Articles Posted in Gilbert Criminal Defense

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Aggravated DUI: Alcohol or Drug Dui with a Passenger Under Age 15 in the Vehicle Elevates a DUI to Felony

If a person is arrested for any type of DUI with a passenger underage 15 in the vehicle, the charges will be elevated from a Misdemeanor to Felony (Aggravated) Class 6 Felony, in addition to any other Misdemeanor DUI charges brought for the original DUI offense.

ARS § 28-1383 A 3 (a) & (b): Aggravated DUI with Passenger under 15 in vehicle Laws

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“If you were arrested for DUI it does not necessarily mean you will be found guilty.  Here are some common defenses that may help you avoid a  harsh DUI conviction. “

If you are facing DUI charges in Gilbert AZ, you have the right to defend your charges.  Arizona is well known for having some of the harshest penalties for DUI in the country. They include mandatory jail time for even a first offense, non-extreme, or non-aggravated DUI. The criminal justice court system can be overwhelming and the laws complex.  Arizona prosecutors are well trained and experienced at prosecuting DUI offenses.  You will need to have a qualified legal advocate to challenge their case against you through the formal criminal justice process.

DUI Defenses  

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“There may be justifiable defenses for even the most serious of drug possession charges.  But the most effective way to utilize  even the strongest of  defenses, is to retain an experienced criminal defense attorney to argue them on your behalf.” 

Gilbert Drug Charges

A large number of drug possession charges in Gilbert AZ are classified as felonies. Depending on the nature of the charges, you could face harsh penalties.  If the quantity if an illegal drug  exceeds statutory Threshold Amounts for the drugs found in your possession, you will be exposed to mandatory prison sentencing.  Defendants accused of possessing large quantities of illegal drugs are usually charged with  “possession with intent to sell” or “illegal drug sales”.  In either situation, your freedom and future are in jeopardy.  If retained, a good criminal  defense lawyer, will be able to evaluate your case and find viable defense that can be used to challenge your charges.      

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“Common Defenses that can be used to defend Drug Possession Charges in Gilbert AZ”

Arizona Drug Possession Laws

Defenses for Drug Possession Laws, are tailored based on the circumstances of the situation, Arizona Criminal Laws and Drug offense Laws; and a person’s Constitutional Rights afforded by Federal and State.

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  • Get more than one quote:  You can expect to get a wide range of quotes since there are no governing entities that require attorneys to charge a certain price. It is not uncommon to get quotes for a Misdemeanor DUI anywhere from $1500.00 to $7,500.00. With that keep in mind, that price is not a reflection of the competency or effectiveness a DUI or criminal lawyer to defend your case.  Many other factors contribute to a law firm’s decision on fee schedules. Some factors include overhead and operating costs; advertising costs; competition; and geographical area.
  • Understand global fees: Global fees structures are those that encompass the cost of both pre-trial and trial defense services. Global fees are usually much higher than flat fees. Before you agree to enter a global free agreement, you should know the differences and some statistics: Only about 2% to 3% of all Gilbert DUI and criminal cases end up going to trial. In perspective, that means 97% to 98% of cases are resolved, or dismissed without a trial. Then, if a trial is not needed, the Law Firm still keeps the entire global fee. No refunds. In all fairness, that is not to say charging global fees is a bad thing; some people prefer this structure, because it gives them peace of mind, in knowing they will not have to pay additional attorney fees for a trial if it is needed.
  • Understand flat fees: Flat fees arrangements are usually lower than global fees. They are “tiered”. The first tier includes a flat attorney fee for pre-trial services. If resolved in that tier, no additional fees are owed. If an unresolved case results in the need for a trial, there will be a separate fee, which is the second.  Those that chose this fee structure, prefer to pay the lessor flat fee, with the odds significantly in their favor (97% to 98%) that they will not need a trial. Make sure the separate tier fees are included in the fee agreement.
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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.

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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: