» Entries tagged with "initial"

Are They Idiots Or Are They Liars?

I wouldn’t be writing about Mesa twice in row if I didn’t think it was all noteworthy. This time, though, I’m a little less cynical. I refuse to believe the judges at Mesa City Court are anywhere near as simple-minded and unfair as some of the prosecutors there claim. To give you some background, if you are charged with misdemeanor DUI in Arizona and your BAC is between 0.08 and 0.15, the mandatory minimum jail sentence is one day with nine days suspended. If your BAC is between 0.15 and 0.20, it’s nine days with twenty-one days suspended. Any misdemeanor DUI in Arizona could theoretically result in 180 days in jail, but I’ve never seen it happen, heard about it happening, or even realistically considered that any prosecutor could … Read entire article »

Filed under: Courts, DUI, Prosecutors

DUI Home Detention

Arizona’s extreme DUI statute is A.R.S. § 28–1382. Subsection (D)(1) requires thirty consecutive days in jail for a DUI involving an alcohol concentration of 0.15 or more but less than 0.20, and subsection (I) allows for all but nine of those to be suspended. For an alcohol concentration of 0.20 or more, the same subsections require forty-five consecutive days in jail and allow for all but fourteen days to be suspended. Depending on the court, you may be able to do home detention for some of your time. The relevant home detention statute is A.R.S. § 9-499.07. In 2011, Senate Bill 1200 made some substantial changes to the law. Here is what it changed regarding the eligibility requirements a prisoner must meet for the program: Notwithstanding section … Read entire article »

Filed under: DUI

Just Callin’ To Chat

I often get emails with convoluted stories that appear to have nothing to do with criminal defense. For instance, the sender will discuss her sick dad, her faith, and her wicked stepmother. There will be no obvious relevance to my line of work, but when I call, I will invariably speak with an individual charged with embezzling funds from her dad’s savings account and assaulting his new wife but who couldn’t have possibly done it because she’s a pillar of the mega-church she attends whenever she isn’t in the custody of the department of corrections for various financial and violent crimes. I’m making up the example, obviously, but reality isn’t all that different a lot of the time. One recent message and the ensuing conversation left me really … Read entire article »

Filed under: Clients

What BigLaw Taught Me

I’ve recently had a few opportunities to interact with BigLaw. I was fortunate enough to see a few honest-to-goodness BigLaw lawyers work their magic in an initial consultation, and I even got to experience, through a client, the type of service BigLaw provides. Being the unselfish guy I am, I am going to share with you the five essential lessons I learned watching BigLaw. Follow these, and you’ll be representing clients like BigLaw in no time flat. 1) Don’t Answer Your Phone That’s right, don’t even think about picking it up. This rule doesn’t just apply to famous partners with national reputations, but also to junior associates. Lawyers may know that you don’t go to court very often, if at all, but your clients don’t. I … Read entire article »

Filed under: Practice in General

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