Phoenix DUI Lawyer Blog

If you were arrested in Arizona, received criminal charges in Arizona, you will need an Arizona Criminal Lawyer to defend you. This is true, even if you live out of state and were simply driving through or visiting when you cited or arrested. If you live out of state and you wish to hire an Attorney in your home state, be sure they are licensed to practice criminal defense in Arizona. If so, you will want to make sure they keep up on the constantly changing criminal and DUI laws, statutes and case law in Arizona. Your best chances of getting a good outcome will be to hire an attorney who resides and is licensed to practice criminal defense and DUI defense in Arizona. Even better, is make sure it is someone who defends clients daily or frequently in the Arizona Court System.

Next, there is a misconception among some that think any type of lawyer can defend their criminal charges. Perhaps they have a friend or relative or an attorney they used for a personal injury matter. That may have been the case 50 years ago, but not anymore. Arizona Criminal and DUI statutory laws are constantly changing and more criminal cases that have gone to trial and appeals have set case law authority and precedent. It is challenging enough for an Arizona Attorney who practices exclusively in criminal or DUI law to keep up. The court system and procedures are complicated and the courts dockets are overloaded. You don't want to find yourself being defended by an Attorney who is just going through the motions, and agreeing to the maximum sentence the Arizona prosecution wants to give you. You don't need anyone else to help you get convicted. Arizona and its prosecution will already be positioning case to do just that.

The criminal and DUI laws are tough in Arizona, some of the toughest in the country. You need a strong, Arizona criminal defense Attorney or Arizona DUI Lawyer. You want to choose someone who will fight for you and use every defense in their arsenal to try and get your case dismissed. You need an Arizona Criminal Attorney who knows the law, the court systems, defenses that can be used, judges, prosecution, and case law that may have an impact on your case. You want an attorney who will protect your constitutional rights. A violation of those rights may lead to grounds for dismissal of your charges. All of these factors have an impact on the outcome of your case. They can make the difference between you getting the maximum sentence following a conviction, or getting your charges totally dismissed. For criminal charges in Arizona, you need to hire an Arizona Criminal Attorney. Your future is too important to gamble with.

If you have been charged with any Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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State Court Arizona - Criminal Law

What to expect at an Arizona Evidentiary Hearing

An Evidentiary Hearing can be requested by your Arizona DUI Attorney on your behalf. In this event your Arizona DUI Defense Attorney will ask that the State suppress some or all evidence against you. This may be warranted in situations if your constitutional rights were violated, if police protocol, DUI or drug testing procedures were mishandled or if any other evidence surrounding your case warrants suppression of the evidence.

Your Arizona Criminal Defense attorney will file motions to the court requesting to suppress or dismiss a portion of all evidence, if the circumstances warrant in addition to requesting an Evidentiary Hearing. This usually occurs after the first pre-trial conference. The Judge then rules on written legal arguments filed by your Arizona Criminal Attorney, if appropriate. The hearing can consist of testimony from witnesses and oral arguments from your or Arizona DUI Lawyer as well as the State's Attorney.

"Arizona Revised Statutes §13-4238 Evidentiary hearing:

A. The defendant is entitled to a hearing to determine issues of material fact, with the right to be present and to subpoena witnesses. If facilities are available, the court may, in its discretion, order the hearing to be held at the place of confinement, giving at least fifteen days' notice to the officer in charge of the confinement facility. A verbatim record of the hearing shall be made.

B. The rules of evidence applicable in criminal proceedings shall apply, except that the defendant may be called to testify at the hearing.

C. The defendant has the burden of proving the allegations of fact by a preponderance of the evidence. If a constitutional defect is proven, the state has the burden of proving that the defect was harmless beyond a reasonable doubt.

D. The court shall rule within ten days after the hearing ends. If the court finds in favor of the defendant, it shall enter an appropriate order with respect to the conviction, sentence or detention, any further proceedings, including a new trial and conditions of release, and other matters that may be necessary and proper. The court shall make specific findings of fact and state expressly its conclusions of law relating to each issue presented."

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Arizona Criminal Defense Attorney - Arizona Arrest

"Maricopa County is the 4th largest county in the nation with an estimated population of over 3.8 million occupants." It is important that you consider hiring an Arizona Criminal Defense Lawyer, if you have been charged with a crime in Maricopa County. This differs from other, mainly smaller Counties in the State or other States which may have fewer staff, or less resource with which to prosecute crimes. With that in mind, another County may choose not to prosecute offenses related to particular crime or set of crimes for that reason alone. But that is not the case in Maricopa County. Here is some information regarding the prosecuting office in Maricopa County should you find yourself facing criminal charges here.

"The Maricopa County Attorneys Office prosecutes over 40,000 cases a year, with 900 employees and 6 offices throughout the valley, making it one of the top prosecution offices in the country. Needless to say, they have become very proficient at it. This is one of the reasons that if you have been charged with a crime in Arizona, it is critical that you hire a top experienced Arizona Criminal Attorney to defend your case. It has 10 specialized divisions or bureaus. The highest volume bureaus for prosecution include the following four categories:

• Gang Bureau: Prosecutes cases involving criminal street gang members...
• ROP Bureau (Repeat Offender Program): Targets chronic repeat offenders for prosecution...
• Vehicular Bureau: Also a high volume bureau responsible for the prosecution of cases involving vehicular homicide, aggravated assault, leaving the scene of fatal/serious injury collisions and aggravated driving under the influence cases...
• Drug Enforcement Bureau: The final high volume bureau, focuses on handling major drug prosecutions, including the manufacture, transfer, sale or possession for sale of illegal drugs..."

Arizona laws and penalties for any DUI or felony convictions are the most severe among all of those in the United States. If convicted in either case, you will face extreme punishments and consequences. Mandatory incarceration in jail or prison tags along most felony and DUI charges. If you have been charged with a crime for the first time, a repeat offense, a new resident, or simply visiting, it makes no difference. It is important that you understand how tough Arizona is on crime, and how imperative it is to hire an experienced criminal defense attorney if you have been charged with a DUI or Criminal offense in Maricopa County.

(Quoted in part from Author: Maricopa County Attorney's Office Website crimefreeaz.com.)

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