Recent Blog Posts

Phoenix Area Prostitution Charges

AZ Criminal Defense Attorney — Thu, 10 May 2012 18:07:00 GMT

Phoenix Area Prostitution and Solicitation Charges

Prostitution is defined as engaging in or offering to engage in sexual conduct with a person in exchange for money or any other valuable consideration such as food, drugs, shelter or clothing. Police use a variety of tactics to address prostitution, including having female officers pose as prostitutes or having undercover officers arrest individuals accused of soliciting a prostitute.

Prostitution is classified as a Class 1 Misdemeanor in most cases. A person convicted of prostitution will face the following mandatory jail term:

First offense – not less than 15 consecutive days

Second offense – not less than 30 consecutive days

Third offense – not less than 60 consecutive days

If arrested for a fourth offense of prostitution, an individual will be charged with a Class 5 Felony, and if convicted, will face a mandatory term of not less than 180 consecutive days in jail (or state prison).

When facing charges of prostitution, it is critical to consult with an attorney before making any decisions in your case, as the consequences of a conviction can be long-lasting, including a criminal record, jail time, fines, probation and other penalties. There are many potential defenses a criminal defense lawyer can advance against charges of prostitution or solicitation. A few of the many possible defenses include, determining whether you actually violated any city or state law; whether the arresting agency followed the law; whether or not your conduct constitutes a criminal violation and whether you have any other legal, factual or procedural defense(s) in your case. If you have been arrested for a prostitution-related charge, contact an Arizona Criminal Defense Attorney to arrange a free evaluation of your case to discuss the charges you are facing and the possible defenses that should be pursued on your behalf. The Firm handles ANY criminal case, including Prostitution and Solicitation charges, in Phoenix and surrounding cities, including Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, and Fountain Hills.

**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.

Cinco de Mayo DUI Arrests

AZ DUI Lawyer — Mon, 07 May 2012 22:46:00 GMT

With Cinco de Mayo being one of the biggest drinking holidays of the year, the DUI Task Force conducted a statewide enforcement effort over the weekend, setting up checkpoints in the East Valley, West Valley and other points statewide. This DUI Task Force campaign resulted in 433 DUI related arrests. Of those, 134 were for extreme DUI, which is twice the legal limit, and more than 50 people were booked for drug-related DUI's. (Fox 10 News)

The Firm handles both alcohol and drug-related DUI charges in the East Valley, West Valley, and throughout the State of Arizona. If you were arrested by the DUI Task Force, or any law enforcement agency in the State of Arizona, contact the Firm at (480) 988-7993 to arrange a free consultation regarding your case.

Mr. Buckallew understands the serious consequences (which can include jail time, fines/fees, alcohol treatment and classes, interlock ignition requirements, and other penalties) and hardships (including possible loss of driving privileges) resulting from a DUI conviction and will work vigorously in building a strong defense on your behalf. The Firm is experienced in handling all types of DUI cases and has proven results ranging from acquittals at trial, full dismissals and negotiating non-DUI plea agreements. Having confidence in your attorney and in the legal representation that you will receive is a critical factor when looking for the right attorney to represent you.

Visit our DUI website for additional information regarding DUI cases in Arizona and request your free copy of 'AZ DUI Criminal/Traffic Defense Strategies' written by Attorney, Trent Buckallew.

Tempe Underage Drinking Enforcement Campaign

Tempe Criminal Defense Lawyer — Mon, 30 Apr 2012 21:20:00 GMT

Tempe Underage Drinking Enforcement Campaign

According to recent reports by the AZ Republic, police have made 270 alcohol-related arrests as a result of Tempe's Youth Alcohol Enforcement campaign targeting underage drinking and drunk driving. The Tempe Police Department, along with ASU Police and other state law enforcement agencies kicked off the campaign in an effort to reduce crimes often associated with alcohol and DUI violations, such as violence, disorderly conduct or disturbance of the peace (i.e. loud parties and gatherings) as well as injury or fatal auto collisions and other criminal violations. The crackdown included 184 underage drinking/minor in consumption arrests, 45 for possession of alcohol by a minor/minor in possession, nine for providing alcohol to minors, 17 DUI arrests, one aggravated DUI arrest, two DUI under 21 arrests, 22 loud party responses and the seizure of seven kegs. The enforcement campaign will conclude the first week of May, after ASU graduation ceremonies/parties and police will be highly visible in downtown Tempe and patrolling throughout the city during this time.

If you (or your child) have been charged with Underage Drinking, Minor in Possession/Minor in Consumption of Alcohol, Public Intoxication, False ID, DUI, Disorderly Conduct / Disturbing the Peace or any other violation related to Underage Drinking, you may be able to defend these charges in court. The consequences can be significant and leave a permanent mark on your criminal record so it is critical to seek the advice of counsel to determine your legal options before you make any decisions regarding your case. Penalties associated with Underage Drinking/Underage DUI related violations can include, jail time, community work service, alcohol classes and treatment, license suspension, fees/fines, and even possible suspension or expulsion from school and/or athletic teams. Some of the legal factors a defense attorney will explore include, determining whether you actually violated any city or state law; whether the arresting agency followed the law; whether or not your conduct constitutes a criminal violation and whether you have any other legal, factual or procedural defense(s) in your case. With a strong East Valley presence, the Firm has represented countless individuals, including many ASU students, who have been charged with criminal misdemeanor and alcohol related violations in Tempe and surrounding cities throughout the Valley. Contact the Firm today for a free evaluation of your case.

Underage Drinking Arrests at Country Thunder

AZ DUI Attorney — Thu, 26 Apr 2012 18:53:00 GMT

Underage Drinking Arrests at Country Thunder

Country Thunder is an annual event held at Canyon Moon Ranch just east of Florence (Pinal County) – centrally located between Phoenix and Tucson. According to local news outlets (CBS5/AP), 189 people were arrested at this month's Country Thunder music festival for underage drinking-related crimes. The Arizona Department of Liquor Licenses and Control officers worked with local law enforcement during the 4 day event as a result of ongoing problems at this event in years past. According to Liquor Control officers, many of the arrested underage drinkers had blood-alcohol levels more than twice the legal limit of .08 percent and the youngest person arrested was 15 years old. The violations for those arrested included, minor in possession of alcohol, using a fake ID to buy alcohol, or furnishing alcohol to a minor.

If you were arrested by the AZ Dept. of Liquor License/Control, Pinal County Sheriff's Office (PCSO), Florence Police Department, or any other agency during Country Thunder, contact the Firm to arrange a free consultation regarding your case. Depending on the agency you were arrested by, your case will likely be heard in the Florence Justice Court – Precinct 1 in Florence, AZ. The consequences can be significant and leave a permanent mark on your criminal record so it is critical to seek the advice of counsel to determine your legal options before you make any decisions regarding your case. Penalties associated with Underage Drinking/Underage DUI related violations can include, jail time, community work service, alcohol classes and treatment, license suspension, fees/fines, and even possible suspension or expulsion from school and/or athletic teams. Some of the legal factors a defense attorney will explore include, determining whether you actually violated any city or state law; whether the arresting agency followed the law; whether or not your conduct constitutes a criminal violation and whether you have any other legal, factual or procedural defense(s) in your case.

The Firm has handled countless cases involving underage drinking, minor in possession/minor in consumption, furnishing alcohol to a minor, public intoxication, fake ID, as well as DUI/DWI cases and other alcohol related violations. Mr. Buckallew has a reputation for zealously representing each client and has a proven track record in successfully resolving cases. With a statewide practice, the Firm handles cases in Florence - Pinal County, Maricopa County and throughout the State of Arizona. Contact the Firm today for a free evaluation of your case.

Disorderly Conduct - Disturbing the Peace

Maricopa County Criminal Defense Attorney — Wed, 25 Apr 2012 21:22:00 GMT

Disorderly Conduct Charges – Disturbing the Peace

Disorderly conduct is one of the most common offenses used by law enforcement and prosecutors in the State of Arizona. It is a very subjective charge and police are given broad discretion in applying this charge to all types of 'disruptive' behaviors. Other similar offenses related to disturbing the peace include loitering, public intoxication, criminal nuisance, indecent exposure and prostitution. We frequently see disorderly conduct charges paired with other violations, including assault and domestic violence related charges.

Some of the most common behaviors resulting in charges of disorderly conduct include:

Loud or unreasonable noise (i.e. loud music at a party)
Disturbance of the peace (i.e. barking dog)
Fighting in a public place
Public drunkenness
Obstructing traffic
Creating a disturbance in a business
Loud argument between couples or other family members

In most cases, a disorderly conduct charge is a class 1 misdemeanor, with a maximum punishment of up to 6 months in jail, a $2500.00 fine (plus 84% surcharge) and probation is normally available. In instances where a gun or other weapon was involved, these charges will be classified as a class 6 felony. If this is the case, the maximum punishment would be up to 2 years in prison for a non-dangerous offense, or 3 years maximum for a dangerous felony offense. In some felony cases probation is available. In any criminal case there can be fines. A felony criminal record will also result in loss of civil rights (right to vote, etc.) and loss of gun rights.

According to the Arizona Revised Statutes (ARS 13-2904), disorderly conduct is defined as follows:

A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:

1. Engages in fighting, violent or seriously disruptive behavior; or

2. Makes unreasonable noise; or

3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or

4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or

5. Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or

6. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.

B. Disorderly conduct under subsection A, paragraph 6 is a class 6 felony. Disorderly conduct under subsection A, paragraph 1, 2, 3, 4 or 5 is a class 1 misdemeanor.

Some of the possible defenses a criminal defense attorney might advance in a case involving disorderly conduct might include; 1) You were acting in self-defense of your property or family, 2) You were exercising your First Amendment right (freedom of speech), 3) You were provoked through threats made by another individual, and, 4) The State has a lack of evidence to prove their case. After thoroughly investigating your case and interviewing State's witnesses, your attorney will determine the best possible defense(s) to advance on your behalf, given the specific facts and circumstances in your case.

While a misdemeanor disorderly conduct charge can seem insignificant, a criminal conviction can have long lasting consequences, including limiting your ability to gain meaningful employment, pursue your educational goals and attaining other opportunities in life. A felony conviction is even more significant and can also result in a loss of gun rights and other civil rights, including your right to vote. A misdemeanor charge designated as domestic violence can also result in a loss of gun rights upon conviction. Treating these types of charges seriously and seeking the advice and representation of counsel may help to limit the negative consequences you may face as a result of a criminal conviction. Mr. Buckallew is an experienced and aggressive criminal defense attorney with a proven track record in successfully resolving countless criminal cases, including those involving disorderly conduct, assault, domestic violence related charges, indecent exposure, prostitution, solicitation, criminal nuisance and many other types of serious criminal charges. With our primary office in Mesa, the Firm handles cases in Mesa, Tempe, Scottsdale, Chandler, Phoenix, Gilbert and surrounding cities across the valley.

Hiring a Phoenix Criminal Defense Attorney

Phoenix Criminal Defense Attorney — Wed, 18 Apr 2012 22:09:00 GMT

Criminal Charges in Phoenix, AZ

If you have been arrested by the Phoenix Police Department and cited into the Phoenix Municipal Court, contact a Phoenix Criminal Defense Lawyer for a free evaluation of your case. The Firm handles ANY criminal charge in the Phoenix Municipal Court and throughout the State of Arizona. Mr. Buckallew has a reputation for zealously defending his clients and has extensive experience from many years of practice as a criminal defense lawyer. He fights tirelessly on behalf of each individual client in order to achieve the best outcome possible in each and every case, as evidenced by the results he has achieved on behalf of his clients over the years.

The Phoenix Municipal Court is located at 300 West Washington Street, in downtown Phoenix, just west of Phoenix City Hall. The Court handles civil traffic and criminal misdemeanor violations, including DUI/DWI charges, city ordinance and code violations, petty offenses, probation violations, protective orders and search warrants. According to their website, the Phoenix Municipal Court is the State's largest limited jurisdiction court, is among the top ten busiest municipal courts in the U.S. and processes an average of 80,000 criminal charges annually, including DUI/DWI filings.

How do I choose a good criminal defense attorney?

You always have the right to hire an attorney of your choosing. Selecting the right criminal defense attorney can seem overwhelming and it is important to do some research in order to find the attorney who is right for you. Here are a few things to consider before selecting a good criminal defense lawyer:

Determine the attorney's qualifications, experience, what types of criminal cases he/she has handled and outcomes he/she has achieved in cases similar to yours.
Find out what percentage of his/her practice concentrates in the area of criminal defense (i.e. does the attorney's practice focus primarily on criminal defense or does the attorney handle multiple areas of practice such as bankruptcy, family law, criminal defense, personal injury, etc.).
Ask the attorney whether he/she has made appearances in the jurisdiction your case is being heard and what the attorney's experience has been in that particular court.
Find out what legal organizations the attorney belongs to (i.e. National College for DUI Defense-NCDD, National Association of Criminal Defense Lawyers-NACDL, etc.). If he/she belongs to these types of criminal defense and DUI related organizations, it is a good indication that this attorney is dedicated to the practice of criminal defense and it is much more than just a passing interest.
Find out whether you will be paying a flat fee, hourly fee, or contingency fee and whether these fees include representation at trial.
Find out who will be handling your case. If you hire a solo practice attorney, this attorney will likely be handling your case solely from start to finish. With larger firms, you may have more than one attorney handling your case and appearing at court hearings with you. An advantage to smaller (or solo) firms is that you may pay less due to lower overhead, versus larger firms who likely have higher operating costs.
Last but not least, meet with the attorney to determine whether you feel confident in his/her experience and feel comfortable with his/her analysis of your case, as you will be working together closely over the next several months to achieve resolution to your case. Most attorneys offer a free initial consultation.

Many attorneys have websites, blogs, Facebook pages, LinkedIn profiles and Twitter pages, as well as listings with online directories such as Avvo.com and lawyers.com. These are great places to learn more about the attorney you are considering hiring.

Criminal Charges in Scottsdale

Scottsdale Criminal Defense Lawyer — Wed, 11 Apr 2012 21:39:00 GMT

Criminal Charges in Scottsdale

The Scottsdale City Court is located at 3700 North 75^th Street, three blocks south of Indian School Road, near Scottsdale Stadium. The Court handles civil traffic and criminal misdemeanor violations, including DUI/DWI charges, city ordinance and code violations, petty offenses, probation violations, protective orders and search warrants.

Criminal and DUI case filings in the Scottsdale City Court and throughout Maricopa County have increased significantly in the past decade resulting from legislative rule changes as well as increased law enforcement programs such as the DUI Task Force. Jury trial volume has also increased over the years and in 2011, 84% of jury trials were for DUI cases as a result of increased DUI case filings and statute changes (www.scottsdaleaz.gov/courts).

For additional information regarding DUI/DWI defense, please visit our DUI website.

If you have been arrested by Scottsdale Police Department and cited into the Scottsdale City Court, contact a Scottsdale Criminal Defense Lawyer for a free evaluation of your case. The Firm handles ANY criminal charge in the Scottsdale City Court and throughout the State of Arizona. Mr. Buckallew has extensive experience as a criminal defense lawyer and a reputation for zealously representing each and every client in order to achieve the best outcome possible in each case.

Aggravated Assault Charges in AZ

AZ Criminal Defense Lawyer — Wed, 04 Apr 2012 18:44:00 GMT

In Arizona an Aggravated Assault is a simple assault that is enhanced by the unique nature of the facts of the case. An assault can become aggravated if it results in serious physical injury, a weapon is used, the assault causes a fracture or temporary loss of use of a bodily organ or function, or if the victim is under 15 and the aggressor is over 18. Aggravated assault can also occur if one commits a simple assault upon certain protected classes such as police officers, firefighters, teachers, correctional officers, health care providers, code enforcement officers, park rangers, prosecutors or court appointed attorneys.

Some of the more common types of Aggravated Assaults include assaults that result in serious injury, result in a fracture or where a weapon was used – including a car. For example, if a person is involved in a car accident while impaired, which results in injury to another, the charge will normally be Aggravated Assault (as opposed to DUI). Under this theory of prosecution the vehicle becomes the weapon/dangerous instrument.

To add more complexity to this already complicated statutory scheme the government can add allegations of "dangerousness" to the charge. If the offense involves any type of weapon or dangerous instrument (including a car) the Aggravated Assault will be alleged to be a "dangerous" crime which then means if a person is convicted, the penalty is mandatory imprisonment, and the length of that prison sentence is enhanced as compared to a non-dangerous crime. "Dangerous" crimes are not probation eligible, but can become probation eligible if the "Dangerous" allegation is dismissed – a common strategy in plea negotiations.

The potential sentence for an Aggravated Assault charge will be dependent on the facts of the case, and under which type of Aggravated Assault one is charged with – but the range of penalty can be anywhere from a designated misdemeanor offense with no jail all the way to mandatory imprisonment in the Arizona Department of Corrections (state prison) for up to 21 years for a first offense class 2 dangerous felony. Generally speaking, all Aggravated Assault charges will start out as felony charges but not all will be labeled as "dangerous" offenses. Some types of Aggravated Assault charges can be reduced to misdemeanor offenses even though they are charged initially as felony crimes.

If you have been charged with Aggravated Assault it is extremely important that you seek out competent legal advice. The Firm represents individuals charged with ANY felony charge, including Aggravated Assault charges, in ANY court in the State of Arizona. Contact the Firm for a free evaluation of your case.

South Court Tower Opens in Phoenix, AZ

Phoenix Criminal Defense Lawyer — Tue, 03 Apr 2012 17:38:00 GMT

New South Court Tower in Phoenix

The long awaited Maricopa County Superior Court South Court Tower is now open, having held its grand opening on the day of Arizona's centennial celebration – February 14, 2012. The new court tower is located at 175 West Madison Street in Downtown Phoenix, just south of the main courthouse on Jefferson, with a skywalk connecting the two courthouses. The downtown Superior Court has been bursting at the seams for several years, as many criminal court Judges have been relocated from the Maricopa County South East Facility to the downtown facility in the past couple of years, as well as the simple fact that criminal cases have increased significantly in Maricopa County in the past decade.

The new 16-story South Court Tower currently has 22 courtrooms, houses the jury assembly area on the 1^st floor and Clerk of the Court Criminal Exhibits on the 4^th floor, along with Grand Jury Services. The offices of the County Attorney, Public Defender and Probation Department are located on the 2^nd and 3^rd Floors along with criminal courtrooms, including the Regional Court Center (RCC) and Early Disposition Court (EDC).

The downtown criminal courts in both the new South Court Tower, as well as the old East and Central Court Towers service all felony criminal filings from agencies in Phoenix and the West Valley (including Glendale, Avondale, Buckeye, Surprise, Peoria, Anthem, Litchfield Park, Goodyear, Gila Bend, Gila River Indian Community, El Mirage, New River, Sun City, Tolleson, Wickenburg and Youngtown). The downtown criminal courts also service all East Valley criminal cases during the Pre-Trial/Trial phases of those cases if they are not resolved in the Southeast Facility Regional Court Center (RCC)/Early Disposition Court (EDC).

The Firm represents individuals with pending felony cases, probation violations, and appeals in the Maricopa County Superior Courts, including the Downtown Phoenix Court Towers as well as the Southeast Facility in Mesa. The Firm handles all types of complex felony cases, including (but not limited to) Homicide, Aggravated DUI/DWI cases, Felony Drug Offenses, Aggravated Assault and other dangerous crimes, serious Sex Crimes cases, Property Crimes, White Collar Crimes, Probation and Parole Violations and many others. Mr. Buckallew has extensive experience as a criminal defense attorney and has a reputation for zealously defending each and every one of his clients. If you have been charged with a felony crime in Maricopa County, contact the Firm today for a free evaluation of our case.

Criminal and DUI Charges in Tempe

Tempe DUI and Criminal Defense Lawyer — Thu, 29 Mar 2012 21:05:00 GMT

The Tempe Municipal Court is located in downtown Tempe, home of Arizona State University (ASU). With a strong East Valley presence, the Firm has represented countless individuals, including many ASU students, who have been charged with criminal misdemeanor violations in the Tempe Municipal Court. The Firm handles all types of criminal matters in the Tempe Municipal Court including Underage Drinking, DUI/DWI, Minor in Consumption, Disorderly Conduct, Criminal Damage, Aggressive Driving, Reckless Driving, Assault, Shoplifting, Drug Offenses, Domestic Violence, Sex Crimes, and ANY other criminal charge. Mr. Buckallew has extensive experience as a criminal defense attorney, having handled criminal cases at all levels, from simple misdemeanor violations to complex felony jury trials.

A class 1 misdemeanor in Arizona carries a maximum penalty of up to 6 months in jail and $2,500 fine (plus surcharges). In addition to the possibility of fines, jail time and/or probation, a criminal record can have long lasting consequences. For college students, a criminal record can impact future scholarship opportunities, extra-curricular and athletic involvement, and future career aspirations. To better understand the serious consequences of a criminal record and discuss your legal options, contact an experienced attorney for a free evaluation of your case.

The Tempe Municipal Court is located at 140 East 5th Street in downtown Tempe, which is two blocks east of Mill Avenue on 5th Street near Sun Devil stadium and historic 'A Mountain'.

Contact an experienced and aggressive Tempe Criminal Defense Lawyer for a free evaluation of your case.

Gila County Criminal Charges

Payson Criminal Defense Lawyer — Tue, 27 Mar 2012 18:50:00 GMT

With primary offices in Mesa, AZ and a statewide practice, the Firm can represent individuals in any court – including City Courts, Municipal Courts, Magistrate Courts, Justice Courts, and Superior Courts – throughout the State of Arizona. The Firm has handled cases in Gila County, including both the Gila County Superior Court in Globe as well as Payson. The Superior Court in Globe is located at 1400 East Ash Street, Globe, Arizona and the Superior Court in Payson is located at 714 South Beeline Highway, Payson, Arizona. If you have been charged with any felony matter in Gila County, including DUI/DWI/OUI, Drug Offenses, Aggravated Assault, Property Crimes, Probation Violations, Appeals, and ANY other criminal violation, contact the Firm to schedule a free evaluation of your case.

The Firm also represents individuals in the Justice Court, Municipal Court and Magistrate Courts in Gila County, including the following locations:

Globe Regional Justice and Magistrate Courts 1400 East Ash Street, Globe, AZ

Hayden Municipal Court Hayden, AZ

Payson Regional Justice and Magistrate Courts and Star Valley Magistrate Court 714 South Beeline Highway, Payson, AZ

Winkelman Magistrate Court Winkelman, AZ

The types of cases the Firm handles in these courts include (but is not limited to) ANY Criminal Violation, Criminal Traffic Violation, and Orders of Protection and Injunctions Against Harrassment matters.

If you have been charged with a crime, want to appeal a criminal conviction, or need representation in a probation violation matter or matters involving orders of protection and injunctions against harassment in Gila County, contact the Firm today for a free evaluation of your case.

San Tan Regional Court Criminal Cases

Chandler Criminal Defense Lawyer — Sun, 18 Mar 2012 19:49:00 GMT

With a strong East Valley presence, the Firm has represented countless individuals in the San Tan Regional Court Center, located in Chandler, Arizona. This regional court center houses the Kyrene Justice Court, University Lakes Justice Court, San Marcos Justice Court and the San Tan Justice Court. The primary law enforcement agencies that cite into these Justice Courts include (but are not limited to): Maricopa County Sherriff's Office (MCSO), Arizona Department of Public Safety-Highway Patrol (DPS), Arizona State University Police Department (ASU PD), and Gila River Tribal Police (non-Indian concurrent jurisdiction matters). These Justice Courts hear criminal misdemeanor cases, which can carry maximum penalties including fines of up to $2,500 (plus surcharges) and incarceration in county jail for up to 6 months (class 1 misdemeanors).

The Firm represents individuals in all types of matters in the San Tan Regional Court Center, including (but not limited to) cases involving criminal misdemeanor and criminal traffic violations such as DUI/DWI/OUI, domestic violence cases, assault, disorderly conduct, criminal damage, aggressive driving, reckless driving, theft, forgery, misconduct involving weapons, and drug violations. The Firm also handles matters involving orders of protection, injunctions against harassment, interference with judicial proceedings and orders of protection violations.

If you have been arrested by MCSO, DPS, ASU PD, Tribal Police, or any other law enforcement agency in the State of Arizona and cited into the San Tan Regional Court Center, including the Kyrene Justice Court, San Tan Justice Court, University Lakes Justice Court or the San Marcos Justice Court, contact the Firm today for a free evaluation of your case.

Chandler Municipal Court Misdemeanor Charges

Chandler Criminal Defense Lawyer — Thu, 15 Mar 2012 19:02:00 GMT

The Firm represents individuals charged with any misdemeanor violation in the Chandler Municipal Court -- including, DUI/DWI, Assault, Disorderly Conduct, Criminal Damage, Criminal Traffic Violations such as Aggressive Driving or Reckless Driving, Domestic Violence, Drug Violations, Endangerment, Interfering with Judicial Proceedings/Violation of Restraining Order, Order of Protection, Juvenile Crimes, Shoplifting, Theft, Threatening or Intimidating, Underage Drinking and all other misdemeanor violations. The Firm also handles appeals. A class 1 misdemeanor in Arizona carries a maximum penalty of up to 6 months in jail and $2,500 fine (plus surcharges).

If you have been issued a criminal traffic citation or received a summons by mail in the City of Chandler, you will be required to appear in court for your Arraignment hearing. A failure to appear in court on your Arraignment date, or any other criminal court date could result in a warrant for your arrest and trial could also proceed in your absence. What can you expect at your Arraignment hearing? At this hearing, you will enter one of three pleas to the charges you are facing, 1) a plea of Not Guilty, 2) a plea of Guilty, or 3) a plea of No Contest. It is critical to seek the advice of counsel and understand the consequences of each of these plea options before making any decisions. Depending on how you plea to the court will determine the next steps in your case.

If you enter of plea of Guilty or a plea of No Contest, the next step will be sentencing which may result in a criminal record, fees and fines, jail and/or probation, possible DMV consequences, possible immigration consequences and required classes, such as alcohol, anger management or other types of classes. Before making these decisions, it is advisable to seek the advice of counsel to understand your rights and legal options.

If you enter a plea of Not Guilty, the Court will set your case for a Pre-Trial Conference hearing. At the Pre-Trial Conference hearing, you and your attorney will have an opportunity to discuss your case with the assigned prosecutor, obtain copies of the discovery, which could include the complaint, police report, witness statements, photographs, audio/video recordings, blood/urine/breath results, and any other evidence the prosecutor will use to prove their case against you in court. If you and your attorney are able to negotiate an acceptable plea resolution at this time then your case will be set for a change of plea and sentencing. However, if the parties are unable to reach agreement on acceptable terms for case resolution, your case may then be set for a bench or jury trial. Whether you are eligible for a jury trial will depend on what type of charges you have pending. Your attorney will be able to advise whether or not your case is eligible for a jury trial. This Firm has handled countless misdemeanor cases and has achieved favorable outcomes in these types of cases, ranging from full dismissal of charges, to acquittal after bench or jury trials, to settling the case to a reduced charged. Every case presents with a unique set of circumstances and no guarantees can be made as to the outcome of your case. The attorney has a reputation for zealously defending each of his clients and will launch an aggressive defense on your behalf.

Diversion Programs – some offenses may be eligible for a diversion program, which is an alternate resolution to the case, usually resulting in dismissal of charges if all program requirements (such as counseling, substance abuse treatment, educational workshops and community work service) are satisfactorily completed.

In the event you are found guilty at trial, you have to right to appeal your conviction but be sure to pay close attention to your appeal deadlines which will be provided to you by the sentencing Judge. You have fourteen days from the date of sentencing to file your Notice of Appeal with the Chandler Municipal Court. The Firm also handles appeals for convictions in the Chandler Municipal Court so contact the Firm for a free consultation regarding your appeal rights, including petitions for post-conviction relief (PCR), special actions, claims of ineffective assistance of counsel, and petitions for clemency.

If you have been charged with any misdemeanor violation in the Chandler Municipal Court, contact the office at (480) 988-7993 for a free case evaluation.

Misdemeanor charges in Gilbert, AZ

Gilbert Criminal Defense Lawyer — Wed, 14 Mar 2012 20:58:00 GMT

The Firm represents individuals charged with any misdemeanor violation as well as matters involving order's of protection, restraining order's and violation of restraining orders in the Gilbert Municipal Court. A class 1 misdemeanor in Arizona carries a maximum penalty of up to 6 months in jail and $2,500 fine (plus surcharges). If you have been issued a criminal traffic citation or received a summons by mail in the Town of Gilbert, you will be required to appear in court for your Arraignment hearing. A failure to appear in court on your Arraignment date, or any other criminal court date could result in a warrant for your arrest and trial could also proceed in your absence. What can you expect at your Arraignment hearing? At this hearing, you will enter one of three pleas to the charges you are facing, 1) a plea of Not Guilty, 2) a plea of Guilty, or 3) a plea of No Contest. It is critical to seek the advice of counsel and understand the consequences of each of these plea options before making any decisions. Depending on how you plea to the court will determine the next steps in your case.

If you enter a plea of Not Guilty, the Court will set your case for a Pre-Trial Conference hearing. At the Pre-Trial Conference hearing, you and your attorney will have an opportunity to discuss your case with the assigned prosecutor, obtain copies of the discovery, which could include the complaint, police report, witness statements, photographs, audio/video recordings, blood/urine/breath results, and any other evidence the prosecutor will use to prove their case against you in court. If you and your attorney are able to negotiate an acceptable plea resolution at this time then your case will be set for a change of plea and sentencing hearing. However, if the parties are unable to reach agreement on acceptable terms for case resolution, your case may then be set for a bench or jury trial. Whether you are eligible for a jury trial will depend on what type of charges you have pending. Your attorney will be able to advise whether or not your case is eligible for a jury trial. This Firm has handled countless misdemeanor cases and has achieved favorable outcomes in these types of cases, ranging from full dismissal of charges, to acquittal after bench or jury trials, to settling the case to a reduced charged. Every case presents with a unique set of circumstances and no guarantees can be made as to the outcome of your case. The attorney has a reputation for zealously defending each of his clients and will launch an aggressive defense on your behalf.

In the event you are found guilty at trial, you have the right to appeal your conviction but be sure to pay close attention to your appeal deadlines which will be provided to you by the sentencing Judge. You have fourteen days from the date of sentencing to file your Notice of Appeal with the Gilbert Municipal Court. The Firm also handles appeals for convictions in the Gilbert Municipal Court so contact the Firm for a free consultation regarding your appeal rights, including petitions for post-conviction relief (PCR), special actions, claims of ineffective assistance of counsel, and petitions for clemency.

The Firm also represents individuals in matters involving order's of protection, restraining orders, and violations of restraining orders. For more information on these matter's, please click here.

Contact the Firm today for your free consultation regarding any criminal charge in the Gilbert Municipal Court at (480) 988-7993.

Aggressive Driving Ticket in AZ

East Valley Criminal Defense Attorney — Wed, 07 Mar 2012 17:40:00 GMT

Aggressive Driving Ticket

An aggressive driving ticket is a serious criminal traffic violation and is defined in section 28-695 of the Arizona Revised Statutes as:

A person commits aggressive driving (class 1 misdemeanor) if, while speeding, the person commits at least two of the following violations:

Failure to obey traffic control devices
Overtaking and passing another vehicle on the right by driving off the pavement or main traveled portion of the roadway
Unsafe lane change
Following a vehicle too closely
Failure to yield the right-of-way

The penalties upon conviction of an aggressive driving ticket (first offense) can include, up to 6 months in jail, $2,500.00 fine (with 84% surcharge), Traffic Survival School (TSS), and a possible 30-day suspension of driver's license. In addition, this is 8 points against your driver's license and can also cause a substantial increase in your insurance rates. If a person has a prior history of aggressive driving within a 24 month period, the penalty can include possible revocation of driving privileges for 1 year, in addition to the penalties associated with a first-time offense.

Given the possibility for jail time, steep fines, points against your license, possible increase in insurance rates, and loss of driving privileges, it is advantageous to seek the advice and representation of an experienced criminal defense lawyer who can launch an aggressive defense on your behalf. If you or a loved one has been charged with reckless driving, aggressive driving, or any other criminal traffic violation, contact the Firm for a free consultation regarding your rights and legal options.

The Firm represents individuals in the East Valley (Gilbert, Mesa, Chandler, Scottsdale, Apache Junction, Fountain Hills, Paradise Valley, Casa Grande, San Tan Valley and Queen Creek), Phoenix and surrounding cities, and throughout the State of Arizona.