1. Experience, Experience, Experience. You want to know how much experience the DUI Lawyer handling your case has; not the law firm “accumulatively”. The “accumulation” won’t be defending you. In most cases it will be one individual lawyer;

2. Communication: Good trial lawyers are good listeners; they know that your freedom and future are at stake. They know that many winning cases are due to issues challenged that were hidden in the “details”; and you can trust, they don’t miss any, details that is;

3. Compelling: Experienced trial lawyers are persuasive and articulate; They are able to tailor, build and present compelling arguments in your defense. If effective, they can sometimes influence the prosecution, a jury, and the judge when necessary; It’s far better to have a compelling attorney present a good argument, than to have an unconvincing attorney present a great argument;

4. Court Room & Trial Defense: hundreds, or better, thousands of hours in past litigation;

5. Former Prosecutors: They get a vast amount of trial experience in many types of criminal cases.

6. The ability to correctly interpret the law and defenses that if used, may lead to suppression of evidence or a dismissal of charges based on the facts of the case;

7. They carefully tailor and build each client’s defense strategically based on the evidence and facts surrounding the charges; They understand that “one size fits all” does not apply in DUI and criminal defense cases and that every case is unique;

8. They never file frivolous motions: An attorney who chronically files frivolous motions loses all credibility and respect of the judges and prosecution in the courts for which they appear frequently;

9. They never under estimate the power and effectiveness of filing early and justified defense motions.

These often involve filing defense motions related to procedural, legislative, or constitutional issues such as

1). The defendant is being prosecuted in the wrong jurisdiction;

2). time limit to prosecute or formally charge someone with a particular crime has expired under constitutional limitations; or

3) Speedy Trial Rights were violated. In some cases the charges will be dropped permanently In others, they can be brought again depending on the circumstances.

10. They defend cases in Gilbert AZ Criminal and Gilbert DUI Courts frequently: They are respected by the police, prosecutors, and judges, they are very familiar with standard court procedures and protocol; easily remembered as “home Court advantage”;

11. They have the ability to understand, interpret, and explain complex issues of AZ criminal law into simple terms to those necessary including a jury if needed;

12. They are passionate and dedicated to their client’s defense and obtaining the most favorable outcome on their behalf; They make sure defendants are treated fairly, and their constitutional rights are protected, under Federal and Arizona laws;

13. They make the time needed to tailor, build, and present compelling arguments in the client’s defense based on the evidence and facts of the case;

14. They conduct their own defense investigations, concurrently with the prosecution building theirs;

15. They exhaust all avenues available to get the best outcome in their clients including dismissals (partial or complete); negotiating for a better outcome, including leniency in penalties; or alternatives to harsh and unwarranted sentencing such as incarceration.

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Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm Serving Tempe, Mesa, Chandler, Gilbert, Scottsdale, & Phoenix AZ For a Free Consultation call (480) 413-1499 Today!

Gilbert AZ Criminal & DUI Defense for Your Arraignment

One of the main purposes of your Arraignment date is to inform the court of how you wish to “plea”. It is never a good idea to plead “guilty” to any crime or DUI at your arraignment, before consulting a DUI or criminal defense attorney, but especially not in Arizona. Arizona has some of the toughest DUI laws and most severe DUI DWI Drunk Driving penalties in the country if convicted. A good DUI attorney will defend you, and may be able to use certain defenses that you were not aware of which could lead to a reduction or dismissal of your DUI charges.

Your Arraignment Location

For criminal DUI charges in Gilbert, you will be given a complaint (if in custody) or summons (if not in custody). This document will include information concerning location, date and time you are required to appear for your next court date. The court location you will be required to appear is based on the nature of the charges, and jurisdiction where you were charged. Most felonies are heard in Superior Court. Most misdemeanors are held in Justice Courts. However, some felonies can initially begin in a lower court such as justice court.

Criminal or DUI Arraignment in Gilbert Court

The court date that appears on your complaint is called your “Arraignment Date”. If you have not retained a DUI defense lawyer you must appear as the scheduled date and time. If you fail to appear or even in some cases, if you are late, a bench warrant may be issued for your arrest A.R.S. 13-2506 & A.R.S. 13-2507. If you have retained legal defense your DUI defense lawyer will give you further instructions. In many cases your defense attorney can vacate the first court date, through alternative legal channels so you do not have to appear in person.

What to Expect at Your DUI Arraignment in Gilbert Court

On your arraignment date, you will inform the court of how you wish to plea. In addition, the Judge and Court will confirm your current identity and contact information; explain your rights; read formal charges against you; advise you of the range of potential sentencing if convicted; and find out if you plan to retain an attorney to defend you for your Gilbert misdemeanor or felony DUI or criminal charge(s).

Pleas that can be entered at a criminal or DUI Arraignment

There are three possible pleas to a criminal charge and listed in brief below: “Not Guilty” – This means that you are denying guilt and the burden of proof is with the state of AZ to prove guilt of the DUI or criminal charge against you. In the Gilbert Court, the state is represented by the Gilbert prosecutor’s office. If you enter a plea of not guilty on your arraignment date, the Judge will set your case for either a pre-trial conference or a formal trial date.

“Guilty” – You admit that you committed the act charged in the complaint(s), that the act is prohibited by law and that you have no legal defense for your act. For Misdemeanor charges, the Gilbert AZ Court judge will proceed with your sentencing at that time. For felonies, the judge will schedule a future court date for sentencing. “No Contest” – This you do not admit guilt but that you also do not wish to challenge the charges or evidence at a trial and will accept the conviction, sentencing and punishments of the charge (without admitting guilt). The judge will proceed with your sentencing at this time.

DUI Attorney in Gilbert Arizona

In the least you should consult an experienced Arizona Criminal Defense Lawyer or Arizona DUI Attorney. Most Arizona criminal defense law firms provide free initial confidential consultations. You have nothing to lose by consulting a DUI defense attorney to discuss your Gilbert AZ charges, potential penalties, and defense options. Your best chance at getting your Gilbert DUI charges dismissed are by retaining legal representation from a DUI attorney who defends DUI cases frequently in Gilbert Court.

An experienced Gilbert DUI lawyer put themselves between you and the Gilbert prosecution as a barrier to protect you for unintended self-incrimination; to make sure your are treated fairly; your rights are not violated; guide you through the Arizona criminal justice process; tailor and build a solid and effective defense on your behalf; look for other weaknesses in the prosecution’s case; and make every effort to get Gilbert Charges dismissed, reduced, or the otherwise best outcome in your case. *All Federal Laws, Arizona Laws, and Criminal Court Procedures are subject to change. You should contact an Arizona DUI lawyer for current information concerning DUI or criminal matters.

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 Defense Attorney and 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 DUI laws and penalties frequently change. If you have a criminal or DUI defense matter related to this topic, it is important that you consult or hire an Arizona criminal or AZ DUI lawyer in the jurisdiction or municipality of Arizona where you received your charges of up to date information