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Criminal Defense

Baumann, Doyle, Paytas & Bernstein, P.L.L.C. offers a full range of legal services concerning criminal law including:
  • Minor and serious criminal offenses not only in Maricopa County, but in other county and municipal jurisdictions, and in the Unitesd States District Court;
  • DUI (Driving Under the influence of Alcohol) or DWI (Driving While Intoxicated)
  • Domestic violence and other misdemeanor offenses
  • White collar crime (representing individuals and businesses charged with fraud)
  • Minor drug offenses (possession) to more complex situations (drug trafficking)
  • Felony offenses such as theft, burglary and robbery
  • Major felonies such as manslaughter, aggravated and sexual assault
  • Criminal defense of motor carriers and drivers

Robert L. Baumann, was formerly a criminal defense specialist certified by the State Bar of Arizona from 1993 to 2008.  Mr. Baumann was a deputy public defender for the Maricopa County Public Defender’s Office. 

Our fees for criminal defense services vary depending on the complexity of the case.  Sometimes the fee is a one-time “flat” fee and other times our services are billed at an hourly rate requiring a minimum advance payment or fee also known as an initial “retainer.”  Legal fees are established by written agreement following an initial one-hour appointment with an attorney in our firm.  The fee for the initial appointment is $100.00. 

Frequently asked questions concerning criminal defense
Frequently asked questions concerning DUI









FREQUENTLY ASKED QUESTIONS CONCERNING DUI/DWI

Question: What do I do if stopped for a DUI/DWI?
Answer:

Things to do:

  1. Ask to speak with an attorney immediately, before you answer any questions from the officer.
  2. Remain in the vehicle until requested by an officer to get out.
  3. Show your driver’s license, registration and proof of insurance, but do not answer any questions.
  4. After your release obtain an independent blood test from a hospital.
  5. Behave courteously.
Do not do the following things:
  1. Do not answer questions or agree to be videotaped.
  2. Do not take the eye test. 
  3. Do not admit anything or take any coordination tests (so called “field sobriety tests”).
  4. Do not try to talk your way out of the situation or be rude. 
WARNING:

These do’s and don’ts apply to most situations, but not all – please consult with an attorney. 

   
Question: What do I do if the officer starts asking me questions?
Answer:

Frequently an officer will ask questions of an individual who is stopped for a DUI or DWI before the suspect is informed of his or her Miranda warnings (the right to remain silent, etc.).  An officer can ask some preliminary questions as part of an initial investigation without informing the suspect of his or her Miranda warnings, but do not answer these questions and do not admit anything!  The most often asked question is: “Have you been drinking tonight?”  You should politely decline to answer this question by saying “Officer I am not going to answer any questions right now.”  If the officer continues to ask you questions, do not respond except to say the same thing and then state, “I would like to make a phone call to an attorney.” 

Do not engage in a discussion with the officer about the reasons why he stopped you (i.e. speeding, unsafe lane change, etc.).  
   
Question: Can I refuse to take field sobriety tests?
Answer: Yes and you should not agree to perform these tests, but politely refuse to take them. 

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FREQUENTLY ASK QUESTIONS CONCERNING CRIMINAL CASES

Question: Do I need a private defense attorney?
Answer:

Upon an individual’s arrest, an evaluation is made whether the individual is entitled to the services of a public defender. In most instances a public defender is appointed and sometimes the individual is asked to contribute to the costs of the public defender. You do not get to choose the public defender who represents you and this means that your access and the effectiveness of your public defender will depend on who is appointed to represent you. Some public defenders are highly competent and provide adequate representation; however, this is not always the case.
With a private attorney you generally are able to hire someone with significantly more experience who will use that experience to provide more effective legal representation.

   
Question: If I am appointed a public defender and I am not satisfied with the public defender, can I retain a private attorney?
Answer:

Yes, you can terminate your public defender at any time, providing that you have made arrangements with a private defense attorney to take over the case. Do not terminate your public defender’s service unless you have retained private counsel first.

   
Question: What if I am arrested and placed in jail and a bond is set that prevents me from immediate release?
Answer: Under Arizona law, a hearing to set conditions of release occurs within 24 hours of one’s arrest. This hearing is called an “initial appearance” and at that time, depending on the circumstances, the Court will release the individual on his or her “own recognizance” or will set a release bond. The amount of the bond generally depends upon the type of crime the individual has been arrested for and the individual’s prior criminal history. There are other factors, but these are the two most important ones. Arizona law also requires that in the event of an arrest, formal written charges must be filed within 48 hours. However, it is not uncommon for a prosecutor to not file charges within the 48 hour limit, and Arizona law mandates that the individual be released from custody under those circumstances. This does not mean that you are “out of the woods” because the same charges may again be filed against you. You may then either receive notice of those charges by mail or they may be served upon you by a law enforcement officer.

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Baumann, Doyle, Paytas & Bernstein, P.L.L.C.     2929 N. 44th Street      Suite 120     Phoenix, AZ 85018-7239     Phone (602)952-8500       Fax (602)667-6552

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