James David Smith

For more information visit our website - https://www.scottsdale-duilawyer.com/

We are also available 24/7, you can call us at (480) 248-7666.

In this video, Craig Rosenstein, introduces Rosenstein Law Group, a Criminal Defense Law Firm that he opened in late 2007, in Scottsdale, Arizona. Rosenstein Law Group is a full-service criminal defense firm that has a strong focus in defense of the accused impaired driver. We are a DUI defense firm as well as providing criminal defense to those accused. We have the only two board certified in DUI Defense attorneys in Maricopa County and the only two of four in the entire state of Arizona. With the only two board certified attorneys that are qualified in Maricopa County practicing alongside each other in one firm, you can understand then why when people are arrested for DUI, why we are typically the first people they call. People who are unfamiliar with law think that all lawyers do all things, when in reality, nothing can be further from the truth. When someone is arrested and being charged by the government of a particular crime you need a criminal defense attorney. When you're being charged with a DUI there's even more nuance and specificity required, there's a range of scientific knowledge and know how that you really need to have so you really need attorneys who are well-versed and experienced in the defense of the alleged impaired driver. You need a DUI defense attorney.

The overwhelming majority of our clients have very limited experience in the criminal justice system. For them having this event is a life-defining moment and so we take that very seriously. In addition to being incredibly aggressive and competent attorneys in the courtroom we really focus on the needs of our clients. As a firm, what we do is we really treat each client individually as if it were a family member. We call it our white glove service and that's important part of what we do. This is scary and we recognize it, so we use a great deal of empathy with them. When someone calls in, they are usually either, one of two categories, they're in the process of being arrested in which case we have an entire protocol to help assist them in that scenario or they've been arrested in the preceding days and or weeks. Therefore, we will try to get him into the office as soon as humanly possible sit down with them, and discuss both what's going to happen, in our experience and expertise, in the next few hours, days, weeks, months and what they are going to look like. What we also tell people is, these cases are intrinsically organic, you never know in minute one a case is going to look like three months later, six months, even 9 months later. There is going to be a lot of unknowable’s, so what we try to do is explain to our clients just some of the intrinsic flexibility that's going to have to occur and how we're going to have to help assist them throughout that entire process.

I think our reputation precedes us. We are known as a firm that will come in and litigate cases, we will go to trial if necessary and because of that, the overwhelming majority of our cases we are able to the favorably resolve without actually having to go to jury trial. Craig sees himself as fortunate in life for being one of the few people in the world that wakes up every morning that comes into work and loves what he does. Here every day at Rosenstein Law Group, we answer calls from people who are scared, and we can alleviate those concerns and then help them through what might be the hardest, most difficult time in their lives. Craig talks about how incredibly proud of what he does for a living, incredibly proud of the work this office does in criminal and DUI defense and the results we achieve for our clients. We are happy to help in any way that we can.

Call our office at 480-248-7666 or contact us online here: https://www.scottsdale-duilawyer.com/contact/

For more information visit our website: https://bit.ly/2H1BAFh

In this video, Craig Rosenstein talks about one of our most frequently asked questions we get from clients, how long does the DUI case process take? After you've been arrested for a DUI and have posted bail, you're likely wondering what comes next. No doubt, the courtroom procedure involved in DUI cases is often the most confusing part of the entire process. Every case varies, there is no cookie cutter answer to exactly how long the DUI case will take. The DUI process from arrest to resolution varies dramatically. If everything works out perfectly, if you retain our services immediately, the day after arrest and this is when everything goes smoothly, the stars align, we can usually get your case resolved favorably within four months. The average in length, is about seven months. We understand that everyone wants this to go away as quickly as possible and would love it all over in a day. What we prepare our clients for is the long haul, we are not a law firm that will hold your hand, walk you in and plead you guilty straight away. That is what a public defender would do. We are here to prep your case for jury trial, and we are here to flesh out every issue. We are going to kick over every rock and look under every stone. The whole reason we do this, is so we can get our clients extricated from the criminal justice system with little skin in the game as humanly possible.
A look at the courtroom procedure in DUI cases and attempt to shine a light on this step in the DUI process.

Arraignment

The first time you appear in court for a DUI will be for your arraignment. It is at this point that you will be required to enter a plea for the charges that have been brought against you of either "guilty", "not guilty", or "no contest". If you are working with a DUI lawyer, they will advise you on what plea you should enter. It also during the arraignment procedure that your lawyer will be given copies of police reports and other relevant documents. At the end of the arraignment, the judge will announce the dates of future courtroom proceedings in the case. Typically, arraignments take place just a few days after your initial arrest.

Preliminary hearing

The second step in the courtroom procedure for DUI cases is the preliminary hearing. At this phase, the judge will listen to the evidence put forth by both the prosecution and the defense and determine if there is enough evidence to go forward with a trial. You can think of preliminary hearings as being a "trial before the trial", with the judge deciding if there is probable cause to proceed rather than deciding if the defendant is innocent or guilty.

Negotiating a plea agreement or trial

The prosecutor will seek a conviction, including an arranged agreement to plead guilty. Depending upon the circumstances of the arrest and evidence, it may be in your best interest to accept a plea agreement, often with reduced penalties. Your defense attorney should have experience to advise you appropriately.The trial is the most well-known phase of the courtroom procedure for a DUI case, and it's broken down into several steps. Except in the cases where the trial is heard only by a judge, the first step in the trial process is jury selection. At this point, both the prosecution and defense will question a pool of jurors to ensure that they will be able to deliver an unbiased verdict in the case. After a jury has been chosen, the prosecution and defense will give their opening statements, followed by witness testimony and cross-examination, which is then followed by the closing arguments of both the prosecution and the defense. At this point, the jury will be given instructions on the legal standard they should use to decide whether the defendant is innocent or guilty. Afterward, they will then convene and deliver their verdict. If the jury finds the defendant guilty, the judge will then announce the punishment they are sentencing to the defendant.

Appeal

If you are found guilty in trial, you may wish to appeal your case to a higher court. This typically only happens if the defense feels that there were errors in how the case was handled. If the defense files for an appeal, the higher court will look at their case and decide whether or not to grant them the appeal based on the evidence they submit.

Will my courtroom procedure follow this pattern?

The truth is that most DUI cases never actually go to trial. If you plead guilty during your arraignment, the process will end there. Even if you don't plead guilty, the defense and the prosecution may agree on a plea bargain before the preliminary hearing, though this is rare in DUI cases.

It is vital that you have a talented DUI lawyer to represent you and help you through the process.

Contact one of our Certified Specialist attorneys 24 hours a day, seven days a week at 480-248-7666 or contact us online at: https://bit.ly/2NyGbgS

For more information visit our website: https://bit.ly/2H1BAFh
In this video, attorney Craig Rosenstein explains why you should hire an attorney if you have been charged here in Arizona. He talks you through the value of representation. In Arizona, if you are charged with a felony crime or if there is mandatory jail time, then the state of Arizona is obligated to give you an attorney as representation. Those attorneys are often great people who are great attorneys who are often overworked. The biggest complaint we have seen is the amount of volume of cases that public defenders now have. When you hire a private attorney, the thing you most want, is for them to really focus on your case. Maintaining a manageable case load is essential for this to happen. We see firms charging small amounts of money, and basically you then get the exact same representation you would get if you went with your public defender, just showing up and knowing your name. What our firm provides is detail orientated and white glove service for you as a client. We provide personalized service for you, investigate your case. We make sure we can help get YOU out of the problem and situation YOU ARE in.
Allow me to present a situation. You’re being arrested for a DUI and the officer reads you your Miranda Rights. When he reaches the last sentence, “If you cannot afford an attorney, one will be appointed for you”, you inwardly feel slightly relieved. You might assume that hiring a private DUI defense attorney could be beyond your financial grasp. Knowing that you could still get a lawyer based on your ability to pay sounds too good to be true, right? Yes, unfortunately, it just might be.
The benefits of using a private attorney over a public defender for your DUI
It’s important to say that we do not want to disparage in any way the hard work and dedication of public defenders. The option of receiving legal representation from an appointed public defender is clearly one that can be hugely beneficial for someone who would not otherwise be able to hire a private attorney. Additionally, many attorneys who work in this capacity are excellent at what they do and will work just as hard in your defense.
On the other hand, this system is not without flaws. And it would be irresponsible not to address a couple of the common issues that can also come from these arrangements, especially with regards to DUI cases.
● Less focused experience with DUI cases: When you have the means to hire a private attorney, you also have the freedom to choose an attorney with specific experience in cases like yours. This means your DUI attorney will be someone who spends a significant amount of time focused on learning the intricate details of how to fight successfully. While may public defenders handle DUI cases regularly, they may not have experience with specific circumstances, details and changes in laws that can make or break a case. Ongoing education and awareness of even minor changes to relevant law and courtroom experience is particularly helpful in a state like Arizona, where DUI laws are complicated and penalties are stiff. There is a reason that many firms advertise Criminal and DUI defense. DUI is such a nuanced and technical subsect of criminal defense that it is often thought of as a different type of case.
● Overworked and underpaid - Through no fault of their own, public defenders are typically paid for their work in a couple of different ways - neither of which seem conducive to giving them the time and pay that allows them to provide 100 percent effective effort for every case. This is because they are either private attorneys who offer their services as a public defender for a capped fee, meaning that they will only be paid a set, generally small amount for working a case that would otherwise have earned them much more. or because they are employed by a city or county public defender’s office and receive a salary, far lower than what they deserve and are burdened with a case load far in excess of what should be assigned.

If you are facing a DUI, it is extremely important to get some level of defense representation. But think twice before deciding that paying little or nothing for a public defender will offer you just as much legal protection as hiring your own counsel. f you are currently facing DUI charges and have further questions regarding the role an experienced DUI attorney could have in your case, feel free to contact our office today.
When you need effective, strategic defense, contact one of our Certified Specialist attorneys 24 hours a day, seven days a week at 480-248-7666 or contact us online at: https://bit.ly/2NyGbgS