Criminal Defense Lawyer Gilbert AZ | Criminal Rights List | AZ Criminal Law

"If your rights have been violated, it can often lead to dismissal of evidence or your criminal charges in Gilbert AZ. The key to a successful defense based on rights violations is to hire an experienced criminal defense trial and defense lawyer who will investigate and raise compelling arguments on your behalf."

Experienced criminal defense and DUI lawyers who defend criminal charges in Gilbert are naturally very familiar with the laws, and how to use them in favor of your defense. It's a good idea for you to be familiar with your criminal rights before you get charged or arrested in Gilbert AZ. Many feel that laws and procedures are in place only to use against them to arrest, and convict. But the fact is that laws also exist to protect them even if they are accused of a crime.

To simplify, we will break them down into three types of criminal rights: 1) Federal Rights. These are the rights guaranteed under The United States Constitution or Constitutional Rights; 2) State Rights under Arizona Constitution and State Laws; 3) Procedural Rights, those related to processing formal criminal and DUI charges in the AZ criminal justice and criminal court process.

Below are some of the most common criminal rights (list is not all inclusive):

• The Right to "an attorney", criminal or DUI defense, as soon as reasonably possible (must be invoked by the accused );
• The Right to "remain silent" (must be invoked by the accused);
• The Right to "due process" to defend the charges in the criminal court system;
• The Right chose not to allow self-incrimination;
• The Right to plead "not guilty" of the charges;
• The Right to use justifiable defenses;
• The Right to obtain and present exculpatory (in favor of defense) evidence;
• The Right to challenge the credibility of evidence the prosecution intends to use;
• The Right to a fair and speedy jury trial (for charges eligible for jury trials);
• The Right to deny unwarranted "search and seizure" of property, vehicle, and person.
• The Right not to be treated humanely and with dignity not with "cruel and unusual" punishment.
• "Double Jeopardy" prohibition: the Right not to be charged, arrested, tried or punished, for the exact same or original incident.

If you face active criminal or DUI charges Gilbert AZ, or you feel your rights have been violated, you should contact an experienced criminal or DUI lawyer who defends Gilbert charges as soon as possible. Violations of constitutional rights can lead to dismissals of evidence or even complete dismissals of Gilbert criminal or DUI charges. Such allegations by a defendant involve certain evidentiary issues that must be proven and compelling, and defended through the complex criminal court system. For these reasons, your chances of getting a good outcome for challenging constitutional right violations are the most successful if investigated and argued by an experienced Gilbert criminal defense and trial lawyer.

If you have an outstanding warrant for arrest in Arizona or have been arrested in Maricopa County for AZ DUI, DWI, Drunk Driving or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at             (480) 413-1499      . Speak directly with experienced Arizona criminal Defense and DUI & Criminal defense Attorney, James Novak (Former Prosecutor). The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert Arizona, East Valley, AZ and surrounding cities within the Phoenix metro and Maricopa County Areas.

This blog has been posted for general public informational purposes only. All articles by this author are intended to raise awareness and generate discussion on a variety of Arizona State Law issues and topics. Note that Arizona legislation, laws, criminal code and AZ DUI & criminal laws and penalties frequently change. If you have any active criminal or DUI or criminal defense matters related to this topic, it is important that you consult or hire an Arizona criminal or AZ DUI or criminal defense law firm in the jurisdiction of Arizona where you received your charges of up to date information on the laws, penalties and defense options.

Phoenix DUI Attorney answers a simple question: What does a DUI attorney do anyway?

As a Phoenix DUI Attorney with over a decade of experience, I am asked by many people, “what do you really do for people charged with a DUI offense?”  It is a completely valid question.  I have met with many people who previously were arrested for a DUI case.  They hired another attorney and felt that they got little in return.
       I have found that the bulk of these people had one common complaint, they just had no idea what their attorney did for them.  The lack of information made them suspect that the attorney cashed their check and went to go play golf.  While it is possible that their prior attorney did next to nothing, it is more likely that the client was simply never informed about what steps were taken.  Representing a client for a DUI actually is a lot of work.  We have to travel to court numerous times over a period of months.  Interviews are conducted.  Motions are written and evidentiary hearings are conducted.  The trick of the trade is to inform the client of what is occurring.
       Honestly, it didn’t used to be so much work.  Arizona DUI lawyers had more options when defending clients charged with drunk driving.  Back in the day, say 1995, a lawyer could go to the prosecution, explain that the client had no prior convictions and was generally a good person.  The prosecution could conceivably dismiss the DUI and offer a reckless driving plea.  But today, the “good ol boy defense” (as I call it) is a thing of the past.
       Most DUI courts have very rigid policies and procedures.  A prosecutor probably isn’t going to fall for the, “Come, on, please?” defense.  As a result, DUI attorneys in Arizona have to get more creative, more diligent and more focused in their case defense.  The good news is that there still are many ways to win a DUI case, and the prosecution is even more burdened with high caseloads than ever.  Prosecutors who are dealing with gigantic caseloads are more likely to make mistakes and more likely to want to bargain if they are forced into a corner.
       The best way to make a DUI prosecutor want to deal is to file a motion to dismiss the case.  There are several basic motions to dismiss that are more commonly filed that you would think.  For example, the police have to pull a DUI suspect over for a valid reason.  Quite a number of police officers simply don’t sufficiently document why the traffic stop occurred in the first place.  Without a valid reason to stop the car, the case can be thrown out.  If the suspect asks to speak with an attorney, the police must make reasonable efforts to allow the suspect to call an attorney prior to drawing blood or performing a breath test.  If blood is taken, adequate documentation must be kept.  Finally, even in cases where the prosecution has all their ducks in a row, they still need witnesses to appear in trial and testify coherently against the defendant.  You might be surprised how many times they have a difficult time getting their witnesses to court.  If witnesses don’t appear, we file a motion to dismiss the case.
One of the things we do at Alcock and Associates is fully inform our clients of the moves we make.  We ensure that our clients know about the witness interviews we are conducting.  We give our clients copies of motions we file.  We also give them status reports so they know what happened in court.  Hiring a DUI attorney in Phoenix doesn’t have to be a roll of the dice.  We make it so that our clients are educated as to exactly what our strategies and tactics are.  As a result, we have had tremendous success in building our Arizona DUI law firm.

Phoenix DUI Attorneys offer advice to avoid a DUI arrest this Labor Day

"People tend to think that as long as they drive carefully, they won't get pulled over. What people don't know is that the police set up checkpoints and pull over everyone, regardless of their driving behavior. Furthermore, the police often stop a vehicle for the most minute traffic violation, including ticky-tack equipment issues such as a crack in the windshield."
“People tend to think that as long as they drive carefully, they won't get pulled over. What people don't know is that the police set up checkpoints and pull over everyone, regardless of their driving behavior.”

Speaking with other Phoenix DUI lawyers, Alcock has noted that some bars receive intense scrutiny from the police. He notes, "I know that there are particular establishments that the police pay special attention to. Anyone leaving these bars stands a much higher risk for a traffic stop. Once you talk to 20 or 30 people who claim they were stopped for no reason outside a particular bar, it gets your attention."

So what should you do if you find yourself getting pulled over? DUI attorney Alcock says don't panic. "When the lights and siren come on the DUI investigation has already started. They way you drive, how you park when you pull over, and whether or not you fumble for your license in your wallet are all pieces of evidence that a police officer will scrutinize. Be very careful to park your vehicle correctly. Be polite and have your paperwork ready to hand over when the officer taps on the window."

That being said, a person always has the right to remain silent. Alcock notes, "There is nothing wrong with saying that you would like to call your attorney before answering any questions. That statement cannot be used against you later in court. It doesn't make you look more guilty, it just means that you are aware of your Constitutional rights." By invoking your right to a DUI lawyer, the police will not be able to ask questions about how much you had to drink and how impaired you feel. It also prevents the police from conducting roadside field sobriety tests. As a result, the police will have less evidence to support an arrest and the prosecution will have less ammunition in court should your case go to trial.

So this labor day season, be careful and remember that Arizona is effectively a zero-tolerance state when it comes to DUI. The best piece of advice a criminal defense attorney can give is to tell a person to take a cab instead of risking it behind the wheel. If you have been arrested for DUI, feel free to call the Phoenix law firm of Alcock and Associates for a free consultation