August 2011 Archives

August 31, 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. And early retention increases the chances of getting your Mesa DUI Dismissed or other good outcome in your case."

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 "DUI Defense: Why early retention of legal representation for a DUI is vital for defense." »

August 16, 2011

"Violations of constitutional rights can often lead to dismissal of evidence or criminal charges in Tempe AZ. To increase your chances of a winning defense on this premise, the arguments are best raised by an experienced Tempe DUI or criminal defense attorney."

It is a good idea to become familiar with your criminal rights, before you are accused of a crime or have been arrested for criminal or DUI charges in Tempe AZ. Generally, there are three types of basic criminal rights:
1) Rights afforded by United States Constitution, which are fundamental rights called Constitutional Rights";
2) State of Arizona and Arizona Law;
3) Procedural rights related to the formal charges filed against you, and Arizona

criminal court process.
Below are some of your most common and fundamental criminal rights to invoke or that may apply if you are to arrested or face Tempe criminal or DUI charges (list is not all inclusive):
• Your right to "an attorney", criminal or DUI defense, without unjust delays. You must verbalize you wish to invoke this right;
• Your right to "remain silent; you must verbalize this right for it to be invoked;
• Your right to "due process" in order to challenge your Tempe Criminal or DUI charges and have an attorney defend you;
• The right to refrain from self-incrimination. You must invoke this right;
• Your right to plead "not guilty";
• Your right to raise justifiable defenses to challenge the charges;
• Your right to obtain and present evidence that will strengthen your defense;
• Your right to challenge the accuracy or credibility of evidence against you;
• Your right for a fair and speedy jury trial (when a jury trial is allowed )
• Your right to freedom from unjust or unwarranted "search and seizure" of your property, vehicle, home or yourself, in absence of a valid search warrant, or "plain sight" exclusion.
• Your right not to be subjected to "cruel and unusual" punishment. Although there is no clear or consistent definition of cruel and unusual punishment, it is generally found that is applies if the punishment violates basic human rights, or dignity.
• "Double Jeopardy" - This relates to the prohibition of the prosecution from bringing the same charges against you twice. It also prohibits the court from the Court invoking more than one punishment for a single crime or violation of the law. Much controversy surrounds this issue. If you have a specific matter, you should refer consult a criminal defense attorney.

If you face active Tempe criminal or DUI charges, or you feel your rights have been violated, you should contact an experienced criminal or DUI lawyer who defends Tempe charges as soon as possible. Violations of constitutional rights can lead to dismissal of evidence or criminal charges in Tempe AZ. Do to the complexities of the criminal justice system, and nature of the allegations that will need to be proven, your chances of getting a good outcome due to these violations are the most successful if argued by a qualified Tempe criminal or DUI attorney.


Continue reading "Criminal Rights: Find out what your rights are after an arrest, and how to preserve them, so they may be used in your defense." »

August 12, 2011

When arrested for a crime in Phoenix AZ, know your criminal rights

"If your rights have been violated, this can lead to dismissal of evidence or criminal charges in Phoenix AZ. Challenging such violations in your defense are the most successful when argued by an experienced criminal defense or DUI attorney."

Experienced criminal defense and DUI lawyers who defend criminal charges in Phoenix are very familiar with the laws, and how to use them to defend you. It's a good idea to know your criminal rights before you get charged or arrested in Phoenix AZ. Often there is a misconception that laws and procedures are in place only to use against you in order to arrest, or convict you. But laws also exist to protect you, even if you are accused of committing a crime.

Generally, there are three types of criminal rights including: 1) Federal Rights afforded by The United States Constitution (Constitutional Rights); 2) Arizona Constitution and State Laws; 3) Procedural rights related to the formal charges in the Arizona criminal court process.

Below are some of your most common and basic criminal rights to invoke or that may apply if you are to arrested or face Phoenix criminal or DUI charges (this list is not all inclusive):
• The Right to "an attorney", criminal or DUI defense, without unjust delays (must be invoked );
• The Right to "remain silent" (must be invoked);
• The Right to "due process" in the criminal justice system to defend yourself from the charges against you;
• The Right to avoid self-incrimination;
• The Right to plead "not guilty";
• The Right to use justifiable defenses to challenge the charges against you;
• The Right to obtain and present evidence in your defense;
• The Right to challenge the credibility or accuracy of evidence the prosecution intends to use against you;
• The Right to a fair and speedy jury trial (in situations where a jury trial is eligible);
• The Right to freedom from unwarranted "search and seizure" of your property, vehicle, home or yourself, (in absence of a valid search warrant, or "plain sight" exclusion.)
• The Right not to be treated with "cruel and unusual" punishment.
• The Right not to be charged or arrested or tried twice for the same crime in criminal court of law, also known as "Double Jeopardy" prohibition;

If you have active Phoenix AZ criminal or DUI charges, and you feel your rights have been violated, you should contact an experienced criminal or DUI lawyer who defends Phoenix charges as soon as possible. Violations of constitutional rights can lead to dismissals of evidence or your Phoenix criminal or DUI charges. Do to the complexities of the criminal justice system, and criminal court process, your chances of getting a good outcome for challenging constitutional right violations are the most successful if argued by an experienced Phoenix criminal or DUI attorney.

Continue reading "Why you need to know your criminal rights before you are accused of a crime." »

August 10, 2011

5 facts you need to know about your Mesa Drunk Driving Charges!

The best advise a good Mesa drunk driving lawyer can give you...

1. Arizona Drunk Driving charges are serious offenses. Due to strict AZ DUI Laws, a drunk driving conviction exposes you to severe penalties including time in jail or prison. If you choose not to hire a private practice Mesa criminal defense lawyer, you will most likely meet an early conviction with severe punishments. Your best shot at getting your DUI dismissed, is to retain a private practice AZ criminal defense attorney who defends DUI charges in Mesa on a regular basis.

2. The Mesa or Maricopa County Prosecutor is not your friend. After you are arrested in Mesa for drunk driving, the DUI charges are escalated to the Maricopa County Prosecutor for criminal processing. Take note, that if your paths should cross with the Prosecutor, do not discuss any personal or other matters related to you case. Some defendants who have fallen in the trap, and let their guard down, were surprised at statement they made to the prosecution were used against them. guard down. Although they may appear friendly and greet you with a smile, you must keep in mind, they have an important job to do...to convict you of a Mesa DUI charge. So if a conversation should ensue, be polite and respectful, but do not engage in any discussion regarding your Mesa drunk driving charges or otherwise. You have the right to remain silent. Use it. Otherwise, you may find that you incriminated yourself and damaged your DUI defense. Simply 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. Be prompt, and attend all scheduled court appearances for your Mesa
Arizona drunk driving charges. If you miss your court date or are late the Judge may issue an immediate warrant for your arrest due to "failure to appear". The only time this is not the case, is if you have retained a private practice Arizona DUI lawyer, and they or the Maricopa County Judge instructs you otherwise.

4. Following your arrest for a Mesa 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 hire a good Mesa drunk driving lawyer, the will immediately begin your drunk driving defense. A successful defense begins well "before" your first scheduled court date. Note that doing nothing, or waiting in hopes of the best, without hiring a Mesa DUI attorney, gives the prosecution the advantage of having a case built against you, and leaving you with no shield of defense or preservation of your rights. 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. If you decide not to hire a private practice Mesa DUI attorney, you will be held to the same standard of 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 Mesa drunk driving lawyer. You will be held to the same standards as would otherwise your Mesa 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 every day do to violations of a defendant's rights, violations in police protocol, weak evidence, or other policies and procedures required by AZ Law. An experienced Mesa DUI Attorney, will be prepared to make every effort to get your DUI charges dismissed by tailoring, building, and presenting solid and compelling defense on your behalf.

Continue reading "Defense for Drunk Driving Charges: Even if good cause exists for a dismissal of your DUI charges, the prosecution will not move in your favor. More defense facts revealed:" »

August 8, 2011

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

The Importance of Hiring a Tempe AZ DUI or Criminal Lawyer Early
You have the right to hire an Arizona Criminal Defense Lawyer at nearly every stage of an AZ DUI Case. However, the best Tempe DUI and criminal defense lawyers would agree that the earlier you retain DUI Lawyer or criminal lawyer for your Tempe charges, the greater are your chances of getting your Tempe DUI or criminal charges dismissed. Early retention of a Tempe AZ DUI or criminal defense lawyer is a one of the most important keys to a favorable outcome. This allows your Tempe 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 stages in the DUI case processes, a good number of Tempe criminal lawyers or Tempe DUI attorneys will not accept 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 all inclusive):

• 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 at a later point in the process. 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 unknowingly waived Rights you had to utilize certain defenses or processes that could led to a dismissal of your charges.

• Following your initial consultation, a private practice Tempe DUI or criminal defense lawyer, they decide not to accept your case, because they feel their involvement will not likely change the outcome at that point.

• Many Tempe DUI lawyers, Tempe criminal lawyers, and Tempe defense firms regulate their case loads. They may feel that any attempts they make at this point to provide an effective defense would be labor intensive and time consuming to the point that it would jeopardize the time needed to defend their other clients they accepted. Their first obligations would be to them, to allow adequate time and resources to tailor and mount a successful defense.

• Your case has been set for trial is in the middle of trial; or the trial is over and things are not going well or your have been convicted of the charges and given harsh penalties. 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 Tempe AZ who will in fact accept the offer to represent you for the trial services late phase pre-trial services, post conviction services or represent you for an appeal. It may just mean o looking a little further, or making a few more contacts to find them.

When you hire a Tempe criminal defense lawyer or Tempe DUI Attorney, you are the employer and the defense attorney works for you. However, Tempe DUI lawyer or criminal defense attorney also has the right to accept or deny taking your case.
So if you prudently choose to hire a private practice Tempe DUI Lawyer or criminal attorney, you will most likely have a vast amount of defense Attorneys to choose from. You will be able to easily find good legal representation at an affordable price, without looking too far. And most importantly, they will have adequate time to tailor, build and present a solid and effective defense case on your behalf.

Continue reading "Defense for DUI Charges is critical: Find out why you need experienced criminal defense representation for your DUI / DWI charges." »

August 4, 2011

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

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

Initial Appearance in Scottsdale Court
The initial appearance is the first phase through the Scottsdale criminal justice system. You will appear before the judge in the Scottsdale court if that is where you were arrested following your DUI stop. There, the following will take place:
1) You will be read your formal DUI or criminal charges (or complaint).
2) You will be given your release conditions.
3) You will be given your next court date, time and location.
4) You will let the Judge know you plan to or will be retaining a private criminal or DUI attorney to defend you and provide their contact information to the court. If you are unable to retain private legal representation, the court will allow you to fill out an initial screening questionnaire to determine if you qualify to be assigned to a court appointed attorney (public defender).

Tips to Follow After Your Initial Appearance in Scottsdale 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.
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 Scottsdale AZ. One thing most Good Criminal Attorneys in Scottsdale 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+Scottsdale&IncludeBlogs=401&search=

Continue reading "DUI Arrest: Find out when and what happens at your Initial Court Appearance" »

August 2, 2011

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

The Importance of Hiring a Gilbert AZ DUI or Criminal Lawyer Early
You can retain an Arizona Criminal Defense Lawyer at nearly every stage of a Gilbert AZ DUI or criminal case. However, the best Gilbert DUI and criminal defense lawyers would agree that the earlier you retain DUI Lawyer or criminal lawyer for your Gilbert charges, the greater your chances of getting your Gilbert DUI or criminal charges dismissed. Early retention of a Gilbert AZ DUI or criminal defense lawyer is a one of the most important keys to a successful defense. Time gives your Gilbert 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 Gilbert criminal lawyers or Gilbert 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):

• You already have a public defender, or private practice attorney who has been handling your case. You are not happy with the direction the case is going so you call another private attorney. If you have no intention of hiring them, they will not discuss your case further. Most DUI or criminal attorneys will refrain from discussing your case. Among other reasons, they may feel that to do so is unethical, and the attorney will refer you back to your original 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 Gilbert 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 Gilbert criminal lawyer or DUI lawyer is, no different than being an employer. They work for you. However, Gilbert 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 Gilbert 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 "Why hiring a private practice criminal defense attorney will increase your preserve your rights and increase your chances of getting a good outcome in your DUI or other criminal case." »