"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.
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.
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