August 28, 2019

August 28, 2019September 24, 2020 By dmcantor Blog

How to Post Bail at Maricopa County Jail in Phoenix, Arizona

Many people wonder how the bail bond process works at the Maricopa County Jail (also known as 4th Avenue Jail or Madison Street Jail) in Phoenix. To summarize, a judge uses a matrix form to determine how to best proceed in the matter of bail for an individual alleged offender. The offender’s matrix form takes individual court history into account and bail amount is determined according to the following factors:

Whether the person has failed to appear for a case in the past
Seriousness of the offense
Whether the individual is on probation
Other factors regarding personal character and risk toward re-appearing in court

The judge may determine that the individual can be released on his or her own recognizance. There may be a bond, or they may be non-bondable. Being non-bondable means they must remain in jail throughout their court process. Capital murder cases and those involving crimes against children are non-bondable. Read More

August 26, 2019

August 26, 2019July 3, 2023 By dmcantor Blog

How Does a DUI Affect Your CDL in Arizona?

Receiving a conviction for DUI (driving under the influence) in Arizona can present significant problems for the defendant with a CDL. It is not necessary to be operating a commercial vehicle for a conviction to impact the commercial license status because any general driving privilege suspension period will include a suspension for the commercial driver’s license as well. The damage done by an impaired driving charge depends on the particulars of the case and the possibility of aggravated or enhanced DUI charges, as Arizona has structured a unique comprehensive approach to combat driving under the influence.

All states have stricter standards for commercial drivers who are arrested and convicted for driving under the influence in a commercial vehicle. The universal blood alcohol content level of .08 that all states have adopted for general impaired driving charges does not apply. The standard for commercial drivers to be legally intoxicated in Arizona is .04 BAC level. Commercial drivers that receive a conviction for driving under the influence in Arizona will receive a one year commercial license suspension period regardless of the vehicle the defendant was driving. Two convictions for driving under the influence will result in a lifetime suspension of the commercial driver’s license.

Receiving an intoxicated driving conviction does not necessarily restrict an individual from receiving a commercial driver’s license. An applicant can receive a commercial driver’s license if the previous driver’s license suspension period is completed, but the CDL holder will lose that license if convicted again. The law also makes no distinction between classes of commercial licenses. The suspensions apply to smaller class commercial vehicle operators as well as tractor-trailers.

The impact that a conviction for DUI (driving under the influence) can have on a professional transporter can be immense. Many individuals have invested significantly in their profession and could sacrifice a high income and comfortable standard of living for a simple infraction. In addition to drivers license suspensions, the convicted commercial license holder will receive a much harsher fine than a typical convicted impaired driver.

Convictions for driving under the influence can be a basis for immediate discharge from employment by any transportation company. Many trucking and transportation companies maintain a zero-tolerance policy for impaired driving among employees because of the impact on commercial driving insurance rates and contracted bonding agreements.

Commercial license holders should be aware that states share information concerning DUI convictions. Any CDL applicant should always list a previous conviction that is still effective during their drivers license record period. Any application that does not contain a pertinent conviction will be automatically rejected by the Arizona Department of Motor Vehicles.

If you have a CDL and have been arrested or are suspected of a DUI, give us a call. Our team of DUI defense lawyers will listen to the circumstances of your case and help to formulate defenses to the charge. Call us (or email us) today at (602) 307-0808 to schedule a free consultation.

August 24, 2019

August 24, 2019 By dmcantor Blog

Statute of Limitations for Misdemeanor DUI in Arizona

In Arizona, many DUI offenses are classified as misdemeanors. Although the jail time and fines associated with different types of DUIs can vary based on whether it is a first or second offense and depending upon how high the blood alcohol level was, the statute of limitations in Arizona for misdemeanor DUIs remains the same.

Are you looking for the Statute of Limitations for Felony DUI? Click here.

Watch this short video where David Cantor explains the Statute of Limitations for a Misdemeanor DUI in Arizona:

What is the Statute of Limitations for DUI in Arizona?

Under A.R.S. § 13 – 107, misdemeanors in the state of Arizona have a statute of limitations of one year. This statute of limitations requires the State to formally file charges against you within that time period. According to ARS § 13–107 (E), the time limitation does not include any time in which your identity is unknown. The statute of limitations also begins once the State actually becomes aware of the offense. Although this typically means a year from when you are arrested for committing the DUI, there may be exceptions to this.

For example, if you are commit a DUI in Arizona while you are visiting and then leave the state, the statute of limitations will not include the time that you are no longer in the state. According to ARS § 13–107 (D), if you are on the run or entirely absent from the state, the statute of limitations is “tolled.” This means that the time period that the State has to bring charges against you is suspended until you are found or return to Arizona.

Another exception may exist if previous charges against you are dismissed before the time limit has expired. According to ARS § 13–107 (G), a new prosecution against you can begin anytime within six months after the dismissal has been finalized, or at the original one year mark; whichever is longer.

Since the laws regarding the statute of limitations for misdemeanor DUIs in Arizona can be quite complex, if you have questions about impending charges, you should call DM Cantor for a Free Case Consultation. We can be reached by phone at (602) 307-0808 or click here to send us an email using our secure and confidential form.

August 22, 2019

August 22, 2019July 3, 2023 By dmcantor Blog

Second Offense Misdemeanor DUI Penalties in Arizona

Before you can be charged with a second DUI offense in Arizona, you must have a BAC (Blood Alcohol Content) of .08 to .149 and have a previous DUI conviction on your record. Arizona has a look-back period of seven years after the first DUI conviction. That means your first conviction will remain on your record for seven years. If you are arrested during your look-back period, you will be charged with a second DUI.

Arizona’s DUI laws are strict, and second drunk driving charges are taken very seriously. Compared to the first offense, the second DUI offense carries much stiffer penalties and fines.

Watch this short video where David Cantor explains the penalties for a Second Offense Misdemeanor DUI in Arizona:

Minimum Possible Penalties for Second Offense Regular Misdemeanor DUI in Arizona

90 days in jail with the possibility of 60 days suspended if Alcohol classes are completed. Minimum jail cost: $3,300
Alcohol Screening: $100
36 Alcohol Classes: $1,000
Fines, Surcharges, and Assessments: approximately $3,500
1 year driver’s license suspension, followed by 1 year of Ignition Interlock Device: $1,500
30 hours of Community Service
SR-22 Car Insurance Policy $500 per year for 3 years: $1,500
Car Insurance Increases up to $3,000 per year for 3 years: $9,000

Grand Total: $18,400 (with car insurance) or $7,900 (without car insurance)

What Happens After You are Charged with a Second Offense DUI?

Because each case is different, there is no right answer to what will happen in your situation. The outcome depends on the circumstances of your arrest and your defense strategy. While you will face jail time, you will not necessarily be ordered to go to jail. The best way to get accurate advice about your case and reduce your damages in court is to give DM Cantor a call to get a Free DUI Case Review.

Call 602-307-0808 now to schedule a free consultation. You can also send us a message using our secure and confidential contact form.

August 20, 2019

August 20, 2019November 17, 2023 By dmcantor Blog

Why Doesn’t Arizona Offer DUI Diversion Programs for First Offenders?

Prosecutor’s offices around the country are beginning to come around concept that first-time DUI offenders shouldn’t be saddled with a lifetime criminal conviction. That notion, in addition to the fiscal reality of bloated overtime budgets of police departments, has spawned DUI diversion programs. DUI diversion programs are offered because prosecutors and courts realize that sometimes a DUI is a mistake. Diversion allows the defendant to rehabilitate himself and demonstrate that he is capable of behaving responsibly. Will Arizona head in this direction?

How do these programs work?

In typical DUI diversion programs, such as the Back on Track Program in Florida, the defendant is required to meet certain specified conditions, such as completing substance abuse classes, performing community service, payment of fines and a substantial donation to Mothers Against Drunk Driving. Once the conditions are met, the prosecutor’s office will either reduce the DUI charge to reckless driving or dismiss the case altogether.

Admission Criteria

Generally, only first-time DUI offenders are eligible. Even a prior DUI arrest will make someone ineligible. Some of the other exclusions specific to the DUI case are high breath test results (over .20), vehicle crashes, passengers in the vehicle under 18, a prior felony conviction and multiple traffic offenses in the 5-year period preceding the DUI arrest.

Acceptance of Responsibility

Many prosecutors’ offices either require that the defendant first plead guilty to the DUI, suspending the sentence until conditions are satisfied. Other states may allow deferred (or withheld) adjudication to a lesser charge such as reckless driving. Other programs require a plea of guilty to a reckless driving charge at the outset, making each of the conditions of the program probation conditions. The defendant might have to agree to a specified jail term in the event of a willful violation.

Another problem arises with the requirement that the defendant must accept responsibility, or admit guilt, as a prerequisite to acceptance into the program. If the Defendant does not successfully complete the program, the case returns to court. The state will attempt to admit the confession or admission and many judges participate in this process by securing a statement from the defendant that he agrees that the statement of responsibility may be used against him if the case returns to court.

Additionally, it has been known to cause problems with employers whose employee conduct manuals include language about accepting responsibility or guilt to a crime as a cause for termination. A lawyer can appeal to the state and ask them to waive this requirement by showing the manual section to the state and indicting that the provision would adversely affect the defendant.

Do I Need a Lawyer for Assistance with DUI Diversion?

Facing DUI charges can sometimes be intimidating. If you need assistance with a DUI charge, you may wish to speak with a DUI lawyer in your area in order to see if your jurisdiction offers a DUI Diversion Program. Your lawyer can represent you in court and help determine if you are eligible for a DUI diversion program. A qualified attorney will also be able to assist you during the program to ensure that you complete all the program requirements.

This post is provided by Jonathan Blecher, P.A., an AV rated law firm based in Miami, Florida. For over 30 years and over 3,000 cases, Jonathan Blecher has defended good people charged with DUI and other serious crimes.

July 28, 2019

July 28, 2019September 3, 2020 By dmcantor Blog

Statute of Limitations for Felony DUI in Arizona

Driving under the influence (DUI), is a very serious offense with serious consequences in the State of Arizona. If you are charged with a DUI in Arizona, especially if the charge is a felony, you should hire an experienced attorney who knows the law to handle the matter for you.

What is a felony DUI in Arizona?

In Arizona, you can be charged with a felony or aggravated DUI if any of the following is true:

This is your third DUI charge within 7 years
You were charged with driving under the influence while your license is suspended
You were charged with driving under the influence with a child under age 15 in the car.

What is the Statue of Limitations for a Felony Aggravated DUI in Arizona?

The statute of limitations for a felony DUI in Arizona is seven years. That means that the prosecutor can charge you with a felony DUI for up to seven years after the date of the offense.

Sometimes, if you are charged with a felony DUI and the blood results are not back in time for the court date, the matter is dismissed. However, that does not mean the case is gone forever. Once the blood results are in, assuming the BAC is over the legal limit, the case can still be reinstated within the seven-year look back period.

Because of the possibility of reinstatement even after your case is dismissed, you or your attorney should perform routine warrant checks approximately every month to make sure there is no outstanding warrant for your arrest. If no warrant has been brought within three years from the date of the offense, there is a good chance you will not be charged, even though there are four more years left on the statute.

Things can get tricky if the charge is filed after you have moved from the address where you lived at the time the offense occurred. If a summons cannot be served because the address on record is no longer correct, the summons will be returned to the court and a warrant will be issued for your arrest. That means it’s possible that you can be pulled over years later on a routine traffic stop and arrested for a felony DUI based on the outstanding warrant.

If you or a loved one has been suspected of a Felony DUI in Arizona please email us or give our offices a call at (602) 307-0808 for a Free Case Review.

July 26, 2019

July 26, 2019February 15, 2021 By dmcantor Blog

Second Offense Misdemeanor Extreme DUI Penalties in Arizona

A 2nd Offense Misdemeanor Extreme DUI in Arizona is any DUI in which the blood alcohol level content is .150+ to .199. It is a second offense Extreme DUI if the individual has a prior DUI offense of any kind within the last seven years, and the current DUI is extreme. The individual does not necessarily need to have a prior extreme to have a 2nd offense extreme, as the prior DUI can be any DUI within 7 years time.

Are you looking for the punishments for a First Extreme DUI or Third Extreme DUI in Arizona?

Here is a short video of David explaining the punishment for a Second Offense Extreme DUI in Arizona:

If convicted of a 2nd Offense Misdemeanor Extreme DUI in Arizona, there are various punishments and fines. The individual will be required to serve 120 days of jail time and pay related costs, fines and surcharges of $16,000. The individual will also be required to undergo substance abuse screening for alcohol classes at a rate of $100, complete 36 of these classes for $1,000, and complete 30 hours of community service. Furthermore, the individual’s license will be suspended for a full year. At the completion of that year, a certified ignition interlock device is required to be added to the individual’s vehicle for 18 months, which will cost approximately $1,500. The driver must blow into this device in order to start the vehicle (it is hooked to the steering wheel), and then again every 15 minutes to keep the car running. Every 90 days, the individual must enter a specialized area to download the chip from the interlock device to prove that they have not been driving with alcohol in their system.

If convicted of a 2nd Offense Misdemeanor Extreme DUI in Arizona, there are also major insurance and career ramifications. A special ‘SR-22’ provision must be added to the individual’s insurance for $500 a year for three years ($1,500), which requires the insurance company to inform the DMV if the insurance lapses. In addition, your car insurance will increase $3,000 a year higher than their current rate for the next three years for a total of $9,000. If the individual has a commercial driver’s license, this will be revoked. If you have a career as a doctor, nurse, lawyer, teacher, etc., you will likely be fired or suspended because of this DUI conviction.

Let’s review the penalties associated with a 2nd Offense Misdemeanor Extreme DUI in Arizona:

• 120 days of jail time
• Jail costs, fines and surcharges: $16,100
• Substance abuse screening for alcohol classes: $100
• 36 hours of alcohol classes for: $1,000
• 30 hours of community service
• Suspended license for a full year
• Ignition interlock device for 18 months at a cost of: $1,500
• Additional ‘SR-22’ insurance provision for $500 per year for 3 years: $1,500
• Additional insurance premium costs of $3,000 for 3 years: $9,000

If you choose to drive legally once your driver’s license is reinstated, the total cost is approximately: $29,500

In the State of Arizona, a conviction for a second offense Extreme DUI is a very serious situation. Our firm has had great results in defending these types of DUI cases. If you or a loved one has been suspected of a second offense DUI in Arizona, please call (or email) our offices at (602) 307-0808 to schedule a free case consultation.

July 24, 2019

July 24, 2019February 15, 2021 By dmcantor Blog

Aggravated DUI with Child in Car – Arizona DUI

A DUI with a child in the car is referred to as “Aggravated DUI with Kid in Car”. This is a felony charge and carries more severe penalties than a typical misdemeanor DUI charge in Arizona.

In this short video, David Cantor explains what an Aggravated DUI with Kids in the Car means:

If you are stopped for a DUI with a child in the car under the age of 15, you will be charged with an Aggravated DUI and will usually be arrested on the scene. Your car will be impounded, and either a family member or Child Protective Services will be contacted to take the child home.

Depending on the results of the blood or breath test and if you do not have a prior DUI conviction, you can be sentenced to as little as 10 days in jail or as many as 45 days. Fines and jail costs range from $3,300 for a typical conviction to nearly $9,500 for a Super Extreme DUI with a blood or breath test blood alcohol content registering .20 or higher. The penalties are increased for a driver with prior DUI convictions, especially if the conviction occurred within the last seven years.

You will also lose your driver’s license for one year. If you choose to drive once your license has been reinstated then you will be required to have an Interlock Ignition Device installed on the car’s steering wheel at a cost of $1,500 per year ($3,000). This device requires a driver to blow into it in order to start the car and requires that the driver continue to blow into it every 15 minutes while the car is in operation. Every 90 days, you will be required to go to an interlock facility to have the device’s chip downloaded, in order to verify that you have not driven the vehicle with alcohol in their system.

Also, you will be required to have an SR-22. Under this high-risk auto insurance provision, the insurance companies report the driver to the DMV any time there is a lapse in coverage. The SR-22 policy is usually $500 per year and required for 3 years ($1,500). If you choose to continue to drive you can also expect an increase in your car insurance premiums. The average premium increase after a DUI conviction is $3,000 per year for 3 years ($9,000).

If convicted of any felony DUI, expect to lose any professional licenses, the right to vote, and any gun licenses. If you are engaged in a child custody dispute, you will be presumed unfit as a parent based on this conviction.

DM Cantor has been successful in many Aggravated DUI cases with children in the car. We can and will work to have the charges reduced to a regular misdemeanor DUI in order to avoid the more severe penalties that come with a felony conviction. Call (602) 307-0808 today to schedule a free initial consultation. The consultation will take about 30 minutes and will allow us time to review your case. Our offices can be reached 24 hours a day via email or by calling us at (602) 307-0808.

July 22, 2019

July 22, 2019July 3, 2023 By dmcantor Blog

Third Offense Extreme DUI Penalties Arizona

An extreme DUI is any time when your blood alcohol content is .150+ to .199. A third offense means you have two prior DUI convictions within the previous seven years, and those other DUIs do not have to be extreme DUIs; they can be any DUI conviction within the past seven years.

Looking for the penalties for 1st Offense Extreme Misdemeanor or 2nd Offense Extreme Misdemeanor?

Watch as David Cantor explains the punishments for a 3rd Offense Extreme DUI in Arizona:

Technically, if you get your third DUI in seven years of any type it can be charged as a felony, or an aggravated DUI. The consequences can mean four months in prison as well as many other consequences. Occasionally, cities will charge you with a misdemeanor DUI and keep it in the city court system. If they do keep it in the city system, then the standard offer will be six months in jail (not prison), which allows you to obtain a work release for 12 hours, six days a week. The city may keep it in their misdemeanor jurisdiction because there is a proof problem with one or both of your previous DUIs. For example, there may be an out-of-state prior, and many times there are no fingerprints taken at the time you plea; there may be no attorney waiver in the file; or there may be no guilty plea proceeding form on the record. That means in order to prove the prior many times they would have to fly someone in from out of state, to make the prior admissible. That’s why it is important to get an attorney who knows how to challenge and attack prior convictions.

If you are convicted of a third offense misdemeanor extreme DUI, you will be sentenced to 180 days in jail, and the jail time will cost you $18,500. The fines associated with a 3^rd Offense Extreme DUI will be approximately $3,700. Just the fine and jail costs alone will be more than $20,000. There are other repercussions as well – your commercial driver’s license will be gone. If you are a healthcare provider, legal professional, real estate agent, hold an SEC license, or work with the government or military, you will probably be suspended or fired depending upon your occupation. You will also have to attend 36 substance abuse classes ($1,00), install an ignition interlock device for at least two years ($3,000), and have your license suspended for at least one year.

If you choose to drive once you get your license back, your car insurance will go up $3,000 per year for the next three years ($9,000) and you’ll have to maintain an SR-22 policy on your car as well which is $500 per year for three years ($1,500). Go to our website at DMCantor.com and visit the Victory section – you’ll see how many extreme DUIs and second- and third-offense extreme DUIs we have beaten. Many times we are able to eliminate the prior DUIs, and then the 3^rd Offense Extreme DUI charge can be reduced to a first offense. That drops the jail term from 180 days to 30. If reduced to a first offense regular DUI, then this also means one day in jail which will drop the costs from over $22,000 to just $4,100.

Let’s review the punishment for a 3^rd Offense Extreme DUI in Arizona:

180 days in prison, with no work release available
$18,500 In Jail Costs
$3,000 in Fines
$1,500 for SR-22 Policy for three years
$3,000 annual insurance increase for the next three years
License suspension for at least one year

It’s important to hire a DUI defense attorney who knows what he is doing. Visit DMCantor.com and you can see our qualifications Please fill out a contact form to set-up a free initial office consultation. You can also call us (602) 307-0808 to schedule an appointment. If this applies to you, a loved one or a family member, give us a call – we would love to help you out.

July 18, 2019

July 18, 2019September 3, 2020 By dmcantor Blog

Set Aside Criminal Conviction in Arizona – How it Helps and Who Qualifies

Arizonans who have criminal records may have to contend with many obstacles when they are looking for jobs or housing. While many states offer the ability to expunge criminal records, Arizona does not have an expungement statute. Instead, it has a different process that people might undergo to attain post-conviction relief from their prior convictions. This process is known as Restoration of Civil Rights and also to have Criminal Convictions Set Aside.

People who have felony convictions on their records are also unable to serve on juries or to own or possess firearms unless their civil rights have been set aside.

This article discusses the following topics below:

Why consider filing a petition to set aside
What does expungement and set aside mean?
The process
After the courts set aside a conviction
Who does not qualify
How long does the process take?
Background checks
How Attorneys can help

Why Consider Filing a Petitions to Set Aside a Conviction?

If you have a felony conviction on your record, it makes sense for you to file a petition to set it aside. People who have felony convictions may be unable to own weapons or to serve on juries. They may also fail to pass background checks for employment and for apartments. Some types of convictions may also make them ineligible for certain types of financial aid for higher education.

Setting your record aside may restore your civil rights. While you will have to disclose that you had a conviction, employers will not pay as much attention to it when a court has granted your petition and has set it aside. This might make it easier for you to secure employment and housing so that you can move forward with your life.

If you have a prior misdemeanor conviction, it may not make as much sense to ask for the court to set your misdemeanor aside. Most misdemeanor convictions will not cause you to lose your civil rights. Your attorney at DM Cantor can help you to decide whether it makes sense for you to file a petition to set your misdemeanor or felony conviction aside.

In a recent survey, ” SHRM found that while there is a willingness to hire people with criminal records, only 5 percent of managers and 3 percent of HR professionals said their company actively recruits people with criminal records.”

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