Criminal Law Article by: James Novak, Arizona DUI & Criminal Defense Attorney
As a citizen you have certain protected constitutional rights both under Federal and Arizona State Law. The fact that you were arrested does not change that. In fact, your constitutional rights were violated before, during, or after your arrest, a good DUI or criminal defense attorney will present a compelling argument that could lead to a dismissal of your criminal or DUI charges in Arizona, a reduction of charges, or evidence against you suppressed. Below at least 5 constitutional rights, that if violated by the Arizona Police or law enforcement agency that will effect the outcome of your case and weaken the ability for the prosecution to convict you of a crime or DUI charges:
1) Failure to Read your Miranda Rights: The police must read your Miranda Rights, sometimes known as Miranda warnings, at the time of your arrest. If they did not, the Arizona Prosecutor may not use the statements as evidence against you that you made while you were in custody.
2) Improper Stopping of your Vehicle for Documents Check: Unless a DUI stop
was at a pre-arranged DUI sobriety checkpoint in Arizona, the police must have a legal, justified reason to stop you and ask for your Driver’s License and Auto Registration. An actual traffic violation or valid suspicion that a crime is in progress or was committed must exist for the police to stop and ask for these documents.
3) Stopping your Vehicle for a Misperceived Violation of the Law: It is not uncommon for a driver to complete a driving maneuver that was safe and legal, but the police officer did not believe it was. Police can make mistakes too. The officer’s interpretation of the law must be correct regarding that particular driving action. The traffic signals, street signs, barriers, and lane markers must comply with the Manual for Uniform Traffic Control Devices.
4) Illegal Search: The police must have a justifiable reason to search you or your vehicle. They are prohibited from searching a person or auto for a minor traffic violation without your consent. Otherwise a search warrant is required by the officer. Evidence found illegally, without your consent or search warrant can be suppressed by an experienced AZ DUI or Criminal defense attorney. By filing the proper motions and presenting compelling argument on your behalf, the evidence may be suppressed or charges dismissed.
5) Denial of your Right to Counsel: You must not be denied or unjustifiably delayed the right to defense counsel in absence of a valid reason. If you were arrested, the police must allow you the opportunity at the earliest possible time to consult with an Arizona DUI or criminal defense attorney. Otherwise, this could lead to evidence being suppressed or charges dismissed.
For more criminal defense or DUI defense tips, free videos, and free dui defense books, visit http://www.arizonacrimialdefenselawyer.com
If you have been arrested in Maricopa County for AZ DUI other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Phoenix, Mesa, Tempe, Scottsdale, Chandler, Tempe, Gilbert Arizona and surrounding cities.
This article is intended to provide general information only, to generate discussion, and increase awareness of a particular topic. It is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.