Arizona Criminal Law Team https://www.azcriminallawteam.com Just another WordPress site Thu, 08 Jun 2017 03:18:42 +0000 en-US hourly 1 https://wordpress.org/?v=4.4.10 Why Is Hiring An Attorney Crucial For A Criminal Case? https://www.azcriminallawteam.com/blog/why-is-hiring-an-attorney-crucial-for-a-criminal-case/ https://www.azcriminallawteam.com/blog/why-is-hiring-an-attorney-crucial-for-a-criminal-case/#respond Thu, 01 Jun 2017 22:41:13 +0000 https://www.azcriminallawteam.com/?p=1267 Hiring an attorney to help on any criminal case is a wise idea, because you’re not just talking about paying a fine and being done with it; they’re not like traffic ticket. With a DUI, you may face jail time, and with domestic violence cases, you may also face 26-week-long domestic violence classes, as well […]

The post Why Is Hiring An Attorney Crucial For A Criminal Case? appeared first on Arizona Criminal Law Team.

]]>
Hiring an attorney to help on any criminal case is a wise idea, because you’re not just talking about paying a fine and being done with it; they’re not like traffic ticket. With a DUI, you may face jail time, and with domestic violence cases, you may also face 26-week-long domestic violence classes, as well as drug and alcohol testing, all of which can cost you dearly. It just depends on the charge.

Even some traffic offenses can be difficult to handle because, in addition to fines, there are other things to consider. For example, a charge of criminal speeding may cost you a fine, but you may have choices available, such as defensive driving classes. Also, since criminal speeding can put eight points on your driving record, which is huge, while the classes may cost you $200, you may be able to avoid the criminal conviction and eight points on your record.

Will the Courts Think I’m Arrogant for Hiring a Private Attorney?

No; public defenders are for indigent people who can’t afford a private attorney. Everyone is entitled to an attorney; if they truly can’t afford one, the state will provide one, so whether or not the state pays for it you have a valued right to counsel; it’s a constitutional issue.

What Should I Look For in An Attorney?

Obviously, it’s always important to look for experience in an attorney, but their work ethic is also important; you want to know they’ll work hard on your case and not just plea you out. You’ll learn a lot based on how you feel about them, whether you get along with them and can communicate; those are also important.

Overall, it’s all important; their experience, the type of relationship you have with them and just a gut feeling that they understand your goals and want to help you reach them, as long as they’re reasonable goals, and why you may or may not achieve them, and do so honestly.

It’s always a good idea to shop around. In fact, it doesn’t bother me when my client shops around before choosing me, because it means they trust me. Sometimes clients don’t believe it when we tell them we won’t have a lot of information until the first pre-trial conference, and they want answers right away; they sometimes jump the gun, but I can’t do that. If I go to the prosecutor with guns blazing and act as if we’re not going to trial, they may not get a good result.

If the client has shopped around and I am the attorney they feel most comfortable with, they tend to feel more confident and trust me more, because they know who’s the most experienced and trustworthy, compared to the competition. When I tell them something or share strategy with them, they tend to be more inclined to listen and to feel more comfortable with their choice.

Is it Worth Borrowing Money to Hire a Private Attorney For a Criminal Case?

You shouldn’t have to take out a loan because you can usually find an attorney who charges reasonable fees, and they can work out a payment plan with you. However, if you do have to take out a loan for a serious case, such as a Class 1 felony with multiple priors and you need to go to trial, it will still be worth it because you’re not an attorney; you don’t know how to represent yourself. You’re talking about your life, after all.

For more information on Importance Of Hiring An Attorney, please call (480) 442-8343 today to schedule a free initial consultation. Get the information and legal answers you’re seeking.

The post Why Is Hiring An Attorney Crucial For A Criminal Case? appeared first on Arizona Criminal Law Team.

]]>
https://www.azcriminallawteam.com/blog/why-is-hiring-an-attorney-crucial-for-a-criminal-case/feed/ 0
When Should You Contact an Attorney? https://www.azcriminallawteam.com/blog/when-should-you-contact-an-attorney/ https://www.azcriminallawteam.com/blog/when-should-you-contact-an-attorney/#respond Thu, 01 Jun 2017 22:39:53 +0000 https://www.azcriminallawteam.com/?p=1264 Interviewer: At what point during this process should someone contact you? AZ Criminal Law Team Lawyer: As soon as someone is under suspicion for a DUI, you can always ask for counsel. So, once you’re stopped, you can always say I would like to speak to an attorney. Most times in the cases I have […]

The post When Should You Contact an Attorney? appeared first on Arizona Criminal Law Team.

]]>
Interviewer: At what point during this process should someone contact you?

AZ Criminal Law Team Lawyer: As soon as someone is under suspicion for a DUI, you can always ask for counsel. So, once you’re stopped, you can always say I would like to speak to an attorney. Most times in the cases I have come across, the officers are saying, “okay, when you get to the station we’ll allow you to make a call.” The police officers leave the individual in a room with the phone book. You always can ask for an attorney at any point in an investigation.

The Attorney Will Investigate If the Officers Had Reasonable Suspicion to for the Stop

When a client first meets with me I ask to see their paperwork. I always ask why they were stopped in the first place to see whether there was reasonable suspicion to pull that person over. Then I sit down and I go over the case with them and if there are MVD issues we go through those.

If it’s a drug case, my first questions are generally related to the the quantity. I go over all of the thresholds. If it’s DUI with drugs and if it’s marijuana-related I ask whether they had a marijuana card. If its prescription drugs, then I see if that person had a prescription for those drugs.

Interviewer: Then from my understanding there’s like an initial trial arrangement. What happens there?

AZ Criminal Law Team Lawyer: The first initial appearance is where release conditions are set by the judge such as setting a bond or releasing the person on their own recognizance or to pre-trial services. Then the next court date is set and given to that person.

Arizona’s Diversion Program

Interviewer: Does Arizona allow people to enter any special programs for drug-related offenses?

AZ Criminal Law Team Lawyer: TASC is a drug diversion program available to first time offenders who had a certain quantity of drugs for personal use. They can enter the diversion program and delete the crime from their record. As long as you don’t inject drugs or have any violent crimes on your record, or drugs for sale, you can be eligible for this program. TASC is a program that usually last six month, twelve months, maybe longer, where you have to call in from time to time, submit to drug tests and complete classes and education. The amount of time in TASC depends on the drugs you are caught with. Marijuana is generally a shorter amount of time whereas heroine or cocaine are longer programs. If you complete the program, TASC then sends a letter to the prosecutor and the case gets dismissed.

In Most Drug-Related Cases, It Is Advisable to Retain an Attorney to Examine the Case for Legal Issues that Can Promote a More Favorable Outcome than Pleading Guilty and Offering No Defense

Interviewer: Is it ever advisable to plead guilty and expect to receive mercy from the court?

AZ Criminal Law Team Lawyer: The average person can’t be expected to look at a police report and spot legal issues. It is always advisable to consult with an attorney.

The post When Should You Contact an Attorney? appeared first on Arizona Criminal Law Team.

]]>
https://www.azcriminallawteam.com/blog/when-should-you-contact-an-attorney/feed/ 0
When Might an Individual Plead No Contest? https://www.azcriminallawteam.com/blog/when-might-an-individual-plead-no-contest/ https://www.azcriminallawteam.com/blog/when-might-an-individual-plead-no-contest/#respond Thu, 01 Jun 2017 02:22:25 +0000 https://www.azcriminallawteam.com/?p=1258 Interviewer: What sort of cases or situations would be beneficial for someone to plead no contest? If Impairment Is an Issue and the Individual Has a Hazy Recollection of the Events, a Plea of No Contest May Be Advisable AZ Criminal Law Team Lawyer: In drug cases or DUI’s where impairment is a big part […]

The post When Might an Individual Plead No Contest? appeared first on Arizona Criminal Law Team.

]]>
Interviewer: What sort of cases or situations would be beneficial for someone to plead no contest?

If Impairment Is an Issue and the Individual Has a Hazy Recollection of the Events, a Plea of No Contest May Be Advisable

AZ Criminal Law Team Lawyer: In drug cases or DUI’s where impairment is a big part of it and people can’t remember what happened, a no contest plea may be advised. When there are substantial enough facts or you think that the State will be able to prove that you did it, although you don’t have a memory of it, that’s when the court will let you plead no contest. The State has to tell the court why it’s in the interest of justice that they allow the defendant to plead no contest.

What Is Discovery?

Interviewer: Now I wanted to go into the actual preparation of going to the trial. Let’s talk about the full discovery of the case. What does that refer to, and what’s involved with that?

Discovery Is All the Evidence in a Case, Including Police Reports, Video Recording and Lab Analysis

AZ Criminal Law Team Lawyer: Discovery means obtaining all the things that are involved with the case, so discovery has a lot of meaning. It means the police reports, lab results, and video. Anything that’s involved with the case that the State could use against the person in trial is considered discovery.

Discovery has a lengthy meaning because it can involve thousands and thousands of pages of evidence against someone if there’s some sort of fraud and they’ve been monitoring the person for a long time. All the documents related to that surveillance would be considered discovery in a case, and we obtain that at the pretrial level. Usually all discovery has to be turned over that the State intends to use in a trial.

The post When Might an Individual Plead No Contest? appeared first on Arizona Criminal Law Team.

]]>
https://www.azcriminallawteam.com/blog/when-might-an-individual-plead-no-contest/feed/ 0
When Is It Beneficial to go to Trial? https://www.azcriminallawteam.com/blog/when-is-it-beneficial-to-go-to-trial/ https://www.azcriminallawteam.com/blog/when-is-it-beneficial-to-go-to-trial/#respond Thu, 01 Jun 2017 02:20:12 +0000 https://www.azcriminallawteam.com/?p=1256 Interviewer: What sort of cases would one want to go to a trial, strategically? What sort of cases would that be desirable? Individuals That Are Innocent of the Charge or Their Cases Have Substantial Legal Issues Would Be Advised to Go to Trial AZ Criminal Law Team Lawyer: When the individual is truly innocent. When […]

The post When Is It Beneficial to go to Trial? appeared first on Arizona Criminal Law Team.

]]>
Interviewer: What sort of cases would one want to go to a trial, strategically? What sort of cases would that be desirable?

Individuals That Are Innocent of the Charge or Their Cases Have Substantial Legal Issues Would Be Advised to Go to Trial

AZ Criminal Law Team Lawyer: When the individual is truly innocent. When there are legal issues. I have a case right now where there’s no impairment in the person’s system. There are drugs, but they’re all metabolite drugs, so there’s no way to prove that that person was actually impaired at the time.

A legal issue like that can lead a person to decide to take their case to trial. Also, if there’s no factual basis. Sometimes, prosecutors charge things a certain way, and there’s not enough evidence to support the factual basis for that charge.

Interviewer: Are there any typical offenses that you can give us an example of?

The Individual Circumstances of the Case Dictate If a Trial Is Advisable

AZ Criminal Law Team Lawyer: No. I don’t think you can say that there’s certain offenses that people can take to trial. Everything is so different. Everyone’s circumstances are so different. A lot of it is determined by what’s in the police report, what legal issues come up, what factual issues come up. What we can find through investigation. Every case is so different.

There’s not a certain type of case where you can say a person should take it to trial or not take it to trial, but if a plea agreement is not reached, then the case can go to trial. A lot of times, at the pretrial level there are negotiations and settlement conferences.

Through all the stats, sometimes we’re not able to obtain the plea agreement that the person may decide that they’re going to take it to trial. The issue with that is a lot of times people have priors. There’s more severe consequences than what the plea agreement has, what the plea agreement offers. But, sometimes it makes sense for someone to take it to trial if they have a legal issue and a good defense.

The post When Is It Beneficial to go to Trial? appeared first on Arizona Criminal Law Team.

]]>
https://www.azcriminallawteam.com/blog/when-is-it-beneficial-to-go-to-trial/feed/ 0
When Are You Protected by Miranda Rights? https://www.azcriminallawteam.com/blog/when-are-you-protected-by-miranda-rights/ https://www.azcriminallawteam.com/blog/when-are-you-protected-by-miranda-rights/#respond Thu, 01 Jun 2017 02:18:07 +0000 https://www.azcriminallawteam.com/?p=1253 Interviewer: Can you expand on how and when the Miranda Rights come into play when confronted by police officers, on the roadside or on the street or at home? Answers to Questions Posed by the Police That Can Potentially Incriminate Are Protected by Miranda Rights AZ Criminal Law Team Lawyer: That is a frequently asked […]

The post When Are You Protected by Miranda Rights? appeared first on Arizona Criminal Law Team.

]]>
Interviewer: Can you expand on how and when the Miranda Rights come into play when confronted by police officers, on the roadside or on the street or at home?

Answers to Questions Posed by the Police That Can Potentially Incriminate Are Protected by Miranda Rights

AZ Criminal Law Team Lawyer: That is a frequently asked question. Miranda Rights must be read anytime a police officer starts questioning a person after they have been arrested. An officer will not read Miranda Rights, and do not need to read Miranda Rights prior to the person being placed under arrest. A police officer can come up to you and question you if they think they have reasonable suspicion that criminal activity is occurring but once you’re actually under arrest, they have Mirandize you.

Is It Likely That Retaining an Attorney Can Improve the Outcome of a Criminal Case?

Interviewer: When you’re working with clients, how often are you able to get charges dropped or dismissed?

AZ Criminal Law Team Lawyer: Quite often, almost on every case, we’re able to get the charges dropped or dismissed.

Does Arizona Allow Judges to Impose Alternate Punishments for Certain Offenses?

Interviewer: Let’s talk about alternative punishments to jail that people may qualify for.

There Are Drug Treatment Programs and Diversion Programs for Drug- and Alcohol-Related Offenses

AZ Criminal Law Team Lawyer: The option of an alternate punishment depends what the crime is. If a possession of Marijuana, in Arizona, possession of Marijuana can be subject to probation mandatory. There probation mandatory for the first couple of offenses, there’s also a program called TASC that people can do when they’re charged with possession of Marijuana, which is a drug treatment program. For people charged with minor consumption of alcohol, there are often Diversion programs available as an alternative to jail.

The post When Are You Protected by Miranda Rights? appeared first on Arizona Criminal Law Team.

]]>
https://www.azcriminallawteam.com/blog/when-are-you-protected-by-miranda-rights/feed/ 0
What to Avoid If You Are Facing a Criminal Charge https://www.azcriminallawteam.com/blog/what-to-avoid-if-you-are-facing-a-criminal-charge/ https://www.azcriminallawteam.com/blog/what-to-avoid-if-you-are-facing-a-criminal-charge/#respond Thu, 01 Jun 2017 02:16:33 +0000 https://www.azcriminallawteam.com/?p=1250 Interviewer: What are some common ways that people unintentionally incriminate themselves or hurt their pending case both before and after that they are arrested? You Can Request an Attorney as Soon as You Are Stopped by the Police AZ Criminal Law Team Lawyer: When police officers stop someone and ask them questions, people should know […]

The post What to Avoid If You Are Facing a Criminal Charge appeared first on Arizona Criminal Law Team.

]]>
Interviewer: What are some common ways that people unintentionally incriminate themselves or hurt their pending case both before and after that they are arrested?

You Can Request an Attorney as Soon as You Are Stopped by the Police

AZ Criminal Law Team Lawyer: When police officers stop someone and ask them questions, people should know that they have the right to an attorney and can request one as soon as they’re stopped. That way they don’t incriminate themselves.

Samples You Provide to the Police Can be Independently Tested for Your Defense

People can request to have independent tests performed on blood or urine that they have submitted to the police. You don’t need to make statements when you are arrested, you can decide that you don’t want to tell the officers anything and you can always request an attorney.

Do People Have Common Reactions When They Are Charged with a Crime?

Interviewer: What have you learned personally about people’s behavior and like their reactions to be arrested and prosecuted for a crime? What kind of human insights have you gained into the whole process?

Many People Divulge Too Much Information to the Police during an Arrest

AZ Criminal Law Team Lawyer: I would say that the biggest commonality is in some sense, people just tell the officer everything and they don’t need to. They need to know that they can have rights and they can invoke the right to an attorney and not state everything that’s on their mind.

I think when people get pulled over by police officers it’s an intimidating experience, and most people just feel that when they don’t answer a police officer they’ll upset the officer, that they should be answering all their questions and you don’t need to.

You have every right to not answer questions and incriminate yourself.

Many People Commonly Experience Fear First, Followed by Anger

Interviewer: Are most of your clients very scared or are most of them angry about the charge?

AZ Criminal Law Team Lawyer: I think people are more scared when they’re pulled over. I think the anger comes afterwards. When they realize that when they read the police report and realize that officers generally put protocol language into their police reports on why they were arrested and put in there all of the statements that someone made. I think people get angry when they see that.

Is a Criminal Charge Public Information?

Interviewer: If I was to get arrested, how public would my situation be? Will my work, my friends and family find out about it?

Most Charges Are Not Publicized

AZ Criminal Law Team Lawyer: Not necessarily. When someone’s charged their arrest documents can become public record, as well as when their court dates are. This information is public record but as far as families really being tipped off as to their members having a criminal case I don’t really see how that would happen.

A DUI Received by a Professional Driver Is One of the Few Charges Employers Would Learn about

However, generally people would have to tell their family. As for work, it depends on where people work and what type of job they do, I’ve had clients who drive cars for living and have received DUIs so they need to tell their job. For other people it’s not an issue, they can keep working and not report the crime they have been charged with to their employer. It depends on the type of work someone does.

The post What to Avoid If You Are Facing a Criminal Charge appeared first on Arizona Criminal Law Team.

]]>
https://www.azcriminallawteam.com/blog/what-to-avoid-if-you-are-facing-a-criminal-charge/feed/ 0
What Should I Ask An Attorney? https://www.azcriminallawteam.com/blog/what-should-i-ask-an-attorney/ https://www.azcriminallawteam.com/blog/what-should-i-ask-an-attorney/#respond Thu, 01 Jun 2017 02:14:51 +0000 https://www.azcriminallawteam.com/?p=1247 Some people want to be told their case will be dismissed. I’ve had people come in my office with a case that looked bad for them, but they don’t understand that their case is more about damage control; they blew a 0.30 BAC, but they want it all to be gone; they want the end […]

The post What Should I Ask An Attorney? appeared first on Arizona Criminal Law Team.

]]>
Some people want to be told their case will be dismissed. I’ve had people come in my office with a case that looked bad for them, but they don’t understand that their case is more about damage control; they blew a 0.30 BAC, but they want it all to be gone; they want the end result to be the equivalent of doing donuts in a parking lot. People like that have unreasonable expectations; they want the attorney to tell they’re going to file and win this.

That’s not my style; I tell people the best that can happen and the worst that can happen, as well. I also tell them what happens most often and tell them that I’m dealing with the case and how I plan to handle it. And let them decide if they want to hire me. Attorneys should be upfront about everything.

Therefore, you should ask an attorney how often they see a case like this, in this type of situation, and you should ask them the possible and probable outcomes, based on what they see. For example, if someone told me they had their first DUI, caused an accident and blew a 0.30 BAC, I would tell them that they would typically receive the minimum sentence for the first offense. But because of the accident and high BAC, it wouldn’t be surprising if they asked for more jail time than normal. The circumstances put them a little bit outside the norm.

Sometimes, we will see people who blow a 0.09 or 0.10 BAC, and it’s their first time DUI, and they only had a license plate out; they were nice, didn’t cause trouble or fight with anyone, no one’s hurt, and we will tell them they’re probably looking at the minimum here. Obviously, if there are any legal issues or there was something wrong with the machine, they could turn into a factual issue that could result in a suppression and perhaps a better outcome, such as a reduction to reckless driving or a dismissal.

Should I Hire an Attorney For a Second Offense If The First Offense Was Unsuccessfully Defended?

Whether that is a good idea depends on the charge; if you’re looking at felonies, then you’ll need someone to help negotiate a better plea. If they can or will allege your priors, you’ll be looking at an enhanced sentence. It will depend on what the first attorney did. You pay for experience and knowledge and hopefully they are good at their job and make an effort to improve your situation.

There are some situation in which an attorney does nothing avoid the mandatory minimums, which means they’ll have to take a DUI on their record. Then another attorney looks at the same case a year later and realizes that the first attorney should have told you something was unconstitutional and the whole case should have been dismissed.

You pay an attorney to make the effort to bring about the best outcome possible for you. Make sure you hire the best professional attorney you can; shop around and make sure they make an effort to work for you.

For more information on Things To Ask An Attorney, please call (480) 442-8343 today to schedule a free initial consultation. Get the information and legal answers you’re seeking.

The post What Should I Ask An Attorney? appeared first on Arizona Criminal Law Team.

]]>
https://www.azcriminallawteam.com/blog/what-should-i-ask-an-attorney/feed/ 0
What Is The Biggest Mistake People Make When Hiring An Attorney? https://www.azcriminallawteam.com/blog/what-is-the-biggest-mistake-people-make-when-hiring-an-attorney/ https://www.azcriminallawteam.com/blog/what-is-the-biggest-mistake-people-make-when-hiring-an-attorney/#respond Thu, 01 Jun 2017 02:13:28 +0000 https://www.azcriminallawteam.com/?p=1244 The single biggest mistake people make is not listening to their attorney, but closely behind that is not asking questions and not taking notes, which causes them to forget and forces the attorney to spend a lot of time explaining the same things over and over again, and not spending as much time on other […]

The post What Is The Biggest Mistake People Make When Hiring An Attorney? appeared first on Arizona Criminal Law Team.

]]>
The single biggest mistake people make is not listening to their attorney, but closely behind that is not asking questions and not taking notes, which causes them to forget and forces the attorney to spend a lot of time explaining the same things over and over again, and not spending as much time on other important aspects of your case. Another big mistake people make is when the attorney asks them to do something for them and they either don’t do it or take weeks or months to get them something they really needed.

Does an Attorney Wants to Talk and Get to Know The Client’s Concerns?

This issue isn’t about the attorney not wanting to talk, but rather, having the time to talk. Attorneys have other clients and cases to work on; they have deadlines, court appearances and other demands on their time.

That’s why a 30-minute consultation is so valuable and reasonable. At a certain point, it becomes a compromise; the attorney gives up their valuable time and takes some time away from paying clients, deadlines and things that need to be done to help you and they’re doing it for free. If you want more time, it’s reasonable to ask that you pay for a longer consult or to retain them and have the rest of your questions answered after that.

Things To Keep In Mind When Meeting With An Attorney Recommended By Friends or Family

Hopefully that family friend or family attorney has experience handing the area of law pertaining to your case. For example, it’s not a good idea to hire a family attorney to handle criminal matter because the experience isn’t there. If you’ll be paying the family friend the same amount, or even a little less, it makes more sense to pay someone who is not a family friend, but who has experience in the type of criminal law you need.

Whoever you hire, make sure they know the area of law you need because, after all, it’s your life and your freedom that is at stake. Getting the wrong information about an issue from an attorney who doesn’t know what he or she is talking about is also very stressful. I remember once case in which someone hired a family attorney to handle a criminal case, and that attorney made him think a grand jury and pending charges and warrants were all secret, which is not true.

He panicked, came to me, and it took me a long time to show him that he didn’t have a case against him. There weren’t any pending charges and he was all panicked and it took me forever to show him that he didn’t have a case. I checked everything; the warrant database; the Superior Court and Scottsdale courts; everywhere. The grand jury was summoned months earlier and there weren’t any pending charges, but the previous attorney freaked him out. That family lawyer didn’t help.

Is It Always Better To Retain An Aggressive Attorney?

It’s necessary to be aggressive, but only at the appropriate times. Initially, they shouldn’t be aggressive because it won’t make the prosecutor want to work with them. Attorneys have to work with people in a working environment; how much do you like working with someone who is always aggressive? Probably not much. It’s necessary to be aggressive at certain points, when it is necessary to get the best result, but if they’re so aggressive they turn the judge and jury off or harass a witness too much, that doesn’t help.

For more information on Mistakes Committed When Hiring An Attorney, please call (480) 442-8343 today to schedule a free initial consultation. Get the information and legal answers you’re seeking.

The post What Is The Biggest Mistake People Make When Hiring An Attorney? appeared first on Arizona Criminal Law Team.

]]>
https://www.azcriminallawteam.com/blog/what-is-the-biggest-mistake-people-make-when-hiring-an-attorney/feed/ 0
What Are the Steps in an Alcohol- or Drug-Related Investigation That Lead to an Arrest? https://www.azcriminallawteam.com/blog/what-are-the-steps-in-an-alcohol-or-drug-related-investigation-that-lead-to-an-arrest/ https://www.azcriminallawteam.com/blog/what-are-the-steps-in-an-alcohol-or-drug-related-investigation-that-lead-to-an-arrest/#respond Thu, 01 Jun 2017 02:12:25 +0000 https://www.azcriminallawteam.com/?p=1241 Interviewer: What are the steps in a drug-related arrest? What happens if someone gets pulled over and then they are arrested, what happens after that? Based on the Officer’s Observations of the Driver, They Will Be Asked to Exit Their Vehicle and Perform Field Sobriety Tests AZ Criminal Law Team Lawyer: When someone gets pulled […]

The post What Are the Steps in an Alcohol- or Drug-Related Investigation That Lead to an Arrest? appeared first on Arizona Criminal Law Team.

]]>
Interviewer: What are the steps in a drug-related arrest? What happens if someone gets pulled over and then they are arrested, what happens after that?

Based on the Officer’s Observations of the Driver, They Will Be Asked to Exit Their Vehicle and Perform Field Sobriety Tests

AZ Criminal Law Team Lawyer: When someone gets pulled over, usually the officer will state that they smell odor of alcohol and/or they notice a person’s bloodshot watery eye. Officers then usually go into questioning that person about whether they have had anything to drink or if they have taken any drugs. They phrase the question as “have you been smoking marijuana” or “how many drink have you had tonight?” Based on their observations, they’ll decide whether they want to ask the person to step out of the car and have that individual participate in field sobriety tests.

If the Officer Believes the Driver Failed the Field Sobriety Tests, the Driver Will Be Asked to Consent to a Breath or Blood Test

After the person steps out of the car, they’ll have them submit to field sobriety tests. If the officers determine that person did not pass those tests then they go on to either do a breath test or draw blood.

Refusing the Blood Test Will Result in a Warrant to Compel You to Submit and a Year-Long License Suspension

Now, with the blood a person can expressly consent to the draw after they are read the admin per se. If they do not consent, then the police have to obtain a warrant. If the person does not consent to the blood draw and there is a BAC level above a .08, the MVD will suspend that person’s license for one year. When you do consent do a blood draw, under the admin per se rules, the MVD will suspend a persons license for ninety days.

Interviewer: How long does it take for the police to get that warrant?

AZ Criminal Law Team Lawyer: It’s pretty immediate. There’s a 24/7 judge that’s on call so it’s now as easy as making a phone call. It takes only a few minutes.

When Should You Be Read the Miranda Rights during an Alcohol- or Drug-Related Arrest?

Interviewer: When should people here their Miranda rights during this process?

AZ Criminal Law Team Lawyer: Well, a police officer is supposed to Miranda someone prior to the time of arrest and when a person is subject to any interrogation.

The post What Are the Steps in an Alcohol- or Drug-Related Investigation That Lead to an Arrest? appeared first on Arizona Criminal Law Team.

]]>
https://www.azcriminallawteam.com/blog/what-are-the-steps-in-an-alcohol-or-drug-related-investigation-that-lead-to-an-arrest/feed/ 0
What Are the Differences in the Charges of Possession versus Intent to Distribute? https://www.azcriminallawteam.com/blog/what-are-the-differences-in-the-charges-of-possession-versus-intent-to-distribute/ https://www.azcriminallawteam.com/blog/what-are-the-differences-in-the-charges-of-possession-versus-intent-to-distribute/#respond Thu, 01 Jun 2017 02:11:24 +0000 https://www.azcriminallawteam.com/?p=1238 Interviewer: Let’s start off with the drug-related terms possession versus the intent to distribute or sell. What’s the difference? AZ Criminal Law Team Lawyer: You can be charged with intent to sell even if the drugs in your possession were for your personal use. The quantity of the drugs and other circumstantial evidence can lead […]

The post What Are the Differences in the Charges of Possession versus Intent to Distribute? appeared first on Arizona Criminal Law Team.

]]>
Interviewer: Let’s start off with the drug-related terms possession versus the intent to distribute or sell. What’s the difference?

AZ Criminal Law Team Lawyer: You can be charged with intent to sell even if the drugs in your possession were for your personal use. The quantity of the drugs and other circumstantial evidence can lead to this outcome. The police often overcharge intent to sell when a simple possession offense is all that the facts will support. Per A.R.S §13-3407(A)(2) and A.R.S §13-3407(A)(7) it is unlawful to knowingly possess a dangerous drug for sale, or to transport a dangerous drug for sale. The statute however does not define what qualifies as “possession for sale” nor does it define what “transportation for sale” is. Usually, if the amount of drugs that the defendant was found with meets the threshold amount, it is assumed that the defendant had the drugs in order to sell them.

Interviewer: Let’s talk about the medical marijuana law. What can you tell me about that?

AZ Criminal Law Team Lawyer: The 2010 Arizona Medical Marijuana Act allows those with a doctor’s recommendations to get cards from the state allowing them to legally obtain and possess up to 2 1/2 ounces of marijuana every two weeks.

Even with a Medical Marijuana Card, Will an Individual Face Criminal Charges for Possession of Marijuana?

Interviewer: Even with a Medical Marijuana Card, Will an Individual Face Criminal Charges for Possession of Marijuana?

AZ Criminal Law Team Lawyer: Always carry less than 2.5 ounces of marijuana with you at all times and you can’t be arrested for drug possession if you have a valid medical marijuana card. Always have your card on hand as well as proof that you are a medical marijuana patient.

The post What Are the Differences in the Charges of Possession versus Intent to Distribute? appeared first on Arizona Criminal Law Team.

]]>
https://www.azcriminallawteam.com/blog/what-are-the-differences-in-the-charges-of-possession-versus-intent-to-distribute/feed/ 0