LAW FIRM PROFILE - DUI AND CRIMINAL DEFENSE LAWYERS


Security Title Plaza The Gillespie Law Firm, P.C. is “AV”® rated; the highest possible rating by Martindale-Hubbell®. In addition, the firm is listed in the National Bar Register of "Preeminent Lawyers", Criminal Trial Section.

The firm's primary focus is the defense of individuals accused of criminal conduct. Mr. Gillespie's extensive experience as a successful criminal defense attorney and former Deputy County Prosecutor has resulted in years of success in handling difficult DUI and criminal cases. The firm's success stems directly from the attorneys' unique expertise developed over years of practicing, prosecuting, and defending DUI and criminal cases. The firm prides itself on the methodical attention devoted to the pretrial investigation in the preparation of each client's case. The firm's commitment to excellence through thoroughly investigated, carefully prepared and aggressively litigated cases drives our attitude and belief there are very few hopeless cases.

Although this office represent clients from all walks of life, our success has led to the representation of many local professionals including attorneys, doctors, federal agents, police officers, professional athletes and executives of Fortune 500 companies and/or members of their families. Other individuals seeking our services for prompt solutions to their legal problems have included public officials, private business owners, commercial drivers, commercial passenger airline pilots and even members of the clergy. We are frequently consulted by other lawyers to help win cases, and regularly speak at continuing legal education seminars attended by other defense attorneys, prosecutors, judges and other legal professionals.


ARIZONA DUI / CRIMINAL DEFENSE
Our firm routinely handles all aspects of DUI and criminal litigation including, but not limited to, pre-trial investigations, suppression and evidentiary hearings, plea negotiations, trials, appeals, Rule 32 post-conviction petitions and forfeitures. Moreover, our office provides aggressive representation in all Department of Motor Vehicle hearings, criminal traffic, misdemeanor and felony matters including, but not limited to:

• Appeals
• DUI/DWI
• Extreme DWI
• Felony DUI
• Traffic Violations
• Manslaughter
• Vehicular Homicide

• Criminal Damage
• White Collar Crimes
• Theft/Fraud
• Domestic Violence
• Murder
• Assault
• Sex Crimes

• Drug Offenses
• Arson
• Probation Violations
• Juvenile Hearings
• Shoplifting
• Prostitution
• Computer Crimes

JURISDICTIONS
We regularly appear in Arizona's Appellate Courts, the Maricopa and Pinal County Superior Courts, and Municipal and Justice Courts in the following jurisdictions:

• Apache Junction, AZ
• Avondale, AZ
• Buckeye, AZ
• Casa Grande, AZ
• Carefree, AZ
• Cavecreek, AZ
• Chandler, AZ
• Fountain Hills, AZ
• Gilbert, AZ
• Glendale, AZ
• Goodyear, AZ
• Guadalupe, AZ
• Maryvale, AZ
• Mesa, AZ

• Paradise Valley, AZ
• Peoria, AZ
• Phoenix, AZ
• Scottsdale, AZ
• Surprise, AZ
• Tempe, AZ
• Tolleson, AZ

ATTORNEY PROFILE

Dave Roscoe, associate attorney, was born in Oxford England, in 1978, and immigrated to the United States in 1983. He graduated in 2002 with a Bachelor of Arts from the University of California at Berkeley, and in 2005 with a Juris Doctor from Arizona State University College of Law. Mr. Roscoe was hired as a law clerk by the Gillespie Law Firm in 2005 while in law school after he scored the first perfect score in his Criminal Law class in over four years. During his time as a clerk, Mr. Roscoe gained invaluable experience within the criminal law field, performing a variety of research and writing assignments. In 2006, Mr. Roscoe was hired by the Gillespie Law Firm, P.C. as an associate lawyer to the firm. He now regularly litigates DUI and criminal cases in courts throughout the valley. In addition, he handles restoration of civil rights matters and professional licensing issues for the firm. He has authored multiple successful motions and appellate briefs, including in cases before the Arizona Court of Appeals.


Linley Wilson, associate attorney, is originally from Farmington, New Mexico. She has lived in Arizona since 2002, and graduated with honors, summa cum laude, from Arizona State University in 2005 with two Bachelor of Arts degrees in Italian and Political Science. Mrs. Wilson first became involved in Arizona’s criminal justice system in 2004 as an intern with the Arizona Attorney General’s Office, the prosecutorial agency for the State of Arizona. Mrs. Wilson regularly appeared in court with the Deputy Attorney General responsible for prosecuting cases in various Arizona courts. Mrs. Wilson graduated with a Juris Doctor, Pro Bono Distinction, from the Sandra Day O’Connor College of Law at Arizona State University. During law school, Mrs. Wilson distinguished herself when selected as a Staff Writer, and later as an Associate Articles Editor, for the Arizona State Law Journal. She also served on the Pro Bono Board and as the Vice President of Social Events for the Student Bar Association. Prior to joining the Gillespie Law Firm, P.C., Mrs. Wilson clerked for a family law firm, a nonprofit libertarian law firm, and the City of Tempe Attorney’s Office. Mrs. Wilson is a member of the Arizona State Bar and regularly appears in Arizona’s Superior Court and lower courts. Mrs. Wilson’s work ethic and strong writing and research skills make her an invaluable component of the Gillespie Law Firm team.


Cynthia Kovack, a legal administrator, was originally from Hubbard, Ohio before relocating to Phoenix in 1987. Cindy maintained a career in office management for over 20 years prior to taking a position as a court clerk at the Glendale Municipal Court in 1990. While employed with the Court she became proficient in all aspects of court administration and procedure while working closely with prosecutors, defense attorneys and each of Glendale’s six judges. In 1991 Cindy accepted a promotion to legal assistant with the Glendale Municipal Prosecutor. There, she gained invaluable experience working with the city prosecutor on pre-trial motions, appeals, criminal complaints, subpoenas, interpretation of victim’s rights, orders of protection/harassment, and the city’s diversion programs. Cindy also was appointed as Glendale’s administrator and advisor for the Arizona Department of Motor Vehicle computerized system. She worked exclusively with 13 prosecutors during arraignment, pretrial, treatment court and trial stages of criminal proceedings. Cindy has dealt extensively with courts, judges, police departments, police officers and prosecutors across Arizona and brings years of legal experience and office management to the Gillespie Law Firm. Cindy is often complimented on her superb customer service and ability to quickly provide answers to client’s questions.


FIRM RESOURCES
The Gillespie Law Firm, P.C. has compiled an extensive law library to remain on the cutting edge of legal research and changing legal trends in the area of criminal law and winning courtroom strategies. The Firm contracts with WestLaw for 24/7 internet access for the most updated legislation, statutes, rules and case law for the State of Arizona and the other 49 states, all Federal Courts as well as the United States Supreme Court.





SELECTING THE RIGHT LAWYER
A criminal investigation by a federal, state or local law enforcement agency will be an experience unlike any other you have ever faced. Unfortunately, some individuals in law enforcement are over-zealous and even self-righteous. On occasion, police officers and prosecutors are capable of losing track of notions of fair play and objectivity in their drive to seek convictions. Often, law enforcement officers jump to conclusions before reasonable alternatives have been properly investigated, and the "investigation" then becomes a search only for evidence which may support their opinion you are guilty. In many cases, evidence inconsistent with the client’s guilt is ignored, abandoned, or glossed over.

The experienced criminal defense attorney thinks in terms of attacking the prosecution’s case, focusing on what the other side is required to prove so that this 'proof' can be rebutted, countered and picked apart, piece by piece. The prosecution must prove its case against the client "beyond a reasonable doubt," a standard of proof much higher than that applied in civil cases.

The job of the criminal defense attorney includes thorough legal research and factual investigation. In some cases, the attack on the state’s case will include the preparation of pretrial motions to suppress statements or evidence. Often evidence is scientifically unreliable or illegally seized from one’s person, office, home, vehicle, or computer. The lawyer’s experience and knowledge of the complex and ever changing rules and case law relating to criminal law, procedure, and evidence are the tools used to seize upon the subtle factual nuances of the particular case which will permit the construction of a winning defense.

Although we prepare each case from the beginning as if a jury trial is inevitable, in many cases, a case is won through successful plea negotiations. Following a thorough factual investigation, we are often able to convince the prosecution that the weaknesses in its case justifies a compromise on either the nature of the offense charged or its punishment. That is, identifying problems with the State’s case creates bargaining power. The prosecutor must also understand the defense attorney knows how to try a case, and, in fact, is very competent in trial. If the prosecutor wants to avoid the time and expense of a jury trial, and the risk of losing the case, a favorable plea agreement with a substantial up-side to the defendant will have to be offered.

The criminal courtroom is almost always a very intimidating environment. When you have been targeted by the government, you need a criminal defense lawyer who can protect you from the processes at work in the criminal justice arena. Retaining an experienced and skilled criminal defense attorney is the only way to ensure that your individual and constitutional rights will be protected in the unfamiliar world of judges, prosecutors, indictments, search warrants, proof beyond a reasonable doubt, and the Bill of Rights.


An experienced and knowledgeable criminal defense attorney can:


negotiate plea "deals" with prosecutors, often arranging for dismissal, diversions, reduced charges, and lesser sentencing;

   
  help clients cope with their emotions and feelings of embarrassment, uncertainty, anxiety, and fear that a criminal investigation or charges tend to produce in many individuals;
   
  provide clients with an objective perspective on their situation and what is likely to happen should their case proceed to trial. This perspective is vital for defendants trying to decide whether or not to accept a prosecutor's offered "plea agreement;"
   
  apply the applicable law, legal precedent, and rules that people representing themselves or inexperienced attorneys may find difficult to locate on their own. Many criminal law precedents are set forth in court interpretations of federal and state constitutions. For example, understanding and challenging what may constitute “reasonable suspicion” to stop a vehicle or "probable cause for arrest” requires familiarity with particular legal issues as set forth in state and federal appellate court opinions, statutory law, and rules of procedure;
   
  help you navigate the judicial system through years of practical experience. A seasoned criminal practitioner will be familiar with local court customs and procedures that are not written down anywhere. For example, a knowledgeable and experienced defense attorney may know which prosecutor or supervisor has the authority to help settle a case; what kinds of arguments are likely to appeal to a particular prosecutor, and what a certain judge may be inclined to do based upon past experience;
   
understand the possible "hidden costs" of pleading guilty;
   
gather information from prosecution witnesses, who often fear people accused of crimes and are, therefore, reluctant to speak to people representing themselves;
   
hire and manage investigators, expert witnesses, psychologists and other "defense team" members; and
   
formulate sentencing programs tailored to a client's particular needs, often helping defendants address a specific problem and/or avoid a prison or jail sentence;
 


The Gillespie Law Firm, P.C. is a leading Phoenix, Arizona DUI and criminal defense law firm dedicated to the aggressive representation of clients involving all aspects of vehicular crimes and criminal litigation. We handle cases in Federal, State, Municipal, Juvenile, and Appellate Courts throughout the greater Phoenix Metropolitan Area and all of Arizona.

 
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