Articles Posted in avoiding self-incrimination

3 Things You Need to Know about Plea Deals and Deferred Prosecution
Law Office of James Novak

If you have criminal charges, you will likely face a decision of whether or not to accept a plea deal, or enter a diversion program. This is because most criminal and DUI cases are resolved or terminated before trial. Maricopa County Superior Court reported that 97.8 percent of criminal cases filed in 2016 were resolved or dismissed, while only 2.2% went to trial.
This trend of increased plea bargains and deferred prosecution arrangements is on the rise and has been reported on the upswing on a federal level as well. The United States Sentencing Commission reported that 97.3 percent of criminal cases were resolved with the defendant entering a guilty plea, and 2.7 percent by trial. Defendants still have the right to trial. However, many choose to enter a plea agreement or deferred prosecution program to avoid the uncertainties of trial and to avoid the risk of being sentenced to harsh or maximum penalties.
Prosecutors are encouraged to pursue plea agreements and to offer diversion programs to reduce court caseloads, and to preserve resources needed to conduct a trial.
In any event, it is a good idea to become familiar with these arrangements so that if you are faced with a proposal, you can make informed decisions about whether or not to enter into these arrangements.
In this article we will discuss plea agreements, deferred sentencing, and how a criminal defense attorney can assist you in obtaining the best outcome in these arrangements.

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DUI Confessions, Self-Incrimination in Arizona – Pleading the Fifth on Social Media
Law Office of James Novak

A Tragic Video Confession You might remember the viral video of an Arizona man, 22 year old Matthew Cordle, who caused a fatal drunk driving accident. He provided a confession in a four-minute online video that went viral with 2.3 million views last September. Cordle began his chilling confession with “My name is Matthew Cordle…

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5th Amendment: Right to Remain Silent
Law Office of James Novak

45 years after Miranda v. Arizona – Its impact on the US Criminal Justice System Over the last 45 years, legal controversies and challenges have continued to plague the “Miranda Rights”. Yet still it is recognized by all states in country. Following an arrest, the police must inform or warn a person of their “right…

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Arizona Criminal Defense Attorney Blog

Understanding Prolonged Traffic Stops in Arizona In Arizona, a police officer cannot keep a driver in a traffic stop against his or her will without a legal basis to do so. Arizona case law...

Arizona Court’s Opinion Reinforces Case Law Dictating Trial Court Jurisdiction Over Defendants Over Eighteen Years of Age In a recent opinion published by the Arizona Court of Appeals, Division One, the court vacated a trial court’s dismissal of an assault indictment...

Recent Arizona Court Opinion Highlights Reality that Multiple Offenses Means Harsher Sentences In Arizona, if a defendant with prior convictions is found guilty of a crime, that defendant will face a harsher sentence than if he or she had no...

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