May 2011 Archives

May 26, 2011

Mesa AZ criminal defense | Mesa 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 Mesa AZ.
After a DUI arrest in Mesa Arizona you will have your Initial Appearance before the Mesa 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 Mesa AZ on a regular basis, before that time or as soon as possible.

Initial Appearance in Mesa AZ Court
Your initial appearance is the first phase through the Mesa AZ criminal justice system. You will appear before the judge in the Mesa 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).

Helpful Defense Tips Following Your Initial Appearance in Mesa 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 Mesa criminal defense attorney or Mesa 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 Mesa AZ. One thing most Good Criminal Attorneys in Mesa 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+Mesa&IncludeBlogs=401&search=

Continue reading "DUI Arrest: What to expect at the Initial Court Appearnce" »

May 24, 2011

"You have the right to challenge your Mesa DUI, no matter what the circumstances. Your chances of getting your DUI charges dismissed increase significantly if you hire a top Arizona DUI Lawyer who frequently defends DUI Charges in Mesa, AZ."

Arizona sentencing and penalties for a conviction of a Mesa DUI (driving under the influence) or Mesa DWI (driving while intoxicated) conviction depend mostly on two factors:
1) the type of DUI you were arrested or charged for.
2). and whether or not you have a prior DUI or other criminal history.

If you face any type of DUI or DWI charge in Mesa, AZ should consult a Mesa AZ DUI Lawyer or Criminal Lawyer who defends DUI or criminal charges often in Mesa AZ Court. You should ask to speak directly with the attorney, not a sales representative or screener. In order to assist you with your questions, the AZ DUI attorney will need to know the type of DUI you with charged with and any prior DUI or criminal record you have, if any.

Types of Mesa AZ DUI - DWI Charges That May Apply
• Impaired to the Slightest Degree or BAC above .080 (first offense)
• Impaired to the Slightest Degree or BAC above .080 (second offense)
• Extreme DUI BAC .150 -.199 (first offense)
• Extreme DUI BAC .150 -.199 (second offense)
• Super Extreme DUI BAC .200 or higher (first offense)
• Super Extreme DUI BAC .200 or higher (second offense)
• Class 4 Felony Aggravated DUI - the result of 3rd DUI in 7 years or DUI while driver's license was suspended or restricted.
• Class 6 Felony Aggravated DUI - the result of DUI with child under 15 years of age in the vehicle.

DUI "with a prior" DUI, or other prior Criminal Convictions
Any Mesa AZ DUI or Mesa AZ DWI is serious. All DUI convictions include mandatory jail sentences among additional penalties. A Mesa DUI "with priors" or an existing criminal record will result in a more severe sentencing if convicted.
A previous DUI is considered "a prior" if it occurred within the last 7 years or 84 months regardless of what state it occurred.

Mesa AZ DUI Penalties
Mesa DUI classifications, sentencing and penalties are governed by the State of Arizona DUI laws. Depending on the circumstances, the judge usually has authority to add additional punishments on top of the mandatory penalties as they deem appropriate.
The penalties are referenced in detail and described for each violation at "azleg.gov/ArizonaRevisedStatutes... under the following citations: "Article 3 Driving Under the Influence 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification 28-1382 Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification 28-1383 Aggravated driving or actual physical control while under the influence; violation; classification; definition..."
Mesa AZ is has a reputation for being one of the toughest cities in Arizona to get a DUI. Their police force is highly trained and committed to prosecuting DUI charges.

Any Mesa DUI or DWI conviction will expose you to the following minimal penalties:
• Mandatory Jain in Jail
• Fines, Fees, Costs,
• Mandatory Installation of an Ignition Interlock Device installed in your vehicle (at your expense), for a court ordered amount of time.
• Alcohol and or drug screening which may result in mandatory participation in a certified counseling, or treatment program.

Mesa AZ Felony DUI
A Mesa AZ felony DUI also known as "aggravated DUI" conviction carries much more severe penalties. These usually include extended incarceration in jail or prison, depending on the circumstances in your case. They also include higher fines, fees, and costs, probation, among other penalties.

Mesa DUI Lawyers and the need for DUI Defense Mesa AZ
If you were arrested for a Mesa DUI, does not automatically mean you will be found guilty or convicted, no matter how high your BAC or other circumstances surrounding the charges. You have a constitutional right to defend your DUI charges. You also have the right to defense counsel. The best Mesa AZ DUI lawyers will fight to get your Mesa DUI charges dismissed, reduced sentence/penalties, or an otherwise better outcome in your case.

If you wish to fight your Mesa DUI and have a chance at getting your charges dismissed, you will need to hire an experienced Mesa AZ DUI Lawyer who often defends DUI and criminal charge in Mesa AZ Court. In the meantime, you do not want to do or say anything that will harm your case. Remain silent, and respectfully request to speak with an attorney first. Let them know that you will answer the questions and remain in compliance as long as your DUI attorney is present. Your attorney will provide defense, and make sure you do not say or do anything that will incriminate or harm your defense case.

Continue reading "Types of DUI charges and sentencing guidelines" »

May 12, 2011

How Good DUI Attorneys in Scottsdale AZ Build Winning Defense Cases

You may wonder what your Scottsdale DUI lawyer is really doing to help you. Your Scottsdale DUI lawyer should answer any questions you have regarding their efforts. A good Scottsdale AZ criminal defense or DUI Attorney is involved in many defense activities behind the scenes on your behalf. If you were arrested in Scottsdale AZ for DUI or other criminal charges, and convicted, you will face some of the most severe penalties in the country according to Arizona State Laws. You should consult a private practice Scottsdale DUI lawyer or criminal defense attorney who defends criminal charges in Scottsdale Court as soon as possible. It is common practice for DUI and criminal defense attorneys to provide free consultations for your Scottsdale DUI or Criminal Charges.

After retention, your DUI or criminal defense attorney defending you in Scottsdale Court will guide you through every phase of the Scottsdale criminal justice system. Below is just a brief outline of some of the activities a qualified and experienced Scottsdale DUI lawyer or Criminal defense attorney does to build you a winning defense for your Criminal or DUI charges in Scottsdale AZ:

• Obtain and evaluate evidence;
• Look for evidence in that can be used in your favor;
• Retest chemical evidence such as blood or urine samples initially obtained by police. (Ask them to draw a second sample for your defense, if they do not offer at that time).
• Review all evidence and determine if an independent expert would be helpful in educating the prosecution and court on very technical aspects of evidence or findings;
• Examining police reports, the citation, test results, photographs, and #911 call transcripts, to find weaknesses or flaws in evidence the prosecution will attempt to use against you;
• Interviewing or deposing witnesses for the prosecution such as detectives or the arresting officers;
• Finding and interviewing witnesses who may be willing to testify in your favor for such things as their observations about your sobriety if they were passengers in the vehicle;
• Choose the defense strategies that will most likely reap the best outcome for you;
• File motions with the Scottsdale Court and Criminal Justice System within required deadlines. .
• Mounting your defense case against the prosecution. A good Scottsdale AZ DUI Lawyer will recognize those opportunities and act swiftly through the criminal justice system to get evidence suppressed, reduction in charges, modify sentencing in your favor, get some or all charges in your case dismissed.
• Participate in court hearings, and pre-trial conferences; or trial;
• Prepare compelling arguments both verbally and written for trial, conferences and the filing of motions;
• Working with you, the prosecution, and Scottsdale Court to obtain mutually agreeable plea agreement or other more favorable resolution to avoid a criminal or DUI conviction and harsh sentencing that can result from trial outcomes.

DUI charges don't get dismissed by luck or courtesy from the Scottsdale Court. When choosing your Scottsdale DUI lawyer, it is wise to consider whether or not that Scottsdale DUI or criminal defense attorney has the qualifications, litigation experience and the time needed to defend your case and fight for a winning outcome. If you are represented by such an attorney your chances of getting your DUI or criminal charges reduced or dismissed significantly increase.

Continue reading "How a good criminal lawyer will help you defend your DUI Charges" »

May 10, 2011

You have the right to fight your Chandler DUI, no matter what the circumstances. Top Chandler AZ attorneys agree that the key to a winning defense is to hire an experienced Chandler AZ DUI Attorney early.

Chandler AZ sentencing for a DUI or DWI convictions depend mainly on two factors:
1) the type of DUI you are charged with and
2). if you have other DUI or criminal convictions on your record. If you face any type of DUI or DWI charge in Chandler, AZ should consult an AZ DUI Lawyer or Criminal Lawyer who defends DUI or criminal charges in Chandler AZ Court.

You should ask to speak directly with the attorney, not a sales representative or screener. In order to assist you with your questions, the AZ DUI attorney will need to know the type of DUI you with charged with and any prior DUI or criminal record you have, if any.

Types of Chandler AZ DUI - DWI Charges That May Apply
• Impaired to the Slightest Degree or BAC above .080 (first offense)
• Impaired to the Slightest Degree or BAC above .080 (second offense)
• Extreme DUI BAC .150 -.199 (first offense)
• Extreme DUI BAC .150 -.199 (second offense)
• Super Extreme DUI BAC .200 or higher (first offense)
• Super Extreme DUI BAC .200 or higher (second offense)
• Class 4 Felony Aggravated DUI - the result of 3rd DUI in 7 years or DUI while driver's license was suspended or restricted.
• Class 6 Felony Aggravated DUI - the result of DUI with child under 15 years of age in the vehicle.

DUI "with a prior" DUI, or other prior Criminal Convictions
Any Chandler AZ DUI or DWI should be taken seriously. All DUI convictions include sentences of mandatory jail time, among additional punishments. A Chandler DUI Charge "with priors" or an existing criminal record will result in a more severe sentencing if convicted. A previous DUI is considered "a prior" if it occurred within the last 7 years or 84 months regardless of what state it occurred.

Chandler AZ DUI Penalties
Chandler DUI classifications, sentencing and penalties are governed by the guidelines, and minimum sentencing rules under the State Laws of Arizona. You have surely heard by now that Arizona has some of the toughest DUI laws and penalties in the country.
Classifications and penalties can be found in detail under each type of violation at "azleg.gov/ArizonaRevisedStatutes. Here are a few citation references to send you in the right direction to find exactly what you are looking for"

"...Article 3 Driving Under the Influence 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification 28-1382 Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification 28-1383 Aggravated driving or actual physical control while under the influence; violation; classification; definition..."

Chandler AZ DUI Sentencing
Although there are minimum sentences that exist for any Chandler DUI conviction, the judge in many cases has some discretion of ordering additional punishments. They will make their decisions on the merits of each case, depending on the facts of your case, and any prior criminal or DUI history.

Chandler DUI or DWI convictions will expose you to the following minimal penalties:
• Mandatory Jail;
• Fines, Fees, Costs;
• Mandatory Installation of an Ignition Interlock Device installed in your vehicle (at your expense), for a court ordered amount of time;
• Alcohol and or drug screening which may result in mandatory participation in a certified counseling, or treatment program.

Chandler AZ Felony DUI - DWI
A Chandler AZ felony DUI also known as "aggravated DUI". Conviction for an aggravated DUI is extremely serious and carries very harsh penalties. These usually include extended incarceration in jail or prison, depending on the circumstances in your case. They also include higher fines, fees, and costs, probation, among other penalties.

Chandler DUI Lawyers and the need for DUI Defense Chandler AZ
Remember, a DUI arrest for a Chandler DUI, does mean you are "guilty". Nor is it a conviction. No matter how high your BAC or other circumstances surrounding the charges, you still have the right to challenge the DUI charges. Even though you were charged or arrested, you are still innocent until proven guilty.. You also have the right to a defense attorney. Choose your DUI attorney wisely. For your best chance at a winning defense, make sure it is a private practice attorney, who has the time and resources to spend to fight your DUI. The best Chandler AZ DUI lawyers will fight to get your Chandler DUI charges dismissed, reduced sentence/penalties, or an otherwise better outcome in your case.

Continue reading "DUI Charges: Types of DUI offenses and their classification" »

May 2, 2011

HOW TOP DUI ATTORNEYS USE BLOOD TEST RESULTS TO DEFEND DUI CHARGES IN ARIZONA

Arizona DUI Drug Charges and Arizona DUI Defense
Good Arizona DUI lawyers know what defenses to use given an individual set of DUI circumstances. The primary test for the existence drugs in a driver's system is blood testing. Urine testing is also used in some cases, depending on the circumstances. Even if the test results are positive for drugs or even at a high level, don't lose hope. High rated criminal defense attorneys and DUI lawyers know how to challenge this evidence. If there are flaws, violations in procedure or protocol of the testing, storage, transport or more, an effective Arizona DUI defense Attorney will know how to challenge it.
Below are just a few defense tactics used for DUI lawyers in Arizona This list is not all inclusive:

THE BLOOD OR URINE SAMPLE IMPROPERLY LABELED
Was your blood or urine sample properly labeled by authorized personnel?
If the sample did not have the correct labeling, then it can be challenged as to whether or not the sample is in fact yours, as well as other violations that may exist with regard to handling of the sample.

BLOOD DRAW ARM CLEANING
When the police or hospital worker prepare you arm for the blood draw did they use an approved non-alcoholic cleansing agent or was the sample tainted form an improper cleaning agent?
If not this evidence may be suppressed.

POLICE BLOOD TEST INACCURATE
Was blood testing protocol and procedures followed to draw, test, analysis, and preservation followed?
Many times the personnel conducting the blood test may fail to follow prescribed rules of testing, analysis, or preservation recommendations. Blood evidence can often be challenged, suppressed, in the event of any such deviation or violations of proper handling.

HOSPITAL BLOOD TEST INACCURATE
Did the hospital follow practices needed for a valid blood tests draw and results needed to arrest and convict a defendant?
Busy hospitals are not law enforcement agencies and do have to comply with policing authorities to prosecute DUI defendants. The medical guidelines and criteria adhered to by the hospital may be different than are needed to arrest and convict someone for DUI. Their medical protocol and procedures may be different from a medical standpoint to meet their own medical governing agency guidelines, not criminal authority guidelines. They are set-up for medical treatment and testing, not for arrests and crime convictions. This includes chain of custody, training to conduct blood draw on a person, and knowledge and experience of recognizing chemicals that would not taint the sample and cause an improper alcohol reading for conclusion used for DUI arrests and convictions.

PRESERVATION OF THE BLOOD SAMPLE
Was your blood sample preserved properly?
The preservation process can be an issue. The blood vials must have been stored properly prior to its use. The blood vials must not be used beyond the expiration date. The blood vials must be preserved in order to provide your defense attorney with the opportunity to test the sample with an independent lab for purposes of objectivity in your defense.

THE URINE SAMPLE COLLECTED WAS IMPROPERLY TESTED
Was your urine sample properly tested?
The urine taken for drug testing must also be properly tested according to required testing procedures and protocol, for handling, transport, labeling, and preservation, including the containers for which the urine specimen is stored.

DUI Defense Lawyers in Arizona
The first thing you should do after being arrested or charged with a DUI is call an experienced AZ DUI lawyer to discuss your charges and defense options. Knowing the defenses and utilizing them are very different. Make sure the DUI attorney you hire is well versed and examining all aspects surrounding blood and urine sample and can present compelling arguments on your behalf if flaws or weaknesses exist. Be sure when your blood is drawn or urine sample taken that you request a second sample be drawn for your defense attorney. Your Arizona defense attorney often has the blood retested by an independent lab to determine if the results are consistent with what the police obtained. And your Arizona DUI defense will also investigate the areas described above to determine if there are weaknesses or flaws that caused the prosecutions results to be inaccurate. If so, it may lead to the evidence being suppressed, charges reduced, or a complete dismissal of charges.

Continue reading "Defenses for DUI and Drug Blood Test Evidence" »