Articles Tagged with Penalties and Defenses

“Disorderly Conduct arrests are made all too often in Maricopa County AZ; How good criminal defense attorneys get disorderly conduct charges dismissed”.

Maricopa County Disorderly Conduct Charges
Maricopa County “Disorderly conduct charges”, sometimes referred to as “disturbing the peace” are made all too often. But commonality does not reduce their consequences. An experienced Maricopa County criminal defense attorney will tell you they should be taken seriously due to the severe penalties you may be exposed to if convicted.

http://www.youtube.com/watch?v=a1yuGMaIWhs

Arizona Disorderly Conduct Penalties
Circumstances surrounding the incident have a significant impact on the classification in which they will be charged. Disorderly conduct charges in are usually brought as Class 1 Misdemeanors., he highest level of Arizona Misdemeanors. Class 1 Misdemeanor convictions carry penalties of up to 6 months incarceration and up to $2500.00 fines.
Class 6 Felonies will usually be charged if the disorderly conduct involves a firearm. Disorderly Conduct Felony Charges carry maximum sentencing of up to one year in state prison, fines, fees, a felony criminal record; and could include other punishments ordered by the court.

Disorderly Conduct Laws in Maricopa County
Arizona Disorderly Conduct Laws are classified, and defined in Title 13 of Arizona Criminal Code ARS 13-2904. Below is a paraphrased discussion of the law:
A person can be charged with disorderly conduct in the following circumstances:

1) The person “with intent” disturbs another person, neighborhood, or business’s peace: or
2) “With knowledge”, of their actions, a person displays or engages in the following:
• Fight, altercation. or other behavior which was disruptive;
• Unreasonably disruptive noise or music;
• Offensive, abusive, disturbing language or gestures which in turn provoke another person to immediately retaliate;
• The disruption or commotion continues for an extended period of time;
• Any physical or verbal disturbance displayed with the intent to prevent or distract a lawful gathering, or meeting;
• Disobedience or Failure to adhere to a lawful instructions or orders to leave, evacuate, or dismiss one’s presence from a premises or area issued for purposes of public safety; risk of danger or peril such as fire; or other imminent hazard or emergency;
• Reckless display or unlawful discharge of a gun or other deadly weapon.

Defenses for Maricopa County AZ Disorderly Conduct Charges
Experienced Maricopa County criminal defense attorneys challenge disorderly conduct charges frequently due to their subjective nature. An effective use of legal defenses often results in dismissal of the charges. There are a vast number of defenses that can be used to combat unjust or unwarranted disorderly conduct charges. Your criminal defense lawyer uses will be tailored to the fact of the case: Below are examples of defenses that may apply (list not exhaustive):

• “Justification”; Defenses used to explain why the conduct was “justified” and not unlawful: self-defense; imminent fear of danger to one’s self or family; immediate reaction to provocation or threat;
• “Affirmative”; Facts that bar or prevent the State from being able to prosecute the charges: Jurisdictional challenges; violations of time limit statutes to bring charges; the accused had a severe mental illness and did not know or intend to engage in disorderly conduct;
• “Reasonable Doubt”; Trust worthy witnesses to the incident provide compelling testimony which conflicts with the police officer’s account of the accused person’s conducts; Prosecution is unable to prove “beyond a reasonable doubt” that the accused engaged in disorderly conduct; No evidence, witnesses, or no complaints exists to support that the accused disturbed anyone’s peace or engaged in disorderly conduct;
• “Violation (s) of Constitutional Rights”; Right to free speech in absences of abusive or offensive language; right to lawfully and peacefully assemble; right to peacefully and without offense or disturbance pray, practice faith or religion of choice.

Reasons Police Choose to Make Arrests for Disorderly Conduct
Those arrested or charged for disorderly conduct often wonder what they did to deserve to be arrested. Maricopa County criminal defense attorneys agree that it is an overused charged. The police generally use it as a “catch-all” charge, when no other appropriate charges exist and they want to make an arrest. Charges sometimes follow a police warning, but a warning is not required. The most common reasons police decide to charge or arrest someone for disorderly conduct is Maricopa County is for the following reasons:
1) Police are annoyed with you;
2) No other appropriate charges exist for them to use;
3) Police feel the need to make an arrest or charge because someone has made a complaint against you;
4) Police gave you a warning, and the conduct, music, disruptive behavior continued and they had to return;
5) You disrespected or disobeyed orders from police;
6) Police believed your actions were deliberate, intended, and you were not cooperating with them
Never plead guilty for disorderly conduct charges without first consulting a Maricopa County Criminal Defense Attorney. They will provide you with information and options for your defense.

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“Why You Should Not Plead Guilty to Disorderly Conduct Charges in Mesa, without consulting a good criminal lawyer who provides criminal defense in Mesa AZ!”
10 Reasons Police May Charge You for Disorderly Conduct in Mesa AZ

Editor’s Note: This list of reasons may get you angry; Make sure you don’t “disturb anyone’s peace” when you read it!

http://www.youtube.com/watch?v=a1yuGMaIWhs

Mesa AZ “Disorderly conduct charges (“disturbing the peace”) are common in Arizona. But commonality does not reduce their severity. An experienced criminal defense attorney who defends Mesa Disorderly Conduct Charges will be the first to tell you, to take the charges seriously. This is due to the consequences of a conviction.

The police generally use disorderly conduct as a “catch-all” charge, and they see it necessary to make an arrest. Here are some of the reasons police may charge or arrest someone for disorderly conduct
1) Police are annoyed with you;
2) No other criminal charges exist that are more appropriate for the conduct;
3) Someone has made a complaint against you for disruptive conduct;
4) Police gave you a warning; and had to return because the conduct, or disruptive music continued;
5) You disobeyed an order or instruction the police gave you;
6) They Police did not like “the look” you gave them or the “tone of voice” you used in response to them;
7) It was the opinion of the police that you were being uncooperative;
8) Police believed your conduct was deliberate, intended, and that you knew you were disturbing others peace;.
9) Police perceived you not being as respectful to them as they would like;
10) Police did not know which person to arrest or charge, so it was easier from them to arrest or charge both or all persons at the scene; knowing one or more of the people were innocent.

Like any arrest or criminal charges, they are not always lawful or justified. But the person arrested for disorderly conduct now faces criminal charges, and will need to get the criminal matter resolved or face potential serious consequences if convicted.

Penalties for Disorderly Conduct in Mesa AZ

Facts involving the incident which led to the arrest, will dictate the classification of the disorderly conduct charges. They are typically charged as Class 1 Misdemeanors. These are the most severe level of AZ Misdemeanors. Class 1 Misdemeanor convictions carry sentencing that can range from probation and fines up to 6 months incarceration and up to $2500.00 fines.

Class 6 Felonies are charged if the disorderly conduct involves a firearm. Disorderly Conduct Felonies carry maximum penalties of up to one year in state prison, fines and fees, and a felony that will stay on your criminal record for years to come.

Disorderly Conduct Laws in Arizona
Arizona Disorderly Conduct Laws are classified, and defined in Title 13 of Arizona Criminal Code ARS 13-2904. A discussion of the law is paraphrased below:

A person can be charged with disorderly conduct in the following circumstances:
1) “With intent” a person disturbs another’s, or a business or other entities’ peace: or
2) “With knowledge”, of their actions, a person displays or engages in the following:
• Fights, physical or verbal; or other serious disruptive behavior;
• Playing unreasonably loud music during nighttime hours especially, when others are sleeping, or making other continuously loud noise;
• Using offensive, disturbing or abusive language (or gestures) which provoke “immediate” retaliation by another party;
• Any such disruption or disturbance last for an extended period of time;
• Any physical or verbal disturbance caused by a person with the intent to prevent or distract a lawful meeting or gathering;
• Disobedience of a civil or lawful order to leave, evacuate or dismiss one’s self from a premises or area. They order may be issued for reasons involving public safety; imminent danger or peril such as fire, flood, or other hazard or emergency;
• Reckless unlawful discharge of a firearm, or reckless unlawful display of a gun or other dangerous weapon.

Criminal Defense for Mesa AZ Disorderly Conduct Charges

Good criminal attorneys who defend criminal charges in Mesa AZ challenge disorderly conduct charges frequently; and often get disorderly conduct charges dismissed. This is mainly due to their subjective nature. An effective use of legal defenses is the key. Many defenses can be used to combat unjust or unwarranted disorderly conduct charges. Your criminal defense lawyer uses will be tailored to the fact of your case: Some examples of defenses that may be used to challenge disorderly conduct charges would include “Justification” defenses; “Affirmative” Defenses; “Reasonable Doubt” defenses; or Violation of Rights defenses.

It is unwise to plead guilty to disorderly conduct charges and accept the consequences without legal review and retention of a Criminal Defense Attorney who defends disorderly conduct charges in Mesa AZ on a regular basis. Depending on the facts, there is good chance they may be able to successfully challenge the charges, which could lead to a dismissal in your case.

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“Chandler disorderly conduct charges are often challenged by good criminal lawyers who defend criminal charges in Chandler Arizona. Here’s how they often get dismissed”.

Chandler Disorderly Conduct Charges
These are probably some of the most frequent criminal charges given out by Chandler Police. But at the same time, they are some of the most frequently challenged charges by criminal defense attorneys. Many are dismissed due to their subjective nature. Every case carries its own unique circumstances, and criminal lawyers tailor defenses to challenge the evidence, or lack thereof. To get a conviction, for disorderly conduct charges the prosecution has the burden of proving that the disruptive conduct disrupted a business, or disturbed someone’s peace; the accused had “knowledge” that they were disturbing others; or that there actions were “intentional”. While this is an uphill battle for the prosecution, you will need to retain the assistance of a criminal defense attorney to defend you case if you wish to increase your chances of getting the charges dismissed.

http://www.youtube.com/watch?v=a1yuGMaIWhs

Arizona Disorderly Conduct Laws – Discussion
Title 13 ARS 13-2904. A & B outlines situations under the law that would result in disorderly conduct law violations. But the reality is that the facts or circumstances surrounding the criminal charge are not always objective. For example, a person can be charge for disorderly conduct or disturbing the peace for making “unreasonable” noise. But “unreasonable noise” to one, may not be to another.

Under Arizona Criminal law, in order to be convicted of disorderly conduct, a person must be engaging in the conduct with “knowledge” or “intent” to disturb another (s) peace. The prosecution has the burden of proving that the accused had knowledge or intent. So for the sake of discussion, what if person number #2 is provoked unexpectedly by person number #1 and an immediately verbal altercation ensues? Then following the incident, the police arrive and arrest both persons. In this case, there are really two compelling argument exists for person #2.

1) Person Number #2 was provoked, and retaliated out of fear of danger or the threat of danger. So their actions were in self-defense.

2) Person Number #2 engaged in an act of immediate retaliation, and did not “intend” to disturb the peace of others in the surrounding area that may have been disturbed by the altercation.

In Arizona, Disorderly Conduct charges are often coupled with other criminal charges. Using the examples above, the following additional charges would apply:

1) Where “unreasonable noise” was reported, the police also found that the person making “unreasonable noise” was under the age of 21, and drinking alcohol. So they were charged with disorderly conduct and “Under Age Drinking”.

2) In the situation where a person was provoked into retaliated, the altercation turned into a physical fight. Both persons were also charged with “assault” in addition to “disorderly conduct”.

Every situation is different and holds its’ own unique set of circumstances. In many cases the language of the law actually serves as to defend the accused, verses prosecuting them. Many defenses are available, but limited to the only those that that surround the circumstances.

Disorderly Conduct Penalties in Arizona
Most disorderly conduct charges are classified as Class 1 misdemeanors. A Class 1 misdemeanor is the most serious of Arizona misdemeanor charges. A Class 1 misdemeanor exposes the accused to a maximum sentence of 6 months in prison and $2,500.00 in fines.

If the situation involving the Disorderly Conduct involved reckless display, use, or discharge of a firearm, a Class 6 Felony may be charged. In that case, the accused may face potential sentencing that includes one year in prison; hefty fines and fees; and a felony criminal record.

If Disorderly Conduct Charges are coupled with other criminal charges, additional penalties would apply. When disorderly conduct is charged in relation to another crime, it usually is involves more serious crimes such as DUI, or Assault charges.

Criminal Defense Lawyer for Disorderly Conduct Charges in Chandler AZ
You should consult an experienced criminal defense attorney who defends criminal charges in Chandler before pleading guilty to Disorderly Conduct charges in Chandler AZ. The charges may not be justified, and defenses may exist that you are not aware of that can lead to a dismissal of your charges.

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“Not all arrests for disorderly conduct charges are lawful. Don’t plead guilty before consulting an experienced criminal lawyer who defends disorderly conduct charges in Gilbert”.

Disorderly Conduct Charges Gilbert AZ
“Disorderly conduct” or “disturbing the peace” charges are common in Gilbert AZ. But just because they are common, does not make them less serious. A good criminal defense attorney who defends Gilbert Disorderly Conduct Charges will be the first to tell you, not to ignore these charges. If you ignore them or fail to appear at your designated court date, a warrant will be issued for our arrest.

Like any arrest or criminal charges, they are not always lawful or justified. But the person arrested for disorderly conduct now faces criminal charges, and will need to get the criminal matter resolved or face potential serious consequences if convicted.

http://www.youtube.com/watch?v=IBMFs3CZfIU

Penalties for Disorderly Conduct in Gilbert AZ
Circumstances surrounding the Disorderly Conduct charges will weigh heavily on the classification for which the conduct will be charged. A large number of these charges are classified as Class 1 Misdemeanors. Class 1 Misdemeanors are the highest level of AZ Misdemeanors. Class 1 Misdemeanors will expose you to six months of incarceration and $2500.00 fines if convicted.

Class 6 Felonies are charged if the disorderly conduct involves a firearm. Disorderly Conduct Felony sentencing includes maximum penalties of up to one year in state prison, fines and fees, and a felony criminal record.
Arizona Disorderly Conduct Laws
Arizona Disorderly Conduct Laws are found in Title 13 of Arizona Criminal Code ARS 13-2904. An outline and summary of the law is shown below:

A person can be charged with disorderly conduct when the following applies to their conduct:
1) “With intent” someone disturbs another person, business, or other entities’ peace: or
2) “With knowledge”, of their actions, a person engages in the following behavior (s):

• Fighting; or other disruptive behavior;
• Loud music or other disruptive noise especially late evening or early am hours;
• Using offensive, disturbing, abusive language or gestures that provoke immediate retaliation by another party;
• Disruption or disturbance that lasts for an extended period of time;
• Disrupting person (s) with the intent to prevent or distract them from engaging in a lawful meeting or gathering;
• Disobedience of a lawful order to dismiss, evacuate or remove one’s self from a premises or area, for purposes of public safety; imminent danger; fire, flood, or other hazard or emergency;
• Unlawful discharge of a firearm; reckless display of a gun or other dangerous weapon.

Criminal Defense for Gilbert AZ Disorderly Conduct Charges
Good criminal attorneys who defend criminal charges in Gilbert AZ challenge disorderly conduct charges frequently. They often can get them dismissed due to their subjective nature of disorderly conduct charges. Depending on the circumstances, many effective defenses can be used by good criminal defense lawyers to challenge unjust disorderly conduct charges. You should contact a criminal lawyer who defends disorderly conduct charges in Gilbert before pleading guilty to these charges. They will discuss your charges and provide you with your defense options.

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“Arrests for Disorderly Conduct in Tempe AZ are not always lawful….Why Good Tempe criminal defense lawyers often get disorderly conduct charges dismissed.”

Tempe Disorderly Conduct Charges
“Disorderly conduct charges”, also called “disturbing the peace” are common in Tempe. But frequency makes them no less serious. An experienced Tempe criminal attorney will tell you they should be taken seriously due to their consequences if convicted.

Arizona Disorderly Conduct Penalties
Circumstances surrounding the charges dictate if the disorderly conduct charges will be brought as a felony or misdemeanor. Disorderly conduct charges are usually brought as Class 1 Misdemeanors. This is the highest level of Arizona Misdemeanors. Class 1 Misdemeanors convictions carry a maximum sentence of 6 months in jail or prison and up to $2500.00 fines.

Disorderly Conduct charges in Tempe AZ bought as Class 6 Felonies are charged if the disorderly conduct involves a firearm. Disorderly Conduct Felony Charges carry maximum penalties of one year in prison, along with fines, fees, a long term felony criminal record; and anything else the court deems necessary.

Disorderly Conduct Laws in Tempe AZ
Arizona Disorderly Conduct Laws are outlined under ARS 13-2904 Arizona Criminal Code, Title 13. For the readers convenience below is the law paraphrased, and explained for discussion:
A person can be charged with the crime of disorderly conduct under the following circumstances:
1) “with intent” of disturbing another person (s) peace or disruption of their business: or
2) ” with knowledge” of doing so, that person engages in one or more of the following:

• Fights, altercation. or other disruptive behavior;
• Unreasonably loud or disruptive noise or music;
• Offensive or abusive language or gestures which provoke another person immediately retaliate;
• Disruption or commotion lasting for an extended period of time or any physical or verbal disturbing display with the intent to prevent or distract a lawful gathering, or meeting;
• Failure to obey or adhere to a lawful or civil order to leave a premises or area issued for purposes of public safety risk of danger or peril such as fire; or other imminent hazard or emergency;
• Reckless display or discharge of a firearm, or other deadly weapon.
Defenses for Tempe AZ Disorderly Conduct Charges
Experienced Tempe criminal defense firms often challenge disorderly conduct charges due to their subjectivity. Their legal arguments often result in dismissal of the charges. There are many defenses that can be used to combat unjust disorderly conduct charges. Depending on the circumstances one or more of the following defenses categories may be used (Defense list not all inclusive):
• “Justification” Defenses; Self-defense; the accused was protecting a defenseless person being attacked; the accused’s conduct was an immediate reaction to being provoked, or threatened;
• “Affirmative” Defenses; A fact that prevents the prosecution from being able to prosecute the charge: Charges being brought in the wrong jurisdiction; charges were not brought within the state’s time limit for certain criminal offenses; the accused was mentally ill, and did not “intend” to cause the disruption;
• “Reasonable Doubt” Defenses; Credible and trust worthy eye witnesses have conflicting accounts of the event from the Police officer’s account; the prosecution is unable to prove beyond a “reasonable doubt” that a crime was committed by the accused; or there is no evidence, no witnesses, or no complaints made of a disturbance caused by the accused; ;
• “Violation of Constitutional Rights” Defenses; Right to free speech, no abusive or offensive language was used; right to assemble lawfully and peacefully; freedom to practice faith or religion without disturbance.
Why Police Make Arrests for Disorderly Conduct in Tempe
Those charged or arrested are often confused as to why they were arrested for disorderly conduct. In most cases, it has less to do with what they did, and more to do with what the police could not do. Most Tempe criminal defense attorneys agree that it is an overused charged. The police generally use it as a “catch-all” of charges, when they don’t know what else to charge someone with, but want to make an arrest. Charges sometimes follow a warning by police, but a warning by police is not required.

The most common reasons charges or arrests for disorderly conduct is Tempe is for the following reasons:
1) Police are fed-up or annoyed with you;
2) Police have no other appropriate charge to use;
3) Police feel compelled to make an arrest or charge because complaints continue despite warnings; and/or the police have to return to the scene more than once;
4) Police felt that you disrespected them or that you were not being cooperative;
5) Police believed your actions were deliberate, and intended.

Always consult an experienced criminal lawyer to defend your Tempe disorderly conduct charges. Just because you were charged with disorderly conduct does not mean the arrest was lawful.

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“How good defense Attorneys in Phoenix help you avoid self-incrimination after an arrest for Phoenix DUI or Criminal Charges”

Experienced Phoenix Criminal Lawyers may disagree on a variety of topics related to criminal defense. But one thing good criminal defense lawyers will always agree on, is that you preserve your “right to remain silent” and “your right to an attorney”.

Following your arrest for Phoenix DUI or criminal charges you should not agree to be interrogated or answer any questions regarding your guilt or innocence or any other facts surrounding the Phoenix Criminal or DUI charges, until and unless your Phoenix criminal defense lawyer or Phoenix DUI Attorney is present.

An arrest for Phoenix DUI or criminal charges is a traumatic ordeal. If you can remember nothing else, once you have been arrested or taken into custody, you must remember to “Remain Silent”. Do not agree to answer questions or to be interrogated about the criminal charges without your Phoenix Defense Attorney present. Following a Phoenix DUI arrest or arrest for any other Criminal Charges, you may feel that everything is out side of your control. But there are two things that will remain within your control, unless you voluntarily give up control or waive your rights:

1. Your Right to an Attorney; and
2. Your Right to Remain Silent
At the point that you are arrested, hand cuffed and taken into custody, the Phoenix Police have already made up their minds to arrest you and take you into custody. Beware, the police are taking notes of your every action and word. The Phoenix Police work closely with the Arizona Prosecution to get a conviction. So they will use whatever you do and against you if they can. There is no benefit to allowing yourself to be interrogated or questioned following your arrest or detention for the criminal or DUI charges. It can only detriment your defense. The Phoenix Police and Arizona Prosecution may appear to be sincere. They would like you to believe that their motive to “help” you in your defense. Not so – Don’t buy it. Their job is to convict you, not defend you.

You will make the Arizona Prosecution’s job easier to convict you of the crime if you allow yourself to be interrogated or questioned in absence of your Phoenix Defense Lawyer. The Police and Prosecution are elated when defendants give them narratives or allow themselves to be interrogated without their Phoenix defense attorney present following their arrest. Any information they obtain from you will be used to strengthen their case against you in order to get a conviction. You do not have to help them convict you.

Phoenix DUI and Criminal Defense Lawyers in Arizona
As soon as reasonably possible, following your arrest, you should retain representation of a private practice Phoenix DUI lawyer or Phoenix criminal defense attorney. A good Phoenix DUI lawyer, who defends Criminal and DUI charges on a regular basis, will act as a barrier between you and the Phoenix police/prosecution. An experienced criminal defense attorney will make sure your constitutional rights are protected; make sure you are treated fairly; be present during any interrogations in a more controlled environment to protect you from unfair questioning; object to or provide guidance on whether or not you are required to answer certain questions that may incriminate you or harm your defense; and begin tailoring and building a strong defense on your behalf. A good Phoenix criminal attorney or Phoenix DUI lawyer will make every effort to get your charges dismissed, in whole or in part, or reduced. Retaining an experienced Phoenix DUI attorney or criminal defense lawyer is by far, your best chance of getting your charges dismissed, or the otherwise best possible outcome in your case.

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Don’t Plead “Guilty” to a Chandler DUI or Criminal Charge before Consulting a Good Chandler DUI and Criminal Attorney… Good criminal defense attorneys may be able to use certain defenses that may lead to a dismissal of your charges.

Chandler DUI or Criminal Charge – Arraignments – What to Plea
Among other reasons, the primary reason for an Arraignment is to inform the court of how you wish to plea. It is never a good idea to plead guilty to any Arizona crime or DUI or criminal charge before consulting a DUI or criminal defense attorney. Arizona has some of the toughest DUI and criminal laws and penalties in the country. You should retain an experienced AZ DUI and criminal attorney to defend you. Good criminal defense attorneys may be able to use certain defenses that may lead to a reduction or dismissal of your criminal charges. In the least you should consult a Chandler DUI or Criminal defense lawyer to get information about your charges, consequences of a guilty plea and your defense options.

Criminal Court – Arraignment for Chandler AZ Charges
For Chandler criminal or DUI charges, you will be given a complaint at some point following your arrest (if in custody) or a summons will be delivered to you (if you are not in custody). It will contain information concerning location, date and time you are required to appear at criminal court for your Arraignment.
The court location for where you will be required to appear is generally determined by the nature of the charges, and jurisdiction where you were charged. Most felony arraignments are held in Arizona Superior Courts. Most misdemeanors are held in Arizona Justice Courts. However, some felonies can initially begin in a lower court such as Arizona justice courts.

Arraignment: “Failure to Appear”- Chandler DUI or criminal charges
If you have not retained a DUI or criminal defense firm, you must appear at the court location, date, and time designated. If you “fail to appear”, a warrant may be issued for your arrest under criminal code:

1) “A.R.S. 13-2506 in the second degree; classification” Failure to appear for Misdemeanor Charges;
2) “A.R.S. 13-2507 in the first degree; classification” Failure to appear for Felony Charges
If you have retained a Chandler DUI or criminal defense attorney, they will give you further instructions. In many cases your defense attorney can vacate the arraignment date, through alternative legal channels so you do not have to appear in person.

What Happens at an Arraignment in Criminal Court
At your arraignment 1) the Judge will confirm your address, identity; 2) explain your rights; 3) read your formal charges; 4) advise you of the potential range of penalties if convicted; 5) find out if you plan to retain a criminal defense attorney; 6) and how you wish to plead to the DUI or criminal charge(s).

Types of Pleas that You Can Entered at Your Arraignment
There are three possible pleas to a criminal or DUI charge:
“Not Guilty” – This means that you are denying guilt. In this case, the burden of proof is with prosecution to prove your guilt of the criminal charges against you. If you enter a plea of not guilty on your arraignment date, the Judge will set your case for either a pre-trial conference or a formal trial date.

“Guilty” – You admit or agreeing that you committed the act charged; that the act is prohibited by law; and that you have no legal defense for your act. The Chandler AZ Court judge will proceed with your sentencing at this time. For felonies a future date and time will be set for your sentencing hearing.

“No Contest” – This means you are not admitting you are guilty; but that you also do not wish to challenge the charges or evidence at a trial; and you will accept the conviction, sentencing and punishments of the criminal charge. The judge will proceed with your sentencing at this time. For felonies a future date and time will be set for your sentencing hearing.

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AZ Criminal Defense Lawyer | Felony | Misdemeanor | AZ DUI Defense

Q. What is the Difference between a Misdemeanor and Felony in Arizona?

A. The main differences between an Arizona Misdemeanor and Felony involve the severity and nature of the crime; and of the severity and nature of the penalties. Some differences include the following:

1) Felonies are usually more serious crimes than misdemeanors; Examples of felonies include such offenses as aggravated assault, homicide, sexual abuse or rape crimes, arson, aggravated DUI, kidnapping, illegal drug sales, drug smuggling, drug manufacturing, serious drug charges and more. Felony penalties are far more severe, and usually result in life long adverse consequences if convicted. Felonies usually carry a minimum sentence of 12 months or more; Felony Charges are classified from Class 1 to Class 6, with the least severe Class 6 and the most severe, categorized as Class 1 felonies. Class 1 felonies carry sentences that range from 25 years to life in prison or a death penalty. These are reserved for the most serious of charges such as homicide.

2) Misdemeanor charges are generally less serious. Examples include criminal trespassing, theft of property below a certain value, non-aggravated DUI, underage drinking, possession of drug paraphernalia, possession of Marijuana for personal use, and more. In addition to other penalties including fines, fees, costs, probation, and other punishments, they carry maximum jail sentences of less than one year;
Q. Does the Sentencing by the Judge differ with Felonies verses Misdemeanors?
A. Yes. If convicted of misdemeanor charges, the judge will usually make a determination of sentencing on the same day as the conviction of the guilty verdict, by trial or guilty plea by defendant.

For Arizona felony convictions, the judge usually requests a pre-sentence report to be completed and will schedule sentencing for generally 30 days or following the guilty verdict. You have the right to have your views included in the pre-sentence report. The defendant has the right to complete a Victim Impact Statement questionnaire or letter to be included in the pre-sentence report for the judge to review.

Q. Which Court will I need to go to if charged with a Felony or Misdemeanor in Arizona?
A. The court which a case will be heard should be documented on the complaint you received at the time you were charged, or following your arrest. It will include the name of the court, date, and time, for which you will be required to appear.

In general, Misdemeanor charges are usually handled in the Arizona Justice, Municipal or City Courts where the charges for issued. For example, if you live in Tempe Arizona, but you received a non-aggravated DUI charge in Phoenix AZ your case will be schedule for hearing in Phoenix Arizona.

Felony Charges in Arizona are usually handled in Superior court. However felony preliminary hearings can sometimes be held in the lower courts.

Q. Who Should I Hire to Defend Me for Felony for Arizona Misdemeanor Charges?
A. If you face either a criminal misdemeanor or felony charges, you should contact a licensed AZ DUI or AZ Criminal Defense Attorney as soon as possible. Most criminal lawyers defend both Felony and Misdemeanor DUI charges. Start with consulting an experienced criminal attorney who defends charges regularly in the city or jurisdiction where your received the charges. They will provide you with information concerning the charges and your defense options. Most criminal and DUI attorneys will provide you with a free consultation by phone or in person at their discretion.

Q. What Should I look for to find a good Felony or Misdemeanor Defense Lawyer?
A. In Arizona, both Felony and Misdemeanor Charges are serious. A good DUI & Criminal Defense Attorney should have years of DUI and criminal defense experience and a significant amount of trial experience. Many of the best criminal defense attorneys in Arizona are former prosecutors. This provides you with an advantage for your defense for many reasons: they are familiar with the courts, judges, prosecution, procedures, and the entire criminal justice processes. You want a DUI or criminal lawyer up to date on current laws and changing legislation in Arizona relating to criminal and DUI charges. Make sure your Attorney will be accessible and open to direct communication for answers to any and all questions you may have. A proven Arizona criminal lawyer will do everything possible to attempt to get your charges dismissed, reduced or the otherwise best outcome in your case.

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Don’t Plead “Guilty” to a Mesa DUI or Criminal Charge before Consulting a Good Mesa DUI and Criminal Defense Attorney. Experienced criminal lawyers may be able to use certain defenses that may lead to a dismissal of your charges.

Pleading Guilty verses Not Guilty to Mesa DUI or Criminal Charges
Among other reasons, the primary reason for an Arraignment is to inform the court of how you wish to plea. Among other reasons, the primary reason for an Arraignment is to inform the court of how you wish to plea.

You should not plead guilty to a Mesa DUI or criminal charge before consulting a DUI or criminal defense attorney. Arizona has some of the strictest DUI laws, criminal laws, and penalties for conviction in the USA. Your best chance at getting a good outcome in your matter is to retain a good AZ DUI or Mesa criminal lawyer to defend you. Experienced criminal defense attorneys know, and may be able to use certain defenses that may lead to a reduction or dismissal of your criminal charges. In the very least you should consult a Mesa DUI or Criminal defense lawyer to get information about your charges, consequences of a guilty plea and your defense options.

Arraignments in Criminal Court in Mesa AZ
For Mesa AZ criminal or DUI charges, you will be given a complaint at some point following your arrest (if in custody) or a summons will be delivered to you (if you are not in custody). It will contain information concerning location, date and time you are required to appear at criminal court for your Arraignment.

The court location for where you will need to appear is usually based on the nature of the charges, and jurisdiction where you were charged. Most felony arraignments are held in Superior Courts in Arizona. Most misdemeanors are held in Justice Courts in Arizona, such as Mesa Justice Court. However, some felonies can initially begin in the lower courts in Arizona.

“Failure to Appear” for Your Arraignment for Mesa Criminal Charges
If you have not retained a private DUI or criminal defense lawyer, you must appear at the criminal court location, date, and time as scheduled. If you “fail to appear”, a bench warrant may be issued for your arrest under Arizona Law as follows:
1) “A.R.S. 13-2506 in the second degree; classification” Failure to appear for Misdemeanor Charges;
2) “A.R.S. 13-2507 in the first degree; classification” Failure to appear for Felony Charges
If you have retained a Mesa DUI or criminal defense attorney, they will give you further instructions. In some cases, your Mesa criminal lawyer can vacate the arraignment date and providing the court with the required information on your behalf through alternative legal channels. In this event, you do not have to appear in person for the arraignment.

What Happens at an Arraignment in Criminal Court
Among other reasons, the primary purpose of your Arraignment is to inform the court of how you wish to plea to the Mesa criminal or DUI charges. You can also expect the some or all of the following events to happen as well: the court will also confirm your identity and current contact information; explain your rights; read your formal charges; advise you of the potential range of penalties if convicted; find out if you plan to retain a criminal defense attorney.

Types of Pleas that can be entered at an Arraignment
There are three possible pleas to a criminal or DUI charge:
“Not Guilty” – This means that you are denying guilt. In this case, the burden of proof is with prosecution to prove your guilt of the criminal charges against you. If you enter a plea of not guilty on your arraignment date, the Judge will set your case for either a pre-trial conference or a formal trial date.
“Guilty” – You admit or agreeing that you committed the act charged; that the act is prohibited by law; and that you have no legal defense for your act. The Mesa AZ Court judge will proceed with your sentencing at this time. For Felony charges they will usually set a new date and time in the near future for a hearing concerning your sentencing.
“No Contest” – This means you are not admitting you are guilty; but that you also do not wish to challenge the charges or evidence at a trial; and you will accept the conviction, sentencing and punishments of the criminal charge. The judge will proceed with your sentencing at this time. For Felony charges they will usually set a new date and time in the near future for a hearing concerning your sentencing.

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Don’t Plead “Guilty” to Scottsdale DUI or Criminal Charges Until Consulting a Good Scottsdale DUI Defense or Criminal Defense Lawyer. Experienced criminal & DUI attorneys may be able to use certain defenses, you are not aware of, that will lead to a dismissal of your charges.

Arraignments: Pleading guilty or “not guilty” to Scottsdale DUI or Criminal Charges
Among other reasons, the primary purpose of an Arraignment in criminal court is for you to inform the court on how you wish to “plea” in your Scottsdale Dui or Criminal Charges. It is never a good idea to enter a guilty plea for Scottsdale DUI or criminal charges before consulting a DUI or criminal attorney who defends Scottsdale DUI and criminal charges. No matter how serious the DUI or criminal charge, you should not waive this important right. By law you still have the right to defend and challenge the charges. With retention of a qualified DUI or Criminal Lawyer in Scottsdale defending you, the chances of getting a good outcome in your case increase significantly. Experienced criminal defense and Scottsdale DUI lawyers may be able to utilize certain defenses that will lead to a reduction or dismissal of your criminal charges. In the very least you should consult a Scottsdale DUI or Criminal defense lawyer to discuss your charges and defense options.

Arraignment Locations for Criminal Court for Scottsdale DUI or Criminal Charges

Following your arrest or detention in Scottsdale for criminal or DUI charges, you will be given a complaint (if you are still in custody) or a summons will be delivered to you (if you are not in custody) It should include the location, date and time you will be required to appear for your Arraignment in criminal court. The court where you will be required to appear is usually based on the nature of the charges (felony or misdemeanor), and jurisdiction where you were charged. Most felony arraignments are held in Superior Courts in Arizona. Most misdemeanors are held in Justice Courts in Arizona, such as Scottsdale Justice Court. However, some felonies can initially begin in the lower courts in Arizona.

Consequences for “Failure to Appear” for your Arraignment for Scottsdale DUI or Criminal Charges

If you have not retained a private DUI or criminal defense lawyer, you must appear at the criminal court location, date, and time scheduled. Be sure you are there early. If you fail to appear, a bench warrant may be issued for your arrest by the criminal court Judge, by authority of Arizona Law:

1) “A.R.S. 13-2506 in the second degree; classification” Failure to appear for Misdemeanor Charges;
2) “A.R.S. 13-2507 in the first degree; classification” Failure to appear for Felony Charges
If you have retained a Scottsdale DUI or criminal defense firm, they will give you further instructions. In some cases, your Scottsdale criminal defense lawyer or DUI attorney can vacate the arraignment date and provide what the court needs through alternative legal channels. In that case, you would be advised by your attorney that you need not be present for the arraignment in court. You should contact him or her to confirm the need for you to appear or not to be present, if you are unsure.

What Happens at the Arraignment in Criminal Court
Among other reasons, the primary purpose of your Arraignment is to advise the court of how you wish to plea the crime that you have been accused of committing in Scottsdale AZ. You can also expect the some or all of the following events to happen: the court will confirm your identity, current address and other contact information; explain your rights; read your formal charges; advise you of the potential range of penalties if convicted; find your intent of retaining or not being represented by a criminal defense attorney for your Scottsdale DUI or criminal charges.

Types of Pleas that can be Entered at an Arraignment

There are three possible pleas to a criminal or DUI charge:

“Not Guilty” – This means that you are denying guilt. In this case, the burden of proof is with prosecution to prove your guilt of the criminal charges against you. If you enter a plea of not guilty on your arraignment date, the Judge will set your case for either a pre-trial conference or a formal trial date.

“Guilty” – You admit or agreeing that you committed the act charged; that the act is prohibited by law; and that you have no legal defense for your act. The Scottsdale AZ Court judge will proceed with your sentencing at this time. If you enter a plea of not guilty on your arraignment date, the Judge will set your case for either a pre-trial conference or a formal trial date.

“No Contest” – This means you are not admitting you are guilty; but that you also do not wish to challenge the charges or evidence at a trial; and you will accept the conviction, sentencing and punishments of the criminal charge. The judge will proceed with your sentencing at this time. If you enter a plea of not guilty on your arraignment date, the Judge will set your case for either a pre-trial conference or a formal trial date.

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