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Arizona DUI Defense Attorney Guide to a DUI Arrest - Step 16 - Meeting with Attorney After Prelim.

MEETING WITH AN ATTORNEY AFTER THE PRELIMINARY HEARING / GRAND JURY INDICTMENT:

If you are represented by a Private Defense Attorney, you should already be informed and prepared for what is coming up.

In Superior Court, on a Felony charge, you will have an IPTC (Initial Pre-Trial Conference) set about a month after your Straight Waiver, Preliminary Hearing, or Grand Jury Indictment.

If you are represented by an “Indigent Representation" lawyer, this will likely be the first time you meet the “Indigent Representation" lawyer that will see you through the rest of your case. This will very likely be a different “Indigent Representation" lawyer than you met at the Initial Appearance / Not Guilty Arraignment, and a different “Indigent Representation" lawyer than you met at your Preliminary Hearing. Likely, but not definitely, the “Indigent Representation" lawyer you meet at the IPTC will be the one that handles the case the rest of the way.

It is possible, however, for you to meet with this “Indigent Representation" lawyer before the IPTC, but you need to get in touch with them by phone prior to the IPTC. You can call the “Indigent Representation" agency about two weeks prior to the IPTC, and ask to meet with your “Indigent Representation" lawyer if one has been assigned, and if they can find time to meet with you, you can be a little more prepared for the upcoming IPTC.

At the IPTC, you are basically given a few options:

  • You will be presented a plea agreement that may be the same, better, or worse than one you may have previously received. You can choose to take that plea agreement right then, but if you decide to do that, you will very likely be taken into custody right then.

  • You can choose to continue the case to what is called a Status Conference, which is a hearing about a month later, and usually coincides with the expiration date of the plea agreement. This month long continuation usually gives you some time to get your affairs in order if you were to decide to take the plea agreement and go into custody right away.

  • If you choose not to take the plea agreement at the IPTC, and regardless of whether you set a Status Conference or not, you will get two court dates set about three months out. The Trial date is the date in which the judge, prosecutor, and Defense Attorney have determined that they may be available to go to trial. The TMC (Trial Management Conference) is a hearing a few days before your trial date where you, the judge, the prosecutor, and your Defense Attorney get together to ensure that everyone is available to do the trial on the set date a few days later.

You are usually expected to be in court at 8:30 AM, and will very likely be done before noon.

Again, a Private Defense Attorney will be able to get you in and out of there pretty quick, but because an “Indigent Representation" lawyer will likely be representing a few other defendants, you may have to wait around until it is your turn to be represented.

It is very unlikely that you will have to be worried about being taken into custody at the IPTC. The only reason you will be taken into custody at the IPTC will be if:

  • You take a plea agreement that calls for prison time, or prison as a term of probation
  • You are unruly or disrespectful in court
  • You are discovered to not be complying with your release conditions
  • You are suspected of committing a crime in another offense
  • It is discovered you have other warrants out for your arrest

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