Phoenix DUI Lawyer Blog

"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.