Arizona Criminal Defense Attorney Blog
“No Probable Cause to Arrest”
If the Phoenix police did not have “probable Cause to Arrest” the arrest was unlawful. An illegal arrest can lead to a dismissal of your Criminal or DUI charges
If you are arrested in Phoenix AZ for a DUI or Criminal charge, an experienced Phoenix DUI or Criminal Defense Attorney will tell you that the burden of proof is shifted to the police to justify probable cause. This standard is a higher level, or more difficult to achieve, than that of t and more strict than “reasonable suspicion” to stop, as for example in the case of an AZ DUI stop. You should consult an Arizona criminal defense or DUI attorney as soon as possible to discuss your options and defenses.
If it is determined that no probable cause existed for your Phoenix Arizona Arrest then the arrest was in violation of your constitutional rights, the DUI or criminal charges resulted from an unlawful arrest and should dismissed. This constitutional right is part of the Fourth Amendment of The United States Constitution. This defense is used frequently in the case of “search and seizures” of property or person related to drug, alcohol, or other suspected criminal activity by the police.
If you hire a good criminal defense or DUI attorney who practices frequently in Phoenix AZ, they will immediately begin to gather and examine evidence on your case. If the attorney finds feels there was no justifiable “Probable Cause to Arrest” you, then an evidentiary hearing will be requested to challenge this critical weakness by the Prosecution. Sometimes the evidence the officer used is of a subjective nature making it more easily challenged. The prosecution will generally argue its case at that time for the state. If necessary your criminal defense attorney or DUI lawyer will draft and file a motion to dismiss your charges completely for prior to your DUI or criminal charge arrest Put simply, if the judge rules there was “no probable cause for arrest”, then any and events that occurred after then is to be considered irrelevant. This usually leads to a case dismissal of the charges.
Good Phoenix Criminal Attorney never underestimates the power details you provide and identifies crucial defenses on your behalf from many of those details. Make sure you hire a Criminal Defense Attorney who practices frequently in Phoenix Arizona, who has a great amount of defense and litigation experience, and with whom you have an open and frequent line of communication. The sum of these factors can lead you to a total case dismissal, reduction of charges or the best possible outcome in your case.
If you have been arrested for any Phoenix, AZ DUI other criminal charge 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 to handling 100% DUI, Drug & criminal cases in Phoenix and Maricopa County valley-wide.
This post was intended to provide general information only and 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 circumstance.