Future First Criminal Law

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We Keep Good People Out Of Jail

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A prefile DUI investigation by Glendale Police plus a companion drug investigation plus a Justice Court traffic citation carried stacked exposure across three separate matters. Future First worked all three and the State never filed DUI charges, the drug investigation was not pursued, and the traffic citation was dismissed with prejudice after diversion.

At a glance

Stage Prefile investigation (DUI and drug) plus filed traffic citation
Investigation types DUI investigation under ARS § 28-1381; companion drug investigation under ARS § 13-3408 (potential Class 4 Felony based on residue on currency); separate Justice Court traffic citation
Presumptive exposure if charged DUI: minimum 10 consecutive days jail under ARS § 28-1381(I) with up to 9 suspendable, a 12-month judge-ordered IID, base fines starting at $1,250 plus 84 percent surcharges and assessments totaling over $2,000, MADD VIP, supervised probation up to 5 years, mandatory alcohol screening and treatment, automatic license suspension, insurance rate increases, and a permanent DUI conviction. Drug possession at the felony level: Class 4 Felony exposure with a presumptive 2.5-year prison term under ARS § 13-3408 if pursued
Result After Future First’s prefile defense work, the State filed no DUI charges; misdemeanor statute of limitations has run; drug investigation (residue-on-currency evidence) was not pursued at the felony level; Justice Court traffic citation dismissed with prejudice after diversion class completion; arrest record sealing under ARS § 13-911 available immediately on both prefile matters
Set aside under ARS § 13-905 Not needed (no conviction entered on any matter)
Sealing under ARS § 13-911 Arrest record sealing available immediately on both prefile matters

The stakes

The client was the subject of two related matters: a prefile DUI investigation by Glendale Police and a separate Justice Court traffic citation. If the DUI had been filed, the client would have faced standard DUI exposure: minimum 10 consecutive days jail under ARS § 28-1381(I) with up to 9 suspendable on screening and counseling, a 12-month judge-ordered ignition interlock device, base fines starting at $1,250 plus 84 percent surcharges and assessments totaling over $2,000, MADD Victim Impact Panel, supervised probation up to five years, mandatory alcohol screening and treatment, automatic driver license suspension, insurance rate increases, and a permanent DUI conviction on the record. The matter also involved a potential felony drug possession exposure based on residue on currency, which would have carried Class 4 Felony exposure with a presumptive 2.5-year prison term under ARS § 13-3408 if pursued at the felony level.

What we did

Future First represented the client throughout the prefile investigation. The firm controlled the client’s interaction with investigators, advised on rights, and built the defense before charges were filed. After the firm’s prefile defense work, the State never filed misdemeanor DUI charges and the misdemeanor statute of limitations has now run. The drug possession investigation, which involved only residue on currency, was not pursued at the felony level. The companion Justice Court traffic citation was dismissed with prejudice after the client completed a diversion class. No conviction on either matter. No jail. No fine. No probation. No IID. Set aside under ARS § 13-905 does not apply because no conviction was entered. Arrest record sealing under ARS § 13-911 available immediately on both matters.

What the client said

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If you’re under a prefile investigation with multiple matters in Arizona

Multi-matter prefile situations are common when a single police contact produces a DUI investigation plus a drug investigation plus a traffic citation. Each matter runs on a separate track. The DUI investigation goes through the misdemeanor prosecutor’s intake unit. The drug investigation may be reviewed for felony filing by the County Attorney. The traffic citation goes to Justice Court immediately as a filed citation.

Defense work has to address each track separately. Prefile defense on the DUI controls statements to investigators and presents the defense narrative to misdemeanor intake. Prefile defense on the drug case addresses the evidence quality (residue on currency is widely recognized as the weakest form of drug-possession evidence). Defense work on the filed traffic citation pursues diversion-with-dismissal.

Three closures on a multi-matter prefile case is the strongest possible outcome. No DUI charge filed. No drug charge filed. Traffic citation dismissed with prejudice. The matter is permanently closed across all three tracks.

Future First Criminal Law has handled multi-matter prefile defense across Maricopa County and Arizona. We know how Glendale Police and other West Valley investigative units evaluate stacked prefile matters.

Related resources

Call us

Under a multi-matter prefile investigation in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We have handled hundreds of Arizona prefile defense cases. The earlier we are involved, the more options you have.


Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona criminal law, visit the Arizona State Legislature website.