Phoenix DUI Lawyer Blog

10 things experienced DUI lawyers may advise you to do after a DUI Arrest in Tempe that may increase your chances of getting a good outcome.

1) Consult a Tempe AZ DUI attorney. The chances of getting a dismissal of your DUI, charges a reduction in charges, or other favorable outcome increase substantially with legal representation by a private DUI Lawyer or criminal defense attorney.

2) Remain silent. By remaining silent you will help you avoid incriminating comments that will damage your defense case. If questions continue, from Tempe AZ police, or prosecution, politely say you wish to remain silent until your attorney is present. Unjust denial of your request is a violation of your rights and can lead to suppression of evidence or dismissal of your Tempe DUI charges.

3) Write a narrative. Document as much information as you can as can remember. Include events before, during, and after the arrest; discussions, questions and answers; food, drink or medication consumed; and names of witnesses or passengers that may be willing to testify on your behalf. Details that seem irrelevant to you may actually be something an experienced DUI attorney considers material to your defense.

4) Repair any vehicle problems that may have resulted in the DUI stop. This includes burnt out head or tail lights, turn signals, or whatever triggered the Tempe police to pull you over.

5) Get proper insurance and registration. If you were cited for failure to possess proper insurance or registration, get it. If you already had but were unable to provide proof of provide a copy of it to your Tempe DUI attorney, and keep the original for the court.

6) Resolve Unpaid Fines or Tickets. The court will review your past driving or criminal history for neglect any other prior driving violations, or criminal convictions. If so, this may have an adverse impact on your sentencing.

7) Photograph the location of the DUI stop. A good DUI attorney will be able to recognize if there is anything in the photos, or lack of certain things, that police relied on to stop or arrest you that can result in cause to challenge facts or evidence.

8). Request a Motor Vehicle Hearing: If your driver's license was taken you must request a MVD hearing within 15 days or date otherwise set by the Motor Vehicle Department. Be sure to discuss your options first with your DUI attorney. There are consequences of requesting the hearing that differ from stipulating to a suspension.

9) Appear for your arraignment unless your Attorney advises you otherwise. This is the date on your ticket. If you do not have an attorney, your appearance is mandatory. If you fail to appear to the arraignment a warrant will be issued for your arrest. If you have retained a DUI lawyer, they will advise you of whether or not you will need to attend. In many cases your attorney can get have the arraignment vacated or can appear on your behalf.

10) Be on time for all court appearances you are required to attend. If you are late, this is considered ill regard and disrespect to the court and the seriousness of your DUI charges.

For more information about winning criminal and DUI defense strategies visit www.arizonacriminaldefenselawyer.com where you can download free AZ DUI defense books written by experienced attorney James Novak as well as DUI defense videos produced by James Novak, Tempe DUI Defense Attorney.

Continue reading "10 THINGS YOU SHOULD DO AFTER A DUI ARREST" »

Auto Theft Charges or "Theft of Means of Transportation"

Auto theft charges in Mesa, AZ are officially called "Theft of Means of Transportation" according to Arizona Law. Auto theft is a class 3 felony. It is considered a crime against a victim in Arizona which carries harsh penalties for convictions. Arizona vigorously prosecutes defendants accused of auto theft. For a first time auto theft conviction, you can face 8.75 years in prison. Other penalties can include restitution, fines, and a felony criminal record that will follow you for years. You should consult a Criminal Attorney who is well versed at defending Mesa AZ auto theft charges as soon as possible if you have been charged with Mesa AZ Auto Theft.

Auto Theft Laws in Mesa AZ
Before discussing the defenses, we first look at the law. The best criminal defense attorneys in Arizona know how to use the Arizona law in your favor. Criminal Laws are not used only to convict and prosecute defendants. Good Attorneys will use those same laws for authority to defend your case. .

Auto theft charges the occur in Mesa AZ are governed by the State of Arizona criminal law Guidelines, Classification, Penalties, and Sentencing can be found in detail under Arizona Statutes for Auto Theft Law "Theft of Means of Transportation" A.R.S. 13-1814.
For the sake of legal ease, here is a summary: In order to get a conviction, the Arizona Prosecution needs to prove that...

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 their vehicle.

The defendant needed to have "known" they were taking someone else's vehicle; and they intended to keep it permanently from the rightful owner. With good legal representation by a private practice attorney, this can be an uphill battle for the prosecution.

5 Criminal Defenses for Auto Theft Charges in Mesa
There are a variety of defenses that can possibly be used based on the circumstances of the charges. Just to name a few, here are some defense tactics used by top local criminal defense attorneys in Mesa, AZ.

1) The defendant thought they had consent for the owner. This typically occurs with family members, friends, or domestic partners, where the defendant at one point was a permissive user, and then the owner made the defendant aware that their permission was no longer valid and they rescinded their permission. The defense would be that you thought you had consent, and did not intend to steal the vehicle.

2) Mistake of fact involving a defendant's purchase. This applies when someone purchases, a vehicle from another person or entity in good faith that they believed were the rightful owners. Later, the defendant learns it was a stolen vehicle. In this case, the defendant did not have "knowledge" that it was a stolen vehicle. Nor did they 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 they believed to be the rightful owner, or lender. A good criminal defense lawyer would argue that you rented or borrowed the vehicle from the loaner or person who rented you the vehicle without knowledge of it being stolen, or intent to deprive the owner of their means of transportation.

4) Violation of Constitutional rights - This includes but is not limited to a) unlawful search and seizures of person or residence b) denial to right to counsel; c) police intimidation, threat, or coercion for the purpose of self-incrimination and get you to admit to a crime. And further it continues after you have told the police you wish to withhold comments or any answers until your defense attorney is present.

5) Weaknesses in the prosecution's case including lack of evidence, lack of witnesses, statements made by unreliable witnesses, or lack of due process and improper investigation by the police.

These are just 5 defenses of many that are used by experienced auto theft defense and criminal defense trial lawyers in Arizona. The defense tactics used are dependent upon the facts of your case. A good criminal defense attorney experienced at defending auto theft cases will know what defenses to use under what circumstances. Convictions for auto theft are too serious to face without good private practice criminal defense. Without proper legal defense by a qualified attorney you forfeit any chance of getting the charges dismissed, reduced, or any good outcome in your Mesa AZ auto theft charges. .

Continue reading "Defenses commonly used to challenge Auto Theft Charges" »

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

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 Maricopa County complaint or citation for your Maricopa County arrest. You should in consult and retain an experienced criminal defense or DUI defense attorney who defends charges in Maricopa County Court 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 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 Superior Court and Superior Court Judge for further proceedings and setting a date for trial.
If Your Maricopa County 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 criminal defense or DUI attorney who defends Maricopa County DUI and Chandler criminal charges.

Continue reading "Criminal Charges: "What is a Preliminary Hearing?"" »

How Top Criminal Attorneys Defend Auto Tempe AZ Auto Theft Charge.

Auto Theft Charges | "Theft of Means of Transportation" in Tempe AZ
Auto Theft in Arizona is also called "Theft of Means of Transportation". A conviction of Tempe auto theft charges carry sentences that include up to 8.75 years in prison. Aggravating factors such as violence, repeat offenses or other criminal charges that occurred in conjunction with the auto theft charge can give cause for increased sentencing and penalties. Auto Theft is considered a class 3 felony, and an Arizona crime against victims. Due to the nature and seriousness of these charges you should seek private practice criminal defense representation. This will provide you with increased possibility of getting your charges dismissed, reduced or the best outcome in your case.

Auto Theft Laws Tempe AZ
Auto Theft or "Theft of Means of Transportation" charges are governed by Arizona State Criminal Law. Classifications and sentencing are provided in detail at the State of Arizona Legislature website, under criminal code A.R.S. 13-1814. Auto theft alone without aggravated issues or additional charges is still a class 3 felony, a very serious offense in Arizona.

According to Arizona Criminal Law, the AZ Prosecution must prove the following in order to get a conviction:
1. You knowingly took a vehicle without permission or legal authority;
2. You took control, converted, or obtained someone else's means of transportation without their consent.
3. Your intent in taking the vehicle was to permanently deprive that entity of another of their vehicle or means of transportation.
Also, In Arizona, if you take control or possession of a vehicle that is not yours, and you do not know who it belongs to you can be charged with Auto Theft if you fail to make a reasonable effort to find the rightful owner.

Penalties for Tempe AZ Auto Theft
Arizona Sentencing for Auto Theft convictions that are non-violent, not repeat offenses, with no prior criminal history carries sentences as high as 8.75 years of prison. Other penalties many include 12 months jail, restitution, supervised probation, and other penalties the judge deems necessary. If violence was involved, a repeat offense, or other aggravating factors exist, more criminal charges may be brought by the prosecution. If convicted, the judge may order additional punishments, higher fines, more restitution, and a longer prison sentences.

Criminal Defense Attorney for Auto Theft Charges in Tempe AZ
If you face Tempe Auto Theft Charges you should consult a criminal defense attorney or auto theft attorney in Arizona as soon as possible. Your future and freedom are in jeopardy. Good criminal defense attorneys or auto theft defense firms will make sure your rights are protected; you are treated fairly; conduct their own investigation, decide what defenses have the potential to serve your defense the best, present compelling arguments and file motions on your behalf; and guide you through the criminal law process in Arizona. Top criminal lawyers in Tempe AZ will use take every opportunity to strengthen your defense against the prosecutions case against you, attempt to get the charges dismissed, reduced, and all the while working towards obtaining the best results for your defense.

Continue reading "Auto Theft Laws: If a reasonable effort is not made to find the rightful owner of a vehicle, a person may be charged with Auto Theft" »

Ways to fight your Scottsdale DUI Charges

If you face active DUI charges in Scottsdale AZ, the prosecution bears the burden of proving you are guilty of the DUI charges. This means you have the right to fight your DUI charges. The first thing you will need to do is consult an experienced criminal defense or DUI defense attorney who defends DUI charges often in the Scottsdale AZ Courts. It is rare if ever, that an individual will get charges dropped or dismissed without proper legal representation. This is because 1) Arizona has some of the toughest DUI laws, and penalties in the county and 2) The criminal justice system can be a maze of unfamiliar procedures, protocol, and turbulent changing DUI legislation.

Many DUI defenses exist and can be used to fight a Scottsdale DUI charge. The defense strategies that your Scottsdale DUI lawyer will use will be determined by the circumstances surrounding your DUI charges and arrest. Below is a short list of some defenses that some of the best Scottsdale DUI defense lawyers may use to fight your Scottsdale DUI:

• Challenging the reason for your DUI stop;
• Examining and challenging police observations at the time of the stop or arrest;
• Arguments surrounding Field Sobriety Tests results which have proven to be very controversial. This is due to inaccuracies, and subjective nature of the results as determined by the police;
• Challenging the appropriateness of the officer's conduct;
• Examining Breath, Chemical, Blood or Urine tests for appropriate handling, transport, storage and results accuracy.
• Finding and providing exculpatory evidence (evidence that is in your defense).
• Questioning sufficiency of the evidence;
• Identifying any violations of your Federal or State Constitutional Rights.

In summary, there is hope and a second chance at freedom and a new start by fighting your DUI. The chances of getting a DUI dismissal or "not-guilty" verdict will increase significantly by retaining the legal representation of a good DUI lawyer who defends DUI and criminal charges in Scottsdale AZ court.

Continue reading "DUI Charges: Common defenses used to challenge DUI charges" »

A defendant charged or arrested for auto theft in Arizona should consult an experienced Arizona criminal lawyer as soon as possible. These are very serious charges with harsh punishments. Auto Theft in Arizona is a felony even if there was no violence, force, threat or intimidation involved.

Auto Theft Charges
Auto theft charges in Arizona are also known as "Theft of Means of Transportation" and are outlined in A.R.S. code 13-1814. Auto theft is considered a class 3 felony. The penalties for a non-dangerous class 3 felony with no previous criminal convictions, among other penalties will expose the defendant to upwards of 8 years in prison.

Criminal Laws for Auto Theft in Arizona
In order to convict a defendant of Auto Theft or Theft of Means of Transportation in Arizona, the prosecution needs to prove the following:
1. You knowingly took a vehicle without permission or legal authority;
2. You controlled, converted or obtained another person's means of transportation.
Under this Arizona Criminal Laws the defendant must have "known" they were taking someone else's vehicle; or they took control while "knowing" it was stolen. Further a defendant can be convicted of auto theft if they failed to provide a reasonable effort to determine the true owner.

Arizona Auto Theft Penalties
This is an Arizona victim crime and upon conviction may be sentenced to 8.75 years in prison, 12 months jail, and restitution or supervised probation, among other penalties. If the defendant is convicted of Auto theft, and has a prior criminal record, and or any violence was involved, the penalties will be much higher depending on the circumstances.

Arizona Theft Criminal Defense Attorney
The state of Arizona relentlessly pursue convictions for defendants accused of auto theft. Your only real chance at obtaining a good outcome in your case is to hire a good private practice Arizona criminal defense firm to d0efend your charges. An experienced criminal attorney will make sure your constitutional rights are not violated and you are treated fairly. Good auto theft defense attorneys in Arizonan will gather evidence, interview witnesses, and determine what defense strategies will best serve you. They will challenge the prosecution's case, and present compelling arguments on your behalf. When it comes to serious charges such as auto theft, your question should not be "should I hire a criminal attorney?" but rather, "which criminal attorney should I hire?" And the answer is to hire an experienced auto theft defense attorney who has a strong litigation skills and criminal defense background who will proactively fight the charges in your defense and put in the labor that is involved in attempting to get your charges dismissed, reduced or the otherwise best outcome in your case.

Continue reading ""What is "Theft of Means of Transportation?"" »

How Top Criminal Defense Attorneys use Arizona Criminal Laws to Defend your Mesa AZ Auto Theft Charges

Auto Theft Charges or "Theft of Means of Transportation" Charges in Arizona
Auto Theft in Arizona is also known by its' legal term "Theft of Means of Transportation" and used interchangeably. A conviction for Mesa AZ auto theft can expose you to nearly 9 years in State Prison. Auto Theft charges are serous felonies. The best attorneys in Arizona will advise you to seek legal representation for these charges.

Arizona has some of the highest incidents Auto Thefts in the country, leaving prosecutors and police working vigorously to pursue convictions. They are looking for severe punishments for those convicted of Arizona Auto theft. If charged with Mesa auto theft you will need strong criminal defense representation and should consult a criminal attorney who defends Mesa AZ auto theft charges as soon as possible. to discuss your charges and defense options.

Arizona Auto Theft Laws
Auto Theft Charges in Mesa AZ for purposes of sentencing are governed by the State of Arizona. "Theft of Means of Transportation" or auto theft can be found under criminal code A.R.S. 13-1814. Auto theft is a class 3 felony, and an Arizona victim crime.
Basically, the Arizona Criminal Law requires that in order for the prosecution to convict you (or otherwise the defendant) of auto theft, they must prove the following:
1. You knowingly took a vehicle without permission or legal authority;
2. You took control, converted, or obtained someone else's means of transportation without their consent.
3. Your intent in taking the vehicle was to permanently deprive that entity of another of their vehicle or means of transportation.
So to get a convicted, at least one or more elements must exist:
A. You must have known you were taking a vehicle belonging to someone else..
B. You took control of a vehicle that you knew was stolen.
C. You had no intention of returning it to the rightful owner.

Also, in Arizona, you can be convicted of auto theft and face years in prison if you took possession of a vehicle without knowing who it belonged to, and failed to make a reasonable effort to find it's rightful owner

Auto Theft Penalties in Mesa AZ
Arizona penalties for conviction of non-violent class 3 felony such as auto theft, with no prior criminal record, will expose the defendant to upwards of 8.75 years in state prison, 12 months jail, and restitution or supervised probation, among other penalties the court may order. If the defendant is convicted of Auto theft, and has a prior criminal record, and or any violence was involved, the penalties will increase based on the circumstances of the case.

Criminal Defense Attorney for Auto Theft Charges in Mesa AZ
If you have been accused or charged with Mesa AZ auto theft, you should consult a criminal defense lawyer or Mesa AZ auto theft attorney as soon as possible. A good auto theft defense lawyer will make sure your rights are protected; you are treated fairly throughout the criminal law process; examine all the evidence; determine what defenses will best most effective in your case; interview witnesses; and present compelling arguments on your behalf. The best criminal defense attorneys who defend Mesa AZ charges will make every effort to get your charges dismissed, reduced, or the otherwise best outcome in your case.

Continue reading "Criminal Laws for Auto Theft: Find out why you may still be charged with Auto Theft even if you did not steal a vehicle" »

Arizona has consistently been ranked the fourth highest ranked states in the Country for Auto Theft. Its commonality does not reduce the severe penalties imposed by the State of Arizona if convicted. If you have been arrested, charged or accused of Phoenix AZ auto theft, you should consult an experienced criminal attorney in private practice as soon as possible. Auto theft charges are very serious in Arizona. Auto theft is considered a class 3 Felony, which if convicted exposes defendants to extended prison terms, felony criminal record, and other harsh penalties.

Phoenix Auto Theft Charges or "Theft of Means of Transportation"
Auto Theft Charges in Arizona are governed by the laws of the State of Arizona. They are also known as "Theft of Means of Transportation". Arizona auto theft laws are defined and classified under criminal code A.R.S. 13-1814. Auto theft is a class 3 felony, and an Arizona victim crime.

Criminal Laws for Auto Theft in Arizona
In order to convict a defendant of Auto Theft or Theft of Means of Transportation in Phoenix Arizona, the prosecution needs to prove the following:

1. You knowingly took a vehicle without 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 their automobile.

Under this Arizona Criminal Laws the defendant must have "known" they were taking someone else's vehicle; or they took control while "knowing" it was stolen; and their intent was not to return it to the rightful owner. Further a defendant can be convicted of auto theft if they failed to provide a reasonable effort to determine the true owner.

Phoenix AZ Theft Penalties
The penalties for conviction of non-violent class 3 felonies, with no criminal record convictions, among other penalties will expose the defendant to upwards of 8.75 years in state prison, 12 months jail, and restitution or supervised probation, more. If the defendant is convicted of Auto theft, and has a prior criminal record, and or any violence was involved, the penalties will increase based on the circumstances surrounding the charges.

Phoenix AZ Criminal Defenses for Auto Theft
Phoenix AZ relentlessly pursues convictions for those accused of committing auto theft. That is one reason it is important that you consult an experienced criminal defense attorney in private practice in Arizona as soon as possible.

There are possible defenses that are often used for auto theft charges, and are often used by good experienced criminal attorneys. In general some defenses include but are not limited to the following:

1) The defendant thought they had "Consent". This typically occurs with family members, friends, or domestic partners, where the defendant at one point was a permissive user, and then the owner made the defendant aware that their permission was no longer valid and they rescinded their permission.

2) Another defense is what is known as "Mistake of Fact". This happens when someone purchases, or borrows an automobile, from someone they believe is the rightful owner or has authority to sell, or lend. Then the defendant learns it was a stolen vehicle. Your experienced criminal defense attorney would argue that you did not have knowledge that it was a stolen vehicle and did not intend to deprive the rightful owner of their means of transportation.

These are just a few defenses of many that are used by Phoenix auto theft defense trial lawyers in Arizona. There are as other defenses that can be used depending on the facts of your case. It is one thing to know what the defenses are v. knowing what they are, when and how to use them to present compelling arguments through the Arizona criminal Justice System on your behalf. A good criminal defense lawyer in Arizona will do everything possible to protect your rights, make sure you are treated fairly and challenge the Auto Theft charges on your behalf. Top local Phoenix AZ attorneys will make every effort to get your charges dismissed, reduced or the otherwise best possible outcome in your case.

Continue reading "Two common legal defenses for Auto Theft Charges" »

How Good DUI Attorneys in Mesa AZ Build Winning Defense Cases

After hiring an experienced DUI attorney for Mesa DUI charges, a good criminal defense or DUI Attorney is involved in many defense activities behind the scenes on your case. If you were arrested in Mesa AZ for DUI or other criminal charges, penalties and sentencing are governed by Arizona State Laws which are complex and strict. Your future and freedom are at stake. You should consult a private DUI or criminal defense attorney who defends criminal charges in Mesa AZ Court as soon as possible. Most DUI criminal and DUI attorneys provide free consultations. It will be well worth your time to discuss your charges, range of sentencing for those charges and your defense options.

Once retained, your Mesa DUI or criminal defense attorney in Mesa will guide you through every phase of the Arizona criminal justice system, and defend you through all stages. Many times you will wonder what they are doing to help you. Your Mesa DUI lawyer should answer any questions you have regarding their efforts. You are the employer. They work for you. At the same time, you are part of the team as well. Here are some activities that good Mesa DUI defense or Criminal defense attorneys may do to build and mount a winning defense for your Criminal or DUI charges in Mesa:

• Gathering and examining evidence;
• Looking for exculpatory evidence (evidence to defend you);
• Obtaining independent experts to review test results or certain technical aspects of evidence or findings;
• Reviewing and examining police reports, the complaint, test results, photographs, and #911 call transcripts, to find weaknesses or flaws in evidence the prosecution will attempt to use against you.;
• Finding witnesses to interview or depose including detectives and arresting police officers;
• Finding and interviewing witnesses who may be willing to testify in your favor such as passengers in the vehicle or other witnesses at the scene;
• Based on the evidence (or lack of it) determine the best defense strategies that can be used to build your defense case;
• Filing Motions through the Mesa Court and Criminal Justice System in your defense and meeting important deadlines for those filings;
• Mounting your defense case against the prosecution. An good Mesa AZ DUI Lawyer will take every opportunity through the criminal justice system and use defense tactics to get evidence suppressed, reduction in charges, or a dismissal of your case. An experienced criminal defense or DUI lawyer will recognize those opportunities and act swiftly;
• Participating in court hearings, such as status or pre-trial conferences. These hearings focus on legal issues such whether or not certain evidence should be admitted or suppressed (not used against you); modifying pre-trial release conditions, and plea negotiations for the best outcome possible;
• Preparation compelling arguments for trial, conferences and the filing of motions;
• Your DUI attorney who will be defending you in Mesa Court will work with you and the prosecution, which is court approved to obtain mutually agreeable resolution to avoid the conviction and harsh sentencing that result from uncertain outcomes resulting from trial. Plea negotiations can include a more satisfactory resolution such as modification of the charges to lesser charges and sentencing, an agreement not to file new charges, sentencing of probation instead of jail time, reducing jail or prison sentences, dismissing a portion of the charges or a total dismissal of charges.

Make sure that the DUI and criminal defense criminal defense attorney, who will be representing you in Mesa AZ court, is able and willing to devote the time and effort and is needed to fight for a good outcome in your case and is qualified to take the necessary actions in your defense. Look for an attorney who has the credentials and a vast amount of litigation experience to do what needs to be done to prepare and build a successful defense on your behalf. If you are represented by such an attorney your chances of getting your DUI or criminal charges reduced or dismissed significantly increase.

Continue reading ""Why do I need a criminal defense attorney for my DUI?"" »

Ways to fight your Mesa AZ DUI Charges

If you were arrested for DUI in Mesa AZ you have the right to fight your DUI charges. The first step is to consult an experienced DUI or criminal defense attorney who defends DUI charges often in Mesa AZ.

It is difficult and close to impossible to get your DUI charges dismissed or reduced without legal representation from a good Mesa AZ DUI attorney. This is due to the fact that the state of Arizona has strict DUI laws, and severe penalties for conviction. On top of that, the unfamiliarity of the criminal justice system is overwhelming. Some feel like their situation is hopeless due to the maze of unfamiliar laws, procedures, protocol, defenses and constantly changing Arizona DUI legislation.

There should be no secrets as to Defenses can be used to fight DUI charges. The defense tactics that your Mesa DUI lawyer uses is based upon the particular evidence, and circumstances surrounding your Mesa DUI charge. Below is a sample list of categories of defenses that some the best criminal defense Attorneys in Mesa AZ use to fight DUI charges in Mesa AZ:

• Arguing the reason the Police pulled you over for the DUI Stop;
• Challenging police observations at the time of the stop or arrest with other third party eye witness testimony in your defense;
• Challenging evidence involving Field Sobriety Tests (FST). Results of FST results are very controversial. This is due to the subjective nature of the testing and results which often prove to be inaccurate or invalid. In fact, it is difficult for many people not impaired by drugs or alcohol to pass the FST according to the subjective nature of testing and results reported by the police.
• Questioning the appropriateness of the officer's conduct, or behavior in conjunction with the police officer's prior history of disciplinary actions;
• Challenging Breathalyzer, Blood, or Urine tests. Your Attorney will evaluate transport, storage, and handling of the samples. They will compare them to required procedures to make sure required protocol was followed. Accuracy of the tests results can be challenged by sending a sample taken at the time of arrest to an independent lab for examination.
• Obtaining evidence in your favor;
• Educating the prosecution and court regarding weaknesses or flaws in their case;
• Identifying violations of any of your Constitutional Rights.

Again, this is just a sample of a vast amount of defenses that can be used to help you fight your DUI. And the chances of getting a DUI dismissal or "not-guilty" verdict will increase significantly by retaining the legal representation of an experienced DUI defense attorney who defends DUI and criminal charges in Mesa AZ court.

Continue reading "Common Defenses use to challenge Criminal and DUI Charges" »

How the Best DUI Lawyers in Gilbert AZ Fight DUI Charges

If you were arrested for a DUI in Gilbert AZ you have the right to fight your DUI charges. The very first thing you need to do is to consult an experienced criminal defense or DUI lawyer who defends DUI charges often in Gilbert AZ.

If you wish to fight your DUI charges, you will need to retain a good Gilbert AZ DUI or criminal defense attorney. This is due to the strict DUI laws in Arizona and severe punishments if convicted. Even first time DUI charge with no prior criminal record carries mandatory sentencing of jail time. If that is not enough, the unfamiliarity of the criminal justice system is overwhelming. Many don't fight their DUI charges because they feel it is hopeless. The Mesa AZ criminal justice system can be a maze of unfamiliar laws, procedures, time-lines, and constantly changing Arizona DUI legislation.

There should be no secrets as to how your DUI attorney will fight your DUI. A good Gilbert AZ attorney will keep the lines of communication opened to keep you informed throughout the processes. Which defense strategies your Gilbert DUI lawyer will use, is will be based upon the circumstances surrounding your Gilbert DUI charges and arrest. Here are some examples of categories of defenses that some the best criminal defense Attorneys in Gilbert AZ use to fight DUI charges in Gilbert AZ:

• Challenging the reason for the DUI stop by the police officer. Why did they pull you over in the first place?);
• Challenging police observations at the time of the stop or arrest with credible and trustworthy witness testimony on your behalf that conflicts with the police report.
• Challenging evidence involving Field Sobriety Tests (FST). Results of FST have long been controversial. They are subjective in nature, and the one doing the grading is the police officer. Often FST results are considered to be inaccurate. It has been found that many individuals who are not driving impaired by drugs or alcohol can not pass the FST to the police officer's satisfaction.
• Analyzing the officer's conduct, and behavior along with obtaining information on prior history of disciplinary actions that may exist for this officer;
• Challenging accuracy and protocol of Breathalyzer, Blood, or Urine tests conducted. Your Attorney will evaluate issues such as transport, storage, and handling of the samples, to determine if proper procedures were followed. Accuracy of the tests results can be challenged by having the sample retested by an independent lab. (The police generally will give you a second sample on the spot at the time it is taken for your defense. If they do not offer, be sure to ask hat a second sample be taken for your defense attorney.);
• Obtaining exculpatory evidence in favor of your defense;
• Presenting compelling arguments to the prosecution and filing motions with the court regarding weaknesses or flaws in their case against you;
• Determining if any of your Constitutional Rights were violated.

The chances of getting a DUI dismissal or "not-guilty" verdict will increase significantly by retaining the legal representation of an experienced DUI defense attorney who defends DUI and criminal charges in Gilbert AZ court. The best DUI attorneys will know which defense tactics to build and mount on your behalf. According to the constitution you have the right to obtain an attorney. Make sure you select a seasoned DUI lawyer who will know what defenses to use and how to mount the most effective defense that will lead to the best outcome in your case.

Continue reading "DUI Charges: Winning Criminal Defense Strategies Revealed" »

How the Best DUI Attorneys Fight DUI Charges in Chandler AZ

If you were arrested in Chandler AZ for DUI, you can fight your DUI charges. Many cases are dismissed, or reduced to lesser violations. The way to begin is to contact a good criminal defense attorney or DUI lawyer who defends DUI charges often in Chandler AZ.

There is a lot to lose if convicted of DUI in Arizona. The punishments are severe and include mandatory jail time. It is usually in your best interest to plead not guilty and to hire a Chandler DUI Lawyer or criminal defense attorney who defends DUI charges in Chandler AZ. Rarely if ever, will you get a good outcome, dismissal or reduction of charges if you attempt to represent yourself without a qualified attorney. Many good people get DUI charges due to mistakes and errors in judgment. They find themselves sitting behind bars wondering why or how they let it happen. Then due to the trauma, humiliation, arrest process, the unfamiliarity of the criminal justice system, they feel their situation is hopeless. You can regain control of your life and situation by hiring a good private practice DUI lawyer who will know how to defend your DUI charges.

There should be no secrets as to how your DUI defense attorney will represent you and fight your DUI charges. A good Chandler AZ criminal defense attorney will keep you informed and guide you through the processes. The best criminal attorneys in Chandler AZ will work hard to try to get your charges dismissed. The defense strategies they will use will depend upon the specific facts and circumstances surrounding your DUI charges.

Here is a sample of some categories of defense strategies some the best criminal defense Attorneys in Chandler AZ use to fight DUI charges.
• Challenging the reason the police officer stopped you;
• Arguing the police observations they documented in the report with a trustworthy witness testimony on your behalf that conflicts with the police officer's account;
• Challenging Field Sobriety Tests (FST). Results of FST are very controversial and often easily challenged. This is due to their subjective nature as reported by the arresting officer. Often FST results are considered to be inaccurate or not admissible in court. It has been proven time and again, that many people who are not impaired by drugs or alcohol can not pass the FST to the police officer's satisfaction.
• Examining Police conduct including use of excessive force, or intimidation.
• Examining the Officer's prior history of misconduct or disciplinary actions that exist;
• Challenging accuracy Breathalyzer, Blood, or Urine tests results. Your Attorney will evaluate issues such as transport, storage, and handling of the samples, to determine if proper procedures were followed. Accuracy of the police results can be retested by an independent lab via your defense attorney;
• Obtaining and presenting evidence in your favor;
• Presenting compelling arguments and educating the prosecution and court regarding insufficient evidence or weaknesses and flaws in their case:
• Find out if your Constitutional Rights were violated.

The chances of getting a DUI dismissal or "not-guilty" verdict will increase significantly by retaining the legal representation of an experienced DUI defense attorney who defends DUI and criminal charges in Chandler AZ court frequently. The best DUI attorneys will know which defenses to use to build and mount on your behalf. According to the constitution you have the right to obtain an attorney. This is one right you do not want to ignore. It can make the difference between a conviction of a DUI and dismissal of your DUI charges. Without it, you are on a fast track to a DUI conviction and its harsh life alerting consequences.

Continue reading "DUI Defenses: DUI charges do not always lead to convictions. Find out what why, and what can be done to defend your charges" »

Arizona criminal defense | Phoenix Metro AZ DUI Lawyer

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

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

Initial Appearance in Arizona Court
Your initial appearance is the first phase through the Phoenix Metro Arizona criminal justice system. You will appear before the judge in a Phoenix Metro AZ court, regardless of what state you reside. 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 AZ 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 Arizona criminal defense attorney or Phoenix Metro AZ 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 Arizona. One thing most Good Criminal and DUI Attorneys in Phoenix Metro AZ agree upon is this: A major factor in getting a successful outcome for you is early retention of a criminal or DUI defense lawyer.

10 things experienced DUI lawyers may advise you to do after a DUI Arrest in Scottsdale that may increase your chances of getting a good outcome.

1) Consult a Scottsdale AZ DUI attorney. The chances of getting a dismissal of your DUI, charges a reduction in charges, or other favorable outcome increase substantially with legal representation by a private DUI Lawyer or criminal defense attorney.

2) Remain silent. By remaining silent you will help you to avoid self-incrimination. If questions continue, from Scottsdale AZ police, or prosecution, politely say you wish to remain silent until your attorney is present. Unjust denial of your request is a violation of your rights and can lead to suppression of evidence or dismissal of your Scottsdale DUI charges.

3) Cooperate with Regard to Procedural Requirements. After your arrest, the court may issue an order for you to be photographed and fingerprinted. Any argument or failure to comply with protocol or court order will be held against you and simply make matters worse for you.

4) Write a narrative. Document as much information as you can as can remember. Include events before, during, and after the arrest; discussions, questions and answers; food, drink or medication consumed; and names of witnesses or passengers that may be willing to testify on your behalf. Details that seem irrelevant to you may actually be something an experienced DUI attorney considers material to your defense.

5) Repair any vehicle problems that may have resulted in the DUI stop. This includes burnt out head or tail lights, turn signals, or whatever triggered the Scottsdale police to pull you over.

6 Get proper insurance and registration. If you were cited for failure to possess proper insurance or registration, get it. If you already had but were unable to provide proof of provide a copy of it to your Scottsdale DUI attorney, and keep the original for the court.

7) Resolve Unpaid Fines or Tickets. The court will review your past driving or criminal history for neglect any other prior driving violations, or criminal convictions. If so, this may have an adverse impact on your sentencing.

8) Photograph the location of the DUI stop. A good DUI attorney will be able to recognize if there is anything in the photos, or lack of certain things, that police relied on to stop or arrest you that can result in cause to challenge facts or evidence.

9). Request a Motor Vehicle Hearing: If your driver's license was taken you must request a MVD hearing within 15 days or date otherwise set by the Motor Vehicle Department. Be sure to discuss your options first with your DUI attorney. There are consequences of requesting the hearing that differ from stipulating to a suspension.

10) Appear for your arraignment unless your Attorney advises you otherwise. This is the date on your ticket. If you do not have an attorney, your appearance is mandatory. If you fail to appear to the arraignment a warrant will be issued for your arrest. If you have retained a DUI lawyer, they will advise you of whether or not you will need to attend. In many cases your attorney can get have the arraignment vacated or can appear on your behalf. Be on time for all court appearances for which you are required to attend.

For more information about winning criminal and DUI defense strategies visit www.arizonacriminaldefenselawyer.com where you can download free AZ DUI defense books written by experienced attorney James Novak as well as DUI defense videos produced by James Novak, Scottsdale DUI Defense Attorney.

Continue reading "10 things you can do after a DUI arrest that will strengthen your defense, to help avoid a harsh conviction" »

How Good DUI Attorneys in Chandler AZ Build Winning Defense Cases

Chandler DUI and criminal charges get dismissed every day, due to hard work, and technical skills of a good DUI or Criminal Defense Attorney who defend their clients in the Chandler AZ court. But you may wonder what your Chandler DUI lawyer is really doing to help you. Your Chandler DUI defense attorney should answer any questions you have regarding their activities and efforts to defend you. A qualified and experienced Chandler AZ criminal defense or DUI Attorney is involved in many defense activities behind the scenes on your behalf. If you were arrested in Chandler AZ for DUI or other criminal charges, and convicted, you will face some of the most severe penalties in the country as required by Arizona Law. You should consult a private practice Chandler DUI lawyer or criminal defense attorney who defends criminal charges in Chandler Court as soon as possible.

A good private practice DUI attorney defending you in Chandler Court will guide you through every phase of the Chandler criminal justice system. Below are a few activities a qualified and experienced Chandler DUI lawyer or Criminal defense attorney will do to defend you and build a strong defense case:

• Gather and evaluate evidence;
• Obtain exculpatory evidence to use in your favor;
• Have evidence such as blood or urine samples initially obtained by police retested by an independent lab. (Usually the arresting officer will obtain it for you. If not, you should ask them to save a second sample for your defense attorney.)
• Review evidence to determine if an independent expert would benefit your case regarding technical issues, aspects or evidence.
• Review police reports, the complaint, evidence, test results, photographs, and #911 call transcripts, to find weaknesses or flaws in evidence the prosecution intends to use against you;
• Interviewing or deposing detectives or the arresting officers;
• Interviewing witnesses who may be willing to testify in your favor for such things as their observations about your sobriety if they were passengers in the vehicle;
• Choose the defense strategies that will most likely lead to obtaining the most favorable outcome in your case;
• File motions with the Chandler Court and Criminal Justice System within required deadlines. .
• Mounting an effective defense case against the prosecution.
• Look for opportunities and act swiftly through the criminal justice system to get evidence suppressed, reduction in charges, modify sentencing in your favor, get some or all charges in your case dismissed.
• Participate in scheduled court hearings, and pre-trial conferences; or trial;
• Prepare compelling arguments and documentation for trial, conferences and the filing of motions;
• Working with you, the prosecution, and Chandler Court to obtain mutually agreeable plea agreement or other more favorable resolution that sentencing for a conviction, or the uncertain outcomes of a trial.

When selecting the DUI lawyer you want to represent you for your DUI or criminal charges in Chandler AZ, consider whether or not that Chandler DUI or criminal defense attorney has the qualifications, litigation experience and the time needed to defend your case and fight for a winning outcome. If you are represented by such an attorney your chances of getting your DUI or criminal charges reduced or dismissed significantly increase.

Continue reading ""What will a criminal attorney do if I hire them to defend my DUI charges?"" »