Criminal Law   

Dear Guest:

Being accused of a crime is not a pleasant experience. Most people are not familiar with their legal rights and options. Unfortunately, an individual will sometimes damage their own case before consulting with an attorney. There are dozens of aspects to the typical criminal case and the specifics of your situation should be discussed on an individual basis.   Strategic planning by an experienced defense attorney at the onset of the case can place the accused in a better position to present a solid defense and/or immediately recognize any obstacles or weaknesses in the evidence.  In general, however, both the potential range of penalties available as well as the manner in which the case is handled by the Court will be partially affected by whether an offense is classified as a misdemeanor or as a felony.  

Misdemeanor Offenses

Misdemeanors are criminal offenses which carry a maximum sentence of less than six months in jail and a maximum fine of $5,000.   Some examples of offenses which are classified in Arizona as misdemeanors include endangerment, assault (simple), theft or shoplifting (under $1,000.00), disorderly conduct, criminal damage, trespass (simple), and DUI (first offense) or OUI (boating).

Misdemeanor offenses are typically handled in the Municipal Courts, if the alleged offense occurred within the city limits, or otherwise in the Justice Courts.   Although there are some differences in the procedural rules followed by each Court, in general, a typical matter will involve the following stages:  

•  Arraignment
•  Pretrial Conference
•  Judgment & Sentencing/COP (if Plea Offer is accepted) or Status Hearing
•  Omnibus Hearing
•  Final Trial Management Conference (if ordered)
•  Trial

In Arizona, jury trials are not automatically awarded on misdemeanors offenses.  Instead, bench trials are substituted for those cases which do not qualify under the Arizona Supreme Court decision in Derendal v. City of Phoenix or who fail to protect their right in a timely manner. 

DUI and OUI

For many Arizona residents and visitors, an arrest for driving or boating while under the influence represents their first introduction to the criminal justice system.   Recent legislation in Arizona has created some of the harshest and most punitive DUI statutes in country, and yet, Mohave County  remains directed toward a policy of even stricter intolerance.  To assist DUI prosecutions, recent changes were made in the Rules of Evidence by which the State is no longer required to call the officer who runs the calibration tests to trial, rather, the reports are admissible to show the Intoxilyzer was working properly.   Unlike in neighboring states, city attorneys and prosecutors in Mohave County do not dismiss DUI cases, or offer reduced pleas of "reckless" or "wet/reckless" except where the state's evidence is shown to be prohibitively lacking. 

Penalties even for first time offenders are formidable.  Second and third offenses occurring within the past 7 years carry even greater penalties. A conviction for a DUI or OUI always requires a mandatory a period of incarceration, if not previously satisfied prior to conviction.  Although it is highly unlikely that first-time, non-extreme, non-aggravated offenders will be sentenced to the statutory maximum six months in jail, it is common for even first-time convictions to be assessed the maximum fines and assessments permitted by law, in addition to jail recovery costs, enrollment and tuition for a state approved alcohol therapy program, installation charges for interlock devices (if required), and possible towing and/or vehicle storage fees.   Also, insurance carriers generally require drivers convicted of a DUI to carry SR-22 insurance. 

To avoid an otherwise immanent DUI conviction, it is essential to have a legal professional closely examine all aspects of the detainment, investigation and arrest so that it can be ascertained whether a technical defense can be established.   Errors, procedural omissions and factual inconsistencies are sometimes uncovered through officer interviews or maintenance records inspections;  these legal technicalities can in some cases call elements of the state's case into question or even prevent the evidence from being considered.   Field Sobriety tests (FST's) should never be performed, but in the event the accused did not refuse the officers "request" to perform these "coordination tests", the officers testimony and his reports must be examined and questioned.  In some instances, expert witnesses may be needed to provide critical elements of a defense.  In short, defendants hoping to avoid a DUI conviction (by plea or otherwise) in Mohave County must develop a strategic and technical defense by a thorough examination of each  aspect of the DUI investigation and an expert evaluation of the factual evidence.

Driver’s License Issues:

Many times a driver’s license suspension is associated with a DUI charge. An officer will confiscate a person’s license if it is alleged he provided a breath sample that tested at an .08 or above, or if the person is alleged to have refused to take an approved test. The driver may challenge this license suspension by demanding from the Department of Highway Safety & Motor Vehicles (DHSMV) an “administrative review” of the license suspension. If the driver prevails, the driver’s license will be returned. There are numerous other drivers license issues which may arise, including suspensions for too many points, drug convictions, etc.

Within 14 days after the arrest, the defendant may request an administrative review hearing with the department of motor vehicles.  The request must be in writing and must request an administrative review hearing, NOT a summary review hearing.   The hearing is procedurally informal and the scope limited focus of the hearing is to ascertain whether the officer had probable cause to make the stop and charge the defendant with driving while impaired.  

Admin Per Se Hearing Procedures

Domestic Violence

This term constitutes a large umbrella under which several sub-categories exist. First, there is the “Domestic Violence Injunction.” This proceeding, while technically non-criminal in nature, is often associated with a criminal court case or can easily lead to a criminal allegation of “Violation of Domestic Violence Injunction.” A person failing to abide by the many requirements of an injunction order may also face penalties in a contempt of court hearing. Next, there is the “Domestic Violence Battery/Assault” which is a criminal charge handled in a specially created misdemeanor courtroom with specially trained prosecutors seeking to move forward even when the alleged victim wants to “waive prosecution”. These charges initially carry a “no bond” provision and a bond hearing will need to be scheduled. A person convicted of domestic violence resulting in injury is required to serve a mandatory minimum of five days in jail. A domestic violence battery or other offense may be charged as a felony if there are aggravating circumstances. A person accused of a criminal act of domestic violence should be aware that their arrest record cannot be sealed or expunged unless the charge is dismissed, amended to a different charge or a verdict of not guilty is rendered.

Civil Traffic Offenses

"Non-Criminal Traffic" offenses are commonly referred to as "tickets", "infractions" or "citations" and include: speeding, failure to yield right of way, following to closely, failure to obey traffic signal, failure to maintain a single lane, careless driving and many more. These tickets can result in fines, points on the driving record (possible increased insurance rates) and even license suspension. Direct payment of a moving violation citation will result in a driving record entry including an automatic assessment of points. If a person, or their attorney, goes to court and convinces the hearing office to "withhold adjudication", then no points will be assessed against the license, although other penalties are typical. If a dismissal or a not guilty judgment is obtained, then there would be no driving record entry and no fines or penalty. Ticketed drivers will often hire an attorney in an effort to:

1. avoid having to go to court themselves,
2. have the ticket dismissed,
3. contest the ticket at a hearing by disputing or challenging the facts, and/or
4. mitigate or lessen the penalties (i.e. avoiding points on the driving record).

We can protect your driving privilege with an effective defense.

• Reckless Driving
• Hit and Run
• License Suspension
• Accidents

Many times individuals who are temporarily in the Arizona area while visiting or vacationing find themselves ordered by the Court to return. My office has handled dozens of out-of-town clients on charges stemming from arrests at various Arizona area.  If you have been charged with a civil citation in the Mohave County area and live out-of-state, your case may be able to be resolved without you having to personally return for a court hearing. I can go to court on your behalf and enter into plea negotiations with the prosecuting attorney or judge. If successful, you would not be required to undergo the time and expense of traveling back to Arizona, and all court documents could be exchanged by mail.

Felony Offenses

By contrast felonies are criminal offenses which carry a possible sentence of more than 1 year in jail and/or prison and a no maximum fine.

Drug Offenses

Sex Offenses

Dangerous Crimes

Criminal Enterprise

The Felony Process

Criminal Law Links

Criminal Code - Arizona Revised States (Title 13)

Arizona Rules of Criminal Procedure

Arizona Sentencing Guidelines

Criminal Forms (Arizona)