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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Can I get the other party to pay my attorneys fees?
The court may award attorney’s fees after considering the financial resources of both parties and the reasonableness of the positions each party has taken throughout the proceedings.
How can we help?
Our firm has experienced family law attorneys that understand the complexities involved in this area. Property Division, maintenance, child custody, and child support are issues that are too important to be left to chance. In addition, our attorneys are able to often obtain, after the fact, modifications in awards that a party may feel is unfair. Whether starting, responding, or attempting to modify a domestic relations order or decree, experienced legal help is often needed to successfully obtain the desired result. Make sure that you protect your, or a loved ones', rights by speaking with an experienced lawyer today.
For a review of your case, please contact Curry, Pearson & Wooten, PLC at 602-258-1000. This site contains general information that is intended to be accurate and up to date. It is not intended to provide legal advice. For legal advice, please personally consult with an experienced attorney. For further information, see our “Disclaimer”.
Do I Need to Hire a Criminal Defense Attorney?
Yes, in most instances if you are unfamiliar with the legal process, and/or you have no legal training. A criminal defense attorney can help you understand your rights if you are arrested, reduce bail if you are eligible for bail, seek a bail reduction if you cannot afford bail, navigate the criminal process after an arrest and explain and preserve your constitutional rights. In some instances, certain results are fairly typical and representation may not be needed such as propostion 200 eligible cases.
Can I beRepresented prior to Criminal Charges being Filed?
Yes; we call such representation pre-charge representation. Here, we seek to investigate your case and provide representation if you have
been contacted by law enforcement. In addition, we make sure that you fully understand your rights if you are conerned about being
arrested. In some most cases, we contact law enforcement to make them aware of exculpatory facts or facts proving you did not commit
a crime. We seek to prevent criminal charges if possible. Our goal is to ease your concerns regarding the criminal case and to educate you concerning
your legal rights.
What are Miranda Warningsand Why are they Necessary ?
. Following an arrest, you will be handcuffed and read your "Miranda Rights", as follows: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present before and during any questioning. If you cannot afford an attorney, one will be appointed to represent you before any questioning. Do you understand these rights?
These rights are present to protect you from making statements that will later be used against you. Simply state that you wish to speak to your defense attorney. Note: If the questioning continues after you have requested to remain silent and consult with your lawyer, your case may be dismissed for violations of these rights. Additionally, motions can be filed to suppress all evidence obtained after the violation.
What happens after I am arrested, read my Miranda Rights and taken to jail?
Within the next 24 hours you will appear before the Judge or Judge Magistrate who may set a bond for appearance in court. If you cannot post bond, you may be incarcerated pending appearance in court. Depending on your charges, if you qualify for release with bond, and can post it, you will remain free pending your appearance at what is called an arraignment. The arraignment is held before a judge who formally tells you the offense for which you are being charged. The judge will then inform you of your constitutional rights and of the possible penalties involved. You will enter a plea of guilty or not-guilty at this time, the bond or bail may be reviewed, and a date for the next hearing is scheduled.
What is the difference between an Aggravated DUI and an Extreme DUI?
In Arizona, an "Aggravated" DUI is a felony. A DUI can be charged as an Aggravated DUI when the following situations apply:
- A child under 15 years old was in the car;
- A person's driver's license was suspended, revoked, or restricted at the time of the DUI;
- A person has two prior DUI convictions within the last 84 months (7 years).
An "Extreme" DUI is related to the blood/breath alcohol test results. If a person has a test result of a .15 BAC (blood alcohol concentration) or above, then the person can be charged with Extreme DUI. An Extreme DUI conviction comes with increased penalties but is still a misdemeanor. If a person has a test result of a .20 BAC or above, then the person can be charged with "Super Extreme DUI" and the penalties are further increased.
If I get a DUI conviction, how long will my driver's license be suspended?
Typically, the Arizona Motor Vehicle Department (MVD) will suspend a person's driver's license for 90 days for a first offense misdemeanor DUI. A person may be eligible for a restricted license, which allows the person to drive to work, treatment, etc. for 60 of those days. Eligibility for the restricted license is usually based upon the person's prior driving record. A person should check with the MVD to see if they are eligible for this restrictive license. It is very important that a person reinstate their driving privilege after the suspension period. It doesn't just automatically get reinstated. Usually, that requires payment of a reinstatement fee and possibly other requirements required by MVD. If a person fails to reinstate their license, it continues to be suspended until they do so. A felony DUI conviction results in a revocation of the person's driver's license for up to 3 years. There is no allowance for a restricted license in this situation. If a person has an out-of-state driver's license, Arizona may report the conviction to the licensing state and that state may take action on the person's license as well.
Do I really need a lawyer to represent me in a DUI case when I know I drank too much and shouldn't have been driving?
Even if a person feels that they're actions may have been wrong, a DUI conviction in Arizona carries heavy consequences including incarceration, large fines, substance abuse counseling, suspension or revocation of driving privileges, and increased insurance rates. Each case is unique as to the facts and issues. A lawyer who is experienced in DUI defense knows what to look for in investigating a DUI case that could possibly lead to a dismissal or reduction of the charges. For example, there may be problems with the breath or blood test, or a lack of probable cause to arrest, or an invalid basis for the officer to stop the car. A good lawyer will be able to identify any issues and determine if any legal challenges are appropriate to the case. It's possible to get a good outcome to a bad situation.
If I have to serve jail time, will I be able to get out of jail to go to work?
If a person is convicted of a misdemeanor that requires a person to serve jail time as opposed to prison time, Arizona law allows the court to order "work release" for up to 5 days per week. If the conviction is for DUI, the person must serve 24 hours before starting work release. If the conviction is for Extreme or Super- Extreme DUI, then 48 hours must be served before starting work release. Many courts, but not all, offer a "home arrest" program for people who are sentenced to serve more than 15 days in jail. The judge usually decides whether to grant the option of home arrest. Typically, the first 15 days must be served in jail (with work release available) before the person starts on the home arrest program. If a felony conviction results in a prison sentence, the person will not be released during the incarceration.