602.888.0369

What are the Five Types of Justification Defenses?

/in /by

When it comes to devising defense strategies for our legal clients, we understand all justification defenses. Our team of criminal defense lawyers has years of experience and the necessary resources to customize a defense strategy that works for each case. We investigate these cases fully to uncover details that will help us to get you reduced or dismissed charges.

Justification Defenses

The five justification defenses include:

  1. Necessity: This defense says that someone committed a crime because of pressure from someone else.
  2. Defense of others: A person uses force to defend someone from violence.
  3. Defense of property: A person can be justified to use force to defend their property without facing liability.
  4. Law Enforcement: The defendant is in law enforcement and perceived a threat.
  5. Consent: The victim gave their permission to commit the crime.

What Our Criminal Defense Can Do for You

Our team of criminal defense attorneys works diligently to craft a customized defense strategy for your case. We evaluate your case thoroughly and choose defenses that give you the best chance at reduced or dismissed charges. We are committed to getting our clients the results that they are looking for. We offer free legal consultations to potential clients to learn more about our legal services and to ask questions about the legal process ahead. To schedule a consultation with a Phoenix criminal defense attorney, call 602-888-0369. We serve clients in Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, AZ.

Charged for a DUI in Arizona While Living Out of State

/in , /by

In the state of Arizona, law enforcement takes DUI offenses very seriously and have a “zero-tolerance” law. When you are driving in from out of state and are pulled over for a DUI, the standard protocol is to give a field sobriety test, as well as a breathalyzer so the officer can get your BAC number. Additionally, if you refuse a breath test during the stop, you will be taken to the local police station to have your blood drawn.

If you happen to live out of the state of Arizona and have been charged with a DUI, this can have some serious, not to mention expensive, consequences. The most important is that if you chose to represent yourself in the matter, not only will you be responsible for any fees, but also for your own travel expenses.

Not mention that the process can last on average of 3-4 months and you would be required to appear in person to each of the pre-trial conferences.

Let’s discuss the laws when it comes to DUI. In Arizona, if your blood alcohol count is over .08 and under .15, you will be charged with a Misdemeanor DUI. If you have a BAC level between .15 and .20, you will be charged with an Extreme DUI. Following an Extreme DUI is what is known as a Super Extreme DUI, meaning a BAC level of .20 and greater. Finally, the most severe type of Arizona DUI is a Felony Aggravated DUI.

Read More About Out-of-State DUI…

Hire a Domestic Violence Attorney in Goodyear for Legal Representation

/in , , /by

In Arizona, domestic violence is defined as any violent threat and/or act between previous or current partners in a domestic situation, including family members. This type of violent crime charge is on one’s record for a lifetime.

If you or a loved one are facing domestic violence charges in Goodyear, Arizona, you need an experienced domestic violence attorney from the Shah Law Firm PLLC to represent you every step of the legal process. We understand all domestic violence laws in Arizona and can uphold them in legal proceedings, helping you protect both your rights and your reputation during this difficult time.

Possible Defenses to Violent Crimes

There are many defenses to violent crimes in Goodyear, Arizona that our expert legal team can employ. Some possible defense can include defense of property, self-defense, defense of another person, lack of mental state, duress, or necessity. At The Shah Law Firm PLLC, we can thoroughly investigate your case to determine the best possible defense.

Call to Schedule a Free Legal Consultation with a Violent Crimes Attorney in Scottsdale, Arizona Today

If you or a loved one have been charged with a violent crime in Scottsdale, it’s important to schedule a free legal consultation with a domestic violence attorney from Shah Law Firm PLLC. To schedule this no-cost legal consultation with our expert legal team, call (602) 888-0369 today.

Hire a Drug Manufacturing Charges Defense Attorney in Tempe, Arizona Today

/in /by

Violating the regulations that exist regarding the manufacturing, sale, or distribution of controlled substances can lead to drug manufacturing charges which can ruin someone’s life. This type of mark on someone’s record can jeopardize their chances of finding a job and getting a professional license. If you’ve been charged with drug manufacturing charges in or […]

Read more

Failing an Ignition Interlock Device Test

/in /by

If you were arrested, charged, and convicted with driving under the influence in Arizona, you may have been required to install an ignition interlock device in your vehicle. This device detects any alcohol on someone’s breath, and if that is the case, the device will not allow the vehicle to start. Unfortunately, an ignition interlock device can not always tell the difference between alcohol and some other types of substances. Learn what you should do if you fail an ignition interlock device test — even when you have not been drinking.

Ignition Interlock Violations

There are five types of ignition interlock violations that can happen after you are required to install this device on your vehicle.

  • Failing a breath test. Any driver younger than 21 years of age will receive a violation for any failed breath test. Any driver older than 21 will have one violation as a “pass” and the second violation will result in a six-month extension of the ignition interlock device requirement.
  • Failed or missed rolling retest. After three failed or missed rolling retests, such as turning off your vehicle while the device is requesting a sample, it will result in a six-month extension.
  • Missed 90-day calibration appointment. If you fail to bring your vehicle in after 90 days to check the device, it will result in a complete resetting of your time period and a suspended license.
  • Tampering with the device. Any tampering with the device will result in a six-month extension and a possible class 1 misdemeanor criminal charge.
  • Disconnection or removal of the device. If you disconnect or remove the device, it will reset the entire time frame you are required to have the device, and result in a suspended license.

Avoiding False Alarms

You may have had a genuine false alarm with respect to the ignition interlock device. While it is possible to defend them in court, it is better to avoid the possibility of them in the first place. The following ways can help you attempt to avoid any false alarms.

  • Refrain from drinking any alcoholic beverages before you drive
  • Rinse your mouth with water before your test
  • Avoid using any mouthwash that would be alcohol-based
  • Never use breath mints or chew gum while driving
  • Avoid over-the-counter medicines with alcohol
  • Always brush your teeth thoroughly after eating to avoid any kind of fermentation that may develop on your breath after eating certain types of food

Contact a Criminal Defense Attorney

If you have had a false alarm on an ignition interlock device, or a mistake has been made, you may end up receiving a violation. This violation can result in serious and severe consequences, including criminal charges in some cases. If you have had a false alarm with your device, please contact Arja Shah, an experienced criminal defense lawyer in Phoenix, AZ who can give you individual attention and help you with your false alarm on your ignition interlock device case. Contact Arja Shah by calling (602) 888-0369 or by sending a message through the firm’s request form today.

About Basic DUI Charges Defense in Apache Junction, Arizona

/in /by

In Arizona, even your first DUI offense can lead to jail time, a suspended license, a required interlock ignition device installation, and a hefty fine. At The Shah Law Firm PLLC, we fully understand all Arizona DUI laws and can uphold them in court. We also have a proven track record of success defending DUI charges and can answer any question you may have.

Our basic DUI charges defense team can closely examine your case and devise strong defense strategies that can help you get a reduced or dismissed charge. Our law firm can also help you immediately after your arrest and speak on your behalf in all legal proceedings, helping you protect your rights, your record, and your future.

Arizona Drunk Driving Defense Attorney

At our Arizona law firm, we defend those charged with basic DUI. The state takes these criminal charges very seriously and has some of the harshest penalties in the nation. This makes it vital to hire a basic DUI charges defense attorney immediately after being charged. We can determine whether or not you were treated properly by law, such as during the DUI stop, field testing, and breathalyzer testing.

Call to Schedule a Free Legal Consultation to Discuss Your Basic DUI Case in Apache Junction, Arizona

If you’re facing DUI charges in Apache Junction, Arizona, contact our Arizona basic DUI charges defense team. With over 12 years of experience, we can guarantee your legal rights are protected every step of the way. To schedule a free legal consultation with our legal specialist at Shah Law Firm PLLC, call our law office at (602) 888-0369 today.

We serve clients in the communities of Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, Arizona.

Arizona is the Strictest State on DUIs

/in /by

Every state has laws making it illegal to drive under the influence of drugs or alcohol. Every state also has penalties for those who are caught drinking and driving. However, the state of Arizona has the distinction of being one of the strictest states regarding DUIs and DUI penalties. The purpose of these harsh laws and penalties is to attempt to prevent DUIs from occurring in the first place.

Arizona is #1

A recent study ranked Arizona as #1 in criminal penalties for those who are driving under the influence of drugs or alcohol, and #2 in DUI prevention efforts across the country. The theory is that the stricter the penalties, the greater the deterrent to committing DUIs to begin with. The Arizona laws regarding DUIs are harsh and the penalties are severe.

Arizona Legal Limit

Arizona has strict limits regarding the amount of alcohol consumption allowed when operating a vehicle. If your Blood Alcohol Content (BAC) is above .08% in the state of Arizona, you will receive a DUI. If you are a commercial driver with a CDL license, you can be arrested, charged, and convicted of a DUI if your BAC is above .04%. If you are under the age of 21, you can be charged with a DUI if you have any alcohol in your system at all. Reaching these legal limits will likely result in strict penalties.

DUI Penalties in Arizona

The reason Arizona is ranked number #1 for DUI penalties is that the penalties here are severe. Comparatively to other states, Arizona has longer jail times, stricter penalties, and more severe consequences for all DUI offenders.

  • First Offense. 24 hours to 10 days of jail time, $250 fine, 90-360 days suspended license.
  • Second Offense. 30-90 day jail sentence, $500 fine, one year suspended license.
  • Extreme DUI. If you have a BAC of .15%, you will serve at least 30 days in jail and have to pay a minimum of $2,500.
  • Ignition Interlock Device. All DUI convictions require the installation of an ignition interlock device.
  • More than 2 DUIs. If someone has more than two DUIs, Arizona automatically regards it as a Class 4 felony, and an offender must serve a minimum of four months in prison.

There have been cases in Arizona in which a DUI offender was sentenced to 15 years in prison for a fatality involving a DUI. Manslaughter charges for DUIs involving the death of another person can lead to 21 years in prison.

Contact an Experienced DUI Attorney

If you were arrested and charged with a DUI in Arizona, you are likely facing some serious penalties. Contact Arja Shah, an experienced criminal defense lawyer in Phoenix, AZ who can review your arrest and charge for DUI. She can help you with your case and work to get you the least severe sentence possible. Contact Arja Shah by calling (602) 888-0369 or by sending a message through the firm’s request form today.

Hire Legal Help For Aggravated DUI Cases in Mesa

/in /by

In Arizona, an aggravated DUI is a felony charge with severe penalties. This is charged when someone gets a DUI with a suspended or revoked license, has their third DUI in 7 years, gets a DUI with a child under 15 in the car or a DUI while an ignition interlock device is installed in the vehicle. If you’re charged with aggravated DUI in or around Mesa Arizona, you need to contact a DUI attorney from Shah Law Firm PLLC immediately.

Penalties Associated with Aggravated DUI

Sentencing for an aggravated DUI can range from four months to four years in jail. An aggravated DUI can also result in hefty fines (up to $4,600) and a three-year license suspension. The penalties are harsher if you’ve had a prior DUI conviction, with a minimum jail sentencing of two years and up to seven years in prison. For two or more prior convictions, the minimum jail sentence is six years and up to 15 years. This makes it extremely important to hire an experienced DUI attorney to represent you in your aggravated DUI case.

What Our Expert Legal Team Can Do for You

At Shah Law Firm PLLC, we offer personalized legal representation that is important for the best results. We employ effective defense strategies to help to get reduced sentencing. Our legal specialists will also keep you abreast of any updates with your case and speak on your behalf at all legal proceedings.

Call to Schedule a consultation Today in Mesa, Arizona

When you need legal representation regarding an aggravated DUI charge in or around Mesa, it’s important to call Shah Law Firm PLLC. We offer no-cost legal consultations to discuss your case and to help you to understand the legal process ahead. To schedule this important meeting, call our Arizona law firm at (602) 888-0369 today. We serve individuals in Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, Arizona.

Get Back on Track After a DUI Conviction

/in /by

If you were arrested and charged with Driving Under the Influence (DUI), contact an attorney as soon as possible to help build your case and attempt to reduce or remove the charges from your record. If you have already been convicted of a DUI, you may feel as if your life is permanently scarred, and that you will never get back on track. While a DUI is very serious, you have options to rebuild your life after either your sentence or a fine you had to pay, or both. Here are some steps you can take to move your life in a positive direction.

Rehabilitation

If you actually received a DUI conviction with jail time, you may not be a first-time offender. If this is the case, you should determine if you truly have a substance abuse disorder. DUIs are often a symptom of a greater problem, which is a compulsive addiction to either drugs or alcohol, or both. If this sounds true for you, please consider seeking professional help. Rehabilitation options are available in out-patient and in-patient settings.

Professional Help

Perhaps you feel as if you do not need an actual in-patient or out-patient rehabilitation center. If you still feel you struggle with alcohol or drugs, consider visiting a professional therapist, counselor, join an Alcoholics Anonymous group, another recovery program, or visit with a professional who specifically deals with addiction issues.

Ignition Interlock Device

Oftentimes, an ignition interlock device will be mandated by the court for those who are convicted of a DUI. This device requires a driver to prove that he or she had no alcoholic drinks by blowing into it before the car will start. While these devices are only required for a certain period of time, it is interesting that they are associated with a 70% reduction in DUI arrest rates. Consider keeping your ignition interlock device in your car, even after the court mandate is over, as an insurance policy for you and others that you will be safe.

Find New Interests

It may seem silly and trite to say you should find a hobby. However, it has been proven that when people are trying to get their lives back on track, finding a new activity to give them purpose can actually help them heal emotionally more quickly. If you find a hobby that you can do instead of drinking, such as training to run a 5k, it will make you physically and emotionally healthier.

Strong Support Network

Your family and friends should be your support system. If you were surrounded by people who made poor choices in the past, take this time to create a new group of friends who do not drink or do drugs. Find the people who will be your biggest cheerleader and help you on the road to recovery as you get your life back on track.

Contact a DUI Attorney

If you were arrested and charged with a DUI, contact Arja Shah. She is an experienced criminal defense lawyer in Phoenix, AZ who can review your arrest and charge for DUI. She can help you with your case so you can get your life back on track after a DUI. Contact Arja Shah by calling (602) 888-0369 or by sending a message through the firm’s request form today.

Reasons to Appeal a Criminal Case

/in /by

If you were charged and convicted of a criminal offense, you still have legal options. You have the legal right to an appeal, which would ultimately be investigating the court’s legal basis for their decision in your case. Errors in judgment are made in courts of law, and if you were denied the right to a fair trial due to factual or other types of errors, you would have the right to appeal your conviction. The types of reasons you may have to appeal a criminal case are listed below.

False Arrest

If you were falsely arrested without probable cause by law enforcement, you may have the right to appeal your conviction. If you were arrested without a warrant or under circumstances that would not include any legal warrant exceptions, then you may have the right to appeal your criminal case conviction.

Evidence

There are two instances where issues with evidence could allow for an appeal.

  • Inaccurate Evidence. Both sides have the right before a trial to view each other’s evidence, and decisions are made regarding what evidence is allowable in a court of law in your unique case. If proper evidence was excluded, or improper evidence was allowed, you may have the right to an appeal.
  • Lack of Adequate Evidence. The prosecutor has the responsibility to establish that you committed each criminal offense beyond a reasonable doubt. If there is inadequate or inaccurate evidence, the jury may not have had the information needed to correctly make a determination. While difficult to prove, you may be able to appeal on the basis of inadequate or inaccurate evidence in your criminal case.

Jury Instructions

A jury is always provided instructions by the judge before their deliberation. These instructions tell them how to handle all of the applicable law in your particular case and are called jury instructions. If the judge in your case provided incorrect, incomplete, or somehow inaccurate instructions to the jury regarding the laws, how they should be applied, or which do not include all laws applicable to your criminal case, you may be able to appeal your conviction.

Juror Misconduct

The law requires that jurors must follow strict rules that are designed to ensure that they reach an impartial decision. Juror misconduct occurs when a juror acts inappropriately regarding his or her decision in a criminal case. These instances are fairly common and typically include scenarios in which jurors communicated inappropriately with other jurors, attorneys, or witnesses.

Sentencing

If you were charged and convicted of a criminal offense, you will have gone through the sentencing process, which determines your punishment. This phase of a criminal trial is complex, and several factors are taken into account, including previous convictions, the severity of the crime, and other circumstantial evidence. Judges must follow specific legal rules exactly, or there can be errors during the sentencing phase. If this occurs, then you may have the right to an appeal.

Contact Experienced Criminal Attorney Today

The criminal appellate process is legally complex. Arja Shah is an experienced criminal defense lawyer in Phoenix, AZ who can review your original criminal case, and explain your appeal options to you. Contact Arja Shah by calling (602) 888-0369 or by sending a message through the firm’s request form today.

Contact Arja Today to Learn How She Can Help You!

0 + 4 = ?

This contact form is deactivated because you refused to accept Google reCaptcha service which is necessary to validate any messages sent by the form.