Monthly Archives: November 2011

30Nov
Understanding the Fourth Amendment: When do the police have the right to search your home in Arizona?

Posted by Naegle Law | Posted in Arizona Search and Seizure Law

Another interesting case is being heard next week in the U.S. Supreme Court. On December 5th, the justices will hear oral arguments in a fourth amendment case, Messerschmidt v. Millender. The case concerns search warrants and immunity for a police officer who executes a warrant that later turns out to lack probable cause. Ms. Millender claims that Detective Messerschmidt should have never executed a warrant to search her home and take her legally possessed firearms because neither had anything to do with the crime being investigated. She claims that detectives should have only been looking for her son, who was wanted in connection with a crime involving a deadly weapon. Her son did not live at the residence.

It will be interesting to see what the court says regarding the matter but this also brings up a question regarding Arizona Criminal Defense Law – When do the police have the right to search your home in Arizona? Are police allowed to enter your home without your consent? In Arizona, the fourth amendment prohibits a police officer from entering your home without authority of law, which means a warrant. The only exceptions are if it is an emergency situation or if they have your consent.

So should you let officers in if they want to interview your son or daughter? What about if they want to search their room? You are well within your rights to ask to see a warrant. If the Arizona police officers are unable to do so, you may ask them to leave the property. It would be advisable at that time to contact an Arizona Criminal Defense Attorney to learn more about your rights are if in fact they produce a warrant and come to your home again. In the case where the officers ask to interview your son or daughter, you may ask them to return at a later date or time when you, you child and your Arizona juvenile criminal defense attorney can be present. If you allow police to enter your home without a warrant, any contraband in plain site can be seized without a warrant and used as evidence in a Arizona criminal proceeding.

Don’t feel like you have to answer all of the officer’s questions but above all remain respectful and do your best to find out the background information on the investigation involving your child. Always remain calm and poised no matter if you decide to let the officers enter your home or not.

If you have any questions about the content of this blog or if you feel like your rights were violated in a situation involving search and seizure in Arizona, contact Arizona juvenile defense attorney and Arizona criminal law attorney, Charlie Naegle, for a free consultation where you will go over the facts of your case and your options. Call the Naegle Law Firm now at 602-663-9958 or use the webform below to request a free, anytime, anywhere consultation.

25Nov
Qualities of a Good Arizona Criminal Defense Lawyer

Posted by Naegle Law | Posted in Arizona Criminal Defense Law

When you’re involved in criminal defense case, you want a good Arizona criminal defense lawyer on your side. So what are the qualities to look for when choosing the best attorney to handle your Arizona criminal defense case?

A good criminal defense lawyer who handles many types of criminal cases should be well-versed with all criminal defense laws and should know how to comprehend the case’s intricacies. Ask questions of any attorney you meet with to make sure they understand the details of your case. They should also be able to give you various options and defense strategies without hesitation.

How will you know if the Arizona criminal defense lawyer you are looking at is among the best in the legal field? Look online at what his peers and clients have to say about the lawyer. You can also try asking people you know or work with if they have any recommendations. Arrange for a free consultation so you can get a feel for his or her approach to criminal defense. You also want to make sure that your personalities work well together. In every criminal case, the accused should confide everything to the lawyer so the Arizona criminal defense attorney can then make the necessary defense plans.

Here are some other qualities to look for when searching for a good and competent criminal defense lawyer:

  • Knows the various criminal laws and has previous experience defending these types of cases.
  • Passionate about protecting his client’s rights to promote justice.
  • Intimidating, confident, and bold during court proceedings.
  • Should have effective convincing powers and be able to appeal to a jury’s emotions.
  • Has won cases similar to yours.
  • Can stand up in front of the judge with confidence and is not intimidated easily by the prosecution.
  • Understand police work and is able to find out facts of the case.
  • Honest and fair.

Finding a competent and good defense lawyer should be your priority when you are facing criminal charges, even if you are only looking for a consultation.

Do you need someone to defend you and your rights? Call the Naegle Law Firm for you free consultation with Arizona Criminal Defense Attorney Charlie Naegle. Learn more about Charlie here and look into his recent successes. Call 602-663-9958 or use the consultation request form below to schedule your free Arizona criminal defense consultation.

22Nov
What does “DUI in the slightest” mean in Arizona?

Posted by Naegle Law | Posted in AZ DUI Law

Sometimes individuals are charged in Arizona with “DUI in the slightest”. DUI in the slightest can mean many things. First, a DUI is always charged one of two ways.  The first way is for having a blood alcohol concentration (BAC) of .08 or higher. The second is for being “impaired to the slightest degree”. Both charges carry the same mandatory minimum punishments.

“Impaired to the slightest” can mean many things, but basically the prosecutor must show only that you were impaired in some way, shape or form. They may do this if they can:

  • Get expert testimony that if an individual has over a .08 BAC, that individual is impaired to drive.
  • Describe your driving behavior (swerve, weave, drove too slow, etc.).
  • Describe your demeanor and reactions in the car.
  • Describe what you did when you parked or exited the car.
  • Describe your speech.
  • Show how you performed on the field sobriety tests.

A lot of times officers confuse impairment with other things such as injury, medical problems, and lack of sleep. If you have been charged with a DUI in Arizona you should not fight it alone. Retain an DUI defense attorney who understands DUI defense and how to protect your rights. Contact Charlie Naegle, for a free DUI consultation where you will go over the facts of your Arizona DUI case. Call the Naegle Law Firm now at (602) 663-9958 or use the webform below to request a free, anytime, anywhere consultation.

20Nov
Why Should I Hire a Arizona Criminal Defense Attorney?

Posted by Naegle Law | Posted in Arizona Criminal Defense Law

If you or someone you know is facing criminal charges, meeting with an Arizona criminal defense attorney is one of the best things you can do for your case. The legal process can be very complicated but a good criminal defense lawyer simplifies the entire process.

There is a huge difference between your charges being dropped and receiving a sentence in jail and hiring a competent, experienced, and qualified Arizona criminal defense lawyer gives you the best chance of receiving the best outcome for your criminal case.

Criminal defense lawyers handle different types of cases including those involving domestic violence, drug crimes, traffic violations, probation offenses, parole, juvenile crimes, and white-collar crimes. When you’re looking for a criminal defense attorney, there are several factors to consider.

  • How much experience does this attorney having in defending my type of case.
  • What is this attorney’s success rate?
  • Does this attorney have court experience?
  • Is this attorney successful in court?
  • Is this attorney aggressive in court?

It is always important to consult with the lawyer before retaining him or her. If you feel like you aren’t able to get along with this attorney or that you would have a hard time trusting him or her, look for another lawyer with whom you’re comfortable to talk with and entrust your case. Inquire about the rates charged by the lawyer right off the bat. Some lawyers charge flat fees while others charge hourly rates. It’s important that you are comfortable with the billing structure and how billing will be handled.

You’ll never know what the prosecution is going to throw at you. Don’t be caught off guard without a Arizona criminal defense attorney on your side. If you ask the right questions, disclose everything, and find the attorney that is right for you, it could mean all the difference.

If you are looking for an Arizona criminal defense attorney to defend you and your rights, call (602) 663-9958 or use the form below to schedule your free criminal defense consultation with Arizona criminal defense attorney Charlie Naegle. Charlie is an experienced criminal defense and juvenile defense lawyer with competitive rates and a high success rate. We look forward to meeting and possibly working with you in the future.

18Nov
Life Sentence for a Crime Committed at 14; How it affects Arizona Juvenile Defense Law

Posted by Naegle Law | Posted in AZ Juvenile Defense

There are 73 inmates throughout the nation who are serving life sentences with no possibility of parole for their part in homicides committed when they were 14 or younger. Last week, the U.S. Supreme Court agreed to hear two of these cases where the focus of the arguments center on the Eighth Amendment’s ban against cruel and unusual punishment. The Eighth Amendment reads: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” So the question here is, is a life sentence an appropriate penalty for someone 14 years old? Are there situations where this punishment might be acceptable? Does it depend on the nature of the crime?

Here are some of the facts on the two cases:

Evan Miller was 14 when he and a 16-year-old boy got into a fight with a neighbor who was drunk. They beat him with a baseball bat, took $350 and his baseball card collection and set his trailer on fire. The victim, age 52, died of his injuries and smoke inhalation. Evan was tried as an adult and an Alabama jury convicted him of capital murder during the course of first degree arson.

Kuntrell Jackson was 14 in 1999 when he and two friends robbed a video store. One of the other boys shot and killed the store clerk. Jackson was not accused of firing the gun or intending to murder the clerk. However, he was convicted and sentenced to life without parole.

There are a few recent cases regarding juveniles, the death penalty, and life sentences that favor the rulings to result in the abolishment of life without parole for minors in all cases. In 2005, the Supreme Court ruled that the imposition of the death penalty on minors was a violation of the Eighth Amendment. Then in 2010, the Court extended this reasoning to juveniles sentenced to life without parole in non-homicide cases. The Supreme Court’s decision is expected by June 2012.

Crimes involving minors are always different than those with adults. It is important that if your son or daughter has been accused or charged with a crime that you at least consult with an Arizona juvenile defense attorney about you and your child’s options.

If you are ready to have your case handled by an Arizona juvenile defense attorney who knows and understands, call 602-663-9958 to schedule your free anytime, anywhere consultation with Arizona criminal defense attorney Charlie Naegle. When you hire the Naegle Law Firm, you work directly with Charlie Naegle. For your convenience, you may also use our consultation request form and we will contact you as soon as possible.