James E. Novak participates in several legal organizations including The Arizona Attorneys For Criminal Justice, The Association of Trial Lawyers of America, and others. As well as:
National Assoc. of Criminal Defense Lawyers
National College for DUI Defense
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“Common Defenses used by the best DUI trial lawyers, that can lead to dismissal of DUI charges.”
DUI Arrest Gilbert AZ
If you were arrested in Gilbert, AZ for DUI, you have the right to defend your charges. The prosecution, and police work closely together to pursue DUI convictions. Gilbert Police are known for their specialized DUI phlebotomy training and motorcycle units to seek out and arrest those driving impaired due to alcohol or drugs. The penalties for a DUI conviction are severe and include jail time for misdemeanor, first offense DUI charges. You should consult a DUI attorney who defends charges in Gilbert AZ frequently. If retained, they may be able to find defenses that can be used to challenge and effectively defend your charges. In some cases, the defenses will lead to a suppression of evidence, reduction of charges or dismissal of the charges.
DUI Defenses
There are many defenses that can be used to challenge DUI charges. The defense strategy your attorney uses will be based upon your unique set of circumstances. Below are a few examples of defenses your DUI lawyer may use to defend your Gilbert AZ DUI charges: (Note: This list is not all inclusive):
- No “Reasonable Suspicion” for the DUI stop: The police must have “reasonable suspicion” that a violation of the law has occurred or is progress. In absence of reasonable suspicion, the DUI stop is unlawful. The exception to this standard is a DUI Task Force stop. An example of “reasonable suspicion” would be that the police officer pulled you over, after you failed to stop at a red light.
- Field Sobriety Tests inaccuracies: Field Sobriety Tests (FSTs) are common areas the DUI attorneys target for defense. FSTs are given by the police, judged by the police and graded by the police. Sometimes can be biased, and unfairly conducted or judged. The fact is, that some unimpaired drivers can’t pass them. Arizona has adopted the standards and guidelines for FSTs set by the National Highway Traffic Safety Administration (NHTSA). If the FSTs tests were administered unfairly, improperly, or in violation of the standards, your DUI attorney will move to have them dismissed from evidence.
- No “Probable Cause” for arrest: “Probable Cause” means police must have factual evidence of sorts to make an arrest, and not just “a hunch”. For example, BAC results from a breath test is constitutes objective or factual evidence. The burden of proof lies with the Gilbert Police to make sure they have “probable cause”. This is a higher standard than “reasonable suspicion” to make a DUI stop.
- Inaccurate Breathalyzer test: Breathalyzer tests can have produce false results due to contamination of body fluids, operator errors; breathing pattern errors; malfunctions of the machine; improper maintenance or calibration of the machine and other issues. In many cases the strength of the argument is significant enough that the judge will not allow the breath results to be admitted in court as valid evidence.
- DUI Blood test or UA test inaccurate or invalid: There are many ways to challenge blood and chemical testing. Arizona has strict procedural requirements relating blood and chemical testing. Rules and protocol are in place that relate to conducting the tests; storage, labeling, transport; equipment, supplies, processing and reporting. If violations exist, your DUI Attorney can move to have the evidence dismissed.
- Constitutional Right violations: Even though you are being accused of a crime, it does not change the fact that you have constitutional and fundamental rights under law. Your rights originate from the US Constitution; Arizona State Constitution and Laws; and procedural rights or protocol rights, generally involving Arizona Criminal Courts. If your rights were violated, your DUI defense attorney can move to suppress evidence, reduce charges, or have your case dismissed.
Gilbert DUI Attorney
The defenses mentioned above as well as many others are best argued by qualified Arizona criminal attorney with extensive DUI trial and criminal defense experience. You should contact a law firm that defends Gilbert DUI charges on a regular basis to discuss your matter, and obtain options for defense. Your chances of getting a good outcome in your case will increase drastically with the good legal defense representation.
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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499
“If you retain legal representation early enough, your attorney may be able to keep your Misdemeanor charges from being elevated to a Felony. In some cases, your attorney can help to prevent criminal charges from being brought at all.”
Arrested for DUI or other Crime in Chandler AZ
If you were arrested for a DUI or criminal charges in Chandler, and you are not sure if they are misdemeanor or felony charges, you should contact a criminal defense attorney. You can discuss the events that have taken place; documents received; and your concerns. They will be able to provide you with insight concerning your charges and potential defense options.
Felony vs. Misdemeanor Charges in AZ – Differences
The biggest difference between felonies and misdemeanors in Arizona are the nature and severity of the crime; and the nature and severity of the sentencing and penalties. Below are some additional facts:
- Felony convictions in Arizona can carry prison sentences of 12 months or more. They carry exorbitant fines, fees, court or prison costs and assessments; restitution to victims; and felon criminal records. Some examples of felony crimes would include such offenses as Aggravated DUI; burglary; armed robbery; violent crimes; dangerous crimes; illegal drug sales; and other serious charges. Often times, felonies involve crimes against victims. Victim crimes are sentenced very harshly in Arizona. Convictions for violent and serious crimes against victims will result in long term prison sentences of 25 years or more. In Arizona the death penalty is reserved for the most serious of crimes, homicide, if convicted.
- Misdemeanors generally carry jail sentences of a maximum of 1 year or less in jail. In Arizona, currently, no misdemeanor charges carry prison sentences. However, they can include jail terms;, probation; substance abuse counseling or treatment; ignition interlock device on your vehicle; fines; fees; probation, and other penalties the court deems necessary. Although all DUI and certain criminal offenses are deemed serious, they generally have lower penalties than felonies. Just of few examples misdemeanor charges would be non-aggravated DUI, Marijuana possession, or drug paraphernalia possession.
Chandler DUI Lawyer – Misdemeanor and Felony Charges
If you retain legal representation early enough, your attorney may be able to keep your Misdemeanor charges from being elevated to a Felony. In some cases, your attorney can help to prevent criminal charges from being brought at all.
But whether you choose to retain a lawyer or not, you should never ignore Chandler DUI charges. If you fail to appear in court, a warrant may be issued under Arizona Criminal Code A.R.S. 13-2506 & A.R.S. 13-2507. It will only make your charges worse, and then impose additional charges. If you were arrested or face criminal charges of any kind, you should contact a DUI or criminal lawyer who defends charges in Chandler AZ. If retained, they will help you resolve your matter; provide a defense; protect your rights; and get the best possible outcome in your case.
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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499
Scottsdale DUI Arrest
If you were arrested for criminal or DUI charges in Scottsdale AZ, you have probably been instructed to appear for your Arraignment in Scottsdale Municipal Court. It is never a good idea to go to criminal court without legal representation. You should first consult experienced criminal lawyer. There may be defenses that can be used, to challenge and defend your charges and the evidence. Scottsdale DUI convictions can carry harsh penalties including mandatory jail time; vehicle interlock devices; licenses suspension or revocation; alcohol education and counseling; fines, fees, and other penalties.
Criminal and DUI Lawyer Fees
Currently, there are no official governing entities in Arizona that dictate how much an attorney can charge for DUI or criminal representation. So you may get quotes ranging from $1800.00 to $7,000.00 for a first time, misdemeanor DUI. It becomes a matter of how much you are willing to pay, and which law firm you want to hire. But in most cases, you will find, that the cost to retain an experienced and qualified criminal attorney will be well worth the price; and the cost of defense, if reasonable, will be less than the price of a DUI or criminal conviction.
You don’t always have to pay exorbitant fees for a DUI lawyer. In fact, if you take just a little time, to make a few phone calls or contacts, you can find some very affordable private practice DUI lawyers who defend charges in Scottsdale court. In fact, you may find that some are far better, than ones who cost more. Your focus should be on the attorney’s credentials, experience, qualifications; and most of all, who you feel will provide the most effective representation and defense. If you choose wisely, your chances of getting your charges dismissed, or other good outcome in your case, will dramatically increase.
DUI and Criminal Cases Held in Scottsdale City Court
The name of the court for which you will be required to appear should appear on the citation you received at the time of your arrest. If you were arrested in Scottsdale, Arizona for a misdemeanor DUI, it will likely be in Scottsdale City Court. Below is the location and contact information for that court:
Scottsdale City Court
3700 North 75th Street
Scottsdale, Arizona 85251
Telephone (480) 312-2442
Scottsdale DUI Lawyer – Criminal Defense Attorney for Scottsdale City Court
If you face DUI charges you should consult a criminal defense attorney in the valley who frequently defends cases in Scottsdale City Court. They will protect your rights, defend your charges, attend your hearings, and attempt to get the best possible outcome in your case. Most Attorneys for defense of Scottsdale DUI or criminal charges will provide free consultations for active charges.
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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499
“Good Scottsdale DUI lawyers can sometimes help prevent your misdemeanor charges from being raised to a felony; in some cases, they can help prevent criminal charges from being brought against you at all.”
Scottsdale DUI and Criminal Charges
If you were arrested for a DUI or criminal offense, but aren’t sure if they are misdemeanor or felony charges, you should contact a Scottsdale criminal lawyer as soon as possible. You can discuss the events that have taken place; documents received; and your concerns. They will be able to provide you with insight concerning your charges and potential defense options.
Felony and Misdemeanor Charges in AZ – Main Differences
The main difference between AZ felonies and misdemeanors evolve around the nature and seriousness of the charge and the nature and severity of the penalties:
- Arizona Felony convictions can carry prison terms of 12 months or more. Penalties can include exorbitant fines, fees, and restitution to victims of the offense. Some offenses of charge that are brought as felonies include but are not limited to: Aggravated DUI; theft over a certain dollar value amount; drug possession over a certain threshold amount; burglary; robbery; armed robbery; illegal drug sales; possession of drugs with intent to sell; crimes against victims, and other serious offenses. Violent and serious felonies may carry lengthy prison sentences of 25 years or life in prison. In Arizona, a homicide conviction may result in the death penalty.
- Misdemeanor convictions in Arizona carry maximum jail sentences of one year terms or less. Other penalties can include probation; alcohol or substance abuse counseling; ignition interlock device; probation, fines, fees and other punishments. Generally, misdemeanor convictions result in less severe penalties than felonies. Some offenses classified as misdemeanors include non-aggravated DUI, possession of Marijuana and/or drug paraphernalia.
AZ Criminal Court Jurisdiction for Felony vs. Misdemeanor Charges
The AZ Criminal Court you are required to appear can often reveal if you have been charged with a felony or misdemeanor. All AZ Criminal Courts have jurisdictional guidelines that allow them authority over hearing felonies or misdemeanors in their geographic areas. Below are guidelines for Arizona court jurisdiction for hearing felonies and misdemeanors.
1) Felony cases are heard in Arizona Superior Court. Although AZ Superior Court is considered one entity, there are different court locations serving the valley in Arizona.
2) Misdemeanor cases are heard in lower courts such as City Courts, Municipal Courts, and Justice Courts.
3) Felony charges may sometimes conduct preliminary hearings in the lower courts – (City Court, Justice Court, and Municipal Court).
4) A person can be charged initially with a misdemeanor; but later those same charges can be elevated to felony charges based on new evidence or completion of police investigation.
5) The Court in where the defendant needs to appear will be on the Citation, Complaint or documents they received after arrest, or other means of the Complaint delivery.
Scottsdale Misdemeanor and Felony Lawyer
You shouldn’t disregard DUI or criminal charges whether or not they are felonies or misdemeanors. If you fail to appear for your court date and time, the presiding judge may issue a warrant for your arrest under the authority of Arizona Criminal Code A.R.S. 13-2506 & A.R.S. 13-2507. In this event, the arrest warrant will remain in effect indefinitely, until you come forth or are arrested. If you have an outstanding warrant, or face DUI or criminal charges, you should contact a DUI or criminal lawyer who defends charges in Scottsdale. If retained, they will help resolve your matter in your defense. They will protect your rights throughout the various criminal case stages, and defend you’re the charges on your behalf. Retention of a private practice experienced criminal lawyer increases your chance of getting a good outcome in your case.
Every case is different and holds its own set of circumstances, but some favorable outcomes may include getting charges dropped; getting a reduction in the number of charges; lowering charges from a felony to a misdemeanor; or getting a lower (mitigated) sentencing if a conviction is unavoidable.
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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499
Tempe DUI Arrest
If your arrest was based on DUI breath test results, you should contact a Tempe DUI lawyer as soon as possible. Defenses may exist surrounding your breath test evidence. The prosecution will not seek out deficiencies in the breath test evidence, on your behalf. You will need to hire an experienced DUI lawyer who defends DUI charges in Tempe frequently. They will be your advocate and examine all aspects surrounding your breath test results to make certain they are accurate and valid. If not, the evidence may not be admitted in court to use against you, which may ultimately lead to a dismissal of the Tempe DUI charges.
Challenging DUI breath test evidence for DUI defense
The best Tempe DUI lawyers often find weaknesses in the breath tests, or violations in procedure regarding surrounding the administration of the test. Specific procedures and requirements must be complied with by law enforcement agencies to assure accuracy of the breath test results. Your criminal defense attorney will the evidence and circumstances surrounding the breath tests. If they find certain elements exist that could have affected the validity of the test results, they will challenge the breath test evidence. Below is just a sample of 10 ways that an experienced DUI trial lawyer might consider challenging in your defense that relate to the breath test:
(This list is not all inclusive):
1) You were arrested based on the results of a Portable Breath Test (PBT). PBT results are not admissible in court. The mobile units are not calibrated, and are designed merely as a preliminary tool to help police decide if the driver may be impaired due to drugs or alcohol.
2) The Breathalyzer machine may have a history of malfunction or improper calibration. The law requires that all official breathalyzer units must undergo routine maintenance and calibration at regular intervals; and maintenance and repair records must be kept on them.
3) The Operator of the breathalyzer did not possess a valid, unexpired license. Breathalyzer operators must possess a valid and current license to administer the test, and comply with certain protocol to avoid operator error.
4) The value of the simulator solution was not recorded. In order for the BAC to be admissible in court, the value of the simulator solution used to obtain the suspects breath test results must be recorded.
5) Outside chemicals such as asthma nasal sprays resulted in a false reading. False readings can be produced as a result of chemical or substance interference by certain, medications, or nasal sprays.
6) The suspect suffered from gastric reflux. Certain medical conditions such as severe heartburn or chronic gastric reflux may skew the BAC reading, resulting in a false higher reading. DUI case trial results hold that conditions can cause fluids to find their way to the defendant’s breath resulting in an inaccurate reading.
7) Failure by police to give proper instructions for breathing patterns. Breath test machines are calibrated to test no more than a 10 second long breathing sample. If the breath sample was longer, it may result in a higher BAC level. Hyperventilation or shallow breathing will also interfere with the accuracy of the reading.
8) Breath test was not conducted within 2 hours of driving of a vehicle. The prosecution must prove that the defendant’s BAC level was .08 or greater within two hours of driving. BAC is not constant. It rises as it is absorbed, and falls as it is processed by the body.
9) Failure of police to observe the suspect during the 20 minute observation period. Prior to administering the breath test, the police are required to observe the suspect carefully for 20 minutes prior to administration of the breathalyzer test. This is to ensure they do not belch, regurgitate, or consume anything that could affect the accuracy of the reading.
10) Second breath test was out of range. The second breath test must be within 0.020 alcohol concentration of the first test. If not, additional tests must be administered until two consecutive tests fall within 0.020 alcohol concentration of each other.
Tempe DUI Defense Lawyer
This is just a sample of arguments that can be raised by your Phoenix DUI Attorney, to establish accuracy and validity of breath test evidence. Every case is unique and holds its own set of facts. An experienced DUI trial attorney, who defends charges in Phoenix AZ, will know which areas to target in your case. Penalties for a DUI conviction are too severe in Arizona, to look at only the prosecution’s evidence without examining it. Most Phoenix DUI lawyers provide a free consultation for active DUI charges. In the least, you should consult one to discuss your charges and defense options.
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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499
To obtain a copy of your police report by contact the local Phoenix Police Department – Mail your request and required payment for the police report to the following address:
Phoenix Police Department
Attention: Public Records Detail
1717 East Grant Street Suite 100
Phoenix Arizona 85034
Phoenix Police Reports can be made In person; by mail, by fax to (602) 534-4599; or emailed to public.records.ppd@phoenix.gov.
A copy of the request form can be downloaded or printed for completion from the official website of the City of Phoenix Police: phoenix.gov/police/pub1.html.
- Official website lists hours of operation currently as 8:00 am to 4:00 p.m., Monday through Friday. Closed for observance of Phoenix city holidays.
- Police reports are .19 per page for photocopy and .15 per page for photocopies. A Fee Schedule is posted on the official website for requesting additional such as photographs and #911 transcripts and other incident report items.
- Phoenix Police Report Requests require a telephone number or email address where you can be reached so the records unit may notify you of the cost of the report. Fees are .19 per page for photo copies, and .15 per page for laser print copies. The total amount due will be based on how many pages are in the report, plus the cost of mail delivery via U.S. Postal Service.
- It generally will be ready for release within 10 days to two weeks. After that, you can either submit your request or contact the records unit to see if it is available for release.
- If the incident is still under investigation, you may still request your report, however, it will not be released until the investigation has been completed.
Phoenix DUI Lawyer for Defense
If you face active Phoenix DUI or criminal charges, you should contact an experienced DUI lawyer who defends DUI charges in Phoenix AZ to discuss your matter and options for defense. If you hire a private criminal or DUI lawyer, they will usually request the police report for you from the police or prosecution. They generally request all information from the incident. This includes 911 transcripts, surveillance videos, and any other information available. Once you obtain a copy of your report from your attorney or the Phoenix Police Department you should carefully review it. Let your attorney know immediately if there is inaccurate or incorrect information on in the report concerning your personal information or incident.
The Law Office of James Novak is a private practice criminal defense firm and not affiliated with the Police Department. This is for general informational purposes only.
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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499
www.Arizonacriminaldefenselawyer.com
www.novakazlaw.com
www.arizonacriminaldefenseattorneyblog.com
www.phoenixduilawyerblog.com
“If there was no “Probable Cause for Arrest”, a good Phoenix criminal defense attorney may be able to get your Phoenix DUI charges dismissed.”
“Probable Cause” for Arrest Standard
“Probable Cause” to arrest is a higher standard than “reasonable suspicion” to stop someone to for DUI or criminal charge investigation. The “Probable Cause” standard is a right that originates from the Fourth Amendment of the United States Constitution. The Fourth Amendment requires that warrants and arrests be supported by “Probable Cause”. In other words, if no “probable cause for arrest” existed, then the arrest was unlawful; an unlawful arrest is a violation of your rights.
The Meaning of “Probable Cause”
“Probable Cause refers to actual evidence or facts needed by Phoenix police before they can arrest you. Examples of “probable cause” include evidence such as breathalyzer test results, Drug or Drug DUI blood test results or other chemical test results. For other criminal charges it may include such evidence as surveillance video; DNA results; fingerprints; or your admittance that you were driving drunk or committed a crime. The arrest is unlawful if the Police arrested you because they merely suspected you committed a crime, or were drunk driving in Phoenix.
DUI Defenses – No “Probable Cause” for Arrest
Once you retain a private practice criminal defense attorney, they will evaluate all the facts in your case. If they feel there is a strong enough argument for “no probable cause for arrest”, they will file appropriate motions with the court. This leaves severely weakens the prosecution’s case against you because the must present material evidence to get a conviction. As a result, this usually leads to dismissal of the DUI or criminal charges. If there was no “Probable Cause” to arrest you for criminal charges or DUI in Phoenix your criminal defense attorney will have a compelling argument that could lead to a dismissal of the charges.
Tempe DUI Lawyer for DUI Defense
If you face any DUI or criminal charges, you should consult a private practice Phoenix criminal defense lawyer as soon as possible. If retained, they may find defenses that can be used to challenge your charges, including “no probable cause for arrest”. Retaining a good Phoenix criminal lawyer can lead to a dismissal of your charges, and avoid a conviction that results harsh penalties including jail or prison.
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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499
www.Arizonacriminaldefenselawyer.com
www.novakazlaw.com
www.arizonacriminaldefenseattorneyblog.com
www.phoenixduilawyerblog.com
If you face Tempe DUI or criminal charges, a free consultation with a Tempe criminal defense lawyer or Tempe DUI attorney is a must. You should never “plead guilty” or go to court unrepresented, without at least speaking with a private practice criminal defense lawyer about your matter. There may be defenses that they can use to help you get your charges dismissed or harsh sentences reduced.
Free Consultations
You should know what to expect out of the free consultation. Here are 7 facts and tips to help you get the most out of it:
- Consult a Tempe Arizona criminal defense lawyer, who defends charges frequently in Tempe Courts. They will be familiar with court protocol and procedures, the judges, and prosecution. These aspects all work in favor of your defense if you retain them.
- It is up to the attorney whether they wish to provide the consultation by phone or in person. Your consultation can be just as effective by phone as in it would be in person. It will save you the inconvenience of driving, especially if your driver’s license was suspended or revoked due to DUI charges.
- Make sure will be speaking with an experienced criminal defense lawyer, and not a customer service or sales agent for the firm.
- The attorney will need some preliminary information, for the consultation. Answer directly and to the point as possible. Most of the information needed can be found on the Citation given to your following the arrest. The attorney may also ask for date of arrest; court date; name of court you are required to appear; nature or classification of the charges; your name, date of birth or age, and criminal record if you have past criminal convictions.
- Use the consultation as a means to find out more about the attorney. Things you may want to ask about include their DUI, Criminal defense and trial experience; licensure and credentials; and attorney fees. If you are not in a position to make the entire payment up front, ask if they are willing to arrange for a payment schedule.
- Find out who is actually handling your case at the Law Firm and who will be representing you in court. Find out who you can call if you have questions or concerns you have during the stages of your case.
- Ask them what is needed to retain their services. You can expect them to then schedule a meeting with you, to sign what is called a “fee agreement”; collect payment up front or a down payment for whatever has been agreed upon. The fee agreement gives the attorney legal authority to begin working on your case. They can then file the appropriate documents with the court, including formal notice that they are representing you, a plea of “not guilty” and notice of defenses on your behalf.
Tempe Criminal Defense Lawyer Tempe AZ
Choosing a criminal defense attorney is a very important decision. It is the opportunity you to find the best attorney and one that is right for you. It may take a little more time on your part, but it will be time well spent to preserve your future and freedom, if you face DUI or criminal charges in Tempe Arizona. A strong, and effective defense, can mean the difference between getting a harsh conviction and getting a favorable outcome in your case.
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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499
www.Arizonacriminaldefenselawyer.com
www.novakazlaw.com
www.arizonacriminaldefenseattorneyblog.com
www.phoenixduilawyerblog.com
“10 things to do after a Chandler DUI arrest that will help you recover from the DUI arrest, and even increase your chances of getting a DUI dismissal”.
DUI Arrest Chandler AZ
If you were arrested for DUI in Chandler AZ, and face active charges, you should consult a criminal defense attorney who defends DUI charges in Chandler as soon as possible. You will need a strong DUI attorney who will protect your rights through the DUI case stages. The Arizona penalties for DUI conviction are harsh and currently include mandatory jail time, even for non-extreme, first time offenders. The stakes are too high to go without good legal representation. There are also things you can do to take control of your life, and to prepare for the challenges ahead that surround the DUI charges.
10 Things to do after a Chandler DUI Arrest
Decreasing the impacts of DUI charges on your life will require two important elements:
A) Hiring a private practice criminal defense attorney who defends DUI charges, as early as possible.
B) Doing some things to that no one else will be able to do better than you.
(Note: This list is not all inclusive):
- Prepare yourself and family for your Release Conditions. If the release conditions are too harsh, your attorney can request Modification of Release Conditions.
- If your vehicle was impounded, find the location, and take necessary steps to retrieve it.
- If your license was suspended contact the Arizona MVD for a court hearing to challenge your driver’s license suspension. You will need to do this within 15 days of your arrest.
- If you have not hired a criminal attorney, you will need to appear (on time) for your scheduled court date. Failure to appear will result in a warrant or your arrest.
- Document the reason for which the police claimed stopped your vehicle. In order for the DUI stop to be lawful, police need to have “reasonable suspicion” that a violation of the law occurred or was in progress (this excludes DUI task force stops). If the stop was unlawful, any evidence thereafter can’t be used against you to pursue a DUI conviction.
- If the police also cited you for violations involving vehicle registration, license plates, or insurance, try to resolve the issues prior to your first court appearance.
- Repair any trigger problems or mechanical failures of the vehicle your vehicle that led to the DUI Stop such as broken windshields, head lights, brake lights, turn signals and the like.
- Take photographs at the location of the DUI stop and arrest including: landscaping at the field sobriety testing location; barriers, obstacles, stop signs, and traffic signals.
- Document a detailed narrative of all events surrounding the DUI stop and arrest. Include such things as what was said by you and the police; what you drank or ate within 24-48 hours of the stop; medications or drugs you took; names and contact information of witnesses, if known; and any other details you recall.
- If a field sobriety test (FST) was conducted, document lighting; weather conditions; landscaping; any physical limitations, medical conditions, disabilities, or impairments you suffered from at the time. Some locations or environments are not suitable for FSTs, and some people are not good candidates for Field Sobriety Testing. If an FST was preformed despite unfavorable conditions, good defense arguments exist.
Tempe DUI Lawyer for DUI Defense
What you do within the first 24-48 hours of your arrest is critical to the success of your defense of a Chandler DUI charge. The most important things you can do are to preserve your rights and retain an Attorney for your DUI defense. More ways to protect your rights, and more things you can do to strengthen your defense following a DUI arrest can be found in the free E-book “24 Hours – 24 Things You Should Do Following your DUI Arrest” written by James Novak, P.L.L.C DUI & Criminal Defense attorney in Arizona:
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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499
www.Arizonacriminaldefenselawyer.com
www.novakazlaw.com
www.arizonacriminaldefenseattorneyblog.com
www.phoenixduilawyerblog.com
Following a Gilbert DUI arrest or criminal charges, you will be taken into custody. It is highly recommended that you arrange for a consultation and retention of criminal defense attorney to represent you in your matter. The “Initial Appearance” is your very first court appearance after the arrest. It will be very brief. This is where the judge informs you of your criminal charges, and sets Release Conditions. In some cases you will want your attorney to file a motion to modify release conditions if they are too harsh, unfair, or unreasonable.
Release Conditions – The Judge’s Considerations for Release Conditions
Release conditions are set by the judge for the purpose of assuring you will appear for your next court date. The judge will consider numerous factors before setting your Release Conditions. Some of these factors include but are not limited to the following:
- Seriousness and nature of the criminal charges;
- Classification of the charges (felony verses misdemeanor)
- Permanent verses Temporary Residency;
- Family ties;
- Employment ties;
- Citizenship;
- Your financial resources;
- Victim involvement;
- Flight risk issues;
- Safety of the community if you are released;
- Other factors depending on the charges
Types of Release Conditions
1) Release on Own recognizance (OR) – You can be released on honor system with the understanding and you will appear for your next court date with no conditions;
2) Release on Bond – Your release will be contingent upon posting of a bond. This is a specified dollar amount you are required to post for assurance that you will return for your next court date. Depending on the amount, you may arrange to post it through a Bail Bond Company or Bondsman. In this event, you would need to provide collateral and a fraction or percentage of the bail to them. Then the Bond Company pays the entire bond to the court.
3) Release to a Third Party – You may be released to a third party such as parent, in the case of a juvenile, or other competent adult who will be responsible for making sure you return to appear for your next court date.
4) Pre-trial Services –Pre-trial Services are county, state, government programs, or non-profit agencies that assist the court in making bail bond or release condition decisions. Among other things, they provide risk assessments, evaluations, and recommendations to the court regarding your release conditions. Sometimes they will recommend and provide supervised release of the defendant to the program. They work closely with the court and the defendant to assure the defendant is not a threat to the safety of the community. They are responsible for making sure the defendant appears for their next court date.
Criminal Lawyer for Defense of Gilbert Criminal Charges
You should consult a Criminal Defense Lawyer who defends charges frequently in Gilbert Court if you face DUI or criminal charges. If you need your release conditions modified, your criminal attorney can file the necessary motions to the court. This will increase your chances of getting a modification of the release conditions, especially where exorbitant, or unreasonable amount of bail is being ordered to be posted. If successful you may be able to avoid incarceration until your next court appearance. Also, this brings your criminal attorney on board early to represent you which is key to a successful defense over all in your case.
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