“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