It is a good idea to know your rights, before you are charged or arrested, for a DUI or crime in Maricopa County. Most of your basic criminal rights originate from three sources:
- You have criminal rights, most of which are provided to you under United States Constitution, known as your “Constitutional Rights”;
- You have criminal rights under the Arizona State Constitution as well as Arizona State Laws;
- You have criminal rights that some refer to as procedural or protocol rights related to the DUI or criminal charges filed against you. These rights generally apply in Arizona criminal courts.
Below are some of the most common rights that relate to criminal law, and the criminal justice system (list not all inclusive):
- The right to “an attorney” or legal defense (Miranda Rights);
- The right to “remain silent (Miranda Rights);
- The right to “due process” in order to challenge your Criminal or DUI charges and for an attorney to defend you;
- The right to avoid self-crimination;
- The right to plead “not guilty”
- The right to raise justifiable defenses to challenge criminal or DUI charges;
- The right to obtain and present exculpatory evidence (evidence in favor of your defense);
- The right to challenge the evidence against you;
- The right to a fair, speedy, and public trial (when eligible);
- Your right against being subjected to “cruel and unusual” punishment.
- The right to freedom from unwarranted “search and seizure” of your property, vehicle, home, work place, or yourself (in absence of a valid search warrant, or use of the “plain sight” exclusion by police or law enforcement officials);
- “Double Jeopardy” prohibition – This relates to the prohibition of the prosecution from bringing the same charges against you twice. It also prevents the court from invoking more than one punishment for a single crime or violation of the law.
James Novak, experienced criminal defense and DUI lawyer is extremely familiar with the laws, and how to use them to defend you. Do to the complexities of the criminal justice system and the nature of challenging US constitutional rights, state rights, and procedural violations, these arguments are rarely won by the defendant without legal representation of a proven attorney such as James Novak. The most successful outcomes in favor of the defendant are those argued by experienced trial lawyers and Arizona criminal defense attorney like James Novak, who challenges constitutional and procedural violations on a regular basis in defense of his clients. If you have been arrested or face criminal or DUI charges in Arizona, contact the Law Office of James Novak as soon as possible (480) 413-1499.
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