DUI PROCESS NEED HELP?
Being stopped for a DUI in Arizona can be a very frightening experience. Being arrested and charged with a DUI is even more traumatizing, especially if this is your first experience with the law and are not aware of the criminal law process or what options are available to you.
The DUI and Criminal defense attorneys with The Law Offices of Kevin Breger are extremely experienced in helping with your DUI defense. They will take the time to explain the entire process to you from the initial traffic stop through to the sentencing. We do not offer "common" or "cookie cutter" defenses to our clients. Each case is evaluated on it's own merit and the circumstances surrounding each case vary from client to client. Our attorneys are thorough and creative with their defense. We can help you or your loved one- just call us for a FREE initial consultation at (602) 682-5582 as soon as you have been stopped or arrested for a DUI.
* THE DUI TRAFFIC STOP
* RETAINING DUI DEFENSE ATTORNEYS
* POST-ARREST INVESTIGATIONS
* DECISION TO CHARGE
* FIRST APPEARANCE
* PRELIMINARY HEARING
* ARRAIGNMENT ON THE INFORMATION OR INDECTMENT
* PRE-TRIAL CONFERENCE
* M.V.D. HEARING
THE DUI TRAFFIC STOP
The initial experience when being arrested for a DUI is a "traffic stop". Generally, it is at this traffic stop that most evidence against a defendant is gathered. It is always helpful to be fully aware of your rights before you are ever stopped by a police officer. (CLICK HERE for more information regarding your DUI Rights).
For a copy of these DUI RIGHTS to keep in your glove compartment - CLICK HERE...
We at the Law Offices of Kevin Breger, strongly recommend that should you be stopped for a DUI, you exercise your right to remain silent and contact your DUI Defense Attorney at our office as soon as possible at (602) 682-5582.
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RETAINING DUI DEFENSE ATTORNEYS
A defendant may retain an attorney at any time after the DUI arrest - whether at the traffic stop or the night before the court date. It is in you or your loved one's best interest to contact us as soon as possible. We can help you at any stage of the DUI process, however, the earlier we get involved, the more opportunity we have to fight for your freedom!
DUI defendants have the right to an attorney or will be appointed one (Public Defender) if they cannot afford one. However, DUI defendants may be responsible for paying the cost of the Public Defender if it is later determined that he/she could afford to pay for an attorney. The earlier you hire our Phoenix Arizona Criminal and DUI defense attorneys after the initial arrest, the more control and superior the defense we can offer you.
Call us now at (602) 682-5582 so we can start helping you or your loved one with your DUI Defense!
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An arrest can occur for either a misdemeanor or a felony. For a felony crime, the police must have "probable cause" to make an arrest. For a misdemeanor arrest to occur, the arresting person must have a warrant or the crime has to have taken place in the presence of the arresting person.
It is important that the defendant remembers what the arresting officer did and said during the course of the arrest. Police do not have to read the Miranda rights to a defendant after an arrest, however failure to do so, could be grounds to suppress certain statements or confessions.
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After the arrest, the defendant will be booked and then released. Generally, a defendant will not go to jail after a DUI arrest. When a suspect is booked, the following procedure is generally followed:
* The defendant is taken to the law enforcement station.
* The defendant is asked a series of routine questions.
* The defendant is lawfully searched with or without consent.
* The defendant is fingerprinted and photographed.
If your loved one or someone you know is arrested, you can acquire information by calling the jail oar prison hotline for booking information. You will need the defendant's booking number or his/her full name and date of birth. The jail or prison will release information on the charges, the court date, the arresting agency and the bail amount.
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POST ARREST INVESTIGATIONS
Post arrest investigation could be done after the DUI arrest, but before the prosecutor files charges. Generally in DUI cases, this investigation is done so that the Prosecutor can determine whether to file a misdemeanor DUI or a felony Aggravated DUI. If a defendant is told that the case is "scratched" , it usually means that the Prosecutor is deciding which type of case to file.
A "scratched" case does not mean that the case is dismissed or that it has gone away. However, "scratched case" is an indication that a defendant should hire our experienced DUI defense attorney immediately.
The lawyers with The Law Office of Kevin Breger are extremely experienced with DUI defense and will be sure to provide you with a customized effective defense. By retaining our attorneys before charges are filed, gives us the opportunity to be proactive on your behalf and attempt to influence the way charges will be filed. We strongly believe in fighting for your freedom. Call us immediately... We can help you or your loved one!
In Aggravated DUI cases, police officers investigate the M.V.D. records to make sure that the defendant is the same person as the person with the prior DUI convictions, or to confirm the defendant's M.V.D. status. Police officers may obtain records from other courts to prove a prior DUI conviction. Investigators may even research a suspect's driving history or prior convictions in other states. It is not required that the arresting agency release the police report prior to the defendant's court date. Therefore it is vital that you retain our experienced DUI defense attorneys who understand the intricacies of a DUI case and can brilliantly fight for your freedom! We are here to help you - call us!
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DECISION TO CHARGE
Both the County Attorney and the City Attorney have the authority to file felony and misdemeanor charges against a DUI suspect if they believe there is sufficient evidence for conviction. However, the City Attorney may only pursue to resolution misdemeanor charges. The City Attorney must hand over felony cases to the County Attorney.
For misdemeanor DUI cases, the police officer can cite the defendant directly to city or justice court. The officer's decision to charge is often "rubber-stamped" by the court or prosecutor. The DUI Defense attorneys at The Law Offices of Kevin Breger, can represent you regardless of whether you have been charged with a misdemeanor or a felony and we have experience in all Arizona courts. Therefore we can help you no matter which court you are required to appear before. We can help you!
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If a defendant is charged with a misdemeanor and has hired an experienced DUI attorney, then the defendant may be able to avoid appearing for the first court date. However, felony cases always require the defendant to personally appear even if he/she hired a DUI defense attorney.
If the defendant does not have DUI defense representation, the court will advise the defendant of his/her right to appoint counsel and of his/her other basic rights.
The Initial Appearance generally follows this procedure:
* The defendant will be read his/her rights
* The defendant will be read the charges against him/her
* Bail (an insurance policy provided by the defendant to the court to assure that the defendant will appear before the court again) or an appearance bond is sometimes required on serious cases or Aggravated DUI cases during the initial appearance.
What is Bail and how is it determined?
Bail is an insurance policy provided by the defendant to the court to assure that the defendant will appear before the court again. The amount of bail is determined by the seriousness of the offense and by the Judge. Bail can be $0 if the person is released "on their own recognizance (O. R.)", but it can be increased if the Judge feels that the defendant will not appear in court again. If the person fails to appear before the court , a warrant will be issued for his/her arrest.
During a later proceeding in front of the court, DUI defense attorneys can bring a motion to reduce bail. The judge decides whether to reduce bail and will consider the defendant's risk of flight and danger to the public. In a felony hearing, if the DUI defense attorney asks for an O. R. release, the court will most likely set the matter for another hearing and order a pre-trial services report on the defendant. This procedure usually takes a week.
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Preliminary hearings only occur in felony Aggravated DUI cases that are not started by a grand jury indictment. In Arizona, a preliminary hearing is necessary (unless there is an indictment) and here the Judge determines whether or not there is sufficient evidence or probable cause to support the charges against a defendant and bind the case over to the Superior Court for trial.
During a preliminary hearing, the District Attorney or the Judge can add additional charges and order the defendant back into custody even if they are already out on bail.
If you have been charged with a felony Aggravated DUI, don't gamble with your freedom... Contact The Law Offices of Kevin Breger right now so that we can help you FIGHT FOR YOUR FREEDOM!!! We will be happy to discuss your case at your FREE initial consultation.
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ARRAIGNMENT ON THE INFORMATION OR INDICTMENT
In Aggravated DUI cases, the defendant appears before the Superior Court and informed of his / her charges. At that time, the defendant will enter a plea of guilty or not guilty. At the Superior Court arraignment, the amount of bail may be reviewed if a written motion is filed in advance of the hearing. If bail is reviewed, the amount may be increased or decreased at the court's discretion.
Discovery is usually shared with the DUI defense attorney after the arraignment hearing. Generally discovery includes (but is not limited to): the police report, medical records, probation records, photographs, diagrams and viewing of physical evidence.
Discovery in a DUI case must be reciprocal, which means that the prosecution must provide the defense with the evidence they are using in the case. Neither the prosecution nor the defense may "hide" evidence and later introduce it during the trial.
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At the pre-trial conference, the defendant's DUI defense attorney negotiates with the prosecuting attorney in order to obtain the best possible "deal" or plea for the defendant. The State is not required to offer a plea deal, but if one is offered, the DUI defense attorney is required to discuss the deal with the defendant. It is solely the defendant's choice to accept or reject the plea.
Some Plea options may include:
* The Prosecutor may offer to charge the defendant with a lesser charge.
* The Prosecutor may agree to a lesser punishment for the same charge.
* The number of counts charged may be dropped.
* Alternative sentencing may be imposed.
DUI defense attorneys may also file Pre-Trial Motions, which may assist in dismissing charges or changing the prosecution's position.
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1. A jury is selected. A jury is selected when the Judge, the Prosecutor and our experienced DUI defense attorney asks the prospective jurors a series of questions designed to reveal strong biases, either for or against either side. After those people with strong biases have been removed from the jury panel, the prosecutor and our DUI defense attorneys have the right to remove any two persons from the remaining panel. Thereafter, the Judge will empanel a seven person jury to hear the criminal charges. At the conclusion of the presentation of the evidence only six jurors will deliberate on the charges. The seventh juror will be designated as an alternate and excused from the case.
2. The Prosecutor and then the defendant's DUI defense lawyer will present opening statements to the jury outlining each side's theory of the case and what they feel will be demonstrated by the evidence.
3. The Prosecutor must introduce evidence in support of the charges made in the complaints against the defendant. The evidence will consist of testimony from witnesses and possibly presentation of exhibits. For each witness, first the prosecutor will question the witness and then the DUI defense attorney will cross-examine the witness.
4. The prosecution concludes their presentation of their case (or "rests") .
5. The DUI defense attorney may or may not present evidence in defense of the defendant. If witnesses testify on behalf of the defendant, the DUI defense attorney will first question the witness and then the prosecutor will have an opportunity to cross-examine the witness.
6. The defendant may testify, but it is not required that he/she does. In fact, the defendant is under no obligation whatsoever to either testify or produce any witnesses to testify on his/her behalf. Whether the defendant testifies or not or whether any additional evidence is offered is determined solely by the defendant and his/her DUI defense attorney and what strategy they wish to utilize. The law does not require that the defendant testify or produce any evidence. If the defendant chooses not to present any evidence, the Judge may instruct the jury that the jury may not take the fact that the defendant did not testify and/or produce any evidence into consideration when they deliberate on the charges.
7. Once the defendant's presentation of his/her case is concluded, the prosecutor will have a limited opportunity to present additional evidence to rebut any evidence presented by the DUI defense attorney.
8. Once all evidence has been presented, the prosecutor and DUI defense lawyer will make their closing arguments.
9. Thereafter, the Jury will deliberate.
10. The Jury issues a decision on the case.
If there are civil charges, those charges will be decided by the judge and not the jury. After the Jury returns a verdict on the DUI charge, the judge will issue his or her decision on the civil charges. After the verdicts have been returned by the jury and the judge, the judge will proceed with sentencing on any charges for which the verdicts were guilty or responsible.
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Should you receive a notice from the M.V.D. indicating that you are to appear at a M.V.D. Hearing, please contact The Law Offices of Kevin Breger immediately to schedule your FREE initial consultation. There are very important deadlines involved with a M.V.D. Hearing, and missing the deadlines can have a detrimental effect on your right to drive a motor vehicle in Arizona.
An M.V.D. Hearing is a separate process and has nothing to do with the criminal case. M.V.D. suspensions and hearings vary depending on the defendant's actions and M.V.D. history. Generally a defendant has a right an M.V.D. Hearing on most new suspensions, but is often required to request the hearing within fifteen days. If the defendant fails to request a hearing in time, the defendant could lose his/her right to the M.V.D. Hearing.
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Sentencing is usually held immediately after a verdict in the DUI case is reached, but sentencing can occur as much as thirty days later. A sentencing hearing is a court hearing where the judge determines punishment. Punishment can include:
* informal (unsupervised" probation);
* formal (supervised by a probation officer) probation;
* or some combination of the four.
A defendant may be sentenced to probation in addition to jail or prison for a DUI charge. However, the defendant may be ordered to do some local custody time as a term of his or her probation. If the defendant violates his/her probation, the defendant may be incarcerated.
If probation is not granted, there is usually a range of three prison terms in each felony crime: the mitigated term; presumptive term; and aggravated term. Our Phoenix Arizona criminal and DUI defense attorneys ********
Alternatives to jail time that may be negotiated by our experienced DUI defense attorneys are:
* Treatment or Detox Programs
* Electronic Home Monitoring
* Residential Treatment Centers
* Weekend Work Programs
* Community Service
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"Kevin all is well...Everything from the DUI seems to be behind me. Again thanks for your help in this matter. I am forever in your debt....Thanks again,CD
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Much much thanks!....
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