15 Traits of Maricopa County Defense Lawyers – Who Often Get Criminal & DUI Charges Dismissed!
“Your chances of getting criminal charges dismissed increase with an attorney who can present a “compelling argument”, over an attorney who has a stronger argument, but presents it less persuasively.”
– James Novak, AZ DUI & Criminal Defense Trial Lawyer and Author of “Arizona Winning DUI & Criminal Defense Strategies” Book Series
1. Experience; Criminal & DUI defense experience in Maricopa County;
2. Communication: The best trial lawyers listen, as well as they speak. They know that winning cases are often found in the “details” of the facts, evidence and testimony; and they don’t want to miss a thing. A DUI lawyer preoccupied with what they are going to say next, risks missing details that could lead to their client’s case dismissal;
3. Compelling: The best defense lawyers are persuasive, articulate and compelling. They can present highly effective arguments;
4. Thousands of Hours of Trial & Litigation: Be careful of hiring criminal defense attorneys who have not spent much time in the court room or trial, even if you don’t plan on having a trial. The fact is, that there are attorneys who have not seen much of the “inside of a court room”: either because they are new, or because they simply don’t challenge the evidence or prosecution on the issues very often. In those cases, the attorney simply agrees with whatever the prosecution throws at their clients for conviction and sentencing; You don’t need to pay someone to help you lose;
5. Former Prosecutor: Here are just 4 good reasons to choose a former prosecutor:
(a) They get a vast amount of trial experience in many types of criminal cases in a short amount of time;
(b) In Maricopa County, it is not unusual for prosecutors to be in court or trial 4 to 5 days a week, every week. There are fewer of them and they carry heavy caseloads;
(c) In contrast average DUI or criminal defense lawyers in Maricopa County, only go to trial on about 2% or 3% of their cases, if that;
(d) Criminal defense lawyers who are former prosecutors know what can and can’t be done outside to help the defendants, particularly when it comes to negotiations for dismissals, or reduction in sentence; they practiced by the book, and know what’s in the book; and they don’t take “no” for an answer if they know otherwise;
6. They are Scholars of Arizona DUI & Criminal Defense Law: They know the Arizona criminal law; they are familiar with existing and new laws, changing legislation, and court cases with outcomes that may impact their client’s DUI & Criminal charges in Maricopa County. They recognize that Arizona Laws do not exist just to prosecute a defendant and they know what laws to use that will make good defenses and protect the rights of their clients;
7. They Don’t Use “Cookie Cutter” defenses: The best lawyers understand that “one size fit all” does not apply to defenses in a DUI or criminal cases. Each is unique and with its own set of facts. Winning DUI & Criminal Defense strategies are well thought out, and tailored to fit the circumstances. A particular defense in a case that leads to a dismissal may result in conviction with a prison sentence in a different case;
8. They Don’t File “Frivolous” Motions: Attorneys with reputations of filing frivolous or unjustified motions lose credibility with judges and the prosecution in courts where they regularly appear;
9. They Never Underestimate the Power of Filing EARLY Justified Motions: These often involve procedural or constitutional rights violations such as 1). Charges being brought in the wrong jurisdiction; or 2). Time limit to prosecutor has expired for that crime under Arizona Constitution and the like;
10. The “Home Court Advantage”: The best criminal lawyers defend charges exclusively within their own jurisdiction or county such as in the case of Maricopa County. So although they may be licensed to practice in the entire state of Arizona, it is still best in most cases to hire an attorney who frequently defends cases in the jurisdiction or county where the charges were filed. Those lawyers have built reports; are well respected by law enforcement, prosecutors, investigators, expert witnesses, and judges; and they are extremely familiar with court procedures and protocol throughout courts for which they defend clients; There’s no substitute for the “Home Court Advantage”;
11. Simplify Complex Issues: Not only are the best attorneys able to interpret the law, but they have the ability to simplify them in the best light for their client’s defense;
12. Passion and Dedication: They are dedicated to their client’s defense and obtaining the most favorable outcome for them; they have a passion for defense; they recognize that the accused has fundamental rights by law to defend their charges in due process under the United States Constitution and Arizona Law; They make sure defendants are treated fairly, and their constitutional rights are protected;
13. Work Ethic: They make the time needed to tailor, build, and present a compelling defense case which includes gathering evidence, retesting it, examining the facts, and challenging evidence for suppression (not to be used), and obtaining exculpatory (evidence in the client’s favor); they conduct their own defense investigations, concurrently as the prosecution is building their case;
14. They exhaust all means to obtaining the best outcome for their clients: Including case dismissals (partial or complete); negotiating for a better outcome, including leniency in penalties; or alternatives to harsh and unwarranted sentencing such as incarceration.
15. Getting the Case Dismissed is #1 priority: If a client does not wish to challenge their charges; have someone fight for them; or attempt to get their charges dismissed; then they do not need to hire one of the “Best Criminal Defense Attorneys in Maricopa County”. In fact, they would not need to hire any criminal defense attorney, in that the case.
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