mercredi 2 novembre 2011

Phoenix DUI Defense Attorney serving Phoenix, Arizona

Need a Phoenix DUI Attorney? Todd E. Nolan is an experienced Phoenix DUI Attorney to help you mount an effective defense in your DUI case. With over a decade of experience dealing with Phoenix DUI cases, DUI Attorney Todd E. Nolan will guide you through the entire process.

To get a fair trial in a Phoenix DUI case, you need a DUI Attorney with the experience necessary to fight for your rights; that's why you need to call The Nolan Law Firm to start your DUI defense today. Waiting can only damage your case; you need an aggressive Phoenix DUI Attorney working for you right now.

Click here to Contact a Phoenix DUI Attorney Today!

Already been convicted of a DUI in Phoenix? Cari McConeghy-Nolan is an experienced, aggressive appellate DUI attorney who can help you mount an appeal in your Phoenix DUI case. You only have a limited amount of time to appeal your DUI conviction, and The Nolan Law Firm can help, but you must act fast.

Click here to Contact a Phoenix DUI Appellate Attorney Today!
FAQ About Phoenix DUI Attorneys

What is a Phoenix DUI Attorney?
Why do I need a Phoenix DUI Attorney?
Where can I find a Phoenix DUI Attorney?
What if I've been convicted of a DUI in Phoenix?
What is a Phoenix DUI Attorney?

A DUI Defense attorney is an attorney in Phoenix attorney who is who has experience in defending people against Phoenix's tough DUI laws. There are many attorneys out there who will take a DUI case, but only an experienced Phoenix DUI Attorney knows how Phoenix's tough DUI laws work.
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Why do I need a Phoenix DUI Attorney?

If you have been accused of a DUI in Phoenix, you could be facing stiff penalties, including fines, an ignition interlock device, loss of your driving privileges or jail time. Phoenix has some of the toughest DUI laws in the country, which is why you need a Phoenix DUI Defense Attorney on your side. Many people feel like they know their rights or have a good understanding of the law, but only experienced Phoenix DUI attorneys will be intimately familiar with all of the applicable laws and how to effectively defend your rights. Any attorney can review your case, but only an experienced Phoenix DUI defense attorney will know precisely how to conduct your defense.
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Where can I find a Phoenix DUI Attorney

If you're in Phoenix, then look no further than The Nolan Law Firm. Our skilled Phoenix DUI Defense Attorney, Todd E. Nolan, can help you start your DUI Defense TODAY!

Click here to contact a Phoenix DUI Attorney
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What if I've been convicted of a DUI in Phoenix?

Even if you've already been convicted of a DUI in Phoenix, it's still not too late. You have a right to an appeal, and Cari McConeghy-Nolan, a Phoenix DUI Appellate Attorney at The Nolan Law Firm, has years of experience in Phoenix Appellate cases. With her skills as an appellate attorney, Cari can review your case and make sure that you got a fair trial. There are time limits, so contact a Phoenix DUI appellate attorney TODAY!

Phoenix DUI attorneys contribute to Tempe High School

The Phoenix DUI attorneys of Alcock and Associates contribute to Tempe High School's International Baccalaureate Program.

/EINPresswire.com/The DUI Attorneys and criminal defense lawyers at Alcock and Associates are pleased to announce their latest charitable initiative. The Phoenix Law Firm is sponsoring the Tempe High School International Baccalaureate Diploma Programme. Thanks to their generous contribution to the school, children who were unable to pay the tuition for the program will now be able to participate.

Attorney Nicholas Alcock, the owner of Alcock and Associates law firm, is a Tempe High School graduate. He reached out to the school to see how he can help to directly assist their students. Mr. Alcock contacted his former teacher, Scott Greenhalgh, and learned that there were students who wanted to take part in an enormously successful program, but didn't have the resources to pay the cost.

Alcock states, "After speaking with Mr. Greenhalgh, it became obvious to me what needed to be done. The International Baccalaureate Diploma Programme is an award winning system that prepares students for higher education. The track record of the program is impeccable and it clearly is something that benefits kids. How could I not support such and initiative?"

The International Baccalaureate program is a not for profit charity. Their goals are to develop the educational and personal skills of all their students. The program was founded in the late sixties and has rapidly expanded. Currently, the IB program is working with over 3,000 schools in 141 countries. It truly is an international program. This year, there are almost one million students worldwide are enrolled.

Attorney Alcock notes, "I think what separates the IB program from other initiatives is that is seeks to develop all aspects of their students. The young men and women must completely commit to their studies. Students in the program are required to write an extended essay and engage in independent research. They are also required to learn by getting involved in the community by performing community service. Lots of people talk about what is necessary to promote children's education--the IB program is taking direct action."

The law firm of Alcock and Associates is extremely involved in local charities and is committed to helping people worldwide. Over the years, the lawyers have donated hundreds of hours of their time to give free community legal assistance. In Latin America, the firm has several charitable agencies that have donated over 500,000 free meals to the hungry. The firm routinely makes large contributions to the Children's Crisis Nursery, Phoenix Children's Hospital and other charitable foundations. For more information about Alcock and Associates law firm

mercredi 7 septembre 2011

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

samedi 18 juin 2011

Phoenix Defense Lawyer

Structured Settlements in the United States

The United States has enacted structured settlement laws and regulations at both the federal and state levels. Federal structured settlement laws include sections of the (federal) Internal Revenue Code.[5] State structured settlement laws include structured settlement protection statutes and periodic payment of judgment statutes. Forty-seven of the states have structured settlement protection acts created using a model promulgated by the National Conference of Insurance Legislations ("NCOIL"). Of the 47 states, 37 are based in whole or in part on the NCOIL model act.[citation needed]Medicaid and Medicare laws and regulations affect structured settlements. To preserve a claimant’s Medicare and Medicaid benefits, structured settlement payments may be incorporated into “Medicare Set Aside Arrangements” “Special Needs Trusts."

Structured settlements have been endorsed by many of the nation's largest disability rights organizations, including the American Association of People with Disabilities [6] and the National Organization on Disability.[7]

In April 2009, financial writer Suze Orman wrote in a column [1] that structured settlements "provide ongoing income and reduce the risk of blowing a lump sum through poor financial choices." In response to a reader's question, she added that financial security can be improved "if you use the structured payouts wisely."
[edit] Definitions

A definition of “structured settlement” can be found in Internal Revenue Code Section 5891(c)(1) (26 U.S.C. § 5891(c)(1)), which states that a structured settlement is an "arrangement" that meets the following requirements:

    A structured settlement must be established by:
        A suit or agreement for periodic payment of damages excludable from gross income under Internal Revenue Code Section 104(a)(2) (26 U.S.C. § 104(a)(2)); or
        An agreement for the periodic payment of compensation under any workers’ compensation law excludable under Internal Revenue Code Section 104(a)(1) (26 U.S.C. § 104(a)(1)); and
    The periodic payments must be of the character described in subparagraphs (A) and (B) of Internal Revenue Code Section 130(c)(2) (26 U.S.C. § 130(c)(2))) and must be payable by a person who:
        Is a party to the suit or agreement or to a workers' compensation claim; or
        By a person who has assumed the liability for such periodic payments under a qualified assignment in accordance with Internal Revenue Code Section 130 (26 U.S.C. § 130).

It is important to note that the language immediately prior to Internal Revenue Code Section 5891(c)(1) states that the definition that appears there is "for the purposes of this section". Internal Revenue Code Section 5891 entitled "Structured Settlement Factoring Transactions" deals with the excise tax imposed on the "factoring discount" (see IRC 5891(c)(4)), when there is a purchase of structured settlement payment rights and the exceptions to the excise tax. A number of structured settlement industry commentators have been observed attempting to broaden the express language that appears in the Internal Revenue Code.
[edit]

dimanche 22 mai 2011

Phoenix Criminal Defense Lawyer

Experienced Arizona Criminal Attorneys and Former Prosecutors

It's crunch time. The decisions you make and the skill of your Phoenix criminal defense attorney can alter the outcome of your criminal charges — for the better or for the worse. Don't just roll over or take a bad plea. Don't assume your case is hopeless. Don't wait any longer to call Suzuki Law Offices, L.L.C.

Experienced trial lawyer Richard Suzuki and his associates give you a fighting chance when you are facing serious criminal charges. They aggressively attack the prosecution's case to get charges dropped or evidence suppressed, and they are courtroom veterans with a lengthy record of not-guilty verdicts and favorable plea bargains.

Experienced, Aggressive Representation

    Free Initial Consultation

Call 24/7: (602) 635-1369 • Hablamos Español

Extensive State and Federal Court Experience

Phoenix criminal defense attorney Richard Suzuki and his associates have extensive experience in both the Arizona state and federal criminal justice systems, from defending first-time offenders to people who have an extensive criminal history. Their insights as former Deputy Maricopa County Attorneys and Assistant U.S. Attorney (Mr. Suzuki) help them analyze the strength of the government’s case against you and determine a course of action.
Defending You Against Misdemeanor or Felony Charges

The Suzuki Law Offices, L.L.C., located in Phoenix, provides professional and experienced criminal defense representation to English- and Spanish-speaking clients. We focus our practice on helping people who have been accused of misdemeanor or felony criminal charges, such as:

    Drug crimes, including drug possession, trafficking, distribution, marijuana drug crimes and prescription drug crimes
    DUI defense, including aggravated and extreme DUI
    Violent crimes, including murder, aggravated assault, kidnapping and gun crimes
    Sex crimes, including sexual assault/rape, sexual conduct with a minor, child pornography and prostitution charges
    White collar crimes, including fraud, forgery and embezzlement
    Federal crimes, including federal drug crimes, gun crimes and immigration-related crimes
    Theft crimes, including burglary and armed robbery

Contact Our Law Offices for Experienced Defense, Committed to You

We treat all our clients with professionalism and respect. We provide personal attention, unwavering support and we do our best to protect and defend the rights of all our clients. Our experienced support staff, investigators and criminal defense attorneys are committed to providing every client the best criminal defense available.

Whatever the charges, you need a proven criminal law attorney who understands the criminal justice system and will take the time to help you understand what to do in your specific situation and case. Call the Suzuki Law Offices at (602) 635-1369 or contact us online for a free consultation with a Phoenix criminal defense attorney. To better serve our clientele, Richard Suzuki and Matthew Bartz are fluent in Spanish.