June 2011 Archives

June 29, 2011

Outstanding Arrest Warrants in Chandler - First Get the Facts

"How to Get Your Chandler Arrest Warrant 'Quashed' (cancelled) by Retaining a DUI or Criminal Attorney who Defends Charges in Chandler AZ"

Chandler Arrest Warrants
Do not ignore an outstanding Chandler AZ arrest warrant. This is every very serious matter with serious consequences. Arrest Warrants gives police the legal authority to detain and arrest you for a criminal, DUI, or other violations of the law.

How Long a Chandler Arrest Warrant Can Remain Outstanding
Indefinitely. Arrest Warrants will stay outstanding until taken care of in the eyes of the court and law enforcement officials. Arrest Warrants don't just go away by themselves. They can't be "waited out", because in Arizona, there are no expiration dates on outstanding arrest warrants. Defendants can be arrested decades later after being pulled over for a minor traffic infraction. Sooner or Later, it will catch up with you. Arrest Warrants will remain outstanding until either the bond is posted or the judge decides to "quash" or cancel it. The judge may require a bond be posted before canceling the warrant. So it is best to be make arrangements in advance to post a bond for your court appearance.

How to find out if you have an Outstanding arrest warrant in Chandler
There are a variety of ways to find out if you have an outstanding warrant for your arrest in Gilbert. But the fastest, safest, most reliable way is to consult a criminal defense lawyer or DUI lawyer who defends cases in Chandler AZ. They will conduct a thorough search via their accessible legal resources, and advise you of the most current information available. Upon Retention, they will guide you through the steps that are in your best interest of defense.

Types of Arrest Warrants in Chandler AZ
Here are the most common types of "arrest" warrants:
• Police Arrest Warrants: These are arrest warrants issued by Police or Law Enforcement Agencies, in order to detain or arrest someone. An arrest warrant can be issued when police feel they have sufficient evidence to suspect a crime was or is being committed and that person was involved in the crime. Refer to A.R.S. Criminal Code Title 13 - Beginning with Article 7, 13-3881

• Bench Arrest Warrants: These are warrants issued by the Chandler Court Judge. A bench warrant is issued when a defendant fails to appear for their scheduled court time and date for the initial criminal or DUI matter. There are a many reasons why a person may have failed to appear in court, some better than others. None the less, it is in your best interest to retain a Chandler DUI lawyer or Chandler criminal lawyer who can "tell your side of the story". They will be able to present compelling arguments, through the proper legal channels in your defense regarding the initial charges and reason for outstanding arrest warrant if it was due to "failure to appear" Reference A.R.S. Criminal Code Title 13-2506 Failure to appear in the second degree; classification 13-2507 Failure to appear in the first degree; classification..."

Defense Options for Arrest Warrants Chandler AZ
1) Pay the bond amount set by the judge. Once you pay the bond the warrant will be quashed. You will then be given a new court date if the warrant is for failure to appear. If you miss your court date again, or cause further delays, the court will frown upon this with more severe penalties. You must appear for the newly assigned court date if you have not hired a Criminal Defense Lawyer who defends charges in Chandler AZ They have be able to negotiate alternative more favorable arrangements or can get the warrant quashed all together.

2) Appear before the judge during a "Walk-in Docket". The Mariocopa County Courts usually provide availability of dates and times unscheduled court appearances for which "Walk-in Dockets" can be heard. In the very least you should consult a Chandler AZ criminal attorney to discuss your matter and how to proceed before you appear at a "Walk-in Docket" unrepresented.

3) This is the best way for you to handle an outstanding arrest warrant: Retain a private practice Chandler criminal attorney or Chandler DUI lawyer as soon as you can. Early retention is the key to a successful defense for any charges. Your Defense Attorney will advise you of the steps that should be taken in your best interest. They will confirm the facts, and if retained, may be able to file a Motion to quash your warrant. Then, if hired they will begin working on a defense strategy for the Chandler Criminal or DUI Charges.

Continue reading "How to resolve an arrest warrant" »

June 27, 2011

5 facts you need to know if you were charged with Drunk Driving in Phoenix Arizona

1 An Arrest for drunk driving in Phoenix AZ is very serious. The laws are strict and penalties severe. If you choose not to retain a private practice Arizona DUI
defense Attorney, you will most likely be convicted. The best chance you have of getting your DUI dismissed is to retain a private practice Arizona criminal defense Lawyer or AZ DUI Defense Attorney. According to current laws in place, if you are convicted for an Arizona DUI you will be exposed to sentenced to jail time, as well as other Severe penalties.

2 The Maricopa County or Phoenix AZ Prosecutor is not your friend. Following your Phoenix drunk driving arrest, your DUI charges will then go to the Maricopa County Prosecutor for review and handling. Should the situation present itself, the prosecutor may appear friendly, and greet you with a smile- But beware. They have a job to do. That is to convict you of a Phoenix DUI. If the prosecutor strikes up a conversation with you, be polite. But do not engage in any discussion regarding your Phoenix DUI charges. You have the right to remain silent. Use it. If not, the prosecutor can and will take note all that you say which can be held against you. Therefore, politely acknowledge your right to remain silent, until you are accompanied with, or speak to your AZ DUI Lawyer.

3 Make sure you appear to all your court dates for your Arizona drunk
driving charge. If you miss your court date or are late the Judge may issue an
arrest warrant for your "failure to appear". The only time you would not need to appear your scheduled court date is if you have retained a private practice Arizona DUI lawyer, or the Maricopa County Judge instructs you otherwise.

4 When charged with a Phoenix DUI, you will need to deal with two separate entities. First, is the Arizona Division of Motor Vehicle (DMV)? An Arizona DUI charge may initiate the suspension of your drivers' license even before your court matter is complete. The second is criminal Court for the criminal matter, the AZ DUI.

5 If you retain an experienced DUI lawyer who defends DUI charges in Phoenix, they will immediately begin your drunk driving defense. A successful defense begins before your first scheduled court date. This is important, because doing nothing, or waiting until the last minute is detrimental to your defense including negotiating opportunities passed by, and filing early and relevant defense motions. Also, you may have waived rights you could have used in your defense. There are no second chances. If you decide to go unrepresented by a qualified Phoenix DUI attorney, you will be held to the same standard of the court as if you were represented by a DUI Attorney. This includes complying procedures, attending all conferences and court appearances, abiding by court standards, processes, protocol and deadlines, no different that if you hired a Phoenix defense attorney. It is true, criminal and DUI charges are dismissed every day do to the police or prosecution violating Court or their own policies.

Your Phoenix DUI Attorney will promptly seek out evidence and motions in your defense;, be prepared to try to get evidence dismissed; find exculpatory evidence (evidence favorable to your defense); and make every effort to open lines of communication and negotiate with the prosecutor on your behalf. They will build and present the best arguments and defense strategy based on the facts you case, provide a solid defense, and to make every attempt to get your Phoenix DUI charges dropped.

Continue reading "Drunk Driving Arrest: DUI Survival Tips" »

June 23, 2011

Why You Need a Good Criminal Attorney to represent you at your Preliminary Hearing in Mesa AZ

Preliminary Hearing
Preliminary Hearings are usually held for non-indictment Felonies. A preliminary Hearing is next proceeding in through the Mesa AZ criminal justice system following your Initial Court Appearance. It is the court date, time and location given to you following your Mesa AZ arrest. It is important that you consult and retain an experienced criminal defense or DUI defense attorney who defends charges in Mesa AZ a regular basis and is familiar with Mesa Court protocol, your rights, and defenses. The preliminary Hearing is held before a court commissioner in the Regional Court Center (RCC).

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 Criminal Defense Attorney
The prosecution can present witnesses and evidence against you at this hearing. And your Attorney can present evidence exculpatory evidence (evidence in your favor), as well as challenge the prosecution's evidence against you if there is legal basis to do so.
Less evidence is needed at this proceeding than a trial. However, be aware that there may be enough 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 Mesa 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.

Waiving a Preliminary Hearing
A preliminary hearing can be waived completely if the Prosecution, your criminal defense Attorney and You 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 avenues.

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 Mesa DUI and Mesa criminal charges.

Continue reading "The Purpose of a Preliminary Hearing; and why you should have qualified legal representation for it" »

June 21, 2011

Arrest Warrants - Facts You Should Know about Outstanding Arrest Warrants in Phoenix AZ

"How Good Phoenix Criminal Defense Lawyers Quash Phoenix Arrest Warrants"
Find out if you have an outstanding arrest warrant

There are a variety of ways to find out if you have an outstanding warrant for your arrest. However, the safest, most reliable way is to contact a Phoenix criminal defense lawyer or Phoenix DUI lawyer to find out. Simply let them know that you suspect there may be one and why. A criminal defense Attorney who defends charges in Phoenix will conduct a search through their accessible legal resources, then advise you of the most accurate and current information available.

Types of Arrest Warrants used in Phoenix AZ
In general there are two types of "arrest warrants":
• Police Arrest Warrants: These are arrest warrants issued by Police or Law Enforcement Agencies in order to detain or arrest someone. An arrest warrant is issued when a crime is committed and there is a reasonable belief, substantiated by enough evidence to suspect that someone committed or was involved in a crime.
• Bench Arrest Warrants: These are warrants issued by the Phoenix Court Judge. A bench warrant is issued against a defendant if they failed to appear for a scheduled court appearance for their criminal or DUI matter. There are a multitude of reasons why a person may have failed to appear in court as previously scheduled. Some better than others. But in any event it is best to retain a criminal defense attorney who will tell your side of the story, present a compelling argument on your behalf, for the matter. They will usually be able to defend you for the initial charges as well.

Defense Options for Facing Arrest Warrants in Phoenix AZ
Do not ignore an arrest warrant. It is a very serious matter. They don't just go away by themselves. Some people are arrested decades later upon being stopped for a minor traffic violation or other matter. Sooner or later you will be picked up and arrested. In Arizona there are no expiration dates on an outstanding arrest warrant. If you have a warrant it will remain outstanding until either the bond is posted or the judge decides to "quash" or cancel it. The judge may require a bond be posted before canceling the warrant. So it is best to be make arrangements in advance to post a bond for your court appearance.

1) The first option you have is to pay the bond amount set by the judge. Once you pay the bond amount, the warrant will be quashed and you will be given a new court date if the warrant is for failure to appear. You must appear on the new scheduled court date if you have not hired a Phoenix Criminal Defense Lawyer who may be able to make other more favorable arrangements on your behalf. If you miss your court date again, or cause further delays, the more harshly you will be treated by the court and the more severe your penalties will be.

2) The second option is to appear before the judge during the Walk-in Docket. Phoenix Court usually provides a daily time for defendants who need to make unscheduled court appearances. Unscheduled appearances are heard only at specified times available by the Phoenix AZ Court. In the least you should consult a Phoenix AZ criminal attorney to discuss your matter and how to proceed given your defense options.

3) The third option is the best way for you to deal with an arrest warrant: Retain a private practice Phoenix criminal attorney or Phoenix DUI lawyer. As soon as you find out, one exists early retention is the key to a successful defense. This is the time frame where you most likely will have the most defense options. Your Phoenix criminal lawyer will confirm the facts, and if retained, can file a Motion to quash your warrant. At that point they can also begin tailoring a solid defense strategy for your Phoenix Criminal or Phoenix DUI charges.

Continue reading "Types of Arrest Warrants, and what to do if you have one" »

June 17, 2011

Arrest Warrants - Facts You Should Know about Outstanding Arrest Warrants in Tempe AZ

"What Good Tempe Criminal Defense Lawyers do to Quash Your Tempe Arrest Warrant"
Find out if you have an outstanding arrest warrant

There are various ways to find out if you have an arrest warrant. However, the safest, most reliable way is to contact a Tempe criminal defense lawyer or Tempe DUI lawyer. Simply let them know that you suspect there may be one and why. A criminal defense
Attorney will conduct a search through their most commonly used resources. Once found, they will advise you of the most accurate information available, and provide you information for defense options.

Types of Tempe AZ Arrest Warrants
In general there are two types of "arrest warrants":
• Police Arrest Warrants: Warrants issued by Police or Law Enforcement Officials in order to detain or arrest someone. An arrest warrant is issued when a crime is committed and there is a reasonable belief, substantiated by concrete evidence that a person was involved in the crime. It also allows the police officer to search a person or place if they have good reason to believe a crime was or is being committed.
• Bench Arrest Warrants: These are warrants issued by the Tempe Court Judge. A bench warrant is issued against a person after they have failed to appear for their scheduled court appearance date and time. There are many reasons a person many not have appeared in court as scheduled. Some reasons are better than others of course. But no matter what the reason, it is best to retain a criminal defense attorney who will tell your side of the story and present a compelling argument on your behalf based on the circumstances.

Your Defense Options for Outstanding Arrest Warrant in Tempe AZ
Do not ignore an arrest warrant. It is a very serious matter. They don't just go away by themselves. Some people are arrested decades later upon being stopped for a minor traffic violation or other matter. Sooner or later you will be picked up and arrested. In Arizona there are no expiration dates on an outstanding arrest warrant. If you have a warrant it will remain outstanding until either the bond is posted or the judge decides to "quash" or cancel it. The judge may require a bond be posted before canceling the warrant. So it is best to be make arrangements in advance to post a bond for your court appearance.

1) The first option you have is to pay the bond amount set by the judge. Once you pay the bond amount, the warrant will be quashed and you will be given a new court date if the warrant is for failure to appear. You must appear on the new scheduled court date if you have not hired a Tempe Criminal Defense Lawyer who may be able to make other more favorable arrangements on your behalf. If you miss your court date again, or cause further delays, the more harshly you will be treated by the court and the more severe your penalties will be.

2) The second option is to appear before the judge during the Walk-in Docket. Tempe Court usually provides a daily time for defendants who need to make unscheduled court appearances. Unscheduled appearances are heard only at specified times available by the Tempe AZ Court. In the least you should consult a Tempe AZ criminal attorney to discuss your matter and how to proceed given your defense options.

3) The third option is the best way for you to deal with an arrest warrant: Retain a private practice Tempe criminal attorney or Tempe DUI lawyer. As soon as you find out, one exists early retention is the key to a successful defense. This is the time frame where you most likely will have the most defense options. Your Tempe criminal lawyer will confirm the facts, and if retained, can file a Motion to quash your warrant. At that point they can also begin tailoring a solid defense strategy for your Tempe Criminal or Tempe DUI charges.

Continue reading "The difference between a bench warrant and a police warrant for arrest" »

June 15, 2011

Why You Need an Experienced Criminal Defense Attorney to represent you at your Preliminary Hearing in Arizona

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 Arizona complaint or citation for your Arizona arrest. You should in consult and retain an experienced Arizona criminal defense or DUI defense attorney 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 Arizona 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 Arizona Superior Court Judge for further proceedings and setting a date for trial.

If Your Arizona 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 Arizona criminal defense or DUI attorney.

Continue reading ""What is a Preliminary Hearing?"" »

June 13, 2011

"Yes, you can hire a private practice AZ DU lawyer if you are unhappy with your public defender. But the problem with the "try free first" rationale is that often it is too late to switch..."

June 13, 2011
AZ DUI Law Article By: James Novak, Arizona DUI and Criminal Defense Lawyer

If you face Phoenix DUI charges, in Maricopa County you will need to consider hiring a private practice Phoenix DUI lawyer v. Maricopa County Court Appointed Public Defender or "Contract Attorney". First, you should know there are certain differences that will most likely effect the outcome of your DUI case. It would be prudent to understand both the advantages and disadvantages.

Whether you were arrested for a misdemeanor DUI or Felony DUI, the stakes are high and negative consequences can be life altering. Arizona has some of the toughest DUI Laws and penalties in the country that if convicted can include but are not limited to Jail or prison terms; Court order of using a vehicle interlock devices; fines, fees, costs and/or restitution; Probation or Home Detention; Suspension or revocation of your driver's license; Court ordered entry into drug or alcohol treatment program; and leave you with a Criminal Record for years.

Using a court appointed Maricopa County "public defender" or "contract attorney" is an option if you qualify by the Court's eligibility rules due to low income and financial hardship. The advantage that attracts many qualifying defendants is obvious: legal representation may be free, or substantially lower than the cost of a private practice AZ DUI lawyer. But there is always a cost. Make sure the price is not your freedom.

Here are three facts, you need to consider before making a decision:

1) Public Defenders are often limited to time they can spend on your case due to heavy case loads and understaffing. Many Maricopa County Public Defenders are well trained and qualified to defend your DUI charges. But they are often subject to heavy caseloads, and understaffing of Attorneys and legal support staff, This will ultimately affect your defense and the outcome of your case. The Maricopa County public defender's office, like any other public agency is not immune to budget cuts, limits in staffing and financial resources. Maricopa County is the fourth largest county in the USA, with a population of about 4 million people. They generally operate with two to three hundred attorneys. Those few hundred attorneys are responsible for providing legal defense for tens of thousands of criminal and DUI cases that they are assigned.

2) Many public defenders are often new attorneys working to gain experience for marketability for higher paying private sector positions. While some public defenders have years of experience and may even make a career out of the position, that is not the case for all of them. Many public defenders use the public defender's post as a stepping stone or platform to gain experience, while being paid for their work. But where does that leave you? You need piece of mind, that the public defender has all the experience, time, and resources they need to build a solid defense, and be able to influence a jury, that you are "not guilty" as charged, or negotiate to get your charges dismissed before trial.

3) Yes, you can switch to a private practice AZ DUI lawyer from the Public Defenders office if you are unhappy with your public defender. But the problem with the "try free first" rationale is that often it is too late. Many qualified defendants start out using the legal services provided by a Maricopa County Public Defender and then realize the case is not going well for them. So they later try to hire a private practice defense attorney. But too often that is not possible. The chance at building a solid defense may have been compromised at a certain point in the legal process, and there is no turning back.

The key to a successful defense is early retention of a private practice AZ DUI lawyer. Good Phoenix DUI lawyers or AZ DUI lawyers will generally have or make the time needed to provide an effectively defense. Your best chance of getting your DUI charges dismissed increase drastically with early retention of a private practice Phoenix DUI or Arizona criminal defense lawyer. Criminal and DUI cases in Maricopa County can and do get dismissed every day with the defense of a private practice criminal defense and DUI lawyers. Good private practice Arizona DUI lawyers are usually in a better position to take the time is needed to tailor, build and execute a solid defense, and present compelling arguments on your behalf.

"Without a Doubt, your chances of getting AZ DUI charges dismissed increase drastically with early retention of a private practice Phoenix DUI or Arizona criminal Defense lawyer."

Continue reading "What you should know before choosing representation by a Public Defender" »

June 9, 2011

Auto Theft Charges | "Theft of Means of Transportation"

According to Arizona Law, the legal name of Auto theft charges in Gilbert, AZ is "Theft of Means of Transportation". This offense is a class 3 felony and considered a crime against victims in Arizona. If convicted of Gilbert AZ auto theft, you may face 8.75 years in prison. Arizona has taken a firm stance on prosecuting auto theft charges due to the high number of incidents in the state. Penalties are severe. If you face auto theft charges the best attorneys in Arizona would agree you should retain an Arizona Criminal Attorney who experienced in criminal defense or auto theft defense in the jurisdiction for which you were charged or arrested.

Gilbert AZ Auto Theft Laws
Criminal Laws in Arizona exist for more reasons that to prosecute crimes. They also exist to protect defendants and their constitutional rights. Top criminal defense lawyers in Arizona know how to use those same Arizona Criminal laws to defend your criminal charges, through the Arizona criminal justice system.

Gilbert AZ auto theft charges are governed by the State of Arizona Criminal Law and can be found at Arizona Statutes Website. Below refers to the Auto Theft Law "Theft of Means of Transportation" A.R.S. 13-1814. In order to get a conviction for Auto Theft the Arizona Prosecution must prove the following (paraphrased):

1. You knowingly took a vehicle without the owner's permission or legal authority;
2. You controlled, converted or obtained another person's "means of transportation".
3. Your intent was to permanently deprive another of that vehicle. .
In brief a defendant needs to have "known" they were taking someone else's vehicle and intended to keep it permanently from the rightful owner. This is not always an easy task for the Arizona prosecution.

5 Defenses used by Top Criminal Defense Attorneys in Gilbert AZ
A variety of defenses may be used by your criminal defense attorney. The Attorney will determine which defense strategies to use based on the circumstances surrounding your charges. Here are at least 5 possible common defenses used by local criminal defense attorney in Arizona to defend Gilbert auto theft charges:

1) You thought you had the owner's consent or permission. This is seen commonly with family members, or domestic partners. In this scenario, you may at some point been a permissive given permission or legal authority to possess the vehicle. The problem exists when the rightful owner later decides to rescinded their permission or changed their mind about allowing you to possess the vehicle. In your defense, your attorney would argue that you did not know the owner rescinded their consent. And you thought you had permission. Further, you did not intend to steal the vehicle.

2) Mistake of fact involving a purchase. This would apply if you purchased a vehicle in good faith from another person or entity. At that time of your purchase, you sincerely believed that person or business was authorized to sell you the vehicle or they were the owners of that vehicle. Then, at a later time, you find out that the seller did not have authority to sell it to you and you bought a stolen vehicle. In this case, you did not know it was stolen and did not intend to permanently deprive the rightful owner of their means of transportation.

3) Mistake of fact regarding lease, loan or borrowing of a vehicle from someone you believed was the rightful owner, or had legal authority to loan or lease you the vehicle. A good criminal lawyer would argue that you rented or borrowed the vehicle from a person or entity that you thought had the legal authority or owned the vehicle, but in fact did not. You had no knowledge of the vehicle being stolen. Therefore, you did not intend to deprive the owner permanently of their means of transportation.

4) Violation of Constitutional rights - You have many constitutional rights at the State and Federal level. Some common violations of rights that can occur surrounding auto theft include but are not limited to the following: a) Unlawful search and seizures of person or residence b) Denial of your to right to counsel; c) police brutality, or intimidation d) threat or coercion for the purpose of extracting information from you and getting you to admit to a crime. This happens occasionally in absence of a person's criminal defense attorney.

5) Flaws or weaknesses the state's case against you. This may include lack of proof that you did not knowingly and intentionally steal the vehicle; lack of evidence; lack of witnesses; questionable witness statements from unreliable sources; lack of proper police investigation.

Top criminal defense attorneys in Gilbert AZ that are experienced at defending auto theft cases will know what defenses to use under what circumstances. It is important that you retain a good Arizona criminal attorney who defends auto theft cases in the jurisdiction you received the charges. An experienced criminal defense lawyer will make every effort to get your auto theft charges dismissed, charges and sentencing reduced, or otherwise the best resolution for your auto theft charges.

Continue reading "Defenses for Auto Theft Charges" »

June 7, 2011

Tempe AZ criminal defense | Tempe AZ DUI Lawyer

One factor in getting a successful outcome in your case is early retention of a private practice Tempe criminal defense or Tempe DUI defense lawyer.

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

Your initial appearance is the first phase through the Tempe AZ criminal justice system. You will appear before the judge in the Tempe 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 Tempe 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 Tempe criminal defense attorney or Tempe 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 Tempe AZ. One thing most Good Criminal Attorneys in Tempe 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+Tempe&IncludeBlogs=401&search=

Continue reading "What happens at the Initial Court Appearance for DUI or Criminal Charges" »