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Articles Posted in Criminal Court Process

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According to a media release by the Tempe Police Department, the agency will be out in force over Memorial Day Weekend and have established the following DUI Task Force locations:

Fri. May 24 5:00 p.m. Loop 202 & Dobson Rd. Tempe
Sat. May 25 6:00 p.m. Tempe Fire Training Facility, 1340 E. University Dr. Tempe
Sun. May 26 3:00 p.m. 7300 E. Shoeman Galleria Scottsdale

See Media Release here

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According to a recent news release by the Mesa Police Department, they will be participating in the annual East Valley Memorial Day DUI Task Force. These operations will consist of both sobriety checkpoints as well as DUI saturation patrols throughout the East Valley. The task force will be employing a zero-tolerance approach to any driver found to be impaired either by alcohol and/or drugs, and also any underage driver or passenger with alcohol in their system. Law enforcement is reminding people to enjoy the holiday, drink responsibility and either designate a sober driver, call a cab, or ride the light rail.

If you have been arrested for a DUI or any other criminal violation, it is important to understand your rights. Before police begin questioning a suspect, he/she is required to read you a Miranda warning, reminding you of your rights. Listed below is an example of typical language used in a Miranda warning:

  • You have the right to remain silent and refuse to answer questions. Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney

Whether you are in custody, or out of custody, it is important to understand that you should not speak with anyone about your case except your attorney. This is especially true if you are in custody, as all of your communications can be monitored, especially communications on jail telephones. Communications with your attorney are protected and privileged, including communications over the jail telephones. Therefore, do not communicate with anybody about your case other than your attorney. This applies to individuals who are in custody and out of custody.

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If you have been arrested for any type of criminal offense in Arizona, you may be looking for a criminal defense lawyer in Mesa. Here at the Law Offices of Trent R. Buckallew, PC we can offer you the legal representation you deserve! One aspect of criminal law that often appears to be used frequently on television is the term "alibi," and while many may think it is just a cliché term, it is actually much more than that. An alibi is a legitimate claim that is given in the court of law when a person is accused of an illegal act as a defense mechanism used by their attorneys. Alibi claims are a respectable tactic used by legal professionals to help prove that their client is in fact innocent.

For example, perhaps an attempted murder occurred in your office one night and because it was on your floor you are a suspect for the act. However, if your lawyer is able to gather the sufficient evidence and witnesses to prove that you left early for a doctor's appointment the day of the murder, then the prosecution is going to have a much more difficult time trying to prove that you are still guilty of the violent crime.

Defendants may also still practice their Fifth Amendment right to remain silent by having a witness testify on their behalf. Often times a defendant will stay silent in order to protect their past history, perhaps of an assault crime, that the prosecution would try a hold against them. This way the defense attorney can prove to the court their client was not at the scene of the crime, with a trustworthy testimony from another person instead and leave the prosecution to have to give the burden of proof another way.

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Under current Arizona law, drivers with a blood-alcohol content above 0.08% can be arrested for a DUI violation. Drivers with a BAC less than 0.08% can be charged with impairment, and in Arizona, we have a 'zero tolerance' law for anyone under the age of 21. Underage drivers can be charged with a drinking violation if any trace of alcohol is found in their system. The BAC limit for commercial drivers is 0.04%. The National Transportation Safety Board (NTSB) believes that it would benefit the public if states lowered the drinking threshold to 0.05% BAC. According to their studies, the NTSB believes that a lower threshold could save as many as 1,000 lives per year.

Some critics say that a 0.05% limit would mean that individuals would be at risk for a DUI arrest after only one glass of wine at dinner. After two glasses, the average male would be almost certain to receive a DUI charge if arrested while behind the wheel. Critics also say that the limit would unneccesarily criminalize social drinking and the American Beverage Association says that it may discourage individuals from ordering alcohol at restaurants and bars over the weekend.

Still, the NTSB argues that an average of 10,000 people die in alcohol-related crashes every year. The NTSB is petitioning the federal government to consider lowering the drinking limit in order to encourage less alcohol-consumption and keep intoxicated drivers off the street. If the BAC limit is lowered, it will undoubtedly lead to more arrests. If DUI laws are changed in the State of Arizona, individuals will need to understand how these changes will impact them and make appropriate adjustments in order to avoid DUI charges. If you need a lawyer for a DUI case in Mesa, Arizona, then you need to call The Law Offices of Trent R. Buckallew today for more information. Call (480) 630-2480 today for assistance in your case.

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Country Thunder is an annual weekend music festival held in Florence, AZ (Pinal County) drawing thousands of people from across the valley. In fact, this year's event sold out for the first time in its 20-year history, reaching a capacity crowd of 25,000 patrons.

In years past, Underage Drinking has been a concern at this event, and last year 189 people were arrested for Underage Drinking and other related crimes. In many cases, underage drinkers were alleged to have had blood alcohol levels at more than twice the legal limit of .08 percent, and the youngest person arrested was 15 years old. In addition to Underage Drinking, citations also included violations of Minor in Possession of Alcohol, Using a Fake ID to buy Alcohol, and Furnishing Alcohol to a Minor.

According to recent reports during this year's event, the Pinal County Sheriff's office arrested a 20-year old man on suspicion of Disorderly Conduct and Aggravated Assault, after reports of a stabbing, leaving a 36-year old man in critical condition.

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If you have been charged with disorderly conduct, you may be a bit confused about the crime for which you have been accused. Disorderly conduct can be a confounding charge, because it is a very broad and subjective criminal violation which involves various offenses such as disturbing the peace or causing a commotion. In Arizona, the criminal statutes define disorderly conduct and outline which offenses can constitute this particular crime.

The Arizona State Legislature delineates in §13-2904 that this crime is committed when any person disturbs the peace or quiet of a neighborhood, family, or person. A person can be charged with disorderly conduct in Arizona if he/she engages in fighting or any violent or other disruptive behavior. While a person may also be charged with assault for this type of behavior, it will depend upon the circumstances of the incident. Often-times a person is charged with disorderly conduct combined with other violations, such as assault, criminal damage and other similar violations.

Additionally, if a person makes unreasonable noise with disregard to others, or uses abusive and offensive language or gestures towards any other person present that is likely to provoke physical retaliation, this can be considered disorderly conduct. It is also disorderly conduct to make a protracted commotion with the intent to prevent the transaction of a business in a lawful meeting, gathering or procession.

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If you are involved in a DUI collision which results in a fatality of another individual, there are a few different statutes that you may be charged under, depending on the severity and nature of the incident. Depending on how you are charged, you could be facing anywhere between 1 and 22 years in prison for a vehicular homicide related offense.

Under Arizona law, DUI fatalities can be charged as negligent homicide, which can result in a range of up to 8 years in prison. This type of fatality could also result in manslaughter charges, which are punishable by 7 to 21 years in prison. Finally, under extreme circumstances, a person could be charged with second degree murder, resulting in anywhere between 10-22 years in prison, if convicted.

Arizona and North Dakota are the only two states that do not have a specific vehicular homicide charge which can be applied to situations regarding DUI drivers and fatalities. If you are involved in a vehicular manslaughter-type incident, it is advisable to seek advice from an experience Mesa DUI lawyer as these are very serious allegations with exposure to significant prison time, if convicted.

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As a result of increasing caseloads in the West Valley, Maricopa County opened up its newest justice precinct – the Country Meadows Justice Court. The grand-opening ceremony was held last Thursday, which included the swearing-in of Anna Huberman, the first Country Meadows Justice of the Peace. The precinct boundaries of the new justice court fall between Cactus Road (north) and I-10 (south), Dysart Road (west) and 59th Avenue (east). For now the new court will be housed in downtown Phoenix at One West Madison Street (Lower Level). This court, along with the 25 Justice Courts in Maricopa County, handles a variety of cases including civil and criminal traffic offenses, misdemeanor DUI cases, misdemeanor criminal cases, Order of Protection and Injunction Against Harassment matters, appeals, and other types of cases. If you are cited (or arrested) by the Maricopa County Sheriff's Office (MCSO) or Arizona Department of Public Safety (DPS) for a criminal matter within the boundaries of this precinct, your case will likely be heard in the Country Meadows Justice Court.

The Firm represents individuals in all types of criminal proceedings across the Valley, including in the new Country Meadows Justice Court. If you are facing charges in the Country Meadows Justice Court, contact the office today to arrange a free consultation regarding your case and legal options.

Mr. Buckallew has handled a wide variety of criminal cases over the course of his career as an Arizona Criminal Defense Attorney, ranging from simple misdemeanor traffic violations to very serious and complex Aggravated DUI, Aggravated Assault and Homicide cases. He is exceptionally knowledgeable in the area of criminal law and has focused his scope of representation primarily on matters involving criminal litigation throughout his entire career. Mr. Buckallew has practiced in City/Municipal Courts, Justice Courts, and Superior Courts across the valley and in just about every county in the State of Arizona and skillfully navigates his way through the complexities of criminal court proceedings and criminal litigation.

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Another win for Mesa Criminal Defense Attorney, Trent Buckallew. Our client was charged with Disorderly Conduct/Assault (Fighting/Mutual Combat) by the Maricopa County Sheriff's Office and the complaint was subsequently filed in the North Mesa Justice Court. After conducting a thorough case investigation, the defense was able to show that the defendant was defending himself after being attacked by the alleged victim and as a result, the case was ultimately dismissed.

The Firm handles all types of Disorderly Conduct and Assault cases – both misdemeanors and felonies, in City/Municipal Courts, Justice Courts, and Superior Courts throughout Maricopa County as well as Statewide. Mr. Buckallew has extensive experience in resolving cases involving all types of criminal matters and has a reputation for zealously defending each and every client. If you have been charged with Disorderly Conduct, Assault or any other criminal violation in Mesa or surrounding cities, contact the Firm today for a no cost evaluation of your case. Mr. Buckallew will discuss your case, associated penalties, possible defenses and answer any questions you may have regarding the criminal court proceedings or the case itself.

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If you are working with Trent R. Buckallew or simply looking for more information about DUI defense, then you need to check out his social media pages. Trent R. Buckallew wants all of his clients to have an over-abundance of information about driving under the influence, especially if they have been arrested in connection with this crime. If you start in on a DUI case without a proper amount of information it could be detrimental. You can visit our blog to learn more about criminal defense and DUI laws in the state of Arizona, or you can find links to noteworthy blog posts on our Facebook page. If you “like” us on Facebook, then we will provide you with important DUI and criminal defense information on a regular basis. We will notify you of landmark cases occurring in the United States and post links to videos that Trent Buckallew has filmed for your information. These videos are also all available if you subscribe to Attorney Buckallew’s YouTube channel. Also on the Facebook page, Mr. Buckallew will provide let you know about any major law changes that could affect your case.

You can also add Mr. Buckallew to your circles on Google+ if you want more information about the firm and want to obtain more important news updates. Typically, Mr. Buckallew posts about different website updates on our Google+ account. He also has an extensive resume of his accomplishments on this site so that clients or potential customers can learn about him before making a decision. You can also follow Mr. Buckallew on Twitter to get up-to-date information about criminal law. In recent days, Mr. Buckallew has posted about the legalization of marijuana in Arizona, and DUI testing methods. As well, he has posted links to the firm’s Pinterest page. While Pinterest is best known for recipes and crafting tutorials, there are times that it can serve as a helpful website to post legal infographics. Mr. Buckallew uses the website for this purpose. No matter which social media outfit works best for you, make sure to friend, like, add, or follow Trent R. Buckallew!

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