April 2011 Archives

April 29, 2011

If you were arrested for an AZ DUI arrest based on your BAC results, does not automatically mean you will be convicted. Good Phoenix DUI attorneys may be able to use the blood test evidence to defend you, and get your charges dismissed.

DUI charges in Phoenix based on Blood Test Results
If you were charged with an AZ DUI in Phoenix based upon your BAC levels from blood test results, you should contact a DUI lawyer or criminal defense attorney who defends DUI charges in Phoenix AZ as soon as possible. The best DUI lawyers in Arizona may be able to find good reasons to challenge the same blood test results to defend your DUI charges. This is done when your DUI defense attorney finds violations and errors in conducting the blood test; processing the results; failure of police to follow prescribed rules of testing, analysis, preservation, or transport. Often your criminal defense attorney can educate the prosecution on the facts, and challenge the blood evidence. This often leads to suppression of that evidence and total dismissal of your DUI charges.

Blood Testing for a DUI Stop
A driver who is stopped in Phoenix AZ for suspicion of drunk driving does not get a choice as to what test the police will conduct. The officer has discretion of using any of three options: Blood, Breath, or Urine testing. Below are some reasons why the police officer may use a blood test as the preferred method of choice:

1) The driver refused to take a breath test. In this event the officer can obtain a court order from an on-duty judge to draw the driver's blood samples.
2) Some circumstances, if they exist, may cause the driver an unfavorable candidate for a breathalyzer test. For example, if the driver had been vomiting, or belching, it could adversely affect the accuracy of breathalyzer test results.
3) The breathalyzer test was conducted first, and the results were negative for alcohol. However, the police had reason to suspect you were driving impaired. Therefore, they decide to conduct a blood test to determine if there are drugs, chemicals or other toxins that caused the impaired driving.
4) An auto accident was involved; and the suspected drunk driver was either unconscious or otherwise incapable of participating in a breathalyzer test due to severity of their injuries.

AZ DUI Laws - DUI Blood Tests
It is common in Phoenix AZ for the police officer to personally draw the blood sample. However, they must be properly trained phlebotomy to conduct the DUI blood test. Many police departments send officers to get certified.

When the blood is drawn the police should draw a second sample for you to give to your DUI defense Attorney. They then send the sample to their crime lab for processing using a gas chromatograph. The turnaround time is on average 2 to 8 weeks for the crime lab to return the results. The criminal defense attorney has the opportunity to have the blood retested at an independent lab. The defense attorney then examines the processes that took place and compares results against the prosecutions.

The Arizona courts have upheld the legality of a police officer drawing the blood sample as long as they have been properly trained and certified as phlebotomists for this purpose. Strict guidelines apply to conducting, storage, and transport of the blood sample, the blood kits storage; blood kit expiration dates; avoidance of exposure to extreme heat or cold temperatures of their blood kits; chemicals used to clean the driver's arm before the blood is taken. All of these factors are critical to making sure the blood results are accurate.

DUI Lawyers for Phoenix DUI - Using Blood Results for AZ DUI Defense
During your initial consultation with a Phoenix DUI Attorney, ask if they intend to retest the blood. If so, ask who will be responsible for paying the fee to retest the blood sample. Blood testing in Arizona from an independent lab costs on average $250.00. Many AZ DUI lawyers will take care of that fee as a courtesy to the client. Many blood retests can lead to dismissal of your DUI charges. So even if the Phoenix DUI defense attorney you select does not pay the fee for you, it is well worth the cost to pay for the blood retest. It is very unwise to forfeit the opportunity to have your attorney get the blood retested; examine the process that took place, and compare results. Too many DUI charges have been dismissed due to the challenging of blood results, for it to be ignored. Top criminal defense attorneys in Arizona often find flaws and errors in blood testing and processing; present compelling arguments and challenge the blood test result violations that can lead to a total case dismissal.

Continue reading "DUI Blood Tests: Reasons why police decide to get DUI blood test evidence" »

April 27, 2011

Defense strategies used by the best Arizona criminal attorneys who defend felony theft charges in Chandler AZ.

Felony Theft Charges Chandler AZ
Put simply, theft is the illegal act of taking or using someone else's property or services without their permission, consent or payment. In Arizona, you can be charged with "theft" if you accept or receive property that you know was stolen before you purchased it. It does not matter if you paid a fair price for the property or not.

If you face felony theft charges in Chandler AZ you should consult a criminal attorney who defends charges in Chandler AZ. Felony theft convictions carry serious penalties including incarceration, adverse life altering consequences, and a felony on your criminal record. Arizona felony theft charges include but are not limited to the following:
• Theft of an auto, auto engine, or auto transmission
• Grand theft
• Larceny
• Grand Larceny
• Forgery
• Possession of a forgery device
• Money laundering
• Theft of firearms (regardless of value)
• Burglary
• Armed Robbery
• Carjacking
• Animals Stolen for the intent of use for fighting (regardless of value)
• Fraud and Schemes

In Arizona, stolen property or services greater than $1,000.00 in monetary value is a felony. The exceptions are related to theft of firearms or animals stolen for use in fighting. In those cases, Arizona laws classify these offenses felonies regardless of the amounts.

Arizona Theft Laws
Theft laws in Chandler AZ fall under Arizona State Laws. AZ theft laws can be found under A.R.S. 13-1801 and A.R.S. 13-1802 and can be found at the azleg.state.az.
In order for a defendant to be convicted of felony theft charges, in Chandler Arizona, the prosecution must prove that the defendant, "knowingly" and "intentionally" committed the theft. This can not always be proved by the prosecution. As a result this is an issue that experienced criminal lawyers challenge to defend felony theft charges.

If you purchased or possess property that you did not know was stolen when you purchased it, and felt you rightfully purchased or took possession of it, your criminal defense attorney will challenge the charges with due diligence. It will be an uphill battle for the prosecution to convict you of felony theft charges in that event. Such a scenario can happen to anyone.

Felony Theft Penalties Chandler AZ
Felony Theft Penalties are based on the classification of the felony charged. These felony theft classifications are based on the dollar amount or value of the alleged stolen property or service. Other factors the judge considers when sentencing felony theft convictions are the number and nature of items stolen; the manner in which they were taken; prior criminal record; first time or repeat offense; and other factors surrounding the felony theft incident (s). .

Penalties for Chandler AZ felony theft charges are harsh. They may include prison or jail sentences, fines, restitution, community service, counseling, supervised probation and more. The judge has the authority to order additional penalties they feel are appropriate based on the circumstances.

If the stolen property or service's value equals $100,000.00 or greater, defendants will not be eligible for suspended sentencing, probation, pardons or release from incarceration except as pursuant to terms under section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

Criminal Defense Attorney Chandler AZ
If arrested or charged with in Chandler AZ for felony theft charges you should consult a Chandler AZ criminal attorney as soon as possible. The best Chandler AZ criminal attorneys agree that you should retain legal representation from as a private practice criminal defense firm or criminal defense attorney who defends Chandler AZ for felony theft charges. They will guide you through the Arizona criminal justice system, and build a solid defense on your behalf. Hiring a qualified private practice Chandler AZ criminal lawyer will increase your chances significantly of getting felony theft charges dismissed, reduced or an otherwise good outcome in your case.

Continue reading "Types of theft offenses that are charged as Felonies" »

April 25, 2011

Defense strategies used by the best Tempe criminal attorneys to challenge felony theft charges.

Felony Theft Charges Tempe AZ
A theft charge in general, is the illegal act of taking or using another's property or service without permission, consent or payment. Many people do not realize that in Arizona it is also considered "theft" for someone to accept or receive property that they know was stolen, even if it was stolen by another person.

If you face felony theft charges in Tempe AZ it is important that you contact a criminal attorney who defends charges in Tempe AZ. Felony theft convictions carry serious penalties including extended prison or jail sentences, fines, mandatory restitution among other penalties the court order in your case. For almost every offense, there are defenses that good criminal defense attorneys can use to defend your Tempe felony charges. Arizona felony theft charges include but are not limited to the following:

• Auto, engine, or transmission theft
• Grand theft
• Larceny
• Gran Larceny
• Forgery
• Possession of a forgery device
• Money laundering
• Theft of firearms
• Burglary
• Armed Robbery
• Carjacking
• Animals Stolen for the intent of use for fighting
• Fraud and Schemes

In Arizona, any stolen property or service exceeding the value of $1,000.00 is a felony. The exceptions are related to theft of firearms or animals stolen for use in fighting. In those cases, Arizona laws classify these offenses felonies regardless of the amounts.

Arizona Theft Laws
Theft laws in Tempe AZ are governed by the Arizona State Laws that govern theft which are found A.R.S. 13-1801 and A.R.S. 13-1802 and can be found at the azleg.state.az. Arizona Revised Statutes website.

In order to convict a defendant for felony theft charges, under the Arizona Laws, the prosecution must be able to prove that the defendant, "knowingly" and "intentionally" committed the act that led to the theft charges. This is often an area that experienced criminal lawyers challenge in defending felony theft charges. If a person purchased or possesses property for which they were not aware was stolen, it will be challenged by their Tempe criminal defense attorney. If successful, it will be difficult for the prosecution to convict the defendant of their Tempe Felony Theft charges. You often hear of this relating to such stolen and resold property such as valuable paintings, vehicles, electronics, jewelry and the like.

Felony Theft Penalties Tempe AZ
Felony Theft Penalties are based on the class of felony for which the charge is considered. Felony theft classifications are based on based on the dollar amounts or values of the alleged stolen property or service. Other factors the judge considers when sentencing felony theft convictions are the number and nature of items stolen; the manner in which they were taken; prior criminal record; first time or repeat offense; and other factors surrounding the felony theft incident(s).

Penalties for Tempe felony theft charges are harsh. They may include prison or jail sentences, fines, restitution, community service, counseling, supervised probation and more. Every case will be considered on its own merits and set of facts.

If the stolen property or service's value equals $100,000.00 or greater, defendants will not be eligible for suspended sentencing, probation, pardons or release from incarceration except as pursuant to terms under section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

Criminal Defense Attorney Tempe AZ
Tempe felony theft charges are serious offenses with serious penalties. It is important to consult a Tempe criminal attorney as soon as possible, if you are under investigation, have received charges or been arrested for felony theft charges in Tempe AZ. Due to the severity of these charges in Arizona, it is highly recommended by the best criminal defense attorneys in Arizona, that you obtain proper legal representation such as a private practice criminal defense attorney who defends Tempe felony theft charges. They will guide you through the Arizona criminal justice system, and build the most effective defense possible. Hiring a qualified private practice Tempe criminal lawyer is your only real chance of getting felony theft charges dismissed, reduced or an otherwise good outcome in your case.

Continue reading "Arizona Theft Laws: Factors that raise a theft crimes to a Felony Theft offense" »

April 21, 2011

What Experienced Tempe Criminal Attorneys Can Do to Get Your Release Conditions Modified (Pre-trial)

After your Tempe arrest and detention you will have an initial appearance before the Tempe Court Judge. The Tempe Court judge will advise you of your pre-trial release conditions. They will let you know if and upon what conditions your release will be allowed. For example, whether or not you are bondable, what if any amount of bail needs to be posted, and whether or not you can be released from custody. The judge looks at many factors before making this decision including classification of the charge such as o, misdemeanor or felony, severity of the crime, if the charges involved a violent crime, your past criminal record if any, whether or not you are a potential "flight risk", and many other factors. The goal of the court is to secure your appearance for future court dates or trial.

If your release conditions seem to be harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney. A good Tempe criminal attorney will immediately file a motion to request modification of your pre-trial release conditions. This can be done while you are in custody. Either you or someone on your behalf can consult a Tempe criminal defense lawyer to discuss your charges, defense options, and services of your Attorney's request to modify your pre-trial release conditions from custody in Tempe AZ.

Modifications your attorney requests depends upon what release conditions were ordered by the judge. Some modifications your Tempe Criminal Attorney may request include but are not limited to lowering the bail bond to a reasonable amount; allowing you to be released on your own recognizance; allow an appearance bail, or allow you to be released to another responsible entity's custody, home confinement with ankle bracelet security, and other more favorable conditions than initially ordered by the Tempe Court.

When you meet with your Attorney who will be defending your criminal charges and requesting modification of your release conditions, be sure you communicate in detail your concerns about the initial orders and how they will impact you, your family, your job, your financial situation. Your attorney will then formulate compelling arguments and file the appropriate motions with the Tempe court on your behalf.

Continue reading "How to Get Pre-Trial Release Conditions Modified" »

April 19, 2011

Regardless of how bad things seem, for every criminal offense, there are defenses that can be used by good criminal attorneys to defend you.

In Arizona robbery is a considered class 4 Felony as defined by Arizona criminal law A.R.S. 13-1902 charged or arrested for this offense in Arizona, you will need to retain a good felony defense attorney in Arizona, for legal representation. Robbery sentencing is so severe, that the best criminal defense attorneys agree you should almost always plead "not-guilty" and retain professional services of a qualified Arizona criminal defense attorney.

Felony Charges for Robbery in Arizona
An offense in Arizona will be charged as a robbery under Arizona law criminal law A.R.S. 13-1902 in the following situations:

1. The taking of someone's property; and
2. The offense took place while the presence of the owner, or a permissive user or authorized party overseeing the property (for example a sales representative at a convenient store);
3. The property was taken forcefully taken against the owner's or authorized person's will;
4. The accused threatened to, or actually used force, against the owner or custodian of the property in order to intentionally coerce the owner or authorized person to surrender the property to the accused.

Robbery Sentencing
Robbery sentencing for a robbery conviction in Arizona may expose you to prison sentences not to exceed 3.75 years or an extended jail sentence up to one year. The Judge will usually include fines, restitution for the victim's property losses and medical bills, extended supervised probation, mandatory treatment and counseling, and other punishments the Judge feels is necessary based on circumstances of the charges and conviction. Other factors the judge will take into account include past criminal record, first time or repeat offense, manner in which the robbery occurred, if any injury occurred to the victim, value and number of items taken, and nature of the robbery. The judge has discretion to increase penalties depending on all of these factors.

Robbery Attorney - Criminal Defense for Robbery
Arizona takes a tough stance on robbery charges. You will need a strong defense for this serious offense. A conviction can be devastating, and adversely life altering. Your future your freedom, a felony on your record, and more are at stake, if convicted. Regardless of how bad things seem to your right now, keep in mind that for every criminal offense, there are defenses. You have a right to retain effective defense counsel or criminal defense representation. It is a necessity in this case. Failure to hire an experienced private practice criminal attorney in Arizona will almost always result in a conviction. A good Arizona criminal attorney or criminal defense law firm in Arizona will make sure your rights are protected, treated fairly, and build a strong defense case on your behalf. Be sure to contact an attorney who has a great deal of experience in defending robbery charges in the jurisdiction for which you were arrested or charged.

Continue reading "Robbery laws and sentencing guidelines" »

April 14, 2011

A good AZ DUI lawyer may be able to challenge blood test results leading to suppression of evidence and a dismissal of your AZ DUI charges.

AZ DUI with Blood Test
If you were arrested for drunk driving in Arizona due to blood test evidence, you should you need to consult an Arizona DUI lawyer who is experienced at challenging blood test result evidence. The best AZ DUI defense lawyers often challenge the prosecutions blood test results taken by the AZ police and processed by their crime lab. In many cases your AZ DUI Attorney will detect flaws, errors, and defense issues regarding the blood test results. The police or personnel conducting the test may have failed to follow prescribed rules of testing, analysis, or preservation, storage, labeling of vials, transport or the processes for which the blood was drawn. Top Arizona DUI attorneys often recognize these violations. When that happens, it can become cause for your defense Attorney to challenge the blood test evidence. In many cases this weakness in the prosecution's case and leads to suppression of the evidence, and dismissal of your Arizona drunk driving charges. .

Blood Tests for Arizona Drunk Driving
The police officer decides what type of test will be conducted. Options are 1) breathalyzer machine, test 2) blood draw or 3) urine sample.
If the police officer has been properly trained and experienced in proper blood draw procedures involving phlebotomy for criminal investigation such as drunk driving or DUI with drugs, the Arizona courts have upheld the legality and approve the admittance of this evidence. Many police department around the state and sent their officers to classes to become certified.

The police will usually give you a second sample for your defense. If they do not, you should ask them at the time of the blood draw to obtain a sample for you. Then your AZ DUI defense attorney can have the blood retested by an independent lab, while the police send the first sample to the crime lab.

Challenging the Blood Test Results in Arizona

Common reasons to challenge blood tests include but are not limited to the following:
• Flaws with the blood kit used: Sample outside of expiration date; kit was not stored at properly sealed, packed and inspected, stored and maintained at proper temperatures.
• The blood sample vials were improperly labeled, creating questions as to whose blood sample it was drawn from; unauthorized personal labeled the sample.
• Blood sample tainted due to improper or unapproved cleaning agents used by the medical facility or police to prepare your arm for the blood draw.
• Blood draw, analysis, preservation and transport failed to follow required protocol leading to questions as to its accuracy
• Improper preservation of vials or vials used beyond expiration dates. .
• The police sent their sample to the hospital. The busy hospital did not follow police protocol required for prosecution. Hospitals are governed by different entities with different governing rules. They are not required to follow protocol for criminal prosecutions which include rules for chain of custody, proper training and credentials for recognition of tainting due to improper cleaning chemicals, and other rules.
• Police denied your request to take a second sample for your defense attorney. This is a violation of your rights to obtain objective evidence for the sake of accuracy in your defense,

If one or more of these violations or errors exist, your AZ DUI lawyer will recognize it, educate the prosecution and court; present compelling arguments; and file motions in your defense and weaknesses in the State's case against you. Top AZ DUI lawyers recognize what circumstances present the need to challenge blood results. In many cases this leads to suppression of the evidence on your behalf or a total dismissal of your AZ drunk driving charges.

Continue reading "DUI Blood Test Evidence: How to challenge your DUI blood test results" »

April 13, 2011

How Good Scottsdale Criminal Attorneys Can Help Your Get Your Release Conditions Modified (Pre-trial)

After your Scottsdale DUI or Criminal arrest and detention you will have an initial appearance before the Scottsdale Court Judge. The Scottsdale Court judge will read you your rights, formal charges, and advise you of your pre-trial release conditions. They will let you know if and upon what conditions your release will be allowed. The primary goals of the court is to secure a defendant's appearance for future court dates or trial, and to make sure their release does not pose a threat or harm to others. .

The Scottsdale Court takes into consider many factors in making g this decision including classification of the charge such as o, misdemeanor or felony, severity of the crime, if the charges involved a violent crime, your past criminal record if any, whether or not you are a potential "flight risk", and many other factors.

The release conditions should be commensurate with the criminal charge or reason for your arrest. If your release conditions seem to be harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney. A good Scottsdale criminal attorney will immediately file a motion to request modification of your pre-trial release conditions. This can be done while you are in custody. Either you or someone on your behalf can consult a Scottsdale criminal defense lawyer to discuss your charges, defense options, and services of your Attorney's request to modify your pre-trial release conditions from custody in Scottsdale AZ.

Modifications your attorney requests depends upon what release conditions were ordered by the judge. Some modifications your Scottsdale Criminal Attorney may request include but are not limited to lowering the bail bond to a reasonable amount; allowing you to be released on your own recognizance; allow an appearance bail, or allow you to be released to another responsible entity's custody, home confinement with ankle bracelet security, and other more favorable conditions than initially ordered by the Scottsdale Court Judge.

When you meet with your Attorney who will be defending your criminal charges and requesting modification of your release conditions, be sure you communicate in detail your concerns about the initial orders and how they will impact you, your family, your job, your financial situation. Your Scottsdale criminal defense attorney will immediately formulate compelling arguments and file the appropriate motions with the Scottsdale court on your behalf. Your chances of getting your pre-trial release conditions modified with the retention of a good criminal attorney who defends charges in Scottsdale frequently will greatly increase your chances of getting your release modified with more reasonable and favorable conditions for you.

Continue reading "Release Conditions: How to get Pre-trial Release Conditions Modified, if they are unreasonable" »

April 11, 2011

CHANDLER AZ CRIMINAL ATTORNEYS

If you face Chandler robbery charges you will have an uphill battle to a conviction unless you retain legal representation by a good private practice criminal attorney who defends Chandler robbery charges in Arizona.

Chandler AZ robbery charges are classified as Class 4 Felonies under Arizona criminal code A.R.S. 13-1902. If you face robbery charges in Chandler, AZ you will need to consult a good felony attorney who defends felony charges in Chandler AZ regularly. The best criminal lawyers in Arizona agree in most cases that it is prudent to initially plead "not guilty" and hire an experienced Arizona criminal attorney who defends Chandler AZ robbery charges to defend your case and defend your charge with a qualified AZ criminal attorney who defends Chandler AZ charges.

Felony Charges | Robbery | Chandler Arizona
A.R.S. 13-1902 State Laws for Robbery apply under the following circumstances (cited in part and paraphrased):
A. Someone else's property was stolen ; and
B. The owner or permissive caretaker, or other authorized party overseeing the property (such as a sales representative at a convenient store) was present at the time of this theft;
C. The property was stolen forcefully against the owner's or authorized person's will;
D. The accused intentionally used threat, intimidation, or force, against the owner or custodian of the property to gain control of it, causing the person or authorized party to surrender the property to them against their will.

Robbery Sentencing
Sentencing for conviction of Chandler robbery charges is severe. Sentencing may include incarceration with sentences not to exceed 3.75 years in Arizona State Prison; extended jail sentence for up to one year; restitution for the victim's medical bills, property damage, and stolen property; supervised probation; mandatory counseling; and a felony on your criminal record that will follow you for years. Other Factors the judge will consider before sentencing include the defendant's prior criminal record, repeat offenses, nature of robbery, monetary value and number of items stolen.

Robbery Attorney - Criminal Attorney Chandler AZ for Robbery Charges
Arizona pursues prosecution of Chandler AZ robbery charges aggressively and to the fullest extent of the law. To defend your Chandler robbery charges you will need a highly qualified criminal attorney to defend you. Only through with legal representation by an experienced criminal defense attorney will you increase your chances of avoiding a conviction, getting a case dismissal, reduced charges, reduced sentencing or other better outcome in your case. Be sure to hire a good felony defense attorney who defends Chandler AZ robbery charges frequently. A good criminal lawyer or defense firm will make sure your rights are not violated; you are treated fairly; and build and mount a strong defense case on your behalf.

Continue reading "Robbery Charges: Under Arizona law all robbery offenses are charged as felonies" »

April 7, 2011

How to Find best Scottsdale DUI lawyer to Defend Your Case

"Your decision could mean the difference between a criminal conviction and a dismissal of your charges."

Scottsdale AZ DUI charges are very serious offenses. The DUI laws in Arizona are extremely strict and harsh. Even a first time misdemeanor DUI conviction will cost you your freedom with jail time. You will need to hire an experienced and well qualified criminal defense or DUI defense attorney to defend you.

Here are some basic sources to start with and added tips to help you find the best attorney to defend you in Scottsdale court:

1) Search the internet. You can find just about anything you need and eaily get information about an attorney from their websites, review sites, and other sources on the web. .

2) Get a referral from a trusted family member, friend or neighbor

3) Check on line directory listings for Attorneys

4) Contact the Maricopa County Bar Association

5) Look for Attorneys who are licensed to practice in the State of Arizona and who defends Scottsdale DUI charges in the jurisdiction or municipality you where you were charged. Note, it does not matter where you reside, you need a defense attorney in the city, jurisdiction, county or state in which you were charged. In this case you would want a DUI or criminal Attorney who defends cases often in Scottsdale Court.

6) Once you find several attorneys you feel are qualified, contact them for a free consultation.

7) During your consultation, explain your charges and discuss your defense options and their fees.

8) During your consultation ask all the questions you can, to fill the voids you may not have learned on their website or through other services.

9) Compare fees of the attorneys you speak with. But use caution with how much weight you put on this. The most expensive attorneys many not provide you with the best defense. The least expensive attorneys many be some of the best DUI and criminal defense attorneys in the state of Arizona.

10) Comfort level and communication. You must feel comfortable and confident with your choice. If you feel they will not be accessible or have reservations about whether they will provide you with the best defense possible, then you should move on to consult another until you do.

Hiring a DUI or criminal defense attorney for your Scottsdale DUI charges is a big decision, not to be taken lightly. Your decision may mean the difference between a criminal conviction and a dismissal of your charges.

Continue reading "How to find an attorney to defend your criminal charges" »

April 5, 2011

How the Best Criminal Attorneys in Mesa AZ Defend Felony Theft Charges

If you face felony charges for theft in Mesa AZ you need to contact an Arizona Attorney who defends theft charges in Mesa AZ on a frequent basis. A criminal attorney in Mesa Arizona will be familiar with the AZ criminal justice system, Arizona Laws, and Theft defenses that can be used for Felony theft charges in Mesa AZ. Felony theft convictions carry severe punishments which expose you to extended prison or jail sentences, large fines, and restitution to the victim (s). There may be defenses available that if used effectively by a good Arizona criminal lawyer in Mesa can help you avoid the consequences of conviction.

Arizona Theft Defenses and Theft Laws in Arizona
Arizona theft laws are outline under A.R.S. 13-1801 and A.R.S. 13-1802 and can be reviewed in more detail at azleg.state.az website. Below are excerpts of the law cited in part from A.R.S. 13-1802. Theft; classification which reads in part as follows:
"A.R.S. 13-1802: A. A person commits theft if, without lawful authority, the person knowingly...: 1. Controls property of another with the intent to deprive the other person of such property... B. A person commits theft if, without lawful authority, the person knowingly takes control, title, use or management of a vulnerable adult's property while acting in a position of trust and confidence and with the intent to deprive the vulnerable adult of the property...."

Emphasis was placed by this author on the words "knowingly" and "intent". In order for the Arizona prosecution to get a conviction for Mesa AZ theft charges, they need to prove that you "knowingly" and "intentionally" committed a theft offense. This is not as easy to prove, especially if material evidence is being challenged by a good criminal defense firm in Mesa AZ. This is just one of many defenses an experienced private practice criminal defense attorney may use to build a winning defense for your felony charges. Depending on the facts, a good criminal lawyer in Mesa AZ will know what defenses to use based on the facts surrounding your case. .

Mesa AZ Criminal Attorney for Felony Defense
The best Arizona criminal lawyers who defend charges in Mesa AZ agree upon is in order to obtain any change of getting you're felony charges dismissed, reduced, or the good outcome in your case is to retain an experienced private practice Arizona criminal lawyer. A conviction of felony charges for theft or any other felony charges can be so adversely life altering that in many cases you have no choice but to defend your charges. Good Criminal Defense Attorneys will guide you through the criminal law processes; and recognize every opportunity to strengthen your defense, challenge and suppress evidence against you, and weaken the prosecution's case. Early retention of a good Mesa AZ criminal lawyer enables your Arizona defense firm to build and mount a strong defense in an effort to gain the most successful outcome in your case.

Continue reading "Theft: What is the definition of "Theft"?" »

April 1, 2011

How Top Rated Maricopa County AZ Criminal Defense Attorneys Get Your Release Conditions Modified (Pre-trial)

After your Maricopa County DUI or Criminal arrest and detention you will be required to have an initial appearance before that particular court in Maricopa County. The Maricopa County judge will read you your rights, formal charges, and advise you of your pre-trial release conditions. The primary purposes of court in setting release conditions is to 1) secure a defendant's appearance for future court dates or trial, 2) and to make sure the defendant's release does not pose a threat or harm to others in the community.

The Maricopa County Court Judge takes into account many factors in making this decision including classification of the charge such as a misdemeanor or felony; severity and nature of the charges; if the charges involved a violent crime; your past criminal record if any; whether or not you are a potential "flight risk"; along with other standard release conditions and factors.

The release conditions should be commensurate with the criminal charge. The release conditions should not be unjust or unreasonable based on the crime you are accused of committing. For example, if a financially burdened defendant, with no prior criminal record was accused of shoplifting milk and a loaf of bread, without any weapons or threat of harm to anyone in the store; it would be outrageous for the judge to require him to post a $950,000.00 bail bond in order to be released from custody (truly outrageous...but just to make the point). If the release conditions seem overly harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney.

An experienced private criminal defense attorney who defends charges regularly in Maricopa County Courts will immediately file a motion to request modification of your pre-trial release conditions. This can be done immediately while you are in custody. Either you or someone on your behalf can consult a Maricopa County criminal defense lawyer to discuss the charges, defense options, and services your Attorney can provide involving a request to modify your pre-trial release conditions from Maricopa County police custody. This legal defense service by your private attorney is usually done as part of the entire retention and formal defense process.

Examples of modifications your Maricopa County criminal defense Attorney may request include but are not limited to lowering the bail bond to a reasonable amount; allowing you to be released on your own recognizance; allow an appearance bail, or allow you to be released to another responsible entity's custody (for example a minor being released to the parents of the minor) home confinement with ankle bracelet security, and other more favorable conditions than initially ordered by the Maricopa County Court Judge.

When you discuss your case and initial release conditions with your Maricopa County Criminal or DUI Defense Attorney, be sure you communicate your concerns about the initial orders and how they will impact you, your family, your job, your financial situation. Your Maricopa County criminal defense attorney will immediately formulate compelling arguments and file the appropriate motions with the Maricopa County court on your behalf, in most cases while you are still in custody if you have retained them formally for legal representation.

Your chances of getting your pre-trial release conditions modified with the retention of a good private practice criminal attorney who defends charges in Maricopa County frequently significantly increase in your favor.

Continue reading "What you can do when pre-trial release conditions are too harsh" »