Gilbert Arrest | Criminal Rights | Criminal Defense

A good Gilbert criminal defense or Gilbert DUI Lawyer will be your voice in the criminal justice system. They will make sure your Constitutional Rights are not violated. They will build a solid and effective defense on your behalf. Top criminal Attorneys will press compelling arguments in your defense to the Gilbert Criminal Court and prosecution. There is no substitute for an experienced Gilbert AZ criminal attorney or DUI lawyer who defends cases in Gilbert, AZ who is also a skilled litigator.

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If you were arrested in Gilbert AZ or face criminal or DUI charges s in Gilbert you need to retain an attorney who has a vast amount of experience and knowledge of Arizona laws, your constitutional rights, Arizona criminal justice system, and protocol and defends cases frequently in Gilbert AZ. Most importantly, your Gilbert criminal attorney or Gilbert DUI lawyer should be extremely familiar with the defenses that can be used to build you a solid and effective defense needed to challenge your Gilbert criminal or Gilbert DUI charges. An experienced Gilbert Criminal Attorney or DUI Lawyer in Gilbert will determine the best defense strategy to use, based on the circumstances of your criminal or DUI charges. Your Gilbert criminal defense attorney or DUI lawyer in Gilbert will use these defenses along with your protected constitutional rights in an attempt to get your criminal or DUI charges dismissed, reduced or an otherwise best possible outcome in your case.


• Arrest – In order for a Gilbert, AZ 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. If the officer feels probable cause exists you will usually be placed in hand cuffs and taken into Gilbert police custody.

• Booking – Your fingerprints taken, photograph or what some call “mug shot” will be taken; then they will confirm your identity with some routine questioning; they will then research your prior criminal convictions; then they will check to see if you were on probation or parole at the time of the current arrest.

• Arraignment – This is the initial Gilbert Criminal 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 this lets the Court know that you do not dispute the criminal charges either).

• Resolution – 1) Charges dismissed 2) negotiated plea agreement for reduced charge or sentencing 3) Trial 4) jury decision of guilty or not guilty 5) judge sentencing if guilty.

• Sentencing – 1) If you are guilty or have agreed to a negotiated plea agreement you will receive your sentencing or penalties by the Gilbert Court Judge. The judge has complete discretion to order any sentence that falls within the sentencing range of the crime for which you were found guilty.

Criminal Rights in Gilbert
You have protected rights both under Federal and Arizona State constitutions. It is very important that you do not “waive” any protected rights without the presence or advice of your criminal attorney. If you decide on your own without consulting a Gilbert criminal attorney or Gilbert DUI lawyer to waive any of your rights, you may take the chance of jeopardizing your case and any defenses that otherwise could have used in your defense. You are not required to assist the Gilbert Police or Gilbert Court Prosecutor 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 before or 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 Gilbert criminal defense attorney or trial lawyer in Gilbert who is experienced in criminal defense litigation.

Criminal Law Gilbert
Criminal Law in Arizona is strict, and comprehensive. Definitions, Classifications, Sentencing guidelines, and Penalties found in A.R.S. criminal code: Title 13 – Criminal Law
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
If your arrest or charges for DUI or Criminal charges in Gilbert AZ, Arizona you will be subject to the rules of authority of Arizona State Laws of Arizona cited above.

Criminal Attorney Gilbert AZ
Your future depends upon a strong defense by a criminal attorney who defends criminal or DUI charges frequently in Gilbert Criminal Court. The choice is always yours to retain a criminal or DUI lawyer or not. However, given the harsh laws and punishments for Gilbert criminal and Gilbert DUI charges it is strongly recommended that you at least consult a criminal defense or DUI lawyer. The cold fact is that the Gilbert prosecution is always relieved if the defendant chooses to go unrepresented because it makes their job easier to convict you. If fact, going to Gilbert Criminal Court without qualified criminal attorney or DUI lawyer is certain to “fast track” a Gilbert DUI or criminal conviction.
Some feel the Gilbert criminal justice system is a vast maze of procedures, time-lines, and protocol, all set up to convict them. There is much truth to this. The process can be extremely exhausting, overwhelming and defeating for an unrepresented defendant. It is the job of the Prosecution to convict you. And they will work closely with police to get that conviction. Without good legal representation by a Gilbert criminal attorney or DUI lawyer who defends cases frequently in Gilbert, you may unintentionally say or do something that will unknowingly harm your defense, and strengthen the Prosecution’s case against you. You don’t want to unknowingly contribute to your conviction.

A good Gilbert criminal defense or Gilbert DUI Lawyer will be your voice in the criminal justice system. They will build a solid and effective defense on your behalf. Then they will press compelling arguments in your defense to the Gilbert Criminal Court and prosecution. There is no substitute for an experienced Arizona criminal attorney who is a skilled litigator. They will know the most effective defenses to use, and building a foundation for your defense. Hiring a good criminal attorney who defends cases often in Gilbert court will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Chandler, Mesa, Tempe, Scottsdale, Phoenix, 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.

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