Arizona Trial Lawyer

Release, Bail & Bond

2009-10-01T13:57:00.000-07:00

Release, Bail & Bond

What is bail? Is bail different that a bond? How do you get released on bond? How do I post bail? What is a bail bond? These are all good questions, especially when someone you care about has been arrested, is in custody and you want to get them out.

A person who is accused or charged with a crime is called a defendant in the criminal justice system. When a defendant is charged with a crime and brought before the Court, the Court will normally set release conditions for most crimes. The Court wants to make sure that the defendant will appear at future court proceedings. A defendant’s release may be as simple as a promise to appear, also known as being released on one's own recognizance, which is often referred to as “OR.” The court may also require a defendant to secure release by posting a bond.

The Court considers two main factors when deciding release conditions. The first factor the Court considers is whether or not the defendant poses a flight risk. In other words, is there a risk that the accused may flee and not show up on the scheduled court date. The second factor the Court considers is the danger the defendant may pose to the community. The judge considers this in light of the crime that the defendant has been accused of, the manner in which it was committed and things like the defendant’s prior criminal history.

What is Bond?
The words bond and bail are often used interchangeably. Bond is money or property that is deposited with the court to ensure that the Defendant will return to court when required to do so. If the defendant returns to court as required, the bond will be returned at the end of the case. This is true even in the event that the defendant is convicted. However, should the defendant fail to return to court when required or violate the release conditions, the bond may be forfeited to the court.

The Law Behind Release and Bond
The United States Constitution and the Arizona Constitution establish bail for those accused of crimes. Despite the accusations and charges against a Defendant, it is important not to lose focus on the fact that a Defendant is presumed innocent. The law requires that bail should not be excessive.

In Arizona the Court may consider the following factors when deciding the bond amount.

 The character and reputation of the defendant
 The ties the defendant has to the community
 The criminal history, if any, of the defendant
 The nature and gravity of the offense(s) charged
 The measure of punishment being faced
 The financial resources and assets of the defendant
 Other relevant facts

A lawyer can be extremely valuable in securing your release or substantially reducing the bond after it is originally set.

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

Requirements for Photo Enforcement Signs in Arizona

2009-09-23T17:17:00.000-07:00

Photo Enforcement Sign Requirements in Arizona

What does the law require for photo enforcement signs? What are the signage requirements for photo a photo enforcement zone? Do they have to put up warning signs for photo enforcement? These are good questions that I get from callers.

Arizona law requires:
Every local authority or agency of the State or Arizona using a photo enforcement system must adopt standards and specifications that indicate to a person operating a motor vehicle that a photo enforcement system is present and operational. There is an exception, which is: These standards do not apply however to a mobile photo enforcement vehicle during the time a mobile photo enforcement vehicle is deployed on streets with a posted speed limit of forty miles per hour or less.

But if it is a posted speed limit of more than forty miles per hour, the standards and specifications must include both of the following:

1. At least two signs shall be placed in a location before a photo enforcement system. One sign shall be in a location that is approximately three hundred feet before the photo enforcement system. Placement of additional signs shall be more than three hundred feet before a photo enforcement system to provide reasonable notice to a person that a photo enforcement system is present and operational.

2. Signs indicating a photo enforcement system shall be removed or covered when the photo enforcement system is no longer present or not operating.

Signs erected by a local authority or agency of this state as prescribed in this section shall contain a yellow warning notice and correlate with and as far as possible conform to the system set forth in the most recent edition of the manual on uniform traffic control devices for streets and highways.

The Manual for Uniform Traffic Control Devices for Streets and Highways requires the sign to be posted at a height of at least 7 feet if permanent and at least 5 feet if temporary. The Border must be the same color as the legend and reside at or just inside the edge of the sign. The letters must be at least 8 inches high, and the sign should be placed on the right side of the roadway. The sign also must be reflect light and be visible at night.

If the standards and specifications prescribed pursuant to this section are not in effect during the operation of a photo enforcement system, the court may dismiss any citation issued to a person who is identified by the use of the photo enforcement system.

During the time a vehicle containing photo enforcement equipment is being used to identify violators of this article and article 6 of this chapter, the rear of the vehicle shall be clearly marked to indicate that the vehicle is functioning as a photo enforcement vehicle.

Commentary
Before you get your hopes up in winning a case based on improper signage, note the word ‘may’ in the part of the statute that reads “If the standards and specifications prescribed to this section are not in effect during the operation of a photo enforcement system, the court may dismiss any citation issued . . . “

This is what we lawyers call a toothless law. If law enforcement or the private entity law enforcement employs fails to comply with the law on this highly lucrative enforcement method, the judge does not have to dismiss the citation. It is discretionary with the judge. In other words you can win your case and prove that law enforcement violated the law and still be required to pay the money they are seeking, be held responsible for the points against your license, and suffer increased insurance rates etc.

Imagine if we as citizens could have discretion as to whether or not to follow the law. Imagine going to court and being found responsible for a traffic violation and ordered by a judge to pay a fine and being able to stand up and say, “You know judge, I don’t feel like following the law today, so I am going to have to ask you to reverse your finding and enter a finding of not responsible. Oh, and by the way I am going exercise my discretion not to pay the fine either.”

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

Reckless Under Arizona Law

2009-09-16T16:42:00.000-07:00

Reckless Under Arizona Law

What does reckless mean under Arizona law? What is the legal definition of reckless? What does the State have to prove for Reckless Driving? These are questions I often encounter.

Here is the actual definition of “Recklessly” under Arizona law:

"Recklessly" means, with respect to a result or to a circumstance described by a statute defining an offense, that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists.

The risk must be of such nature and degree that disregard of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but who is unaware of such risk solely by reason of voluntary intoxication also acts recklessly with respect to such risk.

I want to briefly discuss a few of the key phrases and what I typically argue they require.

aware of and consciously disregards
This means that the State must first establish a risk, and then prove that you knew about that risk and then knowingly disregarded the risk.

substantial and unjustifiable
It can’t just be any risk. It has to be a substantial one. Also, if you can argue there was a justifiable reason to engage in the conduct the State is alleging is reckless than you have a defense.

that result will occur or that the circumstance exists
It can’t be a risk that can’t occur or isn’t a risk at the time. For example it may be reckless to shoot a gun in a public park, but not reckless to shoot it in the desert. In the park it is very likely someone may unintentionally be hit by a ricochet or bullet that travels farther than intended due to the high density of people, whereas in the desert no one is around to be put at risk.

gross deviation
The fact that the legislature chose the word ‘gross’ should always be emphazed. Just because many people wouldn’t engage in the conduct is not enough. The conduct must grossly deviate from what a reasonable person would do.

reasonable person
What constitutes reasonable or a reasonable person is subject to a lot of interpretation and can be a important area of argument.

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

MVD Points in Arizona

2009-08-21T16:59:00.000-07:00

MVD Points in Arizona

How many points is my Arizona traffic violation? How many points will go on my driving record for this violation? How many points do I get for this ticket in Arizona? How many points can I get before Arizona Motor Vehicles Division (MVD) suspends my driver’s license? What are points? How many points can I have on my license? These are common questions that people ask me almost every day. I wanted to take a moment to answer these questions and list a few common violations and the accompanying points that MVD assesses to an individual’s driving record for those violations.

Arizona law requires the Motor Vehicles Division (MVD) to assess points to a motorist for judgments or convictions for certain violations of Arizona law. These points go on your Motor Vehicle Record (MVR). It is the accumulation of points that dictates action by MVD. The number of points required for MVD to take action against your driving privilege may depend on your age and driving record. For example if you are under 18 years of age the number of points you can accumulate before MVD suspends your driving privilege is different than if you are 21 years of age. Also certain violations require the attendance of Traffic Survival School (TSS). Once you have attended TSS, if you receive any points in the following 24 months MVD will suspend your driving privileges regardless of the total number of points on your Motor Vehicle Record (MVR) or the number of previous violations. (see Something to Consider Before you Plead Responsible to a Red Light Violation in Arizona in this blog) also (see Defensive Driving School vs. Traffic Survival School in this blog)

Here are a few common violations and the points associated with being found responsible or guilty for these violations:

Violation / Description / Points

28-644A1 / Failure to Obey a Traffic Control Device / 2
28-645A3a / Failure to Stop for a Red Light / 2
28-693 / Reckless Driving / 8
28-695 Aggressive Driving 8
28-701A / Speed not Reasonable and Prudent / 3
28-701.02 / Excessive Speed / 3
28-708A / Racing on Highways / 8
28-730A / Following too Closely / 2
28-797E / Speed Greater than 15 MPH in a School Crossing / 2
28-1381A1 / DUI / 8
28-1381A2 / DUI .08% or more / 8
28-1381A3 / DUI Drugs / 8
28-1382 / Extreme DUI / 8

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

How Felonies are Charged in Arizona

2009-08-16T13:05:00.000-07:00

How Felonies are Charged in Arizona

How is a felony charged? Will I be arrested? What can I expect? These are questions I often get from people who have been arrested for a felony and are still awaiting charges. They have no idea what to expect, and many unanswered questions about the process of how felony charges are filed. It is understandably very unsettling to have felony charges looming in the near future especially when you have no idea what to expect. People worry that one day soon the police are going to show up at their place of work and haul them off to jail. Here is a brief explanation of how felonies are charge in Arizona.

After the investigating law enforcement agency believes they have accumulated enough evidence to support felony charges, that agency will submit their investigation and recommended charges to the appropriate prosecutorial agency. A prosecutor reviews the submittal and then makes a decision as to what charges to file and what process to bring those charges. A felony case is charged by either the grand jury or a criminal complaint.

Grand Jury
If a case goes forward by way of the grand jury, the prosecutor presents a summary of the evidence to a grand jury. The grand jury then decides whether or not there is enough evidence to go forward. If the grand jury feels there is enough evidence that probable cause exists, then the grand jury issues what is called a “true bill” and an indictment is issued. The grand jury indictment is then filed with the court.

Complaint
If a case goes forward by way of complaint, a prosecutor reviews the recommended charges and a complaint is filed under oath by a peace officer alleging that an offense occurred and the person charged committed the offense. The defendant is then typically served with a criminal summons to appear in court on the charges. A prosecutor can elect to proceed by requesting a warrant, but a summons is the preferred method. If a defendant fails to appear and honor the summons, the trial court will issue a warrant for the defendant’s arrest. A defendant who is charged by complaint is entitled to a preliminary hearing for a determination of probable cause by a magistrate before the prosecution can proceed with the charges.

In contrast, a defendant charged by indictment is not entitled to a preliminary hearing because the grand jury has already made the finding of probable cause.” For more on the consequences of a felony conviction (see Consequences of a Felony Conviction in this blog)

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

Do I Need a Lawyer for a Criminal Speeding Charge?

2009-08-10T08:26:00.000-07:00

Do I Need a Lawyer for a Criminal Speeding Charge?

You may be surprised to find yourself charged with a crime for speeding. Many Arizona drivers are unaware that such a crime exits. If you would like a detailed definition and explanation of Criminal Speeding (see Consequences of Excessive (Criminal) Speeding in this blog)

Basically, if the State can prove that you were in excess of 85 mph or speeding 20 mph or more over the posted speed limit, you can be charged with a class 3 misdemeanor in Arizona subjecting you to a criminal conviction and possible jail time. For a detailed explanation of misdemeanors in Arizona (see Misdemeanors in Arizona in this blog)

Benefits of Representation on a Criminal Speeding Charge

Because you are charged with a crime, you are entitled to all the rights and protections afforded any citizen charged with a criminal offense. The State must prove your Criminal Speeding charge with the same burden of proof necessary to prove any type of criminal case. Unlike a normal civil traffic speeding violation (see The Difference Between Criminal Traffic Violations vs. Civil Traffic Violation in Arizona in this blog), you are entitled to a trial where the State must prove the offense beyond a reasonable doubt. The Arizona Rules of Criminal Procedure and the Arizona Rules of Evidence apply in this trial unlike a civil traffic violation. An experienced trial lawyer can be of great assistance to you at each of the various stages of a criminal proceeding. An experienced trial lawyer may be able to acquit you of the crime at trial, convince the prosecutor to dismiss the crime prior to trial, or reduce the charge to a civil violation.

There are many negative consequences of Criminal Speeding conviction that an experienced trial lawyer can help you avoid. With skilled representation you may be able to avoid consequences including:

Up to 30 days of jail time
Mandatory fines
Classes
Points accessed by Motor Vehicle Division (MVD) to your driving record
Potential suspension or revocation of your driver’s license
Higher insurance, cancellation, or denial of insurance
Conviction of a crime resulting in a criminal record
Effects on immigration status, visas, and passports
Probation
Community service
Having your vehicle impounded

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

Options If You Have Received a Traffic Ticket

2009-07-18T09:43:00.000-07:00

Options If You Have Received a Traffic Ticket

You have received an Arizona traffic ticket. Now what? People often want to know what options are available to them after receiving a traffic ticket. First, we need to be clear about the difference in Arizona between a criminal traffic and a civil traffic ticket. (see The Difference Between a Criminal Traffic and Civil Traffic Case in this blog) The options listed below apply to a civil traffic ticket. If you are not sure what kind of ticket you have please contact a lawyer.

If you have received an Arizona Traffic Ticket and Compliant alleging a civil violation, this means that the State of Arizona is alleging that you committed a civil traffic violation. The ‘ticket’ may also be referred to as a complaint, or citation. The violation may also be referred to as a charge. In Arizona you may have several options of how you may proceed.

Option #1: Requesting a Hearing
If you disagree with the charge(s) and wish to dispute the charge(s) on the citation you should plead not responsible. A plea of not responsible means that you deny that you committed the violation(s) listed on the citation and are requesting a civil traffic hearing. At this hearing the officer who issued the ticket will have to prove that you committed the violation. A civil traffic hearing is a trial held before a Judge or Hearing Officer who decides both the facts and the law of the case. At this hearing the issuing officer must prove the violation(s) listed on the citation against you by a preponderance of evidence. This means that the officer must prove that it is more likely than not that you committed the violation. If your citation lists more than one charge, you will need to enter a plea for each charge. You are not required to enter the same plea for all charges. In other words you may plead responsible to one violation and challenge other violations.

You may choose to hire and be represented by a lawyer at your hearing. You cannot be represented by someone who is not a licensed attorney in the State of Arizona. If you decide to have a lawyer represent you, you must notify the Court in writing at least 10 days prior to your hearing.

Option #2: Pleading Responsible
If you plead responsible and pay the fine, this means you agree that you committed the violation(s) listed in the citation. Being found responsible of certain violations will cause the State of Arizona Motor Vehicle Division to assess points to your Motor Vehicle Record (MVR) often also called your driving record. The Motor Vehicle Division (MVD) may suspend or revoke your privilege to drive depending on the number of points you accumulate. Your insurance company may also increase your insurance rates based upon findings of responsible.

Option #3: Traffic School
You may be eligible to attend Defensive Driving School (DDS) if you have not previously attended Defensive Driving School (DDS) within two years of the date of your current citation. Defensive Driving School (DDS) is different from Traffic Survival School (TSS) (see Defensive Driving School (DDS) vs. Traffic Survival School (TSS) in this blog).

Defensive Driving School (DDS) is an educational course that you must successfully complete and pass usually prior to your scheduled court date. Make sure to attend a course approved by your particular court. If you encounter difficulty in scheduling a course, contact the court as you may be able to request an extension. Why should you consider Defensive Driving School (DDS)? Once you provide the court with proof of completion of the course, the court will dismiss the citation resulting in no points being accessed to your driving record and no changes to your insurance rates. It is important to note that in Arizona, you will not be allowed to attend Defensive Driving School (DDS) to dismiss your citation if you have a commercial driver’s license (CDL).

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

Driver's License Suspension vs. Revocation

2009-07-14T22:04:00.000-07:00

Driver's License Suspension vs. Revocation in Arizona

In Arizona is there a difference between your driver’s license being suspended vs. revoked? What is the difference between a driver’s license suspension and a revocation?

In Arizona, it is important to understand that driving is a privilege governed by the State through the Arizona Department of Transportation (ADOT) Motor Vehicles Division (MVD). Driving is not a right. Arizona courts hear both civil and criminal matters involving crimes and violations that may affect your driving record. Your driving record in turn may then affect the status of your license leading to suspension or revocation.

Suspension
In Arizona, a driver’s license suspension is the temporary removal of your license or privilege to drive. This is an action taken by Arizona Department of Transportation (ADOT) Motor Vehicles Division (MVD) after a review of your driving record also referred to as your Motor Vehicle Record (MVR). If your license is suspended, then it must be reinstated before you can legally drive. A driver’s license suspension will remain in effect until the prescribed time period of the suspension is served and you make an application for reinstatement and pay the applicable reinstatement fee.

Revocation
Re-establishing your ability to drive after a revocation is more difficult than a suspension. In Arizona, a driver’s license revocation is the complete removal of your license or privilege to drive. Your license will remain revoked until you apply for a new license. As part of the application for a new license, you must submit and pass an investigation into your driving record. All outstanding obligations must be satisfied in order to qualify for re-instatement of your privilege to drive.

Suspension vs. Revocation
A license suspension is for a definite period of time. With a suspension, once the suspension period has elapsed, your license is eligible for re-instatement. During your suspension period you may be eligible for restricted privileges. A license revocation on the other hand is the complete removal of your license. After a revocation, you must apply for a new license and during the revocation you are not eligible for restricted privileges.

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

Driving on a Suspended License in Arizona

2009-07-11T07:25:00.000-07:00

Driving on a Suspended License in Arizona

In Arizona, Driving on a Suspended License is a crime. The crime of Driving on a Suspended License is a class 1 misdemeanor. (see Misdemeanors in Arizona in this blog) Driving While Suspended requires proof beyond a reasonable doubt. The elements of the crime of Driving on a Suspended License are met anytime the State can prove you knowingly operated a motor vehicle while your license was suspended, revoked, or cancelled.

A driver’s license suspension is the temporary removal of your privilege to drive. It is an action taken by Motor Vehicles Division (MVD) after a review of your Motor Vehicle Record (MVR), also commonly called you driving record.

Re-Instatement
If your driver’s license is suspended, the suspension will remain in effect until you make an application for reinstatement and pay the applicable fine. Many times the suspension notice for Motor Vehicles Division (MVD) will indicate that you will be suspended for a determined period of time. What tends to escape many people is that until you pay a "reinstatement fee", your license will be suspended indefinitely. Often people believe that they have served their suspension period and begin to drive again mistakenly believing that the suspension has been lifted.

Depending on the reason the prosecution is claiming your license was suspended, you may be charged with three different types of Driving on a Suspended License. The State must prove that Motor Vehicles Division (MVD) made notification that your license had been suspended. However, Arizona law only requires the State to show that you "should have known" that your license was suspended. In other words, a claim that you moved and no longer live at the address that Motor Vehicle has on record, may fail since Arizona law requires you to notify Motor Vehicle Division of a change of address within ten (10) days.

Consequences of Driving on a Suspended License
Be careful, depending on the facts of your case and your driving history, being found guilty of Driving on a Suspended License can have many potential consequences including:

Being arrested on the spot
Impounding of your vehicle
Mandatory jail time
Mandatory Fines
Conviction of a crime resulting in a criminal record
Extension and re-suspension or revocation of your license
Points being accessed to your driving record
Higher insurance, cancellation of insurance, or denial of insurance
Effects on immigration status, visas, and passports
Probation
Community service

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

Consequences of Not Appearing for a Traffic Ticket

2009-07-06T07:16:00.000-07:00

Consequences of Not Appearing for a Traffic Ticket

What happens if I don’t show up to court for my traffic ticket? What happens if I don’t pay the fine?

Failure Appear for Your Court Date
First of all, it is very important to understand that the there is a big difference in what happens should you not show up for a criminal traffic ticket versus a civil traffic ticket. Criminal traffic and civil traffic cases are treated differently by the court. (see The Difference Between a Criminal Traffic and a Civil Traffic Case in this blog)

The consequences of failing to appear on a criminal traffic and civil traffic case assume that the court has proof of proper notice on your case.

Criminal Traffic Case
If you fail to appear on your assigned court date in a criminal traffic case the judge will issue a warrant for your arrest.

Civil Traffic Case
If your fail to appear on your assigned court date in a civil traffic case and the issuing officer does, the court will enter a default against you. What is a default? A default means you didn’t show up, so you lose. The Court will then access the fine and notify Motor Vehicles Division (MVD) to suspend your driver’s license until you have paid the fine.

Consequences of Not Paying the Fine
If your do appear and are found responsible for the civil traffic violation, but do not pay the Court ordered fine, the Court will again notify the Motor Vehicles Department (MVD) that you are in default. Motor Vehicle Division will then suspend your driving privileges until you have paid the fine.

If your driver's license or privilege to drive is suspended as the result of a default judgment, you will be required to pay the fine, a default fee, and additional fees to the Motor Vehicles Department (MVD) in order to have your driving privileges reinstated. If you drive while your license or privilege to drive is suspended, you will be subject to criminal penalties and additional sanctions. (see Driving on a Suspended License in Arizona in this blog)

In addition, for all civil violations for which a default judgment has been imposed, the Court may notify a credit bureau of any outstanding and delinquent balances, notify the Arizona Department of Revenue to attach your tax refunds, and take any other legally appropriate collection action against you, your income, or your property. If the Court refers your account to a collection agency or the Arizona Department of Revenue, additional collection fees will be added to your account balance.

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

The Crime of Unlawful Flight in Arizona

2009-06-29T07:35:00.000-07:00

The Crime of Unlawful Flight

What is the crime of Unlawful Flight in Arizona? In Arizona, Unlawful Flight is also known as and sometimes called ‘Felony Flight’. However, it is officially titled Unlawful Flight in the Arizona statutes and is a class 5 felony. (see Consequences of a Felony Conviction in this blog)

The crime of Unlawful Flight can be charged where the State can prove that the driver of a vehicle willfully fled from or attempted to elude a pursuing law enforcement vehicle. That law enforcement vehicle must meet the legal requirements of being appropriately marked and identifiable as an official law enforcement vehicle under Arizona law. Additionally the driver of the law enforcement vehicle must also take action to meet some additional requirements under Arizona law. This usually amounts to the driver turning on the red or blue lights and using an audible siren.

Many involved in law enforcement would define Unlawful Flight as being chased by a police car that has its lights and siren activated. As an Arizona State Prosecutor, I tried this crime many times and discovered that the statute in Arizona is not that simple. The fact that the State has elected to charge you with Unlawful Flight does not necessarily mean they can meet the all the requirements to prove it.

There are some elements that can be challenging for the State such as proving that the person charged was ‘willfully’ fleeing or attempting to elude. Arizona law enforcement now uses many different types of vehicles and the requirements of being appropriately marked, and the use of lights and siren are not always a given.

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

A Class 6 Undesignated Felony Offense

2009-06-26T06:26:00.000-07:00

A Class 6 Undesignated Felony Offense, also known as a ‘6-Open’ in Arizona

What is a class 6 undesignated felony offense? A class 6 undesignated felony offense, is also frequently referred to as a 6-open felony. In Arizona, at the time of sentencing for a class 6 felony offense a judge may leave the offense undesignated. This means that the offense has not yet been designated a felony conviction. In other words the felony designation is suspended or remains undetermined and may eventually be designated a misdemeanor as opposed to a felony. This is usually done to create an incentive to successfully complete a probationary term.

In lay terms it works like this: The State or court agrees to leave the offense undesignated. If you do everything you are supposed to do and successfully complete probation, the offense may be designated a misdemeanor thereby avoiding the serious consequences having of a felony conviction on your record. (see Consequences of a Felony Conviction in this blog) This creates a strong incentive to successfully complete probation and ‘earn’ a misdemeanor. The interests of the State are served because if the individual does not take advantage of this opportunity to prove themselves on probation, does not successfully complete probation, does poorly on probation, or commits another offense, the court may then designate the offense a felony.

A class 6 felony is the least serious category of felony in Arizona. Many times more serious or higher category felony offenses are reduced to class 6 felonies in order to ‘open them’ or leave them undesignated at the time of sentencing. For instance you may be charged with a class 4 felony offense, but offered a plea agreement to a class 6 undesignated felony.

In Arizona, the ability of the court to leave an offense undesignated is a valuable tool available to the court to create great incentive for probationers to do well on probation. It is also a last chance and valuable opportunity for those facing felony convictions to have the ability to prove to the court that they deserve to carry on with their lives without the burden being a felon.

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

Misdemeanors in Arizona

2009-06-23T06:09:00.000-07:00

Misdemeanors in Arizona

What is a misdemeanor? First of all it is important to understand that it is a crime subjecting you to criminal prosecution and a criminal record. Historically misdemeanors have been defined as a criminal offense which is punishable by a sentence of incarceration for not more than a year. In Arizona, you cannot receive more than six (6) months for a misdemeanor conviction.

Consequences of a Misdemeanor in Arizona

What are the consequences of a misdemeanor in Arizona? That may depend on the level of misdemeanor. In Arizona there are three types or categories of misdemeanors. Misdemeanors are divided into classes. A class 1 misdemeanor is the most serious, while a class 3 misdemeanor is the least serious. Each class of misdemeanor has a maximum penalty. In other words the court cannot impose a sentence greater than the following:

For a class 1 up to six (6) months in jail and a $2,500.00 fine
For a class 2 up to four (4) months in jail and a $750.00 fine
For a class 3 up to thirty (30) days in jail and a $500 fine

It is important to understand but arguably difficult to understand that although Arizona law sets a limit on the maximum fine that can be imposed, the legislature has been free to add mandatory surcharges, assessments, jail costs, and other fees which in some cases can double or triple the original fine amount.

In addition to jail and fines, under Arizona law a conviction for a misdemeanor may also involve, and in some cases require some additional penalties including:

Criminal record
Probation
Community service
Loss of the right to possess a firearm
Classes
Drug or alcohol testing and treatment
Mandatory suspension or revocation of your driver’s license
Diversion

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: www.AzTrialLawyer.com
Call (602) 697-8761
Free 24 Hour Consultations

Felony Racing in Arizona

2009-06-22T18:15:00.000-07:00

Felony Racing in Arizona

The crime of Felony Racing on Highways in Arizona is something that may not be familiar to many people including some law enforcement officials. What is Felony Racing? While some Arizonans may be acquainted with the crime of Racing, fewer are familiar with the crime of Felony Racing. The crime of Racing is normally charged as a class 1 misdemeanor. In Arizona, Felony Racing is just as it sounds, a felony. It is a class 6 felony to be exact.

You can be convicted of Felony Racing if you commit the crime of Racing within twenty-four (24) months of a previous conviction for Racing. In other words, if you are convicted of two (2) Racing charges within two (2) years, the second conviction can be charged as a felony.

Consequences of Felony Racing

What are the consequences of Felony Racing? First of all, any felony conviction may result in long term negative consequences to many aspects of your life. (see Consequences of a Felony Conviction in this blog) Beyond the consequences of a felony, Arizona law requires some additional penalties for anyone convicted of Felony Racing, including:

A mandatory jail sentence of not less than ten (10) days
A mandatory fine of not less than $500.00
Mandatory revocation of your driver’s license

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations

Aggravated DUI in Arizona?

2009-06-22T05:50:00.000-07:00

Aggravated DUI in Arizona

What is an Aggravated DUI? In Arizona, Aggravated Driving Under the Influence (Aggravated DUI) is a felony offense. (see Consequences of a Felony Conviction in this blog) In an Aggravated DUI, the elements of DUI remain the same as for a misdemeanor DUI. (see Driving Under the Influence in Arizona in this blog) To be Aggravated however, the State must prove in addition to the elements of DUI one of the following:

1. The accused person’s driver license or privilege to drive was suspended, canceled, revoked, refused, or restricted as a result of a DUI, and the accused knew, or should have known it was suspended, canceled, revoked, refused, or restricted. This offense is a class 4 felony.

2. The accused has two DUI convictions within 7 years. This offense is a class 4 felony.

3. A person under 15 years of age was in the vehicle. This offense is a class 6 felony. (see Consequences of DUI with Kids in the Car in this blog)

Aggravated DUI is a serious charge, with serious consequences and penalties. Arizona Motorists should be aware of the consequences and penalties of Aggravated DUI. (see Consequences of Aggravated DUI in this blog)

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations

Driving Under the Influence (DUI) in Arizona

2009-06-21T05:59:00.000-07:00

Driving Under the Influence (DUI) in Arizona

Driving Under the Influence (DUI) in Arizona is not just a traffic ticket. It is a crime. In Arizona DUI is a class 1 misdemeanor which is the most serious of the three categories of misdemeanors in Arizona. Arizona drivers should be educated as to what constitutes a DUI under Arizona law to avoid criminal consequences. A driver or someone in actual control of a vehicle can be convicted of DUI three different ways in the State of Arizona.

1. Impaired to the slightest degree
There is no actual 'legal limit' in the State of Arizona contrary to what many believe. If the State can prove that your ability to drive has been impaired to the slightest degree by the use of alcohol, drugs or any combination of drugs (including prescription) you may find yourself convicted of DUI.

2. .08% or more within two hours of driving
If the State can prove that your blood alcohol concentration is .08% or more within two hours of operating or being in control of a vehicle you may find yourself convicted of a DUI. At .08% you are presumed to be impaired. The additional charge of Extreme DUI with heavier penalties can be brought against you if the State is able to prove that your alcohol concentration is .15% or more within two hours of driving or being in actual control of a vehicle. The additional charge of Super Extreme DUI with even heavier penalties can be brought against you if the State is able to prove that your alcohol concentration is .20% or more within two hours of driving or being in Actual control of a vehicle.

3. Non-prescribed drug or its metabolite in the body
If your blood or urine contains a non-prescribed drug listed in A.R.S. 13-3401 (which is a listing of illegal drugs and drugs that require a prescription), and the State can prove you have been driving or in actual control of a vehicle, you may find yourself convicted of DUI.

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations

Consequences of Aggravated DUI

2009-06-20T07:28:00.000-07:00

Consequences of Aggravated DUI in Arizona

This is a discussion of the consequences and penalties for a class 4 Aggravated DUI in Arizona. (see What is Aggravated DUI? in this blog)

For consequences and penalties for a class 6 Aggravated DUI (see Consequences of DUI with Kids in the Car in this blog)

There are many serious consequences for an Aggravated DUI conviction in Arizona. What are the consequences of Aggravated DUI? If you are convicted of Aggravated DUI, a class 4 felony your penalties may include:

Felony Conviction (see Consequences of a Felony Conviction in this blog)

Felony Probation In sentencing the judge can elect whether to impose a prison sentence or place you on probation. You may receive up to 10 years of supervised probation. If the judge imposes probation, you are required to serve a minimum of four (4) months in prison as a term of that probation mandated by Arizona law.

Mandatory Prison For a first offense, the maximum penalty is 3.75 years in prison. The minimum prison sentence a judge can impose if you are convicted of Aggravated DUI is four (4) months in prison. That is four (4) months in the Department of Corrections with no work release or work furlough.

Mandatory Fines The mandatory fines and assessments can be distressing. Fines can be imposed up to $150,000.00, but usually you should expect several thousand.

Vehicle Forfeiture The State of Arizona can take your vehicle.

License Revocation Your license and privilege to drive will be revoked for a minimum of 3 years. This means you will not be able to drive at all for 3 years. You are not eligible to apply for any type of license for three years.

Interlock Device After you endure a minimum of three (3) years of your driver’s license being revoked, and are able to re-instate your driver’s license, you will still be required to install an interlock device on any vehicle you drive, sometimes for years to come.

Insurance After you endure the revocation, and are required to install an interlock device, you still may face great challenges in obtaining auto insurance.

Mandatory Classes You will be required to attend and complete alcohol or other drug screening, education or treatment from an approved facility.

Community Service You may be required to perform community service hours as part of the terms of probation.

Forever Prior Many felony convictions cannot be used to enhance future sentences after a specified period of time, this is not so with an Aggravated DUI conviction. There is not limitation placed on the amount of time the State may use a conviction for Aggravated DUI to enhance a future sentence.

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations

What is Aggressive Driving?

2009-06-18T08:00:00.000-07:00

What is Aggressive Driving?

In Arizona, Aggressive Driving is a crime. What is Aggressive Driving? The crime of Aggressive Driving is defined as a progression of unlawful driving that involves:

1) Speeding and at least two of the following violations:

Failure to obey a traffic control device.
Passing another vehicle on the right by driving off the main traveled portion of the roadway.
Unsafe lane change.
Following a vehicle too closely.
Failure to yield the right-of-way.

2) The accused person's driving must also be an immediate hazard to another person or vehicle.

Defense of an Aggressive Driving Charge

Just because and officer feels your driving was inappropriate or aggressive, does not mean that your driving behavior necessarily meets the elements of an Aggressive Driving charge. The fact that it is a criminal charge entitles you to all the protections afforded anyone charged with a crime. Because the charge is criminal, there will be a prosecutor involved. The prosecution must prove your Aggressive Driving charge by the same burden of proof that is necessary to prove a homicide case. Police officers who routinely come to court on civil traffic violations and have their civil traffic violations upheld with a much lower burden of proof, may find themselves unprepared to meet the burden of proof in a criminal case. There are very specific elements that must be proven beyond a reasonable doubt for the prosecutor to obtain an Aggressive Driving conviction.

Consequences of Aggressive Driving

A criminal conviction results in punishment. What is the punishment for Aggressive Driving? Arizona drivers should be aware of the consequences of Aggressive Driving. Depending on the facts of your case, driving history, and any other criminal history, the consequences of Aggressive Driving may include:

Jail time
Fines
Classes
Points accessed to your driving record
Potential suspension or revocation of your license
Higher insurance, cancellation of insurance, or denial of insurance
Conviction of a crime resulting in a criminal record
Effects on immigration status, visas, and passports
Probation
Community service
Impound of your vehicle

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations

Consequences of Excessive Speeding or Criminal Speeding?

2009-06-17T18:39:00.000-07:00

Consequences of Excessive Speeding / Criminal Speeding in Arizona?

What are the consequences of Excessive Speeding or Criminal Speeding? First of all, What is Excessive Speeding? What is Criminal Speeding? Is there a difference between Excessive Speeding and Criminal Speeding? Actually they are two different names for the same thing. Many motorists in Arizona are surprised to find themselves charged with a criminal offense for Speeding. In the statutes it is officially titled Excessive Speed, but often called Criminal Speed. What is Excessive Speeding or Criminal Speeding? In Arizona, if the State can prove that you were speeding 20 mph over the posted speed limit or in excess of 85 mph, you can be charged with the crime of Excessive Speeding or Criminal Speeding, subjecting you to possible jail time. Excessive (Criminal) Speeding is a class 3 misdemeanor in Arizona. (see Misdemeanors in Arizona in this blog)

Defenses to Excessive Speeding or Criminal Speeding

You are entitled to all the rights and protections afforded anyone charged with a crime. The State must prove your Excessive Speeding / Criminal Speeding charge with the same burden of prove necessary to prove any criminal case. Law enforcement officials and police officers who may be accustomed to coming into court on civil traffic speeding violations and having their citations upheld under a much lower burden of proof, may find themselves a bit more challenged to meet the burden of proof beyond a reasonable doubt as it necessary in a criminal case.

The State’s use of automated photo enforcement equipment to obtain an Excessive Speeding / Criminal Speeding charge can be problematic for the State. Police departments and cities often employ private photo enforcement companies to do their photo enforcement and testify in court. Often these private companies are not equipped to deal with the discovery requirements afforded someone accused of a crime in a criminal case. The State may be forced to dismiss the Excessive Speeding / Criminal Speeding charge. The fact that these private companies are profit organizations gives rise to motive and bias arguments.

Consequences of Excessive Speeding or Criminal Speeding

What are the consequences of Excessive Speeding / Criminal Speeding? Depending on the facts of your case and your driving history, the consequences of Excessive Speeding / Criminal Speeding may include:

Up to 30 days of jail time
Mandatory fines
Classes
Points accessed by Motor Vehicle Division (MVD) to your driving record
Potential suspension or revocation of your driver’s license
Higher insurance, cancellation, or denial of insurance
Conviction of a crime resulting in a criminal record
Effects on immigration status, visas, and passports
Probation
Community service
Having your vehicle impounded

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations

Consequences of Leaving the Scene of an Accident

2009-06-16T06:39:00.000-07:00

Consequences of Leaving the Scene of an Accident in Arizona

Arizona motorists should be aware of the consequences of Leaving the Scene of an Accident. Leaving the Scene of an Accident is a crime and is also sometimes referred to as Hit and Run. The consequences of Hit and Run are the same as the consequences of Leaving the Scene of an Accident. They are just two different names for the same crime. Officially under Arizona law it is referred to as Leaving the Scene of an Accident.

In Arizona, If you are ‘involved” in an accident, Arizona law requires you to stop or immediately return to the scene of the accident and provide your information and reasonable assistance. You should always err on the side of caution, because “involved” does not mean that you caused the accident or necessarily even physically collided with another vehicle.

The consequences of Leaving the Scene of an Accident vary considerably depending on the facts and circumstances. For example:

If you hit an unattended vehicle such as a parked car you may be charged with a class 3 misdemeanor.

If you hit a fixture or other property such as a sign or fence on a highway you may be also be charged with a class 3 misdemeanor.

If you were involved in an accident with an attended or occupied vehicle, and there were no injuries you may be charged with a class 2 misdemeanor.

If you were involved in an accident and there were injuries you may be charged a with a class 5 felony.

If you were involved in an accident and there were serious injuries or death you may be charged with a class 3 felony.

If you were involved in an accident and there were serious injuries or death and you caused the accident you may be charged with a class 2 felony.

Consequences of Leaving the Scene of an Accident may include:

A criminal record
A misdemeanor conviction (see Misdemeanors in Arizona in this blog)
A felony conviction (see Consequences of a Felony Conviction in this blog)
Driver’s license revocation for up to 5 years
Insurance cancellation or ineligibility
Probation
Community Service
Fines
Jail
Prison
A consecutive sentence to any other crime

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations

Consequences of a Felony Conviction

2009-06-15T10:01:00.000-07:00

Consequences of a Felony Conviction in Arizona

Consequences of a felony conviction can have a very negative impact on many aspects of your life. In Arizona, there are six (6) classes of felonies. A class six (6) felony is the least serious, with a class one (1) felony being the most serious. A felony is usually defined as a crime that is punishable by imprisonment for more than a year, or a crime that is punishable by death or a prison sentence served in a state penitentiary.

There are many potentially negative consequences of a felony conviction including mandatory fines, classes, jail, probation, community service, and possible prison. Other consequences of a felony conviction may include:

Losing the right to possess a firearm
Losing the right to possess a weapon
Losing the right to vote in elections
Becoming ineligible for immigration
Becoming ineligible for elected office
Becoming ineligible for professional licenses
Becoming ineligible for housing
Becoming ineligible to serve as a juror
Becoming ineligible for public benefits
Becoming ineligible for educational benefits
Negatively impacting parental rights
Negatively impacting divorce proceedings
Loss of present and future employment
Credit denial
Loan denial
Having a Criminal Record
Having to register for a criminal registry
Being tested and registered for a DNA data base
Negative social stigma

In Arizona, another consequence of a felony conviction is that it may result in the Motor Vehicle Division (MVD) revoking your driver’s license. Sometimes this revocation can be for several years. A revoked license means you cannot drive until your license is re-instated. If your license is revoked, you are not eligible to apply for re-instated driving privileges until the revocation period has elapsed. Driving while your license is revoked is a crime that can lead to additional periods of suspension, revocation and jail time.

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations

Consequences of a DUI with Kids in the Car?

2009-06-11T07:18:00.000-07:00

DUI with Kids in the Car (Aggravated DUI) in Arizona

Many people are surprised to find themselves charged with a felony after being stopped and charged with their very first DUI. In Arizona if the State can prove the elements of DUI and additionally that you had a child under fifteen (15) years of age in the vehicle at the time, then you will find yourself facing a felony. Consequences of a felony conviction can negatively impact many aspects of your life. (see Consequences of a Felony Conviction in this blog)

A DUI with kids in the car is called the crime of Aggravated DUI. It is also known as Aggravated DUI with kids in the car, Aggravated DUI with children, or Aggravated DUI a class 6 felony. There are two other types of Aggravated DUI, but this particular type is a class 6 felony in Arizona. In Arizona, a class 6 felony is the least serious class of felony, but a felony none the less.

A felony is usually defined as a crime that is punishable by imprisonment for more than a year, or a crime that is punishable by death or a prison sentence served in a state penitentiary.

Beyond mandatory fines, classes, jail, probation and possible prison, consequences of a felony conviction may include:

Loss of the right to possess a firearm
Loss of the right to vote in elections
Immigration ineligibility
Ineligibility for elected office
Ineligibility for professional licenses
Ineligibility for housing
Ineligibility to serve as a juror
Ineligibility for public benefits
Ineligibility for educational benefits
Negative impact on parental rights
Negative impact on divorce proceedings
Negative impact on employment
Negative impact on credit
Criminal Record
Criminal Registry
Negative social stigma

In Arizona, a conviction for Aggravated DUI with kids in the car will also lead to the Motor Vehicle Division (MVD) revoking your driver’s license for a minimum of three (3) years. A revoked license means you cannot drive at all until your license is re-instated. If your license is revoked for Aggravated DUI with kids in the car, you are not eligible to apply for re-instated driving privileges for a minimum of three (3) years.

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations

Defensive Driving School vs. Traffic Survival School

2009-06-08T17:23:00.000-07:00

Defensive Driving School (DDS) vs. Traffic Survival School (TSS) in Arizona. What is the Difference?

In Arizona it is important to discuss Defensive Driving School (DSS) vs. Traffic Survival School (TSS). People often refer to “traffic school” when they are referring to two very different courses. In Arizona, Defensive Driving School (DDS) is different from Traffic Survival School (TSS). You may be eligible to take a Defensive Driving School (DDS) course to remove a violation from your driving record otherwise known as your Motor Vehicle Record (MVR).

To be eligible for Defensive Driving School (DDS):
1) You must not have attended a Defensive Driving School (DDS) course with the past 2 years.
2) No one must have been seriously injured or killed in the incident that led to the violation you wish to remove by attending the Defensive Driving School (DDS) course.
3) You must not have a Commercial Driver’s License (CDL).

Attending a Defensive Driving School (DDS) course is typically done to remove a violation from one’s driving record and is voluntary and not required to maintain your privilege to drive.

Traffic Survival School (TSS) however is different story. Traffic Survival School (TSS) is ordered by a court or the Motor Vehicles Division (MVD) as a result of being found guilty or responsible for certain violations or a combination of multiple violations. There are many court adjudications that will trigger being required to attend Traffic Survival School (TSS). Some examples are criminal driving behavior, an accumulation of points due to multiple violations, more than one violation by a teenage driver or a single red light violation.

Important to note is the fact that if you plead responsible or guilty, or are found responsible or guilty for a violation that will result in being ordered to complete Traffic Survival School (TSS), you must drive carefully for the next 2 years. Arizona drivers should take note of the fact that once you have been required to attend a Traffic Survival School (TSS) course, any moving violation for the next 2 years will trigger a minimum 3 month suspension of your privilege to drive.

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations

Something to Consider Before you Plead Responsible to a Red Light Violation

2009-06-08T17:00:00.000-07:00

Traffic Survival School (TSS): Consider this Before you Plead Responsible on a Red Light Violation in Arizona

In Arizona, Defensive Driving School (DDS) is different from Traffic Survival School (TSS). You may be eligible to take a Defensive Driving School (DDS) course to remove a violation from your driving record otherwise known as your Motor Vehicle Record (MVR).

To be eligible for Defensive Driving School (DDS):
1) You must not have attended a Defensive Driving School (DDS) course with the past 2 years.
2) No one must have been seriously injured or killed in the incident that led to the violation you wish to remove by attending the Defensive Driving School (DDS) course.
3) You must not have a Commercial Driver’s License (CDL).

Attending a Defensive Driving School (DDS) course is typically done to remove a violation from one’s driving record and is voluntary and not required to maintain your privilege to drive.

Traffic Survival School (TSS) however is different story. Traffic Survival School (TSS) is ordered by a court or the Motor Vehicle Division (MVD) as a result of being found guilty or responsible for certain violations or a combination of multiple violations. There are many court adjudications that will trigger being required to attend Traffic Survival School (TSS). Some examples are criminal driving behavior, an accumulation of points due to multiple violations, or more than one violation by a teenage driver.

Important to note is the fact that if you plead responsible, or are found responsible for a red light violation Motor Vehicle Division (MVD) will require you to attend Traffic Survival School (TSS). Beyond the obvious expense and inconvenience, Arizona drivers should take note of the fact that once you have been required to attend a Traffic Survival School (TSS) course, any moving violation for the next 2 years will trigger a minimum 3 month suspension of your privilege to drive.

Arizona drivers who are now required to complete a Traffic Survival School (TSS) course as a result of a red light violation may find themselves facing the prospect of not being able to drive for a minimum of 3 months. This is true regardless of the fact that it may only be the second violation in your whole life. So if you choose to plead responsible to a red light violation, drive carefully for the next 2 years or you may not being driving at all.

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations

The Difference Between a Criminal Traffic and a Civil Traffic Case

2009-06-07T20:03:00.000-07:00

Criminal Traffic Violations vs. Civil Traffic Violations in Arizona

There are many differences in a civil traffic violaion vs. a criminal traffic violation. Civil violations are very different from criminal violations. You may find the below list is helpful in contrasting some of the differences between a criminal traffic vioaltion and a civil traffic violation in Arizona.

Criminal Traffic Violation

1. Handled in Criminal Court
2. Trial, possibly by a Jury
3. Rules of Evidence apply
4. Prosecutor is involved
5. You are subject to Cross-Examination by the Prosecutor
6. Standard of Proof = Beyond a Reasonable Doubt
7. The Rule of Exclusion applies
8. Discovery Rules apply
9. Jail is possible
10. You may be placed on Probation
11. Right to Counsel may apply
12. Mens Rea may be involved
13. Misdemeanor
14. Conviction will result in a Criminal Record
15. You may be arrested
16. May be found Guilty of a Crime
17. Failing to Appear = Warrant

Civil Traffic Violation

1. Handled in Traffic Court
2. Hearing only
3. Rules of Evidence do not apply
4. Generally there is no Prosecutor
5. You are not subject to Cross-Examination by the Officer
6. Standard of Proof = Preponderance of Evidence
7. The Rule of Exclusion does not apply
8. Discovery Rules do not apply
9. Jail is not a possibility
10. Probation is not a possiblity
11. Right to Counsel does not apply
12. No Mens Rea required
13. Civil Infraction
14. May result in a Driving Record (MVD) only
14. You cannot be arrested
16. You may be found Responsible for a Civil Infraction
17. Failing to Appear = Default

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations

Questions to Ask a Lawyer

2009-06-07T19:17:00.000-07:00

Questions to Ask Before Hiring a Lawyer?

You should ask questions before hiring a lawyer. What questions should you ask an attorney? Below is a list of questions to ask a lawyer before you hire the lawyer.

Who will be my Lawyer?
Will you be the lawyer who is actually handling my case?
Will you be the lawyer who shows up to court with me?
Will I be able to speak to you if I have a question or concern?

In many law firms, the person you initially meet with is not the person who ends up handling your case. Even the lawyer who is eventually assigned to your case may not be the same lawyer who actually shows up on your court date to handle your case.

What is it going to cost me?
Are there going to be any additional fees or costs?
If I choose to go to trial, is that and additional fee?

What is you experience?
What background do you have that qualifies you to handle my case?
What training do you have with in dealing with these issues?
Have you ever been a prosecutor? If so, where? and for how long?
What training do you have with the issues involved in my case?
How many cases like mine have you handled?
How often do you handle this specific type of case?
How often do you deal with this particular prosecutor?
How often do you appear in this court?
How often do you appear before this particular Judge?

Additional Questions:
What is your current caseload?
Why do you handle this specific type of case?
How long should I expect to wait to hear back from you if I have to leave a message for you?
Do you have any disciplinary record with the Arizona State Bar?
Do you have a disciplinary record with the state bar of any other state?
Why should I choose you as my lawyer?

Don’t be embarrassed to ask these questions of a lawyer and any others you might have. Your lawyer should be a professional and skilled communicator. If the lawyer doesn’t have time, seems annoyed or evasive, this should tell you something. If you feel like the question wasn’t directly answered, or not answered at all, this should also tell you something. Choosing the right lawyer is a very important decision that may affect the rest of your life, so take your time and don’t be afraid to ask your lawyer questions.

THE LAW OFFICE OF KARL A. MUELLER, PLC
Website: http://www.AzTrialLawyer.com/
Call (602) 697-8761
Free 24 Hour Consultations