With multiple events going on in February, including Super Bowl LVII, the Waste Management Open, and the Barrett Jackson Car Auction, hundreds of thousands of people descended upon the Valley of the Sun. According to the Super Bowl Host Committee, close to 300,000 visitors came through the NFL Experience in downtown Phoenix, including nearly 25,000 fans in Margaret T. Hance Park for the Super Bowl Sunday watch party. (Fox 10 Phoenix 2/23/23)

Other Super Bowl events were held throughout the valley, including the Old Town Scottsdale Main Street Tailgate, a Super Bowl Gospel Celebration in Mesa, a Super Bowl Music Fest in Phoenix, and of course the Super Bowl itself took place in Glendale, AZ at the State Farm Stadium.

Sky Harbor International Airport broke records on Monday, the day after SBLVII as over 200,000 fans were returning back to their hometowns after the big game. (AZCentral.com 2/16/23)

With the multiple events going in during the month of February, there were likely an increase in arrests during that timeframe. The types of cases we have seen so far have primarily involved alcohol violations, including DUI and Minor in Possession/Consumption as well as Disorderly Conduct cases. Multiple City, State, and Federal law enforcement agencies also performed a sex-trafficking sting operation across the Valley, which resulted in several arrests, including 300 misdemeanor and 48 felony arrests involving 120 arrests for ‘sex buyers’ and 35 arrests for prostitution. Law enforcement agencies have not provided additional information on the other arrests, citing that they are “open investigations”, although, according to court records, 6 of the arrests involved ‘soliciting sex from minors’. (AZ Republic 2/26/23)

If you are facing charges stemming from any of the multiple events in Arizona, whether you were here for the Super Bowl in Glendale, AZ, the Waste Management Open in Scottsdale, AZ, Barrett Jackson Auto Auction in Scottsdale, AZ, or just the magnificent sunshine, this Firm can help. It is stressful enough facing charges, but then add to that, residing outside the state of AZ and great distances from the courthouse in which you are set to appear, can just add to the challenge of facing criminal charges. Having a local attorney who is experienced in representing out of state clients, can relieve a lot of the stress involved with navigating through our criminal justice system here in Arizona. Mr. Buckallew has nearly 25 years’ experience handling all types of criminal charges, ranging from DUI to Aggravated Assault, Domestic Violence, Disorderly Conduct, Soliciting Prostitution and all types of other criminal violations. He is Board Certified in Criminal Law and has been defending against DUI and Criminal charges in the state of Arizona since he began practicing law over 2 decades ago.

Contact the Firm today for a free case evaluation of any pending criminal case in the State of Arizona.

Felony Case Progression in Pinal County Superior Court

If you have been arrested in Casa Grande, San Tan Valley, Florence, Apache Junction, the City of Maricopa, Town of Superior, or any other city/town in Pinal County, you may be wondering what to expect going forward. If you were arrested and told that you are being charged with a felony crime, your case will likely end up in the Pinal County Superior Court, if you were arrested by a state agency – whether it was Casa Grande Police, Maricopa Police, Florence Police, Apache Junction Police, Pinal County Sheriff’s Office, Arizona Department of Public Safety, or any other city/town police agency. This Firm has significant experience in handling all types of felony crimes, including (but not limited to) – Aggravated Assault, Aggravated DUI, Disorderly Conduct, Drug Crimes, Probation Violations, Theft, Weapons Violations, Fraud, Forgery, Domestic Violence, Homicide, 1^st Degree Murder and many other felony offenses. Mr. Buckallew is aBoard Certified Criminal/DUI Defense Attorney (certified by the State Bar of Arizona). Contact the Firm today for a free evaluation of your case.

Felony Criminal Investigation

Once a felony investigation concludes and an arrest is made, you will either be released and wait for a summons to be mailed to you with a court date or you will be taken into custody where you will appear before a Judge within 24 hours in order to establish release conditions. The Judge may release you on your own recognizance (OR) with a promise to appear at future court hearings, release you under the supervision of Pre-Trial Services with a possible electronic monitoring bracelet, set a bond which must be posted for your release, or hold you non-bondable. To better understand the various types of release and to determine whether you can challenge the Court’s determination of release conditions, it is advisable to seek legal advice from a competent and experienced Criminal Defense Attorney.

Formal Charging Procedure

Formal felony charges are issued by the Pinal County Attorney’s either by complaint or indictment. They can file a felony complaint with the Pinal County Superior Court, indicating which crimes were allegedly committed and present evidence/witnesses to the Judge during the Preliminary Hearing to determine if there is probable cause to believe that those crimes were committed. Alternatively, the government can present their evidence/witnesses to a Grand Jury and then the Grand Jury will determine whether there is probable cause to return an indictment (or formal charge).

Grand Jury Indictment

If a Grand Jury returns an indictment, a warrant will be issued for the person’s arrest (if it is believed the person will not voluntarily appear), or alternatively, a summons will be mailed, notifying the person of the charges and informing him/or of the date to appear in court for Arraignment to enter a formal plea to the charge.

Felony Complaint

If a felony complaint is filed, a summons will be mailed notifying the person of the charges and informing him/her of the date to appear in Early Disposition Court (EDC) for Status Conference.

Status Conference

The purpose for the Status Conference is for the government to provide initial discovery on the case, and to extend an initial plea offer. In some cases it is possible to resolve a criminal case by way of a negotiated plea in EDC, although this is a course of action to be taken only with the advice of counsel. If a plea agreement is reached, the case will be set for Sentencing. In cases that aren’t resolved in EDC via negotiated plea agreement, the next step in the criminal justice process is for the Court to set the case for Preliminary Hearing.

Preliminary Hearing

A Preliminary Hearing is a hearing before a Judge where the government will call at least one witness to testify to the initial findings of the police investigation. If after this hearing the Judge is convinced that there is probable cause to believe that a crime was committed then the Judge will order the accused to appear at Arraignment to enter a formal plea to the charge.

Arraignment

The Arraignment is a formal hearing where the accused enters a formal plea to the charge(s). The normal plea that is entered at this stage of the proceeding is generally a straight ‘not guilty’ plea. However, there are other legal issues that can arise at the Arraignment, or later in the case, which will complicate the issue of what plea should be entered with the Court. The various potential pleas that can arise in a criminal case include: plea of not guilty, guilty but insane, once in jeopardy, guilty pursuant to Alford, nolo contendere – non vult contendere or no contest, a straight plea of guilty to the court (no plea agreement), and finally, guilty pursuant to a plea agreement. Determining what plea to enter at Arraignment is a very import step in a criminal case, and one that must be made in consultation with your attorney. You should never guess as to what the proper plea is to enter in your case. Consult an attorney. Once Arraignment is complete, your case will be set for Pre-Trial Hearings, which could includeInitial Pre-Trial Conference, Settlement Conference and Final Trial Management Conference.

Pre-Trial Hearings

During Pre-Trial hearings, your attorney will obtain discovery and have an opportunity to discuss your case with the prosecutor. On many occasions an initial plea offer will be extended by the government at the first Pre-Trial Conference. Except for the most unusual of circumstances, it is normally best not to enter into a plea agreement at your first Pre-Trial Conference simply because there has not been sufficient time to investigate your case to develop a criminal defense strategy. Nor has there been sufficient time to really make a determination of the strengths and weaknesses in the prosecutor’s case.

Settlement Conference

A Settlement Conference is a formal conference which includes the prosecutor, your defense attorney, you and the judge. The purpose of this hearing is for the judge to assist the parties in litigation, in a collaborative manner, to try and resolve the case on terms that are acceptable to all sides. A successful Settlement Conference requires a comprehensive amount of preplanning to determine what the defense strategy will be prior to entering into the formal conference. Just as you would not walk into any important negotiation with no idea of what your objectives are, you certainly do not want to walk into the negotiating room of the Settlement Conference without have identified your litigation objectives and goals. To prepare for the Settlement Conference requires that you work with your attorney to define your litigation objectives and goals.

Trial Management Conference

A Trial Management Conference (TRC) is a final conference that precedes a jury trial. The purpose of the hearing is for the attorneys, you and the assigned Judge to discuss final attempts at settlement, and to discuss any legal issues that may be relevant to the upcoming trial once it is determined that settlement will not occur. A TRC can also be an opportunity for the court to rule on substantive pre-trial motions that have been filed by your attorney. This can include judicial rulings on Motions to Dismiss, Motions to Suppress, and other pre-trial motions arguing procedural defenses. This is an important hearing as it may be your last opportunity for a successful resolution short of a trial. Thus, it is important that you work with your attorney in a collaborative effort to prepare for the TRC so that you may achieve your litigation objectives.

Jury Trial

Cases which are not dismissed, or settled with a negotiated plea agreement, will proceed to Trial. In the Pinal County Superior Court, felony trials will always be presented to a jury – a panel of citizens from the community. The trial is, without a doubt, the most important part of the entire criminal justice process. In order for you to have your best chances of success at trial you should retain an attorney who has a demonstrated record of success at trial. The key to success in any litigation is preparation, preparation, and more preparation during the Pre-Trial phases of your case. If the case is not properly prepared during the Pre-Trial phases then it will be too late for a comprehensive defense to be developed – on the fly – at trial. Thus, it is important that you hire an attorney who you feel is competent in their abilities to investigate and litigate your case. You should feel confident that the attorney you retain has the time, energy, skills, experience and passion for the work to properly handle your case.

Sentencing

In the unfortunate event that you are convicted of a criminal offense, whether as a result of a negotiated plea agreement, or by a finding of guilt following jury trial, the Court will proceed to Sentencing. On cases where you have entered into a negotiated plea agreement the sentence should be spelled out within the plea agreement itself, and the sentence should be pre-approved by you before you agree to enter the plea. Under this scenario there is no mystery at sentencing as to what the punishment will be because you have already negotiated your punishment directly in the plea. This will limit what the Judge can do to you at sentencing. In preparation for sentencing where the punishment is not already spelled out in a plea agreement, your attorney should be developing evidence of mitigating factors relevant to your case. Mitigating factors are any factors that would tend to suggest that this is an isolated event and that you are a good person deserving of leniency. Normally, the attorney should prepare a Mitigation Memorandum for the Court. This memorandum can be used to advocate for a more lenient sentence for the client. Finally, if you went to trial and were found guilty your attorney should discuss with you your rights to appeal the conviction and your attorney should file the ‘Notice of Appeal‘ for you – before he or she withdraws from your case.

All content for this blog posted was extracted from e-book (below) and may not be re-produced without permission from the author. To request your free copy, please contact the Firm.

Arizona DUI/Criminal Traffic Defense Strategies (e-book)

Copyright © 2011 Trent R. Buckallew, Attorney at Law

The Law Offices of Trent R. Buckallew, PC

Arizona Criminal Defense Attorney, 1201 S. Alma School Rd. #11550

Mesa, AZ 85210 – (602) 825-3300

**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.

If you were arrested for a misdemeanor DUI in Scottsdale, you will likely be cited into the Scottsdale Municipal Court, located at 3700 N. 75^th Street in Scottsdale, AZ. You may also be cited into the McDowell Mountain Justice Court or the Desert Ridge Justice Court if you were stopped along the 101 Highway – both of these courts are located at 18380 N. 40th Street in Phoenix, AZ. Scottsdale Felony DUI complaints are filed in the Maricopa County Superior Court – Southeast Facility, located at 222 East Javelina Drive in Mesa, AZ.

Investigating and litigating DUI cases can be complex, and if you plan to hire an attorney, it is important to find one who has experience in defending these types of cases. While there are many potential defenses in a DUI case, this discussion will focus primarily on “Factual Defenses” which may be advanced in your case.

What are “Factual Defenses”? Factual defenses can be quite complicated in DUI cases due to the large amount of scientific evidence that is normally involved in prosecuting these cases. A more specific (and more complicated) discussion of various factual defenses arising in the context of breath and blood evidence will be covered in future blog articles. Here, we will limit our discussion to a general overview of the categories of potential factual defenses that may arise in a given DUI case. Some of the more common defenses which may arise in the context of a DUI case include:

• General insufficiency of the state’s evidence;
• Not under the influence of alcohol — sober;
• Blood-alcohol level not over the legal limit during the relevant time frame;
• Not under the influence of drugs — for drug DUI cases involving impairment allegation;
• Not in actual physical control of the vehicle during the relevant time frame;
• Invalidity, inaccuracy, or insufficiency of the results of the testing method;
• Physical disability or poor health of the accused;
• Mechanical or operating defects of the vehicle;
• No valid refusal of the breath or blood test;
• Alternate explanation for poor driving;
• Alternate explanation for poor performance on the field sobriety tests;
• Alternate explanation for nystagmus (HGN) of the eyes;
• License not suspended, or had no personal knowledge of the suspended license (for felony cases).

This list is by no means an exhaustive list of every potential factual defense that may be available in your case. Every case is unique and your case may very well present factual defenses not listed above. The attorney you choose should be able to identify the relevant defenses that best fit the specific circumstances and facts of your case. Moreover, your attorney should be able to specify what steps are needed to best develop your factual defenses for successful presentation in court. The best way to determine what defenses may be applicable to your case is to consult with, and retain, a competent criminal defense attorney. Mr. Buckallew is a Board Certified Specialist in Criminal Law – Certified by the Arizona State Bar. He has significant experience in litigating all types of DUI and criminal cases and has a proven track record of successfully resolving countless cases throughout the course of his career.

You may request a complimentary copy of a book written by Attorney Trent Buckallew entitled, Arizona DUI/Criminal Traffic Defense Strategies, which covers DUI cases from the time of your arrest, types of DUI’s and penalties, describes the court process, discusses potential defenses as well as DUI case investigation.

Mr. Buckallew has handled countless DUI cases in both the Scottsdale City Court, McDowell Mountain Justice Court, Desert Ridge Justice Court and the Maricopa County Superior Court, as well as most other courts throughout the valley. He has handled all types of DUI cases, including 1st Time DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, DUI Involving Homicide, Underage DUI, and DUI – Drugs, among others. Contact the Firm today for a free consultation regarding your Scottsdale DUI case.

**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.

Arizona DUI/Criminal Traffic Defense Strategies (e-book)

Copyright © 2011 Trent R. Buckallew, Attorney at Law

The Law Offices of Trent R. Buckallew, PC

Arizona Criminal Defense Attorney, 1201 S. Alma School Rd. #11550

Mesa, AZ 85210 – (602) 825-3300

St. Patrick’s Day is one of the biggest drinking days of the year and with that brings increased law enforcement by DUI Task Force teams across the valley. Officers in both Tempe and Scottsdale were out in force on Sunday, primarily focusing on the downtown areas, but also in surrounding neighborhoods throughout these cities. Officers believe that an increased presence of law enforcement will prevent injuries and death, like the ones that occurred earlier this week in Tempe when two allegedly impaired drivers killed one individual and sent another to the hospital with life-threatening injuries. In one incident, the driver was allegedly speeding, ran a red light, and struck another vehicle, whose driver ended up in the hospital. The suspect is under investigation for drug-related impaired driving. In the other incident, a 21-year old female was killed after being struck on her motorcycle by a 32-year female, who, according to Maricopa County Superior Court records, registered blood alcohol content (BAC) of 0.137 percent (breathalyzer test) and also had her 9- and 12- year old children in the car. She is facing multiple felony charges, including Aggravated DUI with Passenger(s) Under the Age of 15 – Class 6 Felony; Aggravated DUI – Driving on a Suspended/Revoked Driver’s License – Class 4 Felony; Manslaughter – Class 2 Felony; and Endangerment – Class 6 Felony.

The maximum penalty for a first time Aggravated DUI can include: Incarceration in the Arizona Department of Corrections for 3.75 years, a 3-year license revocation and a maximum fine of $150,000.00 plus 84% surcharge. The minimum penalty in these cases often requires: a minimum mandatory 4 months in the Arizona Department of Corrections, up to 10 years of probation, 3 year license revocation, $750.00 fine plus surcharge, $250.00 DUI abatement fund, $1,500.00 prison construction fee, $1,500.00 state general fund, and an ignition interlock device. The prison term can be increased to 8 months minimum if the person has a total of 3 or more prior DUI convictions in an 84 month period. While the penalties upon conviction of an Aggravated DUI charge are onerous, of much greater concern in the case involving the death of the other driver is the manslaughter charge. If convicted, the sentencing range for a Class 2 Felony is 3 years (mitigated term) and up to 12.75 years (aggravated term) – with a presumptive term of 5 years in the AZ Department of Corrections.

If you have been charged with any DUI violation, involving alcohol and/or drugs, and any other related charges such as Endangerment or Manslaughter, it is critical to seek the advice of an experienced criminal defense attorney. The Firm represents individuals in Tempe, Scottsdale and throughout the Phoenix area. A competent criminal defense attorney will be able to advise you on the many possible defenses in a criminal and DUI case, including – procedural defenses, factual defenses and other legal and substantive defenses. Procedural Defenses can include any number of issues, such as: Tainted Confessions, Miranda, Involuntary Statements, Unlawful Search, Unlawful Seizure, and many others. Factual Defenses can be quite complicated in DUI cases due to the large amount of scientific evidence that is normally involved in prosecuting these cases. However, some of the more common factual defenses in a DUI case may include: Invalidity, inaccuracy, or insufficiency of the results of the testing method; Mechanical or operating defects of the vehicle; License not suspended, or had no personal knowledge of the suspended license (for felony cases), and many other possible defenses.

Given the complexity of DUI defense, it is important to discuss your case and possible defenses which may be available in your case, before making any decisions about your case. Every case is unique and the attorney you choose should be able to identify the relevant defenses that best fit the specific circumstances and facts about your case.

For more information regarding DUI defense in Arizona, please visit our DUI website here: http://www.arizonaduidefenselawfirm.com/ You may also request a free copy of the book entitled, Arizona DUI/Criminal Traffic Defense Strategies written by Attorney Trent Buckallew (submit your request on the Home page of the website).

Contact the Firm today for a free evaluation of your DUI or Criminal case.

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.

**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.

• felony endangerment
• aggravated assault
• negligent homicide
• manslaughter
• second-degree murder

Normally, the more serious offenses listed above can include mandatory prison time if convicted. Therefore, it is imperative that you seek out competent criminal defense counsel and obtain legal representation immediately. Contact us today for a free evaluation of your case.

(Excerpt from ‘Arizona DUI Criminal Traffic Defense Strategies’, written by attorney Trent Buckallew. To receive your free copy of this book, you may submit your request here.)