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How Long Can I Be Held in Custody by Law Enforcement?

How Long Can I Be Held in Custody by Law Enforcement?

In most cases, someone who is arrested will be taken into custody by law enforcement, processed into jail and then be formally charged with a crime before a judge during an arraignment hearing; but what happens if no formal charges are filed? Can the police hold you behind bars until they feel like taking action? How long do you have to wait before your case goes to trial? When should you involve a criminal defense attorney in your Arizona arrest case?

What Happens After an Arrest?

After an arrest, you are in a bit of a legal gray area. You have been taken into custody by law enforcement, but you have not been formally charged with a crime. As a result, you must remain in custody while awaiting charges for a period of time. If that time expires and you have not been charged, you must be released. While waiting, you will likely be brought before a magistrate judge who will determine your bail amount, if any. This differs from an arraignment in that, during an arraignment hearing, you are formally charged with a crime and are required to enter a plea. This is also when a trial date is set, and you will remain in jail until your trial.

If you are not charged within the hold period, you will not be arraigned, but a bail amount and the posting of bail may be required – see “how to post bail”. Once again, this is an area of legal limbo because you are still in jail while waiting to see what is going to happen, so you should contact your defense attorney as soon as possible after your arrest to ensure that you receive adequate representation from the start of the criminal justice process.

While Waiting in Jail:

  • Exercise your right against self-incrimination
  • Follow commands by law enforcement within legal boundaries
  • Contact your defense attorney
  • Know that you have not been formally charged with a crime until you have been arraigned

How Long Can You Be Held After an Arrest?

In Arizona, as well as in many other states, there is a limit of 48 hours after an arrest before formal charges have to be filed.

…Click Here to Read the Full Article


Stopped at a Phoenix DUI Task Force Checkpoint

Stopped at a Phoenix DUI Task Force Checkpoint

What is the Arizona DUI task force?

The Arizona Governor’s Office of Highway Safety (GOHS) strives to prevent motorists from driving while impaired or intoxicated. AZGOHS awards grant funds to local law enforcement agencies, fire departments, and nonprofit organizations to reduce alcohol-related accidents, injuries, and fatalities. Funds are awarded based on the need for the project as determined by the ratio of the number of alcohol-related accidents and deaths to the total number of accidents and fatalities in the geographic area. The Phoenix, Arizona, Department of Public Safety (#AZDPS) DUI task force is a multi-agency effort with federal, state, and local law enforcement.

Despite the efforts of the Phoenix, Arizona, DUI task force to increase their presence on the highways, Phoenix parents still tried to drive under the influence of drugs and alcohol over the 2018 Halloween holiday. A 41-year-old woman taking six children under the age of 10 trick or treating in her SUV careened off the road and into a ditch at 8:30 P.M. on Wednesday evening. Her speech was slurred, and she reeked of alcohol when police arrived at the scene. Her blood-alcohol was twice the legal limit. She faces five counts of aggravated DUI, and she was drinking from an open container. Of course, she lost custody of the kids. In another incidence, a Phoenix police officer was injured when a vehicle rolled over onto him early Sunday at 27th Avenue and Camelback Road. The driver, charged with driving under the influence, was in possession of controlled substances at the time of his arrest.

What is a First DUI Arrest?

A first DUI arrest is not the end of the world, but you will do at least minimal jail time, pay a fine, and loss of your driving privileges. Your car insurance premiums will drastically increase when you get driver’s license back. When you get pulled over for driving under the influence of drugs or alcohol, you will be offered an opportunity to prove your innocence. The officer will decide what test of sobriety to provide you with. The officer may request that you get out of the car and walk in a straight line. If you refuse the test, your driver’s license will be suspended immediately.

How Can I Get My DUI Charges Reduced?

If you endangered children or injured others while driving under the influence of drugs or alcohol, you’ll face serious criminal charges. If your first DUI arrest involves an accident, our Phoenix DUI lawyer may be able to get your bail or charges reduced. Our lawyers can represent you in criminal court, traffic court, and civil court to try to salvage your rights and your freedom so you can return to work and your family or friends. Our criminal defense attorney can represent you in:

  • Criminal court
  • Drug court
  • Traffic agency hearings
  • DHS agency hearings
  • Civil litigation

…Click Here to Read the Full Article


Halloween East Valley DUI Task Force

David Cantor explains the East Valley DUI Task Force for Halloween:

Halloween East Valley DUI Task Force

Happy Halloween!  Tonight the East Valley DUI Task Force will be out in full force and pulling over anyone who has committed a minor traffic violation.  The East Valley DUI Task Force is best known for their Thanksgiving, July 4th and holiday DUI stops and arrests.  Halloween has become a party holiday where people dress up and go out to the bars rather than stay at home.  The East Valley DUI Task Force knows this and they saturate the streets and pull anyone over; especially near bars and areas full of night life.

If you are pulled over and had been drinking, you want to answer the same way as if you were being questioned for robbing a bank, “I am not going to answer any questions until I talk to my lawyer,” then call us 602-307-0808.  You want to provide as little evidence as possible and asking to speak to a lawyer will help you out tremendously.  Once you call us, we can advise you on whether to take any tests and what your next move should be.  If they don’t give you a phone call, we can get the case thrown out with the defense of “Denial of Right to Counsel“.  If they pulled you over on just a “hunch” we can get the case thrown out with “No Reasonable Suspicion to Stop”.

The safest way to not get pulled over is to not drive, take a cab and be safe.  We hope everyone has a fun and safe night!

If this situation applies to you, a family member or loved one, fill out a form on our website or call us at (602) 307-0808 to set up an appointment. It doesn’t cost you anything, but it takes about 30 minutes of your time, and hopefully we’ll be able to find a way out of this for you.

Be sure to check out our DUI case victories.  When interviewing lawyers make sure and ask them for recent case results for this crime.


AP Interviews Criminal Defense Attorney David Michael Cantor Regarding Kavanaugh Case

Rachel Mitchell - AP News

Article Provided by: AP News
Date: 9/26/18

PHOENIX (AP) — A sex-crimes prosecutor tapped by Senate Republicans to question Supreme Court nominee Brett Kavanaugh about allegations of sexual assault could have a tough time in such a contentious political environment, Arizona attorneys who know her said Wednesday.

But her boss says Rachel Mitchell is a hard-hitting attorney who is used to handling high-profile cases and is one of the few prosecutors in the country with a deep understanding of working with sexual abuse victims.

Mitchell, a Republican, was expected to question Kavanaugh and the first woman to accuse him of sexual misconduct at a Senate Judiciary Committee hearing Thursday. Christine Blasey Ford’s allegation that Kavanaugh drunkenly assaulted her when they were teenagers has raised a political storm in the #MeToo era, and the GOP’s all-male presence on the panel made some want a woman to question Ford.

Mitchell is chief of the Special Victims Division in the Maricopa County attorney’s office in Phoenix. She supervises attorneys who handle cases involving child molestation, sexual assault and computer crimes against children in Arizona’s most populous county.

…Click Here to Read the Full Article


Arizona First Offense Misdemeanor DUI Penalties

When charged with a first offense DUI in Arizona, there are a couple of things that the state must take into account. The age, blood alcohol content (BAC) and the type of driver’s license are all factors to consider when charging someone with a DUI.

Other First Offense DUI Related Links: 1st Offense Extreme DUI, 1st Offense Super Extreme DUI, 1st Offense Aggravated Felony DUI, All Arizona DUI Laws.

Watch this short video about the First Offense DUI Penalties in Arizona:

First Offense DUI in Arizona

For one, if the offender is under 21 years of age, it does not matter what their BAC is. They will get charged with anything above a 0.00 BAC. The repercussions are not as harsh if the offender is under 18, but a repeat offender may be charged as an adult. If the driver is 21 years of age or older; then the BAC is taken into account during the arrest. If their BAC is equal to or exceeds .08, then they are charged with a DUI, or they can be charged if they are below .08 and are impaired by either alcohol or drugs. If the offender has a commercial driver’s license (CDL), then the provisions are a bit stricter. If a CDL driver’s BAC exceeds .04, then they can be charged with a DUI and harsher sanctions.

In Arizona, a person can be charged with a DUI, if they have a BAC between .08 and .149, or if they display overt signs of being under the influence. It is also possible to be charged with a DUI, if the police find the offender parked in their car with a BAC between .08 and .149 and their engine is running.

Penalties for First DUI in Arizona

A first offense DUI is classified as a Class 1 misdemeanor in the state of Arizona. In order to qualify for a first time offense DUI in Arizona, one must not have any prior DUI arrests within the past 7 years. If the DUI resulted in an accident that engendered the death of another individual, the offender cannot qualify for first time offense sanctions.

Get a Free Case Review, Click Here to Schedule.

The minimum jail sentence for someone charged with a first time offense DUI is 10 days, but most people will end up spending 24 hours in a jail cell and additional time in an alcohol screening program.

Fines will be another unwanted sanction for those charged with a first offense DUI. Fines and fees include:

  • A base fine, surcharges and assessments totaling: $1,537
  • Jail Cost for one day: $130
  • Alcohol Screening: $50
  • 16 – 36 Alcohol Classes: $135 – $585 total
  • One Year Ignition Interlock Device: $1,000 – $1,200
  • SR-22 Car Insurance Policy: $500 per year for 3 years = $1,500
  • Car Insurance Rate Increases: $3,000 per year for 3 years = $9,000

Grand Total: $14,002 (with car insurance) or $3,502 (without car insurance)

Once the offender submits to a chemical test, the driver will receive a 90-day driver’s license suspension. At the end of the suspension, offenders will have to install an ignition interlock devise (IID) at an official IID installation center. Finally, offenders may be required to take a state approved traffic school course to fulfill their sanctions.

Do I Need to Hire a DUI Lawyer?

A lot of people call our offices and ask, do I need to hire a DUI lawyer for my first DUI arrest? Did you read the penalties above? Do you want to deal with the consequences of a DUI conviction, first arrest or otherwise? Do you know the DUI defense strategies that work? Yes, you should hire an aggressive DUI lawyer to represent you in court. Our team of DUI defense lawyers know all of the best DUI defense strategies and we have years of experience working in the courts across the State of Arizona. If you are facing a First Offense DUI charge in Arizona, please call DM Cantor at (602) 307-0808 to get a Free Case Review, or click the ‘Contact Us’ link on this page and send us an email and we’ll call you back to schedule an appointment.

We’re very good at what we do, please take a few minutes to read through our DUI Case Victories. Click the following link for more information regarding the different charges for DUI  in Arizona.

 

 


How Soon After I Suffer a Personal Injury Do I Have to File a Claim?

After going through an accident that ends up with injuries, the victim will never know the full extent of their damages until some time has passed after the accident. Even if a person believes that their injury was minor, they could suffer pain for months to come and develop greater injuries as a result of the accident.

So, how will the victim know how much to claim for if they do not know the severity of their injuries? What do they do? Do they file the claim without learning just how badly they were injured? Or do they wait and risk the statute of limitations deadline? What should the victim do if they are still in the healing process? The best personal injury attorneys in Miami, FL can help the victim with what they need to do and what is the best thing that needs to be done in regards to their case.

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What Are the Top Five Mental Health Disorders That Are Misdiagnosed?

Many people might find it difficult to go seek help for a mental disorder that they may have. Obtaining a diagnosis is the first step in receiving treatment. Going to a physician’s office may be the first step, but not the last. Sometimes, mental disorders will be misdiagnosed for other similar conditions. Misdiagnosis occurs in almost every medical setting. There are no specific statistics about the number of mental disorders that go undiagnosed, but it happens.

Misdiagnosing a medical condition can make a person suffer a great harm. A mental disorder is something that needs to be taken care of immediately. Some mental disorders can create a person certain thoughts that may even lead to their death. The medical malpractice litigators know the disastrous effects that a misdiagnosis can have on a patient and are here to serve those in Orlando who suffered an injury as a result.

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Important Witnesses That May Be Needed in Personal Injury Cases

Important Witnesses That May Be Needed in Personal Injury Cases

Most people who seek a personal injury claim do not know the aspects that are going to be associated with their case. There are a variety of things that need to be performed and gathered to be able to help a victim’s case in proving negligence in a wrongful death or personal injury.

The success of a claim can depend on these following elements:

  • Proof: that the victim has shown how they sustained their injuries from the specific accident
  • Damages: that the victim endured as a result of their injuries
  • Evidence: that the victim has gathered for their case
  • Liability: who was to blame for the accident?
  • Witnesses: Was there anyone present during the time of the accident that can backup the plaintiffs claim? This is a crucial element because it can serve as a means of supporting the victims claim with their testimonies.

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