Articles Tagged with Law Articles

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Winning arguments used by experienced criminal Attorneys to request modification of your pre-trial release conditions from Scottsdale AZ Custody.

Following your arrest for DUI or other Criminal Charges in Scottsdale AZ you will remain in police custody until you appear before the Scottsdale Court Judge who will read you your formal complaint, rights, and pre-trial release conditions.

The Scottsdale Court’s release conditions should meet the standard of A.R.S. criminal code rule 7 which requires the Judge to issue orders that are the least “onerous” (or the least burdensome) initial pre-trial release conditions based on your charges and factors that surround it. If you feel the release conditions are too harsh, or unreasonable in nature, you should retain the services of an experienced Scottsdale criminal lawyer. Your Scottsdale Criminal 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 Scottsdale Judge, and prosecution of the Arizona rule 7 “onerous” standard. 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 factors the Scottsdale Court will consider in your defense in order to honor your Scottsdale criminal attorney’s request to modify your release conditions. This list is not all inclusive:

1) Medical conditions or disabilities that require special or constant medical attention or treatment.
2) Financial hardship your family will suffer, if you are the sole provider.
3) Lack of anyone to care for your children while you are in custody 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 or ill family member.
5) Length of residence in Arizona and your strong ties to your home, job, family life in Arizona to argue that you are not a “flight risk”.
6) Name and relationship you have to another stable and responsible person to whom you can be released to, and 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.
8) Lack of financial resources to make bail.
9) You have no prior criminal record or convictions.
10) Nature of your crime was not violent, you did not harm or intend to harm anyone and your release does not pose as threat to society.

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How Good Phoenix Criminal Attorneys get your Pre-trial Release Conditions Modified

Following your arrest and detention you will have an initial appearance before the Phoenix Court Judge. At this time, the Phoenix Court judge will advise you of your pre-trial release conditions. The Judge will let you know if and upon what conditions your release will be allowed. This includes if bail will need to be posted and the bail amount. The judge will also tell you if you are bondable or not. The judge considers many factors before making this decision including classification, misdemeanor or felony, severity of the crime, prior criminal history, flight risk potential and many other factors.

If you feel your release conditions are too harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney who will immediately file a motion to request modification of your pre-trial release conditions Therefore, if you have been arrested in Phoenix, you or someone on your behalf should consult an Arizona criminal defense attorney who defends criminal charges in Phoenix AZ on a regular basis as soon as possible to discuss your charges, defense options, and modification of your pre-trial release conditions from custody in Phoenix AZ.

Modifications your attorney requests depends upon what release conditions were ordered by the judge. Some modifications your Phoenix Criminal Attorney may request include but are not limited to lowering the bail bond to a reasonable amount; allowing you to be released on your own recognizance; allow an appearance bail, or allow you to be released to home confinement with ankle bracelet security.

When you meet with your Attorney who will be defending your criminal charges and requesting modification of your release conditions, be sure you communicate in detail your concerns about the initial orders and how they will impact you, your family, your job, your financial situation. Your attorney will then formulate compelling arguments and file the appropriate motions with the Phoenix court on your behalf.

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CRIMINAL DEFENSE FOR ROBBERY CHARGES ARIZONA
How Top Rated Criminal Attorneys Defend Robbery and Armed Robbery Charges in Arizona
Arizona Robbery or Armed Robbery Charges
Arizona robbery and armed robbery offenses are prosecuted very aggressively. If you face active charges or were arrested in Arizona for robbery or armed robbery you should consult an experienced Arizona criminal defense attorney who defends cases in the Arizona Court as soon as possible to defend your charges.

The difference between burglary and robbery is that the act of burglary is an offense of forced entry or unlawful entering a building, residence, business or vehicle with the intent to commit or comment a felony theft within the structure.

All Arizona robberies or armed robberies are charged as felonies. A crime is considered a robbery when the accused uses force, intimidation, or fear as a means of taking control of certain property from someone.

Armed Robbery is the same as robbery, with the added factor of the accused being armed with a weapon such as a firearm, or other weapon to gain control of the property from a person or place. Many objects can constitute a weapon and fall within the category of “armed robbery”. For example a broken glass bottle, a baseball bat, knife, or other objects which may or may not have been made for its intended use as a weapon.

Robbery or Armed Robbery Penalties Arizona
Arizona Robbery and armed robbery charges must be taken serious. The penalties are severe and convictions treated with harsh sentencing in the Arizona courts.
If you are convicted of a “dangerous crime” (this is the case if a dangerous weapon is involved or used) the judge will order mandatory prison terms. If weapons are involved, someone is harmed, or even imminent threat of harm occurred, penalties can be doubled form the normal non-dangerous felony sentence range. Robbery sentencing carries a wide minimum and maximum range from 1 year up to 21 years or more in prison depending on the circumstances of each criminal count charged for the incident. Other fines, fees, restitution, or any other punishments the court deems necessary on top of minimum penalties may apply.

Arizona Laws – Robbery and Armed Robbery
Arizona Revised Statutes (A.R.S.) Title 13, Chapter 19, Robbery begins with the following citations:

13-1901 Definitions:
In this chapter, unless the context otherwise requires: 1. “Force” means any physical act directed against a person as a means of gaining control of property. 2. “In the course of committing” includes any of the defendant’s acts beginning with the initiation and extending through the flight from a robbery. 3. “Property of another” means property of another as defined in section 13-1801. 4. “Threat” means a verbal or physical menace of imminent physical injury to a person.

13-1902. Robbery; classification
A. A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will; such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property. B. Robbery is a class 4 felony.

13-1903 Aggravated Robbery
A. A person commits aggravated robbery if in the course of committing robbery as defined in section 13-1902, such person is aided by one or more accomplices actually present. B. Aggravated robbery is a class 3 felony.

13-1904 Armed Robbery
A. A person commits armed robbery if, in the course of committing robbery as defined in section 13-1902, such person or an accomplice: 1. Is armed with a deadly weapon or a simulated deadly weapon; or 2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon. B. Armed robbery is a class 2 felony.”
Arizona Robbery or Armed Robbery Defense Tactics | Criminal Defense Attorney
If you are under investigation, been arrested, have active charges of Robbery or Armed Robbery in Arizona, you should immediately consult an Arizona criminal defense or Arizona Robbery or Armed Robbery lawyer to discuss your situation and defense options. You should not discuss your case the police or investigators before consulting a good criminal defense attorney or Robbery or Armed Robbery lawyer in Arizona. Anything you say can be held against you and jeopardize your defense. You should remain silent and politely request to speak with your criminal attorney as soon as possible.

Top Arizona criminal attorneys or Robbery or Armed Robbery defense Attorneys may use a multitude of defenses depending on the circumstances surrounding your Arizona robbery charges or arrest. Below are just a few examples of defenses a good Arizona criminal attorney might use as tactical defense strategies for robbery charges (This list is not inclusive):

• There are generally only a few witnesses to a robbery or armed robbery if any besides the victim. A good robbery or armed robbery defense attorney will challenge the State and make them prove the identity of their suspect, and thus be able to weaken the Arizona prosecution’s case against you.
• You have constitutional rights under both State and Federal Law. If any of them were violated, evidence may be suppressed or even lead to charge dismissal.
• Experienced Attorneys, particularly former prosecutors, have critical insights into police procedures, protocol, prosecution tactics and strategies that may be used by police and prosecutors. Those attorneys will be able to use that knowledge to assist in defending your case, getting evidence dismissed, charges reduced, or robbery charges dismissed if proper procedures were not followed or misconduct by police occurred.
• Experienced robbery defense attorneys will challenge evidence such as surveillance tapes to with regard to whether or not it was in fact the right person arrested.

In sum, robbery or armed robbery charges in Arizona are risky to go at alone as far as trying to defend your self without qualified criminal legal representation through the criminal justice system. In theory, the laws state that you are “innocent until proven guilty”. But in practicality, without a good Arizona criminal defense attorney, the police and prosecution will not look for your innocence, flaws in the prosecutions case, see strength in your arguments, or bother to listen to your story without the formal defense of an Arizona Criminal Defense Attorney. The prosecutions job is to convict you. The judge will not provide empathy or favor. The judge will rarely if ever show you favor or empathy to dismiss your case. They must comply with the procedures and protocol required by standards in the Arizona Courts. They can only ruling on legal motions, presentation of legal arguments through recognized channels, or follow the jury verdict if trial ensues.

With an experienced criminal defense attorney or robbery defense lawyer you will have a voice that is heard in the system, with compelling arguments, defense strategies, and an increased chance of getting your robbery charges dismissed, reduced, or otherwise the best outcome in your case.

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ROBBERY CHARGES – SCOTTSDALE CRIMINAL DEFENSE
How Top Rated Criminal Attorneys Defend Scottsdale Robbery and Armed Robbery Charges
Scottsdale AZ Robbery or Armed Robbery Charges
Scottsdale robbery and armed robbery offenses are prosecuted very aggressively. If you face active charges or were arrested in Scottsdale, AZ for robbery or armed robbery you should consult an experienced Arizona criminal defense attorney who defends cases in the Scottsdale Court as soon as possible to defend your charges.
The difference between burglary and robbery is that the act of burglary is an offense of forced entry or unlawful entering a building, residence, business or vehicle with the intent to commit or comment a felony theft within the structure.

All Arizona robberies or armed robberies are charged as felonies. A crime is considered a robbery when the accused uses force, intimidation, or fear as a means of taking control of certain property from someone.

Armed Robbery is the same as robbery, with the added factor of the accused being armed with a weapon such as a firearm, or other weapon to gain control of the property from a person or place. Many objects can constitute a weapon and fall within the category of “armed robbery”. For example a broken glass bottle, a baseball bat, knife, or other objects which may or may not have been made for its intended use as a weapon.

Scottsdale Robbery or Armed Robbery Penalties
Arizona Robbery and armed robbery charges must be taken serious. The penalties are severe and convictions treated with harsh sentencing by the Scottsdale courts.
If you are convicted of a “dangerous crime” (this is the case if a dangerous weapon is involved or used) the judge will order mandatory prison terms. If weapons are involved, someone is harmed, or even imminent threat of harm occurred, penalties can be doubled form the normal non-dangerous felony sentence range. Robbery sentencing carries a wide minimum and maximum range from 1 year up to 21 years or more in prison depending on the circumstances of each criminal count charged for the incident. Other fines, fees, restitution, or any other punishments the court deems necessary on top of minimum penalties may apply.

Arizona Laws -Robbery and Armed Robbery
Arizona Revised Statutes (A.R.S.) Title 13, Chapter 19, Robbery begins with the following citations:

13-1901 Definitions:
In this chapter, unless the context otherwise requires: 1. “Force” means any physical act directed against a person as a means of gaining control of property. 2. “In the course of committing” includes any of the defendant’s acts beginning with the initiation and extending through the flight from a robbery. 3. “Property of another” means property of another as defined in section 13-1801. 4. “Threat” means a verbal or physical menace of imminent physical injury to a person.

13-1902. Robbery
A. A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will; such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property. B. Robbery is a class 4 felony.

13-1903 Aggravated Robbery
A. A person commits aggravated robbery if in the course of committing robbery as defined in section 13-1902, such person is aided by one or more accomplices actually present. B. Aggravated robbery is a class 3 felony.

13-1904 Armed Robbery
A. A person commits armed robbery if, in the course of committing robbery as defined in section 13-1902, such person or an accomplice: 1. Is armed with a deadly weapon or a simulated deadly weapon; or 2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon. B. Armed robbery is a class 2 felony.

Arizona Robbery or Armed Robbery Defense Tactics | Criminal Defense Attorney AZ
If you are under investigation, been arrested, have active charges of Robbery or Armed Robbery in Arizona, you should immediately consult an Arizona criminal defense or Arizona Robbery or Armed Robbery lawyer to discuss your situation and defense options. You should not discuss your case the police or investigators before consulting a good criminal defense attorney or Robbery or Armed Robbery lawyer in Arizona. Anything you say can be held against you and jeopardize your defense. You should remain silent and politely request to speak with your criminal attorney as soon as possible.

Top Arizona criminal attorneys or Robbery or Armed Robbery defense Attorneys may use a multitude of defenses depending on the circumstances surrounding your Scottsdale robbery charges or arrest. Below are just a few examples of defenses a good Scottsdale criminal attorney might use as tactical defense strategies for robbery charges (This list is not inclusive):

• There are generally only a few witnesses to a robbery or armed robbery if any besides the victim. A good robbery or armed robbery defense attorney will challenge the State and make them prove the identity of their suspect, and thus be able to weaken the Scottsdale prosecution’s case against you.
• You have constitutional rights under both State and Federal Law. If any of them were violated, evidence may be suppressed or even lead to charge dismissal.
• Experienced Attorneys, particularly former prosecutors, have critical insights into police procedures, protocol, prosecution tactics and strategies that may be used by police and prosecutors. Those attorneys will be able to use that knowledge to assist in defending your case, getting evidence dismissed, charges reduced, or robbery charges dismissed if proper procedures were not followed or misconduct by police occurred.
• Experienced robbery defense attorneys will challenge evidence such as surveillance tapes to with regard to whether or not it was in fact the right person arrested.

In sum, robbery or armed robbery charges in Scottsdale are dangerous to go at alone and try to defend yourself. In theory, the law is that you are innocent until proven guilty. But in practicality, without a good Scottsdale criminal defense attorney, the criminal justice system will not look for your innocence, flaws in the prosecutions case, see strength in your arguments, or provide you will any empathy or favor. Conviction is imminent.

The job of the Scottsdale prosecution on behalf of the state of Arizona is to convict you, not help you. With an experienced criminal defense attorney or robbery defense lawyer you will have a voice that is heard in the system, with compelling arguments, defense strategies, and an increased chance of getting your robbery charges dismissed, reduced, or otherwise the best outcome in your case.

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DEFENDING DISORDERLY CONDUCT CHARGES
Defenses good Disorderly Conduct Attorneys in Phoenix, AZ use to fight your disorderly conduct charges
Disorderly Conduct Charges Phoenix, AZ
Phoenix Disorderly conduct charges are often referred to as “disturbing the peace”. If you have been arrested or charged with any disorderly conduct charges in Phoenix, AZ, you should consult an Arizona criminal defense attorney or disorderly conduct defense attorney as soon as possible to discuss your charges and defense options.

Some of the best disorderly conduct Attorneys in Arizona agree that this offense is over used and is often charged when the Phoenix police when they can’t find anything else to charge you with, and they are annoyed with you. From a defense standpoint, the facts of the alleged “disorderly conduct” is over stated or exaggerated by law enforcement or police who arrested you or charged you for it.

There are a number of behaviors that the Phoenix Police view as disruptive behavior and that will lead to charges or arrest for disorderly conduct in Phoenix, AZ. These can include, but are not limited to the following intentional acts: Fighting with others or engaging in combative behavior; Making “unreasonable” noise; Cursing, loud, abusive, or offensive language to another person for the purpose of provocation or other reason; Engaging in behavior that disrupts business operations; Refusing to leave an area as directed by officials (for instance: the scene of a fire or emergency); Recklessly handling, or displaying a firearm or other dangerous weapon to intentionally provoke, intimidate, or make someone fear that harm to them is imminent.

The disturbance may be reported to the police due to the disruptive, loud, or intimidating behavior by family, friends, co-workers, groups, neighbors, business owners, business patrons, or other entity. In many cases, the police are already on the scene for another matter, other violations, and simply become annoyed with you.

Arizona Disorderly Conduct Laws
If you were charged or arrested in Phoenix Arizona, your charges will fall under the authority of the Arizona laws.
Disorderly Conduct in Arizona can be found beginning under Revised Statutes – A.R.S. Arizona Disorderly Conduct Law 13-2904. Disorderly conduct.

Phoenix Disorderly Conduct Penalties
Generally a disorderly conduct misdemeanor charge is categorized as a Class 1. A Class 1 misdemeanor is the highest level of misdemeanor (just below a felony) under Arizona Law. Sentencing may include up to 6 months incarceration in prison, and fines of $2,500.

Depending on the circumstances, a basic, disorderly conduct charge with no aggravated factors do not justify punishments of the maximum sentence. However, no any disorderly conduct conviction may include jail time, probation, fines, fees, and other penalties the judge deems appropriate including counseling and community service.
Disorderly conduct charges that include use of a firearm or other dangerous weapon will elevate the charge to a class 6 felony.

Felony disorderly conduct convictions carry a maximum punishment of one year in prison. You would also possess a criminal record which labels you as a convicted felon. Penalties less than the maximum may include jail, probation, fines, fees, counseling, and other penalties the Arizona judge deems necessary based on your circumstances.

Phoenix AZ Disorderly Conduct Defenses
Below are just some defense strategies that a criminal defense attorney who (defends disorderly conduct charges in the Phoenix Arizona Court may use to build your defense case. This list is not all inclusive:

1)You were attempting protect someone against harm or injury, who was unable to protect themselves;
2) Wrong person charged (this often applies when groups of people or multiple persons are involved in civil assemblies that turn violent) ;
3) No witnesses, No evidence, no video, audio, or other evidence to prove you displayed disorderly conduct;
4) You acted under threat, provocation or intimidation;
5) The evidence, audio or video disproves or contradicts police allegations
6) Police brutality;
7) No other justifiable reason for charges, other than the police officer was annoyed with you;
8) You were exercising your right to “free speech” under the Constitution in an approved location, in an appropriate, orderly and peaceful fashion;.
9) The police were not aware you suffer from a physical or mental impairment that caused you to appear to have “a bad attitude”, with no proof or other justification;
10) Actions were in self – or in defense, defense of home, property, or family
11) Violations of Your Arizona State or U.S. Constitutional Rights;
12) Objective witness statements overwhelmingly contradict the police officers statements;
13) The police officer has a history of disciplinary actions in similar circumstances.
14) Someone else started the altercation;
15) Your actions were not committed “with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so…” as required by A.R.S.

13-2904. Disorderly conduct;
Phoenix Disorderly Conduct Attorney
A good Phoenix AZ criminal defense or disorderly conduct attorney will conduct a thorough investigation of all the facts to determine if the charge was justified or not. In many cases there will be flaws or weaknesses in their case. This offense is often used as a “catch all” excuse for the police to subdue, charge, or arrest you. It is usually very subjective in nature.

As a result, a good Arizona disorderly conduct or criminal defense lawyer in Phoenix Arizona will attempt to find flaws and weaknesses in the prosecution’s case, and present compelling arguments in your defense. Retaining an experienced Arizona disorderly conduct attorney will greatly increase your chances of getting your disorderly conduct charges dismissed, reduced, or otherwise the best outcome in your case.

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Phoenix Criminal Defense | Criminal Rights
A good Phoenix 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 Phoenix 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 Phoenix AZ, you should consult an experienced criminal defense attorney who defends these types of cases frequently in Phoenix Arizona.

Resisting Arrest Charges in Phoenix 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
Phoenix 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 Phoenix 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 Phoenix 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 Phoenix
You will need a strong defense, and someone to “tell your side of the story” and present compelling arguments, and defend you properly 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 Phoenix 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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Tempe Criminal Defense | Criminal Rights
Resisting Arrest Charges in Tempe AZ
Resisting arrest charges often are coupled with other violations at the same time. If you were arrested or face resisting arrest charges in Tempe AZ, you should consult an experienced criminal defense attorney who defends these types of cases frequently in Tempe Arizona to discuss your charges and defense options.

Resisting Arrest Charges in Tempe 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 accidentally or purposefully, you could be facing felony charges.

Arizona Laws – Resisting Arrest
Tempe 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 Tempe 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 Tempe 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 Tempe
You will need a strong defense, and a criminal defense Attorney in Tempe who will present compelling arguments regarding your case and side of the story. Make sure they defend cases in Tempe 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 Tempe 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 Arrest | Criminal Rights

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

Mesa, AZ has some of the toughest laws and penalties for criminal and DUI charges in the United States. If you face criminal charges or were arrested for a Mesa DUI or criminal charges in Mesa you need to retain an attorney who has a vast amount of experience and knowledge of Arizona laws, your constitutional rights, Arizona criminal justice system, and protocol. Most importantly, your Mesa criminal attorney or Mesa 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 Mesa criminal or Mesa DUI charges. An experienced Mesa Criminal Attorney or DUI Lawyer in Mesa will determine the best defense strategy to use, based on the circumstances of your criminal or DUI charges. Your criminal defense attorney 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 MESA

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

Criminal Law Mesa
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
Mesa AZ, criminal and DUI charges are subject to the rules of authority of Arizona State Laws of Arizona.

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

Some feel the Mesa 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 Mesa criminal attorney or DUI lawyer who defends cases frequently in Mesa, 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 Mesa criminal defense or Mesa 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 Mesa 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 Mesa 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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Phoenix Arrest | Criminal Rights

You have protected rights both under Federal and Arizona State constitutions. A good Arizona criminal attorney will make sure your rights remain protected through the criminal justice system. The best criminal lawyers know how to use these rights to protect your freedom and strengthen your defense.

Arizona has some of the toughest laws and penalties for criminal and DUI charges in the United States. If you face criminal charges or were arrested for an Arizona DUI or criminal charges in, you need to retain an attorney who has a vast amount of experience and knowledge of Arizona laws, your constitutional rights, Arizona criminal justice system, and protocol. Most importantly, your criminal attorney should be extremely familiar with the defenses that can be used to build you a solid and effective defense needed to challenge your Phoenix AZ criminal or DUI charges in an attempt to get them dismissed, reduced or the otherwise best outcome in your case.

Arrested in Phoenix – What happens after a Phoenix Arrest
• Phoenix Arrest -For a Phoenix, 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.

• Booking – fingerprints taken, photograph or mug shot, some ID questioning, past criminal convictions research, and to check if you were on probation or parole at the time of your arrest.

• Arraignment – This is the initial 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 Phoenix Court know that you do not dispute the Phoenix 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)Phoenix 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 Phoenix 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 Phoenix
You have protected rights both under Federal and Arizona State constitutions. It is very important that you do not “waive” any of your protected rights without the presence or advice of your Phoenix criminal attorney. If you decide on your own without consulting a criminal attorney in Phoenix to waive any of your rights, you may jeopardize your case and any defenses that otherwise could have used in the future for your defense. You are not required to assist the police 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 Phoenix criminal defense attorney or trial lawyer, experienced in criminal defense litigation in Phoenix.

Criminal Law Phoenix
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
Phoenix Arizona DUI and Criminal charges are governed by the rules of authority of the State of Arizona.

Criminal Defense Phoenix Attorney
Your future depends upon a strong defense by a criminal attorney who defends criminal or DUI charges frequently in Phoenix. The choice is always yours to retain a criminal or DUI lawyer. However, given the harsh laws and punishments for criminal and DUI charges in Phoenix it is strongly recommended that you at least consult a Phoenix criminal defense or Phoenix DUI lawyer. The prosecution is relieved when choose to go unrepresented because it makes their job easier to convict you. If fact, going without qualified Phoenix criminal attorney or Phoenix DUI lawyer is the fastest and most certain way to get a conviction. The criminal justice system can feel to a non-attorney as a vast maze of procedures, time-lines, and protocol, and can be extremely overwhelming. Without a Phoenix criminal attorney or Phoenix DUI lawyer, you may unintentionally say or do something that will unknowingly harm your defense, and strengthen the Phoenix Prosecution’s case against you. You don’t want to unknowingly contribute to a conviction.

A good Phoenix Criminal Defense or Phoenix 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 on your behalf to the court and prosecution. There is no substitute for an experienced Arizona criminal attorney skilled in litigation; gathering and presenting compelling arguments against the prosecution; and knowing the most effective defenses to use, and building a foundation for your defense. Hiring a good AZ criminal attorney will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.

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How Good Chandler AZ Criminal Defense Attorneys Get Your Release Conditions Modified (Pre-trial)

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

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

The release conditions should be commensurate with the criminal charge. If your release conditions seem to be harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney. A good criminal defense attorney who defends charges regularly in Chandler AZ court will immediately file a motion to request modification of your pre-trial release conditions. This can be done while you are in custody. Either you or someone on your behalf can consult a Chandler criminal defense lawyer to discuss the charges, defense options, and services your Attorney can provide involving a request to modify your pre-trial release conditions from custody in Chandler AZ. This aspect of the attorney’s services is usually part of and the entire defense retention and process.

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

When you meet with the Criminal Defense Attorney who will be defending your criminal charges and requesting modification of your release conditions, be sure you communicate in detail your concerns about the initial orders and how they will impact you, your family, your job, your financial situation. Your Chandler criminal defense attorney will immediately formulate compelling arguments and file the appropriate motions with the Chandler court on your behalf. Your chances of getting your pre-trial release conditions modified with the retention of a good private practice criminal attorney who defends charges in Chandler frequently will greatly increase your chances of getting your release modified with more reasonable and favorable conditions for you.

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Tempe, AZ 85282
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