If you have been arrested for DUI in Show Low, Holbrook, Pinetop, or any other city or town in Navajo County, Arizona, then the DUI Law Specialists at Rosenstein Law Group can help you. Call us now at (480) 248-7666 for a free initial consultation and to find out how our experienced DUI defense attorneys can help.
Going to court as a DUI defendant can be stressful. It is even more so if you do not know what to expect. If you are involved with the court system in Navajo County, here are some things you will want to consider.
The Navajo County Superior Court handles matters including civil, criminal, mental health, probate, and family law. It has two locations:
Navajo County Superior Court (County seat – Holbrook, AZ):
100 East Code Talkers Drive
PO Box 668
Holbrook, AZ 86025
Navajo County Superior Court (Show Low):
550 North 9th Place,
Show Low, AZ 85901
For case information, you can call the Navajo County Clerk’s Office at (928) 524-4188.
A criminal case against you in a Navajo County Superior Court, including a DUI case, will likely proceed as follows:
Once a defendant’s bond is set at the initial appearance, the defendant’s release is conditioned upon the terms of that bond.
A status conference is a meeting held at the court. It is an opportunity for your defense lawyer and the prosecutor to resolve the case. If they reach an agreement during this conference, then the judge will schedule a sentencing hearing. If no agreement is reached, then the court will schedule a preliminary hearing.
A preliminary hearing is also known as a probable cause hearing. The prosecutor presents evidence to the court to prove probable cause exists to proceed with the charges against you. The judge can either dismiss the case for insufficient evidence or order a trial.
At this point, your case may be “scratched” or temporarily dismissed. This only applies to felony charges. If your case is scratched, then the Navajo County prosecutor can re-file it up to seven years later.
A grand jury of 16 grand jurors is another way for the county to bring charges against you. The grand jury decides whether probable cause exists, based on evidence the prosecutor presents to it. If the grand jury decides probable cause exists, then you will receive a grand jury indictment.
Your arraignment is your opportunity to enter a plea to the charges against you. If you enter a guilty plea, then the judge will schedule a sentencing hearing. If you plead not guilty, then the judge will set a court date.
If your case goes to trial, then the prosecution must prove beyond a reasonable doubt that you committed the crime. Superior Court juries have 8 or 12 jurors depending on the charges. The jury verdict must be unanimous, or a mistrial can result. If that happens, then Navajo County might re-try your case.
If you through your defense lawyer and the county prosecutor agree to a bench trial, then no jury will participate. The judge will assume the role of the jury and will also render the verdict.
If you receive a not guilty verdict, then the judge will dismiss the charges against you. If this happens, then you cannot be retried on the same charge.
Sentencing: (If applicable)
If you receive a guilty verdict from the court, then you will face a range of sentences. The judge will set a sentencing date, during which you and the prosecution can present evidence to help the judge determine an appropriate sentence.
A DUI offense can be a misdemeanor or a felony, depending on the circumstances of your case. It is always a good idea to have an experienced DUI defense lawyer on your side no matter which of these two possibilities exist. It is an especially good idea to have a dedicated defense lawyer when you are facing a felony charge. Consider what can happen if you are convicted of felony DUI in Navajo County:
Class 4 Felony — This is for a DUI while operating on a suspended or revoked license or having 2 or more prior DUIs within the last 7 years, or if your DUI allegedly happened while you were under order to use an ignition interlock device.
If you are charged with a Class 4 Felony, then you could face a minimum of 4 years in prison and more than $4,000 in fines. You can lose your right to drive for 1 year, and when it gets reinstated you can be required to use an ignition lock device for at least 2 years. In some cases, you can also be required to complete a substance abuse treatment plan before license reinstatement.
Class 6 Felony —If you are arrested for DUI with a child under age 15 in the vehicle, then you may be charged with a Class 6 Felony. This is a less severe offense than the Class 4 Felony above. In Class 6 Felony cases, if you have good legal representation, it can be possible to negotiate Class 6 Felony charges down to a misdemeanor charge.
A DUI conviction can have a devastating impact on your life. It can reach far beyond fines and jail or prison time: a felony conviction on your record follows you long after you complete your sentence.
If you are accused of DUI in Navajo County, It is in your interest to present the strongest possible defense to avoid a conviction or to at least minimize the consequences if you cannot.
A good DUI defense is multi-layered and comprehensive. For example:
All these defenses, and others, can be persuasive in reaching an out-of-court settlement, or to present your side of the story in the most favorable light with the jury and the judge.
Our DUI attorneys at Rosenstein Law Group know how to gather evidence to support your defense, and how to challenge the prosecution’s evidence. They can make sure you comply with all the legal court deadlines that apply to your case, so you do not lose by default. They are experienced in negotiating with Navajo County prosecuting attorneys – and are seasoned trial court DUI defense lawyers too if negotiations fail.
When it comes to DUI defense, time is of the essence. If you have been arrested for DUI in Navajo County, then you must act right away to preserve your legal rights. Some legal deadlines that apply to the charges against you can come as soon as 15 days after your arrest.
Our DUI defense attorneys at Rosenstein Law Group know what these deadlines are so you will not miss any of them. They also know how to gather all the evidence you will need to support your case and waste no time collecting it before it gets lost.
Rosenstein Law Group has the experience you need when facing a DUI charge. We serve defendants across the Greater Phoenix metro area, including Scottsdale, Mesa, Tempe, Chandler, Gilbert, Phoenix, Queen Creek, Glendale, Surprise, Peoria, Tucson, Flagstaff, and across Arizona.
Contact us today at (480) 248-7666 for a free, no-risk consultation. We are available 24 hours a day, 7 days a week.