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If you are summoned to appear before the Gila County Superior Court for a DUI-related charge, it is important to know where to go and how to contact the court.
The Gila County Superior Court is located at 1400 E. Ash St., Globe, AZ 85501, and the phone number for the Court Clerk is 928-425-3231.
If you are being charged with a DUI in Gila County, Arizona, then depending on the facts of your case and the type of DUI you are being charged with, your case will be heard in Municipal Court, Justice Court, or the Gila County Superior Court.
Please call our DUI law specialist attorneys at (480) 248-7666 to schedule a free consultation if you face a DUI charge.
In Gila County, the first court appearance for a charge before the Superior Court is the Initial Appearance. Your hearing must occur within 24-hours of your arrest.
If you have not been arrested, then you may be summoned to appear before the court for an Initial Appearance. This hearing will inform you of the charges against you, set your conditions of release, and determine your next court date.
The court will determine whether to set a bond at your Initial Appearance and at what amount to set it. The bond is set to ensure that you appear at the next proceeding, and is determined based on your criminal history, past DUIs, and the severity of the present charges against you.
Before the trial there will be a conference among your defense lawyer, the prosecution, and the judge. This hearing is referred to as a status conference, during which your attorney might negotiate possible plea deals and might file important motions. It is important to have experienced DUI defense counsel at this stage to advocate for your defense and ensure that you have all discovery items necessary for your defense.
If you face a felony DUI, then you have the right to a preliminary hearing. This hearing must occur within 10 days of your Initial Appearance if you are in custody, or within 20 days if you are out on pretrial release or bail.
At this hearing, the prosecution must demonstrate probable cause to believe you committed the crime you are accused of.
Suppose the prosecution does not believe they are prepared to file charges. In that case, your preliminary hearing may be “scratched,” which means temporarily dismissed.
This does not, however, mean that you are in the clear. The prosecution has two years to re-file charges against you for a DUI felony in Gila County, Arizona.
You must obtain qualified DUI Defense attorneys by the pre-file stage in Gila County.
Before you are indicted, your attorney still might convince the judge to reduce or dismiss the charges during the pre-file stage.
The Grand Jury determines whether probable cause exists to believe you committed the crime you are accused of based on the evidence presented by the prosecutor.
Grand Jurors may question witnesses brought by the prosecutor. You, as the defendant, are not permitted to participate or witness the proceedings unless you are summoned by the Grand Jury. Should you be indicted by the Grand Jury, you will proceed to Arraignment in Superior Court.
The arraignment hearing is where you will enter your plea of either guilty or not guilty. A trial date will be set at this hearing if you enter a not guilty plea, and a sentencing date will be set if you enter a guilty plea.
The arraignment must occur within 10 days of the indictment if you are in custody, and within 30 days if you are not in custody.
If your felony DUI case goes to trial, a knowledgeable Gila County DUI defense attorney can help you. At this stage, the prosecution must convince the Superior Court jury beyond a reasonable doubt that you committed the crime.
A conviction must be unanimous, otherwise the case will be dismissed, you will be acquitted of the DUI charge, and it cannot be retried. Should the jury find you guilty, then a sentencing hearing will be set.
If you have pleaded guilty or been found guilty, then a sentencing hearing will determine the appropriate punishment.
Because you are permitted to address the judge before that person announces your sentence, you must prepare with experienced Gila County DUI defense counsel to minimize that sentence. Call the DUI law specialists at Rosenstein Law Group today at 480-248-7666 for help with your Gila County DUI charges.
As mentioned above, Gila County Superior Court has jurisdiction over most felony DUI charges. While most first-time DUI charges are classified as misdemeanors, a DUI becomes a felony in Gila County if certain conditions are met. Based on these conditions, your DUI may be elevated to a Class 4 or Class 6 Felony, depending on the seriousness of the crime.
If you face a felony DUI charge, please call our expert attorneys at (480) 248-7666 to schedule a free consultation.
A DUI becomes a Class 4 felony if this is your third DUI in the last 7 years, or if you were driving impaired with a revoked, suspended, or invalid driver’s license, or if you were driving impaired in the wrong direction on the road, or if you failed to install an Ignition Interlock Device (“IID”) after a court order to do so.
Class 4 felonies carry a mandatory prison sentence of 4 months plus fines and other penalties.
Class 6 felony charges are less serious than Class 4 felony charges. A DUI becomes a Class 6 felony when you are driving impaired and there is a minor under the age of 15 present in the vehicle.
Class 6 felonies carry minimum jail time instead of time in prison, and the length of the sentence depends on your blood alcohol content level. It can range from a minimum of 10 up to 45 days, plus other fees and penalties.
In addition to a DUI charge, you may also face prosecution for vehicular endangerment if you are found to have “recklessly endanger[ed] another person with a substantial risk of imminent death or physical injury.”
This charge is typically brought where you are alleged to have expressed extreme indifference to human life. Endangerment is a Class 6 felony and carries a mandatory jail sentence rather than time in prison.
If someone is injured during a car accident in which you are charged with a DUI, then you may also be charged with aggravated assault. Because vehicles are considered deadly weapons, a DUI accident injury may be deemed to have been through the use of a dangerous instrument to cause injury, thereby meeting the standards of aggravated assault.
Aggravated Assault is a Class 2 felony and carries 7 to 21 years in state prison if another person was seriously injured or injured by your vehicle. If someone is temporarily impaired by the accident in which you were charged with a DUI, then you may face 5 to 15 years in prison.
Because of the severe consequences of an Aggravated Assault charge, you should seek the assistance of experienced criminal defense attorneys. Call our team at (480) 248-7666 to schedule a free consultation right away.
Vehicular manslaughter is a Class 2 felony with a minimum of 7 years in state prison. This charge is based on an allegation that you recklessly caused the death of another.
If a death has resulted from a DUI-related accident, the prosecution may pursue second-degree murder charges. If you are charged with murder due to a DUI-related accident, call Rosenstein Law Group immediately at (480) 248-7666 to schedule a free consultation.
Second-degree murder requires showing that you engaged in conduct knowing that it would result in the death of another but without planning to do so. This charge carries a range of 16 years in prison to life in prison.
Given the seriousness of any DUI charge in Gila County and the wide range of penalties, it is imperative that if you have been charged with a DUI contact and retain a defense attorney.
The assistance of experienced DUI counsel can reduce mandatory minimum penalties through negotiation strategies. Due to the specialized nature of this law, it is highly recommended that you seek counsel. If you face a felony DUI charge, please call our DUI law specialist attorneys at (480) 248-7666 to schedule a free consultation.