Arizona DUI & Criminal Defense Lawyer Blog
The Firm represents individuals charged with any misdemeanor violation as well as matters involving order's of protection, restraining order's and violation of restraining orders in the Gilbert Municipal Court. A class 1 misdemeanor in Arizona carries a maximum penalty of up to 6 months in jail and $2,500 fine (plus surcharges). If you have been issued a criminal traffic citation or received a summons by mail in the Town of Gilbert, you will be required to appear in court for your Arraignment hearing. A failure to appear in court on your Arraignment date, or any other criminal court date could result in a warrant for your arrest and trial could also proceed in your absence. What can you expect at your Arraignment hearing? At this hearing, you will enter one of three pleas to the charges you are facing, 1) a plea of Not Guilty, 2) a plea of Guilty, or 3) a plea of No Contest. It is critical to seek the advice of counsel and understand the consequences of each of these plea options before making any decisions. Depending on how you plea to the court will determine the next steps in your case.
If you enter of plea of Guilty or a plea of No Contest, the next step will be sentencing which may result in a criminal record, fees and fines, jail and/or probation, possible DMV consequences, possible immigration consequences and required classes, such as alcohol, anger management or other types of classes. Before making these decisions, it is advisable to seek the advice of counsel to understand your rights and legal options.
If you enter a plea of Not Guilty, the Court will set your case for a Pre-Trial Conference hearing. At the Pre-Trial Conference hearing, you and your attorney will have an opportunity to discuss your case with the assigned prosecutor, obtain copies of the discovery, which could include the complaint, police report, witness statements, photographs, audio/video recordings, blood/urine/breath results, and any other evidence the prosecutor will use to prove their case against you in court. If you and your attorney are able to negotiate an acceptable plea resolution at this time then your case will be set for a change of plea and sentencing hearing. However, if the parties are unable to reach agreement on acceptable terms for case resolution, your case may then be set for a bench or jury trial. Whether you are eligible for a jury trial will depend on what type of charges you have pending. Your attorney will be able to advise whether or not your case is eligible for a jury trial. This Firm has handled countless misdemeanor cases and has achieved favorable outcomes in these types of cases, ranging from full dismissal of charges, to acquittal after bench or jury trials, to settling the case to a reduced charged. Every case presents with a unique set of circumstances and no guarantees can be made as to the outcome of your case. The attorney has a reputation for zealously defending each of his clients and will launch an aggressive defense on your behalf.
In the event you are found guilty at trial, you have the right to appeal your conviction but be sure to pay close attention to your appeal deadlines which will be provided to you by the sentencing Judge. You have fourteen days from the date of sentencing to file your Notice of Appeal with the Gilbert Municipal Court. The Firm also handles appeals for convictions in the Gilbert Municipal Court so contact the Firm for a free consultation regarding your appeal rights, including petitions for post-conviction relief (PCR), special actions, claims of ineffective assistance of counsel, and petitions for clemency.
The Firm also represents individuals in matters involving order's of protection, restraining orders, and violations of restraining orders. For more information on these matter's, please click here.
Contact the Firm today for your free consultation regarding any criminal charge in the Gilbert Municipal Court at (602) 825-3300.