Any DUI is a serious offense. Every State is unique in how it handles DUIs. If you have been charged with a DUI of any kind be sure you hire an experienced DUI Attorney that understands the laws and court processes in your state. For example, if you were charged with a DUI in the state of Illinois, but you live in Arizona, you would need to hire a Criminal or DUI attorney who practices in the state of Illinois, not Arizona (unless they have a license to practice in Illinois).
You should know there are many attorneys who practice minimally in many areas of law. You sometimes hear them called “General Practice Attorneys” or “Family Attorneys”. The fact is that DUI laws and penalties are constantly changing. You should strongly consider hiring an experienced DUI attorney who handles DUIs on a regular basis. This would be an Attorney who practices in Criminal Defense or DUI Defense law. Particularly, the state of Arizona has some of the toughest DUI laws and penalties in the USA.
The Arizona DUI Laws concerning Arizona drunk driving have changed dramatically over the years. A person arrested today in an Arizona DUI for driving under the influence of alcohol and/or drugs (DUI – DWI) is facing punishment that may include a fine, loss of drivers’ license, counseling, and jail… punishment can be more severe if you are charged with a Arizona felony DUI case. There area many aspects of the case that will and can effect the outcome. All the evidence must be examined, including reason for the stop, method of testing, test results, officers credentials training, and experience in operating the testing equipment, events that take place during the stop, how much over the legal limit or extreme limit the results were found to be, blood test procedural handling that took place after the fact, determining if your rights were violated in anyway during the stop, and much more. Just because the Police Officer arrests you and you are charged with a DUI at that time and place does not mean you have to stand in line and accept the maximum penalties and fines which may be severe and devastating to you, your family, your driver’s license, your job, your future, and your freedom.
In many cases the DUI charges can be dismissed completely. Or in the alternative reduced from felonies to misdemeanors, or reduced to routine traffic violations as a result of challenging some of the issues and factors listed above. Plea Bargains can be negotiated with a much more favorable outcome that what the prosecution originally asked for, or what a jury trial may have decided.
In the state of Arizona, only about 2% to 3% of cases ever go to trial. Be cautious of Criminal or DUI Attorneys who charge you “globally” for legal services that they claim includes a trial fee. Those fees will typically be higher. And if you do not have a trial, they keep the money. Knowing the statistics are only at 2% to 3% average, the odds are 97% to 98% in your favor that there will be no trial.
By: James Novak
People often ask me how to determine if a Criminal Defense Lawyer is good or not. Having practiced as a San Francisco criminal defense attorney throughout California for thirteen years I have developed some opinions about this, which are laid out in the eleven rules below. These attributes can help make the difference between a good, bad or mediocre result. Remember that good criminal defense lawyering is as much an art as a technical skill. There is no substitute for experience. On the other hand it is unfortunately true that some veteran lawyers are tired of practicing law or have been doing it the wrong way for so long, they can’t change their ways. These rules apply to all criminal cases, whether drunk driving, driving under the influence, drugs, fraud, assault, battery, domestic violence or others. Of course they are no different whether you are looking for a San Francisco criminal lawyer, an Oakland lawyer, Hayward lawyer or a lawyer from another part of the country. The rules apply everywhere.
1. The lawyer must care about the result and the client’s well being:
This may seem obvious but it is important for lawyers to remember how important a case is to the person charged with a crime. Criminal charges can bring intense stress in all areas of a person’s life, including professional, financial and family life. This rule applies whether it is a simple DUI matter or a serious fraud or homicide allegation.
2. Get to know the client and his or her life situation and background:
I cannot tell you the number of times that the unique facts of a persons life, or stresses which they are under, strike a note of sympathy with judges when negotiating the outcome of a case, or at sentencing. More importantly these facts can make a big difference with a jury should a person accused with a crime chose to testify in his or her own defense.
3. Work quickly to try to get the person out of jail:
Needless to say, if a person is in jail and hires a criminal lawyer, they are expecting the lawyer to make every effort to gain their release from jail. There are several things that can be done by the criminal defense attorney to make this happen, including motions to set or reduce bail, motions for release on their own recognizance, or, in the case of a San Francisco criminal lawyer or San Francisco criminal defense attorney, a request for supervised release. For some people that own property, a motion to post real estate in lieu of cash is a good way to avoid paying a ten percent premium to a bail bondsman.
4. Consider the effects of a criminal case on a person’s profession, or future profession:
Many convictions can result in the loss of business or professional licenses. Any trade that requires a state license, including hairdressers, nurses, landscapers, and many others, will be in jeopardy if you face criminal charges. Knowing what you are able to accept as part of a plea bargain, or if you are able to plea bargain at all, is critical to making the right choice in your case. Any criminal defense attorney, whether a San Francisco criminal lawyer, Oakland lawyer, Hayward lawyer or other, should be aware of this.
5. Remember confidentiality:
It is important for a criminal lawyer to understand the privacy of the client. This is especially so when dealing with family members of the person charged with a crime. Family may mean well when asking questions, but unless the client authorizes the attorney to talk about it, anything said about the case should remain private and confidential.
6. Consider any immigration consequences:
Anyone who is not a citizen must be especially careful when facing criminal charges. Any conviction or even an admission without entry of a judgment, can result in deportation, exclusion from re-admission or denial of citizenship. This is unfortunately a highly misunderstood area of the law by many criminal lawyers. Understanding these rules is critical whether you are dealing with a San Francisco DUI attorney, San Francisco criminal lawyer, San Francisco criminal defense attorney, Oakland DUI lawyer, Hayward or any attorney from elsewhere in the country.
7. Communication with the client:
Part of why a person hires a criminal lawyer is to understand what is happening in the case as it goes along. A criminal defense attorney must talk about it with the client on a regular basis.
8. Investigation:
In most cases the client should allow the criminal defense attorney to hire an investigator to interview witnesses. If the police did it to gather evidence against you, why wouldn’t you want to do it in your own defense. It costs money but it would be “penny wise and pound foolish” to skimp on this part of your defense – that is, unless you agree with the police version of the facts.
9. Legal research and motions:
Any San Francisco criminal defense attorney must be sure to understand the “elements” of an offense, that is, what the prosecutor has to try to prove in order to get a conviction. Many times the prosecution cannot do it, but you wouldn’t know it unless you looked at the precise elements. Also many searches resulting in police finding drugs or other contraband are illegal and should be challenged by the criminal lawyer.
10. Negotiation:
The way in which a criminal defense attorney negotiates a case can make the difference in a good or bad result. Bear in mind that not all cases can or should resolve by negotiation. Sometimes your best option is to fight the case all the way to jury trial.
11. Trial
Only about five to ten percent of cases go all the way to jury trial. However for the case that we think we can win, jury trial is usually the best option. On the down side, it is more expensive. That is because it should take intensive preparation for the lawyer. It can be stressful and time consuming for you, the client. But when you win, you walk out the door with no conviction on your record. If the judge and prosecutor refuse to offer you a reasonable alternative, and if you have a workable case, jury trial can be the only smart option. Before a jury is where the true lawyer shines as an advocate. Too many a San Francisco criminal defense attorney and San Francisco DUI attorney has not done enough jury trials, fears going to trial, or has had no success before juries. This is true for attorneys in most locations. Trial should not be rushed into heedlessly. Some cases should not go to trial. But trial should always be an option that you discuss with your lawyer, and your lawyer should appear knowledgeable about the ups and downs of jury trial.
By: David Wise
