Arizona Criminal Defense Attorney Blog
By: James Novak, Phoenix DUI & Criminal Defense Lawyer
Arizona DUI charges are very serious. Good DUI attorneys in Arizona will give you the same or similar advice about things you should not do to preserve your defenses. Here are some things to avoid so that you will not harm your case or defenses:
1) Do not resist Arrest. Avoid turning or walking away; running away; driving away; resist being handcuffed or taken into custody. Resisting arrest only buys you more criminal charges and the probability of physical harm in restraint or other retaliatory force by the police.
2) Once you have been arrested, do not continue to protest or plead your case with the arresting officer or police department. The officer’s mind is made up. Anything else you say many further incriminate you. Even if your constitutional rights have been violated, save it. Preserve your story for your Phoenix DUI Defense Attorney. They will use such information to build you a strong defense case through the criminal justice system. If your constitutional rights were violated, it may lead to a dismissal of your charges. But this can only happen through the proper legal channels.
3) Do not answer any questions that the police may ask you regarding your charges. Remain silent. Let them know your willingness to cooperate. However, until and unless your Arizona DUI defense attorney is present or you have consulted them, you are unable to talk about your charges.
4) Call an Arizona DUI defense Attorney, not your friends for advice. No one knows better how to advise you about your charges, and defense options better than a DUI or criminal defense attorney in Arizona. You may be ill advised by a friend or family member, if they are not Arizona Criminal Defense or DUI attorneys. In fact, you should not discuss your case with anyone, including family or friends, unless it is to help you find a DUI attorney; provide you with bail bond assistance; or your release conditions for which you may require their assistance. Even then, do not speak about your criminal or DUI charges.
5) Do not be late or avoid your scheduled court appearance that is recorded on your complaint or DUI citation. If you fail to appear for your court at the time, location, and on date, the judge will issue an immediate warrant for your arrest. The exception to this rule is if you have hired an AZ DUI or criminal defense Attorney. They may have made other arrangements with the court, may appear on your behalf, or have the court date vacated in lieu of other legal processes in your defense. In any event, your attorney will advise you of whether or not you are required to appear.
6) Do not discount the serious nature of your DUI charges. Arizona has earned a reputation of having some of the toughest laws and most severe punishments of any state in the country. DUI convictions in Arizona carry mandatory incarceration penalties, ignition interlock devices on your vehicle at your expense and more, even for a first time DUI in Arizona.
7) Do not dismiss your Right to a Defense Counsel. A DUI is nothing like a civil citation such as a routine traffic infraction or violation. It is dangerous to represent yourself. Usually self-representation is the fastest way to get a conviction and sometimes the maximum penalty under the Arizona DUI Laws. A conviction will not be easier on you. If fact it is much worse. It is best to be represented by an experienced AZ DUI defense attorney. You should hire a good private practice AZ DUI lawyer to defend you through the criminal justice system. By hiring a private practice Attorney who is experienced at defending DUI charges in Arizona court your chances of getting your DUI charges dismissed, reduced or other favorable outcome increase drastically.