Articles Tagged with AZ DUI Laws

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How to Hire a Good Phoenix DUI Lawyer
“Hiring a good Phoenix DUI Attorney can mean the difference between a conviction or total dismissal, or reduction in your charges.”

Phoenix Arizona has some of the toughest DUI laws in the Country, which carry some of the most severe penalties in the country. If you have been arrested in Phoenix AZ for a DUI, you will need a good and experienced Phoenix criminal defense attorney to fight for you. It is important that you find a DUI Attorney who defends DUI charges on a regular basis, and exclusively practices criminal defense. You also want to make sure they defend cases frequently in the court for which you must appear. Your challenge will be to find a good DUI Attorney, or one of the best Criminal Defense Attorneys to defend you. Choosing a DUI Lawyer to defend your DUI charges may be one of the most important decisions you will ever face. Below are just a few facts you want to know before making the decision to hire a DUI Attorney. These excerpts have been cited from Winning Defense Strategies Book Series #1 Phoenix DUI Defense, written by DUI Defense Attorney and prolific Author James Novak:

• Who will actually be my DUI Attorney?
• Will I meet with my Attorney before my court date?
• How much work will my Attorney be putting into my case before my court date?
• Does my DUI attorney defend DUI and Criminal cases exclusively?
• Will you be the lawyer who is actually handling my case?
• Who is doing all the investigation on my case? Will you be the lawyer who shows up to court with me?
• Will you be switching lawyers on me?
• Can I meet my assigned lawyer before I agree to hire your firm?
• Will I be able to speak to you if I have a question or concern?
• What is it going to Cost?
• Does the Attorney charge by the hour or is it a flat affordable fee?
• Is the fee competitive as compared to what similar DUI Attorneys are hiring?
• How much experience do you have in defending DUI and Criminal Cases?
• What background do you have that qualifies you to handle my case?
• Have you ever been a prosecutor? If so, where, and for how long?
• What training do you have with the issues involved in my case?
• How many cases like mine have you handled?
• How often do you handle this specific type of case?
• How often do you deal with this particular prosecutor?
• How often do you appear in this court?
• How often do you appear before this particular Judge?
• What is your current caseload?
• How long should I expect to wait to hear back from you if I have to leave a message for you?

Remember a DUI or other Criminal Charge you are innocent until and only if you are proven guilty. Everyone makes mistakes. It’s how you recover from that mistake that counts more. You can take control of your criminal or DUI charges now, by hiring a strong, experienced Phoenix Criminal and DUI Defense Attorney to fight your charges. Everyone makes mistakes. It’s how we recover from those mistakes that matter most. If you do nothing, you can count on facing the maximum penalties allowed by Phoenix law which will have a devastating impact on your life, family, and future. But a good Phoenix DUI Attorney can mean the difference between a conviction or total dismissal, or reduction in your charges.

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Ways Mesa AZ DUI Attorneys Defend DUI
Field Sobriety Tests Defenses

Field Sobriety Tests
Field Sobriety Tests are standardized tests adopted by the National Highway Traffic Safety Administration (NHTSA). However, many of the best Mesa DUI lawyers don’t consider them real or valid tests. This is due to their subjective nature and police biases in reporting performance results. For this reason, many AZ DUI charges are dismissed, evidence suppressed, charges reduced, or other favorable outcomes due to the results of FST challenged by an experienced AZ DUI Attorney who defends DUI charges in Mesa.
The Big Secret Mesa Police Don’t Want You to Know
One thing Mesa Police do not usually offer to tell you is that Field Sobriety Testing is
not required under Arizona Law. You have the right to refuse. Some of the best AZ DUI attorneys disagree on whether or not you should agree to take them or refuse. The reason is that if you decline, the Mesa police may arrest you and take you into custody on the spot. Some DUI Attorneys will advise you to take them and let your DUI Attorney challenge the results through the proper legal channels. The choice is yours. Depending on your circumstances, you must make a choice, at the time of the stop. But at least you will know the risks of either choice.

FST results are determined by the Mesa police officer conducting the FST. The FST is the least reliable of any Mesa DUI evidence that they will attempt to use against you. It is sad but true that the Mesa Police may intentionally make it sound like you did poorly on the tests, when in fact; you did as good as or better than someone unimpaired on drugs or alcohol. The Mesa Police want arrests, Mesa Court and prosecutors want convictions.

Interestingly, studies have shown that even persons unimpaired by drugs or alcohol may perform “poorly” depending on many factors which include but are not limited to stress, intimidation, motor skill capability, fatigue from work, medical impairments and many other factors. Just one more justification as to why they are often challenged by experienced DUI Layers who defend cases in Mesa. The actual purpose for the FST is to use it as a preliminary resource, for the officer to make a decision as to whether or not additional DUI or Drug testing is needed. It was never intended to bear the sole weight of convicting you in a court of law of a Gilbert DUI. However, the Gilbert Court and Prosecution will attempt to place more emphasis on the FST evidence if the police report that you performed poorly on the FST.

Below are a sample of arguments for Field Sobriety Tests to be challenged and used as defenses taken from “101 DUI Defense Strategies” © Winning Arizona DUI Defense Strategies © Book to give you an idea of a few defense strategies a good Arizona DUI defense Attorney may use to defend your case by active winning defense Attorney and author James Novak:

• YOU WERE AT A DISADVANTAGE OF PERFORMING THE TESTS ACURATELY DUE TO UNFAVORABLE ROADSIDE CONDICTIONS, INCLUDING BY NOT LIMITED TO SUCH THINGS AS INCLIMATE WEATHER, HEAVY TRAFFIC, UNLEVEL GROUND, OR OTHER ENVORNMENTAL OR LANDSCAPING ASPECTS THAT WOULD ADVERSELY IMPACT THE RESULTS.

• ACCORDING TO MEDICAL EXPERTS, THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS. THE TEST MUST BE PERFORMED UNDER SPECIFIED CONDITIONS THAT ARE SIMPLY NONEXISTENT IN A ROAD SIDE ENVIORNMENT. A MAIN CONDITION IS A SPECIFIC TYPE OF LIGHTING THAT MUST EXIST OR BE USED.

• THE POLICE TESTED YOU DISPITE THE FACT THAT YOU WERE AN INAPPROPRIATE CANDIDATE FOR ROADSIDE TESTING UNDER NHTSA STANDARDS. SOME ISSUES THAT MAY DISQUALIFY A PERSON TO BE AN UNFAVORABLE CANDITATE, INVOLVE ISSUES SUCH AS WEIGHT, MEDICAL IMPAIRMENTS, AGE, AND MANY OTHER FACTORS THAT MAY CONTRIBUTE TO INACCURATE OR POOR RESULTS.
• FIELD SOBRIETY TESTS NOT RECOGNIZED BY NHTSA ARE INVALID AND CAN NOT BE USED AGAINST YOU.

• THE POLICE OFFICER FAILED TO REPORT, INDICATE, OR POINT OUT THE LOCATION AND ROADSIDE CONDITIONS WHERE THE FST WAS ADMINISTERED.

• YOU REFUSED TO SUBMIT TO THE FIELD SOBRIETY TESTS. THE POLICE THEN REPORTED YOU REFUSED BECAUSE YOU FEARED YOU WOULD DO POORLY BECAUSE YOU WERE IMPAIRED BY DRUGS OR ALCOHOL.

• YOU PERFORMED POORLY BECAUSE YOU WERE BEING MISTREATED, ABUSED OR FELT INTIMDATED BY THE POLICE.

• THE POLICE INCORRECTLY ADVISED YOU, THAT THE FST WAS MANDATORY OR REQUIRE BY LAW.
These are just a few arguments of many that an AZ DUI Attorney can use to challenge the Field Sobriety Test results that lead to your Mesa DUI charges. You should consult a good Mesa DUI attorney who defends DUI cases frequently. Many of the best AZ DUI attorneys who defend Gilbert DUI cases are not only affordable, but they offer Free Consultations if you have been charged with a Gilbert DUI or criminal offense.

Challenging evidence and utilizing defenses requires your DUI Attorney to have the roper training, education, litigation and defense experience, needed to be effective and successful in defending your case, FST is just one of many areas of multitudes of issues surrounding your DUI that can be challenged in an effort for your Attorney to fight to get your Mesa DUI dismissed, charges reduced, evidence suppressed or the otherwise best possible outcome in your case.

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Good AZ DUI lawyers use AZ DUI laws to your advantage to help you get your Phoenix DUI Charges dismissed.

“Here is a sample of 10 defenses your Phoenix DUI Attorney can use to challenge your DUI.”

Arizona DUI Defenses exist that the best DUI Attorneys who defend cases regularly in Phoenix can use to challenge your Phoenix DUI Charges, in an effort to get your case dismissed or brought down to less serious charges. There are countless defenses that can be used depending on you’re the circumstances surrounding your Phoenix AZ DUI charges. Many of these are used by winning defense and trial Attorney James Novak, AZ DUI defense Attorney and author of three “Arizona Winning Defense Strategies Books ©” one of which is entitled “101 DUI AZ Winning Defense Strategies” © Book.

(Abridged versions of all his Arizona Criminal and DUI Defense Books can be downloaded free of charge to the public and can be downloaded at absolutely no charge with no obligations at www.arizonacriminaldefenselawyer.com). Here is a sample of 10 defenses your Phoenix DUI Attorney cited in his books that can be used to challenge your Phoenix DUI charges, and suppress the prosecution’s evidence to pursue the ultimate goal of case dismissal or in reduction in DUI charges of DUI sentencing:

1. You were not Driving or Actual Physical Control.
The Arizona Prosecutor must prove that you were driving or in actual physical control of a vehicle while impaired. The state may be unable to meet this burden of proof, if there were no witnesses to testify. Most recently, Arizona case law made this factor even more strict when the defendant was found to “Have the Potential to be in actual physical control and was convicted on the basis of potential.” However, that does not stop your private practice DUI defense Attorney from challenging the evidence surrounding it to disprove the allegation in your defense.
2. The Police Officer Had No Reasonable Suspicion to Stop.
A police stop is unconstitutional if there was no reasonable suspicion that criminal activity is taking place. So if the officer lacked a valid reason for the traffic stop, any evidence of a Phoenix DUI
resulting from such unlawful stop by the police must be suppressed, and can not be used against you.

3. The Officer Had No Probable Cause to Arrest You.
“Probable cause to arrest” carries a much higher standard of evidence than “reasonable cause to stop”.
The officer can’t just go and arrest you without probable cause and valid evidence.
The Police must have valid and reliable information which would lead a reasonable person to conclude that the person is drunk driving, criminal activity has been or is being committed, or is driving under the influence of drugs or other toxic substance in addition to or absent alcohol at time of the Phoenix DUI arrest. Otherwise the arrest is unconstitutional and the case must be dismissed.

4. Field Sobriety Tests (FST’) were not Improperly Administered
The National Highway Traffic Safety Administration (NHTSA) has established guidelines regarding the administration of the FST. They must be official, credible, reliable, conducted by approved and properly trained personnel, as required by NHTSA. If a violation of any of these requirements or protocols exist for any of the tests results used against you, this evidence can be challenged for suppression by your DUI attorney defending your DUI.

5. You Can Not Be Denied Your Right to Counsel
When a DUI person requests a lawyer, the police must provide you with an opportunity to speak with a lawyer telephonically as soon as is reasonably possible. You have a right to defense counsel is an inherent constitutional right. Absent a viable excuse as to why you were denied this right, an argument can by made by your attorney for suppression of all evidence to the point your right was honored, or a total dismissal of your Phoenix DUI charges, depending on circumstances.

6. Your Miranda Rights Were Not Read to You
The lack of the reading of your Miranda Rights or, timing of when those rights were read to your could lead to suppression of evidence.
7. Breath Test Device results were unreliable, inaccurate, due to user error or machine malfunction
In order for breathalyzer test evidenced to be used against you, proper guidelines and protocol must be followed. Some factors considered are type of device used, preliminary or official breath test results used or compared, maintenance or recent repairs of device, existence of records that the device was in working order, reliability, and even the credentials of the officer administering the test.

8. Retrograde
Put simply, this is a method to compensate for any alcohol consumed shortly before driving that could read higher at the time of the test than at the time of driving. This is due to the fact, that in general most individuals requires between 30 minutes and hours to completely absorb alcohol into their system. This is a challenging defense to use and make an argument for admissibility of evidence. Make sure your Phoenix DUI attorney is experienced and well versed at using this defense.

9. Blood Alcohol Testing (BAC) & Urine Test Issues related to violation of protocol or the issues leading to unreliability of the test results
Results of blood alcohol testing are admissible only if the State can establish the blood was drawn by qualified personnel, proper protocol and scientific analysis used. Your Phoenix DUI Lawyer can also challenge the events surrounding the test administration, proper labeling, storage, transport of evidence and other protocol. .

10. Denial of Independent Test
A person has a due process right to collect independent scientific evidence of their blood alcohol concentration (BAC). The State may not unreasonably interfere with this right. If necessary, addition, your AZ DUI Attorney can even have the specimens retested by an independent lab which may lead to suppression of the evidence depending on issues surrounding lab results.

A word of caution: It is important to know that many defenses exist that could get your case dismissed. But the Phoenix DUI Prosecution will turn the other way and ignore any evidence or weaknesses in your case if you go unrepresented by a good Phoenix DUI Lawyer. The best Arizona DUI attorneys will over turn every stone to look for flaws or weaknesses in the prosecutions case to challenge, and fight to get your case dismissed, reduced to lesser charges, or the best possible outcome in your case.

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Gilbert Criminal Defense | Criminal Rights
Resisting Arrest Charges in Gilbert AZ
Resisting arrest charges often are coupled with other violations at the same time. If you were arrested or face resisting arrest charges in Gilbert AZ, you should consult an experienced criminal defense attorney who defends these types of cases frequently in Gilbert Arizona to discuss your charges and defense options.

Resisting Arrest Charges in Gilbert is a blanket over a wide range of violations from running away, using a weapon against a police officer, resisting to be handcuffed, turning and walking away, refusing detention, and a multitude of actions. Further if your actions caused the Officer to get harmed in any manner either accidently or purposefully, you could be facing felony charges.

Arizona Laws – Resisting Arrest
Gilbert Resisting Arrest charges are governed by Arizona Law A.R.S. 13-2508. The main elements of Arizona resisting arrest are:

• A peace officer acting in an official capacity sought to arrest
• You knew or had reason to know the person was a peace officer.
• You intentionally prevented or attempted to prevent the peace Officer form making that arrest.
• You used or threatened to use physical force or any other substantial risk of physical injury against the peace Officer of another.
• It makes no difference if the attempted arrest was legally justified or not.

A.R.S. 13-2508. Resisting arrest reads in part as follows:
“A. A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace Officer, acting under color of such peace Officer’s official authority, from effecting an arrest by:

1. Using or threatening to use physical force against the peace Officer or another; or
2. Using any other means creating a substantial risk of causing physical injury to the peace Officer or another.

B. Resisting arrest is a class 6 felony.”

Resisting Arrest Penalties
The Gilbert AZ prosecution takes a firm stance on these matters because it involves a police or peace officer performing their official duties. Such charges allege that you were interfering with those duties. If you are convicted of the criminal charge of Resisting Arrest in Gilbert you will have a felony conviction resulting in a felony criminal record. The sentencing can be harsh, and include jail or prison time, fines, fees, probation, counseling and whatever else the court deems necessary.

Criminal Defense Lawyer for Resisting Arrest Charges in Gilbert
You will need a strong defense, and a criminal defense Attorney in Gilbert who will present compelling arguments regarding your case and side of the story. Make sure they defends cases in Gilbert such as these on a regular basis, and can give you proper legal representation through the criminal justice system. You will need to consult someone who understands what defense strategies will be effective given a particular set of circumstances, and how to build and mount a powerful defense strategy on your behalf. A good Gilbert criminal defense lawyer will gather evidence, interview or depose witnesses and the police, look for weaknesses and flaws in the prosecution’s witness statements or evidence, determine if there were any violations of your constitutional rights, and build a strong defense case in an effort to get you the best outcome to avoid a felony conviction.

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Mesa Criminal Defense | Criminal Rights
Resisting Arrest Charges Mesa AZ
Resisting arrest charges often are coupled with other violations at the same time. If you were arrested or face resisting arrest charges in Mesa AZ, you should consult an experienced criminal defense attorney who defends these types of cases frequently in Mesa Arizona to discuss your charges and defense options.

Resisting Arrest Charges in Mesa is a blanket over a wide range of violations from running away, using a weapon against a police officer, resisting to be handcuffed, turning and walking away, refusing detention, and a multitude of actions. Further if your actions caused the Officer to get harmed in any manner either accidently or purposefully, you could be facing felony charges.

Arizona Laws – Resisting Arrest
Mesa Resisting Arrest charges are governed by Arizona Law A.R.S. 13-2508. The main elements of Arizona resisting arrest are:

• A peace officer acting in an official capacity sought to arrest
• You knew or had reason to know the person was a peace officer.
• You intentionally prevented or attempted to prevent the peace Officer form making that arrest.
• You used or threatened to use physical force or any other substantial risk of physical injury against the peace Officer of another.
• It makes no difference if the attempted arrest was legally justified or not.

A.R.S. 13-2508. Resisting arrest reads in part as follows:
“A. A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace Officer, acting under color of such peace Officer’s official authority, from effecting an arrest by:

1. Using or threatening to use physical force against the peace Officer or another; or
2. Using any other means creating a substantial risk of causing physical injury to the peace Officer or another.

B. Resisting arrest is a class 6 felony.”

Resisting Arrest Penalties
The Mesa AZ prosecution is intolerant of these matters because they involve a police or peace officer performing their official duties. Such charges allege that you were interfering with those duties. If you are convicted of the criminal charge of Resisting Arrest in Mesa you will have a felony conviction resulting in a felony criminal record. The sentencing can be harsh, and include jail or prison time, fines, fees, probation, counseling and whatever else the court deems necessary.

Criminal Defense Lawyer for Resisting Arrest Charges in Mesa
You will need a strong defense, and a criminal defense Attorney in Mesa who will present compelling arguments regarding your case and side of the story. Make sure they defend cases in Mesa such as these on a regular basis, and can give you proper legal representation through the criminal justice system. You will need to consult someone who understands what defense strategies will be effective given a particular set of circumstances, and how to build and mount a powerful defense strategy on your behalf. A good Mesa criminal defense lawyer will gather evidence, interview or depose witnesses and the police, look for weaknesses and flaws in the prosecution’s witness statements or evidence, determine if there were any violations of your constitutional rights, and build a strong defense case in an effort to get you the best outcome to avoid a felony conviction.

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Gilbert Criminal Defense Attorney Weapon Charges
“The defense of a Arizona good criminal attorney who defends weapons charges frequently in Gilbert Criminal Justice System will greatly increase your chances of a getting a good outcome in your case.”

Weapon Charges in Gilbert AZ
Gilbert AZ weapons charges including Gun charges are commonly paired with other criminal offenses that occurred involving the weapon or gun. Weapon charges and gun charges can be very serious. If you were arrested or face any type of weapon or firearm charges in Gilbert AZ you should consult an experienced AZ Criminal Defense attorney who defends weapons charges frequently in Gilbert AZ court through the criminal justices system. A Gilbert conviction for a felony weapon charges carry serous consequences, including a jail or prison sentences. Some of the more serious crimes involving weapons for which sentencing will be more severe include but are not limited to the following:

• Unlawful Discharge of a Firearm
• Endangerment
• Aggravated Assault
• Using a Weapon in a Threatening Manner
• Felon in Possession of a Firearm
• Assault with a Deadly Weapon
• Armed Robbery or Burglary
• Possession during commission of other crimes not listed above
Some stand alone Gilbert AZ weapons offenses including guns and firearms include but are not limited to the following and generally classified as Misconduct Charges:

• Prohibited possessor
• Prohibited firearms
• Illegal in possession
• Altered serial number
Gilbert AZ Weapons Defined (not all inclusive)
Dangerous or deadly weapon: Any weapon designed for lethal use, including firearms. Common items such as knives and guns fall under the Arizona definitions. And depending on the circumstances, the law also includes items such as baseball bats or vehicles.

Prohibited weapons: These are weapons that are completely illegal in the state of Arizona which include but are not limited to: short barrel shot guns, grenades, rockets, bombs, poison gas, and nun-chucks.

Firearms: These are defined as any loaded or unloaded gun, pistol, rifle, shotgun, or any other device designed to expel a projectile.

Explosives: dynamite, nitroglycerine, black powder, or plastic explosives.
(Definitions paraphrased from A.R.S. www.azleg.state.az.us)

Arizona Weapon Laws
There are many different types of weapon charges, and situations for which weapon charges may apply. Weapon charges in Arizona are specifically are comprehensive and specifically defined and classified under the State weapons laws. Whether you were arrested for Weapon 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 Law and criminal codes cited below:

“A.R.S. Chapter 31 WEAPONS AND EXPLOSIVES
13-3101 through 13-3120”
(Citations from www.azleg.state.az.us)

Weapon Charges and Gun Charges Defense Gilbert AZ
Weapon Charges are not the type of charges you want to challenge on your own through the Arizona criminal justice system or the maze of procedures and protocols of the Arizona courts. Due to their potentially serious nature, you should contact a Gilbert AZ criminal defense, weapon’s charge defense attorney or attorney who defends weapon charges often in Gilbert criminal justice system and Gilbert courts, frequently, if you have been charged or arrested for any weapon charge. A qualified Gilbert criminal Lawyer will gather and examine all the facts surrounding your case, make sure your constitutional rights have not been violated, tell your side of the story through proper legal channels, present compelling arguments in negotiations, hearings, trials, and through motions to protect you against the works outcome and harshest penalties.
An experienced Gilbert AZ weapon charges defense attorney will do everything possible to challenge and suppress any evidence against you, attempt to get your charges reduced, or dismissed or the otherwise best possible outcome in your case. Every weapons charge case is different and the defenses that will be used may be different. Cases and their outcomes vary greatly depending on the circumstances, strength of the prosecutions evidence and many other factors surrounding the charges.
The defense of a Arizona good criminal attorney who defends weapons charges frequently in Gilbert Criminal Justice System will greatly increase your chances of a getting a good outcome in your case.

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Scottsdale Criminal Defense | Criminal Rights
A good Scottsdale criminal defense lawyer will gather evidence, interview or depose witnesses and the police, look for weaknesses and flaws in the prosecution’s case their witness statements or evidence, determine if there were any violations of your constitutional rights occurred, and build a strong defense case in an effort to get you the best outcome and avoid a felony conviction.
Resisting Arrest Charges in Scottsdale AZ
Resisting arrest charges often are coupled with other violations for which you were initially being detained. If you were arrested or face resisting arrest charges in Scottsdale AZ, you should consult an experienced criminal defense attorney who defends these types of cases frequently in Scottsdale Arizona.

Resisting Arrest Charges in Scottsdale is a blanket over a wide range of violations from running away, using a weapon against a police officer, resisting to be handcuffed, turning and walking away, refusing detention, and a multitude of actions. Further if your actions caused the Officer to get harmed in any manner either accidently or purposefully, you could be facing felony charges.

Arizona Laws – Resisting Arrest
Scottsdale Resisting Arrest charges are governed by Arizona Law A.R.S. 13-2508. The main elements of Arizona resisting arrest are:

• A peace officer acting in an official capacity sought to arrest
• You knew or had reason to know the person was a peace officer.
• You intentionally prevented or attempted to prevent the peace Officer form making that arrest.
• You used or threatened to use physical force or any other substantial risk of physical injury against the peace Officer of another.
• It makes no difference if the attempted arrest was legally justified or not.

A.R.S. 13-2508. Resisting arrest reads in part as follows:
“A. A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace Officer, acting under color of such peace Officer’s official authority, from effecting an arrest by:

1. Using or threatening to use physical force against the peace Officer or another; or
2. Using any other means creating a substantial risk of causing physical injury to the peace Officer or another.

B. Resisting arrest is a class 6 felony.”

Resisting Arrest Penalties
The Scottsdale AZ prosecution takes a firm stance on these matters because it involves a police or peace officer performing their official duties. Such charges allege that you were interfering with those duties. If you are convicted of the criminal charge of Resisting Arrest in Scottsdale you will have a felony conviction resulting in a felony criminal record. The sentencing can be harsh, and include jail or prison time, fines, fees, probation, counseling and whatever else the court deems necessary.

Criminal Defense Lawyer for Resisting Arrest Charges in Scottsdale
You will need a strong Scottsdale criminal defense lawyer who can present compelling arguments regarding your side of the story. You will need a good criminal attorney who defends these types of cases in Scottsdale on a regular basis and can give you proper legal representation through the criminal justice system. You will need to consult someone who understands what defense strategies will be effective given a particular set of circumstances, and how to build and mount a powerful defense strategy on your behalf. A good Scottsdale criminal defense lawyer will gather evidence, interview or depose witnesses and the police, look for weaknesses and flaws in the prosecution’s witness statements or evidence, determine if there were any violations of your constitutional rights, and build a strong defense case in an effort to get you the best outcome to avoid a felony conviction.

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Phoenix Criminal Attorneys
Unlawful Discharge of Firearm Charges Phoenix AZ
Violations of this law, if convicted are harsh. If you have been charged or arrested for discharging a firearm unlawfully within any city limits in Arizona then you should consult with an Arizona criminal attorney who has the experience in defending these types of criminal charges. Arizona aggressively prosecutes most all weapons charges and penalties are especially severe for firing a gun unlawfully.

The Phoenix police are well known for their ability to find and arrest those who discharge a firearm within city limits. Some cities including Phoenix AZ use special equipment designed to alert them to the location from which a shot was fired. Random discharge of firearms occurs often during holidays, or other celebrations. The laws surrounding this charge can be found in A.R.S. 13 -3107. This law is often referred to as “Shannon’s Law” named after an Arizona girl who was shot and killed in 1999 by a randomly fired gun.

Arizona Laws: Unlawful Discharge of a Firearm
The laws surrounding this charge can be found in A.R.S. 13 -3107:
A.R.S. 13-3107. Unlawful discharge of firearms is simply the firing of a weapon in city limits without justification. It is also illegal to fire your weapon during a holiday such as New Years Eve celebration. This if an Arizona felony criminal charge. A.R.S. 13-3107
Reads in part as follows:

A. A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a class 6 felony.

B. Notwithstanding the fact that the offense involves the discharge of a deadly weapon, unless a dangerous offense is alleged and proven pursuant to section 13-704, subsection L, section 13-604 applies to this offense.

C. This section does not apply if the firearm is discharged:

1. As allowed pursuant to chapter 4 of this title.
2. On a properly supervised range.
3. In an area recommended as a hunting area by the Arizona game and fish department, approved and posted as required by the chief of police, but any such area may be closed when deemed unsafe by the chief of police or the director of the Arizona game and fish department.
4. For the control of nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service.
5. By special permit of the chief of police of the municipality.
6. As required by an animal control officer in the performance of duties as specified in section 9-499.04.
7. Using blanks.
8. More than one mile from any occupied structure as defined in section 13-3101.
9. In self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person.

D. For the purposes of this section:
1. “Municipality” means any city or town and includes any property that is fully enclosed within the city or town.
2. “Properly supervised range” means a range that is any of the following:
(a) Operated by a club affiliated with the national rifle association of America, the amateur trapshooting association, the national skeet association or any other nationally recognized shooting organization, or by any public or private school.
(b) Approved by any agency of the federal government, this state or a county or city within which the range is located.
(c) Operated with adult supervision for shooting air or carbon dioxide gas operated guns, or for shooting in underground ranges on private or public property.”

Arizona Criminal Penalties for Unlawful Discharge of a Firearm
Penalties in Arizona for Unlawful Discharge of a Firearm will expose you to incarceration in the Arizona Department of Corrections (prison) or up-to 12 months jail. Additional criminal penalties may include but are not limited to supervised felony probation and fines and other penalties. Due to the severe punishments you potentially face if convicted of this charge, it is important that you retain an experienced criminal defense attorney who frequently defends these types of criminal charges in Phoenix and Maricopa County frequently.

Phoenix Criminal Defense Lawyer for Unlawful Discharge of a Firearm Charges
You will need a strong criminal defense to help defend your Unlawful Discharge of a Firearm charges through the Criminal Justice System. A good criminal attorney will examine all the evidence, interview or depose witnesses or police, and determine what the most effective defense strategy will be needed to mount a successful defense on your behalf. The retention of an experienced Phoenix criminal attorney will substantially increase your chance of getting you the best possible outcome in your case. Early retention of a good Phoenix criminal lawyer, for Unlawful Discharge of Firearm Charges is one of the keys to enable your criminal defense attorney to mounting an effective defense on your behalf.

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Arizona Marijuana DUI Defense
The passing of Medical Marijuana Prop 203 does not affect Arizona’s Drug DUI laws.
The fact that you may be a qualified card holder to use Marijuana (pot, weed, grass, cannabis) does not give you immunity against the strict Arizona DUI laws. If you are stopped by the police and determined to be driving “impaired to the slightest degree” with Marijuana in your system, you may be arrested or charged with an Arizona DUI. If you have been arrested or charged with a Drug DUI or Marijuana DUI you should consult an Arizona drug defense, criminal defense, or DUI lawyer as soon as possible to discuss your Arizona DUI charges and defense options.

Arizona Marijuana DUI Laws
Arizona Law prohibits use of driving a vehicle while “impaired to the slightest degree”, due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict.

Even if you are a certified card holder for Arizona medical Marijuana use, or you have taken any other drug legally prescribed by a licensed physician, or an over-the-counter drug at your local drug store, A.R.S. 28-1381 3.B. will apply. Below are portions of the
Arizona DUI drug laws:
Arizona Revised Statutes
“A.R.S. 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree….

3. While there is any drug defined in section 13-3401 or its metabolite in the person’s body…

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor….”
(Cited in Part: Arizona State Website azleg.state.az.us/)

Arizona DUI with Marijuana Testing | DUI Marijuana evidence
The most common way Arizona police test for DUI with Marijuana is through blood testing and Urine testing. Both are controversial with regard to the test results and may be argued by your marijuana DUI defense lawyer as to whether or not they are admissible or should be suppressed as improper evidence depending on many circumstances. The prosecution will usually insist without justifiable circumstances that the blood or urine testing is accurate and admissible as evidence to use against you. A good Arizona defense Attorney will examine the evidence to determine if a compelling argument can be made to suppress it and file the proper motions.

Arizona Marijuana DUI Penalties
Arizona has some of the toughest laws in the country for Drug DUI and any DUI. Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties, fines, fees or punishments that apply for Phoenix DUI convictions. References are from A.R.S. 28 – 1381, 28-1382, and 28-1383:

• First DUI (non-extreme) .08+ BAC……………… 24 Hours in Jail
• Second DUI (non-extreme) .08+ BAC……………..30 Days in Jail
• First DUI Extreme .15+ BAC ……………………. .30 Days in Jail
• Second DUI Extreme .15+ BAC……………………. 120 Days in Jail
• First DUI Super Extreme .20+ BAC……………….. 45 Days in Jail
• 2nd Super Extreme .20+ BAC……………………..180 Days in jail
• Felony DUI (with aggravated classification)……4 Months in Prison
.
Arizona Marijuana DUI Defense Attorney
The criminal justice system in Arizona is a maze of procedures, protocol, turbulent legislation, and is not empathetic to persons charged with DUI, or DUI with drugs of any kind. The job of the Arizona prosecution is to convict you. They are not there to help you or to examine defense strategies to help you defend yourself. The judge can not do anything to help you unless proper motions and compelling arguments in your defense are presented through the proper legal channels. You will need a strong criminal defense attorney, Arizona DUI lawyer or criminal defense attorney in Arizona. There is too much for you at stake to go unrepresented by a proper Arizona DUI lawyer. They will be the your ally you need to protect your rights, make sure you are treated fairly, defend you, and do everything possible, to try to get your charges dismissed, reduced or the otherwise best outcome in your case.

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TEMPE CRIMINAL ATTORNEY
A good Tempe criminal defense or Tempe 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 Tempe Criminal Court and prosecution. There is no substitute for an experienced Tempe AZ criminal attorney or DUI lawyer who defends cases in Tempe, AZ who is also a skilled litigator.

If you were arrested in Tempe AZ or face criminal or DUI charges s in Tempe you need to retain a Tempe criminal defense attorney or Tempe DUI lawyer 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 Tempe AZ. Most importantly, your Tempe criminal attorney or Tempe 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 Tempe criminal or Tempe DUI charges. An experienced Tempe Criminal Attorney or DUI Lawyer in Tempe will determine the best defense strategy to use, based on the circumstances of your criminal or DUI charges. Your Tempe criminal defense attorney or DUI lawyer in Tempe 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.

WHAT TO EXPECT AFTER BEING ARRESTED IN TEMPE

• Arrest – In order for a Tempe, 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 Tempe 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 Tempe 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 Tempe 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 Tempe
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 Tempe criminal attorney or Tempe 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 Tempe Police or Tempe 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 Tempe criminal defense attorney or trial lawyer in Tempe who is experienced in criminal defense litigation.

Criminal Law Tempe
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 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.

DUI or Criminal charges in Tempe AZ, are governed by the State of Arizona’s rules and criminal codes.

Criminal Attorney Tempe AZ
Your future depends upon a strong defense by a criminal attorney who defends criminal or DUI charges frequently in Tempe Criminal Court. The choice is always yours to retain a criminal or DUI lawyer or not. However, given the harsh laws and punishments for Tempe criminal and Tempe DUI charges it is strongly recommended that you at least consult a criminal defense or DUI lawyer. The cold fact is that the Tempe prosecution is always relieved if the defendant chooses to go unrepresented because it makes their job easier to convict you. If fact, going to Tempe Criminal Court without qualified criminal attorney or DUI lawyer is certain to “fast track” a Tempe DUI or criminal conviction.

Some feel the Tempe 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 Tempe criminal attorney or DUI lawyer who defends cases frequently in Tempe, 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 Tempe criminal defense or Tempe 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 Tempe 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 Tempe court will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.

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Contact Information
4500 S Lakeshore Dr #352
Tempe, AZ 85282
Phone: (480) 413-1499Text: (602) 908-8123

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