Criminal Procedures after a DUI arrest: Your rights in the process

  
January 3, 2011
By James E. Novak, P.L.L.C. on January 3, 2011 6:02 AM |

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

If you have been arrested for any Tempe AZ DUI other criminal charge, contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Tempe Arizona and valley wide within Maricopa County.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.