Frequently Asked Questions

If you’re stopped for a DUI in Scottsdale, the first and most important step is to stay calm and be polite. Refrain from admitting guilt or agreeing to roadside tests, as these can be used against you later. Instead, ask to speak to a lawyer immediately.

Remaining composed and respectful during the stop can significantly impact your case’s outcome.

No, you are not legally required to perform tests like the "eye test" (HGN) or "walk and turn." These are subjective and often used to build a case against you. Choosing not to perform them does not automatically mean you will be arrested, but anything you do during these tests can be used against you later.

Most misdemeanor DUIs in the city are handled by the Scottsdale City Court. After an arrest, you will typically receive a court date for an arraignment, which is the first formal hearing in the case. This hearing is usually brief and focuses on formally starting the case rather than presenting evidence. If you hire a private attorney, they can often attend your initial hearings without you needing to be present.

Yes, it is possible. In Scottsdale, police can charge someone with DUI if they believe the person had actual physical control of the vehicle while impaired. Even if you were trying to sleep it off, factors like sitting in the driver’s seat, having the keys nearby, or the vehicle being capable of operation can lead to charges. Each situation is evaluated based on the total circumstances.

Yes. If your vehicle was impounded after an arrest in Scottsdale, an attorney can help protect your rights under Arizona’s impound and forfeiture laws, including strict deadlines like the 30-day rule. More importantly, legal help can address the underlying criminal charge that triggered the impound, whether it involves DUI, alleged vehicle theft, or another offense. Handling both issues together often improves the chances of recovering your vehicle and limiting long-term consequences.

As soon as possible. The earlier an attorney gets involved, the more opportunities there may be to protect your rights and influence how the case moves forward. In many situations, an attorney can communicate with prosecutors early, address bond or release conditions, and begin reviewing the evidence before critical decisions are made. Waiting too long can limit options and make the case harder to control. Unlike larger firms, Diaz Law handles cases personally, ensuring you are not handed off to a junior associate for this critical first step. If you hire a private attorney before the hearing, they can often file paperwork to vacate the arraignment and enter a "Not Guilty" plea on your behalf, meaning you may not need to attend in person.

After an arrest, you will be booked and may see a judge within 24 hours to determine bail. Hector will intervene to advocate for your release and start building your defense immediately.

Understanding the post-arrest process, including being processed and appearing before a judge, helps you prepare for the legal journey ahead.

It’s strongly advised not to speak to the police without a lawyer, even if you believe you are innocent. Innocent statements can be misinterpreted or used against you later.

Let Hector protect your rights from the start.

In Scottsdale and throughout Arizona, probable cause is the legal standard required for a law enforcement officer to make an arrest. It is defined as a set of facts and circumstances that would lead a "reasonable person" to believe that a crime has been committed and that the specific individual being arrested is the one who committed it. According to Arizona Revised Statutes § 13-3883, an officer in Scottsdale can make a warrantless arrest based on probable cause. If an arrest is made without probable cause, it is considered a violation of constitutional rights, and a defense attorney may file a Motion to Suppress to have the resulting evidence thrown out of court.

Not automatically; however, any statements you made after the arrest might be suppressed (thrown out), which could significantly weaken the prosecution's case.

While many first-time misdemeanors result in probation, certain charges like DUI carry mandatory jail time in Arizona, even for first offenses.

Arizona law allows prior convictions of a similar type to significantly increase baseline penalties for new offenses.

Misdemeanors are less serious offenses, often resulting in shorter jail terms. Examples include first-time DUI charges, which, while serious, do not carry the same long-term consequences as felonies.

Felonies, on the other hand, are severe crimes that can lead to substantial legal repercussions and longer prison sentences. Immediate and robust defense is necessary to mitigate these consequences.

In Arizona, a Class 6 felony is the lowest level of felony offense. It is often referred to as a "wobbler" because it can be treated as either a felony or a Class 1 misdemeanor depending on the court's final designation. Under Arizona Revised Statute § 13-604, the court has the discretion to leave a Class 6 felony undesignated, in which the offense is treated as a felony during the probation period. If the defendant successfully completes all terms—such as probation, fines, or community service—they can petition the court to designate the offense as a Class 1 misdemeanor. If the court or prosecutor chooses to finalize the offense as a felony immediately at sentencing, it becomes designated. Once designated as a felony, it typically cannot be reduced to a misdemeanor later.

A DUI conviction is permanent in Arizona, though you may be able to petition to have the conviction "set aside" or the record sealed under new 2023 laws.

If a store accuses you of shoplifting, stay calm and avoid arguing with store staff. Merchants in Scottsdale are allowed to briefly detain someone under what is called a shopkeeper’s privilege while they wait for police, but this does not mean you are guilty. You are not required to explain yourself to store security or sign any paperwork. Anything you say can later be used against you, so it is usually best to remain silent and ask to speak to an attorney.

Yes, while most are Class 1 misdemeanors (e.g., loud noise or fighting), recklessly handling or discharging a firearm during the incident can escalate the charge to a Class 6 felony.

As of May 2025, Arizona law (HB 2611) classifies "swarming"—an assault committed by an attacker with two or more accomplices—as a Class 4 felony rather than a misdemeanor.

Yes, in some situations. Certain charges, such as conspiracy, do not require that the crime itself ever occur. Prosecutors only need to show that there was an agreement to commit a crime and that someone involved took a step toward carrying it out. This can lead to charges even when no one was harmed, and the planned crime never happened.

A target letter means you are the focus of a federal investigation and may be at risk of being charged. If you receive one, contact an attorney before speaking with investigators or responding on your own. Early legal help may protect your rights and help address the case before an indictment is filed.

Yes. Even informal conversations with federal agents can carry serious consequences. Statements made without legal guidance can be misunderstood, taken out of context, or later used as evidence. Having an attorney involved helps protect your rights, manage communication, and ensure nothing is said that could unintentionally create problems.

If you receive a subpoena, it’s vital to contact Hector Diaz before responding. Subpoenas can require you to provide documents or testify, both of which carry significant legal risks.

Proper legal guidance ensures compliance without self-incrimination.

Absolutely. The investigation phase is critical for avoiding an indictment. Engaging a lawyer like Hector Diaz early on allows for the presentation of evidence, thorough investigation, and the opportunity to push back before charges stick.

This proactive defense can make all the difference.

Yes, criminal charges can have serious implications for your immigration status. Certain charges can trigger removal proceedings or block your path to naturalization.

Hector Diaz helps clients navigate these complex issues, ensuring that your defense strategy takes into account the potential immigration consequences.

Criminal charges can put professional licenses, security clearances, and employment at risk, even before a case is resolved. Beyond defending the criminal charges themselves, the firm takes early steps to limit professional and workplace fallout. This can include managing how the case is positioned, coordinating with licensing counsel when needed, and addressing issues that could impact your career, business, or reputation while the case is pending.

An arraignment is typically your first court appearance. The judge will read the charges and explain your rights, but no evidence or testimony will be presented. In some cases, your attorney may be able to appear for you, allowing you to avoid attending court in person while your case moves forward.

A bench warrant will likely be issued for your arrest, and your driver's license may be suspended. If this happens, acting quickly is important. An attorney may be able to file a motion to quash the warrant and reschedule the court date before the situation escalates further.

Yes, if you were visiting for a vacation or event, Attorney Hector Diaz can often handle the proceedings by phone, so you don't have to fly back to Arizona.