DWI defense lawyers should be well versed in how Arizona v. Gant impacts DUI cases. In this case, the court reconsidered and modified its holding in New York v. Belton, which applied to the search incident to arrest exception to the 4th amendment warrant requirement to vehicle searches.
A good assault defense lawyer in Arizona can make all the difference in winning your case. Knowing how to choose the right defense team and use them to their fullest potential can make or break your case. What should you look for in an assault defense lawyer?
Any criminal lawyer will tell you that the ineffective assistance of trial counsel is one of the most frequently raised claims in state and federal post conviction petitions. Considering the state of most state funded counseling these days, this is hardly surprising.
Any lawyer for drunk driving should be well aware of how Herring v. United impacts DUI defense. In the case, a warrant check revealed there was an active warrant for the suspect's arrest. For that reason alone, the police followed the defendant's vehicle, pulled him over and arrested him. A subsequent search of the vehicle revealed illegal drugs and an illegal pistol.
Ask any DUI lawyer in Phoenix. House arrest and ankle monitors may soon become an alternative option for convicted drunk driving offenders. While home detention programs are certainly nothing new, as Arizona law has enabled their creation for a number of years and most Valley City courts already have similar programs.
The client of a criminal defense attorney in Arizona is usually brought to federal criminal prosecution by indictment, although occasionally, law enforcement officers will initiate the process through a criminal complaint.
In the case of Padilla v. Kentucky, the U.S. Supreme Court held in a 7-2 decision that "[i[t is quintessentially the duty of counsel (criminal defense attorney Phoenix) to provide his/her client with the available advice about an issue like deportation" and the failure to do so satisfies the first prong of the Strickland analysis regarding ineffective assistance of counsel.
The U.S. Supreme Court's decision in Montejo v. Louisiana has been called an assault on the attorney-client relationship and will greatly affect criminal lawyers in Arizona. Under Montejo officers may now interrogate defendants in the absence of counsel, even after charges have been brought and counsel has been retained or appointed, as long as the defendant waives his or her rights under Miranda.
The client of a drug crimes lawyer in Arizona might well be able to benefit from the Bureau of Prisons Residential Drug Abuse program. While those who underwent treatment originally received no reduced sentencing as a result, the 1994 Violent Crime Control and Law Enforcement Act, among other provisions, allowed the court to provide an up to 1 year sentence reduction.