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.

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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.

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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" »

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.

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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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What to Expect at a Pre-trial Conference (PTC)

Criminal Law- Arizona Criminal Defense Attorneys

At aPre-trial Conference, your Arizona Criminal Defense Attorney will discuss your case with the prosecution. During the Pre-trial Conference he or she will attempt to negotiate the best possible plea bargain for your Arizona DUI or Arizona Criminal Defense Case. The Pre-trial Conference usually takes place about 6 weeks after your arraignment. The date is agreed upon by your AZ Criminal Defense Attorney and the Arizona Court's calendar. There are typically 2-3 pre-trial hearings.

If a plea bargain is offered and outlined, your attorney should discuss the deal with you and explain the consequences, the benefits or drawbacks of the plea bargain. A plea bargain may also be referred to as "plea negotiations". They may include bargaining for such outcomes:

(1) Alternative available to the prosecution such as certain alcohol, drug diversion,
or participation in anger management programs
(2) A reduction in the severity of the charges or sentencing
(3) Dismissal of some or all of the charges pending against the defendant
(4) Sentencing alternatives such as probation, home arrest, or other less severe
alternatives in an effort to avoid incarceration

Note, at the Pre-trial Conference, witnesses do not attend, and no testimony is taken. You are not required to discuss the facts of your case with the Prosecutor. Since anything you say to them could be used against you in further proceedings, it is best not to discuss you case at all. That is why it is extremely important that you consult and retain an experienced Arizona criminal defense attorney or Arizona DUI Lawyer. If it is acceptable and you agree, a trial is avoided. However, if a trial date is set, that does not necessarily mean there will be a trial. Your Arizona Criminal Attorney should continue to work your case, investigate, and examine the evidence, along with other options toward getting you the best outcome of your case before your set trial date. In most cases it is best to make every effort to avoid trial due to the labor intensive cost of a trial, but most of all because of the uncertainties of involved in jury decisions. You want to avoid
the possibility of a worse outcome from a jury verdict if possible.

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Criminal Law - Arizona Criminal Defense

Your Arizona arraignment is the date will appear on your ticket, and is usually set about 30 to 60 days after your criminal offense or DUI arrest. If you have an Arizona Criminal Defense Attorney, and are not on bond, you do not have to appear. A Good Arizona DUI Attorney or DUI Lawyer will take care of the first court date, so that you do not have to appear. The purpose of the arraignment is to mainly advise you of your rights, and give you the opportunity to respond your attorney will be able to give you that information and provide a response on your behalf to the court. If you do not have an attorney, you must appear at the arraignment. If you do have an attorney, confirm with your attorney that you will not be required to attend. In most all cases, your Phoenix DUI Lawyer or Arizona Criminal Defense Attorney will submit on your behalf a "not guilty" response, notice of defenses, and notice of their legal representation on of your case.

There are three possible responses to an Arraignment:

1. Guilty Plea**
2. Not Guilty Plea
3. No Contest plea** - In short, it means you do not refute the charges, but also you do not claim guilt for the charges. Specifically, a plea of "No Contest", (also known as "Nolo Contendere,") simply means that you do not wish to contest the State's charge (s) against you. It is important to know, however, that according to Arizona State Laws, upon a plea of "No Contest", the Judge will enter a judgment of guilty. If you enter a plea of "Guilty"** or "No Contest"**, you may still be sentenced immediately following the Judge's acceptance of your plea.

In Arizona, if you or your Arizona Criminal Defense Attorney does not enter a plea on your behalf, then a plea of "not guilty" will be entered for you by the court. If you do not have an attorney, you must be at the arraignment. If you are out-of-custody, you must show up in person and on time. If you fail to show up or have an attorney file the appropriate response a warrant will be issued for your arrest. You will receive a copy of the indictment. Remember, "not guilty" is an appropriate plea and response since you since you have a constitutionally right remain silent and to a presumption of innocence and it is the State's responsibility to prove you are guilty.

Procedurally, when a plea of "not guilty: is entered, you or your Arizona Criminal Defense Criminal Attorney will get a "pretrial conference date" which will be outlined in greater detail in a near future article.

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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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