Understanding The Criminal Procedure Process In Arizona
Feb 21, 2023
If you or a loved one are arrested in Arizona, it’s crucial that you understand what to expect as the criminal case goes through the legal system. That way, you can feel more confident and in control during what can be a difficult and overwhelming time. Indeed, a qualified criminal defense attorney can guide you every step of the way, but you, too, should be informed.
In this article, we discuss the criminal procedure process in Arizona. If you or a loved one has been charged with a criminal offense in Arizona, get the experienced and aggressive attorneys at Oliverson Law DUI & Criminal Defense on your side today. Our team consists of a former police officer, prosecutors, and judge. Call us anytime at (480) 582-3637.
Arrest and Booking
After an individual is arrested, they should avoid speaking to the police or detective. A common police tactic involves the officers seemingly asking innocent questions, but their intent is to get you to say something they can use against you in the prosecutor. Even if the officer or detective says cooperation will help things go faster, you should not make any statements.
After a person is placed under arrest, they are taken to the police station for booking. During booking, fingerprints and photos are taken. Also, their property is removed and impounded, and vitals are collected.
Arraignment
The arraignment hearing is when a suspect is brought before a judge for the first time. Once in court, the defendant is informed about the charges against them and asked to enter a plea. At the arraignment you will enter a plea of “not guilty” or “guilty.” It is vital that you have an experienced and skilled criminal defense attorney with you at your arraignment.
In Arizona misdemeanor cases a person is typically given a citation with a future court date (arraignment) and then released. For felony charges, the person is taken before a judge within 24 hours of being arrested for their initial appearance where the judge will decide if the person is released on their own recognizance, held until a bond is paid, or in rare cases, held without a bond. The issue of bonds is governed by the Arizona Rules of Criminal Procedure.
Discovery, Case Investigation, Pleas and Plea Bargaining
After the persons arraignment, the next step in the criminal case process is collecting the State’s evidence, investigating for possible constitutional and factual issues. Once your criminal defense attorney completes their investigation, the process of negotiating a possible plea takes place. The purpose of plea negotiations is to see if the case can be resolved without the case proceeding to trial. It is again vital to have an experienced and aggressive attorney on your side during this process to get you the best possible result.
Pre-trial Motions and Hearings
Prior to trial, any pretrial motions challenging the State’s evidence will be filed and argued at a hearing. These motions could include possible constitutional issues surrounding the conduct of the police during their investigation, the collection of evidence, and other issues.
Trial
Depending on your case’s specifics, you may have the right to choose between having a bench trial or a jury trial. If you decide to take your case to trial, ensure you have a skilled defense attorney by your side. An attorney can advise you on which type of trial is best for you, and what type of trial you could have the right to depending on the charges. Also, trials can be complicated, so you don’t want to go at it alone.
Sentencing
If convicted at trial, or after accepting and entering a plea, sentencing follows. Sentences can include, among others, prison time, fines, probation, or community service.
Appeal
Finally, after a defendant is convicted, they can petition a higher court to reverse the decision. The appeals process requires experience and skills, so it’s best to work with an attorney.
Contact an Arizona Criminal Defense Attorney Today at (480) 582-3637!
After an arrest, do not hesitate to contact our skilled and dedicated at Oliverson Law DUI & Criminal Defense and get the help of a former police officer, prosecutor, and judge today! You can reach us 24/7 at (480) 582-3637.
An aggressive attorney plays a critical role in defending clients in domestic violence cases. They strive for justice while ensuring the best possible outcomes.
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Can I get a free consultation with a criminal defense lawyer near me?
You can get a free consultation with a criminal defense lawyer near you. Many law firms, including Oliverson Law, offer complimentary consultations to discuss your case and outline potential legal options.
What is the role of a criminal defense lawyer near me?
The role of a criminal defense lawyer near you is to provide legal representation and guidance for individuals facing criminal charges, ensuring their rights are protected, advocating for favorable outcomes, and navigating the complexities of the legal system.
What are the benefits of hiring a local DUI defense lawyer?
The benefits of hiring a local DUI defense lawyer include their in-depth knowledge of Arizona laws, familiarity with local courts and judges, and the ability to build a tailored defense strategy based on the specifics of your case.
What are the qualities of a good criminal defense lawyer near me?
The qualities of a good criminal defense lawyer near you include extensive legal experience, a strong understanding of local laws, excellent communication skills, a proven track record of successful outcomes, and a commitment to protecting clients' rights and interests.
How do I find a DUI defense lawyer near my location?
To find a DUI defense lawyer near your location, search online legal directories, check local bar association referrals, or look for client reviews on law firm websites. Additionally, consider reaching out to friends or family for recommendations.
How do I find a good criminal defense lawyer near me?
Finding a good criminal defense lawyer near you involves researching local attorneys, checking reviews and testimonials, and evaluating their experience with specific criminal charges. Schedule consultations to assess their approach and expertise.
How do I choose the best criminal defense lawyer near me?
Choosing the best criminal defense lawyer near you involves researching their experience, specialization in criminal law, client reviews, and success rates in similar cases. Schedule consultations to assess their communication style and approach to your specific legal needs.
Do I need a DUI defense lawyer for a first-time offense?
The necessity of a DUI defense lawyer for a first-time offense is essential. An experienced attorney can navigate the legal system, advocate for your rights, and potentially mitigate consequences, ensuring the best outcome for your situation.
Can a DUI defense lawyer help me keep my license?
A DUI defense lawyer can assist you in retaining your license. They can navigate the legal process, challenge evidence, and potentially negotiate alternatives to suspension, helping protect your driving privileges.
What are the benefits of hiring a criminal defense lawyer?
The benefits of hiring a criminal defense lawyer are substantial, as they provide expert legal representation, navigate the complexities of the justice system, and work to secure the best possible outcomes for your case, safeguarding your rights throughout the process.
What is the role of a criminal defense lawyer in court?
The role of a criminal defense lawyer in court is to represent and advocate for individuals accused of crimes, ensuring their legal rights are protected, presenting evidence, negotiating plea deals, and striving for the best possible outcome in their cases.
Can a criminal defense lawyer help with plea bargaining?
A criminal defense lawyer can significantly assist with plea bargaining. They leverage their legal expertise to negotiate favorable terms and ensure that clients understand the implications, ultimately striving for the best possible outcome in their case.
What are the qualities of a successful criminal defense lawyer?
The qualities of a successful criminal defense lawyer include strong analytical skills, effective communication, a deep understanding of the law, and a commitment to client advocacy. These traits enable them to formulate effective defense strategies and achieve optimal outcomes for their clients.
What are the benefits of hiring a local criminal defense lawyer near me?
The benefits of hiring a local criminal defense lawyer include their in-depth knowledge of local laws and court procedures, which can significantly influence case outcomes. They also have established relationships with local judges and prosecutors, potentially aiding in more favorable negotiations.
What can I expect during my consultation?
During your consultation, you can expect a thorough discussion of your case, where our experienced attorneys will assess the details of your situation, answer your questions, and outline potential strategies to achieve the best outcome for you.
How long does a DUI case take?
The duration of a DUI case can vary significantly based on factors such as the complexity of the case and court schedules, but generally, it can take anywhere from a few months to over a year to resolve.
What should I prepare for my consultation?
Preparing for your consultation involves gathering relevant documents, such as any police reports, court documents, and a list of questions or concerns you wish to address. This will help ensure a productive discussion about your case.
What is the process for hiring a lawyer?
The process for hiring a lawyer involves researching potential candidates, arranging consultations to discuss your case, evaluating their experience and approach, and finally signing a retainer agreement to secure their representation.
What strategies do lawyers use for DUI cases?
Lawyers use various strategies for DUI cases, including challenging the legality of the traffic stop, questioning evidence reliability, negotiating plea deals, and leveraging expert testimonials to create reasonable doubt about the client’s impairment.
How often should I communicate with my lawyer?
The frequency of communication with your lawyer should be based on your case's complexity and development. It's essential to maintain regular updates, typically checking in at least once a week or as significant events arise.
What types of charges can a lawyer contest?
Lawyers can contest a wide range of criminal charges, including DUI offenses, drug crimes, assault, theft, domestic violence, and more. Each case varies based on specifics, allowing for strategic defense approaches tailored to the situation.
Are there payment options for legal services?
Payment options for legal services are available at Oliverson Law. We offer flexible plans to accommodate various financial situations, ensuring you receive the quality defense you need without added stress.
How do I know if a lawyer is qualified?
Determining if a lawyer is qualified involves checking their education, experience in specific legal areas, licenses, and any relevant accolades or certifications. Additionally, reading client reviews and testimonials can provide insight into their effectiveness and reputation.
What happens if I cant afford a lawyer?
If you can't afford a lawyer, you may be eligible for legal aid services or public defenders that provide representation at little or no cost. It’s important to seek assistance promptly to ensure your rights are protected.
How does a lawyer build a defense strategy?
A lawyer builds a defense strategy by thoroughly investigating the case, analyzing evidence, identifying legal precedents, and considering client interests to construct a tailored approach that aims for the best possible outcome in court.
What should I look for in a defense attorney?
What to look for in a defense attorney includes their experience in criminal law, successful case history, communication skills, and a strong reputation. Ensure they understand your specific needs and provide personalized attention throughout your case.
Can previous convictions affect my case outcome?
Previous convictions can significantly affect your case outcome. They may lead to harsher penalties, affect plea negotiations, and influence a judge's or jury's perception during trial. It's essential to discuss your specific situation with an experienced attorney.
What are common defenses against DUI charges?
Common defenses against DUI charges include challenging the legality of the traffic stop, questioning the accuracy of breathalyzer or field sobriety tests, and arguing diminished capacity due to medical conditions or medications.
How do local laws impact my defense?
Local laws significantly impact your defense strategy. Each jurisdiction has unique regulations and penalties, which can influence case outcomes, available defenses, and plea negotiations. Understanding these local nuances is crucial for effective representation and achieving the best results.
What happens if I lose my case?
If you lose your case, the consequences can vary depending on the charges, but you may face penalties such as fines, probation, or imprisonment. It's essential to discuss your options with your attorney for possible appeals or alternative solutions.
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