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Right to a Speedy Trial and Statute of Limitations
The State has one year to bring the dui to trial as long as the defense does not cause any delays in the process. The total statues of limitations are 2 years. In many cases the defendant must come to all of the hearing that is held in court between the offense date and the pretrial. If this is the case as the defendant knows that you may have to go to court four to six times before your trial date. If the defendant does not ask for any continuances then the U.S. Constitution provides for the right to a speedy trial. Each state in the county has their own interpretation but for all crimes there is a time limit for the prosecution to get a person to trial. Therefore a good phoenix dui defense attorney will make sure the statue of limitations is protected as a viable out and therefore not ask for continuances. The important factor for consideration here is that the defense must therefore plan its depositions and experts early so that a continuance down the road is never asked for by the defense. |
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| Prosecutors typically have a large case load. Good phoenix dui defense attorneys know that their best chance for a better deal for their client will occur right before the pretrial. At this state of the game most prosecutors on a first offense at the very least in return for the dui conviction will not suspend the driver's license. This usually occurs with BAC numbers between .08 and .15. This offer is made even after the prosecutor has claimed all along they will not negotiate. |
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