Phoenix DUI Lawyer Blog

5 Things you need to know if you were arrested for AZ drunk driving

1. Drunk Driving laws in Arizona carry some of the most severe penalties
in the county. If you choose not to retain a private practice Arizona DUI
defense Attorney, you will most likely be convicted. If convicted for an
Arizona DUI you will be exposed to sentenced to jail time, as well as other
Severe penalties.

2. The Maricopa County Prosecutor is not your friend. Although they may appear friendly, and greet you with a smile- beware, they have only one job--- to convict you of an AZ DUI. After the police charge you for drunk driving in Arizona, the DUI case then goes to the Prosecutor. Should the prosecutor strike up a conversation with you, do not reciprocate. You have the right to remain silent. Use it. If not, the prosecutor will note all that you say. You may be surprised to learn what they can use against you in trial. 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 an AZ DUI, you will usually need to deal with two separate entities with your Arizona drunk driving case. The first entity is the Arizona Motor Vehicle Division (MVD). An Arizona DUI charge may initiate the suspension of your drivers' license even before your court matter is complete. You are entitled to a MVD hearing as long as you request it within 15 days to request a days. Otherwise, you forfeit the right to defend your driving privileges and driver's license suspension. The second is criminal Court for the criminal matter, the AZ DUI.

5. If you retain an experienced Arizona dui lawyer, they will immediately begin your AZ drunk driving defense begins before your first scheduled court date. This is important, because doing nothing, or waiting until the last minute will affect the outcome and negations, most often not in your favor. On the other hand an Arizona DUI Attorney will be prepared to make every attempt to get evidence dismissed; find exculpatory evidence (additional evidence that will favor your defense); and make every effort to open lines of communication and negotiate with the prosecutor on your behalf. A word of caution, if you do not intend to be represented by a qualified DUI Attorney in Arizona, it is best that you not attempt to do these things on your own. To the contrary and unknowingly, your words and actions can be used against you. An experienced DUI lawyer will instruct and guide you though the processes. They in effect act as a barrier between you and the prosecution and police to make sure your rights are not violated and that you do nothing innocently to harm your case. They will tailor and build the best defense strategy based on the facts and evidence of your case, to provide a solid defense and will make every effort to get your case dismissed.

Continue reading "5 Survival Tips for those who face Drunk Driving charges" »

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

The best advise a Tempe drunk driving lawyer can give you...

1 Drunk Driving charges in Arizona are serious. Due to strict AZ DUI Laws, a drunk driving conviction exposes you to severe penalties including jail or prison time. If you choose not to go unrepresented by a private practice Arizona criminal defense lawyer, you will 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.

2 The Tempe or Maricopa County Prosecutor is not your friend. After a Drunk driving arrest in Tempe, charges or the complaint, are escalated to the Maricopa County Prosecutor for criminal processing. If your paths cross with the Prosecutor, the may appear to be professional and friendly. But don't let your guard down. You must keep in mind, they have an important job to do---and that is to convict you of a Tempe DUI. So if a conversation should ensue, be polite and respectful, but do not engage in any discussion regarding your Tempe drunk driving charges. You have the right to remain silent. Use that valuable right. Otherwise, you may be surprised at what kind of self incriminating statements the prosecutor can and will be used against you. Simply and respectfully acknowledge your right to remain silent, until you are accompanied by or consult your AZ DUI attorney.

3 Appear and be on time to all scheduled court dates for your Tempe
AZ drunk driving charges. 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 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 Tempe 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 Tempe drunk driving lawyer, the will immediately begin your drunk driving defense. A successful defense begins well "before" your first scheduled court date. This is important, because doing nothing, or waiting until the last minute gives the prosecution the advantage of having a case built against you, with no shield of defense. Also, you may be missing valuable negotiating opportunities through the proper legal channels. Also, 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 Tempe DUI attorney, you will be held to the same standard of the court as if you were represented by a DUI Attorney. You don't get any breaks by the court. You will be treated as if you are, or have hired a Tempe DUI defense attorney. This includes complying with procedures protocol; attending all conferences and court appearances' meeting deadlines; building and presenting your own defense. Criminal and DUI charges are dismissed every day do to the police or prosecution violating Court or their own policies. Dismissals may be granted due weak or faulty evidence by the prosecution, dui blood test procedures and retesting results, a faulty breathalyzer test, violations of your rights, finding evidence in your favor to challenge the prosecution, and a host of other reasons. An experienced Tempe DUI Attorney, will be prepared to try to get your DUI charges dismissed by tailoring, building, and presenting solid and compelling defense on your behalf.

Continue reading "What you must know if you have been arrested for Drunk Driving" »

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

"Violations of constitutional rights can lead to dismissal of evidence or even a dismissal of your Mesa AZ Criminal or DUI charges"

It is a good idea to become familiar with your criminal rights, before you have been arrested or face Mesa criminal or DUI charges. Some have the misconception that laws and procedures are in place to arrest, and convict you of crimes. However, laws also exist to protect you from unfair treatment by law enforcement and authorities within the criminal justice system.

Experienced criminal defense and DUI attorneys who defend charges in mesa know how to use the laws in favor of your defense. Generally, there are three types of basic criminal rights which include: Rights afforded by Federal United States Constitution or Constitutional Rights; Arizona Constitution and State Laws; 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 Mesa criminal or DUI charges (list not exhaustive):

• Right to "an attorney", criminal or DUI defense, without unjustified cause for delays (you must invoke or verbalize);
• Right to "remain silent (you must invoke or verbalize);
• Right to "due process" in order to retain legal representation to challenge formal charges against you in your defense;
• Right to refrain from self-incrimination;
• Right to plead "not guilty";
• Right to raise justifiable defenses to challenge the charges;
• Right to obtain and present evidence that will strengthen your defense;
• Right to challenge the accuracy or credibility of evidence against you;
• Right for a fair and speedy jury trial (when the criminal charges are eligible for a jury trial)
• 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.
• Right not to be subjected to "cruel and unusual" punishment. Right not to be charged, arrested or tried twice for the same crime in criminal court of law. This is known as "Double Jeopardy" prohibition.

If you have active Mesa AZ criminal or DUI charges, or you feel your rights have been violated, you should contact an experienced criminal or DUI lawyer who defends charges in Mesa Arizona. Violations of constitutional rights can lead to dismissal of evidence or even a dismissal or your Mesa criminal or DUI charges. Do to the complexities of the criminal justice process, and nature of the issues, your chances of getting a good outcome for challenging constitutional violations are the most successful if argued by a proven and qualified Mesa criminal or DUI attorney.

Continue reading "Preserving your criminal rights in the beginning, can mean the difference between a harsh conviction and a dismissal of charges." »

"If your rights have been violated, it can often lead to dismissal of evidence or criminal charges against you in Chandler AZ. The key to a successful defense based on this premise is to retain an experienced criminal defense or DUI lawyer investigate and raise compelling arguments on your behalf.

Experienced criminal defense and DUI lawyers who defend criminal charges in Chandler are naturally very familiar with the laws, and how to use them in favor of your defense. It's a good idea for you to be familiar with your criminal rights before you get charged or arrested in Chandler AZ, so that you can invoke or verbalize them when necessary. 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 in fact, laws also exist to protect you, even if you are accused of committing a crime.

To simplify, we will break them down into three types of criminal rights: 1) Federal Rights (those afforded by The United States Constitution (Constitutional Rights); 2) State Rights (Arizona Constitution and State Laws); 3) Procedural Rights (those related to formal charges in the AZ criminal justice and criminal court process. Below are some of the most common criminal rights (list is not all inclusive):

• The Right to "an attorney", criminal or DUI defense, without unjust delays (must be invoked by the accused );
• The Right to "remain silent" (must be invoked by the accused);
• The Right to "due process" in the criminal justice system to defend the charges;
• The Right to avoid self-incrimination;
• The Right to plead "not guilty";
• The Right to use justifiable defenses;
• The Right to obtain and present exculpatory evidence (in favor of the accused);
• The Right to challenge the credibility or accuracy of evidence the prosecution intends to use;
• 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 property, vehicle, and person, (in absence of a valid search warrant, or "plain sight" exclusion.)
• The Right not to be subject to "cruel and unusual" punishment.
• "Double Jeopardy" prohibition; The Right not to be charged, arrested or tried twice in criminal court of law, for the same criminal incident as originally charged.

If you have active Chandler AZ criminal or DUI charges, and you feel your rights have been violated, you should contact an experienced criminal or DUI lawyer who defends Chandler charges as soon as possible. Violations of constitutional rights can lead to dismissals of evidence or your Chandler criminal or DUI charges. Such allegations by a defendant involve certain evidentiary issues that must be supported and complexities in the criminal justice system. For these reasons, your chances of getting a good outcome for challenging constitutional right violations are the most successful if investigated and argued by an experienced Chandler criminal defense or DUI lawyer.

Continue reading "The best way to preserve your criminal rights is to know them." »

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

The Importance of Hiring an Arizona DUI or Criminal Lawyer Early
The best DUI lawyers in Arizona will agree that you have the right to hire an Arizona Criminal Defense Lawyer at nearly every stage of an AZ DUI Case. But know that the earlier you hire an AZ DUI Lawyer, the greater your chances are 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. 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 later stages of your case, they may if they feel it is too late to provide you with an effective defense. There is a point of no return of the chance to get private practice DUI or criminal defense representation. This generally happens for the following reasons:

• 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, or court as in response to the allegations against you that can not be undone.
• Rights to utilize certain defenses were waived due to events that took place, actions or inactions to preserve your rights.
• Most of the time, a private practice AZ DUI or criminal defense lawyer will recognize the hurdles that have mounted against you. After careful consideration, if they decide not to accept your case for hire it is usually because they feel involvement will most likely not change the outcome at a certain stage in your case.
• Many AZ defense attorneys 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 time consuming, and take them away from the other paid obligations they have accepted that are early in their cases.
• Your case has been set for trial, amidst trial, or the trial has already taken place. This usually means that negotiations and opportunities to get your case dismissed have been ongoing, unsuccessful. 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 or late phase pre-trial services. You may just need to look a little further, or make a few more contacts to find them.

When you hire an Arizona criminal defense lawyer or DUI lawyer, you are the employer. They work for you, as well as with you. At the same time however, the AZ DUI lawyer or defense attorney has the option of taking the job or not. Early on, if you are willing to pay a reasonable fee charged by the private practice Arizona Criminal Defense Lawyer or AZ 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.

Continue reading "Why you need to retain a private practice criminal defense attorney to defend your DUI charges" »