May 2011 Archives

May 27, 2011

Top AZ criminal defense and DUI lawyers agree that early retention is a major factor in getting your felony charges dismissed or other successful outcome in your case.

Arizona Felony Charges
If you face active AZ felony charges, you already know it is serious. Keep in mind, if you have just recently been arrested or charged, that it does not mean you were "convicted". There is a lot of room for challenging felonies. But you must hire a good AZ criminal defense lawyer to represent you. Arizona has some of the toughest penalties for felony convictions in the country. A conviction can expose you to harsh punishments such as lengthy jail time; life long prison terms; restitution; exorbitant fines; probation with interlock monitoring device (ankle bracelets); and a felony criminal record that will haunt you for years into the future. Your best chance at getting your case dismissed, or otherwise good outcome, is to retain a good Arizona criminal defense or AZ felony DUI lawyer.

Felony Classifications - AZ Felony DUI Laws | Felony Criminal Laws
Arizona Classifications can be found by at the Arizona Legislature Website under A.R.S 13-601, a under "Classification of offenses."
Basically, Arizona distinguishes felonies into 6 classifications: Class 1 through Class 6 with Class 1 being the most serious charges. Class 1 felonies usually involve violent crimes, or crimes involving use of a deadly weapon. All AZ felonies are serious. The severity of the sentencing is usually commensurate with the severity of crime. These are detailed at A.R.S. 13-701. Sentence of imprisonment for felony; presentence report; aggravating and mitigating factors; consecutive terms of imprisonment; definition,. Even the lesser of felony penalties can overwhelmingly effect your life, including your freedom, future, driving privileges, current job, or ability to obtain a future job, credit and more. This is true even for or a Class 6 felony, and should be taken very seriously.
Each class has a minimum and maximum range. If convicted of a felony in Arizona, the judge decides what punishments within that range are will to apply. But they also have authority to order more serious penalties and sometimes lesser penalties outside of the minimums and maximums. The judge considers many factors in making this decision including facts and nature of the crime, first time or repeat offender, and other criteria.

AZ Criminal Defense Lawyer for felony Charges
It is important that you hire a felony defense attorney who is 100% devoted to criminal and DUI defense. A good AZ criminal lawyer will make sure your rights are protected; conduct their own investigation; try to obtain exculpatory evidence (evidence in your favor); challenge evidence the prosecution plans to use against your; look for flaws or weaknesses in the prosecution's case; present compelling arguments about these issues; file defense motions on your behalf; and guide you through the processes of the Arizona criminal justice system; Good AZ felony defense lawyer will exhaust all avenues possible, to try to gain a dismissal of your felony charges, a reduction of charges and sentencing or the otherwise best outcome possible in your case.
The longer you wait to hire a private attorney, the more difficult it is for your felony criminal or DUI lawyer to build a winning defense. Top AZ criminal defense and DUI lawyers agree that early retention is a major factor in getting a successful outcome in your felony case.

Continue reading "Felony Classifications: How Felony offenses are classified" »

May 25, 2011

10 Ways Gilbert DUI Lawyers Defend Blood Alcohol Tests

DUI blood alcohol test results evidence can be challenged by your Gilbert DUI Attorney. In some cases, this can lead to a total dismissal of your Gilbert DUI charges

AZ DUI Law | Defending Blood Alcohol Content (BAC) Test
If you were charged with a DUI in Gilbert AZ based upon your DUI blood testing results, you should contact a Gilbert DUI lawyer as soon as possible. In many cases, your DUI defense attorney can challenge the prosecution's blood evidence. This may lead to suppression of that evidence and total dismissal of your DUI charges.

Here are at least 10 reasons your Gilbert AZ DUI lawyer might use to challenge the prosecution's evidence relating to your DUI blood test results:
1. Errors in the blood testing process occurred;
2. Police did not follow required protocol related to DUI blood alcohol testing, analysis, preservation, or transport;
3. The officer who conducted the blood test was did not have the credentials or proper training in phlebotomy and DUI blood testing;
4. The blood sample was retested by your DUI defense attorney and found to be largely different that the blood test results processed at the crime lab;
5. Due to improper labeling the blood sample belonged to someone else;
6. The blood sample container was not properly sealed for transport; for processing;
7. The expiration date of the DUI or Drug testing kit used by police had expired.
8. The DUI or drug blood testing kit used by police had been exposed to prolonged extreme Arizona heat due to improper storage.
9. The police had their blood sample processed at a local hospital. Most busy hospitals and medical facilities designed for medical testing and treatment for sick or injured patients s are usually not required to follow strict protocol for processing of criminal or DUI blood testing evidence.
10. The officer who conducted the test or arrested you for Gilbert DUI, refused or failed to give you a blood sample for your Gilbert DUI defense attorney. This is a violation of your constitutional rights.

Criminal Defense Attorneys - DUI in Gilbert AZ
When you consult a Gilbert DUI attorney to defend DUI charges, ask them if they intend to retest the blood sample. Good Gilbert DUI lawyers do this on every DUI defense case involving DUI blood testing results. Be sure to inquire who will be responsible for the blood retesting fees at defense retesting. The charge for this service is currently between $250.00 and $350.00. Many AZ DUI lawyers will factor the fee into your total defense cost. Some DUI attorneys in AZ take care of this cost as a courtesy. But if your DUI lawyer requires you to pay the fee on top of defense costs, it is well worth it, to pay to have it retested. Many AZ DUI charges have been dismissed because the tests were challenged successfully by a DUI defense firm. The best Gilbert criminal defense attorneys in AZ understand the importance of examining all the aspects of the DUI blood test results. If they find weaknesses or flaws in the prosecution's blood sample evidence, your DUI lawyer will educate the court and prosecution, present compelling arguments, which may lead to a total dismissal of your Gilbert DUI charges.

Continue reading "DUI Blood Test Results: Defenses for DUI Blood Alcohol Content (BAC) evidence" »

May 23, 2011

The best criminal Arizona criminal attorneys agree that your chances of getting a case dismissed, charges or sentencing reduced or otherwise best outcome in your case, is to hire a private practice criminal attorney to defend your Chandler AZ charges.

Felony Theft Charges Gilbert AZ
First, if you face felony theft charges in Gilbert AZ you should consult a criminal attorney who defends charges in Gilbert AZ. These are very serious charges and you will need the help of a private practice criminal attorney to help you defend these charges.
Theft is the act of illegally taking or using someone else's property or services without their payment, their permission, or their consent. 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.

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 felony theft charges can include a wide range of illegal activities including but not limited to the following:

• Theft of an auto, auto engine, or auto transmission;
• Grand theft;
• Taking items from a store or retailer without paying;
• Using services or property without mutual agreement of nonpayment;
• 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;

Arizona Theft Laws
Theft laws in Gilbert 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 to be convicted of felony theft charges, Arizona, the prosecution must prove that the defendant, "knowingly" and "intentionally" committed the theft. This is sometimes difficult for the prosecution to prove. As a result this is an issue that experienced criminal lawyers challenge to defend felony theft charges.

If you purchased or took possession of property in good faith with agreed upon payment from the seller, should you face a felony theft conviction which includes a prison sentence, a criminal record among other punishments? Most people think not. Your criminal defense attorney will challenge such felony theft charges with due diligence. It will be an uphill battle for the prosecution to convict you of felony theft charges in such event.

Felony Theft Penalties Gilbert AZ
Felony Theft Penalties are based on the classification of the criminal charges. The felony theft classifications are determined based on the dollar amount or value of the alleged stolen property or service. The judge also considers such factors as the number of items stolen, the nature of items stolen; the manner in which they were taken; prior criminal record; repeat offense; and other factors surrounding the felony theft charges.

Penalties for Gilbert AZ felony theft charge convictions include prison or jail sentences, fines, restitution, community service, counseling, supervised probation and more. The judge has the authority to order additional punishments based on the listed factors above.

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 Gilbert AZ
Your criminal defense attorney will guide you through the Arizona criminal justice system and processes. A good criminal attorney will begin working your case promptly to build a solid defense on your behalf. The best criminal Arizona criminal attorneys agree that your chances of getting a case dismissed, charges or sentencing reduced or otherwise best outcome in your case, is to hire a private practice criminal attorney to defend your Chandler AZ charges.

Continue reading "Felony Theft Laws: Factors that raise theft to felony theft charges" »

May 11, 2011

The best Phoenix criminal attorneys agree that failure to hire a good private practice Arizona defense attorney for AZ robbery charges is a fast track to conviction.

Arizona classifies robbery as a Class 4 Felony under Arizona State Criminal law Code A.R.S. 13-1902. If you are charged or arrested for this offense in Phoenix AZ you will need to retain a good AZ felony attorney who defends charges in Phoenix on a regular basis. Robbery sentencing is so severe, that most Arizona criminal attorneys agree you should almost always initially plead "not-guilty" and retain professional services of a good Arizona criminal defense attorney.

Felony Charges | Robbery Laws | Phoenix Arizona
An offense that falls within A.R.S. 13-1902 Robbery Charges is one that falls into the following categories:

A. Taking someone's property; and
B. In the presence of the owner, permissive caretaker, or other authorized party overseeing the property (such as a sales representative at a convenient store);
C. The property was taken forcefully against the owner's or authorized person's will;
D. The defendant threatened, or used force, against the owner or custodian of the property in order to intentionally gain control over the property, forcing the authorized person to surrender the property to them.

Robbery Sentencing
Sentencing for a robbery conviction in Arizona can include state prison sentences not to exceed 3.75 years or an extended jail sentence up to one year. Additional penalties can include fines, restitution for such things as the victim's property damage, stolen property. Other penalties the judge may order include extended probation, mandatory counseling, and anything else the judge feel is necessary based on the facts of the case. When determining the robbery sentencing in Arizona, the judge will consider, past criminal record, repeat offense issues, manner in which the robbery took place, 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 is relentless in pursuing convictions for defendants accused of robbery charges. If you face Phoenix robbery charges, you will need a strong criminal attorney to defend you if you wish to have any chance at getting a case dismissal, charge or sentencing reduction, or otherwise better outcome in your case than what a conviction or guilty verdict by a jury would bring.

Your situation may seem hopeless. But you can take control of your situation by hiring a good criminal defense attorney who defends cases in Phoenix AZ. Keep in mind, that for every criminal offense, there are defenses a good criminal lawyer can use to build your defense case. The best Phoenix criminal attorneys agree that failure to hire an experienced private practice criminal attorney in Arizona will almost always result in a conviction. A qualified criminal attorney or criminal defense law firm in Arizona will make sure your rights are not violated; that your are treated fairly; guide you through the criminal law process; and build and mount a strong defense case on your behalf. Be sure to contact an attorney who has a great deal of experience in defending Phoenix robbery charges.

Continue reading "Robbery Charges: Robbery Laws, Definition and Classification" »

May 3, 2011

How the best Arizona criminal attorneys defend felony theft charges. Find out one of the most important defenses used by experienced Scottsdale criminal lawyers.

Felony Theft Charges Scottsdale AZ
If you face felony theft charges in Scottsdale AZ it is important that you contact a criminal attorney who defends charges in Scottsdale 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 Scottsdale felony charges. Arizona felony theft charges include but are not limited to the following:

• Auto, engine, or transmission theft
• Theft of firearms
• Burglary
• Robbery
• Armed Robbery
• Carjacking
• Animals Stolen for the intent of use for fighting
• Certain Fraud and Schemes Forgery

In general, 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
If you received felony theft charges in Scottsdale AZ you will be subject to the Arizona Laws that govern theft which begin with A.R.S. 13-1801 and A.R.S. 13-1802 and can be found at the azleg.state.az. Arizona Revised Statutes website.
Under Arizona Theft laws the prosecution needs to prove that theft occurred through one or more of the following means:

1. Control with intent to deprive; or
2. Unauthorized use of property or services; or
3. Material Misrepresentation; or
4. Lost, mislaid, or improperly delivered property; or
5. Inference of theft from purchase or sale below market value; or
6. Inference of theft from purchase or sale outside regular course of business;

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 defense attorneys challenge in defending theft charges.

Felony Theft Penalties Scottsdale AZ
Felony Theft Penalties are determined based on classification of the felony. Felony theft classification is based on the dollar amount or value of the stolen property or service involved. Other factors considered in sentencing are the number of items stolen, the nature of the items, the manner in which the items or service were stolen, past criminal record of the defendant and other circumstances surrounding the felony theft charges.
Sentencing for an Arizona theft crime can be severe and include incarceration in state prison, jail, fines, restitution, community service, counseling, other punishments. Every case is evaluated based on its unique set of circumstances.

If the stolen property or service value is equivalent to $100,000.00 or more the defendants will not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as pursuant 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 Scottsdale AZ
Scottsdale felony theft charges are serious offenses. It is unwise to try to defend yourself without proper legal representation such as a private practice criminal attorney who defends Scottsdale felony theft charges frequently through the Arizona criminal justice system. The best criminal attorneys in Arizona who defend charges in Scottsdale agree that your only real chance of getting felony theft charges dismissed, reduced or an otherwise good outcome in your case is to hire a private practice criminal defense attorney.

Continue reading "What is Felony Theft?" »