Criminal Court Process

Published on: November 13, 2012

Why Choose the Law Offices of Trent R. Buckallew, PC

By Law Offices of Trent R. Buckallew, PC

If you have been charged with a crime in Phoenix, Arizona, or surrounding valley cities, you may be worried and apprehensive about the future. An experienced criminal defense attorney can launch an aggressive defense on your behalf and advocate for you in court. Whether you have been charged with a sex crime, internet crime, violent crime, DUI, drug crime, or any other criminal violation, it is critical to seek counsel from an attorney with proven results to assist in your defense. Mr. Buckallew is a Mesa area criminal defense lawyer with the experience and track record to handle any criminal matter in the valley and throughout the State of Arizona.

Check out our client testimonials page to see what others are saying about Attorney Trent Buckallew. He has been described as informative, personable, knowledgeable, and compassionate. Mr. Buckallew cares about each and every client and has a reputation for zealously defending his clients in court. He has extensive experience in conducting a thorough defense investigation, proven ability to litigate any legal issues which may exist in a case, and negotiating the most favorable resolution possible in each case. Mr. Buckallew has also taken countless cases to trial, including misdemeanor bench trials and complex felony jury trials, with many cases resulting in acquittals or hung juries.

Mr. Buckallew was born in San Diego, California and grew up in Tempe, Arizona. He received his Bachelor’s Degree in Justice Studies from Arizona State University (Tempe, AZ) and then attended the California Western School of Law (San Diego, CA) for his Juris Doctorate degree. From there, he passed the Arizona bar exam and accepted a position at the Mohave County Public Defender’s Office, and subsequently, moved to the Maricopa County Public Defender’s Office. At these public defense firms, Mr. Buckallew was able to gain invaluable trial experience and a greater understanding of the criminal justice system. During this time, he handled countless cases ranging from simple midemeanors to complex felony matters.

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Published on: October 3, 2012

Apache Junction Justice Court Cases

By Law Offices of Trent R. Buckallew, PC

The Apache Junction Justice Court is in Pinal County and located at 575 North Idaho Road, in Apache Junction, AZ. This court covers the San Tan Valley, Gold Canyon and Apache Junction. According to the court's website, the Apache Junction Justice Court ranks at number 17 out of 80 Justice Courts in Arizona for total case filings in 2011. There were just over 2,000 misdemeanor case filings, which included 410 DUI case filings, 76 serious traffic case filings and a variety of other non-DUI criminal filings. There were also close to 700 Orders of Protection and Injunctions against Harassment filed last year.

If you have been issued a misdemeanor DUI or criminal traffic citation or received a summons by mail for a misdemeanor incident occurring in the San Tan Valley, Gold Canyon, or Apache Junction, you will most likely be required to appear in Apache Junction Justice Court.

The Firm represents individuals charged with any criminal violation in the Apache Junction Justice Court, including (but not limited to), 1st Time DUI, Extreme DUI, Disorderly Conduct, Domestic Violence, Assault, Drug Crimes, Juvenile Crimes, Theft, Shoplifting, Contributing to the Delinquency of a Minor, Furnishing Alcohol to a Minor, Probation Violation, Interfering with Judicial Proceedings, and any other criminal charge.

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Published on: September 12, 2012

Extreme DUI Penalties

By Law Offices of Trent R. Buckallew, PC

An extreme misdemeanor DUI includes violations involving a BAC above a .15, but less than .20 (ARS 28-1382). If you have been charged with an extreme misdemeanor DUI charge in Tempe, AZ or surrounding valley cities, the government may impose harsh penalties. The maximum jail time for an Extreme DUI is 6 months. The minimum jail time is 30 days (21 may be suspended if ignition interlock device is installed on vehicle for 12 months). Fines and fees for an extreme DUI can total nearly $3,000.00 (including a $250.00 fine, 84% surcharge, $250.00 DUI Fund, $1,000 prison fund, $1,000 Public Safety Equipment Fund, $20 Time Pay Fee, $20 Probation Fee and $13 Assessment). Additional fees can include jail costs, probation fees, and cost for interlock ignition device (approx. $800-$1000 for 12 months). In addition to financial penalties, an extreme DUI conviction may result in a 90-day license suspension (30-day full suspension; then 60 days restricted driving permit to drive to/from work/school). Other penalties following a DUI conviction can include, possibility of probation (up to 5 years), alcohol / drug screening and classes, community work service, possibility of SR22 insurance (increased insurance rates), and interlock ignition device requirements (for alcohol related DUI).

If you have been charged with any type of alcohol or drug related DUI charge, this Firm can help. There are many possible defenses for DUI cases, including Procedural Defenses — such as illegal stop, illegal detention, illegal arrest, and/or illegal search; Factual Defenses —such as not under the influence, not operating vehicle, mistaken identity, blood alcohol level not greater than .08 within 2 hours of driving, necessity, mechanical defects of vehicle; and Forensic Defenses — such as testing methodology failure, incompetent lab technicians, contaminated blood draw, breath machine failures and limitations, contamination issues.

Mr. Buckallew has extensive experience in litigating DUI cases, including complex felony DUI's, and has a reputation for launching an aggressive defense on behalf of each client to ensure the most favorable outcome possible in each case. In addition to his law degree, Mr. Buckallew also has a Master's in Forensic Science degree, giving him a unique understanding of both the legal issues as well as the complexities of the science behind the evidence. He also belongs to many professional criminal and DUI defense organizations, such as the National College for DUI Defense, in order to keep informed of the ever-changing practice of DUI litigation. Mr. Buckallew was also recently elected as a National Trial Lawyers Top 100 Trial Attorney for 2012. The Firm handles DUI cases in Scottsdale, Phoenix, Gilbert, Mesa, Chandler, Tempe, Paradise Valley, Queen Creek, West Valley cities and throughout the State of Arizona.

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Published on: September 6, 2012

Labor Day DUI Arrests

By Law Offices of Trent R. Buckallew, PC

Law enforcement agencies across the Valley and throughout the State of Arizona partnered up for their annual DUI Task Force operations and conducted saturation patrols and checkpoints, enforcing DUI and other traffic laws over this past Labor Day weekend. As in years past, officers made thousands of traffic stops – more than 11,000 – and nabbed several hundred driver's for DUI, although, the final numbers represent fewer arrests than in previous years.

According to reports from the Governor's Office of Highway Safety, officers made a total of 564 DUI arrests – 60 of those arrests were for Aggravated DUI with 37 of those due to prior arrest records, and the remaining Aggravated DUI arrests resulted from either driving on a suspended/restricted/revoked driver's license or driving with a minor child (under the age of 15) in the car. An Aggravated DUI is classified as a felony, and can be charged as either a Class 4 Felony (if for example, this was a 3^rd DUI or a license issue) or a Class 6 Felony (if for example, there was a minor child in the car).

The remaining 504 DUI arrests were cited as Misdemeanor DUI charges, with 170 arrests for Extreme DUI, meaning that the driver's blood alcohol content (BAC) was 0.15 or higher. Another 41 arrests were for Under 21 DUI (Underage DUI), and 154 Under 21 Liquor Violations – likely Minor in Consumption, Minor in Possession or Underage Drinking violations. There were also 92 DUI Drug arrests, which involve having any narcotics drugs, illegally obtained prescription medications, marijuana, or any other prohibited substances or their metabolites in your system.

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Published on: August 21, 2012

Crimes Involving Moral Turpitude

By Law Offices of Trent R. Buckallew, PC

What is a crime involving moral turpitude?

According to Black's Law Dictionary, moral turpitude is defined as "Conduct that is contrary to justice, honesty or morality." It is important to understand the consequences if convicted of a crime involving moral turpitude (CIMT), particularly as it relates to immigration matters. These types of crimes can also have an impact on a person's ability to pursue meaningful employment, as prospective employers may call into question, a person's honesty or integrity if these types of crimes are found during a background search.

What types of crimes are deemed to be crimes involving moral turpitude? The more common crimes include the following:

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Published on: August 16, 2012

Are Bath Salts Illegal in AZ?

By Law Offices of Trent R. Buckallew, PC

Are 'Bath Salts' Illegal in Arizona?

According to a recent article by Arizona State University's State Press, Arizona Senate and House Bills were recently signed into law by Governor Brewer, making the "creation, sale and use" of chemicals used in making Bath Salts illegal in the State of Arizona. These designer drugs have become increasingly sought-after given the widespread availability and access to these drugs, the ease in which they can be made, and the belief that the affects mimic those of methamphetamines, ecstasy and cocaine. One of the growing concerns is that it is easy to circumvent existing laws against these types of drugs – Bath Salts (other common names include Blue Silk, Cloud 9, Drone, Stardust, Vanilla Sky, and White Lightning), Spices, and other similar drugs, by substituting one or more of the 'banned' ingredients. Some of the reported effects after ingesting these kinds of drugs have included nausea, paranioa, elevated heart rate, irritability, aggressive and violent behavior, hallucinations, seizures, and perspiration which can lead to individuals removing their clothing and subsequently being found naked after using Bath Salts. Local news reports also cite an addiction specialist at a drug and alcohol rehab center in Scottsdale who has indicated that addiction to bath salts has increased over 200 percent in the past 6 months. U.S. Poison Control Centers have also reported a massive increase in the number of Bath Salts related calls received, with zero reports in 2009, 302 reports in 2010 and 4,000 reports in 2011, according to a news release by the City of Tucson Police Department.

According to the Phoenix New Times, the Tempe Police Department has reported multiple allegations recently of individuals affected by Bath Salts. In one instance, a 23-year old was allegedly found slamming himself against walls and then running nude through a Tempe neighborhood after admitting to ingesting Bath Salts. In another incident, a 21-year old crashed his truck in a parking garage of an apartment complex near Arizona State University. According to witnesses, the individual was fully naked when he got out of his vehicle, and later admitted to police that he had taken Bath Salts. According to court documents, this individual – an ASU student, now has a DUI charge pending against him. In the third instance, an 18-year old was found in the bathroom at a local coffee shop in Tempe, allegedly barricading himself in the bathroom and when entry was gained by Tempe Police, he was said to be completely naked, acting delusional and claimed he was being eaten alive by bugs. Police say he is facing a criminal damage charge as the bathroom was allegedly "trashed" with broken mirrors and covered with "quite a bit of blood". There was also a recent case where Tempe Police pulled a naked man out of Tempe Town Lake and another report of a carjacking in Scottsdale by a naked man – both allegedly under the effects of Bath Salts.

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Published on: August 10, 2012

Restraining Orders in Scottsdale, AZ

By Law Offices of Trent R. Buckallew, PC

What are Protective Orders?

Individuals seeking to restrain a person from acts of domestic violence, harassment, coming near a residence, place of employment or school can obtain a Protective Order in any court in the State of Arizona. If you reside in Scottsdale, chances are you will be seeking an order in the Scottsdale City Court, or other nearby City/Municipal or Justice Courts in your community, including Paradise Valley Municipal Court, Biltmore Arcadia Justice Court, Desert Ridge Justice Court or McDowell Mountain Justice Court. An Order of Protection is generally requested when an individual is seeking protection against a spouse, former spouse, roommate, or other blood relative. If the person you are requesting the Order against does not qualify as a spouse, relative, roommate, or other designated domestic relationship, you will need to request an Injunction Against Harassment instead of an Order of Protection. An Injunction is typically sought when disputes arise between neighbors, co-workers, or other non-domestic relationships.

When requesting an Order of Protection, a Judge can issue the Order if he/she finds that the defendant may, or has committed an act of domestic violence. Domestic Violence Crimes can include Assault or Aggravated Assault, Child Abuse, Criminal Damage, Crimes Against Children, Disorderly Conduct, Harassment, Threatening and Intimidating and other related crimes. The Judge may order either party not to commit acts of Domestic Violence; prevent either party from coming near the residence or place of employment; grant one party full use of the residence; and order any other relief that may be necessary to ensure protection. The Judge may also prohibit the Defendant from possessing or purchasing any firearms as a condition of the Order, and shall subsequently order the Defendant to turn over any firearms to the appropriate law enforcement agency.

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Published on: July 9, 2012

4th of July DUI

By Law Offices of Trent R. Buckallew, PC

Arizona DUI task force patrols were in full force across the state over the 4^th of July holiday, nabbing drunken drivers. According to the director of the Governor's Office of Highway Safety, Alberto Gutier, around 50 agencies participated in the patrols during the week of July 4^th. Included in the East Valley DUI task force were Gilbert, Tempe, Mesa and Chandler police departments, focusing on the eastern suburbs of metro Phoenix, including roads leading to Lake Pleasant.

According to local news reports, the statewide DUI task force led to 108 arrests, and 33 of those arrests were for extreme DUI, meaning the drivers blood-alcohol content (BAC) was between a .15 BAC (but less than .20 BAC).

If you have been charged with a DUI, the penalties can be significant and will depend upon many factors, including your blood alcohol content (BAC), prior history of DUI convictions, minor children in the car at the time of the DUI, involved in a car accident at the time of the DUI, or driving on a suspended/revoked driver's license at the time of the stop. The penalties for a first time DUI can include jail time, fees and fines, possible probation, alcohol/drug screening and classes, community work service, SR22 insurance, and ignition interlock device. The penalties increase if your DUI involved other factors, as mentioned above. Given the harsh penalties resulting from DUI charges in the State of Arizona, it is important to seek legal advice and ensure you understand your options before making any decisions regarding your case.

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Published on: June 7, 2012

Penalties – 1st Time Misdemeanor DUI in AZ

By Law Offices of Trent R. Buckallew, PC

Penalties – 1^st Time Misdemeanor DUI in AZ

A first time misdemeanor DUI includes violations involving, impaired to the slightest degree, above a .08 (BAC), any drug, any drug metabolite, or vapor releasing substance (ARS 28-1381). If you have been charged with a 1st time misdemeanor DUI charge, the penalties can be significant and the consequences long lasting. The maximum jail time for a misdemeanor DUI is 6 months. The minimum jail time is 10 days (9 may be suspended upon successful completion of alcohol classes or Continuous Alcohol Monitoring Program). Financial penalties for a first time DUI are steep and can include fines, court assessments and surcharges of approximately $1500.00, plus additional costs for alcohol screening and classes, jail costs, MADD Victim Impact Panel, and interlock ignition device (approximately $800-$1,000 for 12 months). In addition to financial penalties, a 1^st time DUI conviction may result in a 90-day license suspension (1 year revocation if convicted of drug related DUI). Other penalties following a DUI conviction can include, possibility of probation (up to 5 years), alcohol / drug screening and classes, community work service, possibility of SR22 insurance (increased insurance rates), and interlock ignition device requirements (for alcohol related DUI). The penalties become more harsh if a person has prior DUI's, higher BAC levels, was involved in a car accident at time of DUI, had minor children in the car at time of DUI, or were driving on a suspended driver's license at time of DUI.

When facing DUI charges and the significant consequences if convicted, it is critical to consult with an experienced attorney regarding your legal options before you make any decisions in your case. Mr. Buckallew is an experienced litigator with extensive trial experience in both DUI and criminal cases. In addition to his law degree, he also holds a Master's in Forensic Science (M.F.S.) degree, giving him unique insight and expertise in challenging the scientific evidence in your case. The Firm will vigorously advocate on your behalf, and has a proven track record in successfully resolving serious and complex criminal and DUI cases. Early involvement by the Firm is critical to ensure that your rights are protected throughout every stage of the case. A full investigation of the evidence against you will be undertaken as the first priority. Through the course of his investigation, the attorney will identify any potential legal, procedural, or factual weaknesses in the case and determine the best course of action in resolving the case under the most favorable terms possible.

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Published on: April 30, 2012

Tempe Underage Drinking Enforcement Campaign

By Law Offices of Trent R. Buckallew, PC

Tempe Underage Drinking Enforcement Campaign

According to recent reports by the AZ Republic, police have made 270 alcohol-related arrests as a result of Tempe's Youth Alcohol Enforcement campaign targeting underage drinking and drunk driving. The Tempe Police Department, along with ASU Police and other state law enforcement agencies kicked off the campaign in an effort to reduce crimes often associated with alcohol and DUI violations, such as violence, disorderly conduct or disturbance of the peace (i.e. loud parties and gatherings) as well as injury or fatal auto collisions and other criminal violations. The crackdown included 184 underage drinking/minor in consumption arrests, 45 for possession of alcohol by a minor/minor in possession, nine for providing alcohol to minors, 17 DUI arrests, one aggravated DUI arrest, two DUI under 21 arrests, 22 loud party responses and the seizure of seven kegs. The enforcement campaign will conclude the first week of May, after ASU graduation ceremonies/parties and police will be highly visible in downtown Tempe and patrolling throughout the city during this time.

If you (or your child) have been charged with Underage Drinking, Minor in Possession/Minor in Consumption of Alcohol, Public Intoxication, False ID, DUI, Disorderly Conduct / Disturbing the Peace or any other violation related to Underage Drinking, you may be able to defend these charges in court. The consequences can be significant and leave a permanent mark on your criminal record so it is critical to seek the advice of counsel to determine your legal options before you make any decisions regarding your case. Penalties associated with Underage Drinking/Underage DUI related violations can include, jail time, community work service, alcohol classes and treatment, license suspension, fees/fines, and even possible suspension or expulsion from school and/or athletic teams. Some of the legal factors a defense attorney will explore include, determining whether you actually violated any city or state law; whether the arresting agency followed the law; whether or not your conduct constitutes a criminal violation and whether you have any other legal, factual or procedural defense(s) in your case. With a strong East Valley presence, the Firm has represented countless individuals, including many ASU students, who have been charged with criminal misdemeanor and alcohol related violations in Tempe and surrounding cities throughout the Valley. Contact the Firm today for a free evaluation of your case.

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