Arizona DUI & Criminal Defense Lawyer Blog

Published on: March 18, 2012

San Tan Regional Court Criminal Cases

By Law Offices of Trent R. Buckallew, PC

With a strong East Valley presence, the Firm has represented countless individuals in the San Tan Regional Court Center, located in Chandler, Arizona. This regional court center houses the Kyrene Justice Court, University Lakes Justice Court, San Marcos Justice Court and the San Tan Justice Court. The primary law enforcement agencies that cite into these Justice Courts include (but are not limited to): Maricopa County Sherriff’s Office (MCSO), Arizona Department of Public Safety-Highway Patrol (DPS), Arizona State University Police Department (ASU PD), and Gila River Tribal Police (non-Indian concurrent jurisdiction matters). These Justice Courts hear criminal misdemeanor cases, which can carry maximum penalties including fines of up to $2,500 (plus surcharges) and incarceration in county jail for up to 6 months (class 1 misdemeanors).

The Firm represents individuals in all types of matters in the San Tan Regional Court Center, including (but not limited to) cases involving criminal misdemeanor and criminal traffic violations such as DUI/DWI/OUI, domestic violence cases, assault, disorderly conduct, criminal damage, aggressive driving, reckless driving, theft, forgery, misconduct involving weapons, and drug violations. The Firm also handles matters involving orders of protection, injunctions against harassment, interference with judicial proceedings and orders of protection violations.

If you have been arrested by MCSO, DPS, ASU PD, Tribal Police, or any other law enforcement agency in the State of Arizona and cited into the San Tan Regional Court Center, including the Kyrene Justice Court, San Tan Justice Court, University Lakes Justice Court or the San Marcos Justice Court, contact the Firm today for a free evaluation of your case.

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Published on: March 15, 2012

Chandler Municipal Court Misdemeanor Charges

By Law Offices of Trent R. Buckallew, PC

The Firm represents individuals charged with any misdemeanor violation in the Chandler Municipal Court — including, DUI/DWI, Assault, Disorderly Conduct, Criminal Damage, Criminal Traffic Violations such as Aggressive Driving or Reckless Driving, Domestic Violence, Drug Violations, Endangerment, Interfering with Judicial Proceedings/Violation of Restraining Order, Order of Protection, Juvenile Crimes, Shoplifting, Theft, Threatening or Intimidating, Underage Drinking and all other misdemeanor violations. The Firm also handles appeals. 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 City of Chandler, 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.

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Published on: March 14, 2012

Misdemeanor charges in Gilbert, AZ

By Law Offices of Trent R. Buckallew, PC

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.

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Published on: March 7, 2012

Reckless Driving Ticket

By Law Offices of Trent R. Buckallew, PC

Reckless Driving Ticket in AZ

A reckless driving ticket in AZ is a serious criminal traffic violation in terms of associated penalties upon conviction. Reckless driving is defined in section 28-693 of the Arizona Revised Statutes as:

A person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving.
A person convicted of reckless driving is guilty of a class 2 misdemeanor.

The penalties associated with a reckless driving conviction (first offense) can include up to a maximum of 4 months in jail, a $750.00 fine (plus 84% surcharge) and suspension of driving privileges for up to 90 days. In addition, this is 8 points against your driver's license and can also cause a substantial increase in your car insurance rates. If a person has a prior history of reckless driving within a 24 month period, this can be charged as a class 1 misdemeanor, which, if convicted, can result in jail time of up to 6 months (20 days minimum), up to a maximum of $2,500.00 fine (plus 84% surcharge), and revocation of driving privileges.

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Published on: March 1, 2012

Criminal Damage Charges in Phoenix

By Law Offices of Trent R. Buckallew, PC

Criminal Damage Charges

Criminal damage charges can range in severity from a low level misdemeanor to a more serious felony, depending on the allegations. For example, if a person recklessly damages property valued at more than $250.00 but less than $1,000.00 dollars, then this would be charged as a class 1 misdemeanor. In the most serious cases, criminal damage can be charged as a class 4 felony if the damages are valued at $10,000 or more (or $5,000 or more if the damages involved the property of a utility). The penalty for misdemeanor criminal damage charges, if convicted, can be up to a maximum of six months in jail and a $2,500.00 fine. Felony charges can result in up to a maximum of 3.75 years in jail. The consequences of a criminal conviction can be significant and long lasting, including a criminal record, exposure to incarceration, fees and fines, probation services, and can have a negative impact on current or future employment aspirations. If you have been charged with a criminal damage violation, the Firm can review your case at no charge and discuss your legal options. Contact the Firm today to arrange your free consultation (602) 825-3300.

Published on: February 21, 2012

Crackdown on Underage Drinking

By Law Offices of Trent R. Buckallew, PC

The Maricopa County Sheriff's Office (MCSO) was recently awarded a $20k grant from the Governor's Office of Highway Safety, which will enable officers to receive overtime pay to crack down on Underage Drinking (AP 2012). In related news, with ASU and its large student population, the City of Tempe is also ramping up efforts to curb underage drinking and recently revised an ordinance known as 'Nuisance Parties and Unlawful Gatherings'. The ordinance holds adults responsible for serving alcohol to underage children (other than their own), according to local media outlets. Both Tempe and ASU Police Departments routinely target apartment complexes in Tempe for underage drinkers, particularly if they've received multiple complaints from a specific complex. If you (or your child) have been charged with Underage Drinking, Minor in Possession/Minor in Consumption of Alcohol, Public Intoxication, False ID, Underage DUI or any other violations related to Underage Drinking, you may be able to defend your charge in court. The consequences can be significant and leave a permanent mark on your criminal record so you should seek the advice of counsel to determine your legal options. 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. It is critical that you understand the consequences of the charges you are facing and seek the advice of counsel before making any decisions in your case. 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 in your case. Contact the Firm today for a free evaluation of your case.

Published on: January 17, 2012

East Valley DUI Task Force

By Law Offices of Trent R. Buckallew, PC

According to reports from law enforcement and local media, the East Valley DUI Task Force arrested more than 1,740 drivers between the Thanksgiving holiday and New Year's weekend. Officers from several valley agencies participated in the task force, conducting "saturation patrols" throughout the cities of Phoenix, Chandler, Mesa, Gilbert, Scottsdale and Tempe. According to the Mesa Police Department, they were responsible for 545 of the 1,740 DUI arrests over the course of the 17 scheduled DUI Task Force Events between December 2, 2011 and January 1, 2012. Also, according to law enforcement, while they have seen fewer alcohol related DUI's than in years past, drug related DUI's seem to be on the rise. The Firm handles both alcohol and drug related DUI charges in the East Valley and throughout the State of Arizona. If you were arrested by the East Valley DUI Task Force, or by any law enforcement agency in the State of Arizona, contact the Firm at (602) 825-3300 to arrange a free consultation regarding your case.

Published on: January 1, 2012

New DUI Laws — Effective 1/1/12

By Law Offices of Trent R. Buckallew, PC

AZ DUI laws and penalties are changing effective January 1, 2012. Please contact the Firm to discuss how these new laws may affect your DUI case.

The Firm handles all types of DUI cases, including felony, misdemeanor, alcohol and drug related charges throughout the State of Arizona. Contact the Firm today for a free initial consultation regarding your case.

Published on: October 31, 2011

Aggravated (felony) DUI — DISMISSED

By Law Offices of Trent R. Buckallew, PC

Arizona defense attorney, Trent Buckallew recently filed a motion to suppress all evidence in a case involving an aggravated (felony) DUI, arguing illegal detention and illegal arrest. The court sided with the arguments presented by the defense, granted the motion to suppress the evidence, and the case was subsequently dismissed (all counts).

If you or someone you know are facing DUI charges, contact the Firm for a free consultation to discuss your legal options.

Published on: October 26, 2011

Follow us on Twitter

By Law Offices of Trent R. Buckallew, PC

Follow the Firm on Twitter at http://twitter.com/#!/AZDefenseLawyer and Facebook at http://www.facebook.com/#!/BuckallewLaw. The Firm handles all criminal and DUI cases in the state of Arizona. Call today for a free case evaluation (602) 825-3300. Visit our DUI website at http://www.arizonaduidefenselawfirm.com/.