Criminal Arrest: Find out what is needed by the Police in order to make a lawful arrest, and your rights in the process
Scottsdale Arrest | Criminal Rights
A good Scottsdale Criminal Defense Attorney or Scottsdale DUI Lawyer will use the defenses applicable to your particular set of circumstances, along with the shield of your protected constitutional rights to try and get your criminal or DUI charges dismissed, reduced or in the alternative the best possible outcome in your case.
Scottsdale, AZ has some of the toughest laws and penalties for criminal and DUI charges in the United States. If you face criminal charges or were arrested for an Arizona DUI or criminal charges in, you need to retain an attorney who has a vast amount of experience and knowledge of Arizona laws, your constitutional rights, Arizona criminal justice system, and protocol. Most importantly, your criminal attorney should be extremely familiar with the defenses that can be used to build you a solid and effective defense needed to challenge your Scottsdale AZ criminal or DUI charges. An experienced Scottsdale Criminal Attorney or Scottsdale DUI Lawyer will use the defenses applicable to your particular set of circumstances, and your protected constitutional rights in an attempt to get your criminal or DUI charges dismissed, reduced or an otherwise best possible outcome in your case.
What to Expect after an Arrest in Scottsdale
• Scottsdale Arrest – In order for a Scottsdale, AZ arrest to be legal, the police must have “Probable Cause”. This means that the officer has reasonable belief that a crime was committed and you were the one who committed it. If the officer feels probable cause exists you will be taken into custody.
• Booking – Your fingerprints taken, photograph or what some call “mug shot” will be taken; then they will confirm your identity with some routine questioning; they will then research your prior criminal convictions; then they will check to see if you were on probation or parole at the time of the current arrest.
• Arraignment – This is the initial court appearance. At this stage you have formally been charged, but not convicted of the crime and the processing criminal justice system time-lines begin. This is where you may plead
1) guilty,
2) not guilty, or
3) no contest (no contest is when you do not admit guilt on the charges, but this lets the Scottsdale Court know that you do not dispute the Scottsdale criminal charges either).
• Resolution – 1) Charges dismissed 2) negotiated plea agreement for reduced charge or sentencing 3) Trial 4) jury decision of guilty or not guilty 5) Scottsdale judge sentencing if guilty.
• Sentencing – 1) If you are guilty or have agreed to a negotiated plea agreement you will receive your sentencing or penalties by the Scottsdale Judge. The judge has complete discretion to order any sentence that falls within the sentencing range of the crime for which you were found guilty.
Criminal Rights
You have protected rights both under Federal and Arizona State constitutions. It is very important that you do not “waive” any protected rights without the presence or advice of your Scottsdale criminal attorney. If you decide on your own without consulting a criminal attorney in Scottsdale to waive any of your rights, you may jeopardize your case and any defenses that otherwise could have used in the future for your defense. You are not required to assist the police in making its case stronger against you. Some of the common rights you have are listed below and not all inclusive:
1) The right to remain silent;
2) The right to defense by an attorney;
3) The right not to answer questions without your criminal defense attorney present;
4) Your Miranda Rights must be read to you if you are arrested;
5) The right to enter a “Not Guilty” Plea;
6) The right to obtain and produce exculpatory (evidence favorable to your defense) evidence before or at trial;
7) The right to trial by jury;
8) The right to defend your criminal or dui charges before trial;
9) The right to avoid self-incrimination;
10) In the event of trial, the right to cross-examine or confront a witness testifying against you. It is highly recommended that you leave this to your qualified Scottsdale criminal defense attorney or trial lawyer, experienced in criminal defense litigation in Scottsdale.
Criminal Law Scottsdale
Criminal Law in Arizona is strict, and comprehensive. Definitions, Classifications, Sentencing guidelines, and Penalties found in A.R.S. criminal code: Title 13 – Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes DUI laws and DUI penalties in Arizona are some of the toughest in the United States. They are found in A.R.S. criminal code: Title 28 – Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes Scottsdale AZ criminal and DUI charges are subject to the criminal codes and rules of authority of Arizona State Laws.
Criminal Defense Scottsdale Attorney
Your future depends upon a strong defense by a criminal attorney who defends criminal or DUI charges frequently in Scottsdale. The choice is always yours to retain a criminal or DUI lawyer. However, given the harsh laws and punishments for criminal and DUI charges in Scottsdale it is strongly recommended that you at least consult a Scottsdale criminal defense or Scottsdale DUI lawyer. The prosecution is relieved when choose to go unrepresented because it makes their job easier to convict you. If fact, going without qualified Scottsdale criminal attorney or Scottsdale DUI lawyer is the fastest and most certain way to get a conviction.
The criminal justice system can feel to a non-attorney as a vast maze of procedures, time-lines, and protocol, and can be extremely overwhelming. Without a Scottsdale criminal attorney or Scottsdale DUI lawyer, you may unintentionally say or do something that will unknowingly harm your defense, and strengthen the Scottsdale Prosecution’s case against you. You don’t want to unknowingly contribute to a conviction.
A good Scottsdale Criminal Defense or Scottsdale DUI Lawyer will be your voice in the criminal justice system. They will build a solid and effective defense on your behalf. Then they will press compelling arguments on your behalf to the court and prosecution. There is no substitute for an experienced Arizona criminal attorney skilled in litigation; gathering and presenting compelling arguments against the prosecution; and knowing the most effective defenses to use, and building a foundation for your defense. Hiring a good AZ criminal attorney will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case. For more criminal defense or DUI defense tips, free videos, and free dui defense books, visit http://www.arizonacriminaldefenselawyer.com
If you have been arrested for any Scottsdale, Arizona DUI other criminal charge 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 to defending DUI, Drug & criminal charges in Scottsdale AZ and throughout Maricopa County valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.
