While most drivers in Arizona know that they cannot drink and drive, some might be unaware that they also are prohibited from having open containers of alcohol in their vehicles. If you are stopped by the police and have an open container of alcohol in your vehicle, you can be charged with violating the state’s prohibition against having an open container of alcohol in your car. It is not a defense to a charge of having an open container that you were not drinking alcohol from it at the time.

It also does not matter that you are of a legal age to possess and consume alcohol. An open container conviction may come with serious penalties. If you have been charged with a violation of the state’s open container laws, the attorneys at DM Cantor may be able to defend you against the charge.

What are the Open Container Laws in Arizona?

In Arizona, having an open container of alcohol in your vehicle is prohibited under A.R.S. § 4-251. Under this statute, you cannot have an open container of alcohol inside your vehicle’s passenger compartment. An open container includes any bottle or can of an alcoholic beverage that has had its seal broken or some of the beverage removed, including wine, spirits, beer, mixed drinks, or malt liquor. The law does not prohibit transporting unopened bottles of alcohol that you have purchased at a store or have been given by friends as long as their seals are not broken. However, if you go out to a fine-dining establishment and order a bottle of wine, you can be charged with an open container of alcohol violation if you subsequently transport the remaining wine home in your car after dinner.

If you are charged and convicted of a violation of the open container law, it is a class 2 misdemeanor. Under A.R.S. § 13-707, you may face a sentence to jail of up to four months. Under A.R.S. § 802, you can also face a fine of up to $750 for a class 2 misdemeanor conviction in Arizona. A conviction for violating the state’s open container law means that you would have a criminal record, which could also cause other problems for you at your job or with finding a job that you want.

What if a Passenger in Ride-Share like Uber or Lyft?

Arizona’s open container law does include some exceptions. The rule does not apply to people who are in the living areas of motor homes. It also does not apply to passengers in taxis, limousines, or a transportation network company vehicle. In A.R.S. § 28-9551, a transportation network company is defined as a company that has been licensed by the state of Arizona to connect passengers and vehicles with rides over a digital network. This would include ride-share services like Uber, Lyft, and any others that have been licensed by the state to offer ride-share services, which would mean that you should not be charged with violating the state’s open container law if you transport an opened bottle of alcohol home while you are taking a ride in an Uber or Lyft vehicle.

If you are an Uber or Lyft driver, you also should not face charges for violating the state’s open container law if one of your passengers has an open container in his or her possession while you are using the service. If you a ride-share driver and have been cited for an open container, contact our defense attorneys immediately.

Read More about Open Container Laws in Arizona…

Guide to the 5 Jails in Maricopa County, Arizona

Maricopa County Jail Information

In Maricopa County, Arizona, there is not one single Maricopa County Jail. Instead, the Maricopa County Jail consists of five different jails at various locations throughout the county. Each of the jails that make up the Maricopa County Jail system is operated by the Maricopa County Sheriff’s Office. People who are arrested in the county are sent to one of the jail locations below  and booked in. If your loved one has been arrested, you need to understand how to locate him or her and where to go if you want to post bond. Our firm has put together a comprehensive guide of  what you need to know about the Maricopa County Jail system.

This article discusses the following topics. Read each one carefully and feel free to reach out to our criminal defense lawyers for help.

• What are the different Jails in Maricopa County?
• Information about each of the Jails.
• Types of crimes people are sent to these Jails for.
• Searching for an Inmate at Maricopa County Jails
• What if arrested over the weekend?
• Requesting a lawyer if arrested and in Jail.
• How to Post Bail / Bond in Jail

What are the Different Jails in Maricopa County?

The Maricopa County Sheriff’s Office operates the following jails in Maricopa County . If you are arrested, you will be transported to one of the county’s jails, depending on your gender, whether you have been sentenced, and classification level if you have already been sentenced. The jail addresses include the following:

• 4th Avenue Jail – 201 S. 4th Avenue, Phoenix, Arizona 85003 ( map )
• Durango Jail – 3225 West Gibson Lane, Phoenix, Arizona 85009 ( map )
• Estrella Jail – 2939 W. Durango Road, Phoenix, Arizona 85009 ( map )
• Lower Buckeye Jail – 3250 W. Lower Buckeye Road, Phoenix, Arizona 85009 ( map )
• Towers Jail – 3127 West Gibson Road, Phoenix, Arizona 85009 ( map )

To reach any of these jails by phone, call (602) 876-0322  for their automated system.

Types of Crimes People are Typically Sent to the Maricopa County Jails

The Maricopa County Jails hold inmates who have been detained for both misdemeanor and felony offenses who are unable to post bond. They also are used to hold inmates who have been sentenced for crimes that carry jail sentences instead of prison sentences. Many different offenses can cause people to be arrested and sent to one of the Maricopa County Jails, including the following types:

• DUI and Vehicular Crimes
• Assault and Violent Crimes
• Burglary, Criminal Damage and Trespess
• Theft, Fraud and White Collar Crimes
• Drug Crimes (Narcotics, Opioids and Marijuana)
• Sex Crimes / Crimes Against Children
• Probation Violations
• Other Miscellaneous Crimes

People who have been charged with serious offenses such as homicides will be sent to one of the Maricopa County Jails to be held until they go to trial and are sentenced. When people are convicted of serious felonies, they will be sent to prison instead of one of the jails. The Maricopa County Jails also house people who are serving jail time for parole and probation violations. People who are sentenced to serve time in jail are those who have been convicted of misdemeanors carrying sentences of up to six months in jail.

Details about the Different Maricopa County Jails

The Fourth Avenue Jail contains 1,152 cells 2,064 beds and 288 cells that are designated specifically for high-security inmates. It is the highest security facility in Maricopa county and includes a maximum-security general population, a medium-security general population, a special management unit, and an area for sentenced medium- or maximum-security inmates who are working. The Fourth Avenue Jail has a central intake section on the first floor with initial appearance courts, a visitation area, a classification section, pretrial services, and an area to post bonds and to pay fines. The Fourth Avenue Jail is one of two jail locations that offer video visitation for all of the inmates in the various Maricopa County Jails. The phone number for the Fourth Avenue Jail is (602) 876-0322.

The Durango Jail has an inmate capacity of 2,195. It houses minimum and medium security inmates as well as sentenced inmates who are attending the ALPHA substance abuse treatment program. Built in 1976, the Durango jail was originally designed as a re-entry center. In 1996, two dormitory-style units were added to the jail, and it is now a fully-functioning jail in the Maricopa County Jail system.

The Estrella Jail is an all-female facility with an inmate capacity of 1,380. All classification levels of females are housed in this jail, including the following:

• Minimum security female inmates
• Medium security female inmates
• Maximum security female inmates
• Closed-custody female inmates
• Administrative segregation female inmates
• Nature of charges female inmates
• Disciplinary segregation female inmates
• No-work sentenced female inmates
• Working sentenced female inmates in the MOSAIC program

The Estrella Jail also contains a special program for mentally ill inmates that is overseen by Correctional Health Services, which is a separate company that works together with the Maricopa Sheriff’s Office.

The Lower Buckeye Jail has a jail inmate capacity of 2,382 and is an all-male facility. It houses minimum- and medium-security inmates as well as maximum-security inmates in an administrative segregation unit. It also houses minimum- and medium-security general population inmates along with all three levels of nature of charge inmates. The Lower Buckeye Jail also houses all juveniles that have been remanded.

The Towers Jail has an inmate capacity of 1,080. It is an all-male facility that houses minimum- and medium-security inmates. The jail holds both non-sentenced and sentenced inmates. The jail houses inmates with the following classification levels:

• Minimum security general population
• Medium security general population
• Minimum- and medium-security disciplinary units
• No-work sentenced inmates
• Medical no-work inmates
• Medical working inmates

Separate housing is provided for inmates who are veterans.

Searching for Inmate Information in any of the Jails in Maricopa County

When people are first arrested in Maricopa County, they will be sent to the Fourth Avenue Jail for processing and the determination of their classification. Some people who have committed low-level offenses will be released on their own recognizance while others may have a bond set by the court. Once the inmates have been classified, they will either remain housed at the Fourth Avenue Jail or sent to a jail that houses their classification levels. If an inmate can post bond, he or she will be released and provided with information about their charges and their initial court appearance.

If you are searching for an inmate to find out where he or she is housed, you can look on the Maricopa County Sheriff’s Office Maricopa County inmate search page and run a data search. If you have the person’s booking number, you can enter it to find him or her. If you don’t, you can also search by entering the inmate’s last name, first name, and date of birth. If a person has been arrested, you will be able to locate him or her by entering this information. However, an inmate will not be listed until he or she has gone through the booking and classification process.

What if a Person is Arrested Over the Weekend?

If you are arrested for a low-level misdemeanor offense in Phoenix or the surrounding area, you may be processed and booked into jail before being released on your own recognizance. If you are facing more serious charges, you will have to see a judge before you can be released. During the week, people who are arrested for felonies and serious misdemeanor offenses will appear before a judge within 24 hours for their initial appearances. These appearances are held by video from the initial appearance courtrooms in the Fourth Avenue Jail. During these appearances, the judge advises people of their charges and sets bail. For some offenses such as murder, the court may choose to not grant a bail amount.

If you are arrested on the weekend and are held to see a judge, you will have to wait to see a judge until the following court date when the court is open. This means that if you are arrested on a Friday evening, you may have to wait for bail to be set until Monday.

Importance of Requesting a Lawyer

When people are arrested, they should assert their rights against self-incrimination and to an attorney. They should not agree to be interrogated or answer any questions that they are asked by the arresting officers other than providing their names and contact information. If they are pulled over for suspicion of DUI , they should provide the officer with their drivers’ licenses, insurance information, and registration. They should not answer questions about whether they have drunk alcohol and should ask for lawyers.

If you are arrested, you can also tell the judge during your initial appearance that you want an attorney to represent you. If you cannot afford to pay an attorney, your case will be assigned to the Public Defender’s Office. If you can afford to hire an attorney, you can make arrangements for the lawyer that you want to hire to visit you in jail. There are attorney rooms at the jails in which attorneys can meet with their clients. You can have a loved one contact the law firm of DM Cantor to make arrangements for you, or you can call the office from the jail to request a jail visit.

Visiting Maricopa County Jail Inmates

All jail visits by the family members and friends of inmates in the Maricopa County Jails are completed by video visitation at either the Fourth Avenue or Lower Buckeye Jails for onsite video visitation. However, the Maricopa County Jails also offer “Anywhere video visitation” through Securus Technologies. Anywhere visits can be scheduled daily using an Android or Apple phone, tablet, computer, or laptop with a webcam. The Anywhere video visits cost $7.99 each. On-site visits can only occur once per week for each inmate. On-site visits are free, but each inmate can only have one per week.

If you visit a loved one either on-site or through an on-site visit or receive a phone call from him or her in jail, you should strongly avoid asking him or her about the details of his or her case or the alleged offense. Jail phone calls and video visits are recorded , and the prosecutors will use anything that is said against the inmates in the cases against them.

If you are an inmate and call a family member or friend or receive a video visit, you should likewise avoid talking about your case. If a friend or family member asks you questions about what happened, simply tell them that you cannot talk about it over the phone to protect your rights. Use your calls and visits to catch up with how your loved ones are doing rather than on explaining anything about your case.

Posting Bond to be Released from Maricopa County Jail

If you want to post bond for an inmate, you can do so at the Fourth Avenue Jail (see How to Post Bail at 4th Ave Jail ). After you have posted a bond, it can take up to 24 hours before it is applied to your loved one’s account for his or her release. If you are unable to post the entire bond amount, you can go through a bail bondsman. Bail bondsmen post the bond for people who are bailed out in exchange for a percentage of the total amount that they keep as their fee. If you do post someone else’s bond, make sure that it is someone whom you trust. You will be required to post something in collateral to ensure that the person will show up for court. If you post bail for someone who subsequently skips court, the bail bonds company will come after you for the payment of the entire bond amount.

Board Certified Criminal Law Specialization

As of the start of 2023, the State Bar of Arizona Board of Legal Specialization listed only 56 Criminal Law Specialists in the entire state.  Of these 56, only 39 are located in Maricopa County and are allowed to handle private cases.

DM Cantor has 3 Certified Criminal Law Specialists, the most of any firm in Arizona.

When defending DUI or criminal allegations, it is critical to have as many Board Certified Criminal Law Specialists on your legal team as possible.

The specialization process is so rigorous that only 23 current Criminal Law Specialists have been certified in the last 20 years.

In addition, all specialists must be approved for re-certification every 5 years.

At DM Cantor, our attorneys have conducted Jury Trials on over 1,000 cases.

Every case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the case’s progress.

We wouldn’t have it any other way.

Get Immediate Help from DM Cantor

If you or your loved one has been arrested and charged with a crime in Maricopa County, we understand it can be an overwhelming and frightful time. This is why it is a good idea for you to talk to an experienced criminal defense lawyer to help you out. Call our offices today to schedule a free consultation by calling us at 602-307-0808 .

We also make Jail Visits.

If you have ever watched law enforcement drama shows on television such as “Cops,” you have likely heard about the Miranda rights being read to someone. This common phrase starts with “you have the right to remain silent.” In these shows, the police officers routinely read people their rights when they take them into custody. You may be unfamiliar with why the Miranda warnings are read and what they are meant to protect. Here is what you need to know about your Miranda rights when you are stopped and questioned by the police in Arizona. Keep in mind, if facing charges, speaking with a defense attorney could mean the difference between freedom and incarceration.

This article discusses:

• What are your Miranda Rights and How do they protect you?
• When do they have to be read to you?
• What if the Police didn’t read your Miranda Rights?
• What is Self-Incrimination?
• If you chose to remain silent, can it be used against you?

What Are Your Miranda Rights?

The Miranda rights are your constitutional rights under the Fifth and Sixth Amendments of the U.S. Constitution. A reading of these rights is known as a Miranda warning, and it comes from the U.S. Supreme Court’s landmark decision in Miranda v. Arizona, 384 U.S. 436 (1966). In the Mirandacase, police officers went to the home of Ernesto Miranda, who was suspected of stealing $8 from a bank worker. They asked him to go with them to the police station for questioning. While he was being questioned, he admitted to rape and kidnapping and signed a statement of admission. He was subsequently tried for the kidnapping and rape and was convicted. Miranda appealed his case through the Arizona and federal court systems, and the U.S. Supreme Court agreed to hear it.

Click to Read More about Miranda Rights…

In Arizona, one of the most dangerous types of accidents that may occur is a wrong-way crash. People who are involved in head-on collisions with drivers who are driving the wrong way are much likelier to suffer catastrophic injuries or to die. Drivers who drive the wrong-way may do so for a number of different reasons. If they are under the influence of alcohol or drugs at the time of their accidents, they may face a variety of different types of criminal charges that carry severe penalties.

People who are facing criminal charges for driving the wrong way and causing a collision should seek help from a knowledgeable criminal defense attorney in Phoenix at DM Cantor. Our legal team includes four lawyers who are board certified criminal defense specialists, and we have secured more than 4,700 victories for our clients, including victories in more than 2,900 DUI and vehicular crimes cases.

Wrong-Way Car accidents vs Other Types of Collisions

Wrong-way driving occurs when a driver drives his or her vehicle in the wrong direction on a highway, freeway, or road. According to the Federal Highway Administration, an average of 300 to 400 people are killed in the U.S. each year because of collisions with wrong way drivers. While this number represents just about 1% of the total number of traffic fatalities that happen each year, wrong-way collisions tend to be much more serious than other types of accidents. This is because these accidents often occur on highways and freeways where the speed limits are higher.

According to a study that was completed by the Arizona Department of Transportation reporting from 269 wrong-way crashes during a 10-year span from 2004 to 2014, 25% of wrong way crashes involve fatalities. Among other types of collisions on highways, only 1% involve fatalities. A large majority of wrong-way accidents occur between the hours of 6 p.m. and 6 a.m., and 65% of the crashes are caused by drivers who are under the influence of alcohol or drugs. AZDOT also found that 57% of these crashes happen on the weekends.

Because of the problem of wrong-way driving in Arizona, Gov. Doug Ducey signed HB 2423 into law in March 2018. This law amended multiple statutes and made wrong way driving while under the influence of alcohol or drugs a felony offense. It is crucial for people who are charged with a wrong-way driving offense to seek help from an experienced criminal defense lawyer as soon after they have been charged as possible. An attorney at DM Cantor may identify all of the possible defenses to the charge and work to build the strongest defensive strategy for his or her client.

Continue Reading About Criminal Charges and Possible Defenses…