Articles Tagged with Law Articles

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

After your Maricopa County DUI or Criminal arrest and detention you will be required to have an initial appearance before that particular court in Maricopa County. The Maricopa County 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 Maricopa County Court Judge 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 $950,000.00 bail bond in order to be released from custody (truly outrageous…but just to make the point). 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 Maricopa County Courts 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 Maricopa County 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 Maricopa County police custody. This legal defense service by your private attorney is usually done as part of the entire retention and formal defense process.

Examples of modifications your Maricopa County 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 Maricopa County Court Judge.

When you discuss your case and initial release conditions with your Maricopa County 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 Maricopa County criminal defense attorney will immediately formulate compelling arguments and file the appropriate motions with the Maricopa County 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 Maricopa County frequently significantly increase in your favor.

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CRIMINAL DEFENSE TEMPE AZ

Only with representation by a qualified Arizona criminal defense attorney, will you have a chance at avoiding a conviction, getting a case dismissal, reduced charges, “not-guilty verdict”, reduced sentencing or other favorable outcome in your case.

Tempe AZ robbery charges are classified as Class 4 Felonies under Arizona criminal code A.R.S. 13-1902. If you face robbery charges in Tempe, AZ you will need to consult an experienced felony lawyer who defends Tempe robbery charges on a regular basis. Top criminal defense lawyers in Arizona agree in most cases that you should defend your charges, plead “not guilty”, and hire a good Arizona criminal attorney who defends Tempe AZ robbery charges to defend your case as soon as possible. Most people feel, have too much to lose to be convicted of an Arizona felony charge.

Tempe AZ Felony Laws for Robbery
A.R.S. 13-1902 State Laws for Robbery are described below: (cited in part and paraphrased for legal ease and additional explanation)

A. Someone property was stolen; and
B. The owner or permissive caretaker, or other authorized party overseeing the property (such as a sales representative at a convenient store) was present at the time of this theft;
C. The property was stolen forcefully against the owner’s or authorized person’s will;
D. The accused intentionally used threat, intimidation, or force, against the victim to gain control of it, thus causing the person (s) to surrender the property to the defendant against their will.

Robbery Sentencing
Sentencing for conviction of Tempe AZ robbery charges is harsh. It may include incarceration with sentences not to exceed 3.75 years in State Prison; extended jail time for up to one year; restitution for the victim’s medical bills, property damage, return and/or restitution of the stolen property; supervised probation; mandatory counseling; and a felony on your criminal record that will follow you for years. Other Factors the judge will consider before sentencing include the defendant’s prior criminal record, repeat offenses, nature of robbery, monetary value and number of items stolen.

Robbery Attorney – Criminal Attorney Tempe AZ for Robbery Charges
Arizona prosecution of Tempe AZ robbery charges is aggressive. To defend your Tempe robbery charges you will need an experienced criminal attorney to fight for you. Only with representation by a qualified Arizona criminal defense attorney, will you have a chance at avoiding a conviction, getting a case dismissal, reduced charges, “not-guilty verdict”, reduced sentencing or other favorable outcome in your case. Be sure to hire a good Tempe felony defense attorney who defends robbery charges frequently and understand the Arizona criminal justice system, and defense strategies that can be used based on the circumstances of your case.

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Failure to retain legal representation by an experienced private practice criminal attorney who defends Mesa robbery charges in Arizona will almost always result in conviction.

Mesa AZ robbery charges are considered a Class 4 Felony under Code A.R.S. 13-1902 of Arizona Criminal Law. If you were arrested for robbery in Mesa, AZ you will need to consult good AZ felony attorney who defends felony charges in Mesa AZ regularly. The best criminal lawyers in Arizona agree in most cases that you should initially plead “not guilty” and hire an experienced Arizona criminal attorney who defends Mesa AZ robbery charges to defend your case.

Felony Charges | Robbery Laws | Mesa Arizona
A.R.S. 13-1902 Robbery applies when the following events occur:
A. Someone else’s property was stolen ); and
B. The owner or permissive caretaker, or other authorized party overseeing the property (such as a sales representative at a convenient store) was present at the time of this theft;
C. The property was stolen forcefully against the owner’s or authorized person’s will;
D. The accused intentionally used threat, intimidation, or force, against the owner or custodian of the property to gain control of it, causing the person or authorized party to surrender the property to them against their will.

Robbery Sentencing
Sentencing for robbery in Arizona is harsh. If convicted of Mesa robbery charges, sentencing may include incarceration in state prison with sentences not to exceed 3.75 years; jail sentence up to one year; fines; restitution for the victim’s medical bills, property damage, and stolen property; probation; mandatory counseling; and whatever else the judge feel is necessary based on the facts surrounding your charges. Factors in sentencing by the judge if convicted include any prior criminal record, repeat offenses, nature of robbery, monetary value and number of items stolen.

Robbery Attorney – Criminal Defense for Robbery
Arizona takes a hard line in pursuit of convictions for Mesa AZ robbery charges. If you face Mesa robbery charges, you will need a highly experienced criminal attorney to defend you. Only through qualified legal representation will you gain the best chance at getting a case dismissal, charge or sentencing reduction, or good outcome in your case. Be sure to hire a good felony defense attorney who defends Mesa AZ robbery charges regularly. A good criminal lawyer or defense firm will make sure your rights are not violated; you are treated fairly; and build and mount a strong defense case on your behalf.

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By: James Novak, Phoenix DUI & Criminal Defense Lawyer
1) If you have Arizona criminal or DUI charges you should not consult a personal injury or real estate attorney for help: Be sure your consultation is with an Arizona criminal defense or DUI defense attorney. They are the most familiar with the laws, defenses, and constant changes in Arizona criminal Law.

2) Just the facts: Stick to the facts of your criminal or DUI charges. A busy attorney has active retained cases from people who have hired them that need attention. They do not have time to discuss the weather or politics unless they are directly relative to your Arizona criminal or DUI charges.

3) Breathe: Yes Breathe. Many people accused of a crime are so anxious to tell their story to someone who will listen and side with them, that they don’t pause to give the criminal or DUI lawyer a chance to speak. Most Attorneys are very good listeners. They are trained and have experience in defense and litigation. As part of the consultation process, they need certain details or information they are looking for in order to help you and proceed with your consultation. If you are doing all the talking, without allowing them to speak, you may miss some very important information, interjections, or questions they have to provide you with the most accurate and useful consultation regarding your criminal charges and defense options. .

4) Answer the Attorney’s questions: The attorney may ask you questions such as date of birth, citizenship status, prior criminal or DUI history, city of arrest, city of residence, reason for the DUI stop, or other charges relating to your charges. They are asking certain questions for good reasons in order to help you. The answers to the questions may relate to the court process that will take place, what the prosecution will be looking for, and defense strategies they may be able to use to defend your case relating to the charges, They will also ask this information to assist them in determining the appropriate quote to give you regarding their fees for retention or other reasons relating to your defense.

5) Make sure you Speak directly with an Attorney: Some firms screen cases through other legal support staff or sales representatives. Find out in advance who you are or will be speaking with for your initial consultation. Consulting with a criminal or DUI attorney will be in a position to provide you the most accurate and beneficial information related to your charges and defense options. If you are not given the opportunity to speak with the attorney who will be representing you, it is wise to seek other defense counsel.

6) Don’t just call around looking for fee Quotes: Often times, people just call one attorney after another for quotes in general. And that is all they want to know. By doing this, they are missing out on very important information that could help them. Further, it is not always possible for the attorney to provide a quote without getting relative facts from you. Also, following your consultation, many attorneys will be willing to negotiate reasonable prices to assist you in retaining them especially if you are having financial hardship. Finally, there is a lot more to consider when hiring an attorney besides their prices. You should consider defense experience, education, training, credentials, and get an idea of what they can do for you. If you hire someone strictly on pricing, without finding anything out about the attorney, you may find you have made a grave mistake that will cost you your freedom and future.

7) Tell the Truth. Sometimes people make the mistake of with holding information surrounding the severity or number of charges instead of all of them, their criminal history, or what phase in the criminal law process they are currently engaged in. Their motivation is to get a “lesser quote”. But by doing this you will do more harm to your defense than good. First, you have compromised the trust of a potential attorney from the start. Next, a good Arizona criminal attorney or DUI lawyer will find out the truth, (sooner than later) whether you tell them or not. In that case, they will have the right charge you the proper amount needed to hire and defend the case. It is better to be honest from the start regarding such things as past criminal record, amount and severity of charges. Also if you have or had a different attorney currently, it is unethical for a criminal or DUI attorney to discuss details of your case. One exception to this is if you have a genuine desire to change attorneys and hire a new one. If that is the case, you need to provide this information as soon as possible. However, keep in mind that if a case is too far into the criminal justice process such as having been set for trial, many attorneys will decline to come on board to represent you.

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GILBERT AZ CRIMINAL ATTORNEYS

To defend your Gilbert robbery charges you will need an experienced criminal attorney to defend you. A good Gilbert AZ criminal defense will make sure your rights have not been violated; you are treated fairly; build and mount a strong defense case.

Gilbert AZ robbery charges are classified as Class 4 Felonies under Arizona criminal code A.R.S. 13-1902. If you face robbery charges in Gilbert, AZ you will need to consult a good felony defense attorney who defends Gilbert robbery charges often. Top criminal defense lawyers in Arizona agree in most cases that you should defend your charges and plead “not guilty”. You should as hire an experienced Arizona criminal attorney who defends Gilbert AZ robbery charges to defend you as soon as possible. One key to a winning defense is early retention. You have too much to lose when it come of Arizona Felony charges to let the Arizona prosecution take you on a fast track to conviction without opposition of a qualified defense firm or criminal defense attorney.

Felony Charges | Robbery | Gilbert Arizona
A.R.S. 13-1902 State Laws for Robbery are described as follows (cited in part and paraphrased for legal ease and additional explanation):
A. Someone property was taken; and
B. The owner or permissive caretaker, or other authorized party overseeing the property (such as a sales representative at a convenient store) was present at the time of this theft;
C. The property was stolen forcefully against the owner’s or authorized person’s will;
D. The accused intentionally used threat, intimidation, or force, against the victim to gain control of it, thus causing the person (s) to surrender the property to the defendant against their will.

Robbery Sentencing
Sentencing for conviction of Gilbert AZ robbery charges is severe and generally unwavering. Sentencing may include incarceration with sentences not to exceed 3.75 years in State Prison; extended jail time for up to one year; restitution for the victim’s medical bills, property damage, and return or restitution for the stolen property; supervised probation; mandatory counseling; and a felony on your criminal record that will follow you for years. Other Factors the judge will consider before sentencing include the defendant’s prior criminal record, repeat offenses, nature of robbery, monetary value and number of items stolen.

Robbery Attorney – Criminal Attorney Gilbert AZ for Robbery Charges
Arizona pursues prosecution of Gilbert AZ robbery charges aggressively and to the fullest extent of the law. To defend your Gilbert robbery charges you will need an experienced criminal attorney to fight for you. Only through with qualified legal representation will you have a chance at avoiding a conviction, getting a case dismissal, reduced charges, “not-guilty verdict”, reduced sentencing or other favorable outcome in your case. Be sure to hire a good felony defense attorney who defends Gilbert AZ robbery charges frequently and understand the Arizona criminal justice system as it relates to felonies and robbery charges.

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By: James Novak, Phoenix DUI & Criminal Defense Lawyer
Due to ethical practices, this author will not be throwing any peers under the bus or name dropping. Even better however, you will get tips and tools to help you identify, good Arizona criminal defense Attorneys and DUI lawyers from those who should think twice about before hiring. The ordeal of a DUI stop or criminal arrest is traumatic for most people. The last thing you need, is to be taken advantage of, adding insult to injury. Here are examples of 5 red flags that should alert you, to seek another criminal or DUI lawyer’s services for your Arizona criminal charges.

1) An Attorney out of state who is not licensed to practice law in Arizona.
If you have Arizona criminal or DUI charges, you need to hire an attorney in good standing who is licensed to defend cases in Arizona, for many reasons. To name a just a few: Criminal and DUI laws and penalties are some of the most severe in the country. The laws are turbulent and constantly changing. You need to hire someone who is well versed and familiar with the laws and the criminal justice system in Arizona.

2) An Attorney who “guarantees” they can get your DUI or Criminal charges dismissed. No attorney has a crystal ball. No attorney can tell you before retention, examination, and due criminal law process, what the outcome will be. And certainly no attorney can predict in advance what a jury will decide. . Anyone who guarantees an outcome to lure you into to hire them is giving you false hope, which is cruel and unethical.

3) An Attorney who tells you all DUI charges are “standard” and will result in the same outcome. This could not be further from the truth. All DUI & criminal cases have their own unique set of circumstances. Depending on the facts, the laws, the attorney who is defending you; defense strategies used; the strengths and weaknesses of the prosecution’s case; and much more, determines the outcome in a case. DUI and criminal charges get dismissed every day in Arizona. Some of the charges and sentences can be reduced. Some defendants enter negotiated agreements which can have a variety of terms. Every case is different, and there are many possible outcomes.

4) An Attorney who uses “scare tactics”. There is big difference between giving you factual information related to your charges and the criminal law process, v. trying to scare you into hiring them. After your consultation or hiring of an attorney you should feel confident that you are in good hands and that you have hired a competent AZ DUI and criminal attorney who will fight vigorously for your rights and freedom. You should feel a sense of trust and peace of mind- in their competence. You should never feel that if you don’t hire that particular attorney you will get the maximum sentencing allowed by law. Enough said.

5) An Attorney who charges high fees tells you that if another Attorney charges lower fees, they are less competent or will do less work on your case. Wrong, wrong, wrong again. There are no official governing entities dictate how much attorneys can charge in Arizona. You will get a wide range of quotes low to high. What AZ criminal and Dui Attorney’s charge is not a reflection of their competence, or how hard they will work to defend your case. Some of the best Arizona DUI lawyers charge some of the lowest fees and have for years. There are many reasons for this including, the law firm’s operating costs, staffing needs, advertising expenses, size of the firm, competition, location, and more. Arizona has no shortage of qualified, experienced criminal and DUI attorneys who can provide you with a solid and effective defense at an affordable price.

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Arizona criminal Lawyer provides insight into Criminal Defense for Theft Charges in Arizona

If you face felony theft charges in Arizona it is important that you contact Arizona criminal attorney who defends charges in the jurisdiction where you were arrested or received charges. Felony theft charge convictions can result in severe penalties, incarceration, in prison or jail, large fines, mandatory restitution and other punishments added as the court deems necessary based on the facts. You may have defenses that can be used to help you avoid a conviction. The best Arizona criminal attorneys agree you’re your chances of getting you’re AZ theft charges dismissed or reduced increase significantly if you retain an experienced Arizona criminal defense attorney.
Arizona Theft Defenses Based on Theft Laws in Arizona
Arizona theft laws begin with A.R.S. 13-1801 and A.R.S. 13-1802 and can be found at the azleg.state.az. Arizona Revised Statutes website. This discussion surrounds excerpts of the law cited in part from A.R.S. “13-1802. Theft; classification which reads in part as follows:

“…A. A person commits theft if, without lawful authority, the person knowingly…: 1. Controls property of another with the intent to deprive the other person of such property… B. A person commits theft if, without lawful authority, the person knowingly takes control, title, use or management of a vulnerable adult’s property while acting in a position of trust and confidence and with the intent to deprive the vulnerable adult of the property….”

It is a comprehensive of a definition. But from a defense standpoint emphasis was added to the words “knowingly” and “intent”. In order to get a conviction the Arizona prosecution will need to prove that you knowingly and intentionally committed the theft. This is just one of many defenses that experienced criminal defense attorneys in Arizona will use to build an effective defense on your behalf. Depending on the circumstances of your case, a good private practice criminal lawyer will recognize other defenses and present compelling arguments on your behalf.

Felony Theft Penalties Arizona
Felony Theft Penalties are determined based on classification of the felony. Felony theft classification is based on the dollar amount or value of the stolen property or service summarized below:

• $25 000. or more = Class 2 Felony;
• $4,000. or more but less than $25,000.00 = Class 3 Felony;
• $3,000. or more but less than $4,000. = Class 4 felony;
• Theft of a vehicle engine or transmission is a Class 4 felony, regardless of the value of that vehicle, engine or transmission;
• $2,000. or more but less than $3,000 = Class 5 felony;
• $1,000. or more but less than $2,000.00 = Class 6 felony;
• Less than $1,000. = Class 6 felony if the stolen property is a firearm or an animal stolen with the intent of using it for animal fighting (A.R.S. 13-2910.01 violation)

If the stolen property or service value is equivalent to $100,000.00 or more the defendants will not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as pursuant under section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

Criminal Defense Attorney in Arizona
Arizona felony theft charges have many facets which need to be evaluated by an experienced criminal lawyer to determine from what front the charges may be challenged. A good criminal lawyer in Arizona will know how to use the Arizona Laws to your defense advantage. They will guide you through the criminal law process, while looking for every opportunity to strengthen your defense, challenge evidence, and weaken the prosecution’s case against you. Due to the severity of penalties for felony thefts it is imperative to be defended by an experienced private practice Arizona criminal attorney if you wish to have any chance for success at defending your charges, getting a case dismissal, reduction of charges, sentencing or good outcome in your case.

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Law Article Written By: James Novak, Phoenix DUI & Criminal Defense Lawyer
If you are charged with a crime or DUI in Arizona, you should consult a good Arizona Criminal Defense or DUI Attorney. Many do not know where to start or what to look for when to hire a good DUI or criminal attorney. Consequently, they may hire the one lease expensive thinking will produce the same outcome, so why pay more? Or to the contrary some feel if they higher the most publicized or expensive DUI and Criminal Defense attorneys they will get a better outcome. Neither perception is true.

Some of the best Arizona criminal and DUI defense attorneys are Law Firms who charge the most affordable price and can get you the same or better outcome. And some of the most expensive attorneys simply “go through the motions” and do little to protect your rights or fight for your defense. In the latter scenario, the final product results in a losing and unfavorable outcome. The best qualified Arizona criminal defense and DUI lawyers agree that there are far more factors to consider than price. There are more factors to consider when choosing an attorney if you are facing AZ criminal or DUI charges. So below are some important questions to ask and answers to consider:

• Are they familiar with constantly changing Arizona Laws and penalties?
• What forum or resources do they use to keep updated on these changes?
• Are they licensed with the Arizona State Bar to practice criminal and DUI defense in Arizona?
• How long have they resided in Arizona?
• How long have they defended criminal and DUI charges in Arizona?
• Approximately how many cases have they defended relating to your particular charges (assault, DUI, Theft, etc)?
• Are they familiar with utilizing criminal and DUI defense strategies that apply to your charges?
• How long they have been practicing Criminal and DUI defense?
• How experienced are they in trial and litigation?
• Approximately how many trials have they done?
• What was the outcome of those trials?
• Is their Law practice exclusive to Criminal and DUI Law?
• Have they been former prosecutors?
• Do they have a proven track record of success?
• Are they good litigators?
• Can they examine the evidence to build and mount the best defense?
• Do they regulate their case load to make sure they can put the time and effort needed to labor over building and mounting the best defense for you?
• Who will be handling the details and events of your case from start to finish? If a different attorney at that law firm will be handling your case, you want to make sure you meet them and ask them the same questions.
• Are they strong enough to challenge the prosecution’s case or evidence against you?
• Will they be available to answer your questions and guide you through the processes?
• Will they over turn every item of evidence to look for weaknesses in the prosecution’s case?
• Will they be able to present compelling arguments and file motions with the court, and educate the judge, prosecution and jury about your side of the story?
• How often have they defended cases in that particular court you are required to appear in Arizona?
• Are they familiar with the judge, prosecution, procedures, and stringent time-lines?
• Have you read reviews on the internet about the quality and effectiveness of their defense?
• Has anyone you know and trust referred them to you?
• Are their fees affordable and competitive in relation to others in the jurisdiction for which you face charges?
• Can you comfortable with communicating with them?
• Are they directly assessable?
• Are they respected and reputable in the community?
• Did you feel confident after your consultation that this DUI or criminal Attorney will give you the best defense possible?

This is just a sample list to consider when looking for a good AZ criminal or DUI attorney, but this should paint the picture. A good defense attorney will gladly answer these and any other questions you have to your satisfaction. If not, or you do not fee that comfort level, then talk to other criminal or DUI attorneys in Arizona until you do. You are the employer in this case. It is only prudent that you ask the right questions and get the answers you need to hire the best Criminal or DUI attorney to defend your case.

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By: James Novak, Phoenix DUI & Criminal Defense Lawyer
1) Myth- Arizona Judges do not like when you hire a DUI defense attorney and it will result in less leniency.

FALSE – In fact, the majority of judges in Arizona prefer when the defendant hires a DUI defense Attorney. It makes their job easier. The judge will not have to take time and energy explaining things, and making sure the defendant understands the rules and protocol.

2) Myth – You will get the same end result if you do not hire an attorney, then if you retain an attorney to defend your charges.

FALSE – Going to court unrepresented is a fast track to a DUI conviction. Hiring a criminal or DUI defense attorney will significantly increase your chances of getting your case dismissed, charges and sentencing reduced or a much better outcome in your case than if you were to go unrepresented. The Arizona criminal justice system is a complicated maze of procedures, protocol, with strict and changing laws. The best criminal attorneys in Arizona agree that only by retaining a good DUI or criminal defense will your chances of getting your charges dropped or an acquittal increase. You will need a DUI attorney who can build and mount and present the best defense strategies on your behalf.

3) Myth – It is better to hire an attorney who charges higher “global” fees that includes trial v. an attorney who charges a lower flat fee for all pre-trial services and a lower second tier fee for trial.

FALSE – Top Attorneys and Law Firms have a difference of opinion in this matter. This author believes that it is not the best fee structure for all defendants in every situation. In the state of Arizona only about 2% to 3% (give or take a percentage over time) of DUI or criminal cases actually go all the way to trial. This means that 97% to 98% are dismissed or resolved through plea agreements before trial. So if your charges are dismissed or resolved before trial, the attorney keeps the trial fee, rather refunding you the unused trial portion.

4) Myth – If an attorney charges a higher price, he is a better attorney than one who charges a lower amount.

FALSE – There are no governing entities that regulate attorney fees or how much they charge for a particular service. Thus you will get quotes in vary wide low to high ranges for the same charge. Some DUI Attorneys charge simply for they estimated work time needed to defend the case. Many have been charging the same prices for decades. The Attorneys or Law firms must take into account their advertising, and operation costs needed to run their Law Firm. Those attorneys many tend to require a higher fee for service. There are some attorneys who feel they are justified in charging higher fees because they have more experience, training or education. But the fact that they perceive themselves in that fashion does not always make it true.

5) Myth – DUI or criminal defense attorney in Arizona you consult before hiring can guarantee your case will be dismissed or charges dropped.

FALSE – And raise the red flags. If a DUI or criminal defense attorney guarantees your case can be dismissed, run…don’t walk the other way. There are many reasons DUI attorneys can not guarantee an outcome, especially a dismissal. First, they do not have a crystal ball. Second, ever case is different and presents it’s own unique set of circumstances. Third, all the evidence must be examined including #911 recordings, report, field sobriety test results, breath test results, police procedures, constitutional rights issues, reason for the stop, witness statement, the law and defenses that can be used surrounding your individual circumstances. Fourth, if your case goes to trial, no one can predict their decision. There are many other reasons, but this should be enough to paint the picture of the myth is false.

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Winning Defense Arguments used by top rated Maricopa County DUI or Criminal Defense Attorneys to Modify Release Conditions in your favor.

You or someone on your behalf should consult a criminal or DUI defense lawyer in Scottsdale as soon as possible if you have been arrested or taken into custody. Here is just one reason why: Following your arrest for DUI or other Criminal Charges in Maricopa County you will remain in police custody until you appear before the Maricopa County Court Judge who will read you your formal complaint, rights, and pre-trial release conditions.

The Maricopa County Court Judge’s release conditions should meet the standard of A.R.S. Criminal code Rule 7 requirement of “onerous” (or the least burdensome) initial pre-trial release conditions based on your charges and factors that surround it. If these initial release conditions are too harsh, or unreasonable, you should retain the services of an experienced criminal lawyer who defends criminal, Drug, or DUI charges in Maricopa County. Your Maricopa County Criminal defense Attorney can file an immediate motion while you are still in custody, to modify your release conditions. They will present compelling arguments, and remind the Maricopa County Judge, and prosecution of the Arizona Rule 7 “onerous” standards. The intent of the standard is that it is of a necessary nature only to secure attendance at future court appearances or trial, and that based on the charges, your release does not pose a threat or harm to the community.

Below are 10 of many arguments your attorney may use and the Maricopa County Court will consider in your defense if they apply, in order to honor your Maricopa County criminal attorney’s request to modify your release conditions. This list is not all inclusive:

1) You have a serious medical condition or disability that requires special or constant medical attention or treatment.
2) Financial hardship that will be imposed upon your family, especially if you are the sole provider.
3) Lack of anyone to care for your children while you are in custody, especially if you are a single parent with no other alternatives for their care and supervision.
4) You are the sole care giver to a disabled, ill or elderly family member.
5) Longevity of your residence in Arizona. Strong ties to your family, home, job, in order to illustrate that you are not a “flight risk”.
6) Name and relationship of another responsible, stable person to whom you can be released to for supervision, who will assure your attendance at future court appearances for which you are required to attend.
7) Your willingness to give up any passports that would allow you to flee the United States, or some other type of assurance that you are not in a position to leave the state of Arizona.
8) Lack of financial resources to make bail.
9) You have no prior criminal record or convictions.
10) Nature of the charges for which you were arrested, were not violent. You did not harm or intend to harm anyone. And your release from police custody does not pose as threat to society.

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