Category: Video

What Does it Cost to Hire an Attorney?

What Does it Cost to Hire an Attorney?

If you’re looking to hire an experienced criminal attorney for you or for someone you know, you may be wondering how much it’s going to cost.

Now, the traditional way that most people retain lawyers for legal services is to pay an hourly rate. It could be $250 an hour, $300 an hour. They would have to put up a large retainer up front. The lawyer would earn those fees upon the work performed. Now, if the client—if their retainer runs out or the client can no longer pay the attorney’s fees, then that attorney will just simply withdrawal from the case. In criminal cases, most attorneys prefer not to do an hourly rate. Most attorneys will perform for a fixed, flat fee. So, a lot of advantages in criminal law is to give a client a fixed, flat fee. It allows the client to know upfront what they have to budget for a criminal defense case.

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When is Bail Set in an Arizona Criminal Case?:

When is Bail Set in an Arizona Criminal Case?

If someone you know has just been arrested and is being held in custody, you probably want to know when they’re going to be released and when will bail be set.

When a defendant is arrested, they have to see a Judge within 24 hours. The reason why is that, in criminal cases, except for homicide and sexual conduct with a minor, a defendant is entitled as a matter of right, to bail and a matter of right to have release conditions set. So, a Judge has to see a defendant within 24 hours and they do this at an initial appearance.

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What is a Motion to Review Release Conditions?

What is a Motion to Review Release Conditions?

If someone you know is charged with a crime and they are being held in custody on a high bond, you might be asking yourself is there a way to get the Judge to lower that bond? And, there is a way to get the Judge to lower that bond and I’m here to tell you how.

In a felony case, bond will be set at the arraignment or initial appearance, either in the Justice Court or the Superior Court. Now, most criminal cases start off in the Justice Court and they start off when a defendant gets arrested and has an initial appearance in the Justice Court, and the Justice Court will set the release conditions.

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Do I have to Come to Court?

Do I Have to Come To Court?

If you’ve been cited with a criminal case or a traffic offense and you live out of town or out of state, you may be wondering, do you have to come to court?

Now, I get calls all the time from folks that go through and travel through Mohave County and folks either get cited for a traffic or criminal offense on I-40, or on US-93 on their way to Las Vegas. A lot of people do get arrested and cited for traffic and criminal offenses while they go through Mohave County. These offenses can range from a whole list of things. They could be minor drug offenses, they could be major drug offense. They could be DUIs or other sorts of violations.

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What is an Extreme DUI?

What is an Extreme DUI?

If you’ve been arrested for a DUI in Arizona, and your blood or breath alcohol is above a 0.15 percent or a 0.20 percent, then you are charged with what’s called an Extreme DUI. This video is here to explain what some of the consequences are for an extreme DUI in Arizona.

An Extreme DUI occurs when someone has a blood alcohol limit above a 0.15. So, you may know, a 0.08 is the legal limit in Arizona for a DUI. The Arizona Legislature has made tougher laws for people that are more impaired than that, for people that have consumed larger amounts of alcohol and still drive a motor vehicle. For that, they have an Extreme DUI.

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What is a Regular DUI?

What is a Regular DUI?

So, if you’ve been arrested for a DUI, you probably were cited with multiple charges and you’re probably wondering what those multiple charges mean.

When a defendant is arrested for a regular DUI, that usually mean that—one of two things. That usually means that they’re either impaired by alcohol or they might be impaired by drugs. There’s a couple of different theories that someone could be charged with committing those type of offenses. The main charge that most people get charged with for DUI is that they are above the legal limit. In Arizona, the legal limit of blood or breath alcohol concentration is 0.08. If a defendant submits to a scientific test, such as an Intoxilyzer or a blood test, if their blood or breath alcohol limit is above a 0.08, in Arizona, they are presumed to be impaired and they are per se, guilty of a DUI.
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What is a Judgment and Sentencing?

What is a Judgment and Sentencing?

If you’ve been convicted at trial or you’ve taken a plea agreement in a felony criminal case then the last hearing that will conclude your case is called a Judgment and Sentencing Hearing.

Sentencing phase of a criminal case is conducted after a determination of guilt is made. So, a determination of guilt can be made in several ways. A defendant changes their plea and enters into a plea agreement, that is a determination of guilt right there. If a defendant goes to trial and is found guilty, either by a jury or a judge in a bench trial, that is the determination of guilt. So, when a determination of guilt is made, a Judge has to decide how to sentence a defendant.
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What is a Criminal Trial?

What is a Criminal Trial?

If you plead not guilty to a crime, it’s the State’s burden to prove you guilty beyond a reasonable doubt and the State does this at a criminal trial.

When a defendant is charged with a crime, they’re presumed innocent until proven guilty. So, a prosecution has to prove someone guilty at a trial. Now, in all felony cases, DUI cases and theft cases, this has to be a trial by jury. In most misdemeanor cases it’s a bench trial.
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What is a Felony Change of Plea Hearing?

What is a Felony Change of Plea Hearing?

If you reached a plea agreement with the State in your felony case in the Superior Court, your case will be set for what’s called a Change of Plea Hearing. You may be wondering what’s going to happen at that Change of Plea Hearing.

When a defendant enters into a plea agreement with the State, they are changing their plea from not guilty to guilty. This plea agreement has to be put into writing. The Court has to enter the plea agreement on the record. So, the Court has to go through the plea agreement with the defendant to make sure that they understand it.
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What is an Omnibus Hearing?

What is an Omnibus Hearing?

Before a felony cases is set for trial in the Mohave County Superior Court, the Court sets a hearing that’s called an Omnibus Hearing to determine what issues remain in the case or need to be litigated and determined before a criminal trial begins.

An Omnibus Hearing is another status hearing in a criminal case. All the parties in an omnibus hearing have to fill out what’s called an Omnibus Hearing Form.

An Omnibus Hearing Form is basically a checklist of items that the Court wants to know about. The Court needs to know if there’s any issues with discovery and any issues—any pretrial motions that are going to be filed in the case.
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