Arizona DUI Defense

Driving Under the Influence:
In Arizona, a DUI may occur in several different ways. A DUI may be a misdemeanor or a felony. But under Arizona law, any DUI conviction requires jail or prison and the loss of your Driver’s license and needs the proper defense.

Domestic Violence (DV):
In Arizona, if you commit a crime in which the victim is related by marriage or is residing with you, the offense probably falls within the mandatory DV guidelines. A DV offense may require jail and may affect your gun rights.

Sex Crimes:
These offenses may include rape, sexual assault, indecent exposure, public sexual indecency, and pornography. If convicted of these offenses, you will normally be facing mandatory prison and a requirement to register as a sex offender.

Fraud Schemes/Theft:
Under the general language of the statutes, these offenses may include embezzlement, burglary, general theft and shoplifting.

Drugs:
Your offense may result in mandatory NO JAIL or mandatory incarceration depending on previous convictions or the amount of drugs found.

Aggravated Assault:
If the assault or injury to another person was caused by a gun, knife, car, or other dangerous weapon or instrument, and you are convicted, prison is mandatory. If no weapon was used, the offense is normally a misdemeanor with no mandatory jail.

Warrants/Extraditions:
I can normally assist in surrendering individuals on warrants and arranging for release conditions pending the outcome of your matter. It does not matter if the warrant is in Arizona or out of State, you need defense.

Motor Vehicles:
If possible, I can help you deal with problems concerning your driver’s license.

Contact us at 480-227-7922.

Appeals and Post Conviction Matters:
If you have pled guilty or been convicted of a criminal offense and wish to challenge the conviction, I can assist you in raising those concerns to the appropriate court.

If you require additional assistance, or have other questions, please contact me and I will be glad to assist you.

GENERAL COURT AND PROCEDURAL INFORMATION

Type of Offense
In Arizona there are two basic types of criminal offenses: Misdemeanors and Felonies. A misdemeanor is any criminal offense in which no prison is possible, but jail is possible. A felony is any criminal offense in which prison is possible.

Jail is controlled by the County and may allow for work release or work furlough. A jail sentence may not exceed one year from the date of conviction. Probation is possible and may or may not be supervised by the courts.

Prison is controlled by the State of Arizona. No work release or furlough is possible. In most cases, you are not eligible for release until you have served at least 85% of your time. Prison may be as little as 4 months and as high as a life sentence or incarceration pending the execution of a death sentence.

Initial Appearance (IA)
After being arrested, you will be brought before the court for an initial appearance. The basic function of the IA is for you to be advised of the reasons for your arrest, to set the conditions of your release, and to advise you of your next court date.

Release Conditions

1. Own recognizance (O.R.):
   You are released solely on your promise to appear at your future court appearances.
   
2. Pre-Trial Services:
   This release is supervised and may include drug testing.
   
3. Third-Party:
   A third party is responsible for making sure you appear in court.
   
4. Bond:
   The court requires you to post cash or property before you are released from custody. If you fail to appear for court, the court may take the money posted. You may post the bond personally or use a bail bondsman. The bondsman will normally charge you a fee of 10% of the bond plus collateral equal to the total bond. Shop around for the best deal with the least restrictions.
   

• Probable Cause Hearing (felonies only)

1. Preliminary Hearing:
   Normally set in a Justice Court, a judge will determine if the State has sufficient evidence to continue its case at trial.
   
2. Grand Jury:
   A proceeding in which at least 9 people decide if the State has sufficient evidence to continue its case at trial.
   If there is a finding in either proceeding that sufficient evidence exists, your case will be set for an arraignment.

Arraignment
This is the court appearance in which you enter a plea of not guilty and a trial date is set. In most misdemeanor cases, if you have hired counsel you will not need to personally appear. If you are charged with a felony, you MUST appear at all court appearances unless a special waiver is filed and accepted by the court.

Diversion
In some cases you may be eligible for “diversion.” If eligible and you proceed through the requisite counseling program, the charges against you will normally be dismissed, or not filed.

Pretrial/Status Conference
The Court may or may not set these conferences. At the conferences, the attorneys will exchange or share information with the court regarding the status of the case and trial preparation. If there is a plea bargain, this is normally the proceeding in which you will enter into the change of plea before the court.

Plea Bargain
At the arraignment you entered a plea of “Not Guilty.” By entering into a plea bargain, you will be entering a plea of guilty or no contest normally in return for a benefit of punishment less severe than the possible sentence you would receive after trial.

Trial
In our justice system you are always entitled to a trial in which the government must prove your guilt beyond a reasonable doubt. In most cases you will be entitled to a jury trial. The number of jurors will depend on the type of charges and your criminal history.

Sentencing
If you change your plea or are convicted after trial, the Court will normally delay sentencing for approximately 30 days for a felony. The Court will normally proceed to an immediate sentencing if you are convicted of a misdemeanor.

Expungement/Set Aside Conviction
After you have completed your sentence, the Court can enter an order in most cases to set aside your criminal conviction.