We know you have questions. We have your answers.
*These responses cover most but not every scenario. If you have additional questions or want to discuss your individual case, feel free to contact Curry, Pearson & Wooten P.L.C. We are here to help you.
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What is criminal discovery in Arizona and how does it relate to my Tempe DUI case?
In legal terms, "discovery" is the process by which your Tempe DUI lawyer will obtain information about your case. During discovery, information from the prosecution, the police, and your own lawyer is obtained and disclosed. This includes information such as, but not limited to:
- Police reports
- Recordings of 911 calls
- Laboratory tests, including your blood alcohol level or breathalyzer results
- Video tapes from the scene
- Witness statements
- Photographs of the scene
- Physical evidence
Additionally, your Tempe DUI attorney may ask certain experts to review the evidence in your case. Keep in mind that not all information is disclosed to you or to the prosecution. For example, statements between you and your Tempe DUI lawyer will not be shared with the prosecution.
The criminal discovery process in Arizona can be confusing and may take a long time. If you have any questions or concerns about the discovery procedure in a Tempe DUI case, contact an experienced Tempe criminal lawyer today at 1-888-929-5292.
What is an ignition interlock device and how could it affect me after a Tempe DUI?
Arizona DUI laws are tough, and it's possible that an ignition interlock device (IID) will be ordered in your Tempe drunk driving case. About the size of a cell phone, the IID is a small device that connects to the ignition of your vehicle. You will need to blow into the device each time you want to start your car and possibly also randomly as you drive. You will need to pull over before you can safely perform a random breath test on the road. A first-time DUI offender can expect to be required to have an IID for one year.
These devices are expensive, costing around $1,000 over the course of the year.
If you fail a breath test with an IID, that failure is logged and could mean you'll end up with a license suspension and/or probation violation. If you're caught driving a vehicle without an IID during the required period, then you will be charged.
If you have any questions about your Arizona DUI offense, contact an experienced Tempe DUI lawyer today at 1-888-929-5292. Also, request a FREE copy of DUI's in Arizona - What You Must Know.
What happens if I am picked up for a Tempe DUI, but I am under the age of 21?
An underage DUI in Tempe can have serious consequences. If you are convicted, you could face jail time, license suspension, fines, and even consequences on campus if you are a student.
If Your Blood Alcohol Content Is Under .08:
If your blood alcohol content is under .08 (the legal limit), you can still be charged with a DUI in Tempe if you are under the age of 21 at the time of arrest. There is a separate set of rules specifically for underage DUI offenses in Arizona, which means you could face a 2-year license suspension and misdemeanor charges. This can apply if there is any trace of alcohol in your body.
If Your Blood Alcohol Content Is Over .08:
If your blood alcohol content is over .08, you will be subject to all of the same penalties for a DUI in Tempe as a person who is over the age of 21. In fact, because it was an underage DUI offense, the judge may choose to punish you more harshly than a person with a similar offense who is over the age of 21.
If you have been arrested for driving drunk underage in Tempe, contact a friendly Tempe DUI lawyer right away at 1-888-929-5292. We will never charge you for your first consultation, and we also offer a free book to students: DUI's in Arizona - What You Must Know.
I was arrested for drunk driving in Tempe, and my blood test results showed that I was over the legal limit. Should I request a civil hearing?
How you proceed after receiving your blood test results depends on your DUI history and the circumstances of your case. Before you make any decisions, it would be extremely wise to contact an experienced Tempe DUI lawyer who can explain your rights and options.
As a general guideline, however, choosing a civil hearing in your Arizona DUI case may be the best plan. Requesting a civil hearing will often delay your license suspension, and may eventually mean the suspension is voided. Additionally, it will allow you to look at the case against you and possibly get statements under oath that could be helpful to your case.
If you do choose a hearing, it is important to note that very few Arizona DUI cases are ever dismissed. The real advantage to a civil hearing is that it can give you time to prepare for the license suspension. If it would be better for you to serve the license suspension as soon as possible, then you may want to skip the civil hearing.
Don't try to handle an Arizona DUI arrest on your own. Call the experienced and friendly Tempe DUI lawyers with Curry, Pearson & Wooten today at 1-888-929-5292 to request a copy of our helpful book, DUI's in Arizona - What You Must Know.
Is it considered murder in Arizona if the victim is an unborn child?
Yes, a person may be charged with murder if he or she causes the death of an unborn child at any stage of development in the womb. However, there are some circumstances under which this is not legally considered an Arizona homicide, including:
- If you are performing an abortion with the consent of the pregnant woman or the consent of a person authorized to act on the pregnant woman's behalf;
- If you are performing medical treatment on the pregnant woman or the pregnant woman's unborn child;
- If you are the unborn child's mother.
If you have been arrested for murder in Arizona, don't wait too long to contact a Phoenix homicide defense attorney at 1-888-929-5292. We can look at all of the details of your case and explain your rights honestly and clearly, and we will do everything in our power to defend you. Our Maricopa County criminal defense lawyers understand what it takes to build strong defenses and are familiar with the entire criminal law process. Also, don't forget to read through our FREE book, Arizona Criminal Law - What You Must Know.
What is the difference in punishment between a felony and a misdemeanor in Arizona?
A felony is a much more serious crime than a misdemeanor, and that is probably best reflected in the presumptive prison sentences for each:
Misdemeanors in Arizona
- Class 3: 30 days
- Class 2: 4 months
- Class 1: 6 months
Felonies in Arizona
- Class 6: 1 year
- Class 5: 1.5 years
- Class 4: 2.5 years
- Class 3: 3.5 years
- Class 2: 5 years
- Class 1: 25 years to life (potential death penalty for first degree murder)
In addition, felony sentences are generally carried out in a state prison instead of a local jail. Some misdemeanors are punishable by fines instead of jail time. In some cases, such as assault versus aggravated assault, specific circumstances determine how the crime is classified and how severe the punishment will be.
If you have been charged with a felony in Maricopa County and have questions about your case, contact an experienced Phoenix criminal defense lawyer today at 888-929-5292. Our law firm has extensive experience in representing criminal cases throughout Maricopa County, and our goal is to make a difference for each and every one of our clients. If you have more questions about your Arizona criminal case, request a copy of our free book, Arizona Criminal Law - What You Must Know.
My son was arrested in Arizona, and he's only 15. He'll definitely go through the juvenile court system, right?
It's a common misconception that all minors will be tried in juvenile court. Although the AZ juvenile court system was designed to handle minors under the age of 18, it's not always as simple as that. For example, minors under the age of seven are not usually tried at all, although you may be held liable as a parent. And some minors may be transferred into the adult court system and tried as an adult, depending on considerations such as the severity of the crime and the appearance of the minor when speaking with the judge. In fact, it is becoming increasingly common for judges to transfer minors between the ages of 15 and 18 to the adult court system.
If you aren't sure what to expect in your child's Arizona juvenile offense case, contact a Phoenix criminal defense lawyer as soon as possible. Give us a call today at 1-888-929-5292 or 602-258-1000. We want to help you understand your child's rights so that you can better protect his or her future.
Do I need a Phoenix criminal lawyer if I have been accused of unlawfully discharging a firearm?
Yes. The unlawful discharge of a firearm is considered a criminal offense in Arizona. Therefore, don’t expect the prosecution to go easy on you. They view weapons charges as serious offenses and will try to make sure you pay for your alleged crime.
An experienced Phoenix criminal lawyer will be able to review the details of the allegations, as well as the circumstances, to build a strong defense on your behalf. An attorney will be able to explain your legal rights and help you get your charges either dropped or lessened.
If you have been accused of unlawfully discharging a firearm, don’t wait to talk with an attorney. You don’t want to do or say something that could make your situation worse. For a free case evaluation or to find out how you might be defended, contact the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
For more information about Arizona weapons offenses, read our article, What to do if You Have Been Charged with an Arizona Weapons Offense. You should also order our free book, Arizona Criminal Law - What You Must Know.
Should I talk to the police if I am being investigated for armed robbery in Arizona?
If you have been accused of robbery in Arizona, it is not a charge you should take lightly. If you are found guilty, you could be facing many years in jail.
It is important that if you are being investigated for robbery that you do not talk to the police. You have probably heard the phrase, “you have the right to remain silent.” This is more than just a saying. It is your right under the law. If you are being questioned, you need to clearly state that you are invoking your right to remain silent. Then, you should call a Phoenix criminal lawyer.
At the law firm of Curry, Pearson & Wooten, PLC, one of our experienced Arizona criminal lawyers will be able to explain your rights under the law and the possible defense applicable in your case. You can reach us by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
Be sure to order a FREE copy of our book, Arizona Criminal Law - What You Must Know. It will answer many of your questions regarding criminal cases in Arizona.
Who must give consent for an adoption in Arizona?
Arizona law is very specific regarding who will need to provide consent for adoption. According to the statutes, the birth mother must give her consent to the adoption. The birth father will also need to provide his consent if he was married to the birth mother at the time the baby was conceived, currently has the adoptive child or if he has established paternity.
If the child has been placed with a guardian or agency for adoption, that guardian or agency will need to provide consent to the adoption. The child’s consent will also be considered if he or she is twelve years or older.
There are also many circumstances in which parental consent is not needed. It is best to talk with an experienced Arizona adoption lawyer who will be able to explain consent in more detail.
For legal advice or additional answers to your questions, feel free to contact the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292). You can also read our article, 7 Common Questions Asked About Arizona Adoption, which will provide more insight into Arizona adoption.