Arizona Criminal Law Team https://www.azcriminallawteam.com Just another WordPress site Thu, 19 Oct 2017 00:51:55 +0000 en-US hourly 1 https://wordpress.org/?v=4.4.13 Get Legal Protection Against Prison Time for a Drug Crime https://www.azcriminallawteam.com/blog/get-legal-protection-against-prison-time-for-a-drug-crime/ https://www.azcriminallawteam.com/blog/get-legal-protection-against-prison-time-for-a-drug-crime/#respond Mon, 14 Aug 2017 20:00:14 +0000 https://www.azcriminallawteam.com/?p=1283 With opiate addiction surging in the United States, it should come as no surprise that drug offenses are the leading cause of federal incarceration among America’s youth. Although top-down reforms are slowly changing the way we deal with addiction, young people in America remain especially vulnerable to criminal prosecution for substance abuse and the recreational […]

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With opiate addiction surging in the United States, it should come as no surprise that drug offenses are the leading cause of federal incarceration among America’s youth. Although top-down reforms are slowly changing the way we deal with addiction, young people in America remain especially vulnerable to criminal prosecution for substance abuse and the recreational use of drugs.

Drug Conviction Statistics

According to a 2017 report conducted by the United States Sentencing Commission (USSC), 36.1% of federal inmates under the age of 25 were imprisoned for nonviolent drug offenses. Between 2010 and 2015, approximately 86,309 young people were sentenced to time in federal prison for drug-related crimes. The overwhelming majority (86 percent) of those convicted were male, and over half of them (57.8%) were Hispanic. Despite efforts to reform the criminal justice system for nonviolent offenders, the number of drug crime convictions has surged over the past seven years, after declining significantly from its peak at the turn of the century.

Drug convictions carry long-lasting consequences. A young adult who spends time in prison is likely to experience profound difficulties in finding employment, maintaining relationships, and making ends meet. There is also a high risk of recidivism: due to strict parole and probation policies, someone who has been in prison is more likely to return to prison. Young people who have been convicted of drug offenses stand to earn 10 to 30% less than their peers, and these income disparities can last a lifetime.

Changes Brought On By The Opioid Epidemic

The opioid epidemic has brought addiction out into the open. Drug addiction is no longer a problem confined to America’s inner cities: it affects our grandparents, our children, and our family and friends. Anyone who has been prescribed painkillers for an injury is at risk of becoming an addict, and addicts run the risk of incarceration.

A prime reason for the high rate of incarceration among America’s youth is due to young people who are either unable to afford or elect not to seek legal protection. A drug conviction does not need to end in incarceration. As prison reform continues to garner bipartisan support, more and more options exist to either mitigate or completely eliminate punishments for nonviolent drug offenders. Counseling and drug treatment are gaining recognition as more viable options for addressing the root causes of drug crimes without excessive and destructive prison-based punishments.

Seeking Legal Counsel

If you are a young person who has been accused of a nonviolent drug offense, an experienced attorney can mean the difference between prison time and freedom. A good lawyer can frame your case as a substance abuse issue, and not as a crime. The draconian policy of locking up drug offenders and throwing away the key is slowly becoming a thing of the past, but the high rate of incarceration among America’s youth tells us that we have a long way to go. If you are a young person looking at a drug charge, the courtroom is not the place to take your chances. By seeking legal counsel, you can ensure that you receive the help you need and avoid the sort of punishment that carries long-lasting consequences.

Laurence Banville. Esq is a leading sponsor of TheProductLawyers.com. Laurence is licensed to practice law in the state of New York. Originally from Ireland, Banville moved to the United States of America where he worked at law firms, refining his litigation and brief writing crafts. He is also the recipient of the Irish Legal 100 and the Top 40 Under 40 awards.

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What You Need to Know About Arizona’s Zero Tolerance DUI Laws https://www.azcriminallawteam.com/blog/what-to-know-about-arizonas-zero-tolerance-dui-laws/ https://www.azcriminallawteam.com/blog/what-to-know-about-arizonas-zero-tolerance-dui-laws/#respond Tue, 01 Aug 2017 16:54:58 +0000 https://www.azcriminallawteam.com/?p=1276 The state of Arizona has strict DUI laws which can lead to harsh penalties and numerous restrictions. Many out-of-town visitors driving around the Grand Canyon state are not aware of these laws, particularly the Zero tolerance DUI law. Read on to understand the zero-tolerance DUI laws in Arizona. What does zero-tolerance mean? The zero-tolerance law […]

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The state of Arizona has strict DUI laws which can lead to harsh penalties and numerous restrictions. Many out-of-town visitors driving around the Grand Canyon state are not aware of these laws, particularly the Zero tolerance DUI law. Read on to understand the zero-tolerance DUI laws in Arizona.

What does zero-tolerance mean?

The zero-tolerance law in Arizona means that an officer can still arrest you if you show signs of impairment or intoxication, even if you register a blood alcohol concentration less than the legal limit of 0.08 allowed for driving. The zero-tolerance law is applied even though Arizona Revised Statute 28-1381 stipulates that “it may be presumed that the defendant was not under the influence of intoxicating liquor” if the BAC is 0.05 percent or lower.

Different type of DUIs you can be charged with in Arizona

In Arizona, you can face any of the three different types of DUIs, depending on your BAC level and other factors. These types are explained as follows:

Standard DUI – A first offense DUI in Arizona is punishable by 10 days in jail and a fine of $1,500. The offender also has to pay jail costs and $80 monitoring fee and may be required to go through screening and counseling. The offenders’ driver’s license is suspended for 90 days and the offender will have to install an Ignition Interlock Device for 12 months.

A second offense standard DUI charge in Arizona, where the offender registers a BAC of 0.08 percent or more but less than 0.15 percent, is punishable by 90 days in jail. The offender is eligible for home detention after 6 days. Apart from that, the offender has to pay a fine of $3,500 along with jail and home detention costs and $80 monitoring fee. The offenders’ driver’s license is suspended for 90 days and the offender is required to install an Ignition Interlock Device for 12 months.

Extreme DUI – When someone registers a BAC of 0.15 percent, they are charged with DUI. Penalties for a first offense include jail sentence of 30 days, with home detention eligible after 2 days. The offender has to pay $2,780 in fines along with jail and home detention fee and $80 monitoring fee. The offender will be required to undergo screening and counseling. Their driver’s license will be suspended for 90 days and the offender will be required to install an Ignition Interlock Device for 12 months.

A second offense Extreme DUI charge carries higher penalties, with a jail sentence of 120 days. The offender also has to pay $3,740 in fines along with jail cost and monitoring fee. Their driver’s license is suspended for 1 year, followed by a mandatory installation of an Ignition Interlock Device.

Super Extreme DUI – Registering a BAC of 0.20 percent or more is considered a Super Extreme DUI in Arizona which is punishable by a jail sentence of 45 days. The offender has to pay about $3,240 in fines along with other fees. Their driver’s license is suspended for 90 days, followed by an Ignition Interlock period of 18 months. A second offense Super Extreme DUI carries even higher penalties.
If you are facing a DUI charge , get in touch with a DUI defense lawyer right away.

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Can you get a DUI on a bicycle in Arizona? https://www.azcriminallawteam.com/blog/can-you-get-a-dui-on-a-bicycle-in-arizona/ https://www.azcriminallawteam.com/blog/can-you-get-a-dui-on-a-bicycle-in-arizona/#respond Thu, 27 Jul 2017 22:25:47 +0000 https://www.azcriminallawteam.com/?p=1274 The state of Arizona has clear laws defined for driving under the influence. However, when it comes to riding a bicycle while under the influence of an intoxicant in Arizona, referred to as BUI (Biking Under the Influence) or CUI (Cycling Under the Influence), the laws are different. Read on to understand the bike laws […]

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The state of Arizona has clear laws defined for driving under the influence. However, when it comes to riding a bicycle while under the influence of an intoxicant in Arizona, referred to as BUI (Biking Under the Influence) or CUI (Cycling Under the Influence), the laws are different. Read on to understand the bike laws in Arizona better.

A “Bicycle” is defined as a device which is propelled by human power. Racing wheelchairs also fall under this category. A person may be able to ride on the device which either has two tandem wheels, either of which is more than sixteen inches in diameter, or it has three wheels that are in contact with the ground, any of which is more than sixteen inches in diameter.

On the other hand, a “Motor Vehicle” is defined as a self-propelled vehicle, or a device by which a person or property may be transported on a public highway. Devices moved by human power are excluded from this category.

By definition, bicycles are not motor vehicles as they are not self-propelled. Since the DUI statutes in Arizona define drunken driving as someone being in control of a motorized vehicle while under the influence, pedaling a bike or riding on a skateboard does not qualify as a motorized vehicle, hence you cannot face a DUI on a bike in Arizona.

Similarly, you cannot be charged with a DUI in Arizona if you are riding a horse while under the influence. The DUI laws in the state of Arizona require you to be actually in control of a vehicle while under the influence to be charged. The driver could be in control of a four wheeler, or some type of ATV, to be charged with a DUI. The deciding factor is the horsepower of the vehicle for someone to be charged with a DUI.

If you are not sure whether the ride you were on actually constitutes as a vehicle in the state of Arizona or not, get in touch with a DUI defense lawyer. Most lawyers provide a Free Initial Consultation session, which gives you the opportunity to discuss your case before hiring them.

Some other terms that you need to familiarize yourself with when it comes to DUI related bicycle laws in Arizona are listed below:
“Moped” refers to a bicycle that is equipped with a helper motor. It is a small motorcycle that generally has a less stringent licensing requirement than motorcycles and automobiles. A moped will typically travel at about the same speed as a bicycle on a public roadway.

A “Motor driven cycle” refers to a motorcycle with a motor that produces no more than five horsepower. This includes every motor scooter.
An “Autocycle” refers to a three-wheeled motorcycle on which the driver and passengers ride in a fully or partially enclosed seating area.

The vehicle is equipped with a roll cage, and has safety belts for each occupant. It also has antilock brakes and is designed to be controlled with a steering wheel and pedals.

For more information on these and other terms, refer to 28-101 of the Arizona Revised Statutes.

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What Are the Consequences of Driving on a Suspended License in Arizona? https://www.azcriminallawteam.com/blog/consequences-driving-suspended-license-arizona/ https://www.azcriminallawteam.com/blog/consequences-driving-suspended-license-arizona/#respond Sat, 01 Jul 2017 17:16:38 +0000 https://www.azcriminallawteam.com/?p=1279 Every day, thousands of people commute to and from one destination to the other to fulfill their daily responsibilities and many face tickets due to traffic violations. Common traffic violations include running a stop side, over speeding, going too fast or too slow, crossing the media, not using a seat belt, not signaling properly, not […]

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Every day, thousands of people commute to and from one destination to the other to fulfill their daily responsibilities and many face tickets due to traffic violations. Common traffic violations include running a stop side, over speeding, going too fast or too slow, crossing the media, not using a seat belt, not signaling properly, not stopping for pedestrians, driving in the carpool lane and so on. All of these violations carry penalties, depending on the severity of the situation, and add points to your driving record. Another serious offense a person can be charged with is driving on a suspended license. The driver’s license could be suspended as a result of any of the following reasons:

  • Accumulation of points on your driver’s license
  • Failing to appear in court for a traffic violation
  • Driving recklessly on the highways
  • Driving under the influence of an intoxicant
  • Leaving the scene of an accident involving injury or death
  • Facing alcohol-related offenses
  • Causing a serious accident or fatality using a motor vehicle
  • Having two or more previous convictions on record

Apart from the above listed points, there may be other reasons that can lead to license suspension. Read on to understand the consequences of driving on a suspended license in the state of Arizona.

Facing a Class One Misdemeanor

Anyone who knowingly operates a motor vehicle on a public highway with a driver’s license that is suspended, revoked or cancelled may have to face a class one misdemeanor under Arizona Revised Statute 28-3473. A class one misdemeanor carries a number of consequences, including a potential fine of up to $2,500 along with spending 6 months in jail. If you do not have proper legal counsel, the offender has no other choice but to concede to driving with a suspended license and entering a guilty plea. Getting assistance from a qualified criminal defense attorney will help reduce the charges.

Vehicle Impoundment

Driving around with a suspended license in Arizona may result in your vehicle getting impounded. These consequences are outlined under Arizona Revised Statute 28-3511 which provides the police officer right to remove, impound or immobilize your vehicle if you are found driving with a suspended or revoked driver’s license in Arizona.

Getting the charges dismissed

If your driver’s license was suspended as a result of unpaid civil penalties, you may have the option to have the charges against you dismissed. Get in touch with a criminal defense attorney who will be able to present evidence that your driving privileges have been reinstated. Do not attempt to handle the issue on your own. If the license suspension was caused as a result of a traffic violation or due to unpaid fees, getting your license reinstated will be a challenge. Getting legal representation will ensure that your rights and interests are protected at all times.

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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 […]

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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.

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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 […]

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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.

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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 […]

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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.

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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 […]

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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.

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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 […]

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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.

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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 […]

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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.

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