Criminal Court Process

Published on: April 26, 2012

Underage Drinking Arrests at Country Thunder

By Law Offices of Trent R. Buckallew, PC

Underage Drinking Arrests at Country Thunder

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

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

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Published on: April 11, 2012

Criminal Charges in Scottsdale

By Law Offices of Trent R. Buckallew, PC

Criminal Charges in Scottsdale

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

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

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Published on: March 29, 2012

Criminal and DUI Charges in Tempe

By Law Offices of Trent R. Buckallew, PC

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

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

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

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Published on: March 18, 2012

San Tan Regional Court Criminal Cases

By Law Offices of Trent R. Buckallew, PC

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

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

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

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Published on: March 15, 2012

Chandler Municipal Court Misdemeanor Charges

By Law Offices of Trent R. Buckallew, PC

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

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

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

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Published on: March 14, 2012

Misdemeanor charges in Gilbert, AZ

By Law Offices of Trent R. Buckallew, PC

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

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

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

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Published on: March 7, 2012

Reckless Driving Ticket

By Law Offices of Trent R. Buckallew, PC

Reckless Driving Ticket in AZ

A reckless driving ticket in AZ is a serious criminal traffic violation in terms of associated penalties upon conviction. Reckless driving is defined in section 28-693 of the Arizona Revised Statutes as:

A person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving.
A person convicted of reckless driving is guilty of a class 2 misdemeanor.

The penalties associated with a reckless driving conviction (first offense) can include up to a maximum of 4 months in jail, a $750.00 fine (plus 84% surcharge) and suspension of driving privileges for up to 90 days. In addition, this is 8 points against your driver's license and can also cause a substantial increase in your car insurance rates. If a person has a prior history of reckless driving within a 24 month period, this can be charged as a class 1 misdemeanor, which, if convicted, can result in jail time of up to 6 months (20 days minimum), up to a maximum of $2,500.00 fine (plus 84% surcharge), and revocation of driving privileges.

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Published on: March 1, 2012

Criminal Damage Charges in Phoenix

By Law Offices of Trent R. Buckallew, PC

Criminal Damage Charges

Criminal damage charges can range in severity from a low level misdemeanor to a more serious felony, depending on the allegations. For example, if a person recklessly damages property valued at more than $250.00 but less than $1,000.00 dollars, then this would be charged as a class 1 misdemeanor. In the most serious cases, criminal damage can be charged as a class 4 felony if the damages are valued at $10,000 or more (or $5,000 or more if the damages involved the property of a utility). The penalty for misdemeanor criminal damage charges, if convicted, can be up to a maximum of six months in jail and a $2,500.00 fine. Felony charges can result in up to a maximum of 3.75 years in jail. The consequences of a criminal conviction can be significant and long lasting, including a criminal record, exposure to incarceration, fees and fines, probation services, and can have a negative impact on current or future employment aspirations. If you have been charged with a criminal damage violation, the Firm can review your case at no charge and discuss your legal options. Contact the Firm today to arrange your free consultation (602) 825-3300.

Published on: February 21, 2012

Crackdown on Underage Drinking

By Law Offices of Trent R. Buckallew, PC

The Maricopa County Sheriff's Office (MCSO) was recently awarded a $20k grant from the Governor's Office of Highway Safety, which will enable officers to receive overtime pay to crack down on Underage Drinking (AP 2012). In related news, with ASU and its large student population, the City of Tempe is also ramping up efforts to curb underage drinking and recently revised an ordinance known as 'Nuisance Parties and Unlawful Gatherings'. The ordinance holds adults responsible for serving alcohol to underage children (other than their own), according to local media outlets. Both Tempe and ASU Police Departments routinely target apartment complexes in Tempe for underage drinkers, particularly if they've received multiple complaints from a specific complex. If you (or your child) have been charged with Underage Drinking, Minor in Possession/Minor in Consumption of Alcohol, Public Intoxication, False ID, Underage DUI or any other violations related to Underage Drinking, you may be able to defend your charge in court. The consequences can be significant and leave a permanent mark on your criminal record so you should seek the advice of counsel to determine your legal options. Penalties associated with Underage Drinking/Underage DUI related violations can include, jail time, community work service, alcohol classes and treatment, license suspension, fees/fines, and even possible suspension or expulsion from school and/or athletic teams. It is critical that you understand the consequences of the charges you are facing and seek the advice of counsel before making any decisions in your case. Some of the legal factors a defense attorney will explore include, determining whether you actually violated any city or state law; whether the arresting agency followed the law; whether or not your conduct constitutes a criminal violation and whether you have any other legal, factual or procedural defense in your case. Contact the Firm today for a free evaluation of your case.

Published on: October 13, 2011

Non-DUI Offenses Involving Impairment

By Law Offices of Trent R. Buckallew, PC

There are a number of criminal offenses involving impaired driving, but due to the circumstances and severity of the situation, the government may pursue more serious charges than driving under the influence of alcohol (DUI). Some of these offenses include:

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.)