Criminal Record

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: 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: July 26, 2011

Criminal Record — Set Aside of Convictions in AZ

By Law Offices of Trent R. Buckallew, PC

Finding employment during these tough economic times can be difficult at best, and having a criminal record can make it all the more challenging. If you have a felony or misdemeanor conviction in Arizona, you may be able to seek an order from the court setting aside the judgment of guilt and dismissing the charges, relieving you of some of the liabilities and disadvantages of a conviction. You may also have lost certain civil rights subsequent to your conviction, such as gun ownership rights or voting rights, and you may be able to pursue restoration of civil rights and/or gun rights. Contact the Firm for eligibility and rates, or visit us on the web at www.crim-law.info and submit an online case evaluation form.