Articles Posted in Criminal Court Process

Arizona Supreme Court clarifies standards for determining if a fundamental and prejudicial error occurred at trial.

Drug-Courier-Proling-Laws-Criminal-Defense-Attorney-Mesa-AZ-150x150The U.S. Supreme Court has long held that when the prosecution uses drug courier profiling evidence mainly as a way to prove guilt, it violates a person’s constitutional right to a fair trial.

While police can use drug courier profiling evidence to establish reasonable suspicion for purposes of stopping someone to investigate a crime, this evidence cannot be used at trial largely to prove they are guilty.

This is because by doing so, the defendant is essentially prosecuted for the conduct of others, rather than that of the defendant.

How to Protect Your Rights in a Plea Bargain and Deferred Prosecution

If you have criminal charges, it is likely that you will be faced with the decision of whether or not to take your case to trial.  As an alternative to trial, you may be offered a plea deal.  In some cases the prosecution can offer participation in a deferred prosecution program if it is available for certain types of criminal charges.

Last year Maricopa County Superior Court reported that of 99.8 percent of terminated criminal cases, only 2.2 percent went to trial.

The United States Sentencing Commission (USSC) reported similar statistics in 2016.   The USSC reported 97.3 percent of criminal cases were resolved without trial, while only 2.7 percent went to trial.

Criminal Rights and Exceptions of Right to Counsel

A person’s rights to counsel can be found in the State’s Rules of Criminal Procedures; The US Constitution 5th and 14th Amendment; the Arizona Constitution; and Under Arizona Criminal Code A.R.S. 13-114. This segment focuses on the Rules of Criminal Procedure in Maricopa County.

Arizona Rules of Criminal Procedure – Right to Counsel

Rules 6.1 (a.) & (c.) entitle a defendant to be represented by counsel in DUI and criminal proceedings. However, they are not entitled to counsel if the offense has no possibility of resulting in jail or prison if they are found guilty.

A defendant may waive their right to counsel at any time.

Arizona Rules of Criminal Procedure – Withdrawal of Waiver of Right to Counsel
Rule 6.1 (e.) allows for a person who previously waived their right to counsel, to also withdraw their waiver of right to counsel, at any time.

There is one exception to withdrawing a waiver of right to counsel at any time: A person is not entitled repeat a proceeding, they previously waived their right to an attorney, on the sole ground that they were unrepresented.

When Legal Counsel is Necessary

Defense services of qualified legal counsel are needed in all stages of criminal proceedings, that expose a person to jail or prison, if they are found guilty of the charges. These stages include:

• Pre-trial Services;
• Trial Representation;
• Sentencing
A person should also consider hiring a lawyer to represent them in pre-indictment cases, when a suspect is being investigated for serious charges, but has not yet formally been charged.

Legal Representation for DUI and Criminal Charges in Mesa AZ

It is unwise for a person to waive their right to legal counsel for DUI or criminal charges in which a person may be exposed to incarceration in jail or prison if found guilty. If a person moves forward with criminal proceedings unrepresented, irreversible harm can result in their case, and their defense may be compromised.

A defendant should always retain an attorney as early as possible in order to preserve all rights and defenses that may be used in the future to challenge or defend the charges.

If a defendant has jeopardized use of defenses, waived rights, or provided self-incriminating testimony, an attorney generally can’t undo the damage that has been done. They can’t go back and abolish the proceeding on the sole basis that the defense was compromised as a result of the defendant’s waiver of right to representation by an attorney.

In general, defendants usually do not secure favorable resolutions to their charges when they go unrepresented. A person who represents themselves if expected to adhere to all Rules of Criminal Procedure; understand their rights and laws; and consequences of their decision in the event they are found guilty of the charges. Early retention of a criminal defense attorney is a key factor in obtaining any favorable outcome in criminal cases.

Additional Resources:

AZ Supreme Court – Rules of Criminal Procedure

Maricopa County Superior Court

Right to Counsel under Criminal Code

US Constitutional Amendments

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