If you are facing criminal misdemeanor charges in the Scottsdale City Court or one of the Maricopa County Justice Courts in Scottsdale, especially if this is the first time you have ever been involved in the criminal court system, you may be wondering what to expect during misdemeanor court proceedings.

Misdemeanor cases are handled in either the Scottsdale City Court or one of the nearby Justice Courts – McDowell Mountain Justice Court and Desert Ridge Justice Court. The procedures are generally the same, although some rules may vary slightly from one court to another. When you hire a Scottsdale Criminal Defense Attorney, the first legal documents your attorney will typically file on your behalf will include a Notice of Appearance and a Motion for Discovery. The Notice of Appearance informs the court and assigned prosecutor that your attorney will be appearing with you at all future court dates. The Motion for Discovery is filed so that your attorney can obtain all discovery materials from the assigned prosecuting agency.

Arraignment

The Arraignment is usually the first court appearance in a misdemeanor case, where you and your attorney will enter a plea of “guilty” or “not guilty” with the court. If you have hired this Firm prior to your arraignment, Attorney Trent Buckallew can file a motion with the court to waive the arraignment, thereby alleviating the need for you or your attorney to appear in court, as long as the court grants the motion. If granted, a plea of not guilty is entered for the defendant, the arraignment is vacated, and the court will set a date for Pre Trial Conference. The notice of hearing date will be sent to your attorney and your attorney will notify you of this and any other future court dates.

Pre Trial Conference

At the Pre-Trial Conference hearing, your attorney will have an opportunity to discuss your case with the assigned Scottsdale City Prosecutor, or other prosecutoring agency. 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, at the first Pre-Trial Conference, to really make a determination of the strengths and weaknesses of the prosecutor’s case. Most of the time, especially in misdemeanor courts, you will probably have at least three Pre-Trial Conference hearings (in 30 day intervals). This should be sufficient time to develop a Defense Investigation Outline, and to conduct a proper defense investigation of your case. This process will allow your attorney an opportunity to identify the strongest legal and factual defenses available to you. It should be noted that in some misdemeanor courts it is not normally necessary for the client to appear at the initial Pre-Trial Conferences with their attorney, but you will be notified of all hearing dates and should discuss with your attorney whether or not you will need to appear at each hearing.

Evidentiary Hearing

Some cases (not all), may be set for an Evidentiary Hearing, which is a contested hearing in front of a judge where the parties litigate pre-trial issues. The most common issues litigated at an Evidentiary Hearing will be procedural defense issues raised by the Scottsdale Criminal Defense Attorney seeking suppression of evidence, or dismissal of the case. Other issues litigated at this stage can be challenges to the evidence under the various Rules of Evidence. Normally these types of arguments involve the parties litigating the admissibility, at a later trial, of various pieces of evidence.

Trial Management Conference

A Trial Management Conference is a final conference that precedes a jury trial. In misdemeanor courts it is often called a ‘calendar call’. Regardless of the name given, 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 Trial Management Conference can also be an opportunity for the court to rule on substantive pretrial 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 Trial Management Conference so that you may achieve your litigation objectives.

Trial (Bench and Jury)

Cases which are not dismissed, or settled with a negotiated plea agreement, will proceed to trial. A trial can be either a bench trial (trial before a judge only), or a jury trial (a trial in front of a panel of citizens). In misdemeanor courts (City and Justice Courts) the right to a jury trial is more limited. However, even in a misdemeanor court some crimes are still jury trial eligible, including DUI cases. Your attorney should be able tell you if your case is jury trial eligible in the misdemeanor court, and your attorney should file the appropriate legal motions necessary to preserve your jury trial rights in the lower courts.

Sentencing

In the unfortunate event that you are convicted of a criminal offense, whether it is as a result of a negotiated plea agreement, or by a finding of guilt following either a bench or jury trial, under either scenario the court will have to 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 into the plea. This will limit what the judge can do to you at sentencing. 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 the case.

If you are facing misdemeanor criminal charges in Scottsdale, contact the Firm today for a free case evaluation with a Scottsdale Board Certified Criminal Defense Attorney. The Firm handles all types of misdemeanor cases, including (but not limited to) DUI, Disorderly Conduct, Domestic Violence, Criminal Speed, Reckless Driving, Assault, Drug Crimes, Shoplifting, OUI (boating DUI) cases and any other misdemeanor or felony case in the City of Scottsdale and across the entire Valley.

Copyright © 2011 Trent R. Buckallew, Attorney at Law

**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.

We have recently discussed both initial and pretrial hearings in a DUI cases, and while many cases can be resolved during the pretrial phase of a case (or even earlier in some cases), there are various circumstances where a DUI case is set for trial. The thought of trial can be very nerve-wracking for many reasons, but understanding what to expect once a case is set for trial can possibly alleviate some of these concerns. Prior to the day of trial, you will likely have what is usually referred to as a Trial Management Conference or a Calendar Call.

Trial Management Conference

A Trial Management Conference is a final conference that precedes a jury trial. In misdemeanor courts it is often called a ‘calendar call’. Regardless of the name given, 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 Trial Management Conference can also be an opportunity for the court to rule on substantive pretrial 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 Trial Management Conference so that you may achieve your litigation objectives.

Trial (Bench and Jury)

Cases which are not dismissed, or settled with a negotiated plea agreement, will proceed to trial. A trial can be either a bench trial (trial before a judge only), or a jury trial (a trial in front of a panel of citizens). In the felony court (Superior Court) it will almost always be a jury trial. In misdemeanor courts (City and Justice Courts) the right to a jury trial is more limited. However, even in a misdemeanor court some crimes are still jury trial eligible. Your attorney should be able tell you if your case is jury trial eligible in the misdemeanor court, and your attorney should file the appropriate legal motions necessary to preserve your jury trial rights in the lower courts. 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. You should seek to retain an attorney who has experience handling both bench and jury trial. Equally important, you should seek to hire an attorney who you believe will invest the necessary time and effort into the pretrial stages of your case, one who will work diligently to conduct an effective defense investigation into your case. Choosing an experienced attorney with a proven record of success who will work diligently on the development of your case should give you the maximum chance of obtaining a good result in your case. The key to success in any litigation is preparation, preparation, and more preparation during the pretrial phase of your case. If the case is not properly prepared during the pretrial 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 it is as a result of a negotiated plea agreement, or by a finding of guilt following either a bench or jury trial, under either scenario the court will have to proceed to sentencing. On felony and misdemeanor cases following trial, your attorney should normally be filing various post-verdict motions such as a ‘Motion for New Trial’ and ‘Motion for Judgment Notwithstanding Verdict’. If you are remanded into custody (normally on felony cases, but sometimes on misdemeanor cases as well) your attorney should be filing a ‘Motion for Release Pending Appeal’ seeking to gain your release from custody. Your attorney should also 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. 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 into the plea. This will limit what the judge can do to you at sentencing. 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 the case.

Mr. Buckallew is a Board Certified Criminal Law Specialist, have been certified by the State Bar of Arizona, and has defended countless DUI cases – both misdemeanor and felony, over the course of his career, in Chandler and throughout the East Valley. If you were charged with a misdemeanor DUI in Chandler, your case will likely be filed in the Chandler Municipal Court if you were arrested by the Chandler Police Department. If you were arrested by Maricopa County Sheriff’s Office or AZ DPS, your (misdemeanor) case will likely be filed in one of the Justice Precincts in Chandler – the Kyrene Justice Court, the San Marcos Justice Court, the San Tan Justice Court or the University Lakes Justice Court. If you were charged with felony DUI in Chandler then your case will likely be filed in the Maricopa County Superior Court – Southeast Facility. The firm handles all types of DUI cases ranging from 1st Time DUI, Extreme DUI, Aggravated DUI, DUI-Drugs, DUI involving Injury or Death, Underage DUI, and any other DUI related violation. Mr. Buckallew has extensive experience and has achieved successful outcomes in countless cases ranging from trial acquittals, dismissals, non-DUI plea agreements and other favorable resolutions. Contact the Firm today for a free evaluation of your pending Chandler DUI case.

Copyright © 2011 Trent R. Buckallew, Attorney at Law The Law Offices of Trent R. Buckallew, PC Arizona Criminal Defense Attorney

**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.

In a recent blog posting, we discussed the initial hearings in DUI cases and what to expect early on in a DUI prosecution. After the initial hearings, a DUI case will be set for various pretrial hearings with opportunities for case settlement at any point during this phase of the DUI court process. Ultimately, if a settlement agreement (or dismissal) is not achieved during pretrial proceedings, your case will likely proceed to trial. What can you expect during the pretrial phase of your Scottsale DUI case and what are the different types of pretrial hearings you can anticipate in the DUI court process? If you were stopped in Scottsdale and charged with DUI, which courthouse will you need to appear at?

To answer the question regarding location of your court appearance, it will depend upon which law enforcement agency cited you and whether you are being charged with Misdemeanor DUI or Felony DUI. If you were stopped by the Scottsdale Police Department and cited for a misdemeanor DUI, you will likely be appearing in the Scottsdale City Court. If you were stopped by the Arizona Department of Public Safety (DPS) or Maricopa County Sheriff’s Office (MCSO), you will likely be appearing in one of the Scottsdale Justice Court Precincts – either the Arcadia Biltmore Justice Court, the Desert Ridge Justice Court, or the Dreamy Draw Justice Court. If you are facing felony DUI charges in Scottsdale then you will likely be appearing in the Maricopa County Superior Court / Southeast Facility, at least for your initial hearings. Your case could be transferred to the Maricopa County Superior Court / Downtown if it’s not resolved in the early stages of the court process. You will need to refer to your traffic ticket, summons, or other court paperwork you received to determine the exact location, date and time of your first court appearance.

A Pre-Trial Conference is a court hearing where your attorney will 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, at the first Pre-Trial Conference, to really make a determination of the strengths and weaknesses of the prosecutor’s case. Most of the time, especially in misdemeanor courts, you will probably want to have at least three Pre-Trial Conferences (about 90 days) to allow for an appropriate amount of time to consult with legal counsel. This should be sufficient time to develop a Defense Investigation Outline, and to conduct a proper defense investigation of your case. This process will allow you an opportunity to identify the strongest legal and factual defenses available to you.

It should be noted that in some misdemeanor courts it is not normally necessary for the accused to appear at the initial Pre-Trial Conferences with their attorney. This is a matter which you should discuss with your attorney. In felony court cases, the physical appearance of the accused is almost always required.

An Evidentiary Hearing is a contested hearing in front of a judge where the parties litigate pre-trial issues. The most common issues litigated at an Evidentiary Hearing will be procedural defense issues raised by the defense attorney seeking suppression of evidence, or dismissal of the case. Other issues litigated at this stage can be challenges to the evidence under the various Rules of Evidence. Normally these types of arguments involve the parties litigating the admissibility, at a later trial, of various pieces of evidence.

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 having 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. Experience has demonstrated that it is unlikely that you will be in a position to effectively negotiate during the Settlement Conference without first having conducted a comprehensive defense investigation into the facts and circumstances of your individual case. Thus, by having an attorney who has fully investigated your individual case you will be in a position to leverage the factual, procedural and legal defenses that you have previously identified during pre-trial preparation, thereby increasing your chances for a successful outcome at your Settlement Conference.

If an acceptable negotiated settlement cannot be reached by all parties at the Settlement Conference, the case will most likely be set for Trial Management Conference, Trial and Sentencing (only if convicted at trial). These hearings will be discussed in greater detail in a future blog posting.

The Firm handles all types of DUI cases in Scottsdale, whether you are in Scottsdale City Court, one of the Scottsdale Justice Court Precincts, or the Maricopa County Superior Court. Whether you have been charged with a 1st Time DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, Underage DUI, DUI-Drugs, or any other Scottsdale DUI, the Firm can help. Mr. Buckallew has significant experience in defending DUI cases and is a Board Certified Criminal Specialist, having been certified by the State Bar of Arizona. Mr. Buckallew has a proven track record in resolving DUI cases and has achieved trial acquittals, dismissals, and favorable plea resolutions in countless cases over the course of his career. Contact the office for a free consultation in any pending DUI case in Scottsdale or surrounding areas.

**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.

Copyright © 2011 Trent R. Buckallew, Attorney at Law The Law Offices of Trent R. Buckallew, PC Arizona Criminal Defense Attorney

You have been charged with a Mesa DUI and are quite possibly preparing to enter a criminal court room for the first time in your life, other than perhaps appearing for jury duty at some point in the past. This can seem quite daunting, not knowing what to expect, unfamiliar with the location of the courthouse/courtroom, uncertain of what will happen at the first court hearing, and having no idea what to wear or how early to arrive at the courthouse, among many other unanswered questions swirling around in your mind.

To answer the question regarding location of your court appearance, it will depend upon which law enforcement agency cited you and whether you are being charged with Misdemeanor DUI or Felony DUI. If you were stopped by the Mesa Police Department and cited for a misdemeanor DUI, you will likely be appearing in the Mesa Municipal Court. If you were stopped by the Arizona Department of Public Safety (DPS) or Maricopa County Sheriff’s Office (MCSO), you will likely be appearing in one of the Mesa Justice Court Precincts – either the East Mesa Justice Court, West Mesa Justice Court, or the North Mesa Justice Court. If you are facing felony DUI charges in Mesa then you will likely be appearing in the Maricopa County Superior Court / Southeast Facility, at least for your initial hearings. Your case could be transferred to the Maricopa County Superior Court / Downtown if it’s not resolved in the early stages of the court process. You will need to refer to your traffic ticket, summons, or other court paperwork you received to determine the exact location, date and time of your first court appearance.

As for what you should wear – there is usually a minimum dress code policy inside a courthouse such as no clothing with rips or tears, no tank tops, hats, halter tops, sunglasses, etc. but beyond that, it is a good idea to dress modestly and wear clean and neat clothing. This doesn’t mean you need to go out and purchase a new outfit, but you should dress in a way that will demonstrate to the judge that you are taking your case seriously. If in doubt, ask your attorney what he/she recommends you wear.

Timeliness is essential for all court appearances and you should always allow yourself enough time to navigate through rush hour traffic, find parking near the courthouse, make your way through security once you arrive at the courthouse and then locate your assigned courtroom. If you are running late and the judge calls your case before you arrive, the judge could consider this a failure to appear and issue a bench warrant for your arrest.

The initial hearings in a DUI case will depend upon whether you have been charged with Misdemeanor or Felony DUI. The Initial Appearance is the first hearing in a criminal prosecution (with some exceptions, including Misdemeanor cases where you were cited and released). The purpose of the Initial Appearance is to ascertain the true name of the accused, inform the accused of the charges pending, appoint counsel if appropriate, make an initial probable cause determination and establish release conditions. The most important aspect of the Initial Appearance is the establishment of release conditions. The accused can be release on his or her own recognizance, released under supervision or be admitted to bail.

The next hearing in a Felony DUI case is a Status Conference. In felony cases, the normal procedure in Maricopa County is to set the case for a Status Conference in one of the Regional Court Centers – located in Mesa, downtown Phoenix, the Northwest Valley (Surprise) and the Northeast Valley (Phoenix) . The purpose of 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 at the Status Conference, although this is a course of action to be taken only with the advice of counsel.

In felony cases, which do not resolve with a negotiated plea agreement at the Status Conference, the next step in the criminal justice process is for the court to set the case for a 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 hearing this testimony the judge is convinced that there is probable cause to believe that a crime was committed then the judge will order that the accused appear at an Arraignment to enter a formal plea to the charge. If the judge is not convinced that probable cause exists then the judge will order the case dismissed.

In felony cases, an alternative approach to the Preliminary Hearing is the Grand Jury process. On some occasions the government will present their witnesses to a Grand Jury as an alternative approach to establishing probable cause. A Grand Jury is a panel of citizens who are selected to hear cases and to make initial findings as to probable cause. If the Grand Jury finds probable cause then they will return an indictment which is a formal charge. The accused will then be ordered to appear at an Arraignment to enter a plea.

An Arraignment is a formal hearing where the accused enters a plea. 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. On rare occasions, there may even be a plea of guilty to the charges – entered at the Arraignment – based upon precharge negotiations with the government, but this last option is somewhat unusual. Determining what plea to enter at Arraignment is a very important 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. Generally, in the vast majority of cases, the initial appropriate plea at this early stage will be a simple ‘not guilty’ plea to all charges. However, once again you should consult with a competent criminal defense attorney to discuss how to proceed at your Arraignment.

After your Arraignment hearing, the court will generally set your case for a Pre Trial Conference hearing in both Misdemeanor and Felony cases (unless your case was previously resolved during Status Conference as earlier discussed). We will discuss the various pretrial hearings in a future blog posting – including Pre Trial Conferences, Evidentiary Hearings, Settlement Conferences, Trial Management Conferences and Trials – both bench and jury.

The Firm handles all types of DUI cases in Mesa, whether you are in the Mesa City Court, one of the Mesa Justice Court Precincts, or the Maricopa County Superior Court. Whether you have been charged with a 1st Time DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, Underage DUI, DUI-Drugs, or any other Mesa DUI, the Firm can help. Mr. Buckallew has significant experience in defending DUI cases and is a Board Certified Criminal Law Specialist, having been certified by the State Bar of Arizona. Mr. Buckallew has a proven track record in resolving DUI cases and has achieved trial acquittals, dismissals, and favorable plea resolutions in countless cases over the course of his career. Contact the office for a free consultation in any pending DUI case in Mesa or surrounding areas.

**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.

Copyright © 2011 Trent R. Buckallew, Attorney at Law The Law Offices of Trent R. Buckallew, PC Arizona Board Certified Criminal Defense Attorney

Criminal law is comprised of Substantive Criminal Law and Procedural Criminal Law, as well as Legal and Factual Defenses. We have previously defined procedural defenses in this blog entry here and also discussed factual defenses in this blog entry here. The focus of today’s blog posting is going to be a discussion regarding Substantive Criminal Law. If you have been arrested in Scottsdale, AZ for any criminal or DUI charge, it is advisable to seek the advice of competent and experienced criminal defense counsel before making any potentially life changing decisions in your criminal case. If you plan to hire an attorney, it is important to find one who has the experience and knowledge to investigate and litigate criminal and DUI cases, and assist you in navigating through our often-complex criminal justice system. While a criminal or DUI investigation includes many components, our focus today will be on Substantive Criminal Law.

Substantive criminal law is sometimes referred to as the “black letter” of the law. In other words, it means that it is those things the legislature has declared illegal and written a law forbidding the conduct described in the law. (Normally these laws are printed in black ink – hence the name “black letter” of law.) Every substantive criminal law will have ‘elements’ identified in the written language of the law. You can locate what law is being alleged to have been violated by looking at your complaint or indictment. However, this will only tell you what law was violated, to find the ‘elements’ you will need to look it up in the legal code book – known as a statute book. In Arizona, criminal laws are codified at Title 13 of the Arizona Revised Statute. Even if you should locate a copy of the law applicable to your case you will still need the assistance of counsel to deconstruct what the law is actually saying, and to determine what the ‘elements’ are that the government must prove beyond a reasonable doubt before they are entitled to a conviction. Below is a list of categories in which almost all “black letter” laws or statutes will address:

Offenses Against the Person:

• Homicide
• Vehicular Homicide
• Assault and Battery
• Poisoning
• Abduction
• Rape/Sex Crimes
• False Imprisonment
• Kidnapping
• Robbery
• Offenses Against Property
• Larceny
• Embezzlement
• False Pretenses
• Theft
• Receiving Stolen Property
• Malicious Mischief
• Forgery
• Counterfeiting
• Extortion
• Criminal Damage (personal property)

Offenses Against Habitation:

• Burglary
• Arson
• Home Invasion
• Criminal Damage (real property)

Other Offenses:

• Crimes Against Morality
• Crimes Against the Public Peace
• Crimes Against the Sovereign
• Narcotic/Dangerous Drug Offenses
• Criminal Traffic Offenses

Almost all substantive crimes will fall under one of these broad categories. To develop a successful defense one must first identify the nature of the substantive crime being alleged. Only then can one begin to identify the “elements” of the offense. Once this has been identified, a criminal defense strategy can be formulated to address the allegations against the accused. Click here to learn more about factual defenses in a criminal case and here to learn more about procedural defenses in a criminal case. We will discuss more about Procedural Criminal Law in a future blog posting.

Every case is unique and the criminal defense attorney you choose should be able to identify the nature of the crime being alleged as well as the relevant defenses that best fit the specific circumstances and facts of your case. 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. Mr. Buckallew has handled countless Scottsdale criminal and DUI cases – both at the Scottsdale City Court, McDowell Mountain Justice Court, Desert Ridge Justice Court (misdemeanor cases) as well as the Maricopa County Superior Court (felony cases), and in most other courts throughout the valley. He has handled all types of criminal cases, including Homicide, Vehicular Homicide, Aggravated Assault, Sexual Assault, Theft, Criminal Damage, Burglary, Narcotic and Dangerous Drug Offenses, just to name a few.

Contact the Firm today for a free consultation regarding your Scottsdale criminal or 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. Excerpts in this blog posting were taken from Mr. Buckallew’s e-book listed below. You may request a free copy of his book here. Arizona Criminal Defense Strategies (e-book)Copyright © 2011 Trent R. Buckallew, Attorney at Law The Law Offices of Trent R. Buckallew, PC Arizona Criminal Defense Attorney

Congratulations to Attorney Trent Buckallew! The Arizona State Bar, Board of Legal Specialization has certified him as a criminal law specialist.

What Is a Board Certified Criminal Law Specialist?

In Arizona, attorneys can achieve the status of “certified legal specialist” once they have proven experience in a particular area of law, such as criminal law. In order to qualify for this specialization, the attorney must meet the following requirements:

• Admission to the practice of law for at least 5 years (7 years for criminal certification)
• Admission to the State Bar of Arizona for 2 years immediately preceding submission of the application
• Devotion of at least 50% of a full-time practice to the specialty area
• Substantial involvement in the certification area for 4 of the 6 years immediately preceding submission of the application
• Receive favorable peer review from attorneys, judges and other professionals in the specialty field
• Pass a written examination
• Handle a specific number of cases in the specialty field (i.e. Criminal Law)
• Demonstrate integrity, professionalism and a high degree of competence in the specialty field

How many attorneys are currently certified?

According to the State Bar of Arizona website, approximately 700 Arizona attorneys are Board certified, out of a total State Bar membership of more than 17,000 active members. Approximately 100 attorneys are certified criminal law specialists in the State of Arizona.

How long does an attorney remain certified?

According to the State Bar of Arizona website, certification is for a period of five years, after which time the attorney may apply for recertification. Attorneys must demonstrate that they meet the requirements of continuing legal education and substantial involvement in the specialty field on an ongoing basis.

How do you know whether an attorney is certified?

A certified attorney is entitled to:

• Indicate certification on business cards and letterhead
• Display the certificate awarded by the Board of Legal Specialization
• List the certification in legal directories and telephone listings

The Firm represents individuals in all types of DUI cases – both felony and misdeamnor charges – in any court in the State of Arizona, including Municipal/Justice Courts and Superior Courts, including 1st Time DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, DUI-Drugs, Underage Drinking, Minor in Possession / Minor in Consumption, and any other DUI related violation. Contact the Firm today to arrange a free consultation with Attorney Trent Buckallew, a Board Certified Specialist in Criminal Law*.

*Certified by the Board of Legal Specialization, State Bar of Arizona.

**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.

There are a number of benefits that an lawyer can help you with such as negotiating deals with the prosecution if you are in fact guilty of a crime and want a lesser punishment. It is not uncommon that prosecution will be less likely to help you out if you are representing yourself. A skilled defense attorney will also know what is necessary to prepare for your defense, and create a game plan specifically addressing your needs in the situation, in a way that you may not be equipped to do.

Lastly, hiring a criminal defense lawyer means that you are giving yourself a chance to keep fighting after a criminal charge. Just because you have been accused of a criminal activity, it does not mean that your life is over. By hiring trusted legal representation, you can rest assured that your future will be fought for relentlessly. Contact the Law Offices of Trent R. Buckallew, PC today for more information about how our team can help you!

If the officers of the law have any reason to suspect that your property can give them evidence of your involvement in a crime, or there is a specific circumstance that gives them justifiable reason to search your property prior to obtaining a warrant, then it is considered to be legal. If a law enforcement official does have probable cause, then your rights to protect anything your own or have is essentially eliminated. This means that they can search through your bank records, your home, garage, car, office, business or personal documents, trash cans, etc. There are also times in which the Fourth Amendment cannot protect a person as determined by the U.S. Supreme Court if there is no expectation to receive privacy.

First, if an individual expects they will have some level of privacy, then the officers cannot violate those rights outside of the probable cause. A clear example of this would be a person at the mall who uses the restroom will expect in their stall to have personal privacy, therefore someone opening the door on them would be an obstruction of that right. The second rule for this amendment is that if a person leaves something within plain sight, then the officer searching would not be conducting a “search” under the Fourth Amendment. For example, a student parks in the school parking lot and leave a handgun in their center console of the car, the officer can legally search the car without violating privacy rights because it was in a place where society could view the item.

While officers of the law will often attempt not to violate these rights, it will happen in certain situations; if it occurs for you, knowing your rights is essential! In the event that the court determines the evidence obtained from your person or property was done so under unreasonable search and seizure, the court may rule the evidence to be inadmissible in your case. This is called the exclusionary rule, and it means that this evidence can no longer be used against you to prove your guilt in a criminal offense. Being able to prove the police conducted a search which violated your rights; however, can be tricky, which is why searching for a criminal attorney in Mesa is so crucial to your future.

Contact the Law Offices of Trent R. Buckallew, P.C. today for the aggressive Mesa criminal defense attorney that you deserve fighting on your behalf!

Felony Charges in Phoenix, AZ

If you are facing first time felony charges in Phoenix, AZ, you may be unfamiliar with the court proceedings and case progression involved in this type of case. Felony charges are taken very seriously and it is important that you understand what is expected of you and how your attorney can help you navigate through our often-complex criminal justice system. If you retain a private attorney, typically the first documents filed on your behalf will be a Notice of Appearance – to inform the court and assigned prosecutor that this Firm will be appearing with you at all future court dates, and a Motion for Discovery – so we can obtain all discovery materials from the Maricopa County Attorney’s Office (or assigned prosecuting agency).

The first hearing in a Phoenix felony prosecution is called an Initial Appearance. The purpose of the Initial Appearance is to ascertain the true name of the accused, inform the accused of the charges pending, appoint counsel if appropriate, make an initial probable cause determination, and determine release conditions – you may be released on your own recognizance “OR”, the Judge may set a bond amount, or in some cases you may be non-bondable. If you have retained an attorney prior to this hearing, the attorney will argue for your release, or in the alternative, for a reduction in the bond amount.

After the Initial Appearance, your case will be set for a Status Conference in the Regional Court Center in downtown Phoenix – currently in the new South Court Tower of the Maricopa County Superior Court. This is typically your attorney’s first opportunity to obtain and review the initial discovery materials as well as the opening plea offer in your case. If no agreement is reached at this hearing, your attorney may seek a continuance to allow additional time for case investigation, further plea negotiations with the prosecutor and in many cases, to draft what is referred to as a Deviation Letter to the assigned prosecutor, outlining reasons why a more lenient plea agreement may be appropriate in your case. In some instances, the Status Conference may be “scratched”. This means the prosecutor is not prepared to proceed but they can re-file your case at any time up until 7 years from the date of the alleged incident. We typically see cases re-filed anywhere from 2-8 months after being “scratched”.

If a satisfactory agreement cannot be reached at the Status Conference in the Regional Court Center, your case will then be set for a Preliminary Hearing. At the Preliminary Hearing, the prosecutor will call at least one witness – usually a police officer, to testify to the initial findings of the police investigation. If the Judge is convinced there is probable cause to believe that a crime was committed then an Arraignment hearing will be set and you will enter a formal plea to the charge at that hearing. Alternatively, in lieu of a Preliminary Hearing, the prosecutor may instead present the case to a Grand Jury for a determination of probable cause and if they determine probable cause exists, then the case will be set for Arraignment. In either proceeding, if probable cause is not found, the case will be dismissed.

After the Arraignment, a Phoenix felony case will be set for a Pre-Trial Conference hearing where your attorney will have another opportunity to meet with the assigned prosecutor and discuss your case as well as obtain any additional discovery and any plea offer. Pre-Trial Conference hearings (usually up to three) are held every 30 days while your attorney completes the defense investigation work (including interviewing witnesses, examining evidence, conducting crime scene visits, etc.), ensures all discovery materials are received, continues ongoing plea negotiations and/or dismissal agreements with the prosecutor and to discuss case strategy and options for resolution with the client. There are various other hearings that may be set during Phoenix felony case proceedings, including Evidentiary Hearing(s) and Settlement Conference(s). If/when a pre-trial resolution is reached (i.e. plea agreement), then your case will be set for Change of Plea and Sentencing. If it is determined that the best option for your case is to take it to trial, then hearings will be set for Trial Management Conference and ultimately Jury Trial.

There is much work involved in conducting felony defense investigations and the hearings can be much more complicated than what is outlined here, but this gives you a general idea of the types of hearings you can expect in a felony case in Phoenix. For more detailed information regarding criminal defense strategies, hearings and the court system, investigations, crimes, criminal law and other information regarding criminal cases, visit the home page of our website and request a FREE copy of a book entitled ‘Arizona Criminal Defense Strategies’ written by Attorney Trent Buckallew.

Attorney Trent Buckallew has handled countless felony cases in Phoenix, AZ including Aggravated DUI cases, Aggravated Assault cases, Child Abuse cases, Burglary, Disorderly Conduct, Drug Crimes (including possession, sales and distribution), Probation Violation matters, Sex Crimes, Violent Crimes (including Weapons Crimes, Endangerment and Domestic Violence), and numerous other felony charges. Mr. Buckallew has extensive experience in criminal litigation and a proven track record in achieving successful resolution in many of the felony cases he has handled over the years, including acquittals after trial, dismissals, deferred prosecution agreements, and plea resolutions.

If you have been charged with a felony crime in Phoenix, AZ, contact the Firm today for a free evaluation of your 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.

Law Enforcement agencies across the West Valley are planning DUI saturation patrols on New Year’s Eve, looking for drivers under the influence of alcohol and/or drugs. The West Valley DUI Task Force consists of officers from the Arizona Department of Public Safety (DPS), The Governor’s Office of Highway Safety (GOHS), the Maricopa County Sheriff’s Office (MSCO), and city police departments in Tolleson, Surprise, El Mirage, Glendale, Peoria, Goodyear, Avondale and Buckeye.

New Year’s Eve is a time for celebration, but remember – enjoy the holiday, be safe and drink responsibly! If you are stopped for a DUI investigation, be prepared and know your rights. 1) If you are stopped, be prepared to show the officer your driver’s license, registration and proof of insurance. 2) You have the right to remain silent! The officer will likely ask you several questions, such as “Do you know why I stopped you?” or, “Have you had anything to drink tonight?” You should never admit guilt, never lie, just simply invoke your right to remain silent. 3) You have the right to refuse field sobriety tests as well as a preliminary breath test using a non-certified device, HOWEVER, if you refuse to submit to a breath test using a certified device or a blood test, the officer will likely obtain a warrant, and get the evidence anyways, and your license will then be automatically suspended for 12 months due to this refusal (contact the Firm for more details regarding Arizona’s ‘implied consent’ laws). 4) You have a right to legal counsel; ask to speak to an attorney early on in the DUI investigation to ensure your rights are protected.

The Firm handles DUI defense throughout the West Valley, including Phoenix, Avondale, Buckeye, Goodyear, Peoria, Glendale, El Mirage, Surprise and Tolleson. If you have been arrested for a DUI, whether it is a 1st Time DUI, Extreme DUI, Aggravated DUI or DUI with Drugs, the Firm can help. Contact the office today to arrange a free, no obligation consultation regarding your 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.

You can also learn more about the Firm on our Facebook page, and while there, be sure to “like” us. On this business page, Mr. Buckallew provides frequent updates regarding criminal cases, current cases in the news, and other informative postings. He posts videos about various practice areas, links to important news articles, updates regarding Arizona laws, and other important information. If you like the page, these updates will be sent straight to your newsfeed, so that you can learn more about criminal law related news. You can also add Mr. Buckallew to your circles on Google+ if you would prefer. On his Google+ page, Mr. Buckallew has an extensive profile, including his legal resume. He also posts updates about criminal law and as well as possible defense strategies that may available in criminal and DUI cases.

If you have a Twitter account, you can also follow Mr.Buckallew there to learn more about criminal litigation in Arizona. Mr. Buckallew often updates his Twitter feed with relevant criminal law related news in Arizona. For example, last week Mr. Buckallew posted about new marijuana laws in Arizona. If you have been arrested for a marijuana violation, you should seek the advice of an experienced criminal defense attorney who can advocate for you in court and help you achieve an appropriate resolution to your case.

You can also follow us on Pinterest to obtain interesting info-graphics about criminal defense. These info-graphics may help you in understanding some of the nuances in a criminal defense case or comprehend the charges you may be facing. If you are a YouTube user, you can also subscribe to Trent Buckallew’s channel and watch videos regarding DUIs, possible penalties on a drug crime, and possible defense strategies to consider. Social media is a great way to learn more about the Law Offices of Trent R. Buckallew, PC and the types of cases we handle. Please contact the Firm if you or a love one are facing criminal charges – we offer a free consultation to discuss your case and legal options.

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.

**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 or someone you know are facing DUI charges, contact the Firm for a free consultation to discuss your legal options.