Phoenix DUI Lawyer Blog

Criminal Rights and Exceptions of Right to Counsel

A person's rights to counsel can be found in the State's Rules of Criminal Procedures; The US Constitution 5th and 14th Amendment; the Arizona Constitution; and Under Arizona Criminal Code A.R.S. 13-114. This segment focuses on the Rules of Criminal Procedure in Maricopa County.

Arizona Rules of Criminal Procedure - Right to Counsel

Rules 6.1 (a.) & (c.) entitle a defendant to be represented by counsel in DUI and criminal proceedings. However, they are not entitled to counsel if the offense has no possibility of resulting in jail or prison if they are found guilty.

A defendant may waive their right to counsel at any time.

Arizona Rules of Criminal Procedure - Withdrawal of Waiver of Right to Counsel

Rule 6.1 (e.) allows for a person who previously waived their right to counsel, to also withdraw their waiver of right to counsel, at any time.

There is one exception to withdrawing a waiver of right to counsel at any time: A person is not entitled repeat a proceeding, they previously waived their right to an attorney, on the sole ground that they were unrepresented.


When Legal Counsel is Necessary

Defense services of qualified legal counsel are needed in all stages of criminal proceedings, that expose a person to jail or prison, if they are found guilty of the charges. These stages include:

• Pre-trial Services;
• Trial Representation;
• Sentencing

A person should also consider hiring a lawyer to represent them in pre-indictment cases, when a suspect is being investigated for serious charges, but has not yet formally been charged.

Legal Representation for DUI and Criminal Charges in Mesa AZ

It is unwise for a person to waive their right to legal counsel for DUI or criminal charges in which a person may be exposed to incarceration in jail or prison if found guilty. If a person moves forward with criminal proceedings unrepresented, irreversible harm can result in their case, and their defense may be compromised.

A defendant should always retain an attorney as early as possible in order to preserve all rights and defenses that may be used in the future to challenge or defend the charges.

If a defendant has jeopardized use of defenses, waived rights, or provided self-incriminating testimony, an attorney generally can't undo the damage that has been done. They can't go back and abolish the proceeding on the sole basis that the defense was compromised as a result of the defendant's waiver of right to representation by an attorney.

In general, defendants usually do not secure favorable resolutions to their charges when they go unrepresented. A person who represents themselves if expected to adhere to all Rules of Criminal Procedure; understand their rights and laws; and consequences of their decision in the event they are found guilty of the charges. Early retention of a criminal defense attorney is a key factor in obtaining any favorable outcome in criminal cases.

Additional Resources:

• AZ Supreme Court - Rules of Criminal Procedure

• Maricopa County Superior Court

• Right to Counsel under Criminal Code

• US Constitutional Amendments

Continue reading " Right to Legal Counsel in Criminal Proceedings " »

Did you know that the National Impaired Driving Enforcement Campaign is in effect August 17, 2012 to September 3, 2012?

You have probably seen the Television commercials airing the messages: "Drive Sober or get Pulled Over;" Don't drink and drive; and "They'll see you before you see them". The efforts involve increased police presence, DUI Task Forces; media outreach; national and local advertisements geared at raising public awareness.

According to the National Highway Traffic Safety Administration (NHTSA) launched a new anti-impairment driving campaign to support high visibility enforcement (HVE) of police officers nationwide. The campaign is intended to help reduce drunk driving, and raise awareness about the hazards of driving impaired due to alcohol or drugs. The efforts focus combining resources:

• Community outreach programs and education;
• DUI Task Force administration guides and materials;
• Heightened Presence of Police for basic traffic safety;
• Paid media communications, advertisements and marketing;
• Social media and internet campaigns to communicate the messages

Every state has their own laws regarding the legal limit or level of impairment that will result in criminal charges. It is important that you be familiar with the laws in your state, or any state that you plan to visit or reside.

Blood Alcohol Content (BAC): Legal Limits Arizona

All states in the country comply with at least 0.08% as the legal limit. Other states have more strict legal limits for example 0.05%.

Under Arizona law A.R.S. § 28-1381 A (2) a person may be arrested for DUI if their BAC is 0.08% or greater while driving or in actual physical control of any vehicle.

In Arizona, a motorist may also be charged with DUI, even if the BAC is below 0.08% down to 0%. This is called being "impaired to the slightest degree" under the influence of alcohol or drugs A.R.S. § 28-1381 A (1).

The penalties for DUI convictions are some of the harshest in the country. A first time Misdemeanor DUI, non-extreme BAC (below 0.15.%) conviction carries jail terms; 90 day suspension of driver's license; Ignition Interlock Device on vehicle; mandatory drug or alcohol counseling; probation; fines and fees.

DUI Attorney for defense of charges in Chandler AZ

If you face any type of DWI or drunk driving charges, you should always consult a criminal defense attorney to discuss your matter, and defense options. It is never a good idea to go to court alone or try to go without legal representation. If retained, your lawyer will provide legal representation throughout the criminal justice process; make sure you are treated fairly; defend your charges; and look for mitigating factors that will help you avoid a conviction or harsh penalties.

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• National Highway Traffic Safety Administration - Driving Safety

• National Impaired Driving Enforcement Crackdown

• Arizoan Legislature - Arizona Revised Statutes

Continue reading "National Impaired Driving Enforcement Crackdown in Effect" »