lawyer questions

>> ryan: today, we are with david black. davidblack is a criminal attorney in phoenix, arizona. he's agreed to answer some questions todayrelated to dui. these are answers to specific questions posted on the internet. for thoseof you who post your question, obviously you are going to get your answer right away. forthose of you who just watched the video, if you are having charged for the dui, specificallyin the phoenix area feel free to reach out to david. also, he's agreed to answer directquestions at the bottom of these youtube videos. if you have a question for him, all you haveto do is simply post your questions down there and hopefully within the next 24-48 hours,he can get back to you with answer. obviously, you can also reach out to him directly. withthat said, david, i want to go ahead and go

for the first question that was posted foryou. will i need to go to trial for a dui? >> david: ryan that is a good question andit's not an uncommon question. in criminal cases, trials are actually quite rare. why?i would say is that trials in dui cases are a little bit more common than a standard gigand that is simply because prosecution is typically tough for dui's and they reallydon't negotiate as much. so we do more trials with dui's than any other case. still we arelooking at 10% or less. ultimately, the decision to go to trial is always up to the clientadvice whether or not we can get a deal that is good. obviously if we can get a dismissalbefore trial, that is best. but the decision to go to trial or not is actually always thedecision made by the client and not by us.

so that's something that you have to do inyour investigation for months, negotiating with the prosecutor, realizing that franklythere's no benefit or bargain and we might just not go ahead to trial. but you do nothave to be afraid. some people hire me and they are afraid i am going to walk in intotrial. i might advise a trial but [00:01:49.21] >> ryan: okay. next question for you was,how are my dui charges different since i had a minor in the car with me? >> david: ryan that is a good question. inorder for it to make a difference, there will have to be a minor fifteen years or youngerin your vehicle when you get a dui. that would actually make it a felony dui, an aggravateddui. there are two types of aggravated dui,

one is a class 4 felony, and one is a class6 felony that should be less serious version of the class 6 felonies. nevertheless, itis still punishable by imprisonment as much longer period of suspension actually resultsto your driving privilege. that is about the consequences that would be happening but forthe minor who is 15 or 17 years old who will be called out, no difference whatsoever. >> ryan: okay. next question we have, i liveout of state. can you still defend me for a dui? >> david: ryan, there are two considerationsthat we want to look at if somebody lives at a state and hiring us. the first is, whetheror not the felony you are going to have to

come in and out. we can likely make it travelin and out of arizona and comes out for court. and you are going to have you appearance tosuperior court and i know that unless you will not appear- at least some of the times,sometimes we would waive our appearance. now misdemeanors with the exception of a few courtsaround the area or frequently minimize for us not to appear at all. what i mean wheni say that they hire us, more quash, we can get a proof for them and frankly telling themif we get the case, "i'm sorry if we have evidentiary hearing or trial" >> ryan: okay. the last question we have herefor you. this one is pretty common one we have. how much do you charge to defend a dui?

>> david: ryan, that depends on a number offactors. whether or not we hire our next witness. whether or not we go to trial. your typicaldui fees begin at a $4000 flat and it can go all the way up to $10,000 or $30,000 ifit is a felony dui. you can really expect a flat rate somewhere between $46,000. ifit is a first time, misdemeanor dui, that is obviously subject to change and each isdifferent sometimes go over better. and sometimes for a variety of reasons, we have to chargehigher than $6000 dollar range for the misdemeanors. obviously, felonies are even more and peopleare looking at prison time. [00:04:40.00] >> ryan: all right, makes sense. with thatsaid, that was the last question we have for the day. if you are watching the video, asi mentioned, you can post the questions below.

david's agreed to get back to you. also, hiscontact information is in the comment section of this video. feel free to reach out to himdirectly if you have any questions. david, i want to thank you for your time. >> david: thank you so much, ryan for yourtime.