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.

The fall semester is upon us and ASU students are resuming classes this week, with many joining the ranks of college for the very first time. As students are getting moved into dorms or local apartments, and situated for the start of the school year, we want to remind students and families to keep safety in mind both on and off campus. Some common safety tips to remember include bicycle safety, locking your bicycle to prevent theft, locking car doors, not leaving valuables in your car, and using the ‘buddy system’ when walking around campus at night. See ASU’s website for additional safety tips and to learn more about other campus safety protocols.

It is not uncommon at the start of a new school year to see both Tempe Police and ASU Police ramp up their patrols in and around campus to ensure the safety of students and residents. Some of the high traffic areas these police agencies will be focusing on include, University Drive & College Avenue, Apache Boulevard and College Avenue, and Apache Boulevard and McAllister Avenue. The officers try to educate and spread awareness initially and we usually see them giving warnings for certain infractions before they begin issuing citations, whether it be traffic citations or other violations. We also anticipate that both Tempe and ASU Police will be participating in DUI Task Forces throughout the year, cracking down on alcohol related violations such as Underage Drinking, Underage DUI, Minor in Consumption, and Minor in Possession. With over 50,000 students enrolled at the Tempe Campus, and a notable night life with restaurants, bars and entertainment along Mill Avenue and Tempe Beach Park nearby, and numerous large events in Tempe throughout the year, there is an increased potential for impaired drivers and other criminal violations, such as Assault, Theft, Underage Drinking, Disorderly Conduct, and other similar alcohol violations. Remember to stay safe both at home and on campus, as well as at parties, riding your bicycle and driving your car. Drink responsibly and always use a designated driver.

This Firm has been a fixture in the valley for over 20 years, and being so close in proximity to ASU, we have represented countless ASU students over the years. While we handle all types of criminal cases, from Underage Drinking violations to more serious felony Assault and Theft charges, the most common types of cases we see in our office from ASU students include, Minor in Consumption, Fake ID, Possession of Marijuana and Underage DUI cases. If you are facing any type of criminal violation, it is important to seek the advice of an experienced Tempe Criminal Defense Attorney. The government takes these cases very seriously and the consequences can include the possibility of jail time, probation, fees and fines, alcohol screening and classes, community work service and other penalties. If you are a student, this may also jeopardize your opportunity for certain scholarships, or your participation on athletic teams, and will also result in a criminal record if you are convicted. The Firm has represented countless ASU students and other young adults with all types of criminal and alcohol and/or drug related cases and has a proven track record in achieving great results for our clients in many of those cases.

Contact our office today for a free and confidential consultation regarding any pending criminal or DUI charge (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.

It’s that time of year again for the biggest music festival in Arizona – Country Thunder, which is held at Canyon Moon Ranch in Florence, Arizona (Pinal County), situated about 60 miles southeast of Phoenix. The festival runs April 11^th -14^th (Thursday-Sunday) this year. Nearly 30,000 people are expected to attend the festival each day and many people reserve on-site campsites for the weekend of festivities. Some of the headliners this year include Brett Eldredge, Tim McGraw, Phoenix native Dierks Bentley, and for the very first time at AZ Country Thunder – Chris Stapleton, among other popular country music stars.

As in years past, multiple law enforcement agencies will have a presence during the festival weekend, ensuring safety and security of all festival participants as well as patrolling the roadways leading into and out of Canyon Moon Ranch. The primary law enforcement agencies who usually have a presence each year at Country Thunder include the Pinal County Sheriff’s Office (PCSO) and the Arizona Department of Liquor License/Control – both uniformed officers as well as undercover officers.

According to the Pinal County Sheriff’s Office, they responded to a total of 227 calls within the campground and concert areas last year (2018), which resulted in 16 arrests (18 charges). Of those charges, there were 7 Disorderly Conduct violations, 4 Assaults, and then 1 each of Possession of Narcotic Drugs, Criminal Damage, Resisting Arrest, Misconduct Involving Weapons, Hit and Run with Injury and Liquor Violations. According to a recent article in AZCentral.com, there were 85 other arrests for Underage Drinking violations.

PCSO also actively patrols the roads leading into and out of Canyon Moon Ranch and made 481 traffic stops, resulting in 38 arrests and citations during the 4-day festival last year. These arrests included 9 misdemeanor DUI tickets, 2 Extreme DUI tickets, 2 DUI-Drug tickets, 1 Underage DUI and 1 Minor in Consumption ticket along with a handful of speeding tickets and various other arrests.

If you received a citation while attending the Country Thunder music festival, the court you were cited into will depend upon whether you were ticketed by PCSO, AZ Department of Liquor License/Control, the Florence Police Department, (or another law enforcement agency). However, it is most likely that you will be appearing in either the newly districted Central Pinal Justice Court (formerly known as the Florence Justice Court) or the Florence Municipal Court if you are facing misdemeanor charges, or the Pinal County Superior Court if you are facing felony charges. The court you will need to appear in will be listed on your ticket along with the date and time of your hearing.

If you were charged with DUI after leaving Country Thunder, or charged with an underage drinking violation, or any other criminal violation during the festival, it is important to seek legal advice from an experienced Criminal Defense/DUI Lawyer before making any decisions in your case. Depending on the violation, the consequences of a DUI or Minor in Consumption conviction can be significant, including the possibility of jail time, alcohol treatment and classes, license suspension, fees and fines, community work service, probation, a permanent mark on your criminal record, and can also affect a students’ ability to obtain certain college scholarships and financial aid as well as future employment opportunities. In certain cases, entering into a diversion program may be an option, which means that you can avoid a conviction on your record by taking alcohol education classes and paying the fees associated with the diversion program. In circumstances where diversion may not be an option, your attorney will be able to determine what other legal options you may have in resolving your case, whether it be a negotiated settlement or trial resolution.

We have handled many cases arising out of Country Thunder arrests over the past several years and are familiar with the various types of criminal violations people receive during this festival. If you or a family member are facing charges from Country Thunder weekend, this Firm can help. Whether you have received an Underage Drinking violation, DUI, Assault or any other criminal violation, this Firm can assist in your defense.

Mr. Buckallew is a Board Certified Criminal Defense Attorney, with nearly 20 years’ experience in defending against all types of criminal and DUI cases in most courts throughout Pinal and Maricopa Counties. Contact the office today to arrange a free initial case evaluation for any pending criminal charge you may be facing.

Every year Florence, AZ is host to Country Thunder, the biggest outdoor country music festival in the state. The festival is sure to draw in thousands of fans young and old. With temperatures this weekend forecasted in the 90’s, you will want to be sure to have plenty of water, hats, and sunscreen! Above all, have a great time and be safe.

According to local news outlets, there will be an increased presence of Sheriff’s Deputies, undercover officers and security to ensure the safety and security of everyone attending the festival. Keep in mind, the Pinal County Sheriff’s Office (PCSO), the AZ Dept. of Liquor License/Control, and the Florence Police Department in years past have issued hundreds of citations over the course of the 4-day weekend, particularly involving underage drinking related violations, including Minor in Consumption and Minor in Possession, as well as using fake ID’s to buy alcohol and furnishing alcohol to a minor. We have also seen numerous DUI/DWI cases occur as attendees leave the festival.

If you were arrested by the Pinal County Sheriff’s Office (PCSO), Florence Police Department, AZ Dept. of Liquor License/Control, or any other agency during Country Thunder weekend, contact the Firm to arrange a free evaluation regarding your case. We have handled countless Country Thunder citations over the years and are familiar with the local courts as well as the typical violations we see coming out of this festival each year. Depending on the agency you were arrested by, your case will likely be cited into either the Florence-Coolidge Justice Court located at 400 South Central Avenue in Florence, AZ or at the Florence Municipal Court located at 775 North Main Street in Florence.

Because the consequences of underage drinking violations and DUI offenses can be significant and leave a permanent mark on your criminal record, it is crucial to seek the advice of an experienced Criminal Defense Attorney to determine your legal options before you make any decisions regarding your case. Penalties associated with Underage Drinking and Underage DUI related violations can include, jail time, community work service, alcohol classes, license suspension, court fees and fines, and even possible suspension or expulsion from school and/or athletic teams and clubs. Some of the legal issues a defense attorney may explore include, determining whether you actually violated any city or state law; whether the arresting agency followed the law; whether or not your conduct actually constitutes a criminal violation and whether you have any other legal, factual or procedural defense(s) in your case.

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

**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.

Mesa Municipal Court Criminal Cases

If you were cited and/or arrested on a misdemeanor criminal violation by the Mesa Police Department, you will likely be appearing in the Mesa Municipal Court. The Mesa Municipal Court has jurisdiction over misdemeanor offenses such as DUI (1st Time DUI, Extreme DUI, Super Extreme DUI, Underage DUI), Assault, Disorderly Conduct, Criminal Damage, Domestic Violence and other criminal misdemeanor charges as well as traffic violations, Orders of Protection and Injunctions Against Harassment. Mr. Buckallew has handled countless cases in the Mesa Municipal Court, is very familiar with the Judges and Prosecutors over there and has experience in handling all types of criminal and DUI cases in this Courthouse. The Courthouse is nearby our Tempe office and is located one block south of Main Street and one block west of Mesa Drive at:

Mesa Municipal Court

250 East 1^st Avenue

Mesa, AZ 85210

The Court operates on a 4-day schedule and the hours of operation are Monday-Thursday 7:00 AM – 6:00 PM (excluding holidays).

Dress Code / Courtroom Etiquette

While your attorney will facilitate the court proceedings and give you instructions regarding your role during these various proceedings, it is always helpful to understand basic courtroom etiquette, including being on time, being polite to all court personnel, opposing counsel and the Judge, turning off electronic devices/phones and dressing appropriately. You want to make a good impression and impress upon the Court and Prosecutor that you are taking your case very seriously, and as such, your appearance and what you wear is important. Clothing should be free of offensive/controversial slogans, and no hats, cut-off shorts or flip-flops should be worn. Your appearance should not distract from your case or your defense and recommended attire would be ‘business casual’ such as a tucked in collared shirt and slacks for men and a blouse or sweater and slacks for women.

Types of Criminal Cases

The most common types of cases we typically see in the Mesa Municipal Court, include DUI, Disorderly Conduct, Domestic Violence, Shoplifting, Assault and Probation Violations. At this Firm, we have experience handling all types of misdemeanor (and felony) criminal cases in the Mesa Municipal Court and in courts throughout the Valley (and statewide).

Free Case Evaluation

If you have a criminal case pending in the Mesa Municipal Court, contact the office to schedule a free evaluation of your case. You will consult directly with Mr. Buckallew, a Board Certified Criminal Defense Attorney. Mr. Buckallew has significant experience in litigating criminal and DUI cases with nearly 2 decades of criminal defense practice and countless cases successfully resolved over the course of his career. Mr. Buckallew personally handles each case from start to finish. You will have peace of mind knowing that you will have a personalized, one-on-one relationship and attention to your case. Mr. Buckallew will be making court appearances with you, providing case updates, and working towards case resolution on your behalf. This helps develop a strong working attorney-client relationship built on trust, and mutual understanding of your case objective(s). Contact us today to schedule your free consultation.

**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.

Apache Junction Municipal Court Criminal Cases

If you were cited for a misdemeanor criminal violation by the Apache Junction Police Department, within the city limits of Apache Junction, you were likely cited into the Apache Junction Municipal Court. The types of cases which could be cited into this court could include, DUI (1st Time DUI, Extreme DUI, Super Extreme DUI, Underage DUI), Assault, Disorderly Conduct, Criminal Damage, Domestic Violence or any other criminal misdemeanor charges. The courthouse is located at:

300 East Superstition Boulevard, Apache Junction, AZ

The Court operates on a 4-day schedule and the hours of operation are Monday-Thursday 7:30 AM – 5:30 PM.

As with any courtroom, the Apache Junction Municipal Court has certain standards of conduct and etiquette in the courthouse. While formal attire is not required, clothing should be free of offensive/controversial slogans, no hats, or cut-off shorts. Recommended attire would be conservative clothing, ‘business casual’ or something you would wear to church. Your appearance should not distract from your case or your defense. Your attorney will give you more specific instructions regarding what your role in the courtroom will be, as this will depend on the various types of hearings in criminal cases.

The most common types of cases we typically see in the Apache Junction Municipal Court, include DUI (including 1st Time DUI, Extreme DUI, Super Extreme DUI, and Underage DUI), Disorderly Conduct, Domestic Violence, Shoplifting and Assault. At this Firm, we have experience handling all types of misdemeanor (and felony) criminal cases in the Apache Junction Municipal Court and in courts throughout the Valley as well as statewide.

If you have been charged with any criminal case in Apache Junction, please contact the office for a free evaluation of your case. You will meet with a Board Certified Criminal Law Specialist – Attorney Trent Buckallew, who will discuss both the details of your case as well as the legal defenses which may be pursued in your case. With nearly 20 years of experience in litigating criminal and DUI cases of all types, Mr. Buckallew can answer any questions you have regarding the court process, defense and litigation goals and the best course of action in 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.

First Time DUI Penalties in Mesa

If this is the first time you have ever been arrested for a DUI, you are probably wondering whether you will have to serve any time in jail, whether your driver’s license will be suspended and what types of fines/fees and other costs you might be subject to if you are convicted.

The penalties for a 1st time DUI offense (within 84 months), a Class 1 Misdemeanor, will depend upon your blood alcohol content (BAC):

Jail Time

If you are impaired to the slightest degree (<0.08), or if you are at a 0.08 or greater (but less than 0.15), or if this is a drug based DUI, the minimum jail time is 10 days. If you are at 0.15 or greater (but less than 0.20), the minimum jail time is 30 days. If you are at 0.20 or greater, the minimum jail time is 45 days.

A Judge can reduce the minimum jail time from 10 days down to 1 day upon completion of court order drug/alcohol screening and treatment (for standard offenders); reduce the minimum jail time from 30 days down to 9 days (for Extreme DUI‘s); and reduce the minimum jail time from 45 days down to 14 days (for Super Extreme DUI’s) if the driver installs/maintains an ignition interlock device for a period of 12 months.

Fees/Fines/Assessments

The fines, fees and assessments for a 1^st Time DUI offense (within 84 months) will also depend upon your blood alcohol content (BAC):

If you are Impaired to the slightest degree, or at a 0.08 or greater (but less than 0.15), or drug based DUI the fees/fines are $1,529.10; if you are a 0.15 or greater (Extreme DUI) the fees/fines are $2,779.10; if you are at a 0.20 or greater (Super Extreme DUI) the fees/fines are $3,236.60.

Other costs include jail costs, ignition interlock costs, cost for alcohol screening and classes, SR-22 car insurance policy and increased insurance premiums which can add up very quickly into several thousand dollars.

Driver’s License Suspension/Ignition Interlock

Your driver’s license will be suspended for 90 days on 1^st Time DUI offenses and there will also be a 12-month requirement for installing an ignition interlock device in your vehicle.

Other Penalties

Other penalties after a 1^st Time DUI conviction include completion of alcohol or drug screening and education programs and to participate in the Mothers Against Drunk Driving (MADD) Impact Panel.

Given the onerous penalties – including jail time and all the other costs involved – you should seek an experienced and competent Mesa DUI Attorney to fight your case and ensure the best outcome possible in your case.

Having defended countless individuals facing DUI charges in the Mesa Municipal Court, Attorney Trent Buckallew has extensive knowledge and experience in litigating DUI cases and reaching favorable resolutions on behalf of his clients. Mr. Buckallew is one of a very small percentage of attorneys in the Valley who has achieved Board Certification as a Criminal and DUI Specialist, which is an extremely rigorous process for attorneys. Certification requires support from judges, peers and opposing counsel, demonstration of superior knowledge, skill, integrity and professionalism, a written examination among other specific requirements set forth by the AZ State Bar.

Contact the Firm today for a free evaluation of your 1^st Time Mesa 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.

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.

How to Post Bond at 4^th Avenue Jail

If a friend or member of your family has been arrested and booked into jail in Maricopa County and the Judge ordered that a bond be posted for their release, you may be wondering how to go about posting this bond. Bonds can be paid at the 4^th Avenue Jail (north side of the building), located at:

Maricopa County 4^th Avenue Jail

201 S. 4^th Avenue

Phoenix, AZ 85003

Please note, the jail does not accept cash or credit cards – acceptable means of payment for posting a bond include, a Cashier’s Check, a U.S. Postal Money Order or a Western Union Money Order. These must be made payable to the Maricopa County Sheriff’s Office.

Once a bond is posted, it can take up to 48 hours for the inmate to be released. Also, please note: If an inmate has any other holds, including an immigration hold or a hold by another law enforcement agency, posting the bond will not enable the inmate to be released. If you have any questions or want to confirm any other possible holds that may prevent the inmate’s release, you may contact the Sheriff’s Information Management Services at (602) 876-0322. You will need the person’s full name, date of birth, and booking number (if you have it).

Also notable, any transactions over $10,000 will require that you provide your social security number in order to post the bond, which is a requirement of the Internal Revenue Service.

You can also use a bail bonds company and we will discuss the process for doing this in a separate post.

The Firm provides free consultations on any pending criminal case, contact the Firm today to arrange a time to meet with an attorney. The Firm handles all types of criminal cases in Phoenix and throughout Maricopa County, including felony and misdemeanor cases. Mr. Buckallew is a Board Certified Criminal Defense Attorney and has significant experience in handling all types of criminal cases ranging from misdemeanor assault, disorderly conduct and domestic violence to more serious and complex felony cases ranging from Aggravated DUI, Aggravated Assault, Homicide, and Murder cases.

Once again, Arizona has proven to be one of the harshest in the country when it comes to DUI punishment, including mandatory jail time, steep fines and other penalties such as loss of driving privileges, possibility of ignition interlock requirements, possibility of increased insurance rates, along with other potential consequences. A recent study by Wallet Hub ranked Arizona number 1 in penalties for drunk driving and number 2 in DUI prevention efforts (https://wallethub.com/edu/dui-penalties-by-state/13549/). Along with some of the harshest penalties in the country, Arizona has implemented significant prevention efforts across the state. Police agencies in Mesa, and all across Arizona, partner together during holiday and other high traffic weekends to set up DUI task force checkpoints as a preventative measure and also to raise awareness amongst drivers. According to a recent article on azcentral.com, (http://www.azcentral.com/story/news/local/phoenix/2016/08/12/arizona-toughest-nation-dui-study-says/88636358/), DUI’s accounted for 33 percent of the 811 total fatalities in Arizona in 2015, according to data from the Arizona Department of Transportation. At any given time, due to DUI checkpoints and overall DUI enforcement in Maricopa County, the Maricopa County Prosecutor’s Vehicular Crimes Unit has an average of 715 Aggravated (felony) DUI cases spread amongst its 13 Vehicular Crimes prosecutors at any given time throughout the year. These numbers do not include the thousands of misdemeanor DUI cases prosecuted in AZ every year. While a 1st Time DUI is usually charged as a misdemeanor, there are certain factors that can cause a DUI to get charged as a felony, including:

• Driver’s license is suspended/canceled/revoked at the time of the DUI
• A minor child under the age of 15 was in the car at the time of driving
• This is a 3^rd DUI within 84 months
• The DUI occurred while the driver was required to have an ignition interlock device in the vehicle

The penalties for felony DUI cases are considerably harsher than penalties for misdemeanor DUI cases. The maximum penalty for a first time Aggravated DUI can include: 3.75 years in prison, 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 mandatory minimum of 4 months in prison, up to 10 years of probation, a 3 year license revocation, $750.00 fine plus surcharge, $250.00 DUI abatement fund, $1,500 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. An individual charged with felony DUI involving a child under 15 in the car, while possessing a valid driver’s license, can see the jail penalties reduced to levels within the misdemeanor offense category. Also, one can apply for and obtain a restricted license while on probation. The remaining felony terms would still apply. More serious felony DUI cases, such as DUI cases involving serious injury or homicide have considerably harsher penalties of up to 15 years in prison for multiple felony DUI charges and up to 21 years in prison in DUI homicide cases. Every case is different and the penalties in each case will depend upon a variety of factors so it is advisable to consult with an experienced DUI attorney regarding the specific penalties you may be facing in your DUI case.

Mr. Buckallew is a Board Certified DUI and Criminal Law Specialist,having been certified by the Arizona State Bar, Board of Legal Specialization. This means that he has significant experience in the practice of both DUI and Criminal Defense. Mr. Buckallew personally handles each and every case himself which means you are guaranteed the expertise of a highly experienced DUI attorney from start to finish on your case. Mr. Buckallew focuses his practice on criminal and DUI defense and belongs to many professional organizations, including theNational College for DUI Defense, The American Academy of Forensic Science, and Arizona Attorneys for Criminal Justice. He was also named a Top 100 Trial Attorney by the National Trial Lawyers – 2012 & 2013. He has handled all types of DUI cases, ranging from DUI Homicide cases, Aggravated DUI, Felony DUI with Multiple Priors, 1^st Time DUI, Underage DUI, Extreme DUI, Super Extreme DUI, and many others. Please contact the Firm today to consult with a Mesa Board Certified DUI Attorney regarding your Aggravated DUI case and to discuss your legal options.

**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, 1201 S. Alma School Rd. #11550

Mesa, AZ 85210 – (602) 825-3300

Phoenix Municipal Court

If you have been arrested by the Phoenix Police Department for a DUI or any type of criminal charge, you were likely cited into the Phoenix Municipal Court. The court is located at:

Phoenix Municipal Court

300 West Washington

Phoenix, AZ 85003

The Phoenix Municipal Court handles misdemeanor cases ranging from Reckless Driving,Shoplifting, and Disorderly Conduct to DUI and OUI (boating DUI) cases. The maximum penaltyfor a Class 1 Misdemeanor is 6 months in jail and a $2,500.00 fine. Given the possible penalties as well as other long term consequences resulting from a criminal record (i.e. diminished employement/professional opportunities, increased insurance rates, loss of professional licenses, etc.), it is advisable to consult with an experienced criminal defense attorney before making any decisions in your case.

If you were arrested by the Maricopa County Sheriff’s Office or Highway Patrol (AZ Department of Public Safety), you were likely cited into one of the following Maricopa County Justice Courts, depending on where you were within the Justice Precinct boundaries in Phoenix:

Arcadia Biltmore Justice Court

620 West Jackson Street

Phoenix, AZ 85003

Desert Ridge Justice Court

18380 North 40^th Street

Phoenix, AZ 85032

Dreamy Draw Justice Court

18380 North 40^th Street

Phoenix, AZ 85032

Downtown Justice Court

620 West Jackson Street

Phoenix, AZ 85003

Maryvale Justice Court

18380 North 40^th Street

Phoenix, AZ 85032

McDowell Mountain Justice Court

18380 North 40^th Street

Phoenix, AZ 85032

Moon Valley Justice Court

18380 North 40^th Street

Phoenix, AZ 85032

South Mountain Justice Court

620 West Jackson Street

Phoenix, AZ 85003

West McDowell

620 West Jackson Street

Phoenix, AZ 85003

As with the Phoenix Municipal Court, Maricopa County Justice courts also handle misdemeanor cases with the same maximum penalties previously mentioned – 6 months in jail and $2,500.00 fine.

If you are facing misdemeanor or felony criminal charges in the City of Phoenix – whether in the Phoenix Municipal Court, any of the Maricopa County Justice Courts, or the Maricopa County Superior Court, this Firm can help. We have represented countless individuals in City, Justice and Superior Courts throughout the Phoenix area and have the experience of over 17 years in the practice of criminal and DUI litigation. Mr. Buckallew is a Board Certified Criminal Defense attorney – as designated by the State Bar of Arizona, which means he has demonstrated superior knowledge in area of criminal and DUI law, as well as integrity, professionalism and competence as an attorney. Contact the Firm today at (602) 825-3300 for a free case evaluation to discuss your legal options.

**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 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.

If a law enforcement officer has arrested you for reasonable suspicion of drunk driving, then you are legally required to take a blood, urine, or breathalyzer test to determine your BAC. These tests have to be taken within two hours from when you were driving. Breathalyzer tests can usually be taken right on the side of the road, but blood and urine tests need to be administered by a medical professional at a nearby hospital.

If a driver refuses to take a BAC test, they will face penalties:

• First refusal: 1-year license suspension
• Second refusal: 2-year license suspension
• Third refusal: 2-year license suspension

Note that these suspensions are in addition to any administrative and criminal penalties you might later incur as part of a DUI conviction. Simply put, a BAC test refusal can only stand to make your DUI charge worse—even if you are later acquitted.

“I’ve already refused—now what?”

If you have already refused a BAC test, then your arresting police officer has seized your license and the state has been notified of your suspension. You will be given a temporary 15-day license, but after that, your driving privileges are officially suspended.

You can, however, request a hearing with the Motor Vehicle Division and object to your DUI-related suspensions. It is advantageous to have proven counsel by your side during these hearings and ensure that the best possible argument is put forth in reinstating your driving privileges. Time is of the essence, though, and swift action is needed to effectively reduce these suspension times.

If you are facing a serious DUI charge, then skilled and dedicated counsel is needed to resolve this matter as favorably as possible. At the Law Offices of Trent R. Buckallew, PC, Attorney Buckallew is a Mesa Board Certified Criminal Defense Lawyer who has helped countless clients navigate their DUI charges and arrive at the best possible outcome of their cases.

Start protecting your future today with a Mesa DUI defense lawyer capable of securing results. Request a case evaluation today.

With a vibrant night life, college town atmosphere and a variety of bars and restaurants – Tempe is a great town to enjoy an abundance of activities. With ASU at the heart of the city, and the party atmosphere along Mill Avenue, this also means law enforcement has a noticeable presence, particularly on weekends, holidays and during festival weekends and other high traffic times throughout the year. One of Tempe Police Department’s annual campaigns is the “Safe and Sober Campaign” which typically begins at the start of the fall semester at ASU and runs for about 8 weeks. The primary focus is the enforcement of liquor laws such as Underage DUI and Felony DUI, but also includes educating folks about bicycle and pedestrian safety and enforcing party ordinances. If you are charged with an alcohol violation in Tempe, it is critical to consult with an experienced DUI attorney as Arizona is one of the toughest states as far as penalties are concerned.

While many DUI charges are classified as misdemeanors in the State of Arizona, there are some circumstances which can result in DUI charges being classified as a felony, or ‘Aggravated DUI‘. If you are charged with a felony DUI in Tempe, your case will be filed in Maricopa County Superior Court. Misdemeanor DUI cases in Tempe are generally filed in the Tempe Municipal Court (if Tempe Police Department was the arresting agency) or the University Lakes Justice Court (if ASU Police Department was the arresting agency). The primary factors in felony Aggravated DUI charges include:

Class 4 Felony:

• Driving on a restricted, suspended or revoked license at the time of the DUI
• Two prior DUI/DWI/OUI convictions (in any state) within the past 84 months
• If you are required to equip your vehicle with an ignition interlock device at the time of the DUI

Class 6 Felony:

• Driving with a minor child (under the age of 15) in the car at the time of the DUI

While misdemeanor DUI charges are not taken lightly in Arizona, Aggravated DUI cases are considerably more serious and as such, result in much harsher penalties. The jail or prison terms follow the statutory requirements for Misdemeanor DUI charges – regular DUI, Extreme DUI and Super Extreme DUI, and with no prior felony convictions, the range for anAggravated DUI (Class 6 Felony) with a minor child in the car is a minimum of 1 day in jail up to a maximum of 2 years in the department of corrections. Additionally, the court fees and fines are nearly $5,000, license is revoked for 1-year (with possibility for restricted driving), up to 10 years’ probation (plus probation fees), alcohol screening and classes (plus cost of screening/classes), community work service, possible SR22 insurance, 1-2 year ignition interlock, depending on BAC level (plus cost to rent the device), Victim Impact Panel (MADD), and a felony record (which is forever allegeable). The jail or prison term for an Aggravated DUI (Class 4 Felony) with no prior felony convictions is a minimum of 4 months (which can be reduced to 24 days if eligible for Continuous Alcohol Monitoring Program) and up to a maximum of 3.75 years in the department of corrections. Additional penalties include court fees and fines of nearly $5,000, a 1-year license revocation, probation up to 10-years (plus probation fees), alcohol screening and classes (plus cost of screening/classes), community work service, possible SR22 insurance, 2-years ignition interlock device (plus cost to rent device), Victim Impact Panel (MADD), and a felony record (which is forever allegeable).

Given the serious, costly, and long-term impact of a felony Aggravated DUI conviction in Tempe, it is critical to seek the advice of an experienced Tempe DUI lawyer before making any decisions in your case. Mr. Buckallew has extensive experience litigating DUI cases, including very serious and complex felony DUI charges, and has a proven track record of successfully resolving countless DUI cases over the course of his career. Mr. Buckallew is also a Board Certified Specialist in Criminal Law, as designated by the State Bar Of Arizona.

Contact the Firm today for a free evaluation of your Tempe felony DUI or any other criminal or DUI case in the City of Tempe.

**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.

The weather is warming up in Phoenix which means surrounding lakes are filling up with valley residents looking for a place to cool down. Valley lakes are a popular place for residents to recreate and take part in water activities, including boating, jet skiing, fishing, paddle boarding, beach side barbecuing, hiking and just enjoying the scenery. A popular lake for east valley residents is Saguaro Lake which is just northeast of Mesa and easy to access from Scottsdale and Phoenix as well. If you are headed out to Saguaro Lake, situated in the Tonto National Forest, you will need to purchase a daily pass to display in your vehicle ($6) plus a watercraft use fee ($4) for each watercraft you are taking out on the lake. These passes are not sold at the lake so be sure to purchase them beforehand either online or at various retail outlets on your way out to the lake. Additionally, if you plan to fish, be sure to check out fishing license requirements before heading out to the lake as well.

Finally, if you plan to consume alcohol during your outing at the lake, always be sure to designate a sober driver for boats and other motorized watercraft as well as for the drive back home. A fun day at the lake can quickly turn sour if you are arrested for a boating DUI, or more specifically – an OUI (Operating Under the Influence). If you are arrested for OUI on Saguaro Lake, the arresting agency will likely be the Maricopa County Sheriff’s Office (MCSO) – Lake Patrol Unit, and you will likely be cited into the North Mesa Justice Court (for misdemeanor OUI charges) or the Maricopa County Superior Court (for felony OUI charges). If you are facing OUI charges, they are treated very similar to a regular DUI, and it is imperative to seek competent legal counsel before making any decisions in your case.

Misdemeanor OUI Charges

According to Arizona Revised Statutes (ARS) § 5-395, It is unlawful to operate or be in actual physical control of a motorized watercraft under any of the following circumstances:

1. While under the influence of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
2. If a person has an alcohol concentration of 0.08 or more within two hours of operating or being in actual physical control (APC) of the motorized watercraft and the alcohol was consumed either before or while operating or being in actual physical control of a motorized watercraft.
3. While there are drugs (or drug metabolites) in the person’s body.
4. If the motorized watercraft is a commercial motorized watercraft and the person has an alcohol concentration of 0.04 or more.

Penalties for OUI Misdemeanor charges:

1^st Offense OUI (BAC 0.080-0.149%) Possibility of 10 days in jail (may be suspended upon completion of alcohol/drug screening/treatment program and a finding of non-reckless operation of the watercraft), minimum fees & fines of $1,250, and possible community work service and probation.

1^st Offense Extreme OUI (BAC 0.150-0.199%) Possibility of 30 days in jail (all but 10 days may be suspended upon completion of alcohol/drug screening/treatment program), minimum fees & fines of $2,500, possible community work service and probation.

1^st Offense Super Extreme OUI (BAC 0.200% or greater) Mandatory 45 days in jail, minimum fees & fines of $2,750, possible community work service and probation.

Penalties are increasingly harsher if you have prior OUI convictions, or if other aggravating circumstances exist in your case. Please consult an attorney to discuss the specific penalties relevant to your circumstances.

Felony OUI Charges

An OUI will be charged as a felony under the following circumstances, ARS § 5-396:

1. If it is a third or subsequent OUI charge within a period of 84-months (Class 4 Felony).
2. The person is charged with an OUI and a person under 15-years of age is on the watercraft (Class 6 Felony).

Penalties for Aggravated (felony) OUI charges:

Aggravated DUI (Third charge within 84-months) Minimum 4 months in Arizona Department of Corrections (prison), alcohol or drug screening, counseling and education, and minimum fines of $4,000.

Aggravated DUI (Minor child under 15- years of age on watercraft) minimum jail time tracks that of 1^st offense OUI charges, alcohol or drug screening, counseling and education, and minimum fines of $4,000.

Penalties are increasingly harsher if you have more than 2 prior convictions within an 84-month period, or if other aggravating circumstances exist in your case. Please consult an attorney to discuss the specific penalties relevant to your circumstances.

Please contact the Firm today if you are facing OUI charges and speak with a Board Certified Criminal Law Specialist who will discuss the possible defenses and legal options in resolving your OUI case. Mr. Buckallew has handled OUI cases throughout Maricopa County as well as many other criminal boating violations, such as reckless operation of a watercraft, and he has significant experience in litigating a wide variety of criminal cases including OUI and boating related violations.

**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.

The countdown to Super Bowl XLIX continues as throngs of fans head out to Super Bowl Central which has taken over about 12 blocks in downtown Phoenix. According to azcentral.com, Phoenix along with state liquor officials have approved public consumption of alcohol within an enclosed 9-block area of downtown Phoenix, enabling folks to enjoy the street festivities with a cocktail in hand. This is said to be the largest special event liquor license ever issued in downtown Phoenix and to ensure the safety of everyone, security will be extremely tight. Anyone wanting to consume alcohol in this area will be required to show their ID, wear wristbands, and stay within the 9-block perimeter which will be secured with temporary barricades. Officers from Phoenix Police Department, Maricopa County Sheriff’s Office (MCSO) and the AZ Department of Liquor License and Control will be conducting enforcement efforts and ticketing violators for drinking violations such as Minor in Consumption / Minor in Possession and Underage Drinking as well as any other criminal violations ranging from Disorderly Conduct, Assault, Weapon and Firearm Violations, and Drug Violations. There will also be increased DUI enforcement in and around Phoenix so if you do plan to consume alcohol, be sure to designate a sober driver or utilize taxi service, Uber, or the light rail to avoid the harsh consequences of a DUI charge in Arizona.

Some of the most common alcohol violations we see with large events around the valley include, Underage Drinking, Underage DUI, False ID and Minor in Consumption (MIC) / Minor in Possession (MIP) violations. Arizona has a “zero tolerance” law which prohibits anyone under the age of 21 to drive with any trace of alcohol in their system. If you are under the age of 21 and your blood alcohol content (BAC) is at or above .08%, you may also be charged with DUI in addition to Underage Drinking. The penalties for some of the common underage drinking violations are outlined here:

A.R.S. § 4-241L – (Fake ID) “A person who is under the legal drinking age and who misrepresents the person’s age to any person by means of a written instrument of identification with the intent to induce a person to sell, serve, give or furnish spirituous liquor contrary to law is guilty of a class 1 misdemeanor.” The maximum punishment for a class 1 misdemeanor is up to 6 months in jail and a fine of up to $2,500.

A.R.S. § 4-241M – “A person who is under the legal drinking age and who solicits another person to purchase, sell, give, serve or furnish spirituous liquor contrary to law is guilty of a class 3 misdemeanor.” The maximum punishment for a class 3 misdemeanor is up to 30 days in jail and a fine of up to $500.

A.R.S. § 4-244(34) – (Underage Drink and Drive) “It is unlawful…For a person under twenty-one years of age to drive or be in physical control of a motor vehicle while there is any spirituous liquor in the person’s body.” The maximum punishment is up to 6 months in jail and a fine of up to $2,500.00

A.R.S. § 4-244(9) – (Minor in Consumption / Minor in Possession) “It is unlawful…for a person under the legal drinking age to buy, receive, have in the person’s possession or consume spirituous liquor…” The maximum punishment for a class 1 misdemeanor is up to 6 months in jail and a fine of up to $2,500.

In addition to possible exposure to jail time and significant fines, underage drinking violations can also result in license suspensions of up to two years, probation, community work service, a criminal record and other unanticipated consequences. Before making any decisions in your case, it is critical to seek the advice of legal counsel to ensure you understand your legal options and the consequences of a conviction.

Mr. Buckallew is a Board Certified Specialist in Criminal Law and focuses his practice primarily on DUI and Criminal Defense in Phoenix and surrounding areas. He has significant experience in litigating all types of DUI and Underage Drinking violations, including Minor in Consumption / Minor in Possession, Fake ID, Underage Drink and Drive, 1st Time DUI, Extreme DUI, Felony DUI and any other criminal or DUI charge in the state of Arizona. Contact the Firm today for a free evaluation of your Phoenix DUI or criminal 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.

As Glendale is gearing up to host the Seattle Seahawks and the New England Patriots on February 1^st we want to welcome an estimated 100,000 out of town visitors expected to visit the Valley of the Sun for Super Bowl XLIX. According to AZCentral.com, Phoenix area airports (including Scottsdale Airport, Phoenix Deer Valley Airport, Goodyear Airport, Glendale Municipal Airport, Mesa’s Falcon Field Airport, Phoenix-Mesa Gateway Airport, Chandler Municipal Airport, and of course Phoenix Sky Harbor International Airport) have been preparing for this increased air traffic for several months, anticipating over 1,000 additional private aircraft along with commercial and charter jets.

The NFL will be hosting the Super Bowl Experience activities at the Phoenix Convention Center the week leading up to the super bowl. According to azsuperbowl.com – along with the many interactive attractions, games, exhibits and other activities, fans will also be able to find many other venues and activities around town including the 2015 Pro Bowl on January 25^th at University of Phoenix Stadium, the 2015 Waste Management Phoenix Open at TPC Scottsdale (1/26/15-2/1/15), Super Bowl XLIX Media Day (1/27/15), Verizon Super Bowl Central – a free, family-friendly, football themed outdoor fan fest taking over Downtown Phoenix (1/28/15-2/1/15), along with many other events leading up to the big game.

And of course with any event of this scale, law enforcement agencies from around the valley are coordinating efforts to ensure the safety of all residents – both locals and visitors alike. With a week filled with Super Bowl events spread across the valley between Glendale, Phoenix and Scottsdale, police officers from Glendale PD, Phoenix PD and Scottsdale PD will be working off-duty shifts in addition to all regularly scheduled shifts in these departments. Additionally, other agencies – both local and federal, are providing the assistance of their officers, including Gilbert PD, Tempe PD, Mesa PD and Prescott PD, along with regional cooperation of over 50 agencies. The City of Phoenix is hosting the major events – both Super Bowl Central covering several blocks in downtown Phoenix, as well as the Super Bowl Experience at the Phoenix Convention Center. The City of Scottsdale will be hosting many out town visitors in local resorts both for the Super Bowl and the WM Phoenix Open. The Super Bowl itself as well as the Pro Bowl will be played at University of Phoenix Stadium in the City of Glendale.

Whether you’re participating in some of the many Super Bowl activities in Phoenix and around the valley, or taking time out to enjoy our fantastic weather with a hike up Camelback Mountain, a stroll through the Phoenix Desert Botanical Gardens, dining or shopping along historic Mill Avenue in Tempe, or checking out Historic Downtown Glendale – there will be no shortage of activities to fill your days. Enjoy the festivities, celebrate responsibly and remember to use a designated driver, utilize the light rail, taxi service or Uber.

In the event you find yourself facing DUI charges during super bowl week, it is critical to seek the advice of competent legal counsel before making any decisions in your case as Arizona has some of the toughest DUI laws in the country. Outlined below are some of the common DUI violations along with associated penalties:

Misdemeanor DUI (1^st Offense) – BAC between .08% – .149%

Minimum Penalties include 10 days jail (9 can be suspended if court ordered alcohol classes are completed successfully), over $1,500.00 in fees/fines (plus jail costs), vehicle ignition interlock device and a 90-day license suspension.

Misdemeanor Extreme DUI (1^st Offense) – BAC between .15% – .199%

Minimum Penalties include 30 days jail (all but 9 days can be suspended with the installation of ignition interlock for 12-months), over $2,500.00 in fees/fines (plus jail costs), vehicle ignition interlock device and a 90-day license suspension.

Misdemeanor Super Extreme DUI (1^st Offense) – BAC at or above .20%

Minimum Penalties include 45 days jail (all but 14 days can be suspended with the installation of ignition interlock for 12-months), over $3,000.00 in fees/fines (plus jail costs), vehicle ignition interlock device and a 90-day license suspension.

Felony Aggravated DUI (1^st Offense)

While many DUI charges are classified as misdemeanors in the State of Arizona, there are some circumstances which can result in DUI charges being classified as a felony, or ‘Aggravated DUI‘. The primary factors in felony Aggravated DUI charges include:

Class 4 Felony:

• Driving on a restricted, suspended or revoked license at the time of the DUI
• Two prior DUI/DWI/OUI convictions (in any state) within the past 84 months

Minimum Penalties include 4 months in prison, over $5,500.00 in fees/fines, 3 year license revocation, mandatory drug/alcohol evaluation and treatment program, up to 10 years’ probation and vehicle ignition interlock device.

Class 6 Felony:

• Driving with a minor child (under the age of 15) in the car at the time of the DUI

Minimum Penalties include a minimum of 10 days jail but increases based on BAC levels, over $4,500.00 in fees/fines, 3 year license revocation, up to 10 years’ probation, drug/alcohol evaluation and treatment program and vehicle ignition interlock device.

Please visit our Arizona DUI website for more in depth information regarding Arizona DUI charges and penalties. The Firm handles all DUI cases throughout the entire State of Arizona – both misdemeanor and felony, including 1st Time DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, DUI – Drugs, DUI Involving an Accident, Underage DUI or any other drug or alcohol DUI you may have been charged with. The Firm handles cases in City/Municipal Courts in Phoenix, Tempe, Scottsdale, Gilbert, Mesa, Chandler, Glendale and throughout the entire valley. The Firm also handles cases in all Maricopa County Justice Courts throughout the valley as well as the Maricopa County Superior Court. The Firm also handles ANY criminal charge in Phoenix and throughout the State of Arizona, including (but not limited to) Disorderly Conduct, Criminal Damage, Assault, Littering, Shoplifting, Drug Crimes, Juvenile Crimes and Reckless Driving.

If you are facing DUI charges in Phoenix, contact the Firm today for a free evaluation of your case. Mr. Buckallew is a Board Certified Criminal Law Specialist and has significant experience in litigating DUI cases in Phoenix courts and throughout the State 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.

If you are facing criminal charges in Phoenix, a Board Certified Criminal Defense Attorney with this Firm offers a free, no obligation evaluation of your case. Mr. Buckallew has focused his practice primarily on criminal and DUI defense, representing countless individuals in Phoenix and throughout the State of Arizona for over the course of his career. The Firm has defended a wide range of criminal cases, from Disorderly Conduct and Domestic Violence cases to DUI cases all the way up to First Degree Murder cases. Mr. Buckallew has handled countless cases in the Phoenix courts – both the Phoenix Municipal Court (misdemeanor criminal/misdemeanor DUI) and the Maricopa County Superior Court (felony criminal/felony DUI). The Firm also represents individuals in the Maricopa County Justice Courts located in Phoenix, including the Arcadia Biltmore Justice Court, Desert Ridge Justice Court, Downtown Justice Court, Encanto Justice Court, Dreamy Draw Justice Court, Maryvale Justice Court, McDowell Mountain Justice Court, Moon Valley Justice Court, South Mountain Justice Court, and the West McDowell Justice Court (misdemeanor criminal/misdemeanor DUI). In addition to criminal and DUI cases, Mr. Buckallew also represents plaintiffs or defendants in Injunction Against Harassment/Order of Protection proceedings as well as Interfering with Judicial Proceedings cases.

If you are charged with a DUI in Phoenix, it is critical to seek competent legal counsel as these cases can result in significant fees/fines, potential for incarceration, increased insurance premiums, college/career repercussions, possible suspended or revoked driver’s license, possible probation, and the possibility of ignition interlock requirements and alcohol classes. DUI litigation requires knowledge in both criminal defense as well as a thorough understanding of the scientific evidence (blood, breath, etc.) and Mr. Buckallew has significant experience in both of these areas. With his Law Degree and continuing legal education along with his Master’s Degree in Forensic Science, Mr. Buckallew understands both the science behind the evidence as well as the potential legal defenses inherent in DUI cases. He has handled all types of DUI cases including (but not limited to), 1st Time DUI, DUI Involving an Accident, Underage DUI, Extreme DUI, Super Extreme DUI, Aggravated DUI, DUI with Multiple Priors, DUI Involving Homicide (or Injury), and DUI – Drugs. He has achieved successful outcomes for countless clients over the years, including full case dismissals, not guilty jury trial verdicts, favorable plea agreements, and aggressively defends each and every case he handles.

Mr. Buckallew has also handled a wide range of criminal cases – both misdemeanor and felony, including (but not limited to), Assault, Domestic Violence, Drug Possession, Drug Sales, Drug Crimes, Juvenile Crimes, Shoplifting, Misconduct Involving Weapons, Theft Crimes, White Collar Crimes, Minor in Possession, Minor in Consumption, Burglary, Reckless Driving, Disorderly Conduct, Violation of Restraining Orders, Prostitution, Sex Crimes, Homicide and Murder. He has a track record for zealously defending each and every client and has achieved successful outcomes in countless cases over the course of his career.

Contact the Firm today for a free case evaluation if you have a criminal or DUI charge in Phoenix.

**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.

Please celebrate responsibly and enjoy a safe and happy New Year’s Eve! If you plan on drinking tonight, make transportation plans ahead of time for the safety of yourself and other drivers on the roadways. There are plenty of options to ensure a safe arrival home at the end of the night, including taxi or limo service, Uber or a designated driver. In addition, AAA Tipsy Tow service is once again offering a free (10-mile) tow and ride home – call 1-800-AAA-HELP between 6PM Dec. 31^st and 6AM Jan. 1^st https://www.az.aaa.com/news/automotive/tipsytow. Also, check out Valley Metro as they are teaming up with Coors Light to provide free rides on bus, light rail and ADA Dial-a-Ride services beginning at 7PM on New Year’s Eve. See more at: http://www.valleymetro.org/landing_page/freerides/.

If you do find yourself being charged with a DUI, it is critical to seek the advice of competent legal counsel as soon as possible. Arizona has some of the toughest DUI laws in the country and if convicted, the penalties include significant fees, fines, mandatory incarceration, alcohol counseling, potential for increased insurance premiums, ignition interlock requirements, probation, possible vehicle impoundment, license suspension, and other unanticipated consequences.

The penalties are typically harsher the higher your blood alcohol content (BAC) and can also be harsher when certain ‘aggravating’ factors are involved, such as having a minor child (under the age of 15) in the car, having a suspended/revoked driver’s license, or having multiple DUI convictions at the time of the DUI stop. At a minimum, the penalties for a First Time DUI with a BAC of .08-.15% can include up to 6 months in jail, a $2,500 fine (with 84% surcharge) plus additional fees, a 90-day to 1 year driver’s license suspension, ignition interlock requirement, mandatory alcohol screening and counseling, probation and potential for increased insurance, among other consequences. Extreme DUI (BAC of .15-.20%) and Super Extreme DUI (BAC > .20%) result in even harsher penalties including increased jail time, higher fees/fines, vehicle impoundment, license suspension, and other penalties. If there are ‘aggravating’ circumstances involved at the time you are stopped, you will likely be charged with a Class 4 or Class 6 Felony DUI. Aggravating circumstances, as previously mentioned, can include having a minor child in the car, having multiple prior DUI convictions or driving without a valid driver’s license (i.e. suspended/revoked). As you can imagine, the more serious the circumstances and the higher your BAC, the harsher the penalties will be. The prison term for an Aggravated DUI conviction can be anywhere from 4-months up to several years. The fees and fines are substantially higher for felony DUI’s, as are other penalties, including longer license suspension, increased insurance premiums, probation, classes and other unanticipated consequences.

If you are arrested for DUI in Phoenix, or surrounding cities (including Gilbert, Scottsdale, Mesa, Tempe, Queen Creek, San Tan Valley, Paradise Valley, Apache Junction and Chandler), it is imperative to consult with competent legal counsel as each case is unique and the consequences/penalties of each DUI will depend upon many factors and circumstances in a case. Mr. Buckallew is a Board Certified Criminal Law Specialist, having been certified by the State Bar of Arizona, and thus, has significant experience in litigating all types of DUI and criminal cases. He has successfully litigated all types of DUI cases from 1st Time DUI and Underage Drinking to DUI Involving Homicide and everything in between. Mr. Buckallew has practiced in just about every Municipal/City/Justice Court in Maricopa County, the Maricopa County Superior Court, and Courts in just about every other County in the State of Arizona. Contact the office today for a free evaluation of your 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.