Chuck Franklin

Description

At Chuck Franklin Law we are dedicated to protecting the rights of the accused. As a criminal defense lawyer it is our job to be sure you get a fair trial. We have over 22 years of criminal defense experience with federal, state, and municipal felonies and misdemeanors, including but not limited to assaults, thefts, sex crimes, drugs, traffic and other personal and property crimes. Being accused of a crime is very stressful. However, you will find that we provide a stress-free environment, the honest answers to all your questions. We will protect your rights! CALL CHUCK NOW FOR FREE LEGAL ADVICE 480-545-0700 RULE #1: Never speak to the police for any reason when you are the subject of an investigation of any kind (5th Amendment, US Constitution). You must give the police your name when asked, but nothing more. You may think you can talk your way out of any given situation, but you will only make things worse and “anything you say will always be used AGAINST you”! RULE #2: Ask to speak to an attorney from the beginning when the police begin to question you (6th amendment to the US constitution). Do not let the police convince you that you don’t need an attorney. The police will typically ask you, “why do you need an attorney if you haven’t done anything wrong?” Answer: Because I have that right! The police or the government can never comment on your “demand to talk to legal counsel” or your invocation of your “right to remain silent” in a courtroom during a trial. So invoke the two most important rights you still have in this country. It makes my job easier and you stand to benefit enormously from it. RULE #3: Do not fight your battles in the street with Law Enforcement. Let your lawyer fight them in a courtroom for you. Lways be cordial and polite to law enforcement. Being cordial and polite is giving up nothing. Being a jerk will not get you anywhere with the cops, and will surely antagonize a jury when they hear about it. So many of my clients would have walked out of a jury trial with a “not GUilty” verdict had they just been polite to the police when contacted, but instead the jury didn’t like them and they were convicted on their attitude alone, especially in DUI/DWI trials. I have been told this on multiple occasions after the trial was over. Fight your battles in the Courtroom! RULE #4: Do not give consent to search any vehicle or residence because you “have nothing to hide.” It is your constitutional right to object to a warrantless search. Do so! Make law enforcement earn their money. Make them get a warrant based on probable cause. IF they can’t convince a judge to issue a warrant based upon probable cause that a crime has been committed, they are not entitled to search your auto or residence. There are some warrantless exceptions to the general rule of rquiring a warrant, but let your lawyer deal with that in a courtoom. Never give consent! RULE #5 (DUI/DWI): Law enforcement are allowed to receive, and you are obligated to give consent for a blood, breath, or urine sample(s) when and only when you are arrested for DUI/DWI or any related type of offense. Do not refuse the request. CALL CHUCK NOW FOR FREE LEGAL ADVICE 480-545-0700 Criminal convictions have different penalties dependent upon the crime. Below you will find some of the basic guidelines for Arizona. This overview provides very basic and general concepts in Arizona Law. You can view the 2008 Criminal Sentencing Provisions for more information. Keep in mind that each case is different. Misdemeanors – Misdemeanors are broken down into three categories. Class Maximum Jail Term Maximum Probation Term Maximum Fine 1 6 months 3 years $2500 2 4 months 2 years $750 3 30 days 1 year $500 Some misdemeanor offenses such as driving under the influence, allow the court to place a person on probation for up to 5 years even though it is a misdemeanor. Felony Offenses – Felony offenses are divided into six classes. For a first time felony offense if the offense is a Class 2 through 6 felony, the person is eligible for placement on probation. If a person stands convicted of a Class 1 felony, prison is mandatory regardless of whether it is the first felony conviction. Class Prison Range for First Offense Maximum Probation Maximum Fine 2 3-12.5 years 7 years $150,000 3 2-8.75 years 5 years $150,000 4 1-3.75 years 4 years $150,000 5 6 months-2.5 years 3 years $150,000 6 4 months-2 years 3 years $150,000 Class 6 Non-Dangerous Felony - A class 6 felony has some unique features. A Class 6 felony may be designated a felony, remain undesignated, or be designated a misdemeanor. If a class 6 felony is designated or undesignated it acts as a felony. When the class 6 felony is undesignated it allows a person to earn a misdemeanor conviction. Typically, if you successfully complete the terms of probation, a class 6 undesignated felony will be designated a misdemeanor. The designation does not happen automatically though and must be requested when probation is over. Prison Ranges and Prior Felony Convictions - Within each prison range described above, there are 5 different terms. 1. Presumptive 2. Aggravated 3. Super Aggravated 4. Mitigated 5. Super Mitigated A person is no longer eligible for probation supervision if there is a prior felony conviction that would be a felony offense in Arizona. For more information and the sentencing ranges please look at the Arizona Sentencing Provisions. Sentence Enhancements – Different factors can alter the general sentencing structure described above. Here are some examples: Factor Impact on Prison Sentence On Felony Probation at time of offense. No less than presumptive term On release, probation or community Supervision at time of offense 2 additional years of prison consecutive sentenced Term Aggravating circumstance allows a sentence above the presumptive term Mitigating circumstance allows a sentence below the presumptive term Dangerous allegation mandatory prison Domestic violence offense additional probation terms Violating probation while on Intensive probation mandatory prison Dangerous crimes against children enhanced prison ranges *The information contained in this website is for informational purposes only and should not be construed to be legal advice. If you want legal advice, contact Chuck Franklin personally. Remember, the law is fluid and forever changing. Therefore, contact Chuck Frankin for the latest information on the current state of DUI/DWI law in Arizona.

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