"You have the right to defend your Mesa DUI charges, no matter what events led to the arrest. But you chances of actually getting the DUI charges dismissed increase drastically if you are being defended by a good Mesa DUI lawyer."

Mesa AZ DUI Charges
If you were arrested by a Mesa DUI Task Force for DUI or Drunk Driving charges, charges, you should contact a Mesa criminal defense or DUI lawyer as soon as possible. Arizona has some of the toughest DUI - DWI laws and penalties in the country. Currently all DUI convictions can expose you to serving jail time, in addition to other harsh punishments. Most experienced DUI Lawyers provide Free Consultations to those who need legal representation for their Mesa DUI or Criminal Charges, to discuss their case and options for defense.

DUI Charges from a Mesa DUI
Mesa DUI Sobriety Checkpoints (also DUI Task Forces, DUI Safety checks or DUI roadblocks) are set up at pre-determined locations, decided by Mesa city and law enforcement agencies. Generally they are set up around holidays or weekends where high volumes of traffic are expected. Mesa AZ is one of a majority of cities that set up and conduct DUI Sobriety Checkpoints throughout the year. Arizona has adapted the DUI Sobriety Checkpoints guidelines outlined by the National Highway Traffic and Safety Administration (NHTSA).

Difference between DUI Stop and Mesa DUI Stop
The main difference between a DUI stop and a DUI Task Force stop are the events that lead to the stop by police. DUI task forces set up DUI road blocks in a particular location decided in advance and organized by Mesa City Officials and Law Enforcement Agencies. The primary purpose of them is to seek out and arrest persons driving drunk, or driving impaired due to alcohol or drugs. Which vehicles the police will stop at a are decided in advance. Under the NHTSA guidelines the determination must be made by means of a "mathematical formula". For example, they may decide to stop every first, second, third, or fourth vehicle passing through the DUI roadblock. This means the task force police can legally stop the vehicle for a DUI safety check simply because they fall within the pre-determined numbered vehicle. They need no other reason stop or detain the driver of the vehicle.

This is different from a stop where the police pull someone over while they are driving due to suspicion of DUI, DWI, or Drunk Driving. In this case, the police must have "reasonable suspicion" that a violation of the law has occurred. The US Supreme Court held that an officer must have "reasonable suspicion" that a criminal offense or traffic infraction has occurred in order to stop and detain a driver for investigation.
Generally there is no difference in penalties resulting for a DUI task force stop and a Mesa DUI conviction where charges did not result from DUI task force stop.

Mesa DUI Defense Lawyer
You have the right to defend your charges, no matter what the circumstances led to your DUI. Your chances of getting your DUI dismissed increase drastically if you are represented by an experienced Mesa DUI Attorney. Many factors must be evaluated when defending a DUI Charge. Many people feel overwhelmed by the criminal court system's maze of procedures and protocol. Providing a solid defense on your behalf requires being well versed on Arizona DUI laws and changes, and possessing a vast amount of DUI trial experience defending DUI charges. Top DUI lawyers defend cases frequently throughout Maricopa County and are extremely familiar with the court systems, and procedures. They will guide you through the stages of your DUI case; conduct their own investigation of the facts; and events surrounding your DUI arrest. They will tailor and build a DUI defense case on your behalf based on your unique set of circumstances, and present compelling arguments on your behalf. The Best DUI lawyers in Mesa will make every effort to get your charges dismissed; reduced; or the otherwise best possible outcome in your case.

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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499

www.Arizonacriminaldefenselawyer.com
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Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm
Serving Tempe, Mesa, Chandler, Gilbert, Mesa, Phoenix & Scottsdale AZ
Free Consultation! Call (480) 413-1499

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" »

"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" »

Why You Need a Good Criminal Attorney that Defends Felony Charges in Chandler AZ

If you have instructions to appear in Arizona Superior Court following a criminal arrest or receipt of summons, this usually means you most likely are facing a criminal felony charges in Arizona. If so, you should consult a criminal lawyer who defends felony charges received in Chandler and regularly defends clients in Superior Court. A felony is a serious matter in Arizona. Felony Charges in Arizona carry some of the harshest penalties in the country. Without effective private criminal defense for your Arizona Superior Court matter, your future and freedom may be in jeopardy. An experienced trial and criminal defense lawyer who defends Chandler criminal felony charges will help resolve your criminal charges so that they have the least impact on your life as possible.

Criminal Arrest for Felony in Chandler AZ
A Chandler criminal arrest is not a conviction. By law you are innocent until proven guilty by the prosecution. You do not have to "prove" your innocence. The Prosecution has the burden of proving you are guilty of the charges. The arrest is just the beginning of the Criminal Stages in the criminal justice process. Chandler police and law enforcement agencies work very closely with the Arizona prosecution to egregiously prosecute felony offenses and get convictions. The best way to protect yourself and preserve your freedom is to hire a highly trained, qualified, proactive and experienced Chandler Criminal Attorney. Chandler AZ felony convictions usually carry steep jail and prison sentences. Depending on the DUI, drug or other criminal charges, you could face long term or life time incarceration in prison; exorbitant fines and fees; and a felony criminal record that will follow you for life in some cases..

Felony Laws, Conviction & Sentencing | Chandler, AZ charges
Chandler Arizona is governed by the laws of the State of Arizona. Criminal charges fall within any one or more of six classifications; with Class 1 being the most severe. A class one felony conviction carries the harshest punishments and longest prison sentences, in many cases life in prison. If convicted of a Class 1 felony, the term of the sentence is usually required to be served in state prison rather than in Maricopa County jail. The felony sentencing and term is dictated by the nature and severity of the criminal charges for which you were convicted. Each felony class includes a minimum and maximum range for the mandatory prison term which is decided by the judge. For felonies, a sentencing hearing date is scheduled following a guilty verdict. This date is set at some point in the future for example 30 days out. A good private criminal defense lawyer will continue to fight for your freedom. They will make sure that you are treated fairly, and work to get you the minimum sentence or attempt to negotiate court orders and sentencing that have the least impact as possible on your life. In many cases, it is too late to bring on board a private criminal defense attorney, if you have not already, because irreparable harm may have been done to your defense case. The key to a successful defense is early retention of your criminal defense attorney, especially in felony cases.

LAW OFFICE OF JAMES NOVAK
DUI & Criminal Defense Lawyer
(Former Prosecutor)
Free Consultation!
(480) 413-1499

Continue reading "Why you must retain good legal representation for your DUI or criminal charges scheduled in Arizona Superior Court." »

10 Facts you should know if you face Drunk Driving Charges in Maricopa County!

1. Maricopa County Drunk Driving charges are very serious. Maricopa County DUI Laws are governed by AZ State Law, which are some of the most harsh in the Country. A first time drunk driving conviction can expose you to severe penalties including jail time. Your best chance of getting your drunk driving charges dismissed is to hire a private practice Maricopa County criminal defense or DUI defense attorney.

2. Regardless of your DUI evidence, you have the right to challenge your DUI charges. It makes no difference how high your Blood Alcohol Content (BAC Level) was, or if this is your second or third DUI: You have the right to hire a private practice AZ DUI lawyer to defend you, and fight to get your charges dismissed.

3. The Maricopa County Prosecutor is not your friend.
Don't be fooled by a smile or approachable greeting from your prosecutor. Their mission is to convict you. If you find your self confronted out of formal court proceedings, by a Maricopa County Prosecutor, avoid discussing any matters related to your DUI drunk driving charges or any other personal matters. Otherwise they can use your statements against you. While they may appear friendly and professional, you must remember their job is to convict you of a criminal or DUI charges in Maricopa County. Be polite and respectful, but do not engage in any discussion regarding your Maricopa County drunk driving charges or otherwise unless the judge or your DUI Attorney has instructed you otherwise.

4. You have the right to remain silent...Use it. You do not want to unintentionally incriminate yourself and damage your DUI defense. Instead, acknowledge you are aware of your right to remain silent, until you are accompanied by or consult your AZ DUI attorney, and wish to exercise it.

5. Promptly attend all scheduled court appearances for your Maricopa County
drunk driving charges or you will face an arrest warrant. If you miss your court date or are late, the Judge has the authority to issue a "Bench Warrant", for your arrest due to your "Failure to Appear" (FTA) "A.R.S. 13-2506 Failure to appear in the second degree; classification and A.R.S. 13-2507 Failure to appear in the first degree; classification." The only time this is not the case, is if you have retained a private practice Arizona DUI lawyer, and either your AZ DUI defense lawyer or the Judge instructs you otherwise.

6. Following a Maricopa County DUI or Drunk Driving Charge, you will need to deal with two separate entities. First, is a civil matter with the Arizona Division of Motor Vehicle (DMV or MVD). A Maricopa County DUI charge may initiate the suspension of your drivers' license even before your court matter is complete. The second is criminal matter through the Arizona criminal justice system for the DUI charges.

7. If you hire a good private practice Maricopa County drunk driving defense lawyer, they will immediately begin tailoring and building a strong defense. A successful defense is one that begins well before your first scheduled court date. The more time you give your DUI lawyer to examine the evidence and build a defense, the greater your chances of getting the DUI charges dismissed. "Doing nothing" or waiting and hoping for the best, without hiring a Maricopa County DUI attorney, will get you a swift and severe conviction.

8. Without a strong private practice AZ DUI attorney defending you, the prosecution has an undisputed advantage. You may also be missing valuable negotiating opportunities through the proper legal channels. You could jeopardize your defense, by passing up opportunities to file early procedural or other substantial motions that could lead to a dismissal of your charges. There are no barriers between you and the Prosecutor, no one defending you, and no one to fight to protect your rights from unfair treatment and at an unfair disadvantage. Sound unfair? It is. But if can change the odds by hiring a good private practice DUI attorney.

9. If you decide not to hire a private practice Maricopa County DUI Defense attorney, you will be held to the same standard in the court room and process as if you were represented by an AZ DUI Attorney. You don't get any breaks by the court, by not hiring a private practice Maricopa County drunk driving lawyer. You will be held to the same standards as would otherwise your Maricopa County DUI lawyer. This includes complying with procedures protocol; attending conferences and court appearances; meeting deadlines; building and presenting a your defense case.

10. A good private practice Maricopa County DUI Lawyer will be prepared to make every effort to get your DUI charges dismissed. They will tailor, building, and presenting solid and compelling defense on your behalf. In some cases they may get your charges reduced to a less severe charge such as a civil traffic violation, get all or a portion of the evidence thrown out, to get the absolute best possible outcome in your case.

Continue reading "Drunk Driving Charges: Survival guide for a DUI Arrest" »

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

Preliminary Hearing
A Preliminary Hearing is the second phase of the AZ 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 Tempe AZ complaint or citation for your Tempe arrest. You should in consult and retain an experienced criminal defense or DUI defense attorney who defends charges in Tempe AZ 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 Tempe 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 Chandler DUI and Chandler criminal charges.

Continue reading ""What is a Preliminary Hearing?"" »

"You have the right to hire a Mesa criminal lawyer or Mesa DUI lawyer at almost every stage of your DUI or criminal case. And early retention increases the chances of getting your Mesa DUI Dismissed or other good outcome in your case."

The Importance of Hiring a Mesa AZ DUI or Criminal Lawyer Early
You can retain an Arizona Criminal Defense Lawyer at nearly every stage of a Mesa AZ DUI or criminal case. However, the best Mesa DUI and criminal defense lawyers would agree that the earlier you retain DUI Lawyer or criminal lawyer for your Mesa charges, the greater your chances of getting your Mesa DUI or criminal charges dismissed. Early retention of a Mesa AZ DUI or criminal defense lawyer is a one of the most important keys to a successful defense. Time gives your Mesa DUI attorney to gather evidence; protect your rights; build a successful defense strategy; file early motions; present compelling arguments to the court, prosecution or jury; and recognize and utilize the right time and processes to negotiate a dismissal of your charges.

At some mid to late stages in the DUI criminal justice process a good number of Mesa criminal lawyers or Mesa DUI attorneys will not accept your case. If you contact a private practice Attorney during mid or later stages of your case, they may not accept it. This is because due to their time demands, and heavy court or trial schedules, they feel it is too late to provide you with an effective defense. This generally occurs for the following reasons (reasons are not all inclusive):

• First off, don't be offended in the following scenario: You already have a public defender, or private practice attorney who has been handling your case. They you call another attorney, with no intention to hire a new attorney, and ask for a free consultation or to discuss your case. Ethically, 9 out of 10 attorneys will refrain from discussing your case. Among many other reasons, to do in most cases is unethical, and the attorney will refer you to discuss the matter with your current attorney.

• Often the prosecution and court have their minds made up about a plea offer that was made but unacceptable to you. It is not likely they can be persuaded to reduce the penalties just because you hired someone else. In fact they often times end up "digging their heels" further into the ground about the initial offer(s).

• You made admissions regarding your guilt, on record, either to the police, investigator, in court, deposition, or testimony, in response to the allegations against you. This may have jeopardized your defense case to the point that it can not be salvaged.

• You may have knowingly or unintentionally waived Rights you could have used for certain defenses that could have led to a dismissal of your charges.

• Consider it your best interest if a new private practice attorney refrains from taking your case, if they feel their intervention will not likely change the outcome at that point.

• Many Mesa DUI and criminal defense lawyers and law firms regulate their case loads. They may feel that it would be too labor intensive and time consuming to the point and would take away from time required to defend their current clients who signed on earlier, as well as their heavy court and trial schedules that exist. Their first obligations would be to them, to allow adequate time and resources to tailor and mount a successful defense.

• Your case or trial is over and did not have a good outcome, so you want to appeal the decision. Not all attorneys handle Appeal cases or provide post conviction services. Some handle limited cases, to those clients the previously served. However, there are trial lawyers who do them on a regular basis. It may just mean o looking a little further, or making a few more contacts to find them.

Remember to hire a Mesa criminal lawyer or DUI lawyer is, no different than being an employer. They work for you. However, Mesa DUI lawyer or criminal defense attorney also has the right refuse the job; thereby, refraining from handling your case.

If you prudently hire a private practice Mesa DUI Lawyer or criminal attorney early on, you will have a vast amount of defense Attorneys to choose from. You will easily find good legal representation at an affordable price, without looking too far. Most importantly, they will have adequate time to tailor, build and present a solid and effective defense case on your behalf.

Continue reading "DUI Defense: Why early retention of legal representation for a DUI is vital for defense." »

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

The best advise a good Mesa drunk driving lawyer can give you...

1. Arizona Drunk Driving charges are serious offenses. Due to strict AZ DUI Laws, a drunk driving conviction exposes you to severe penalties including time in jail or prison. If you choose not to hire a private practice Mesa criminal defense lawyer, you will most likely meet an early conviction with severe punishments. Your best shot at getting your DUI dismissed, is to retain a private practice AZ criminal defense attorney who defends DUI charges in Mesa on a regular basis.

2. The Mesa or Maricopa County Prosecutor is not your friend. After you are arrested in Mesa for drunk driving, the DUI charges are escalated to the Maricopa County Prosecutor for criminal processing. Take note, that if your paths should cross with the Prosecutor, do not discuss any personal or other matters related to you case. Some defendants who have fallen in the trap, and let their guard down, were surprised at statement they made to the prosecution were used against them. guard down. Although they may appear friendly and greet you with a smile, you must keep in mind, they have an important job to do...to convict you of a Mesa DUI charge. So if a conversation should ensue, be polite and respectful, but do not engage in any discussion regarding your Mesa drunk driving charges or otherwise. You have the right to remain silent. Use it. Otherwise, you may find that you incriminated yourself and damaged your DUI defense. Simply acknowledge you are aware of your right to remain silent, until you are accompanied by or consult your AZ DUI attorney, and wish to exercise it.

3. Be prompt, and attend all scheduled court appearances for your Mesa
Arizona drunk driving charges. If you miss your court date or are late the Judge may issue an immediate warrant for your arrest due to "failure to appear". The only time this is not the case, is if you have retained a private practice Arizona DUI lawyer, and they or the Maricopa County Judge instructs you otherwise.

4. Following your arrest for a Mesa 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 Mesa drunk driving lawyer, the will immediately begin your drunk driving defense. A successful defense begins well "before" your first scheduled court date. Note that doing nothing, or waiting in hopes of the best, without hiring a Mesa DUI attorney, gives the prosecution the advantage of having a case built against you, and leaving you with no shield of defense or preservation of your rights. You may also be missing valuable negotiating opportunities through the proper legal channels. Lastly, 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 Mesa DUI attorney, you will be held to the same standard of the court as if you were represented by an AZ DUI Attorney. You don't get any breaks by the court, by not hiring a private practice Mesa drunk driving lawyer. You will be held to the same standards as would otherwise your Mesa DUI lawyer. This includes complying with procedures protocol; attending conferences and court appearances; meeting deadlines; building and presenting your own defense. Criminal and DUI charges are dismissed every day do to violations of a defendant's rights, violations in police protocol, weak evidence, or other policies and procedures required by AZ Law. An experienced Mesa DUI Attorney, will be prepared to make every effort to get your DUI charges dismissed by tailoring, building, and presenting solid and compelling defense on your behalf.

Continue reading "Defense for Drunk Driving Charges: Even if good cause exists for a dismissal of your DUI charges, the prosecution will not move in your favor. More defense facts revealed:" »

"You have the right to hire a Mesa criminal lawyer or Mesa DUI lawyer at almost every stage of your DUI or criminal case. But the earlier you retain, the greater your chances of getting your Mesa DUI Dismissed."

The Importance of Hiring a Mesa AZ DUI or Criminal Lawyer Early
You can retain an Arizona Criminal Defense Lawyer at nearly every stage of a Mesa AZ DUI or criminal case. However, the best Mesa DUI and criminal defense lawyers would agree that the earlier you retain DUI Lawyer or criminal lawyer for your Mesa charges, the greater your chances of getting your Mesa DUI or criminal charges dismissed. Early retention of a Mesa AZ DUI or criminal defense lawyer is a one of the most important keys to a successful defense. Time gives your Mesa DUI attorney to gather evidence; protect your rights; build a successful defense strategy; file early motions; present compelling arguments to the court, prosecution or jury; and recognize and utilize the right time and processes to negotiate a dismissal of your charges.

At some mid to late stages in the DUI criminal justice process a good number of Mesa criminal lawyers or Mesa DUI attorneys will not accept your case. If you contact a private practice Attorney during mid or later stages of your case, they may not accept it. This is because due to their time demands, and heavy court or trial schedules, they feel it is too late to provide you with an effective defense. This generally occurs for the following reasons (reasons are not all inclusive):

• First off, don't be offended in the following scenario: You already have a public defender, or private practice attorney who has been handling your case. They you call another attorney, with no intention to hire a new attorney, and ask for a free consultation or to discuss your case. Ethically, 9 out of 10 attorneys will refrain from discussing your case. Among many other reasons, to do in most cases is unethical, and the attorney will refer you to discuss the matter with your current attorney.

• Often the prosecution and court have their minds made up about a plea offer that was made but unacceptable to you. It is not likely they can be persuaded to reduce the penalties just because you hired someone else. In fact they often times end up "digging their heels" further into the ground about the initial offer(s).

• You made admissions regarding your guilt, on record, either to the police, investigator, in court, deposition, or testimony, in response to the allegations against you. This may have jeopardized your defense case to the point that it can not be salvaged.

• You may have knowingly or unintentionally waived Rights you could have used for certain defenses that could have led to a dismissal of your charges.

• Consider it your best interest if a new private practice attorney refrains from taking your case, if they feel their intervention will not likely change the outcome at that point.

• Many Mesa DUI and criminal defense lawyers and law firms regulate their case loads. They may feel that it would be too labor intensive and time consuming to the point and would take away from time required to defend their current clients who signed on earlier, as well as their heavy court and trial schedules that exist. Their first obligations would be to them, to allow adequate time and resources to tailor and mount a successful defense.

• Your case or trial is over and did not have a good outcome, so you want to appeal the decision. Not all attorneys handle Appeal cases or provide post conviction services. Some handle limited cases, to those clients the previously served. However, there are trial lawyers who do them on a regular basis. It may just mean o looking a little further, or making a few more contacts to find them.

Remember to hire a Mesa criminal lawyer or DUI lawyer is, no different than being an employer. They work for you. However, Mesa DUI lawyer or criminal defense attorney also has the right refuse the job; thereby, refraining from handling your case.

If you prudently hire a private practice Mesa DUI Lawyer or criminal attorney early on, you will have a vast amount of defense Attorneys to choose from. You will easily find good legal representation at an affordable price, without looking too far. Most importantly, they will have adequate time to tailor, build and present a solid and effective defense case on your behalf.

Continue reading "Criminal Defense Legal Representation: Reasons you should not delay retaining a criminal attorney to defend your DUI charges" »

How some of the best DUI lawyers in Arizona get Arizona Felony DUI charges dismissed
AZ Felony DUI

If you have been charged with a felony DUI in Arizona, you will need to hire an experienced Arizona Felony DUI defense attorney in the municipality where you were arrested or received the charges. These charges are also known as "aggravated DUI charges". You have the right to hire an AZ DUI Lawyer to defend your charges. A good AZ criminal defense lawyer can often get your felony drunk driving charges dismissed or in the alternative get charges and sentencing reduced to have the least adverse impact on your life.

AZ DUI Penalties - Felony DUI / Aggravated DUI
Arizona Felony DUI convictions have higher penalties, increased incarceration of that than a misdemeanor DUI. Penalties may include but are not limited to 4 months or more in Arizona prison; revocation of your driver's license; large fines and fees; ignition interlock device installation in your vehicle at your expense; screening for admittance into a mandatory drug or alcohol treatment inpatient or outpatient program including counseling; probation; and a felony on your criminal record that will follow you for years into the future.

AZ Misdemeanor DUI vs. Felony DUI in Arizona
A large number of DUI charges in Arizona are classified as misdemeanors. A misdemeanor DUI in Arizona escalates to a Felony DUI when the following factors exist and surround your AZ DUI charges:
• The DUI is your third or more within the last seven years;
• You were arrested for DUI while driving on a suspended, revoked or restricted driver's license'
• You were arrested for DUI while driving with a minor age 15 or younger.
• The DUI involved an auto accident with serious injuries or fatality

Defending AZ Felony DUI - Aggravated DUI Charges
The best DUI attorneys or Arizona criminal defense lawyers will examine the following evidence and explore all avenues for challenging the prosecution's case for your AZ felony or aggravated DUI charges *Note, this list not all inclusive and some may or may not apply in every situation:
• Reasonable suspicion of the traffic stop
• Determine the probable cause of the felony DUI arrest
• Validity of any sobriety tests taken
• Qualifications of the arresting officer
• Accuracy of chemical test (blood draw or urine sample).
• Errors or violations of required protocol for blood or urine testing, processing, storage, labeling or transport;
• Accuracy of breathalyzer test results;
• Examination of Calibration, documented records for the breathalyzer machine's prior repairs, as well as routine maintenance;
• Outside factors that existed and had potential to effect validity and accuracy of breathalyzer, or chemical testing results;
• Inadmissibility of any portion or all of the evidence the prosecution intends to use against you;
• Violations of your Constitutional Rights including but not limited to the following: failure of police to give you a second sample for your defense, unwarranted search and seizure of you or your vehicle, failure to let you contact your AZ DUI lawyer at your request and earliest convenience; unnecessary use of force or intimidation.

Felony DUI Attorney in Arizona
After your AZ DUI Lawyer or AZ criminal defense attorney has gathered and examined all the facts, they will determine the course of the best defense strategies to mount. They will present compelling arguments, and appropriate motions that apply in your favor to suppress evidence, reduce charges, or ultimately get your AZ DUI felony charges dismissed.

Continue reading "Defenses for Aggravated DUI (Felony DUI)" »

Why You Need a Good Criminal Attorney to represent you at your Preliminary Hearing in Mesa AZ

Preliminary Hearing
Preliminary Hearings are usually held for non-indictment Felonies. A preliminary Hearing is next proceeding in through the Mesa AZ criminal justice system following your Initial Court Appearance. It is the court date, time and location given to you following your Mesa AZ arrest. It is important that you consult and retain an experienced criminal defense or DUI defense attorney who defends charges in Mesa AZ a regular basis and is familiar with Mesa Court protocol, your rights, and defenses. The preliminary Hearing is held before a court commissioner in the Regional Court Center (RCC).

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 Criminal Defense Attorney
The prosecution can present witnesses and evidence against you at this hearing. And your Attorney can present evidence exculpatory evidence (evidence in your favor), as well as challenge the prosecution's evidence against you if there is legal basis to do so.
Less evidence is needed at this proceeding than a trial. However, be aware that there may be enough 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 Mesa 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.

Waiving a Preliminary Hearing
A preliminary hearing can be waived completely if the Prosecution, your criminal defense Attorney and You 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 avenues.

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 Mesa DUI and Mesa criminal charges.

Continue reading "The Purpose of a Preliminary Hearing; and why you should have qualified legal representation for it" »

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

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 Arizona complaint or citation for your Arizona arrest. You should in consult and retain an experienced Arizona criminal defense or DUI defense attorney 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 Arizona 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 Arizona Superior Court Judge for further proceedings and setting a date for trial.

If Your Arizona 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 Arizona criminal defense or DUI attorney.

Continue reading ""What is a Preliminary Hearing?"" »

"You have the right to challenge your Mesa DUI, no matter what the circumstances. Your chances of getting your DUI charges dismissed increase significantly if you hire a top Arizona DUI Lawyer who frequently defends DUI Charges in Mesa, AZ."

Arizona sentencing and penalties for a conviction of a Mesa DUI (driving under the influence) or Mesa DWI (driving while intoxicated) conviction depend mostly on two factors:
1) the type of DUI you were arrested or charged for.
2). and whether or not you have a prior DUI or other criminal history.

If you face any type of DUI or DWI charge in Mesa, AZ should consult a Mesa AZ DUI Lawyer or Criminal Lawyer who defends DUI or criminal charges often in Mesa AZ Court. You should ask to speak directly with the attorney, not a sales representative or screener. In order to assist you with your questions, the AZ DUI attorney will need to know the type of DUI you with charged with and any prior DUI or criminal record you have, if any.

Types of Mesa AZ DUI - DWI Charges That May Apply
• Impaired to the Slightest Degree or BAC above .080 (first offense)
• Impaired to the Slightest Degree or BAC above .080 (second offense)
• Extreme DUI BAC .150 -.199 (first offense)
• Extreme DUI BAC .150 -.199 (second offense)
• Super Extreme DUI BAC .200 or higher (first offense)
• Super Extreme DUI BAC .200 or higher (second offense)
• Class 4 Felony Aggravated DUI - the result of 3rd DUI in 7 years or DUI while driver's license was suspended or restricted.
• Class 6 Felony Aggravated DUI - the result of DUI with child under 15 years of age in the vehicle.

DUI "with a prior" DUI, or other prior Criminal Convictions
Any Mesa AZ DUI or Mesa AZ DWI is serious. All DUI convictions include mandatory jail sentences among additional penalties. A Mesa DUI "with priors" or an existing criminal record will result in a more severe sentencing if convicted.
A previous DUI is considered "a prior" if it occurred within the last 7 years or 84 months regardless of what state it occurred.

Mesa AZ DUI Penalties
Mesa DUI classifications, sentencing and penalties are governed by the State of Arizona DUI laws. Depending on the circumstances, the judge usually has authority to add additional punishments on top of the mandatory penalties as they deem appropriate.
The penalties are referenced in detail and described for each violation at "azleg.gov/ArizonaRevisedStatutes... under the following citations: "Article 3 Driving Under the Influence 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification 28-1382 Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification 28-1383 Aggravated driving or actual physical control while under the influence; violation; classification; definition..."
Mesa AZ is has a reputation for being one of the toughest cities in Arizona to get a DUI. Their police force is highly trained and committed to prosecuting DUI charges.

Any Mesa DUI or DWI conviction will expose you to the following minimal penalties:
• Mandatory Jain in Jail
• Fines, Fees, Costs,
• Mandatory Installation of an Ignition Interlock Device installed in your vehicle (at your expense), for a court ordered amount of time.
• Alcohol and or drug screening which may result in mandatory participation in a certified counseling, or treatment program.

Mesa AZ Felony DUI
A Mesa AZ felony DUI also known as "aggravated DUI" conviction carries much more severe penalties. These usually include extended incarceration in jail or prison, depending on the circumstances in your case. They also include higher fines, fees, and costs, probation, among other penalties.

Mesa DUI Lawyers and the need for DUI Defense Mesa AZ
If you were arrested for a Mesa DUI, does not automatically mean you will be found guilty or convicted, no matter how high your BAC or other circumstances surrounding the charges. You have a constitutional right to defend your DUI charges. You also have the right to defense counsel. The best Mesa AZ DUI lawyers will fight to get your Mesa DUI charges dismissed, reduced sentence/penalties, or an otherwise better outcome in your case.

If you wish to fight your Mesa DUI and have a chance at getting your charges dismissed, you will need to hire an experienced Mesa AZ DUI Lawyer who often defends DUI and criminal charge in Mesa AZ Court. In the meantime, you do not want to do or say anything that will harm your case. Remain silent, and respectfully request to speak with an attorney first. Let them know that you will answer the questions and remain in compliance as long as your DUI attorney is present. Your attorney will provide defense, and make sure you do not say or do anything that will incriminate or harm your defense case.

Continue reading "Types of DUI charges and sentencing guidelines" »

HOW TOP DUI ATTORNEYS USE BLOOD TEST RESULTS TO DEFEND DUI CHARGES IN ARIZONA

Arizona DUI Drug Charges and Arizona DUI Defense
Good Arizona DUI lawyers know what defenses to use given an individual set of DUI circumstances. The primary test for the existence drugs in a driver's system is blood testing. Urine testing is also used in some cases, depending on the circumstances. Even if the test results are positive for drugs or even at a high level, don't lose hope. High rated criminal defense attorneys and DUI lawyers know how to challenge this evidence. If there are flaws, violations in procedure or protocol of the testing, storage, transport or more, an effective Arizona DUI defense Attorney will know how to challenge it.
Below are just a few defense tactics used for DUI lawyers in Arizona This list is not all inclusive:

THE BLOOD OR URINE SAMPLE IMPROPERLY LABELED
Was your blood or urine sample properly labeled by authorized personnel?
If the sample did not have the correct labeling, then it can be challenged as to whether or not the sample is in fact yours, as well as other violations that may exist with regard to handling of the sample.

BLOOD DRAW ARM CLEANING
When the police or hospital worker prepare you arm for the blood draw did they use an approved non-alcoholic cleansing agent or was the sample tainted form an improper cleaning agent?
If not this evidence may be suppressed.

POLICE BLOOD TEST INACCURATE
Was blood testing protocol and procedures followed to draw, test, analysis, and preservation followed?
Many times the personnel conducting the blood test may fail to follow prescribed rules of testing, analysis, or preservation recommendations. Blood evidence can often be challenged, suppressed, in the event of any such deviation or violations of proper handling.

HOSPITAL BLOOD TEST INACCURATE
Did the hospital follow practices needed for a valid blood tests draw and results needed to arrest and convict a defendant?
Busy hospitals are not law enforcement agencies and do have to comply with policing authorities to prosecute DUI defendants. The medical guidelines and criteria adhered to by the hospital may be different than are needed to arrest and convict someone for DUI. Their medical protocol and procedures may be different from a medical standpoint to meet their own medical governing agency guidelines, not criminal authority guidelines. They are set-up for medical treatment and testing, not for arrests and crime convictions. This includes chain of custody, training to conduct blood draw on a person, and knowledge and experience of recognizing chemicals that would not taint the sample and cause an improper alcohol reading for conclusion used for DUI arrests and convictions.

PRESERVATION OF THE BLOOD SAMPLE
Was your blood sample preserved properly?
The preservation process can be an issue. The blood vials must have been stored properly prior to its use. The blood vials must not be used beyond the expiration date. The blood vials must be preserved in order to provide your defense attorney with the opportunity to test the sample with an independent lab for purposes of objectivity in your defense.

THE URINE SAMPLE COLLECTED WAS IMPROPERLY TESTED
Was your urine sample properly tested?
The urine taken for drug testing must also be properly tested according to required testing procedures and protocol, for handling, transport, labeling, and preservation, including the containers for which the urine specimen is stored.

DUI Defense Lawyers in Arizona
The first thing you should do after being arrested or charged with a DUI is call an experienced AZ DUI lawyer to discuss your charges and defense options. Knowing the defenses and utilizing them are very different. Make sure the DUI attorney you hire is well versed and examining all aspects surrounding blood and urine sample and can present compelling arguments on your behalf if flaws or weaknesses exist. Be sure when your blood is drawn or urine sample taken that you request a second sample be drawn for your defense attorney. Your Arizona defense attorney often has the blood retested by an independent lab to determine if the results are consistent with what the police obtained. And your Arizona DUI defense will also investigate the areas described above to determine if there are weaknesses or flaws that caused the prosecutions results to be inaccurate. If so, it may lead to the evidence being suppressed, charges reduced, or a complete dismissal of charges.

Continue reading "Defenses for DUI and Drug Blood Test Evidence" »

Why You Need an Experienced Criminal Defense Attorney to represent you at your Preliminary Hearing in Phoenix Metro AZ

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 Phoenix Metro AZ complaint or citation for your Phoenix Metro AZ arrest. You should in consult and retain an experienced criminal defense or DUI defense attorney who defends charges in Phoenix Metro AZ 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 Phoenix Metro AZ 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 Phoenix Metro AZ DUI and Chandler criminal charges.

Continue reading "The purpose of a Preliminary Hearing for DUI or criminal charges" »

"Hiring the best AZ DUI lawyer that you feel is right for you will drastically increase your chances of getting your DUI charges dismissed "

The penalties for an AZ DUI or AZ DWI conviction depend primarily on two factors. They are 1) The type of DUI for which you were charged and 2) Prior DUI convictions or other criminal record. If you were arrested for an AZ DUI you should consult an AZ DUI Lawyer or Criminal defense attorney who defends DUI charges in Phoenix AZ, to discuss you case and defense options. They will need to know what type of DUI you were charged with, and your prior Criminal or DUI conviction history in order to help you further.

Types of AZ DUI Charges and AZ DWI Charges
1) Impaired to the Slightest Degree or BAC above .080 (first offense)
2) Impaired to the Slightest Degree or BAC above .080 (second offense)
3) Extreme DUI BAC .150 -.199 (first offense)
4) Extreme DUI BAC .150 -.199 (second offense)
5) Super Extreme DUI BAC .200 or higher (first offense)
6) Super Extreme DUI BAC .200 or higher (second offense)
7) Class 4 Felony Aggravated DUI - the result of 3rd DUI in 7 years or DUI while driver's license was suspended or restricted.
8) Class 6 Felony Aggravated DUI - the result of DUI with child under 15 years of age in the vehicle.

Prior AZ DUI - DWI Convictions or Criminal History
Any Arizona DUI or DWI is serious and carries mandatory jail sentences in addition to other penalties. AZ DUI with priors or an existing criminal history will result in for severe sentencing if convicted.

A previous DUI is considered "a prior" for purposes of sentencing if it occurred within the last 7 years or 84 months regardless of what state it occurred.
Phoenix DUI Penalties

At the very least all AZ DUI convictions carry sentences which include:
• Mandatory Jail
• Fines, Fees, Costs,
• Ignition Interlock Device installed in vehicle
• Screening and participation in alcohol/dug counseling or treatment program.
An aggravated or felony DUI charges carry the most severe penalties. These usually include extended incarceration, higher fines, fees, and costs, probation, among other penalties.

Phoenix DUI Lawyers and your AZ DUI Defense
Your freedom and future are at stake are high if you are charged with any Arizona DUI. It is important that you hire a qualified and experienced AZ DUI Lawyer to defend you and who regularly DUI charges or DWI charges in Phoenix AZ. A good AZ DUI lawyer will defend you through every phase of the Arizona criminal justice process. It is overwhelming and traumatic for most people to endure without an AZ DUI defense lawyer who defends DUI charges in Arizona on a daily basis. An experienced AZ DUI lawyer will gather, examine, & challenge the evidence if possible. They will build and present compelling legal defense arguments on your behalf. Attempting to defend yourself through the Arizona criminal court systems, without the defense of a qualified Phoenix DUI lawyer will result in a fast track DUI conviction. In fact, you will be doing the AZ prosecution a favor. It makes the prosecution's job easier if you do not have a AZ private practice DUI attorney defending you.

Hiring the best AZ DUI lawyer that you feel is right for you will drastically increase your chances of getting your DUI charges dismissed, reduced or an otherwise much better outcome in your case.

Continue reading "Penalties for DUI Conviction: Considerations in Sentencing by the Court" »

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 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" »

"A good Arizona Felony DUI lawyer educates the court on your defense, file motions, and present compelling arguments in your behalf throughout the Arizona Criminal Justice System. Top Felony DUI attorneys' goal is to get your Felony DUI dismissed, reduced, or otherwise best possible outcome in your case."

Felony DUI Court Process in Arizona
Arizona Felony DUI charges in Maricopa County are handled in the Superior Court. Each county has its own superior court. While the courts generally all follow the same procedures, the names of the hearing and the rules may vary by county. Generally the following apply to Arizona felony DUI cases:

1) Grand Jury Indictment
Felony criminal and DUI charges require a finding of "probable cause". In some cases, probable cause is found by a grand jury. A grand jury is a group of fifteen citizens who are presented evidence by the prosecutor. The grand jury must then decide whether or not there is probable cause of the alleged crime by the accused. At least 9 grand jurors must find that there is probable cause. This is a secret proceeding and the defendant and DUI defense attorney are not entitled to attend. Because of the one-sided nature of this hearing, there are special rules that require the prosecutor to make a fair presentation to the grand jury.

2) Initial Appearance
The initial appearance is generally the first hearing at which the defendant appears in court. It is a brief hearing where the defendant is informed of the charges against them. If arrested, release conditions, if applicable are provided by the judge.

3) Preliminary Hearing
A preliminary hearing is an alternative to a grand jury indictment. At the preliminary hearing the prosecutor presents evidence to the judge in open court. The defendant and Arizona DUI defense attorney are present and the DUI defense lawyer usually cross-examine the state's witnesses such as the police officer. The defense attorney may present its own witnesses. The judge will then determine whether or not probable cause exists. If there is no finding of probable cause, the charges against you for Felony DUI charges are then dismissed.

4) Arraignment
The purpose of the Arizona arraignment is to advise the defendant of the charges for which probable cause were found. It is at this time that the defendant enters a plea of guilty or not guilty. When a case is charged by a grand jury, the arraignment often takes place at the same time as the initial appearance.

5) Pre-Trial Conference
It is during the pre-trial conference that the defense attorney and prosecutor inform the judge the status of the case and any outstanding issues that require resolution by the judge. In some courts, a case that is not resolved by the time of the pre-trial conference may automatically be set for trial. Just because a case is set to trial does not mean it is actually going to go to trial. The Arizona DUI defense attorney may still be investigating the case and negotiating with the prosecution regarding any resolution.

6) Oral Arguments and Evidentiary Hearings
If there is an issue of law that must be decided by the judge a hearing will be requested and set for the judge to hear the arguments regarding the issue. This is an opportunity for the judge to ask the attorneys questions regarding their legal positions. It is also an opportunity for the judge to hear the testimony of witnesses which may be necessary to resolve the legal issue in question.

7) Pre-Trial Management Conference I
The parties are unable to negotiate a resolution of the case, and then it is set for a trial. Many, but not all, courts set a pre-trial management conference approximately one week prior to the trial date. It is during the pre-trial management conference that the Arizona DUI defense attorney and the prosecutor can discuss any last minute issues with the judge.

8) Trial
In Arizona, a person accused of felony DUI is entitled to a trial by a jury of eight to twelve people depending on the offense charged. During a jury trial, the judge makes decision regarding legal questions and the jury makes decisions regarding factual issues. It is the jury who decides whether the prosecutor has proven guilt beyond a reasonable doubt and you are guilty of the charges or not.
A felony DUI trial usually takes 3 to 5 days, although a case could be much longer depending on the issues and the number of witnesses. The jury's decision, whether guilty or not guilty, must be unanimous. It is all or nothing. If the jury is unable to reach a unanimous decision, then the judge will declare a mistrial. If a mistrial is declared, the case will be reset for a new trial.

9) Sentencing
If a person accused of an Arizona felony DUI is found guilty by a jury or guilty by a negotiated plea agreement the matter will be scheduled for a sentencing hearing. Usually sentencing takes place approximately 30 days after the finding of guilt. Prior to sentencing the defendant will meet with a probation officer who will prepare a pre-sentence report for the judge. The pre-sentence report gives the judge background information about the defendant and makes a sentencing recommendation to the judge. Sentencing is an opportunity for both defense and prosecution to present to the judge what they believe to be an appropriate penalty. The judge will then make a ruling and issue a sentencing order. The judge will then make a ruling and issue a sentencing order.

Arizona Felony DUI Defense ׀ Criminal Defense Attorney
Being arrested for a Felony DUI in and of itself is traumatic. But dealing with the aftermath is even more devastating. A good Arizona criminal Attorney will walk you through the maze of hearings, conferences, and protocol. High rated Felony DUI attorneys in Arizona will be your voice, and make sure your story is told, that you are being treated fairly, and do everything possible to assure that the Felony DUI charges have the least possible adverse effects on you as possible.

A good Arizona Felony DUI lawyer educates the court on your defense, file motions, and present compelling arguments in your behalf throughout the Arizona Criminal Justice System. Top Felony DUI attorneys' goal is to get your Felony DUI dismissed, reduced, or otherwise best possible outcome in your case.

Continue reading "DUI Felony Case Stages: Rules of Criminal Procedure" »