July 2011 Archives

July 29, 2011

"You have the right to hire a Phoenix Criminal Defense Lawyer at nearly every stage of a DUI or Criminal Case. But the earlier you hire a criminal or DUI Lawyer, the greater your Chances are of Getting Your Phoenix DUI Dismissed."

The Importance of Hiring a Phoenix AZ DUI or Criminal Lawyer Early
The best Phoenix AZ DUI lawyers would agree that you have the right to hire an Arizona Criminal Defense Lawyer at nearly every stage of an AZ DUI Case. However, understand that the earlier you retain DUI Lawyer or criminal lawyer for your Phoenix charges, the greater your chances become of getting your DUI or criminal charges dismissed. Early retention of an Arizona criminal defense or DUI Lawyer is a one of the most important keys to a favorable outcome.

Further at some stages in the DUI case processes, a good number of criminal defense attorneys or AZ DUI lawyers will not accepting your case. If you contact a private practice defense lawyer during mid or later stages of your case, they may not accept it due to their time demands or feel it is too late to provide you with an effective defense. This generally occurs for the following reasons (reasons are not exhaustive):
• Often the prosecution and court have their minds made up about a plea offer that was unfavorable to you. It is not likely they can be persuaded to reduce the penalties at a later point in the process.
• You made admissions regarding your guilt, on record, either to the police, investigator, in court, deposition, or testimony, in response to the allegations against you. This may have jeopardized your defense case to the point that it can not be salvaged.
• Rights to utilize certain defenses were waived due to events that took place, actions or inactions to preserve your rights.
• After obtaining or hearing the facts at your initial consultation, a private practice Phoenix DUI or criminal defense lawyer, recognize the hurdles that have mounted against you. Consequently they decide not to accept your case, because they feel their involvement will not likely change the outcome at that point.
• Many Phoenix DUI lawyers, criminal lawyers, and criminal defense firms regulate their case loads. They may feel that any attempts to dismantle or overcome events that have taken place may be too labor intensive on their current case load which will take them away from their other defendants they have accepted and to who they are obligated to provide adequate time needed for an effective defense.
• Your case has been set for trial, is in the middle of trial, or the trial is over. Unless it is a formal appeal and the defense attorney handles cases in appeals court, they may turn the case away. Don't fret however; there are trial lawyers in Arizona who will in fact accept the offer to represent you for the trial services late phase pre-trial services, post conviction services or appeals. You may just need to look a little further, or make a few more contacts to find them.

When you hire a Phoenix criminal defense lawyer or Phoenix DUI Attorney, you are the employer. They work for you. At the same time however, the DUI lawyer or defense attorney who defends charges in Phoenix also has the option of taking the job or not.
So early on, if you are willing to pay a reasonable fee charged by the private practice Arizona Criminal Defense Lawyer or Phoenix DUI Lawyer, you will most likely have your pick. You will be able to easily find good legal representation at an affordable price, without looking too far. But most importantly, they will have adequate time to tailor and build you a solid and effective defense case.

Continue reading "DUI Defense: You should retain a criminal defense attorney well before your first court date. By waiting, you risk the chance of irreversible damage to your case." »

July 27, 2011

"You have the right to hire a Chandler criminal lawyer or Chandler DUI lawyer at almost every stage of your DUI or criminal case. But the earlier you retain, the greater your chances of getting your Chandler DUI Dismissed."

Chandler AZ DUI or Criminal Lawyer - Early Retention
You can retain a Chandler AZ Criminal Defense Lawyer at nearly every stage of a Chandler AZ DUI or criminal case. But the best Chandler DUI and Arizona criminal defense lawyers agree that the earlier you retain DUI Lawyer or criminal lawyer for your Chandler charges, the greater your chances of getting your Chandler DUI or criminal charges dropped. Early retention of a Chandler AZ DUI or criminal defense lawyer is one of the most important keys to a successful defense. This allows your Chandler DUI attorney enough time build a successful defense case on your behalf including filing of early you dismissed. They will present compelling arguments to the court and prosecution on your behalf, and make every attempt to negotiate a DUI charge dismissal.

At some late stages in the DUI criminal justice process a good number of Chandler criminal lawyers or Chandler DUI attorneys will not agree to take your case if you wish to hire them. If you contact a private practice criminal lawyer at certain stages of your case, they may not be able to accept it. This is usually due to their time demands, and heavy court or trial schedules, for existing clients. Here are some reasons why a DUI lawyer who defends Chandler DUI charges may not be able to accept or discuss your case with you:

• You already have a public defender, or private practice attorney who has been handling your case. You call a private criminal lawyer, with no intention to hire a new attorney, but to ask for a free consultation to discuss your case. Most attorneys will refrain from discussing your case at this point. Among many other reasons, it is generally seen as unethical. Unless your call is to see if you can hire that attorney, they will refrain from discussing any details of your case and refer you to your current lawyer.

• Often the prosecution and court have their minds made up about a plea offer that unacceptable to you. It is not likely they can be persuaded to reduce the penalties just because you hired a different attorney. In fact they often they end up "digging their heels" further into the ground about the initial offer(s) being the final offer. If you do not accept this offer, your case would be set for the uncertain results of a trial. If convicted the penalties may be far worse for you than the pre-trial offer. But then it is off the table.

• You made admissions regarding your guilt, on record, either to the police, investigator, in court, deposition, testimony or recorded statement involving the charges. This may have jeopardized your defense case to the point that it can not be salvaged.

• You may have knowingly or unintentionally waived Rights that could have been used, for certain defenses that could have led to a dismissal of your charges.

• The new private practice attorney feels their intervention will not likely change the outcome of your case. If they tell you this, listen to them! It is likely true and very ethical for an attorney to tell you this straight out. They are trying to spare you from needlessly wasting your money on attorney fees that will not help you.

• Many Chandler DUI and criminal defense lawyers and law firms regulate their case loads. If they feel that it would be too labor intensive and time consuming to take over your case in a late stage trial or otherwise, they may not accept your case. They have an obligation to defend their current clients who have hired. The case loads, court and trail schedules may be full. They need to allow adequate time and resources to tailor, mount and present a successful defense for each client.

• Your case or trial is over. You received a "guilty" verdict and the penalties are severe. You want to appeal the decision. Not all attorneys handle Appeal cases or provide post conviction services. Some handle limited cases, to those clients the previously served. However, there are trial lawyers who do them on a regular basis. It may just mean o looking a little further, or making a few more contacts to find them.

Remember when you hire an Arizona criminal defense lawyer is, you are the employer. They work for you. In the same respect, that DUI or criminal defense attorney also has the right refuse the job. It is a two way street.

If you prudently hire a private practice Chandler DUI Lawyer or criminal attorney early on, you will have a vast amount of Chandler criminal defense and DUI lawyers to choose from. You will easily be able to find good legal representation at an affordable price, without looking too far. Most importantly, they will have adequate time to tailor, build and present a solid and effective defense case on your behalf. This is without a doubt that your best chance of getting your case dismissed.

Continue reading "Find out why retaining a criminal defense attorney early, will increase your chances of getting a favorable outcome in your DUI case" »

July 25, 2011

If you were charged with a Tempe AZ DUI that does not mean you will automatically be convicted. You are innocent until proven guilty, you have a constitutional right to defend your DUI charges and hire a qualified DUI lawyer who will fight to get your Tempe DUI charges dismissed.

The penalties for conviction of a Tempe DUI (driving under the influence) or Tempe DWI (driving while intoxicated) conviction depend primarily on the type of DUI for which you were charged. Also, whether or not you have a prior DUI or other criminal record has an impact on sentencing. If you face DUI charges in Tempe AZ you should consult a Tempe AZ DUI Lawyer or Criminal Lawyer in Tempe AZ who defends DUI charges in Tempe AZ on a regular basis. When you consult them, be sure to let them know the type of DUI you were charged with, and any prior Criminal or DUI conviction history, so they can help you further.

Overview -Types of Tempe DUI or Tempe DWI Charges
1) Impaired to the Slightest Degree or BAC above .080 (first offense)
2) Impaired to the Slightest Degree or BAC above .080 (second offense)
3) Extreme DUI BAC .150 -.199 (first offense)
4) Extreme DUI BAC .150 -.199 (second offense)
5) Super Extreme DUI BAC .200 or higher (first offense)
6) Super Extreme DUI BAC .200 or higher (second offense)
7) Class 4 Felony Aggravated DUI - the result of 3rd DUI in 7 years or DUI while driver's license was suspended or restricted.
8) 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 Criminal history
Any Tempe AZ DUI or Tempe AZ DWI is serious. All DUI convictions include mandatory jail sentences as well as other penalties. A DUI in Tempe AZ 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.

Tempe AZ DUI Penalties
Tempe DUI penalties are governed by the State DUI laws of Arizona. The penalties can be found comprehensively described by visiting "azleg.gov/ArizonaRevisedStatutes." Below are penalties for described types of DUI charges cited in part as follows?
"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..."

Any Tempe DUI conviction will expose you to the following penalties:
• Incarceration in Jail
• Fines, Fees, Costs,
• Mandatory Ignition Interlock Device installed in your automobile at your expense for a court ordered amount of time,
• Alcohol or drug screening and mandatory participation in counseling, or treatment program.

A Tempe 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.

Tempe DUI Lawyers and Tempe AZ DUI Defense
Arizona has some of the toughest DUI laws and penalties in the country if you are convicted. If you were arrested for a Tempe DUI, does not automatically mean you will be convicted. You have a constitutional right to defend your DUI charges and hire a qualified DUI lawyer who will fight to get your Tempe DUI charges dismissed.
If you wish to have any chance of getting your Tempe DUI dismissed, it is necessary for you to hire an experienced Tempe AZ DUI Lawyer who often defends DUI and criminal charge in Tempe Court. A DUI lawyer in Tempe AZ will defend you through every phase of the Arizona criminal justice process. They will be familiar with the Tempe Court protocol, requirements. judges, prosecution, and defenses that can be used to fight to get your charges dismissed. They will build and present compelling legal arguments in your defense. Hiring the best AZ DUI lawyer that you can will drastically increase your chances of getting your DUI charges dismissed, reduced or an otherwise much better outcome in your case.

AZ criminal and DUI laws and legislation are subject to change. For accurate and current information on the law, contact James Novak, experienced Arizona DUI and criminal defense Attorney.


Continue reading "Arizona DUI Laws: Types and Classifications of DUI - DWI charges" »

July 21, 2011

Outstanding Arrest Warrants in Arizona - Get the Facts Before You Contact the Police Unrepresented.

"How to Get Your Arizona Arrest Warrant 'Quashed' (cancelled) by Retaining a AZ DUI or Arizona Criminal Defense Lawyer."

Maricopa County Arrest Warrants
Do not ignore an outstanding arrest warrant in Arizona. 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. If you suspect you have an outstanding arrest warrant, you should immediately contact an Arizona criminal defense lawyer or DUI lawyer who defends cases in the jurisdiction where the arrest warrant exists.

How Long Arrest Warrants Remain In Effect
Indefinitely. Maricopa County Arrest Warrants remain in effect until they are taken care of in the eyes of the court and law enforcement officials. This is usually when 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.

Arrest Warrants don't just go away by themselves. They can't be "waited out". 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 catches up.

How to find out if you have an Outstanding AZ arrest Warrant
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 the AZ jurisdiction where the arrest warrant existed. Your AZ Criminal Defense Lawyer 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 what to do regarding the arrest warrant.

Common Types of Arrest Warrants in Maricopa County
Here are the most common types of Arizona "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 arrest warrants issued by the Court. A Bench Warrant for arrest is issued when a defendant "fails to appear" for their scheduled criminal or DUI matter. You should retain an AZ DUI or criminal lawyer who will "tell your side of the story". They will present compelling arguments to the court regarding the reasons for your "failure to appear", plus build a solid defense for your AZ criminal or DUI charges. For more, refer 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..."

Options for Confronting an Arrest Warrant in Maricopa County

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, the court will frown upon this, and order more severe penalties. You must appear for the newly assigned court date if you have not yet hired an Arizona Criminal Defense Lawyer. They may be able to work something out with the court, negotiate an alternative arrangements more favorable arrangements or get the arrest warrant quashed completely with the court taking no further action against you resulting from the arrest warrant.

2) Appear before the judge during a "Walk-in Docket". The Courts within Maricopa County usually provide availability of dates and times for unscheduled court appearances called "Walk-in Dockets" that can be heard by the judge. If you choose this option, in the very least, you should consult an AZ criminal attorney to discuss the matter and how to proceed before you appear in court on a "Walk-in Docket" unrepresented.

3) This is the best way for you to handle an outstanding arrest warrant: Retain a private practice criminal defense attorney or DUI lawyer in the jurisdiction where the warrant exists. Remember, early retention is the key to a successful defense for any criminal, DUI charges or Arrest Warrants. Your Defense Attorney will advise you of the steps that should be taken that will be 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 AZ Criminal or DUI Charges.

Continue reading "Arrest Warrants will remain outstanding until you are arrested or the warrant is Quashed: Find out what you should do if there is a warrant for your arrest." »

July 14, 2011

7 Facts you need to know if you face Drunken Driving Charges in Scottsdale AZ!

1. Scottsdale Drunk Driving DUI charges are serious.
Scottsdale DUI Laws are governed by Arizona State DUI laws and penalties which are strict and harsh. Even a first time misdemeanor drunk driving conviction will expose you to severe penalties including time in jail time. Your best chance of getting your DUI charges dismissed is to hire a private practice AZ criminal defense or DUI lawyer who defends DUI charges in Scottsdale on a regular basis. Regardless of the defendants Blood Alcohol Content (BAC Levels) or whether or not your DUI is a repeat offense, you have the right to hire a good DUI lawyer, and challenge your DUI charges in order to get them dismissed or reduced to lesser charges or penalties.

2. The Prosecution is not your friend.
Once you have been arrested for a Scottsdale DUI or drunk driving charges, the "complaint" is escalated to the Prosecution's office for criminal processing. If you find your self in a conversation with the Prosecutor, avoid discussing any matters related to your DUI drunk driving charges or any other personal matters. Some defendant who are not cautious, are unpleasantly surprised to find that the prosecution used statements they made against them. While they may appear friendly and greet you with a smile, you must remember, they have only one mission in mind...to convict you of a Scottsdale DUI charge. So if a conversation should ensue, be polite and respectful, but do not engage in any discussion regarding your Scottsdale drunk driving charges or otherwise. You have the right to remain silent. Use it. Otherwise, you may find that you have incriminated yourself and damaged your DUI defense. Instead, acknowledge you are aware of your right to remain silent, until you are accompanied by or consult your AZ DUI attorney, and wish to exercise it.

3. Promptly attend all scheduled court appearances for your Scottsdale
Arizona DUI or drunk driving charges or you will face an arrest warrant. If you miss your court date or are late, the Judge has the authority to issue a "Bench Warrant", for your arrest due to your "Failure to Appear" (FTA) "A.R.S. 13-2506 Failure to appear in the second degree; classification and A.R.S. 13-2507 Failure to appear in the first degree; classification." The only time this is not the case, is if you have retained a private practice Arizona DUI lawyer, and either your AZ DUI defense lawyer or the Judge instructs you otherwise.

4. Following a Scottsdale DUI or Drunk Driving Charge you can expect to defend yourself or hire an Arizona criminal defense lawyer to defend you against two separate entities.
First, is a civil matter with 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 matter through the Arizona criminal justice system for the DUI charges.

5. If you hire a good Scottsdale drunk driving lawyer they will immediately begin tailoring and building a strong Scottsdale drunk driving defense.
A successful defense begins well before your first scheduled court date. The more time you give your DUI lawyer to examine the evidence and build a defense, the greater your chances of getting the DUI charges dismissed. "Doing nothing" or waiting and hoping for the best, without hiring a Scottsdale DUI attorney, will get you a swift and severe conviction.

6. Without a strong private practice AZ DUI attorney defending you the prosecution has an undisputed advantage over you.
You may also be missing valuable negotiating opportunities through the proper legal channels. Lastly, you stunt you may detriment your defense, by having waived the opportunity to file early relevant motions to dismiss your charges, if they exist. It is like entering into a war zone, without fire power, sword, or shield and no knowledge of where the land mines are. There is no barrier for a defense and no one to protect your rights from unfair treatment and at an unfair disadvantage. The prosecutions consider you fair game for a quick conviction and prosecution without an AZ DUI Attorney.

7) If you decide not to hire a private practice Scottsdale DUI attorney, you will be held to the same standard in the court as if you were represented by an AZ DUI Attorney.
You don't get any breaks by the court, by not hiring a private practice Scottsdale drunk driving lawyer. You will be held to the same standards as would otherwise your Scottsdale DUI lawyer. This includes complying with procedures protocol; attending conferences and court appearances; meeting deadlines; building and presenting your own defense. Criminal and DUI charges are dismissed often for violations of a defendant's rights, violations in police protocol, weak evidence, or violations of police procedures required by AZ Law

An experienced Scottsdale DUI Lawyer will be prepared to make every effort to get your DUI charges dismissed. They will tailor, building, and presenting solid and compelling defense on your behalf. In some cases they may get your charges reduced to a less severe charge such as a civil traffic violation, get all or a portion of the evidence thrown out, to get the absolute best possible outcome in your case.

Continue reading "Drunk Driving Arrest: What you should know about defending your DUI charges" »

July 12, 2011

"You have the right to hire a Mesa criminal lawyer or Mesa DUI lawyer at almost every stage of your DUI or criminal case. But the earlier you retain, the greater your chances of getting your Mesa DUI Dismissed."

The Importance of Hiring a Mesa AZ DUI or Criminal Lawyer Early
You can retain an Arizona Criminal Defense Lawyer at nearly every stage of a Mesa AZ DUI or criminal case. However, the best Mesa DUI and criminal defense lawyers would agree that the earlier you retain DUI Lawyer or criminal lawyer for your Mesa charges, the greater your chances of getting your Mesa DUI or criminal charges dismissed. Early retention of a Mesa AZ DUI or criminal defense lawyer is a one of the most important keys to a successful defense. Time gives your Mesa DUI attorney to gather evidence; protect your rights; build a successful defense strategy; file early motions; present compelling arguments to the court, prosecution or jury; and recognize and utilize the right time and processes to negotiate a dismissal of your charges.

At some mid to late stages in the DUI criminal justice process a good number of Mesa criminal lawyers or Mesa DUI attorneys will not accept your case. If you contact a private practice Attorney during mid or later stages of your case, they may not accept it. This is because due to their time demands, and heavy court or trial schedules, they feel it is too late to provide you with an effective defense. This generally occurs for the following reasons (reasons are not all inclusive):

• First off, don't be offended in the following scenario: You already have a public defender, or private practice attorney who has been handling your case. They you call another attorney, with no intention to hire a new attorney, and ask for a free consultation or to discuss your case. Ethically, 9 out of 10 attorneys will refrain from discussing your case. Among many other reasons, to do in most cases is unethical, and the attorney will refer you to discuss the matter with your current attorney.

• Often the prosecution and court have their minds made up about a plea offer that was made but unacceptable to you. It is not likely they can be persuaded to reduce the penalties just because you hired someone else. In fact they often times end up "digging their heels" further into the ground about the initial offer(s).

• You made admissions regarding your guilt, on record, either to the police, investigator, in court, deposition, or testimony, in response to the allegations against you. This may have jeopardized your defense case to the point that it can not be salvaged.

• You may have knowingly or unintentionally waived Rights you could have used for certain defenses that could have led to a dismissal of your charges.

• Consider it your best interest if a new private practice attorney refrains from taking your case, if they feel their intervention will not likely change the outcome at that point.

• Many Mesa DUI and criminal defense lawyers and law firms regulate their case loads. They may feel that it would be too labor intensive and time consuming to the point and would take away from time required to defend their current clients who signed on earlier, as well as their heavy court and trial schedules that exist. Their first obligations would be to them, to allow adequate time and resources to tailor and mount a successful defense.

• Your case or trial is over and did not have a good outcome, so you want to appeal the decision. Not all attorneys handle Appeal cases or provide post conviction services. Some handle limited cases, to those clients the previously served. However, there are trial lawyers who do them on a regular basis. It may just mean o looking a little further, or making a few more contacts to find them.

Remember to hire a Mesa criminal lawyer or DUI lawyer is, no different than being an employer. They work for you. However, Mesa DUI lawyer or criminal defense attorney also has the right refuse the job; thereby, refraining from handling your case.

If you prudently hire a private practice Mesa DUI Lawyer or criminal attorney early on, you will have a vast amount of defense Attorneys to choose from. You will easily find good legal representation at an affordable price, without looking too far. Most importantly, they will have adequate time to tailor, build and present a solid and effective defense case on your behalf.

Continue reading "Criminal Defense Legal Representation: Reasons you should not delay retaining a criminal attorney to defend your DUI charges" »

July 8, 2011

Auto Theft Charges | "Theft of Means of Transportation"
Auto theft charges in Chandler, AZ are known as "Theft of Means of Transportation" according to Arizona Law. Auto theft is a class 3 felony and considered a crime against victims in Arizona. If convicted, these type of offenses carry harsh penalties. Arizona has earned a position of the 4th state with highest number auto thefts in the country. Arizona egregiously prosecutes auto theft charges. A first time auto theft conviction exposes a defendant to 8.75 years in prison. Repeat offenses carry increased penalties and longer sentencing of incarceration. Other punishments may include restitution, fines, and a felony on your criminal history for years. You should consult a Criminal Attorney who frequently defends Chandler AZ auto theft charges as soon as possible.

Chandler AZ Auto Theft Laws
Criminal Laws in Arizona do not exist just to prosecute crimes. One reason they also exist to protect your constitutional rights. Top criminal defense lawyers in Arizona know how to use those same Arizona laws to defend your criminal charges.

Auto theft charges in Chandler AZ are governed by the State of Arizona criminal codes and can be found in greater detail at Arizona Statutes Website. Refer to Auto Theft Law "Theft of Means of Transportation" A.R.S. 13-1814.
In order to be convicted of 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 sum, a person needs to have "known" they were taking someone else's vehicle; they intended to keep it permanently from the rightful owner. This is not always easy for the Arizona prosecution to prove.

5 Criminal Defenses used by Top Attorneys in Chandler AZ
A number of defenses can possibly be used and depend mostly on the facts surrounding each case. Here are at least 5 possible common defenses used by AZ local criminal attorneys to defend Chandler AZ auto theft charges.

1) You thought you did have the owner's consent or permission. This occurs commonly with family members, friends, or domestic partners. In this scenario you may have been a permissive user at some point. However, later the rightful owner of the vehicle rescinded their permission or changed their mind. In you defense your attorney would argue that you did not know the owner rescinded their consent therefore you though you had permission. Basically 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 you genuinely believed they were authorized to sell it or where with owners of the vehicle. Later, you learn, they did not have authority to sell it to you and you find out you purchased 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 defense lawyer would argue that you rented or borrowed the vehicle from a person or entity that you genuinely thought had the legal authority to load or lease you the vehicle. You had no knowledge of it being stolen. 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 occur that surround the following: a) Unlawful search and seizures of person or residence b) Denial of your to right to counsel; c) police intimidation, threat, 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 Arizona prosecution's case. This may include improper proof that you did not knowingly and intentionally steal the vehicle; lack of evidence; conflicting information or lack of witnesses; questionable witness statements from unreliable sources; lack of due criminal law process and proper investigation by law enforcement officials.

Top criminal defense attorneys in Chandler AZ that are experienced at defending auto theft cases will know what defenses to use under what circumstances. It is important that you retain an experienced criminal defense or auto theft attorney as soon as possible. They will make every effort to get your auto theft charges dismissed, reduced, or otherwise best outcome in your case.

Continue reading "Defenses for Auto Theft Charges: Regardless of the crime you have a constitutional right to defend your charges. Defenses criminal attorneys commonly use to defend auto theft charges." »

July 6, 2011

What You Should Know about Outstanding Arrest Warrants in Mesa

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

You've Just Learned You Have an Arrest Warrant - What Now?

Do not ignore an outstanding Mesa AZ arrest warrant. It is a very serious matter. Arrest Warrants don't just go away by themselves. In Arizona there are no expiration dates on outstanding arrest warrants. Some defendants are arrested decades later after being stopped for a minor traffic infraction. Sooner or Later, you will be arrested. 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.

How to find out if you have an Outstanding arrest warrant in Mesa

There are a variety of ways to find out if you have an outstanding warrant for your arrest in Mesa. But the fastest, safest, most reliable way is to consult a Mesa criminal defense lawyer or Mesa DUI lawyer. A Criminal defense Attorney who defends charges in Mesa will conduct a thorough search via accessible legal resources. They will advise you of the most accurate, current information available. Upon Retention they can also guide you through the steps that will benefit your defense the best, as well as build an effective defense for the initial and current charges.

Types of Arrest Warrants in Mesa 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 can be issued when the police have sufficient evidence to suspect a crime was committed and that the person was involved in that crime.
• Bench Arrest Warrants: These are warrants issued by the Mesa 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. But none the less, it is in your best interest to retain a criminal defense attorney who defends criminal or DUI charges in Mesa to "tell your side of the story". They will be able to present compelling arguments, through the proper legal channels on your behalf. They will usually be able to defend you for the initial charges as well.

Defense Options for Facing Arrest Warrants in Mesa AZ

1) Pay the bond amount set by the judge. Once you pay the bon, 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 for both the initial DUI or criminal matter as well as the "failure to appear" charges. You must appear on the new scheduled court date if you have not hired a Mesa Criminal Defense Lawyer. They have been 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". Mesa 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 Mesa AZ Court. In the least you should consult a Mesa 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 Mesa criminal attorney or Mesa DUI lawyer as soon as you can. Early retention is the key to a successful defense for any charges. It is at this point, your Defense Attorney will have the most leverage to tailor a defense strategy and exercise your defense options. Your Mesa 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 Mesa Criminal or Mesa DUI charges.

Continue reading "What to do if there is a warrant for your arrest" »

July 1, 2011

How some of the best DUI lawyers in Arizona get Arizona Felony DUI charges dismissed
AZ Felony DUI

If you have been charged with a felony DUI in Arizona, you will need to hire an experienced Arizona Felony DUI defense attorney in the municipality where you were arrested or received the charges. These charges are also known as "aggravated DUI charges". You have the right to hire an AZ DUI Lawyer to defend your charges. A good AZ criminal defense lawyer can often get your felony drunk driving charges dismissed or in the alternative get charges and sentencing reduced to have the least adverse impact on your life.

AZ DUI Penalties - Felony DUI / Aggravated DUI
Arizona Felony DUI convictions have higher penalties, increased incarceration of that than a misdemeanor DUI. Penalties may include but are not limited to 4 months or more in Arizona prison; revocation of your driver's license; large fines and fees; ignition interlock device installation in your vehicle at your expense; screening for admittance into a mandatory drug or alcohol treatment inpatient or outpatient program including counseling; probation; and a felony on your criminal record that will follow you for years into the future.

AZ Misdemeanor DUI vs. Felony DUI in Arizona
A large number of DUI charges in Arizona are classified as misdemeanors. A misdemeanor DUI in Arizona escalates to a Felony DUI when the following factors exist and surround your AZ DUI charges:
• The DUI is your third or more within the last seven years;
• You were arrested for DUI while driving on a suspended, revoked or restricted driver's license'
• You were arrested for DUI while driving with a minor age 15 or younger.
• The DUI involved an auto accident with serious injuries or fatality

Defending AZ Felony DUI - Aggravated DUI Charges
The best DUI attorneys or Arizona criminal defense lawyers will examine the following evidence and explore all avenues for challenging the prosecution's case for your AZ felony or aggravated DUI charges *Note, this list not all inclusive and some may or may not apply in every situation:
• Reasonable suspicion of the traffic stop
• Determine the probable cause of the felony DUI arrest
• Validity of any sobriety tests taken
• Qualifications of the arresting officer
• Accuracy of chemical test (blood draw or urine sample).
• Errors or violations of required protocol for blood or urine testing, processing, storage, labeling or transport;
• Accuracy of breathalyzer test results;
• Examination of Calibration, documented records for the breathalyzer machine's prior repairs, as well as routine maintenance;
• Outside factors that existed and had potential to effect validity and accuracy of breathalyzer, or chemical testing results;
• Inadmissibility of any portion or all of the evidence the prosecution intends to use against you;
• Violations of your Constitutional Rights including but not limited to the following: failure of police to give you a second sample for your defense, unwarranted search and seizure of you or your vehicle, failure to let you contact your AZ DUI lawyer at your request and earliest convenience; unnecessary use of force or intimidation.

Felony DUI Attorney in Arizona
After your AZ DUI Lawyer or AZ criminal defense attorney has gathered and examined all the facts, they will determine the course of the best defense strategies to mount. They will present compelling arguments, and appropriate motions that apply in your favor to suppress evidence, reduce charges, or ultimately get your AZ DUI felony charges dismissed.

Continue reading "Defenses for Aggravated DUI (Felony DUI)" »