PRECHARGE DUI MISDEMEANOR AND DUI FELONY CASES

Whether in the Phoenix area, or anywhere in Arizona, if you are arrested, questioned and released without a citation (or if the police are attempting to contact you regarding criminal allegations from another person) then you are currently in the “Precharge/ Investigation Stage” of a criminal case. This is the most important time to contact a private investigator.  We will provide the resources you need and recommend the best possible solution. Once you have been charged, this information will always be logged inside of a computer, and you will always have to consider this every time you apply for employment. If you are applying for certain jobs you will also have to wait in wonder if this will show up on a background check.  The social stigma and effect on your career may have lifelong negative consequences. 
In certain DUI cases the police officer will  get a blood or breath test, and then you will be released without any type of citation or paperwork. The reason that the Police do this is that they are waiting to get a blood result, or they wish to do a “Long Form Complaint” and route your police report to the Prosecutor's Office.  The prosecutor's office then makes a charging decision. If it is a misdemeanor, according to Arizona law (Statute of Limitations) they have one (1) year in which to file charges. In the case of a felony they have seven (7) years to file charges before the Statute of Limitations runs out. There is no Statute of Limitations for Vehicular First Degree Murder.
If you were served with an “Administrative Per Se, Implied Consent” DMV (Department of  Motor Vehicle) affidavit on the date of your arrest (i.e., a pink and yellow piece of paper), we can help you file a Request for Hearing with the DMV. If your case involves the taking of blood during your DUI arrest, you will need to wait and see whether your results come back above or below a .08. If they are above a .08, the Officer will forward a request for suspension to the DMV office. The DMV office will then notify you with a Notice of Suspension.
It usually takes the DMV approximately two months to send out a hearing date notice after a Request for Hearing is completed. The hearing is then usually held one month after the notice is received. During this two to three month time span, your license is valid and you are allowed to drive. You will either have the yellow copy in your possession (if your case was a “breath” case), or it will be entered in the computer that you are okay to drive if you are a “blood” case. If you are stopped by an Officer during that period of time and he informs you that your license is suspended, simply tell him that you have submitted the paperwork and requested a hearing. The Officer may still cite you for driving on a suspended license.  If you have retained representation contact your attorney immediately and they will inform you of how to proceed.  In regards to additional criminal charges beyond the potential DUI, if you have hired an attorney the following is a list of other things that may happen during your investigation.
• Contact the Officers or Detectives involved in your case.
• The charging prosecutors' will be contacted.  Attempts will be made at this time for the case not to be charged or for them to charge it to the lowest possible offense.
• The police report will be reviewed with you present.   Normally the report is not available while the investigation is still pending.  Additionally the officers or detectives will not grant an interview while the investigation is pending.
• An attempt will be made to interview any known civilian witnesses.
• If your case involves specific false allegations of conduct you may benefit from having a poligapher conduct a polygraph examination (lie detector test).
• Hire a private investigator to investigate and research your case.

This article is to be suggestive and informative only, we are not attorneys.  Each private investigation company operates in a different manner.  Additionally, if you have hired an attorney they may or may not believe that these suggestions are helpful.  In closing,  beware the prosecutor does not have to inform you that charges have been filed.  In the best case scenario you receive a notice by mail of a summons issued to the address listed on the date of the alleged violation, or they could  issue a direct “Bench Warrant” for your arrest. If you have  hired our agency to assist you we will check periodically with the Court to see if the Prosecutor filed charges. If a Bench Warrant is discovered, we will call you immediately and walk you through the process of resolving the warrant. 

 

 

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