Arizona Arrest | Criminal Rights
You have protected rights both under Federal and Arizona State constitutions. A good Arizona criminal attorney will make sure your rights remain protected through the criminal justice system. The best criminal lawyers know how to use these rights to protect your freedom and strengthen your defense.
Arizona has some of the toughest laws and penalties for criminal and DUI charges. If you face criminal charges or were arrested for an Arizona DUI or criminal charges in, you need to retain an attorney who has a vast amount of experience and knowledge of Arizona laws, your constitutional rights, the prosecution, judges, Arizona criminal justice system, procedures and required protocol; and most importantly the defenses that can be used to attempt to get your charges dismissed, reduced or the otherwise best outcome in your case.
Arrested in Arizona
• For an Arizona arrest to be legal, the police must have “Probable Cause”. This means that the officer has reasonable belief that a crime was committed and you were the one who committed it.
• Booking – fingerprints taken, photograph or mug shot, some ID questioning, past criminal convictions research, and to check if you were on probation or parole at the time of your arrest.
• Arraignment – This is the initial court appearance. At this stage you have formally been charged, but not convicted of the crime and the processing criminal justice system time-lines begin. This is where you may plead 1) guilty, 2) not guilty, or 3) no contest (no contest is when you do not admit guilt on the charges, but you are telling the Arizona Court that you do not dispute the charge either).
• Resolution – 1) Charges dismissed; 2) negotiated plea agreement for reduced charge or sentencing; 3) Trial
• Sentencing – 1) If you are guilty or have agreed to a negotiated plea agreement you will receive sentencing or penalties by the Judge. The Arizona judge has complete discretion to order any sentence that falls within the sentencing range of the crime found guilty.
Arizona Criminal Rights
You have protected rights both under Federal and State constitutions. It is very important that you do not “waive” any of your protected rights without the presence or counsel of an attorney. If you decide to waive any of your rights, you may jeopardize your case and any defenses that otherwise could have used to attempt to get your Arizona criminal charges dismissed or evidence suppressed in your defense. You are not required to assist the police in making its case stronger against you. Some of the common rights you have are listed below and not all inclusive:
1) The right to remain silent;
2) The right to defense by an attorney;
3) The right not to answer questions without your criminal defense attorney present;
4) Your Miranda Rights must be read to you if you are arrested;
5) The right to enter a “Not Guilty” Plea
6) The right to obtain and produce exculpatory (evidence favorable to your defense) evidence at trial;
7) The right to trial by jury;
8) The right to defend your criminal or dui charges before trial;
9) The right to avoid self-incrimination;
10) In the event of trial, the right to cross-examine or confront a witness testifying against you. It is highly recommended that you leave this to your qualified AZ criminal defense attorney with experienced litigation skills.
Criminal Laws Arizona
Criminal Laws in Arizona are strict, and comprehensive. Definitions, Classifications, Sentencing guidelines, and Penalties found in A.R.S. criminal code: Title 13 – Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes
DUI laws and DUI penalties in Arizona are some of the toughest in the United States. They are found in A.R.S. criminal code: Title 28 – Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes
Whether the arrest for DUI or Criminal charges in Phoenix AZ, Mesa AZ, Tempe AZ, Chandler AZ, Scottsdale AZ, Gilbert AZ, Maricopa County AZ or any other county or city in Arizona you will be subject to the rules of authority of Arizona State Laws of Arizona cited above.
Criminal Defense Attorney AZ
Your future depends upon whether or not you hire a criminal attorney in Arizona for your Arizona criminal or DUI charges. Arizona DUI and Criminal laws, and penalties are strict and harsh. This is something you do not want to go through unrepresented. The prosecution is elated when you are not represented because it makes their job easier to convict you. If fact, going without qualified legal representation or criminal defense in Arizona is the fastest and most certain way to get a conviction. The criminal justice system is a vast maze of procedures, time-lines and protocol. Also, you may say or do something that will unknowingly harm your case. There is no substitute for an experienced Arizona criminal attorney skilled in litigation; gathering and presenting compelling arguments against the prosecution; and knowing the most effective defenses to use, and building a foundation for your defense. Hiring a good AZ criminal attorney will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.
If you have been charged or arrested for any kind of felony charges in Arizona, or misdemeanor including any Arizona DUI, Aggravated DUI, Extreme DUI, Second DUI, Third or more DUI charges, DUI Under age 21, Drug DUI, Minor Consumption DUI, DUI with child under 15 in vehicle, Felony DUI, Any Drug Charges, Drug possession charges, Drug sales, Drug Distribution, Drug Trafficking, Drug smuggling, Drug Importation, Drug Transportation, Drug Cultivation, Drug Manufacturing, Misdemeanor Drug charges, Felony Drug charges, Dangerous Drugs, Narcotics, Marijuana, or any other criminal charge including theft, assaults, aggravated assault, domestic assault, sexual assault, police assault, misconduct, domestic violence, probation violations, robbery, theft, burglary, vehicular assault, weapon charges, disorderly conduct with a weapon, harassment, violation of a protective order, manslaughter, kidnapping, aggravated domestic violence, unlawful discharge of a gun, endangerment with a weapon, other firearm and gun charges, computer crimes, sex crimes, cyber crimes, child pornography possession or distribution, ID theft crimes, or any 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 James Novak (Former Prosecutor). The Law Office of James Novak proudly serves Phoenix AZ, Tempe, AZ, Gilbert AZ, Scottsdale AZ, Chandler AZ, Mesa AZ, and surrounding cites valley-wide in Maricopa County.
For more Arizona criminal defense help, DUI defense help, free DUI defense books, and free DUI and criminal defense videos visit: http://www.arizonacriminaldefenselawyer.com
The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Phoenix, Mesa, Tempe, Chandler, Scottsdale, AZ, and other cities surrounding areas valley-wide in Maricopa County Arizona.
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.