Articles Tagged with Pre Trial

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Mistake of Law

Mistake of Law is rarely a justifiable pre-trial defense. The Mistake of Law” is when a person knows they committed an act, but they did not know the conduct was against the law. It is different between “Mistake of Fact”. There are few circumstances where “Mistake of Law” is a justifiable defense. Arizona does not accept except ignorance, or lack of knowledge that a particular law exists as a valid defense. This is described under Arizona Law A.R.S. §13-204 (B). Not being aware or having knowledge of the law does not relieve a person of criminal liability. Mistake or lack of knowledge of the law itself, is not itself a justifiable defense

Mistake of Fact

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Motions to Dismiss

Under Arizona Rules of Procedure, which govern criminal cases, your defense attorney may be able to file a motion your DUI or criminal charges based on facts surrounding your case. In order for the presiding judge to grant a dismissal, the request must be make in writing, it must be justified and supported by Arizona law, legal case citation, or specified constitutional right.

Types of Motions that may lead to dismissal of Chandler DUI charges