Articles Tagged with arizona criminal defense attorney

Don’t Plead “Guilty” to Scottsdale DUI or Criminal Charges Until Consulting a Good Scottsdale DUI Defense or Criminal Defense Lawyer. Experienced criminal & DUI attorneys may be able to use certain defenses, you are not aware of, that will lead to a dismissal of your charges.

Arraignments: Pleading guilty or “not guilty” to Scottsdale DUI or Criminal Charges
Among other reasons, the primary purpose of an Arraignment in criminal court is for you to inform the court on how you wish to “plea” in your Scottsdale Dui or Criminal Charges. It is never a good idea to enter a guilty plea for Scottsdale DUI or criminal charges before consulting a DUI or criminal attorney who defends Scottsdale DUI and criminal charges. No matter how serious the DUI or criminal charge, you should not waive this important right. By law you still have the right to defend and challenge the charges. With retention of a qualified DUI or Criminal Lawyer in Scottsdale defending you, the chances of getting a good outcome in your case increase significantly. Experienced criminal defense and Scottsdale DUI lawyers may be able to utilize certain defenses that will lead to a reduction or dismissal of your criminal charges. In the very least you should consult a Scottsdale DUI or Criminal defense lawyer to discuss your charges and defense options.

Arraignment Locations for Criminal Court for Scottsdale DUI or Criminal Charges

Following your arrest or detention in Scottsdale for criminal or DUI charges, you will be given a complaint (if you are still in custody) or a summons will be delivered to you (if you are not in custody) It should include the location, date and time you will be required to appear for your Arraignment in criminal court. The court where you will be required to appear is usually based on the nature of the charges (felony or misdemeanor), and jurisdiction where you were charged. Most felony arraignments are held in Superior Courts in Arizona. Most misdemeanors are held in Justice Courts in Arizona, such as Scottsdale Justice Court. However, some felonies can initially begin in the lower courts in Arizona.

Consequences for “Failure to Appear” for your Arraignment for Scottsdale DUI or Criminal Charges

If you have not retained a private DUI or criminal defense lawyer, you must appear at the criminal court location, date, and time scheduled. Be sure you are there early. If you fail to appear, a bench warrant may be issued for your arrest by the criminal court Judge, by authority of Arizona Law:

1) “A.R.S. 13-2506 in the second degree; classification” Failure to appear for Misdemeanor Charges;
2) “A.R.S. 13-2507 in the first degree; classification” Failure to appear for Felony Charges
If you have retained a Scottsdale DUI or criminal defense firm, they will give you further instructions. In some cases, your Scottsdale criminal defense lawyer or DUI attorney can vacate the arraignment date and provide what the court needs through alternative legal channels. In that case, you would be advised by your attorney that you need not be present for the arraignment in court. You should contact him or her to confirm the need for you to appear or not to be present, if you are unsure.

What Happens at the Arraignment in Criminal Court
Among other reasons, the primary purpose of your Arraignment is to advise the court of how you wish to plea the crime that you have been accused of committing in Scottsdale AZ. You can also expect the some or all of the following events to happen: the court will confirm your identity, current address and other contact information; explain your rights; read your formal charges; advise you of the potential range of penalties if convicted; find your intent of retaining or not being represented by a criminal defense attorney for your Scottsdale DUI or criminal charges.

Types of Pleas that can be Entered at an Arraignment

There are three possible pleas to a criminal or DUI charge:

“Not Guilty” – This means that you are denying guilt. In this case, the burden of proof is with prosecution to prove your guilt of the criminal charges against you. If you enter a plea of not guilty on your arraignment date, the Judge will set your case for either a pre-trial conference or a formal trial date.

“Guilty” – You admit or agreeing that you committed the act charged; that the act is prohibited by law; and that you have no legal defense for your act. The Scottsdale AZ Court judge will proceed with your sentencing at this time. If you enter a plea of not guilty on your arraignment date, the Judge will set your case for either a pre-trial conference or a formal trial date.

“No Contest” – This means you are not admitting you are guilty; but that you also do not wish to challenge the charges or evidence at a trial; and you will accept the conviction, sentencing and punishments of the criminal charge. The judge will proceed with your sentencing at this time. If you enter a plea of not guilty on your arraignment date, the Judge will set your case for either a pre-trial conference or a formal trial date.

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Don’t Plead “Guilty” to DUI or Criminal Charge before Consulting a Good DUI and Criminal Attorney who defends Tempe AZ DUI and Criminal Charges
Guilty verses Not Guilty plea to Tempe DUI or Criminal Charges
Among other reasons, the primary purpose of an Arraignment in criminal court is for you to inform the court on how you wish to “plea”. It is never a good idea to plead guilty to any Arizona crime or DUI or criminal charge before consulting a DUI or criminal defense attorney. Arizona has some of the toughest DUI and criminal laws and penalties in the country. You should retain an experienced Arizona DUI and criminal attorney to defend you. Good criminal defense attorneys may be able to use certain defenses that you were not aware of. These defenses may lead to a reduction or dismissal of your DUI or criminal charges. In the least you should consult a Tempe Criminal or DUI lawyer to discuss your charges, consequences of a guilty plea and your defense options.

Arizona Criminal Court – Arraignment Location
With regard to Tempe criminal or DUI charges, you will be given a complaint (if you are in custody or delivered a summons (if you are not in custody). This document will provide instructions for your Arraignment location, date and time you are required to appear in court for your Arraignment.

The court location for which you are required to appear is generally determined by the nature of the charges, and jurisdiction where you were charged. Most felony arraignments are held in Arizona Superior Courts. Most misdemeanors are held in Arizona Justice Courts. However, some felonies can initially begin in a lower court such as Arizona justice courts. Each city has its designated criminal courts for felony arraignments and misdemeanor arraignments will be heard.

Criminal or DUI Arraignment in Tempe
With regard to your Arraignment, If you have not retained a DUI or criminal defense lawyer, you must appear at the court location, date, and time scheduled. If you fail to appear, a bench warrant may be issued for your arrest under criminal code:
1) “A.R.S. 13-2506 in the second degree; classification” Failure to appear for Misdemeanor Charges;
2) “A.R.S. 13-2507 in the first degree; classification” Failure to appear for Felony Charges
If you have retained a Tempe DUI or criminal attorney, they will give you further instructions about whether or not you need to appear for the arraignment on the pre-scheduled date. In many cases your defense attorney can vacate the arraignment date, through alternative legal channels so you do not have to appear in person.

What Happens at an Arraignment in a Tempe Criminal Courts
Among other reasons, the primary purpose of your Arraignment is to advise the court of how you wish to plea to the criminal or DUI charges. You can also expect the some or all of the following items to take place: the court will also confirm your identity and current contact information; explain your rights; read your formal charges; advise you of the potential range of penalties if convicted; find out if you plan to retain a criminal defense attorney.

Types of Pleas that can be Entered into at Your Arraignment
There are three possible pleas to a criminal charge:
“Not Guilty” – This means that you are denying guilt. In this case, the burden of proof is with prosecution to prove your guilt of the criminal charges against you. If you enter a plea of not guilty on your arraignment date, the Judge will set your case for either a pre-trial conference or a formal trial date.

“Guilty” – You admit that you committed the act charged in the complaint(s)l that the act is prohibited by law; and that you have no legal defense for your act. For Misdemeanor charges, the Tempe AZ Court judge will usually proceed with your sentencing at this time. For Felony charges they will usually set a new date and time in the near future for a hearing concerning your sentencing.

“No Contest” – This means you are not admitting you are guilty; but that you also do not wish to challenge the charges or evidence at a trial; and you will accept the conviction, sentencing and punishments of the criminal charge. The judge will proceed with your sentencing at this time. For felonies a new hearing for sentencing will be scheduled.

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It is unwise to go to Phoenix Criminal or DUI court unrepresented by a good Phoenix Criminal Defense Attorney. Doing so places your freedom and future at great risk.

If you were arrested or charged with a crime or DUI in Phoenix Arizona, you will need to appear for your Arraignment Phoenix Criminal Court or DUI Court. You should make sure your rights and defenses are protected by retaining effective criminal defense for your Phoenix criminal or DUI charges. The retention of a good proven DUI or criminal defense lawyer will increase your chances of getting a good outcome in your case. If you choose to defend your own charges and have your case heard without an experienced Arizona Criminal or DUI lawyer, you increase your chances of getting a criminal conviction or Arizona DUI conviction. Make sure the DUI attorney or criminal lawyer defends cases regularly in the court which you have been instructed to appear.

Phoenix Criminal Court Jurisdiction

Phoenix Municipal Court, Phoenix Justice Court and Phoenix Superior Court

Many defendants want to know why they have been instructed to appear at a certain court verses another Phoenix criminal court, and why they are different. The primary difference between Municipal, Justice and Superior Courts are the types of cases that are heard in them. Some courts have been granted authority by Arizona Constitution to handle certain types of cases. Some of the lower courts are limited as to what types of cases they are authorized to hear. In this context, the difference involves what is known as “Limited Jurisdiction” Courts verses “General Jurisdiction” Courts:

A) Municipal or City Courts (used interchangeably) are Limited Jurisdiction Courts. This is considered a lower court. The City courts have limited jurisdiction and have authority to hear only limited types of criminal cases. The majority of the cases heard in Phoenix City Court are Misdemeanor charges. Under certain circumstances, preliminary hearings for felonies can be heard in Phoenix City Court.

B) Justice Courts are Limited Jurisdiction Courts. Similar to City Courts, the Justice Courts have limited jurisdiction over what types of cases can be tried or heard in them. The Justice courts in Arizona, usually hear Phoenix Misdemeanor cases. However, some preliminary hearings for felonies can be heard in Phoenix Justice Court.

C) Superior Court is considered to be a General Jurisdiction Court. The Arizona Superior Court is state wide trial court. It has authority under the Arizona Constitution to hear wide variety of criminal cases. The types of cases tried in this court are primarily Felony cases. Although the Arizona Superior Court is a single entity, it has multiple locations in each county in Arizona. Each county in Arizona, including Maricopa County, has at least one Superior Court Judge.

Types of Criminal & DUI Cases heard in Arizona Municipal/City Courts, and Arizona Justice Courts

1. Phoenix Municipal & City Courts: Municipal courts & City Courts, in Arizona hear the following types of criminal cases:
• Misdemeanors:
• Misdemeanor DUI (Driving under the influence of alcohol); as long as no injuries were involved;
• Misdemeanor hit-and-run; without injuries involved;
• Misdemeanor reckless driving without injuries involved.
• Petty offenses; committed in Phoenix AZ.
• Municipal or City courts also share jurisdiction with justice courts over certain types of violations relating to Arizona law, if the crime was committed in Phoenix AZ.

2. Justice Courts – Arizona Justice Courts hear criminal cases of these types:
• Misdemeanors;
• Some felony preliminary hearings; and
• Misdemeanors criminal offenses punishable by a fine of less than $2,500 or less than six months in county jail.

3. Superior Courts – The Arizona Constitution provides the Arizona Superior Court jurisdiction over the following types of criminal cases:
• Superior Courts in Arizona have exclusive jurisdiction over felony cases;
• Superior Courts share jurisdiction with Justice Courts over misdemeanors when the potential penalty does not exceed $2,500 or imprisonment for six months;
• If no other court has jurisdiction or authority to handle a particular case, Superior Courts may have jurisdiction over that case.

As soon as you learn which court your are required to appear, you should consult an experienced AZ criminal defense attorney or DUI lawyer in that jurisdiction as soon as possible to discuss your charges and defense options.

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How Top Rated Gilbert AZ Criminal Defense Attorneys Get Your Release Conditions Modified (Pre-trial)

After your Gilbert AZ DUI or Criminal arrest and detention you will be required to have an initial appearance before the Gilbert Court Judge. The judge will read you your rights, formal charges, and advise you of your pre-trial release conditions. The primary purposes of court in setting release conditions is to 1) secure a defendant’s appearance for future court dates or trial, 2) and to make sure the defendant’s release does not pose a threat or harm to others in the community.

The Gilbert AZ Court takes into account many factors in making this decision including classification of the charge such as a misdemeanor or felony; severity and nature of the charges; if the charges involved a violent crime; your past criminal record if any; whether or not you are a potential “flight risk”; along with other standard release conditions and factors.

The release conditions should be commensurate with the criminal charge. The release conditions should not be unjust, or unreasonable based on what offense you are accused of committing. For example, if a financially burdened defendant, with no prior criminal record was arrested for stealing a loaf of bread, without any weapons or threat of harm to anyone in the store, it would be outrageous for the judge to require him to post a $500,000.00 bail bond in order to be released from custody. If the release conditions seem overly harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney.

A good criminal defense attorney who defends charges regularly in Gilbert AZ court will immediately file a motion to request modification of your pre-trial release conditions. This can be done immediately while you are in custody. Either you or someone on your behalf can consult a Gilbert criminal defense lawyer to discuss the charges, defense options, and services your Attorney can provide involving a request to modify your pre-trial release conditions from custody in Gilbert AZ. This service by your private attorney is usually done as part of the entire retention and formal defense process.

Modifications of release conditions requested by your criminal attorney will depend upon on the initial release conditions were ordered by the judge, the crime you are being accused of committing, and other factors. Some modifications your Gilbert Criminal Attorney may request include but are not limited to lowering the bail bond to a reasonable amount; allowing you to be released on your own recognizance; allow an appearance bail, or allow you to be released to another responsible entity’s custody, home confinement with ankle bracelet security, and other more favorable conditions than initially ordered by the Gilbert Court Judge.

When you meet with the Criminal Defense Attorney who will be defending your criminal charges and requesting modification of your release conditions, be sure you communicate in detail your concerns about the initial orders and how they will impact you, your family, your job, your financial situation.

Your Gilbert criminal defense attorney will immediately formulate compelling arguments and file the appropriate motions with the Gilbert court on your behalf. Your chances of getting your pre-trial release conditions modified with the retention of a good private practice criminal attorney who defends charges in Gilbert frequently significantly increase for your to get your release conditions modified to be more reasonable and in your favor.

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“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.

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AZ Felony Mandatory Sentencing Guidelines
Despite AZ “Mandatory Sentencing” Laws, a good AZ criminal defense lawyer may still be able to get your Tempe felony or Tempe DUI charges dismissed. If that is not possible they will labor to get a reduction in charges from a felony subject to “Mandatory Sentencing Guideline down to a “Standard Felony”. This would allow you to avoid prison, and be eligible for probation.

Felony Charges
If you were arrested for felony charges in Tempe AZ. you should consult a good Tempe criminal lawyer to discuss your charges and defense options as soon as possible. Know that just because you were charged with a felony, does not mean you will automatically be convicted. There is a lot of room for challenging felonies. But it means you will need to hire a private practice AZ criminal defense lawyer to defend you. Arizona has some of the toughest penalties for felony convictions in the country. A conviction can expose you to harsh punishments such as lengthy jail time; long prison terms; restitution; exorbitant fines; probation with interlock monitoring device (ankle bracelets); and a felony criminal record that will following you for years into the future.

Tempe Arizona “Mandatory Sentencing Laws” for Felony Charges
In the state of Arizona, certain felony charges including but not limited to dangerous, violent crimes; sex crimes; assaults involving use of a deadly weapon; assault and battery with a weapon; armed robbery; or repeat offenses; are subject to Arizona’s Mandatory Sentencing Laws referred to under A.R.S. 13-601 and A.R.S. 13-701.
If convicted of particular felonies, you will not be eligible for probation as an alternative to jail or prison. Rather, you will be required to serve a prison term within a certain range for that crime. The AZ judge also has authority at their discretion to order a more severe punishment depending on the circumstances surrounding the felony charges.
Despite Arizona’s Mandatory Sentencing Laws, it is not uncommon for a good Arizona criminal defense lawyer to get more favorable outcomes such as acquittals; dismissal of all or a portion of the charges; reduction in charges to a “Standard Felony”, thereby avoiding prison, and allowing the defendant to be eligible for probation.

Tempe Criminal Lawyer – Defense for Felony Criminal Charges
It is critical that you hire a good felony defense or felony DUI area who is an experienced litigator, with a proven and successful defense track record. Top criminal lawyers who defend felony criminal and DUI charges in Tempe understand that a good defense has two extremely critical points to target in order to get you the best outcome possible:

1) The Defense:

Gathering Evidence, filing early procedure motions in your defense, attending conferences and hearings, hiring experts, having DUI blood evidence retested, and using all opportunities to challenge evidence in order to suppress it; building a strong defense case, and attempting to get the felonies dismissed, or an acquittal.

2) The Sentencing Stage:
If a dismissal of charges can not be achieved, then a good private criminal attorney will fight hard to ensure that you will get the best possible outcome in your case. This involves active plea efforts by your attorney including the presentation and argument of mitigating factors, evidence and reasons why you deserve a lesser charge and/or reduced sentencing on your behalf.

Bottom line, your best chance at getting a felony acquittal, dismissal or otherwise good outcome, is to hire the best Arizona criminal defense or AZ felony DUI lawyer you can find.

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How Top Rated Mesa AZ Criminal Defense Attorneys Get Your Release Conditions Modified (Pre-trial)

After your Mesa AZ DUI or Criminal arrest and detention you will be required to have an initial appearance before the Mesa AZ Court Judge. The judge will read you your rights, formal charges, and advise you of your pre-trial release conditions. The primary purposes of court in setting release conditions is to 1) secure a defendant’s appearance for future court dates or trial, 2) and to make sure the defendant’s release does not pose a threat or harm to others in the community.

The Mesa Arizona Court takes into account many factors in making this decision including classification of the charge such as a misdemeanor or felony; severity and nature of the charges; if the charges involved a violent crime; your past criminal record if any; whether or not you are a potential “flight risk”; along with other standard release conditions and factors.

The release conditions should be commensurate with the criminal charge. The release conditions should not be unjust or unreasonable based on the crime you are accused of committing. For example, if a financially burdened defendant, with no prior criminal record was accused of shoplifting milk and a loaf of bread, without any weapons or threat of harm to anyone in the store; it would be outrageous for the judge to require him to post a $750,000.00 bail bond in order to be released from custody. If the release conditions seem overly harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney.

An experienced private criminal defense attorney who defends charges regularly in Mesa AZ court will immediately file a motion to request modification of your pre-trial release conditions. This can be done immediately while you are in custody. Either you or someone on your behalf can consult a Mesa criminal defense lawyer to discuss the charges, defense options, and services your Attorney can provide involving a request to modify your pre-trial release conditions from custody in Mesa AZ. This service by your private attorney is usually done as part of the entire retention and formal defense process.

Examples of modifications your Mesa criminal defense Attorney may request include but are not limited to lowering the bail bond to a reasonable amount; allowing you to be released on your own recognizance; allow an appearance bail, or allow you to be released to another responsible entity’s custody (for example a minor being released to the parents of the minor) home confinement with ankle bracelet security, and other more favorable conditions than initially ordered by the Mesa Court Judge.

When you discuss your case and initial release conditions with your Mesa Criminal or DUI Defense Attorney, be sure you communicate your concerns about the initial orders and how they will impact you, your family, your job, your financial situation. Your Mesa criminal defense attorney will immediately formulate compelling arguments and file the appropriate motions with the Mesa court on your behalf, in most cases while you are still in custody if you have retained them formally for legal representation.

Your chances of getting your pre-trial release conditions modified with the retention of a good private practice criminal attorney who defends charges in Mesa frequently significantly increase in your favor.

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AZ Felony Mandatory Sentencing Guidelines

Despite Arizona’s “Mandatory Sentencing” laws and guidelines for certain felonies a good AZ criminal defense lawyer may still be able to get your felony charges partially or completely dismissed. In alternative they may be able to fight for a reduction in charges to a “Standard Felony” or even a misdemeanor. This reduction in charges means you would avoid prison; thus allowing you to be eligible for probation instead.

Scottsdale AZ Felony Charges
If you are facing felony charges in Scottsdale AZ. you should do whatever it takes to hire the best Scottsdale criminal defense lawyer possible to defend you. Being charged with a felony does not make you “guilty”. By law you are entitled to a defense. Your best chance at a good outcome is to use a private practice AZ criminal defense attorney who defends Scottsdale felonies on a regular basis.
Felony Penalties for Scottsdale Felony Convictions
Arizona has some of the toughest punishments for felony convictions in the country. Because of these harsh penalties, usually most people have too much to lose to accept a conviction. This particularly the case if you felony conviction falls within the category of Arizona’s “Mandatory Sentencing Laws”. This is why it is so important to hire a good Scottsdale criminal defense attorney.

Such felony conviction penalties under “Mandatory Sentencing Laws” make you ineligible for probation. If convicted, you will be exposed to long prison terms within a certain range for the crime; exorbitant fines; probation with interlock monitoring device (ankle bracelets); and a felony criminal record that will following with adverse impacts on your life for many years. The Arizona judge also has authority to order more severe punishments depending on the circumstances surrounding the felony charges.

Types of Felonies That Subject to AZ “Mandatory Sentencing Laws”
In the state of Arizona, certain felony charges are subject to Arizona’s Mandatory Sentencing Laws referred to under A.R.S. 13-601 and A.R.S. 13-701. These charges including, but are not limited to the following:
1) Dangerous, violent crimes;
2) Sex crimes and assault;
3) Assaults involving use of a deadly weapon;
4) Assault and battery with a weapon;
5) Armed robbery; or repeat offenses;
Defense Lawyers in Scottsdale AZ for Felony Criminal Charges
It is critical for you to hire the best criminal defense or felony DUI lawyer possible; preferably an experienced litigator, with a proven successful defense record. There are two primary opportunities that top Scottsdale Defense Lawyers will use to achieve the best outcome of getting an acquittal, charges dismissed, or sentencing reduced.

1) The Defense Stage: Gathering Evidence, filing early procedure motions, participating in conferences and hearings, hiring experts, having DUI chemical evidence retested, challenging weak evidence, looking for reasons to get flawed evidence suppressed; deciding on a winning defense strategy based on the facts.

2) The Sentencing Stage: If there is no chance of getting the charges dismissed based on the strength of the prosecutions evidence, then your defense attorney will shift to the next stage which is sentencing. Your Scottsdale criminal lawyer will present mitigating factors (facts that are in your favor), exculpatory evidence, and reasons why you deserve a lesser charge or reduced sentence.

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AZ Felony Mandatory Sentencing Guidelines

Even for Arizona’s “Mandatory Sentencing” laws and guidelines for certain felonies, a good AZ criminal defense lawyer may still be able to get your felony charges partially or completely dismissed. In alternative they may be able to fight for a reduction in charges to a “Standard Felony” or even a misdemeanor. This reduction in charges could mean you would avoid prison; thus allowing you to be eligible for probation instead.

Mesa AZ Felony Charges
If you were arrested for felony charges in Mesa AZ. you should hire the best Mesa criminal defense lawyer possible to defend you. A criminal charge is far from a conviction. Being charged with a felony does not make you “guilty”. By law you are entitled to a defense. Your best chance at a good outcome is to use a private practice AZ criminal defense attorney who defends Mesa felonies on a regular basis.
“Mandatory Sentencing” Penalties | AZ Felony Convictions
Arizona State Law is strict and harsh on felony convictions. As a result, most people have too much to lose to accept a conviction. This is particularly the case if the felony conviction falls within the category of Arizona’s “Mandatory Sentencing Laws”. Such felony conviction penalties under “Mandatory Sentencing Laws” make you ineligible for probation. If convicted, you will be exposed to long prison terms within a certain range for the crime; exorbitant fines; probation with interlock monitoring device (ankle bracelets); and a felony criminal record that will following with adverse impacts on your life for many years. The Arizona judge also has authority to order more severe punishments depending on the circumstances surrounding the felony charges.

Types of Felonies That Subject to AZ “Mandatory Sentencing Laws”
In Arizona, certain felony charges are subject to Arizona’s Mandatory Sentencing Laws referred to under A.R.S. 13-601 and A.R.S. 13-701. These charges including, but are not limited to the following:
1) Dangerous or violent crimes;
2) Sexual assault or other violent assault crimes;
3) Assault with use of a deadly weapon;
4) Assault and battery with a weapon;
5) Armed robbery
6) Repeat offenses;
Defense Lawyers in Mesa AZ for Felony Criminal Charges
It is critical for you to hire the best criminal defense lawyer possible; preferably an experienced litigator, with a proven successful defense and trial record. There are two primary stages during the criminal justice process that top Mesa Defense Lawyers use to achieve the best outcome of getting an acquittal, charges dismissed, or sentencing reduced.

1) The Defense Stage: Gathering Evidence; filing early procedure motions; participating in pre-trial conferences and hearings, hiring experts; having DUI chemical evidence retested; deposing or interviewing witnesses including the police; challenging weak evidence; looking for reasons to get flawed evidence suppressed; deciding on a winning defense strategy based on the facts.

2) The Sentencing Stage: If there is no chance of getting the charges dismissed based on the strength of the prosecutions evidence, then your defense attorney will shift to the next stage which is sentencing. Your Mesa criminal lawyer will present mitigating factors (facts that are in your favor), exculpatory evidence, and reasons why you deserve a lesser charge or reduced sentence.

If you have been arrested for DUI or any criminal charges either Misdemeanor or Felony in Maricopa County 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). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information. .

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“Even the Best Arizona DUI Lawyers will hire their own Private Practice DUI Lawyer to represent them if they get an Arizona DUI”
AZ DUI Blog By: James Novak, Arizona DUI and Criminal Defense Lawyer
Defendants who face Arizona DUI charges in Maricopa County have a constitutional right to hire an AZ DUI Lawyer to defend their case or go without legal representation. They should use it. Representing yourself is risky and imprudent. Some DUI lawyers call it a fast track to an early AZ DUI conviction. Representing yourself makes it easy for an experienced prosecutor to get a conviction.

Was it Theologian, John Calvin centuries ago who said, “Only a fool represents themselves in court”? And was it President Abraham Lincoln who said “Any man who represents himself in court has a fool for a client”? While who coined the phrases may be debatable, their meanings are clear. This is particularly true in the defense of AZ criminal or DUI charges.

Even the best AZ DUI lawyers will hire a third party private practice criminal defense or Phoenix DUI lawyer to defend their DUI if they have the misfortune of getting one. Successfully defending Arizona DUI charges is a serous and complicated legal matter. AZ Criminal Defense Lawyers would agree, to provide a proven and successful DUI defense, requires a vortex of qualifications, training and hundreds of hours of courtroom and trial experience.

Here are at least 10 good reasons you should hire a private practice criminal or DUI trial lawyer in Maricopa County to defend your charges (this list in not all inclusive):

1. To avoid unknowingly saying or doing something that will incriminate your defense case.
2. To avoid unintentionally waiving any constitutional rights you could have used in your defense.
3. To avoid overlooking a defense strategy, that if used properly may have led to dismissal of your charges.
4. To remain detached and objective in examining the facts, evidence and defenses.
5. To eliminate being led into an evidentiary trap, and being lured into it by the prosecution. Many become aware of what happened after the damage is done.
6. To avoid the chance of misinterpretation of the constantly changing and tough AZ DUI Laws, and penalties.
7. To help you recognize and use evidence that is material to building a solid DUI defense strategy. (You may be surprised at the factors which are material. Many reach far beyond just the results of your DUI breathalyzer or blood test.)
8. You want to recognize weaknesses or flaws in the prosecution’s case; and avoid overlooking exculpatory evidence (evidence in your favor) that may strengthen your defense case and lead to a DUI dismissal.
9. You avoid failing to miss any procedural guidelines, deadlines, arguments, or processes that must be followed in the Maricopa County Criminal Justice System. If overlooked they may jeopardize your defense. Many DUI charges are dropped due to procedural errors or protocol violations by police or prosecution.
10. Lastly, a law expert once said “Never underestimate the power of filing early motions” (paraphrased). While they may be seemingly irrelevant to a defendant, or the general public, DUI or Criminal Charges in Arizona are dismissed every day due to procedural or defense motions filed early in the criminal or DUI case by the defendant’s
AZ DUI or AZ criminal defense lawyer.
The stakes are high. No matter whether you were arrested for a misdemeanor DUI or Felony DUI, the negative consequences can be life altering. Arizona has some of the toughest DUI Laws and penalties in the country including Jail or prison terms; Vehicle interlock devices; Hefty fines, fees, costs and/or restitution; Probation; Suspension or revocation of your driver’s license; Participation in drug or alcohol treatment programs; and long term Criminal Records. Hiring a private practice AZ DUI lawyer who is highly trained, skilled, qualified and experienced in defending Maricopa DUI cases on a daily basis is your best chance at a DUI dismissal or other favorable outcome.

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