dismissed.

DUI Charges Chandler AZ
Arizona is one of the toughest states on DUI charges in the country. Further, Chandler Arizona aggressively prosecutes DUI charges and seeking Chandler DUI convictions. The DUI laws in Chandler are strict and penalties severe. If you have been charged or arrested for a Chandler AZ DUI, you should consult a DUI lawyer who defends DUI charges frequently in Chandler AZ as soon as possible.

DUI Charges in Chandler Arizona are subject to the Arizona State DUI laws and penalties. Punishments for a conviction of even a first time DUI in Arizona may include mandatory jail time, suspension of driver's license, fines, fees, probation, mandatory counseling, and court ordered interlock devices on your vehicle to be installed at your expense.

Arizona Felony DUI or Aggravated DUI charges often include harsh penalties such as lengthy prison terms, suspension of driver's license, exorbitant fines, fees, probation mandatory counseling at your cost, and court ordered interlock devices on your vehicle to be installed at your expense. The Chandler AZ court is especially harsh on repeat offenders. Penalties will be based on the following:

• Misdemeanor DUI - DWI v. felony DUI - DWI
• Amount of Blood Alcohol Content (BAC) or other toxic substance or drug in your system,
• First DUI, Second DUI, Third DUI, or other repeat offense,
• Age - under or over 21
• Other criminal charges or offenses that were coupled with your DUI,
• Any prior criminal record,
• Arizona DUI Laws for minimum and maximum penalties,
• Other aggravating factors surrounding your DUI arrest or charges
• Any other punishments the judge deems necessary and appropriate

DUI Attorneys Chandler AZ
Resist the temptation of seeking counsel from a friend regarding your DUI instead of a qualified Arizona DUI attorney who defends cases in Gilbert AZ. If you consult someone who is not a licensed Arizona DUI or criminal Defense Attorney in Arizona, you may not be getting accurate advice. In fact, you may be getting advice that could cause you to jeopardize your defense. You need to consult a Chandler DUI defense attorney who knows the Arizona DUI laws inside and out, current legislation, changing laws, defense strategies, and be experienced in defending cases in the Arizona criminal justice system. If you have Chandler AZ DUI charges of any kind, you will need to be properly defended by a qualified DUI lawyer in Arizona in frequently defends DUI charges in Chandler Court. By doing so, you will increase your changes of facing the maximum sentences under the law, and even increase your chances of possibly getting the charges dismissed. Without a good Arizona DUI attorney, you are jeopardizing your freedom, future, job, and more that is at risk.

Be sure that the Arizona DUI defense attorney is experienced and defends cases often in the jurisdiction or city where you were arrested and received formal DUI charges or criminal charges. For example if you were arrested in Chandler Arizona for DUI, but you reside in Phoenix AZ, your DUI charges will be filed in Chandler Arizona, and your case will be required to go to court in Chandler AZ. Make sure your DUI attorney defends DUI or criminal charges frequently in Chandler Arizona. It will benefit your defense if your DUI Lawyer is familiar with the Chandler criminal justice system, the court, the prosecution, and judges to hear DUI cases on a frequently in Chandler AZ. In the least, make sure the attorney you consult, or retain is licensed to defend DUI cases in the state of Arizona.

Chandler AZ DUI Defenses
Top Arizona DUI attorneys who defend cases in Chandler AZ begin with the thought process of building defense strategies that will lead to getting your Chandler DUI dismissed.
An experienced Chandler DUI attorney will gather all the evidence, examine your case, determine if any of your constitutional rights were violated, and determine what defense strategies to utilize and yield you the best outcome. Good DUI defense lawyers in Chandler AZ will know when and how to present their compelling arguments in your favor to get your charges dismissed. Depending on the strength and/or weakness of the prosecutions case, your Chandler DUI lawyer will investigate, examine the evidence, to determine if any evidence can justifiably be suppressed.

If the charges can not be dismissed, they will then attempt to negotiate with the prosecution a way of getting the charges reduced to a lesser charge, for example: a criminal charge down to a non-criminal charge, a felony to a misdemeanor, an extreme DUI to a non-extreme DUI and reduce the DUI penalties against you. In other words, in absence of being able to get the Arizona DUI charges dropped, a good AZ DUI defense attorney will make every effort to get the best possible outcome in your case.

Continue reading "DUI - DWI Arrest: Factors that will increase the severity of penalties if you are convicted of DUI charges" »

January 21, 2011

Why You Should Retain a Good DUI Attorney after a DUI Arrest in Phoenix AZ

Top Arizona DUI attorneys who defend cases in Phoenix AZ begin with the thought process of building a defense that will lead to getting your AZ DUI charges dismissed.

DUI Charges Phoenix AZ
Arizona is one of the toughest states on DUI charges in the country. Further, Phoenix Arizona aggressively prosecutes DUI charges and seeking Phoenix DUI convictions. The DUI laws in Phoenix are strict and penalties severe. If you have been charged or arrested for a Phoenix AZ DUI, you should consult a DUI lawyer who defends DUI charges frequently in Phoenix AZ as soon as possible.

DUI Charges in Phoenix Arizona are subject to the Arizona State DUI laws and penalties. Punishments for a conviction of even a first time DUI in Arizona may include mandatory jail time, suspension of driver's license, fines, fees, probation, mandatory counseling, and court ordered interlock devices on your vehicle to be installed at your expense.

Arizona Felony DUI or Aggravated DUI charges often include harsh penalties such as lengthy prison terms, suspension of driver's license, exorbitant fines, fees, probation mandatory counseling at your cost, and court ordered interlock devices on your vehicle to be installed at your expense. The Phoenix AZ court is especially harsh on repeat offenders.

Penalties will be based on the following:
• Misdemeanor DUI, v. felony DUI or aggravated DUI,
• How high your Blood Alcohol Content (BAC) or the amount of other toxic substance or drug in your system,
• First DUI, Second DUI, Third DUI, or other repeat offense
• Age of the defendant
• Other criminal charges or offenses that were coupled with your DUI
• Prior Criminal Offense Record
• Arizona DUI Laws for Minimum and Maximum penalties
• Other aggravating factors surrounding your DUI arrest or charges

DUI Attorneys Phoenix AZ
Resist the temptation of seeking counsel from a friend regarding their DUI instead of a qualified Arizona DUI attorney. If the person you consult is not a licensed Arizona DUI or criminal Defense Attorney in Arizona, you may not be getting accurate advice. In fact, you may be getting advice that could cause you to jeopardize your defense. You need to consult a Phoenix DUI defense attorney who knows the Arizona DUI laws inside and out, current legislation, changing laws, defense strategies, and be experienced in defending cases in the Arizona criminal justice system. If you have Phoenix AZ DUI charges of any kind, you will need to be properly defended by a qualified DUI lawyer in Arizona in frequently defends DUI charges in Phoenix Court. By doing so, you will increase your changes of facing the maximum sentences under the law, and even increase your chances of possibly getting the charges dismissed. Without a good Arizona DUI attorney, you are jeopardizing your freedom, future, job, and more that is at risk.

Be sure that the Arizona DUI defense attorney is experienced and defends cases often in the jurisdiction or city where you were arrested and received formal DUI charges or criminal charges. For example if you were arrested in Phoenix Arizona for DUI, but you reside in Phoenix AZ, your DUI charges will be filed in Phoenix Arizona, and your case will be required to go to court in Phoenix AZ. Make sure your DUI attorney defends DUI or criminal charges frequently in Phoenix Arizona. It will benefit your defense if your DUI Lawyer is familiar with the Phoenix criminal justice system, the court, the prosecution, and judges to hear DUI cases on a frequently in Phoenix AZ. In the least, make sure the attorney you consult, or retain is licensed to defend DUI cases in the state of Arizona.

Phoenix AZ DUI Defenses
Top Arizona DUI attorneys who defend cases in Phoenix AZ begin with the thought process of building defense strategies that will lead to getting your Phoenix DUI dismissed.

An experienced Phoenix DUI attorney will gather all the evidence, examine your case, determine if any of your constitutional rights were violated, and determine what defense strategies to utilize and yield you the best outcome. Good DUI defense lawyers in Phoenix AZ will know when and how to present their compelling arguments in your favor to get your charges dismissed. Depending on the strength and/or weakness of the prosecutions case, your AZ DUI attorney will examine the evidence, to determine if any evidence can justifiably be suppressed (not used against you).

If the charges can not be dismissed, they will then attempt to negotiate with the prosecution a way of getting the charges reduced to a lesser charge, for example: a criminal charge down to a non-criminal charge, a felony to a misdemeanor, an extreme DUI to a non-extreme DUI and reduce the DUI penalties against you. In other words, in absence of being able to get the Arizona DUI charges dropped, a good AZ DUI defense attorney will make every effort to get the best possible outcome in your case.

Continue reading "DUI Convictions: Sentencing Factors that will have an impact on the severity of Penalties" »

January 20, 2011

One Defense High Rated Criminal Defense Attorneys may use to defend Your Mesa, AZ DUI Charges

Mesa AZ DUI Charges
If you were stopped and suspected of a DUI in Mesa AZ, after questioning and some field sobriety testing, the police may have requested that you take a breath test with a Portable Breath Test (PBT) unit. If your Arizona DUI charges were based on the results of the PBT results alone, it can not be used as evidence against you. This scenario gives an experienced Arizona DUI Attorney a strong defense on your behalf that may lead to a dismissal of your Mesa DUI charges.

Breath Test Defense Tactics
Here are just two of many breath test results defense strategies that experienced DUI lawyers in Mesa AZ use to defend your DUI charges:

1. Proper Instructions Were Not Provided to You Prior to Taking the Breathalyzer Test.
Breathing tests machines should be calibrated to test no more than a 10 second long sample. If you were required to breathe into the machine longer than 10 seconds, your breath test results might have indicated a higher blood alcohol level than you actually had in your system.

2. Your Breathing Patterns Were Abnormal at the Time of or During the Breathalyzer test.

Naturally, most people become anxious or can experience anxiety after having been stopped for a DUI, and preparing to take a breathalyzer test. Symptoms of anxiety may peak to hyperventilation in some people. Abnormal breathing patterns such as hyperventilation, shallow breathing, or even refusal to breathe can interfere with an accurate breathalyzer test result.

Choosing a Mesa DUI Lawyer for your DUI Defense
If you have been arrested for a DUI in Mesa AZ you need to consult a good Mesa Arizona DUI lawyer or experienced criminal defense attorney who defends cases in Mesa Court as soon as possible. When you retain tell your Mesa DUI Attorney, if retained, every detail regarding the administration of your breathalyzer test and anything else you can remember regarding the DUI sobriety test, the administration of the breathalyzer test, blood test, questions the police asked you, how you answered, and anything other details regarding the Mesa DUI stop. What may seem irrelevant to you may actually be a viable defense tactic your Mesa DUI Lawyer can use to defend your case, get evidence suppressed or even get your DUI charges dismissed.
Make your Mesa DUI attorney is well versed in the constantly changing and strict Arizona DUI laws, familiar with all forms of DUI testing and their common flaws or weaknesses. Consider a DUI lawyer's qualifications, background, experience, and litigation skills. High rated DUI attorneys in Arizona know how and which DUI defenses will need to be used to based on your set of circumstances. Further the defenses must be used properly through the appropriate channels of the Arizona Criminal Justice System. Also, make sure the DUI attorney defends DUI charges on a regular basis in Mesa Court and is familiar with Mesa court procedures, protocol, the judges and prosecution.

Retaining a good DUI lawyer who defends DUI charges in Mesa AZ, is the best thing you can do to take control of your life and your Mesa AZ DUI charges following your arrest. It can mean the difference between getting the max due to a conviction, v. getting your case dismissed, charges and sentencing reduced, of a much better outcome in your case than if you tried to fight the system alone.

Continue reading "Alcohol DUI - DWI Defenses: Two ways to challenge DUI breath test evidence" »

January 19, 2011

Why You Need an Experienced Criminal Defense Attorney to represent you at your Preliminary Hearing in Phoenix East Valley, AZ

Preliminary Hearing
A Preliminary Hearing is the second phase of the Arizona criminal justice system (with the exception of felony indictments which has a different process). It follows your Initial Court Appearance and was the court date, time and location given to you on your Phoenix East Valley, AZ complaint or citation for your Phoenix East Valley, AZ arrest. You should in consult and retain an experienced criminal defense or DUI defense attorney who defends charges in Phoenix East Valley, AZ Court to represent you for this hearing. They will make sure your rights and defenses are protected. The preliminary Hearing is held before a court commissioner in the Regional Court Center (RCC). It is a critical point in time for your case, and too important to go legally unrepresented.

The Purpose of the Preliminary Hearing
The purpose of the Preliminary Hearing is for the Court Commissioner to decide if there is enough evidence to show that a violation of the law most likely occurred, and that you were probably the one who committed that crime.

The Importance of being represented by a Private Criminal Defense Attorney
At the Preliminary Hearing the prosecution is allowed to present witnesses and evidence against you. However, your Attorney can present exculpatory evidence (evidence in your favor); as well as challenge the prosecution's evidence against you if there is a legal and justifiable basis for it.

Less evidence is needed at this proceeding than an actual trial. However, understand that the prosecution may possess enough evidence for the commissioner to find "probable cause". If the commissioner finds "probable cause", your case will be assigned to the Superior Court and Superior Court Judge for further proceedings and setting a date for trial.

If Your Phoenix East Valley, AZ criminal defense attorney successfully challenges the evidence, gets it suppressed and can educate the prosecution and court on flaws and weaknesses in their case, then the commissioner may find and rule on "no probable cause" and your case will be dismissed.

How to Get a Preliminary Hearing Waived
A preliminary hearing can be waived completely if the Prosecution, your criminal defense Attorney and You all reach a plea agreement before that time. In the case of a plea agreement, your attorney works hard on your behalf to get you an alternative offer that is better than taking a chance, going to trial, and losing. In almost all cases the plea agreement terms are far better, then sentencing for a guilty verdict conviction. And the preliminary hearing, trial and possibility sentencing for a "guilty verdict" by a judge or are all avoided. The decision to go to trial or take a plea bargain is always yours. But it is important that you discuss and understand the ramifications of both choices. The Arizona Jurors have proved to be less lenient in Arizona DUI cases, than other States around the country. In any event, your chances of getting the case dismissed, charges reduced or a better outcome in your case increase drastically with the retention of a private practice criminal defense or DUI attorney who defends Phoenix East Valley, AZ DUI and Chandler criminal charges.

Continue reading "Preliminary Hearing: When it take place, and the purpose of it" »

January 18, 2011

Marijuana Attorney Scottsdale | Criminal Defense

"The key to a successful defense is early retention of your Scottsdale Marijuana Attorney."

Marijuana Attorney Scottsdale AZ | Criminal Defense
A Scottsdale drug charge is not a conviction. You have a chance at freedom by defending your charges with a qualified Marijuana Sales Attorney. With a good Drug defense lawyer your chances of getting your charges dismissed, reduced, or good outcome in your case significantly increase. You have a constitutional right to retain a criminal Attorney. . A good Scottsdale Marijuana Attorney, AZ criminal defense, or drug defense attorney in Arizona will challenge the prosecution's case against you. The best Scottsdale Marijuana attorneys will do everything possible to try to get your charges dismissed or reduced, protect your rights, future and freedom. The key to a successful defense is early retention of your Scottsdale Marijuana attorney.

The best drug defense lawyers, criminal attorneys, and Marijuana lawyers know which defenses to use to most effectively defend your Marijuana sales charges. Every situation is different and carries its on set of circumstances, but Marijuana sales charges can and do get dismissed even if it seems like the odds are against you. An experienced criminal attorney will do everything possible to get your charges dismissed, use every defense possible to challenge the evidence and get the charges dismissed, reduced, or the best possible outcome in your case. There is no magic, and no crystal ball. It simply a matter of using the criminal justice system and your constitutional rights in your favor and being defended by an attorney who can present your defense case with compelling arguments on your behalf through the proper legal channels.

For more information about specific defenses that Marijuana defense attorneys use to challenge Marijuana Sales Charges visit the following website and web page:
http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1651190.html.

Scottsdale Marijuana Charges
You will need to contact a Scottsdale AZ Marijuana attorney or drug defense lawyer who defends cases frequently in Scottsdale AZ courts through the criminal justice system. If you have been charged or arrested in Scottsdale, AZ for Marijuana (pot, cannabis, or weed) possession, sales, cultivation, import, trafficking, smuggling, and possession with intent to sell, or any other Marijuana charges as soon as possible.

These are very serious charges in Scottsdale AZ. Some of the best Marijuana attorneys and drug defense lawyers in Scottsdale provide free consultations, and will be able to provide you with insight concerning the charges, and penalties, and discuss you defense options.

Scottsdale AZ Marijuana, pot, cannabis, or weed is the most common of all drug offenses Arizona. However, this does not reduce the serious nature of sentencing and punishment if you are convicted. Scottsdale, AZ is tough on drug crimes. Sentencing is harsh for convictions. Penalties include jail or prison, exorbitant fees and other penalties for Marijuana sales, possession with intent to sell, Marijuana cultivation, Marijuana import or transport, Marijuana trafficking, or Marijuana smuggling,

Scottsdale Marijuana Sales Laws:
Scottsdale Arizona Marijuana sales laws are strict, and penalties extremely harsh. They are governed, defined, and specifically classified under the State of Arizona's Criminal Law:

"Arizona Revised Statutes (A.R.S.) - Title 13 Criminal Code - Chapter 34 DRUG OFFENSES...13-3405 Possession, use, production, sale or transportation of marijuana; classification...
A. A person shall not knowingly: ...
2. Possess marijuana for sale.
3. Produce marijuana.
4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana...."
Scottsdale Marijuana Sales Penalties
Marijuana sale convictions in Scottsdale carry minimum prison sentences ranging from 1 to 5 years, In addition to prison time you will face exorbitant fines, starting at $750 to $150,000.00.

Below is a list of some factors considered in sentencing through the criminal justice system if convicted of Scottsdale Marijuana sales. This list is not all inclusive.
• Quantity of marijuana involved in the sale or possession with intent to sell.
• If the prosecution can prove that amount of marijuana was over the statutory threshold of two pounds;
• Prior criminal record;
• First time offender or repeat offense;
• Weapon (s) involved;
• Selling or attempting to sell the drugs to a minor;
• Injury or death of a person (s) involved with the drug sale;
• Any other aggravating or extenuating circumstances.
For more criminal defense or DUI defense tips, free videos, and free dui defense books, visit http://www.arizonacrimialdefenselawyer.com

Continue reading "Arrested for Selling Marijuana: Laws, Penalties, and Sentencing Guidelines" »

January 14, 2011

PHOENIX ATTORNEY BURGLARY DEFENSE TACTICS

How Top Phoenix Burglary Lawyers defend Arizona burglary charges in the Phoenix AZ criminal justice system.

Phoenix Burglary Charges
If you have been arrested or charged but not yet convicted of a burglary charge in Phoenix AZ, you should consult an experienced criminal defense attorney in Arizona or AZ burglary defense attorney who defends burglary charges frequently in Phoenix Courts as possible.

Phoenix Burglary Penalties in Arizona
The consequences of a Phoenix burglary conviction include but are not limited to lengthy jail or prison sentences, jail or prison time, property forfeiture, financial restitution to the victim, and a criminal record that can follow you for life. . In most cases the minimum sentencing begins with one year in state prison if convicted, and the incarceration time increases from there, depending on the circumstances surrounding your arrest and charges especially if a weapon, firearm or explosive was in your possession or used. Penalties within a range are based on many factors including but not limited to the following:

• Nature of property stolen
• Value of property stolen
• Damage due to forced entry
• Whether or not a weapon was used
• Type of weapon in your possession or used
• Whether or not the victim or anyone else was injured
• Repeat offenses carry harsher penalties
• Prior Criminal History

Phoenix Burglary Laws
Arizona Laws relating to burglary are strict. Burglary Laws in Arizona are described as the act of being in the process of or actually entering a building or other property with the intent to steal something or other criminal offense. According to Arizona Law you may be arrested or accused of burglary even under the following circumstances:

1) even if the personal residence, commercial property or building is not lock;
2) even if no one is on the property or home at the time;
3) even if nothing was actually taken or stolen from the property.

If you were on the property without authorization or permission and were suspected of intending to take or steal property from another, by attempting to or actually entering the premises you Burglary Laws under Arizona Revised Statutes.

A.R.S. 13-1506. Burglary in the third degree;
A. A person commits burglary in the third degree by:
1. Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein.
2. Making entry into any part of a motor vehicle by means of a manipulation key or master key, with the intent to commit any theft or felony in the motor vehicle.
B. Burglary in the third degree is a class 4 felony.
13-1507. Burglary in the second degree; classification
A. A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.
B. Burglary in the second degree is a class 3 felony.
13-1508. Burglary in the first degree; classification
A. A person commits burglary in the first degree if such person or an accomplice violates the provisions of either section 13-1506 or 13-1507 and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony.
B. Burglary in the first degree of a nonresidential structure or a fenced commercial or residential yard is a class 3 felony. It is a class 2 felony if committed in a residential structure.

13-1505. Possession of burglary tools; master key; manipulation key; classification
A. A person commits possession of burglary tools by:
1. Possessing any explosive, tool, instrument or other article adapted or commonly used for committing any form of burglary as defined in sections 13-1506, 13-1507 and 13-1508 and intending to use or permit the use of such an item in the commission of a burglary.
2. Buying, selling, transferring, possessing or using a motor vehicle manipulation key or master key.
B. Subsection A, paragraph 2 of this section does not apply to a person who either:
3. Uses a master key in the course of the person's lawful business or occupation, including licensed vehicle dealers and manufacturers, key manufacturers who are engaged in the business of designing, making, altering, duplicating or repairing locks or keys, locksmiths, loan institutions that finance vehicles and law enforcement.
4. Transfers, possesses or uses no more than one manipulation key, unless the manipulation key is transferred, possessed or used with the intent to commit any theft or felony.
C. Possession of burglary tools is a class 6 felony.

Burglary Defense Tactics | Phoenix Criminal Defense Attorney
If you are under investigation, been arrested, have active burglary in Phoenix AZ, you should immediately consult an Arizona criminal defense or Arizona burglary lawyer to discuss your situation and defense options. You should not discuss your case the police or investigators before consulting a good criminal defense attorney or burglary lawyer in Arizona. Anything you say can be held against you and jeopardize your defense. You should exercise your constitutional right to remain silent and request to speak with your criminal attorney as soon as possible.

Top Arizona criminal attorneys or burglary defense lawyer will do the following:
• Assure your constitutional rights are not violated. If our constitutional rights were violated, evidence may be suppressed or can even lead to dismissal of your burglary charges.

• Make sure you are treated fairly
• Investigate and gather evidence regarding the incident that led to arrest.
• Determine if you have an argument for consent to use the property
• Determine if you legal access to enter the building or property and the property you were accused of taking actually belonged to you and can be supported as such.
• Look for flaws in the evidence or prosecutions case.
• Lack of evidence including surveillance video
• Wrong Person on the surveillance video
• Lack of witnesses
• In absence of evidence or witnesses, questionable character or justifiability of the allegation by the accuser.
• Determine strength and evidence the prosecution has against you and determine if there is justification for suppression of any of the evidence.
• Interview or depose witnesses and police.
• Determine if a defense or argument against your guilt "beyond a reasonable doubt" that you committed burglary. The standard in all Arizona DUI and Criminal cases in Arizona, require that a defendant must be proven guilty "beyond a reasonable doubt" to be convicted.
• Build an effective defense strategy against the prosecution's case.
• Use of a number of Trial by your Arizona burglary defense attorney
• Present compelling arguments and file motions based on the defenses that will be used in an effort to get your case evidence suppressed, charges reduced, obtain a complete dismissal of charges.
• Explore other legal remedies with the Arizona Court and Prosecution to get you the best possible outcome in your case.

Continue reading "Burglary Laws: Differences between First, Second and Third Degree Burglary" »

January 13, 2011

Why You Should Consult a Good DUI Attorney after a Mesa DUI Arrest.

Top Arizona DUI attorneys who defend cases in Mesa AZ begin with the thought process of building a defense that will lead to getting your AZ DUI charges dismissed.

DUI Charges Mesa AZ
Arizona is one of the toughest states on DUI charges in the country. Further, Mesa Arizona aggressively prosecutes DUI charges and seeking Mesa DUI convictions. The DUI laws in Mesa are strict and penalties severe. If you have been charged or arrested for a Mesa AZ DUI, you should consult a DUI lawyer who defends DUI charges frequently in Mesa AZ as soon as possible.

DUI Charges in Mesa Arizona are subject to the Arizona State DUI laws and penalties. Punishments for a conviction of even a first time DUI in Arizona may include mandatory jail time, suspension of driver's license, fines, fees, probation, mandatory counseling, and court ordered interlock devices on your vehicle to be installed at your expense.

Arizona Felony DUI or Aggravated DUI charges often include harsh penalties such as lengthy prison terms, suspension of driver's license, exorbitant fines, fees, probation mandatory counseling at your cost, and court ordered interlock devices on your vehicle to be installed at your expense. The Mesa AZ court is especially harsh on repeat offenders. Penalties will be based on the following:

• Misdemeanor DUI, v. felony DUI or aggravated DUI,
• How high your Blood Alcohol Content (BAC) or the amount of other toxic substance or drug in your system,
• First DUI, Second DUI, Third DUI, or other repeat offense,
• Age of the defendant,
• Other criminal charges or offenses that were coupled with your DUI,
• Any prior criminal record,
• Arizona DUI Laws for minimum and maximum penalties,
• Other aggravating factors surrounding your DUI arrest or charges
• Any other punishments the judge deems necessary and appropriate

DUI Attorneys Mesa AZ
Resist the temptation of seeking counsel from a friend regarding your DUI instead of a qualified Arizona DUI attorney who defends cases in Gilbert AZ. If you consult someone who is not a licensed Arizona DUI or criminal Defense Attorney in Arizona, you may not be getting accurate advice. In fact, you may be getting advice that could cause you to jeopardize your defense. You need to consult a Mesa DUI defense attorney who knows the Arizona DUI laws inside and out, current legislation, changing laws, defense strategies, and be experienced in defending cases in the Arizona criminal justice system. If you have Mesa AZ DUI charges of any kind, you will need to be properly defended by a qualified DUI lawyer in Arizona in frequently defends DUI charges in Mesa Court. By doing so, you will increase your changes of facing the maximum sentences under the law, and even increase your chances of possibly getting the charges dismissed. Without a good Arizona DUI attorney, you are jeopardizing your freedom, future, job, and more that is at risk.

Be sure that the Arizona DUI defense attorney is experienced and defends cases often in the jurisdiction or city where you were arrested and received formal DUI charges or criminal charges. For example if you were arrested in Mesa Arizona for DUI, but you reside in Phoenix AZ, your DUI charges will be filed in Mesa Arizona, and your case will be required to go to court in Mesa AZ. Make sure your DUI attorney defends DUI or criminal charges frequently in Mesa Arizona. It will benefit your defense if your DUI Lawyer is familiar with the Mesa criminal justice system, the court, the prosecution, and judges to hear DUI cases on a frequently in Mesa AZ. In the least, make sure the attorney you consult, or retain is licensed to defend DUI cases in the state of Arizona.

Mesa AZ DUI Defenses
Top Arizona DUI attorneys who defend cases in Mesa AZ begin with the thought process of building defense strategies that will lead to getting your Mesa DUI dismissed.

An experienced Mesa DUI attorney will gather all the evidence, examine your case, determine if any of your constitutional rights were violated, and determine what defense strategies to utilize and yield you the best outcome. Good DUI defense lawyers in Mesa AZ will know when and how to present their compelling arguments in your favor to get your charges dismissed. Depending on the strength and/or weakness of the prosecutions case, your Mesa DUI lawyer will investigate, examine the evidence, to determine if any evidence can justifiably be suppressed (not used against you).

If the charges can not be dismissed, they will then attempt to negotiate with the prosecution a way of getting the charges reduced to a lesser charge, for example: a criminal charge down to a non-criminal charge, a felony to a misdemeanor, an extreme DUI to a non-extreme DUI and reduce the DUI penalties against you. In other words, in absence of being able to get the Arizona DUI charges dropped, a good AZ DUI defense attorney will make every effort to get the best possible outcome in your case.

Continue reading "DUI Sentencing Guidelines: Factors considered or sentencing for DUI convictions" »

January 12, 2011

CRIMINAL ATTORNEY MESA

You have protected rights under both Federal and Arizona State Constitutions. Be careful not to unknowingly or otherwise waive any of your rights, without the presence and guidance of an experienced Mesa criminal defense attorney or Mesa DUI Lawyer.

If you were arrested in Mesa for a DUI or face criminal charges in Mesa, you should consult a Mesa criminal defense Attorney or DUI lawyer who defends cases often in Mesa Court. Along with litigation experience, knowledge of the constantly changing laws, and Mesa criminal justice system, your Criminal Attorney or DUI lawyer must be familiar with 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?

• Legality of the Arrest - In order 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 by you. If so, you will be arrested and taken into Mesa police custody. An arrest does not automatically mean you are or will be convicted.

• 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 Mesa 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.

Mesa Criminal Rights
You have protected rights both under Federal and Arizona State constitutions and law. It is important that you do not "waive" any of your protected rights without the presence of counsel or the advice of your Mesa criminal attorney or Mesa DUI lawyer. If you decide to waive any of your rights, you may harm your case that may prohibit you from using defenses or suppressing evidence against that otherwise could have used to attempt to get your Mesa criminal or DUI 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) The right to cross-examine or confront a witness during trial who is 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 Mesa AZ
One of your most important rights of all is your right to retain a Mesa criminal defense or Mesa DUI defense lawyer. Your future and freedom depend upon this decision. The best Mesa criminal attorneys and Mesa DUI lawyers will advise you not to waive this right, particularly depending on the severity the charges. Some of the best attorneys in criminal and DUI lawyers in Mesa provide free consultations. It would be prudent for you in the least to consult a Mesa criminal or DUI defense lawyer to discuss your charges and defense options.

It is common knowledge that Arizona criminal and DUI laws and penalties are some of the toughest in the Country. It is unwise to go through the Mesa Arizona criminal justice system and through the Arizona Court processes without good legal representation by a Mesa criminal defense or DUI lawyer in Arizona who defends cases frequently in Mesa. If you go unrepresented it makes the prosecution's job easier and is a fast track to a conviction. The Mesa criminal justice system is a vast maze of procedures, time-lines and protocol that a good criminal defense or DUI attorney deals with every day. Also, without a qualified attorney you also, 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. A good Mesa criminal Attorney or DUI lawyer who defends cases often in Mesa AZ 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 Mesa AZ criminal charges or Mesa DUI will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.

Continue reading "Arrested for DUI Charges: "What are your rights?"" »

January 11, 2011

Chandler AZ Marijuana DUI Defense

"The Passing of Medical Marijuana Prop 203, will not affect Chandler Arizona's strict Drug DUI laws... But top Marijuana DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies".

Chandler DUI with Marijuana Charges
The passing of Medical Marijuana Prop 203 law, will not affect Chandler Arizona's Drug DUI laws. Even if you are a qualified card holder to use Medical Marijuana (pot, weed, grass, cannabis) you will not get immunity against the strict Chandler DUI laws. Without a doubt, Chandler Arizona is on all DUI and Drug DUI charges. If you are stopped by the Chandler police and determined to be driving "impaired to the slightest degree" with Marijuana in your system, you may be arrested or charged with an Arizona Marijuana DUI or Drug DUI. If so, you should consult an Arizona drug defense, criminal defense, or DUI lawyer as soon as possible to discuss your Arizona Marijuana DUI or Drug DUI charges and defense options.

Chandler Marijuana DUI Laws
Chandler Marijuana DUI laws fall under the authority of Arizona State Laws. Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict.

Even if you are a certified Medical Marijuana card holder in Chandler AZ for use of medical Marijuana, or you have taken any other drug legally prescribed by a licensed physician, or an over-the-counter drug at your local drug store while driving and found to be "impaired to the slightest degree", A.R.S. 28-1381 3.B. will apply. Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
"A.R.S. 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....
3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...
B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.
C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."

Drug Marijuana DUI Testing Chandler AZ | DUI Marijuana evidence
The two most common ways Chandler AZ police test for DUI with Marijuana is through blood testing and urine testing. Both are controversial with regard to the test results and may be argued by your marijuana DUI defense lawyer as to whether or not they are admissible or should be suppressed as improper evidence depending on many circumstances. The Chandler Prosecutors generally insist that the blood or urine testing is accurate and should be admissible as evidence to use against you. But Top Drug DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies.

Arizona Marijuana DUI Penalties
Arizona has some of the toughest laws in the country for Drug DUI and any DUI. Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties, fines, fees or punishments that apply for Chandler DUI convictions. References are from A.R.S. 28 - 1381, 28-1382, and 28-1383:

• First DUI (non-extreme) .08+ BAC.................. 24 Hours in Jail
• Second DUI (non-extreme) .08+ BAC.................30 Days in Jail
• First DUI Extreme .15+ BAC ......................... .30 Days in Jail
• Second DUI Extreme .15+ BAC......................... 120 Days in Jail
• First DUI Super Extreme .20+ BAC.................... 45 Days in Jail
• 2nd Super Extreme .20+ BAC..........................180 Days in jail
• Felony DUI (with aggravated classification)......4 Months in Prison
.
Marijuana DUI Defense Attorney Chandler, AZ
The criminal justice system in Chandler Arizona is a maze of procedures, protocol, turbulent legislation, and case law. The Chandler Court is not empathetic to persons charged with DUI, or DUI with drugs of any kind. The job of the Chandler AZ prosecution is to convict you. They are not there to help you or to examine defense strategies to help you defend yourself. Don't count on the judge for favor or help in your defense. The court judge can not do anything to help you unless proper motions and compelling arguments in your defense are presented through the proper legal channels.

You will need a strong criminal defense attorney, Arizona DUI lawyer or criminal defense attorney in Arizona. There is too much for you at stake to go unrepresented by a proper Arizona DUI lawyer. They will be your ally you need to protect your rights, make sure you are treated fairly, defend you, and do everything possible, to try to get your charges dismissed, reduced or the otherwise best outcome in your case.

Continue reading "Marijuana DUI Charges: What you need to know about drug DUI laws, and penalties" »

January 10, 2011

Gilbert AZ criminal defense | Gilbert AZ DUI Lawyer

A key factor in getting a successful outcome for you is early retention of a private practice criminal or DUI defense lawyer who defends cases in Gilbert AZ.
After a DUI arrest in Gilbert Arizona you will have your Initial Appearance before the Gilbert Court within the next 48 hours. It is important that you or someone on your behalf has consulted a criminal defense attorney or DUI lawyer who defends charges in Gilbert AZ on a regular basis, before that time or as soon as possible.

Initial Appearance in Gilbert AZ Court
Your initial appearance is the first phase through the Gilbert AZ criminal justice system. You will appear before the judge in the Gilbert court if that is where you were arrested following your DUI stop. There, the following will take place:

1) You will be read your formal DUI or criminal charges (or complaint).
2) You will be given your release conditions.
3) You will be given your next court date, time and location.
4) You will let the Judge know you plan to or will be retaining a private criminal or DUI attorney to defend you and provide their contact information to the court. If you are unable to retain private legal representation, the court will allow you to fill out an initial screening questionnaire to determine if you qualify to be assigned to a court appointed attorney (public defender).

Tips to Follow After Your Initial Appearance in Gilbert Court
• Do not discuss your case with anyone accept your own criminal defense Attorney
• Do not discuss your case with any police officer or investigator, no matter how polite or courteous they may seem. Simply let them know you are being represented by a defense attorney, and advise them to contact your attorney. Any statement you make to them can damage your defense and be used against you.
• Do not discuss your case with family or friends by phone, or in person. Anything you say even to family members, friends, or acquaintances can be used against you in court. And those persons can be subpoenaed to appear in court to testify against you.
• Keep Your Attorney's contact information with you or available to you at all times.
• Follow the instructions your Gilbert criminal defense attorney or Gilbert DUI lawyer gives you and provide all documentation they are requesting from you. This is what they are trained and have experience doing every day. Their goal should be to provide you the most effective defense possible in order to get you the best outcome.
• Your chances of getting your DUI or criminal charges dismissed, sentencing reduced, evidence suppressed or other favorable outcome, significantly increase when you hire a private criminal defense or DUI lawyer who defends charges in Gilbert AZ. One thing most Good Criminal Attorneys in Gilbert agree upon is this: A major factor in getting a successful outcome for you is early retention of a criminal or DUI defense lawyer.
• Before you make your decision, find out as much as you can about that attorney.

Continue reading "Initial Court Appearance what to expect at your Initial Court Appearance and when it takes place" »

January 7, 2011

CRIMINAL ATTORNEY SCOTTSDALE

You have protected rights under both Federal and Arizona State Constitutions. Be cautious and do not unknowingly or otherwise waive any of your rights, without the presence and guidance of an experienced Scottsdale criminal defense attorney or Scottsdale DUI Lawyer.

If you have active criminal charges or were arrested for a Scottsdale 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, Scottsdale criminal justice system, procedures and required protocol. Most importantly, your Scottsdale criminal attorney or Scottsdale DUI lawyer must be familiar with 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?

• Legality of the Arrest - First, in order 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 by you. If so, you will be arrested and taken into Scottsdale police custody. An arrest does not automatically mean you are or will be convicted.

• 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 Scottsdale 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 Arizona State constitutions and law. It is important that you do not "waive" any of your protected rights without the presence of counsel or the advice of your Scottsdale criminal attorney or Scottsdale DUI lawyer. If you decide to waive any of your rights, you may harm your case that may prohibit you from using defenses or suppressing evidence against that otherwise could have used to attempt to get your Scottsdale criminal or DUI 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 Scottsdale criminal defense or DUI defense lawyer. Your future will depend upon this decision. The best Scottsdale criminal attorney and Scottsdale DUI lawyers will advise you not to waive this right, particularly depending on the charges. Scottsdale 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 Scottsdale Arizona criminal justice system and through the Arizona Court processes without good legal representation by a Scottsdale criminal defense or DUI lawyer in Arizona who defends cases frequently in Scottsdale. If you go unrepresented it makes the prosecution's job easier and is a fast track to a conviction. The Scottsdale 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.

Continue reading "Arrested for a crime: Know your rights so that you can preserve them and avoid waiving any defenses that can be used to defend your charges" »

January 6, 2011

WHY YOU SHOULD FIND A GOOD
CHANDLER CRIMINAL LAWYER IF YOU FACE FELONY CHARGES

Choosing a criminal attorney to defend your felony charges in Chandler AZ may be one of the most important decisions you will make in your life. Select one that you feel will protect your rights, fight to get the charges dismissed, reduced, or the otherwise best possible outcome in your case. Here's why:

Felony Charges Chandler AZ
Felony Charges in Arizona are always very serious criminal offenses and are aggressively prosecuted by city, state and county prosecutors. The best way to protect yourself and preserve your freedom is to hire a highly trained, qualified, proactive and experienced Chandler Criminal Attorney. Chandler AZ felony convictions usually carry steep prison sentences. Some involve long term or life time incarceration in prison; exorbitant fines and fees; and a criminal record that will follow you and adversely effect you for the rest of your life depending on the severity and nature of the crime for which you were convicted.

Felony Sentencing in Chandler
Chandler categorizes crimes into six classifications, with Class 1 being the most severe of crimes which carry the harshest punishments and longest prison sentences. If convicted, most Mesa felony conviction sentences are served in a state prison rather than in a county jail. The felony sentencing and term is dictated by the nature and severity of the criminal charges for which you were convicted. Each felony class includes a range from the minimum term to the maximum term of prison time the convicted defendant will be required to serve.

Chandler Felony Laws
Felony Laws in Chandler Arizona are strict, and penalties harsh. The Felony Laws, Definitions, Classifications, Sentencing guidelines, and Penalties are comprehensive subject to the rules of authority of Arizona State Law and criminal code: Title 13 - Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes.

Felony Attorney AZ | Chandler Criminal Defense
If you have been arrested or charged with a felony in Chandler AZ you will need to retain the legal representation of an experienced criminal defense attorney in Arizona or AZ felony attorney. Your future depends on it. Chandler felony charges are not the type of charges you want to go at alone. Without proper legal representation, you pave the way for a swift and harsh conviction and sentence.

There is no substitute for litigation experience, familiarity with the criminal justice system and courts, knowledge of the ever changing Arizona Laws, familiarity with the judges and prosecutors in the jurisdiction you were arrested for or received the felony charges.
Be sure to select an Arizona Attorney who defends cases in Chandler frequently and who has a vast amount of litigation experience, knowledge, skill, confident, proactive, and one who has the ability to build solid defense on your behalf. Choosing your Chandler criminal attorney may be one of the most important decisions you will make relating to your felony charges in Chandler, AZ, and one that will affect the rest of your life. Choose one that you feel confident will protect your rights, fight to get the charges dismissed, reduced, or the otherwise best outcome in your case.

Continue reading "Felony DUI Charges: Why you need a lawyer if you face aggravated DUI charges" »

January 5, 2011

ARIZONA BURGLARY CHARGES | ARIZONA BURGLARY LAWS

How Top Burglary Lawyers defend Arizona burglary charges in the Arizona criminal justice system.

Arizona Burglary Charges
If you have been arrested or charged but not yet convicted, you should consult an experienced criminal defense attorney in Arizona or AZ burglary defense attorney as soon as possible. The consequences of a conviction include but are not limited to lengthy jail or prison sentences, jail or prison time, property forfeiture, financial restitution to the victim, and a criminal record that can follow you for life. In most cases you will face a range minimum beginning with one year in state prison if convicted, and the incarceration time increases from there, depending on the circumstances surrounding your arrest and charges especially if a weapon, firearm or explosive was in your possession or used.

Arizona Burglary Laws
Arizona Laws relating to burglary are strict. Burglary Laws in Arizona are described as the act of being in the process of or actually entering a building or other property with the intent to steal something or other criminal offense. According to Arizona Law you may be arrested or accused of burglary even under the following circumstances:

1) even if the personal residence, commercial property or building is not lock;
2) even if no one is on the property or home at the time;
3) even if nothing was taken or stolen from the property.

As long as you are on the property without permission and found to have intended to take or steal property from another, you can be subject to arrest or charges according to the Burglary Laws under Arizona Revised Statutes.

A.R.S. 13-1506. Burglary in the third degree; classification
A. A person commits burglary in the third degree by:
1. Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein.
2. Making entry into any part of a motor vehicle by means of a manipulation key or master key, with the intent to commit any theft or felony in the motor vehicle.
B. Burglary in the third degree is a class 4 felony.

13-1507. Burglary in the second degree; classification
A. A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.
B. Burglary in the second degree is a class 3 felony.

13-1508. Burglary in the first degree; classification
A. A person commits burglary in the first degree if such person or an accomplice violates the provisions of either section 13-1506 or 13-1507 and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony.
B. Burglary in the first degree of a nonresidential structure or a fenced commercial or residential yard is a class 3 felony. It is a class 2 felony if committed in a residential structure.

13-1505. Possession of burglary tools; master key; manipulation key; classification
A. A person commits possession of burglary tools by:
1. Possessing any explosive, tool, instrument or other article adapted or commonly used for committing any form of burglary as defined in sections 13-1506, 13-1507 and 13-1508 and intending to use or permit the use of such an item in the commission of a burglary.
2. Buying, selling, transferring, possessing or using a motor vehicle manipulation key or master key.
B. Subsection A, paragraph 2 of this section does not apply to a person who either:
3. Uses a master key in the course of the person's lawful business or occupation, including licensed vehicle dealers and manufacturers, key manufacturers who are engaged in the business of designing, making, altering, duplicating or repairing locks or keys, locksmiths, loan institutions that finance vehicles and law enforcement.
4. Transfers, possesses or uses no more than one manipulation key, unless the manipulation key is transferred, possessed or used with the intent to commit any theft or felony.
C. Possession of burglary tools is a class 6 felony.
Arizona Burglary Defense Tactics | Criminal Defense Attorney AZ
If you are under investigation, been arrested, have active charges of burglary in Arizona, you should immediately consult an Arizona criminal defense or Arizona burglary lawyer to discuss your situation and defense options. You should not discuss your case the police or investigators before consulting a good criminal defense attorney or burglary lawyer in Arizona. Anything you say can be held against you and jeopardize your defense. You should exercise your constitutional right to remain silent and request to speak with your criminal attorney as soon as possible.

Top Arizona criminal attorneys or burglary defense lawyer will do the following:
• Assure your constitutional rights are not violated. If they have been evidence can be suppressed or even lead to dismissal of burglary charges.
• Make sure you are treated fairly
• Investigate and gather evidence regarding the incident that led to arrest.
• Determine if you have an argument for consent to use the property
• Determine if you legal access to enter the building or property and the property you were accused of taking actually belonged to you and can be supported as such.
• Look for flaws in the evidence or prosecutions case.
• Lack of evidence including surveillance video
• Wrong Person on the surveillance video
• Lack of witnesses
• In absence of evidence or witnesses, questionable character or justifiability of the allegation by the accuser.
• Determine strength and evidence the prosecution has against you and determine if there is justification for suppression of any of the evidence.
• Interview or depose witnesses and police.
• Determine if a defense or argument against your guilt "beyond a reasonable doubt" that you committed burglary. The standard in all Arizona DUI and Criminal cases in Arizona, require that a defendant must be proven guilty "beyond a reasonable doubt" to be convicted.
• Build an effective defense strategy against the prosecution's case.
• Use of a number of Trial by your Arizona burglary defense attorney
• Present compelling arguments and file motions based on the defenses that will be used in an effort to get your case evidence suppressed, charges reduced, obtain a complete dismissal of charges.
• Explore other legal remedies with the Arizona Court and Prosecution to get you the best possible outcome in your case.

Continue reading "Burglary Defense: Common defenses that can be used to challenge burglary charges" »

January 4, 2011

Why You Should Retain a Good DUI Attorney after a DUI Arrest in Scottsdale AZ

Top Arizona DUI attorneys who defend cases in Scottsdale begin with the thought process of building defense strategies that will lead to getting your AZ DUI dismissed.
DUI Charges Arizona

Arizona is one of the toughest states on DUI charges in the country. The DUI laws are strict and penalties severe. If you have been charged or arrested for an Arizona DUI, you should consult a DUI lawyer who defends DUI charges frequently in Scottsdale AZ as soon as possible.

Penalties for convictions even a first time, misdemeanor DUI in Arizona, may include mandatory jail time, suspension of driver's license, fines, fees, probation, mandatory counseling, and court ordered interlock devices on your vehicle to be installed at your expense.

Arizona Felony DUI or Aggravated DUI charges often include harsh penalties such as lengthy prison terms, suspension of driver's license, exorbitant fines, fees, probation mandatory counseling at your cost, and court ordered interlock devices on your vehicle to be installed at your expense. The Arizona Courts are especially harsh on repeat offenders and Arizona penalties reflect this.

Arizona DUI Lawyers
Many make the common mistake of trying to seek counsel of a friend regarding their DUI. However, if the friend is not a licensed Arizona DUI or criminal Defense Attorney in Arizona, resist this temptation. This is a dangerous proposition. They will rarely know the Arizona DUI laws inside and out, current legislation, changing laws, defense strategies, and be experienced in defending cases in the Arizona criminal justice system.

If you have Arizona DUI charges of any kind, you will need to be properly defended by a qualified DUI lawyer in Arizona. By doing so, you will increase your changes of facing the maximum sentences under the law, and even increase your chances of possibly getting the charges dismissed. Without a good Arizona DUI attorney, you are jeopardizing your freedom, future, job, and more that is at risk.

After an arrest for drunk driving, or DUI with drugs or medication, you should consult an attorney as soon as possible, to discuss your charges and defense options. Be sure that the Arizona DUI lawyer is experienced and defends cases often in the jurisdiction or city where you were arrested and received formal DUI charges or criminal charges. For example if you were arrested in Scottsdale Arizona for DUI, but you reside in Phoenix AZ, your DUI charges will be filed in Scottsdale Arizona, and your case will be heard through the Scottsdale AZ City Court.

Make sure your DUI attorney defends DUI or criminal charges frequently in Scottsdale Arizona. It will benefit your defense if your DUI Lawyer is familiar with the court system, prosecution, and judges to hear DUI cases on a daily basis in Scottsdale, AZ through the criminal justice system. In the least, make sure the attorney you consult, or retain is licensed to defend DUI cases in the state of Arizona.

Arizona DUI Defenses
Top Arizona DUI attorneys who defend cases in Scottsdale begin with the thought process of building defense strategies that will lead to getting your Arizona DUI dismissed.

They will base their investigation, decisions and strategies on the defenses to utilize based on the individual circumstances surrounding your case. Good DUI defense lawyers in Arizona will know when and how to present their compelling arguments in your favor to get your charges dismissed. Depending on the strength and/or weakness of the prosecutions case, your AZ DUI attorney will examine the evidence, to determine if any evidence can justifiably be suppressed (not used against you).

If the charges can not be dismissed, they will then attempt to negotiate with the prosecution a way of getting the charges reduced to a lesser charge, for example: a criminal charge down to a non-criminal charge, a felony to a misdemeanor, an extreme DUI to a non-extreme DUI and reduce the DUI penalties against you. In other words, in absence of being able to get the Arizona DUI charges dropped, a good AZ DUI defense attorney will make every effort to get the best possible outcome in your case.

Continue reading "DUI Arrest: Consult a criminal defense attorney, not a friend., about your DUI charges" »

January 3, 2011

CRIMINAL ATTORNEY TEMPE

You have protected rights under both Federal and Arizona State Constitutions. Be careful not to unknowingly or otherwise waive any of your rights, without the presence and guidance of an experienced Tempe criminal defense attorney or Tempe DUI Lawyer.
If you were arrested in Tempe for a DUI or face criminal charges in Tempe, you should consult a Tempe criminal defense Attorney or Tempe DUI lawyer who defends cases often in Tempe Court. Along with litigation experience, knowledge of the constantly changing laws, and Tempe criminal justice system, your Criminal Attorney or DUI lawyer must be familiar with 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 - In order 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 by you. If so, you will be placed in hand cuffs, arrested and taken into Tempe police custody. An arrest does not automatically mean you are or will be convicted.
• 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 Tempe 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.

Tempe Criminal Rights
You have protected rights both under Federal and Arizona State constitutions and law. It is important that you do not "waive" any of your protected rights without the presence of counsel or the advice of your Tempe criminal attorney or Tempe DUI lawyer. If you decide to waive any of your rights, you may harm your case that may prohibit you from using defenses or suppressing evidence against that otherwise could have used to attempt to get your Tempe criminal or DUI 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) The right to cross-examine or confront a witness during trial who is 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 Tempe AZ
One of your most important rights of all is the right to retain a Tempe criminal defense or Tempe DUI defense lawyer. Your future and freedom depend upon this decision. It will not only depend on if you retain a criminal defense attorney, but whom you retain. The best Tempe criminal attorneys and Tempe DUI lawyers will advise you not to waive this right, particularly depending on the severity the charges. Some of the best attorneys in criminal and DUI lawyers in Tempe provide free consultations. It would be prudent for you in the least to consult a Tempe criminal or DUI defense lawyer to discuss your charges and defense options.

It is common knowledge that Arizona criminal and DUI laws and penalties are some of the toughest in the Country. It is unwise to go through the Tempe Arizona criminal justice system and through the Arizona Court processes without good legal representation by a Tempe criminal defense or DUI lawyer in Arizona who defends cases frequently in Tempe. If you go unrepresented it makes the prosecution's job easier and is a fast track to a conviction. The Tempe criminal justice system is a vast maze of procedures, time-lines and protocol that a good criminal defense or DUI attorney deals with every day. Also, without a qualified attorney you also, 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. A good Tempe criminal Attorney or DUI lawyer who defends cases often in Tempe AZ 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 Tempe AZ criminal charges or Tempe DUI will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.

For more criminal defense or DUI defense tips, free videos, and free dui defense books, visit http://www.arizonacrimialdefenselawyer.com

Continue reading "Criminal Procedures after a DUI arrest: Your rights in the process" »