You are driving along in a safe manner, minding your own business, and out of the blue a cop pulls you over for doing something police do every day with no consequences (like changing lanes without a blinker or speeding). As you are pulling over, you think about the handgun you are carrying (in your glove box, concealed on your person, in your center console, etc.) and how this could impact your traffic stop.
A variety of conduct can lead to a charge of DUI. Check out our post on what constitutes a DUI in Arizona here. Regardless of what sort of DUI you have been charged with, the criminal defense firm of Kielsky Rike pllc can help. Many firms charge a single flat fee for every DUI case, regardless of the work involved. By doing so, those firms may benefit when a case pleads out quickly, because they do not have to take the case to trial, even though they charged the same fee as if the case had gone to trial. Recognizing this as an issues for potential clients, Kielsky Rike pllc has developed a three-tiered fee schedule for DUI cases that more reasonably matches the fee with the work performed on the case.
We are often asked to step in when a public defender has already been appointed to a defendant in a criminal defense case. Although we typically advise prospective clients that a public defender can provide competent, sometimes even excellent, criminal defense services, a defendant can often benefit from the assistance of a private attorney. A private attorney often has more time to devote to a case than a publice defender who may be overwhelmed with a high volume of cases. A private attorney may also have more experience as an attorney, or more experience with a particular type of case than a public defender.
A pretrial conference is the next court date in a criminal defense case after the arraignment. The PTC is the first opportunity for the attorney to meet with the prosecutor to discuss the case, the evidence, the facts, the defenses, the issues, and any opportunities to resolve the case before trial. If the prosecutor offers a reasonable plea deal, then it is possible to conclude the case at the PTC. If it is necessary to conduct more discovery (gather more evidence or interview witnesses), the court will set another pretrial conference about 30 days in the future.
In 2010, 3TV interviewed criminal defense attorney Michael Kielsky regarding a client who was arrested for 55 alleged speed violations caught on photo radar, 12 of which were deemed criminal.
Mr. Kielsky was hired to defend against the tickets and in the end, some of the tickets were never prosecuted and the rest were all dismissed.
Regarding the evidence provided by the State, Mr. Kielsky says, "they had nothing." For all practical and legal purposes, "he didn't do it," said Mr. Kielsky.
Attorney Michael Kielsky was recently interviewed by Phoenix 3TV regarding Arizona House Bill 2690. The bill would require all photo radar equipment in Arizona to be calibrated daily.
Currently, the photo radar operators claim that the fixed photo radar devices are checked monthly and that the mobile units are checked at the beginning and end of each deployment, but none of the systems are ever calibrated, except perhaps when initially put into service.
All photo enforcement citations would be required to state when the device was last calibrated. As Mr. Kielsky points out though, "I don't know that without a standard that explains what calibrated means in this instance [that] this bill is going to do very much." Learn more about photo radar here.
The Arraignment is the defendant's first appearance in court. If the case was initiated by a citation issued from a police officer (like in a criminal speed case, for example), the arraignment date appears at the bottom of the citation. If the case began with a summons and complaint, which may be mailed to or served on the defendant by the Sherriff or a licensed process server, the arraignment date will appear on the summons. If the defendant was arrested and released, the release orders will also list the next court date.
A victimless crime is an activity that the government has decreed criminal even though there is no identifiable victim. A victimless crime is an activity that is performed by one or more consenting people, that causes no harm, injury or violation to anyone outside of the people performing the activity.