May 2010 Archives

May 31, 2010

When a DUI Becomes a Felony DUI
Arizona has the some of the toughest DUI laws and penalties in the country. Even the most basic misdemeanor Arizona DUI carries harsh penalties. But the penalties in Arizona are so extreme in aggravated DUI charge, that it can be catastrophic to your life, family, job, future and freedom. Aggravated DUI Felony Penalties are designed to punish repeat offenders, and those who may be endangering a child, if they are drunk driving in Arizona with a child under 15 in the vehicle.

The main difference in the penalty from a Misdemeanors DUI conviction and an Aggravated Felony DUI conviction is the incarceration time which can be much longer. An Aggravated DUI Felony conviction penalty may include a more lengthy incarceration and can be either in jail or prison rather than a shorter jail sentence than that of a Misdemeanor DUI. The second main penalty distinction is the exorbitant fines and license revocation for three years. This is a very serious matter, and one that should not be taken on, without an experienced Phoenix DUI Lawyer to defend you. If you are charge an Aggravated DUI Felony, make sure you hire an attorney who defends these types of Arizona DUI charges on a daily basis, is well versed in the law, court systems in the jurisdiction for which you were charged, and is extremely knowledgeable in defense strategies. Your Arizona DUI defense attorney should exhaust all avenues to attempt to get your cased dismissed. If this is not possible, they will make every attempt to get the charges lowered to a Misdemeanor DUI.

EXAMPLES OF AGGRAVATED DUI - FELONY

An Aggravated Felony DUI charge is the result from the following factors:
• 3rd DUI offense in 7 years
• DUI while driver's license is revoked, restricted or suspended
• DUI arrest when there is a child under the age of 15 years old is in the vehicle

Aggravated Felony DUI Penalties:
Subject to 4 months in Jail or Prison. (If record is clean with no prior felony convictions.)
Up to $150,000 plus 80% surcharge
$1500 prison assessment
$250 abatement fee
Evaluation Costs
Drug or Alcohol Treatment & Counseling Costs
Probation Fees
Driver License revoked for 3 years
Court ordered Ignition Interlock Device at defendant's expense

Some people tend to "give up" when charged with an Aggravated DUI Felony and feel that their live is over. Thousands of people just like you have received aggravated Felony DUI charges, including from doctors, attorneys, teachers, school principals, nurses, airline pilots, politicians, professors, engineers, singers, sports players, celebrities, ministers (it's true), sons, daughters, moms, dads, grandmothers, grandfathers, you name it. Anyone can get a DUI, Drug DUI or a Medication DUI in Arizona especially with such strict Arizona Laws. It does not mean your life is over. It does not mean you are a criminal. It simply means you are human, and all humans make mistakes, error in judgment, and go through tough times. But the worst mistake you can make after being charged, and arrested for an Aggravated Felony DUI is to do nothing. It is extremely important that you consult an experienced and proven Aggravated Felony DUI defense attorney to defend you. It will be one of the most important decisions you will make in a lifetime.

Continue reading "ARIZONA DUI LAWYER Felony Aggravated DUI Law and Penalties " »

May 30, 2010

The State of Arizona has some of the DUI laws in the country this includes the misdemeanor Arizona DUI penalties. An Arizona Misdemeanor DUI is considered a crime in Arizona. It is important to hire an experienced Arizona criminal defense attorney that defends charges of Arizona DUI on a daily basis, if you have been charged with any type of DUI. Attempting to defend your self against the state for any type of DUI is dangerous. Hiring a experienced Defense Attorney can mean the difference of getting the maximum sentence allowable by the strict laws in Arizona or getting or charges dismissed, a not-guilty verdict, or getting the charges brought down to a lower level. Below are examples of basic DUI sentencing charges, fines fees, and penalties:

Arizona Misdemeanor DUI Criminal Offenses can include the following charges:
• Impaired to the Slightest Degree
• Driving With a BAC Over 0.08%
• Driving With a BAC Over 0.15%
• Driving With Drugs in Your System
• DUI in a Commercial Vehicle
• Underage DUI

Arizona Misdemeanor DUI Criminal Offense Fines Fees and Penalties can Include the following:

1st Arizona DUI Charge Conviction (non-extreme)
1 day in jail
$250 fine + 80% surcharge
$500 prison assessment
$500 DPS
Jail Costs
Evaluation Costs
Treatment Costs
Probation Fees
90 day Driver License suspension
Ignition Interlock Device

2nd Arizona DUI Charge Conviction (non-extreme)
30 days in jail
$250 fine + 80% surcharge
$1250 prison assessment
$250 abatement fee
Jail Costs
Evaluation Costs
Treatment Costs
Probation Fees
Driver License revoked for 1 year
Ignition Interlock Device

1st Arizona Extreme DUI Conviction
30 days in jail
$250 fine + 80% surcharge
$1000 prison assessment
$1000 DPS
$250 abatement fee
Jail Costs
Evaluation Costs
Treatment Costs
Probation Fees
90 day Driver License suspension
Ignition Interlock Device

2nd Arizona Extreme DUI Conviction
120 days in jail
$250 fine + 80% surcharge
$1250 prison assessment
$1250 DPS
$250 abatement fee
Jail Costs
Evaluation Costs
Treatment Costs
Probation Fees
Driver License revoked for 1 year
Ignition Interlock Device

Juveniles Convicted of DUI (Someone under the age of 18 First Offense
Two year license suspension
$100 to $500 fine plus surcharges (court fees)
Court ordered substance abuse counseling (paid for by juvenile offender)
Community Service hours

Juveniles Convicted of DUI (Someone under the age of 18) Second Offense
30 days detention
Two year license suspension
$100 to $500 fine plus surcharges (court fees)
Court ordered substance abuse counseling (paid for by juvenile offender)
Community Service hours.

NOTE: The above Chart Does NOT include the following for which penalties; incarceration, fines fees and penalties are much harsher: Felony Aggravated DUI, Repeat Aggravated Felony DUI, First or Second DUI convictions if the DUI Defendant's license was restricted or revoked, First or Repeat DUI convictions if the Defendant charged was driving with a child in the vehicle.

Continue reading "Arizona DUI Penalties Laws Attorneys " »

May 29, 2010

Arizona State Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict. It makes no difference if the drug is legally prescribed medication by a licensed physician (A.R.S. 28-1381 3.B.) or an illegal dangerous drug (A.R.S. 28-13813.B, A.R.S. 13-3401). If the drug causes "impairment to the slightest degree" in your driving, and you are stopped by an Arizona Police Officer, you may be subject to questioning and possible drug testing for Arizona DUI. If you receive an Arizona DUI charge, you should consult an Arizona Criminal Defense Attorney, or Arizona DUI Lawyer. These are considered Arizona criminal charges; even if it is a first time offense. If your driving is altered due to the drug, any Drug, you could be subject to a DUI charge. Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....
3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...
B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.
C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."
(Cited in Part: Arizona State Website azleg.state.az.us/ars/28/01381)

If you are taking a prescribed drug or available over the counter drug, for pain, be it for headache, dental, muscle-skeletal pain, insomnia, anxiety, or a host of other causes, you may be taking a drug that can alter your ability to drive. The last thing most people think about when they are taking a legally prescribed drug, or something they just purchased from the grocery or drug store for their symptoms, is the possibility of getting a DUI on the way home or to their destination. Unknowingly, and innocently, you could be committing a criminal offense in State of Arizona.The best advice that ban be offered is simple:

• Think twice before getting behind the wheel after taking any drug
• Read Labels on the drug container
• Ask Your Doctor if you can safely drive while using the drug.
• Ask Your Pharmacist for a drug consultation when you pick it up.
• If you still are not sure, it's better to be safe than sorry. Don't Drive.

Continue reading "Arizona Drug DUI Attorney DUI with MEDICATION" »

May 28, 2010

ARIZONA FELONY AGGRAVATED ASSAULT
Aggravated assaults are far more serious than misdemeanor or simple assaults. There are several circumstances that can elevate an assault to the "aggravated" assault. Facing charges as serious as this can impact the rest of your life. With potential lengthy prison sentence, you want to be sure you have an Arizona Criminal Defense Attorney who is experienced at Defending Felony Aggravated Assault charges:

Under Arizona law a person can be charged with felony aggravated assault if they commit Assault under any of the following circumstances:

• If the person causes serious physical injury to another. A "serious physical injury" is a physical injury which creates a reasonable risk of death, or which causes serious and permanent disfigurement, serious impairment of health, or loss or protracted impairment of the function of any bodily organ or limb. A conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense. If the victim is a police officer or a prosecutor, a conviction for this offense is a class 2 felony and can result in a term of imprisonment of up to 21 years in prison for a first offense. If the victim is under fifteen years of age, a conviction for this offense is a class 2 felony and a Dangerous Crime against Children, and can result in a term of imprisonment of up to 24 years in prison for a first offense.

• If the person uses a deadly weapon or dangerous instrument. A "deadly weapon" is anything designed for lethal use, including a firearm. A "dangerous instrument" is anything that, under the circumstances in which it is used, is readily capable of causing death or serious physical injury. A conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense. If the victim is a police officer or a prosecutor, a conviction for this offense is a class 2 felony and can result in a term of imprisonment of up to 21 years in prison for a first offense. If the victim is under fifteen years of age, a conviction for this offense is a class 2 felony and a Dangerous Crime against Children, and can result in a term of imprisonment of up to 24 years in prison for a first offense.

• If the assault causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part, or a fracture of any body part. A conviction for this offense is a class 4 felony and can result in a term of imprisonment of up to 8 years in prison for a first offense. If the victim is a police officer or a prosecutor, a conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense.

• If the person commits the assault while the victim is physically restrained or while the victim cannot resist. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.

• If the person commits the assault after entering another person's private home with intent to commit the assault. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.

• If the person is eighteen years of age or older and the victim is fifteen years of age or younger. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.

• If the person commits the assault while violating a valid order of protection. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.

• If the person commits the assault against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor. A conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense. If the victim is a police officer or a prosecutor and the assault results in physical injury, a conviction for this offense is a class 5 felony and can result in a term of imprisonment of up to 4 years in prison for a first offense.

• If the person takes or attempts to gain control of a police officer's firearm or other weapon or implement. An "implement" is an object that is designed for or that is capable of restraining or injuring an individual, but does not include handcuffs. If the object is the officer's firearm, a conviction for this offense is a class 3 felony and can result in a term of imprisonment of up to 15 years in prison for a first offense. If the object is the officer's weapon other than a firearm, a conviction for this offense is a class 5 felony and can result in a term of imprisonment of up to 4 years in prison for a first offense. If the object is the officer's other implement, a conviction for this offense is a class 6 felony and can result in a term of imprisonment of up to 3 years in prison for a first offense.

• If the person is the custody of a prison, jail, or law enforcement agency, and the prisoner and commits an assault against an employee of the entity where that person is imprisoned. A conviction for this offense is a class 5 felony and can result in a term of imprisonment of up to 4 years in prison for a first offense.

To provide an immediate felony aggravated assault defense to avoid a harsh sentencing that a felony assaults charge carries with conviction, contact an experienced Phoenix Criminal Defense Attorney or Arizona Assault Defense Lawyer as soon as possible. The rest of your life and future are at stake.

Continue reading "ARIZONA ASSAULT LAWYER" »

May 27, 2010

Arizona misdemeanor assault, sometimes referred to as "simple assault" in Arizona are those that involve the putting someone in fear of bodily harm, touching someone with the intent of physical injury, or causing any physical injury to someone. If charged and convicted of a misdemeanor assault you can be sentenced to up to one year in prison and fines up to $2,500. If you have been charged with any type of assault, including misdemeanor assault you should consult an Arizona criminal Defense Attorney as soon as possible to regarding your assault charges and a defense.

There are three types of misdemeanor Assault under Arizona law, with increasing levels of severity:

• If you have been charged under A.R.S. § 13-1203(A)(3), in order to obtain a conviction, the State must prove that you knowingly touched another person with the intent to injure, insult, or provoke that person. A conviction under this subsection is a class 3 misdemeanor, and can result in a sentence of up to 30 days in jail.

• If you have been charged under A.R.S. § 13-1203(A)(2), in order to obtain a conviction, the State must prove that you intentionally placed another person in reasonable apprehension of imminent physical injury. A conviction under this subsection is a class 2 misdemeanor, and can result in a sentence of up to 4 months in jail.

• If you have been charged under A.R.S. § 13-1203(A)(1), in order to obtain a conviction, the State must prove that you intentionally, knowingly, or recklessly caused physical injury to another person. A conviction under this subsection is a class 2 misdemeanor if you recklessly caused the injury, resulting in a potential sentence of up to 4 months in jail. If the State proves that you intentionally or knowingly caused the injury, the conviction is a class 1 misdemeanor, resulting in a potential sentence of up to 6 months in jail.

If the defense is not carefully and strategically prepared, all the evidence the court will have to consider is the victim's side of the story. In that event, you could find yourself on the receiving end of the maximum penalty allowed under law for the type of misdemeanor assault, with which you were charged. To provide an immediate assault defense to avoid a harsh sentence that go along with an assault crime conviction, Contact Phoenix Assault Charge Defense Attorney as soon as possible.

Continue reading "Phoenix Arizona Misdemeanor Assault Conviction " »

May 26, 2010

ARIZONA ASSAULT CLASSIFICATIONS
In Arizona, there are two specific categories of assault. The first is an Arizona misdemeanor "assault," and the second is an Arizona felony "aggravated assault." Each assault crime exposes you to different levels of punishment. If you have been charged with Assault or Aggravated Assault, it is important that you consult with an experienced criminal defense attorney immediately about defending your assault charges.

Arizona Assault, Aggravated Assault Crimes Laws

Arizona Assault: A.R.S. § 13-1203:
A. A person commits assault by:
1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
3. Knowingly touching another person with the intent to injure, insult or provoke such person.
B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.

Arizona Aggravated Assault: A.R.S. § 13-1204:
A. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:
1. If the person causes serious physical injury to another.
2. If the person uses a deadly weapon or dangerous instrument.
3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.
4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired.
5. If the person commits the assault after entering the private home of another with the intent to commit the assault.
6. If the person is eighteen years of age or older and commits the assault on a child who is fifteen years of age or under.
(Cited in Part)

Continue reading "ASSAULT CHARGES IN ARIZONA " »

May 25, 2010

Domestic Violence Laws, Penalties and Your Defense

"Never try to resolve the Domestic Violence charges your own... Any contact with the victim could result in additional charges. Contact a Tempe, AZ Domestic Violence Attorney first."

Like many crimes, Tempe, Arizona is tough on domestic violence. Many think of domestic violence charges as something that "only happens to someone else". But the fact is that domestic violence offenses occur daily, in every neighborhood, to people all around you. It's just not something people want to discuss with others. It happens when and to those you least expect. If you are charged with a Tempe, Arizona domestic violence offense, you should contact a Tempe, criminal attorney as soon as possible. The mistake many people make, after receiving Tempe, Arizona domestic violence charges is that they try to resolve it own their own. Never try to resolve the Domestic Violence charges your own. Any contact with the victim could result in additional charges. Consult a Tempe, AZ Domestic Violence Attorney first.

Tempe, Arizona domestic violence laws fall under Arizona State Law A.R.S. Criminal Code 13. Domestic Violence law encompasses a long list of crimes. Arizona Law defines domestic violence specifically within the following references:

"A.R.S. 13-3601. Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure; notice

A. "Domestic violence" means any act which is a dangerous crime against children as defined in section 13-705 or an offense defined in section 13-1201 through 13-1204, 13-1302 through 13-1304, 13-1502 through 13-1504 or 13-1602, section 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2916 or section 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623, if any of the following applies:..."

Some think of "domestic violence" as a destructive dispute between spouses only. But in reality domestic violence laws apply to many different types of domestic relationships and include acts of abuse, to former spouses, partners, former partners, friends, acquaintances, any family members, children, elderly persons living with you, persons you are dating, persons with whom you have a child, and children and the list can go on. Any situation can bear its own unique set of circumstances or domestic relationship.

Domestic Violence crimes include any physical abuse, sexual abuse, mental abuse, harassment, custodial interference, fear or threat of violence, assault, and homicide.
Domestic violence charges are taken very seriously in Tempe Arizona. What may have started out as something minor in nature, may have become serious than you realized, and someone was hurt. If convicted of Arizona Domestic Violence, the penalties are harsh. If you have been accused of a Tempe, Arizona domestic violence crime it is important that you consult a Criminal Attorney experienced in defending domestic violence charges.

CONSEQUENCES OF A DOMESTIC VIOLENCE CONVICTION
If you receive a conviction of domestic violence in Tempe, Arizona, the state may revoke or limit child visitation rights, right to bear arms, and other privileges. Then they will impose penalties of jail, fees, fines, restitution, restraining orders, probation, counseling, a criminal record, and in some serious cases, long term or life prison sentences.
Domestic violence cases involving weapons or bodily injury to the victim are usually charged and prosecuted as Felonies. These convictions generally result in lengthy state prison sentences. If the domestic violence crimes are charged as a Tempe, misdemeanor, it is still a crime. But the penalties should not exceed 6 months in county jail. A conviction still results in a criminal record, fines, fees restitution, counseling, probation, and restraining orders and other punishments. The main difference is in the amount of fines and fees, and the length of incarceration time in jail or prison. In Tempe, the domestic violence laws almost always require that the defendant complete a Domestic Violence Counseling Treatment program, such as anger management classes or anger control therapy with a psychologist. In many cases, the court prohibits the defendant from having any contact with the victim. Often this means the defendant can not return home, for a court ordered period of time.

WHAT A TEMPE, DOMESTIC VIOLENCE ATTORNEY CAN DO
You will need an experienced Tempe, Arizona Domestic Violence attorney or Tempe, Arizona Criminal Defense Attorney who is well versed at defending domestic violence cases. They will gather and examine all the evidence available and build a defense based on your unique set of circumstances. Once the police have charged you or arrested you, they are not likely to change their mind, based on what you have to say. Your Tempe, Arizona Criminal Defense Attorney will be your voice. They will draw from their education, training, experience, litigation, case laws, Tempe, Arizona laws, and aggressively challenge any charges that are unjustified, defend your constitutional rights, and make every effort to get your case dismissed, evidence suppressed or charges reduced for the best possible outcome in your case. That is the job of your Tempe, Arizona domestic violence attorney.

Continue reading "Domestic Violence Tempe, Criminal Defense " »

May 24, 2010

You need to consult a Chandler DUI Lawyer if you face Chandler DUI Charges
Chandler residents and drivers beware if you are driving impaired in Chandler Arizona due to alcohol or Drug DUI. Like most cities in Arizona, Chandler Police are tough on Chandler DUI drivers. The Chandler Police Department Traffic Division, includes a Motor Team currently has 1 sergeant and 6 motor officers assigned solely to search for and arrest potentially impaired Chandler DUI drivers. One of their main objectives, as a team is to reduce the number of Chandler DUI drivers on the roads Chandler Police Department also has a Forensic Science Laboratory where the analysis of dangerous drugs and narcotics are performed. This laboratory also performs blood analysis in the investigations of alcohol-related crimes, including driving under the influence. If you are charged with a Chandler Arizona DUI or Drug DUI, it is crucial that you consult a Chandler DUI Defense Attorney as soon as possible regarding a defense.

If you are charged with a Chandler DUI or Drug DUI, you will be held to the DUI laws and criminal code under the Arizona Laws. The Arizona DUI laws are some of the strictest in the country. The consequences of am Arizona DUI are greater than many people realize. Even if you avoid jail and pay a reduced fine, the cost in increased insurance premiums alone means your DUI conviction stays with you for years to come. Chandler Police Department and Law Enforcement Officials are tough on crime and Chandler DUI arrests and convictions. Even the most basic Chandler DUI charge first time Misdemeanor conviction carries incarceration jail time with it, including fines, fees, and other penalties. You will need to hire an experienced Chandler DUI Attorney, who defends Chandler DUI and drug DUI charges. Without a private defense and legal representation the chances of getting your Chandler DUI charges dismissed, charges reduced, or getting any type of favorable outcome of your case are drastically reduced.

A good Chandler DUI Defense Attorney will make sure your constitutional rights have not been violated, obtain and examine all evidence and depending on those circumstances, and then mount a strong defense on your behalf. Every case is different and holds a separate set of circumstances. So it is important that you contact an experienced Chandler Arizona DUI Defense Attorney as early as possible, so they can begin working on your case immediately, fight for a dismissal, reduced charges and the best outcome possible.

Continue reading "A CHANDLER DUI LAWYER CAN MAKE A DIFFERENCE" »

May 23, 2010

Why you need a Gilbert AZ DUI Attorney if you have been charged with a DUI in Gilbert, Arizona

In 2009, the City of Gilbert stopped well over 30,000 drivers for suspicion of Gilbert DUI charges either at scheduled Holiday Gilbert Arizona DUI Sobriety Checkpoints, DUI Task Forces, DUI Road Blocks, or DUI Independent stops. There were 2,221 Gilbert DUI arrests which resulted from these DUI stops. Many of those however, were not convicted of the DUI or Drug DUI for which they were charged. Many hired private DUI Attorneys who practiced in Gilbert Arizona to defend their Gilbert Arizona DUI case, and were able to get their case dismissed or significantly reduced charges and penalties due to a violation of constitutional rights, not enough alcohol or drugs in their system, or other defense mechanism that was used by an experienced Gilbert DUI Attorney. If you have been charged or arrested for a DUI in Gilbert Arizona, you should consult a Gilbert, Arizona DUI defense attorney as soon as possible. Your chances of getting a dismissal or reduction in charges after getting a DUI or Drug DUI in Gilbert Arizona, without the help of Gilbert AZ DUI lawyer, are slim to none. Gilbert Arizona is extremely tough on DUI charges and DUI penalties. You will need a strong defense, one that a good Gilbert AZ DUI lawyer can provide. In Gilbert, Arizona you are will be subject to the strict DUI laws and punishments of the State of Arizona DUI laws. Many stops are for Misdemeanors, which are more basic DUI charges. However, even a Gilbert Misdemeanor DUI penalty includes incarceration in jail, fines, fees, and other adverse consequences.

One of the Gilbert Traffic Unit's major priorities is DUI enforcement. Through grants, the Governor's Office of Highway Safety has provided the Traffic Unit with a Gilbert DUI enforcement van, an unmarked enforcement vehicle to combat aggressive driving, Chevrolet utility truck to store and transport reconstruction equipment, window tint meters, laser guns, preliminary breath testing devices, and overtime funds for neighborhood traffic enforcement, occupant protection enforcement, DUI enforcement and funds to certify officers in phlebotomy for DUI processing. They currently have currently have a day and night time DUI team totaling 10 motorcycle officers, three collision investigators, two sergeants and a lieutenant. Many motorcycle officers have additional training and are certified in Drug Recognition which includes additional training for dealing with persons impaired by drugs or alcohol and Phlebotomy - training with taking blood samples for DUI evidence and DNA testing. (cited in part from Gilbert Arizona website: gilbert.az.us/police/traffic.cfm)

Gilbert Arizona has a long standing reputation for being tough on DUI and Drug DUI charges. The city takes it very seriously. Gilbert DUI laws are strict and punishments harsh. It is dangerous to try to defend your Gilbert AZ DUI charges without an Attorney. If you are stopped and charged you should hire a Gilbert AZ DUI Lawyer who defends all kinds of DUI and Drug DUI charges regularly for Gilbert Arizona DUI arrests. Make sure your Gilbert DUI Lawyer is an experienced litigator; understands the laws, including all the newest and changing laws; breath and blood testing issues, and most importantly, is familiar with defense strategies and methods that can be used in your defense for Gilbert DUI or Drug DUI Charges. Hiring such a good private Gilbert, Arizona DUI lawyer or not, can make the difference between a conviction or a dismissal, or a bad outcome and a great outcome. The sooner you make this decision, the easier it will be for your Gilbert Arizona DUI Defense Attorney to build and mount a defense on your behalf against the Gilbert DUI Prosecution.

Continue reading "Gilbert DUI Lawyers Know Your Gilbert DUI Defenses " »

May 22, 2010

How Good Scottsdale DUI Lawyers use the Law and Defenses to Your Advantage

Good Scottsdale DUI Lawyer
will pull from their education, training experience and arsenal of defenses to fight to help you beat your DUI charges. If you have encountered Scottsdale PD and received a DUI in Scottsdale Arizona, you know the odds are against you. They are tough on crime and tougher on Scottsdale DUI charges. The only way you will be able to take control of the situation and fight your DUI charges is to hire a DUI Attorney who defends clients regularly in Scottsdale for their DUI charges. A

"A Good Scottsdale DUI Lawyer will pull from their education, training, experience and arsenal of defenses to fight to help you beat your DUI charges."

Below is just a few examples taken from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book Author: James Novak, to give you an idea of a few defense strategies a Scottsdale DUI Defense Attorney may use:

BREATH TESTING IS INACCURATE
Were you charged with a DUI based on one breath test result?
Virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much as +/- 10.0%. This could be increased due to other factors. Therefore, two breath tests must be conducted.

DUPLICATE BREATH TEST NOT TIMELY
Did the officer take another breath test less than 5 minutes from the first test?
After the first breath test, a second must be administered at an interval not less than five minutes or more than ten minutes. If this is not followed then the breath test evidence
can be suppressed.

DUPLICATE BREATH TEST OUT OF RANGE
Were the two breath tests that you took, far apart in range, and still used to charge you with a DUI?
Two breath tests are given. If the second test is not within 0.020 alcohol concentration of the first test, additional tests shall be administered until the results of the two consecutive tests are within 0.020 alcohol concentrations. If this procedure is not followed and the results are outside the allowable range that breath test evidence may be suppressed.

BAC AT THE TIME OF THE DRIVING WAS BELOW .08.
Was your DUI testing conducted within two hours of your driving, being in physical control, or potential to be in physical control of a vehicle?
The blood alcohol level is not constant in the defendant. It rises as it is absorbed by the body; it falls as it is processed by the body. The prosecution must establish that you BAC might have been .08 or better within two hours of driving the vehicle.

FAILURE TO MIRANDIZE
Did the police officer read your Miranda Rights at the time of your arrest? Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.

IMPROPER STOPPING A VEHICLE FOR DOCUMENTS CHECK
Were you stopped, and asked for your driver's license and registration for no
valid reason (excluding sobriety checkpoint stops) simply to check the driver's license and registration?
There must be an actual traffic violation or valid suspicion of a crime committed or in progress.

ILLEGAL SEARCH
Did police possess a legal and justifiable reason to search you and your vehicle?
The police are prohibited from searching a person or the automobile for a minor traffic offense without your consent, or a search warrant. Evidence found illegally without your consent or probable cause to search you, can usually be suppressed in court by an experienced and competent DUI Lawyer. The case and facts need to be reviewed to determine if your Constitutional Rights were violated and should the evidence be suppressed or the case dismissed.

For now, your immediate challenge is to make sure you hire an experienced Attorney who exclusively handles criminal and DUI cases, and on a regular basis in Scottsdale. Make sure they are good litigators with a wealth of knowledge and experience in defending Scottsdale DUI charges. Without such ally to fight for you your chance of getting your case dismissed, reduced or any good outcome are drastically reduced. Your valuable freedom and future are at stake. Choose wisely.

Continue reading "What Scottsdale DUI Attorneys Do To Help You Beat Your DUI! " »

May 21, 2010

You should contact Scottsdale, Arizona DUI Defense Attorney if you have been arrested for a Scottsdale DUI

If you have been charged with a Scottsdale Arizona DUI or Drug DUI, it is crucial that you consult a Scottsdale DUI Attorney regarding a defense. A DUI in Scottsdale Arizona is a very serious offense. Convictions for Scottsdale DUI charges are subject to the strict laws and penalties under Arizona DUI Laws. These are some of the toughest laws which carry with them some of the harshest punishments in the country. You will need an experienced Scottsdale DUI Attorney who practices in there on a regular basis to defend clients facing Scottsdale DUI charges. A Scottsdale DUI charge should be taken very seriously. Contrary to popular believe it is not a civil traffic violation such as running a stop sign. It is a criminal charge with criminal penalties. Scottsdale DUI - DWI penalties include jail or prison time, large fines, fees, and other penalties including court ordered ignition interlock device installation in your vehicle, at your expense. The ignition interlock device requires you to conduct a breath test before the vehicle can start. It is intended to reduce the number of repeat Scottsdale DUI charges.

Scottsdale has earned the reputation of being tough on drunk drivers, and frequently setting up Scottsdale DUI Sobriety Checkpoints. As the summer months begin, school wraps up, more people traveling and vacationing, sports events, vacations, and summer holidays. All translates into more celebrations and vigilance from Scottsdale law enforcement officials. In response Scottsdale will be ready with Scottsdale DUI sobriety checkpoints, Scottsdale DUI Sobriety Task Forces, and Scottsdale DUI Roadblocks; and independent DUI stops and arrests. The Scottsdale and the State of Arizona do not care how you got our Scottsdale DUI or Drug DUI, who you are, or why you were accused driving impaired under the influence of alcohol or drugs. Their only concern is getting a conviction. To defend your DUI in Scottsdale, you will need to hire a good Scottsdale DUI Attorney. There are many complicating facets and processes to defending a DUI charge in Scottsdale. You must consult an attorney who is experienced in dealing with the Scottsdale Court Systems; familiar with breath and blood testing protocol, the ever changing Scottsdale and Arizona DUI DWI laws, and application of defense strategies that will get your case dismissed, charges reduced and the best possible outcome of your case. With a competent Scottsdale AZ DUI Lawyer, your chances of getting a dismissal or more favorable outcome in your case drastically increase.

Continue reading "Scottsdale DUI Lawyers ׀ Scottsdale DUI Attorneys use Scottsdale DUI Laws to Defend Your Case " »

May 20, 2010

You will need the defense of an experienced Tempe Criminal Lawyer if you've been charged with a crime in Tempe, Arizona.

In 2009 the total crimes reported in Tempe, Arizona was 9,974. The crimes recorded included but were not limited to violent crimes including sexual assault, and homicide, robbery, assault, aggravated assault, burglary, larceny, auto theft and arson. These statistics were based on "The Crime Index", composed of selected offenses used to gauge fluctuations in the overall volume and rate of crime reported to law enforcement. (Cited from Tempe Website http://www.tempe.gov/cau/defpage.htm). Note these statistics constitute "crimes reported". These figures do not include how many of these offenses were justified or unfounded. In fact, many of the offenses may have been dismissed, reduced to lesser charges, found to be unjustified, or a better outcome resolved by experienced Tempe Criminal Defense Attorneys doing their jobs.

Tempe is tough on crime, and the penalties are strict. Tempe criminal offenses, sentencing, fines, fees and penalties are subject to the State Laws of Arizona. If you are charged with a crime in Tempe Arizona, you should consult a Tempe Criminal Defense or Tempe DUI defense Attorney, someone who defends Tempe Criminal Charges regularly. The State and Prosecution are committed to getting convictions. It is not their job to defend you, determine if charges unjustified, or if your constitutional rights have been violated.

The State and Prosecution work closely with the police to build their case against you, not to find a way to make your life easier or get your charges dismissed. You can not rely on them to give you answers or any help with your case. This includes the residing judges. There is nothing a judge can do to help you, without the appropriate time of the hearings, response to motions filed by your Defense Attorney, or sentencing based on plea or jury verdicts during the appropriate legal processes and protocol. Basically, your first and last line of defense, if you want to fight your charges is that of an experienced Tempe Criminal Defense Attorney. Your criminal lawyer will file a notice to the court of their representation of you, Notice of your Defenses, and enter a plea of "not-guilty" on your behalf. Remember, you are innocent until proven guilty in a court of law. Just because you were charge with a Tempe Crime, does not make you guilty of that crime. Then they will gather and examine the evidence, build a defense case, and mount a defense based on your particular set of circumstances. Appropriate motions will be filed in your defense if necessary. Your defense attorney should be available to answer all of your questions and walk you through all of the processes, and explain what they are doing to defend your Tempe DUI charges.

Depending on the nature of the charges, whether it is a Misdemeanor or Felony, and facts in your case, your Tempe Criminal Defense Attorney will attempt to first get the charges dismissed, or reduced. In the least, all efforts should be exhausted to make sure your constitutional rights are protected and insure the best possible outcome in your Tempe Criminal Case. Defending your rights, freedom and future is 100% their job, the job of a Tempe Criminal Defense Attorney.

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May 19, 2010

10 Ways an Arizona DUI Attorney can help you beat Your DUI!

Arizona has some the toughest DUI task forces and DUI laws in the country. If you face DUI charges in Arizona, you should contact an Arizona DUI Defense Attorney as soon as possible. Choose a private Arizona DUI Attorney who exclusively handles Criminal Defense and DUI cases. An experienced Arizona DUI attorney will be extremely familiar with the ever changing Arizona DUI laws, Arizona Courts, Judges, Prosecution, and most importantly Arizona DUI Defenses can be used to defend your Arizona DUI Charges. A DUI charge can be fought and dismissed. Just because you have been charged doesn't mean you will be convicted. But your chances of getting it dismissed, charges reduced, evidence suppressed, or any favorable outcome are drastically reduced unless you hire a good Arizona DUI Lawyer.

"Just because you have been charged with an Arizona DUI doesn't mean you will be convicted."

Below is a sample of 10 defenses taken from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book to give you an idea of a few defense strategies a good Arizona DUI defense Attorney may use to defend your case:

"101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book Author: James Novak

POOR SOBRIETY TESTS BASED ON LOCATION WHERE THE POLICE OFFICER CONDUCTED THE TESTS:

Were your sobriety tests conducted with climate, environment, or landscaping disadvantage to you?
Most of the time these exercises occur on the side of the road at the location the vehicle was stopped. The roadside could be uneven and covered by debris. The climate conditions could cause inability to perform the tests well. Were you doing the tests a surface on a hill, or a surface that contained mud, rocks, melting tar or oil, ice, snow drifts or other rough or other unsmooth or level surface? NHTSA requires that the Walk and Turn & the One Leg Stand be performed on a smooth, level surface.

THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS:
Did the officer report that you failed or did poorly on the HGN test?
This is the "follow the pen with your eyes test" actually has a very complicated name- the Horizontal Gaze Nystagmus ("HGN") test. Many people do not understand what the police officer is actually looking for when he/she performs this test. Some people think they just need to follow the pen. This test, however, purportedly measures the involuntary jerking of the eye when a person is impaired by alcohol. When medical doctors conduct this test they do so in an areas with good lighting, employing medical equipment that holds the patient's head still and clearly lists the angles. The officer, for one test, must determine whether he detects the onset of nystagmus prior to 45%. It is almost impossible without be accurate on the angle. The test can be challenged as invalid under almost all roadside and lighting conditions.

BREATH TEST OPERATOR UNLICENSED
Did the breath test operator possess a valid, unexpired operator's license?
If not, the DUI breath test result is inadmissible.

FAILURE TO KEEP MAINTENANCE RECORDS FOR THE INTOXILYZER 8000 BREATH MACHINE

Was Breathalyzer Machine used properly and timely maintained?
Breathalyzer Machine Units require routine maintenance checks. If the maintenance records do not reflect that it has been serviced regularly, or records do not exist, this evidence may be suppressed. The records must be kept to include maintenance, timing and history of routine maintenance, malfunction or defects. If these records were not updated, documented, and properly maintained, regardless of the whether or not the machine had no defects, the evidence can be suppressed. Without proper records to support its maintenance, or even support of lack of defects, there is no proof that the unit was working properly at the time of use.

IMPROPER PRESERVATION OF THE BLOOD SAMPLE
Was your blood sample preserved properly?
The preservation process can be an issue. The blood vials must have been stored properly prior to its use. The blood vials must not be used beyond the expiration date. The blood vials must be preserved in order to provide your defense attorney with the opportunity to test the sample with an independent lab for purposes of objectivity in your defense.

BLOOD KIT
Was the blood kit and contents in the kit, within the expiration date period? Was it properly sealed, packed, inspected, and maintained at the required temperature? When the police take your blood they usually do so using a pre-packed blood kit. However, safekeeping and inspection of the kits must be routinely performed to ensure that tubes have not expired, are sealed properly and are kept in an appropriate place that is not temperature extreme like the trunk of the car in the summer heat of Arizona.

IMPROPER TEST TIMING, PROTOCOL, PRESEVERATON OR TRANPORT OF URINE SAMPLE
Was your urine sample properly tested?
The urine taken for drug testing must also be properly tested according to required testing procedures and protocol, for timing, specimen handling, transport, labeling, and preservation, including the containers for which the urine specimen is stored.

OFFICER NO LONGER EMPLOYED
Was the arresting police officer fired, resigned from the police force, deceased, or otherwise unable to testify against you at trial?
If so, the prosecution would not have this specific officer to give testimony at trial, which is crucial to the prosecution's case.

RISING BAC
Was your blood drawn within three hours of consuming your last alcoholic beverage?
It can take up to three hours for alcohol to be absorbed in your blood stream. If the blood draw was outside of the three hour window, the results of the BAC may be challenged as invalid.

DENIAL OF RIGHT TO OBTAIN EXCULPATORY EVIDENCE
Were you denied the right to obtain evidence in your defense?
Every defendant accused of a criminal offense has the constitutional right to independently seek evidence that may help their defense. For instance, if your DUI/DWI charge was based on a blood draw, you have the right to obtain an independent blood test sample. If the police deny you a "fair chance" to obtain exculpatory evidence, your constitutional rights have been violated. Most police officers routinely maintain a second blood sample for the defense to test. However, to be on the safe side, it is a good practice for the defendant to also request a second sample be retained for defense. If the police fail to preserve a sample for defense testing, whether you asked or not, a motion for dismissal may be in order.

(You can download a FREE PDF abridged version of the book www.arizonacriminaldefenselawyer.com at no cost, and no obligation. No personal information is required. )

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May 18, 2010

How a Gilbert DUI Lawyer Can Help You Beat Your Gilbert DUI

"101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book Author: James Novak

http://www.arizonacriminaldefenselawyer.com/

Gilbert Arizona has some the toughest DUI task forces and DUI laws in the country. If you have been charged with a Gilbert DUI, you should hire a DUI Defense Attorney who is defends clients regularly in the Gilbert DUI Courts. Choose a private Arizona DUI Attorney who exclusively handles Criminal Defense and DUI cases. Make sure they are extremely familiar with Gilbert DUI Laws, Gilbert court system, Gilbert prosecution, Gilbert judges, and most importantly what DUI Defenses can be used to beat a DUI case.

Below is just a few examples taken from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book to give you an idea of a few defense strategies a Gilbert DUI Lawyer may use:

NON-STANDARDIZED FIELD TESTS ARE INVALID
Did the police request that you do testing that is not recognized as standard and valid?
The Federal Government (NHTSA), Medical Science, or any DUI Testing Governing authorities, do not consider touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.

TEST LOCATION & LANDSCAPE
Were the Field Sobriety Tests (FST) given on a flat surface away from the rush of passing traffic?
If the FST was conducted on a slope, uneven surface, on rocky or unusual terrain, or in the presence of heavy traffic; or if you were wearing constricting shoes or high heels; there is a good chance to argue that the FST had been improperly given due to the landscaping conditions or your restrictive apparel and results can not be relied on.


FAILURE TO DETERMINE IF THE ACCUSED IS AN APPROPRIATE CANDIDATE FOR THESE ROADSIDE EXERCISES
Did the Police properly screen you for criteria that would determine if you were
eligible according to the set guidelines to participate in the tests?
If the defendant is 50 or more pounds overweight, over 60 years old, or has physical impairments that affect their ability to balance, he or she is not an appropriate candidate for these exercises. The NHTSA manual explicitly states that anyone falling in these categories should not even be given these tests.

THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS
Did the officer report that you failed or did poorly on the HGN test?
This is the "follow the pen with your eyes test" actually has a very complicated name- the Horizontal Gaze Nystagmus ("HGN") test. Many people do not understand what the police officer is actually looking for when he/she performs this test. Some people think they just need to follow the pen. This test, however, purportedly measures the involuntary jerking of the eye when a person is impaired by alcohol. When medical doctors conduct this test they do so in an areas with good lighting, employing medical equipment that holds the patient's head still and clearly lists the angles. The officer, for one test, must determine whether he detects the onset of Nystagmus prior to 45%. It is almost impossible without be accurate on the angle. The test can be challenged as invalid under almost all roadside and lighting conditions.

PORTABLE BREATH TEST INADMISSIBLE
Did the police charge you with a DUI based upon the results of a Portable Breath Test Unit?
Arizona does not allow the results of the Portable Breath Test (PBT) to be used against you as a form of admissible piece of evidence. The PBT is not maintained or calibrated and not considered reliable evidence. It is generally intended for use as a preliminary test, used only in conjunction with other DUI tests or admissible breathalyzer unit testing. If your DUI charges were based strictly on the results of the portable breath test unit, the evidence can be suppressed with regard to those results.

DUPLICATE BREATH TEST OUT OF RANGE
Were the two breath tests that you took, far apart in range, and still used to charge you with a DUI?
Two breath tests are given. If the second test is not within 0.020 alcohol concentration of the first test, additional tests shall be administered until the results of the two consecutive tests are within 0.020 alcohol concentrations. If this procedure is not followed and the results are outside the allowable range that breath test evidence may be suppressed.

POLICE BLOOD TEST INACCURATE
Was blood testing protocol and procedures followed to draw, test, analysis, and preservation followed?
Many times blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations. Blood evidence can often be challenged, suppressed, in the event of any such deviation or violations of proper handling.

Your Gilbert DUI Attorney will pull from their arsenal of experience, and training to find the most effective defenses to help you get the best outcome in your Gilbert DUI case. In the least you should seek a free consultation from a Gilbert DUI Attorney. You have nothing to lose, and everything to gain.

Continue reading "Gilbert DUI Attorney | Gilbert DUI Defenses " »

May 17, 2010

Defend Your Tempe DUI Charges!

Legal Standards: "Reasonable Suspicion to Stop" and "Reasonable Cause of Arrest"

If the Tempe Arizona Police officer did not have a "reasonable suspicion" of DUI to stop you, the remedy can call for a dismissal of your Tempe DUI charges. Regarding the Tempe DUI arrest, the standard rises to a higher level, of "probable cause" to arrest. A motion to dismiss for "lack of probable cause to arrest is made" will be made by your Tempe DUI Attorney with the facts. The court then considers all facts gathered by the officer before the arrest. What occurred after the arrest: the breath or blood test then is not relevant. In other words, the test results may not be used against you. That's the law. The case may be dismissed, evidence suppressed, or charges reduced. With these concepts in mind, here are just a few examples of defenses Good Tempe DUI Attorneys have used to beat DUI charges:

DRIVER FATIGUE
Were you actually fatigued rather than under the influence of drugs or alcohol? Driving fatigued can produce many of the same signs as impaired driving under the influence of drugs or alcohol. However, it is not a crime to be tired while driving. The case should be dismissed.

BLOODSHOT AND WATERY EYES

Did the Tempe DUI officer claim your eyes were bloodshot or watery?
The police officer would need to have known how your eyes typically look on a daily basis. This appearance of your eyes may be normal for you. There are a variety of reasons that exist for discoloration, bloodshot or watery eyes including, smoke, allergies, flu symptoms, or simple fatigue. The police officer will be forced to admit that they don't know how long you had been awake, what eyestrain you may have had during the day, or what other factors existed that contributed to cause the appearance of watery or bloodshot eyes. Note: "Glassy eyes" are not indicated as a clue of cause being intoxication by the National Highway Traffic Safety Administration (NHTSA). A 1997 NHTSA study bloodshot eyes were removed from the list of impairment clues since there were so many other possible causes exist besides excessive alcohol.

SLURRED SPEECH
Did the Tempe DUI officer claim your speech was "slurred"?
How would a police officer, that does not know you personally, know what your voice typically sounds like? You may have a congenital, acquired speech impediment, dental or medical condition. Or you may simply be fatigued, thirsty, or had stress on your voice that day from excessive activity. Maybe that is your normal speech pattern. Regardless, they will be forced to admit on the witness stand, that they are not familiar with any of these facts about you that may apply to your situation. The police have standard forms which they fill in with checkmarks for observations and field sobriety test results. In some cases the officer cannot remember from their independent recollection if you had been slurring every word or just some words anyway.

FLUSH FACE

Did the Tempe DUI police claim your face was "flushed" in appearance?
It is common for the police to attempt to correlate a flushed or red face with a sign or symptom of intoxication. The police do not ask and try to get possible explanations for this observation such as working out doors, driving after a physical work-out, being in the sun, or allergies. Many other factors may exist that would cause this red discoloration. Medical conditions such as Eczema or Rosacia can cause readily seen red patchy or rash-like appearances on the face, neck and upper torso.

Remember, you are innocent until proven guilty in the court of law. You have the right to retain a Tempe DUI Defense Lawyer. Use it. Hiring a good Tempe DUI Attorney can mean the difference between getting your Tempe DUI charges dismissed v. receiving the maximum penalties under the law for a Tempe DUI Conviction. Choose wisely.

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May 16, 2010

"Just because you were charged with a Phoenix DUI doesn't mean you will be convicted"

Successful Defenses Used By Top Phoenix Attorneys to Beat DUI Charges

If you face Phoenix DUI charges you must read on: You already realize how serious the situation is, and how important it is to consult an experienced Phoenix DUI Attorney. But you want to know what they can do for you. The question rolls through your mind "How they can help me?" Phoenix DUI defenses should not be a secret. But be cautious...knowing about a defense and executing that defense through proper motions and the legal process are entirely two different things. Your Attorney will exercise your defenses, with the proper motions, at the proper time, through the proper legal channels with the court in an attempt to get your charges dismissed or evidence suppressed in your favor.

Top Phoenix DUI Lawyers use an arsenal of defenses available to them in accordance with the law and your constitutional rights. In addition, to helping you through the maze of the court and legal processes, a good Phoenix DUI defense attorney, who defends clients for Phoenix DUI charges on a regular basis, knows and understands how to use the laws and your state and federal constitutional rights to defend your case. Many times these defense strategies are successful. On a daily basis, they get cases dismissed, charges reduced and in the least, much better outcomes that defendant could possibly get on their own. Below are examples of two common Arizona DUI defenses:

ILLEGAL STOP OF PERSON OR VEHICLE
Did a police officer illegally stop you?

The United States Supreme Court has held that an officer must have a reasonable suspicion of a criminal or traffic offense to stop a vehicle. If the officer did not have a reasonable suspicion, then the remedy can call for a dismissal of the Phoenix DUI charges. An officer cannot legally stop a driver unless they can substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. Weaving within one's own traffic lane for a short distance or making a wide turn should not justify a hunch that the driver is driving intoxicated. These types of actions are seen commonly in unimpaired drivers.

THE OFFICER DID NOT HAVE PROBABLE CAUSE TO MAKE THE ARREST
Was there probable cause to arrest you?

The burden on the Arizona police is greater to arrest you than it is to make the initial stop. The standard for an officer to stop a vehicle, the officer must have merely a "reasonable suspicion" of a Phoenix DUI. But to make an arrest, the level rises to a higher standard, which is that "probable cause" to arrest. If a motion to dismiss for lack of probable cause to arrest is made, the court then considers all facts gathered by the officer before the arrest. What occurred after the arrest: the breath or blood test then is not relevant. Based on the facts, the case may be dismissed.

This is just a "tip of the iceberg" so to speak of the wealth of defenses a good Phoenix DUI Attorney can use to defend your case depending on the unique circumstances of your case. Hiring a private Phoenix DUI Attorney or an attorney who defends their client's cases in the Phoenix DUI courts can make the difference between a dismissal of your case, or getting a conviction with the maximum penalties under the Arizona Law which are severe. Just because you were charged with a Phoenix DUI doesn't mean you will be convicted. With the right Phoenix DUI defense attorney, the charge is only the beginning. You simply need to want to fight your charges and win, and chose a good attorney to defend your case. Choosing the best Arizona DUI attorney for you is one of the most important decisions you will ever make.

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May 15, 2010

If you've been charged with a Mesa DUI, contact a Mesa DUI lawyer

If you have been arrested for a Mesa, Arizona DUI, it is crucial that you consult a Mesa Arizona DUI defense attorney. Without a Mesa AZ DUI lawyer, you will be facing an uphill battle for your Arizona DUI arrest and charges. You will need a strong defense, one that a top Mesa Criminal Defense or Mesa AZ DUI lawyer can provide. In Mesa, Arizona you will be subject to the strict penalties of the State of Arizona DUI laws. Whether you are stopped at a Mesa DUI sobriety checkpoint where hundreds or possibly thousands of people are stopped during or short time span, or an independent Mesa DUI, makes no difference in penalties. The charges, Misdemeanors v. a Felony depend upon how much alcohol, drugs or other substances which caused driving impairment was found in your system; if your receive repeat offense charges; if you are under the age of 21 when you are charged with the DUI; or if you are an adult driving impaired with a minor under the age of 15 in your vehicle while driving in Mesa, Arizona.

In Mesa, Arizona it is illegal to operate a motor vehicle while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree (A.R.S. §28-1381(A) (1)) or "impaired to the slightest degree" (Requires Ignition Interlock Device) ordered by the court, at your expense. This includes driving a vehicle you have alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle. (A.R.S. §28-1381(A) (2)) or "DUI" (Requires Ignition Interlock Device) ordered by the court, at your expense. Note it has been a controversial issue over the years. But recent 2010 Arizona dui case law dictates that it is illegal to be impaired in the least "impaired to the slightest degree", even if you have the "the potential to be in physical control of the vehicle". Circumstances will be examined on their own merits. But it makes for an even more strict law for Mesa, Arizona DUI drivers who may be driving impaired under the influence of drugs or alcohol.

It is also unlawful for you to drive impaired in Mesa Arizona or be in actual physical control of a vehicle if you have an alcohol concentration as follows: within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle: 0.15 or more but less than 0.20. (A.R.S. §28-1382(A)(1) or "Extreme DUI" (Requires Ignition Interlock Device) and within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle: 0.20 or more. (A.R.S. §28-1382(A) (2)) or "Super Extreme DUI" (Requires Ignition Interlock Device) at your expense.

The Mesa Arizona DUI laws are strict and punishments harsh. It is dangerous to try to defend your Mesa AZ DUI charges without an Attorney. You should hire a Mesa AZ DUI Lawyer who defends all kinds of DUI and Drug DUI charges regularly in Mesa, Arizona; one who is an experienced litigator; understands the laws, including all the newest and changing laws; and most importantly, is familiar with defense strategies and methods that can be used in your defense. Hiring such a good private Mesa, Arizona DUI lawyer or not, can make the difference between a conviction or a dismissal, or a bad outcome and a great outcome. The sooner you make this decision, the easier it will be for your Mesa Arizona DUI Defense Attorney to build and mount a defense on your behalf against the Mesa Arizona Prosecution.

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May 14, 2010

Consult a Tempe DUI Lawyer if you face Tempe DUI Charges

If you are charged with a Tempe DUI you should consult a Tempe Arizona DUI Attorney as soon as possible. Tempe Arizona DUI charges and Tempe DUI penalties are some of the toughest in the country. You will need a good Tempe DUI Attorney provide a strong defense. Tempe law enforcement officials announced earlier this year, that for 2010, they received five monetary grants from Arizona Governor Office of Highway Safety to be used to identify identify impaired drivers in Tempe, Arizona under the influence of drugs or alcohol, DUI, and other traffic safety priorities. The funding was earmarked to be used for enforcement, equipment, detection, apprehension and successful prosecution of impaired drivers as well as other vehicular crimes. The Tempe will be policing vigilantly for impaired DUI or Drug DUI drivers.

Whether you have been stopped and charged with a Tempe DUI at a Tempe DUI sobriety checkpoint, where many are charged during a short period of time, or an independent Tempe DUI arrest, makes no difference in the penalties if convicted. They are serious offenses with serious consequences including incarceration in jail or prison, expensive fines, and fees, court ordered ignition interlock devices installed at your expense, and more. The severity of the charges and punishments depend on how much alcohol, drugs, or other substances were found in your system which impaired your driving; if you are a repeat offender; if you are under the age of 21; if you had a child in the vehicle; and other factors surrounding your DUI charge. But even the most basic first time offenses such as that of being found "impaired to the slightest degree", if convicted includes incarceration sentence of jail-time, fines, fees, and more.

If you face Tempe DUI charges, it is important that you contact a Tempe DUI Attorney as soon as possible. Following your Tempe DUI arrest, you will have a DUI or Criminal complaint in the form of a citation. It will include a Tempe Court date and time. This is for what is called your "Arraignment" At this hearing; you must decide how you want to plea to the violation(s) you have been cited for by the time of your Court date. The plea options available are guilty, not-guilty, or no contest. It is crucial that you consult an experienced Tempe Criminal Defense or DUI Attorney as soon as you receive this or well before this date. If you do not show up for the arraignment, a warrant will be issued for your arrest. If you hire a Tempe DUI or Criminal Defense Attorney, they will handle these details for you. In many cases you will not need to appear for that court date, because your Tempe DUI attorney will have already filed a "not-guilty" plea on your behalf, notice of defenses, and notice of his or her representation on your behalf. Depending on the charges, then, that particular Tempe Court Date on your citation will be vacated. At this point, a good Tempe DUI lawyer will begin aggressively building and mounting a defense on your behalf. They will gather and examine all evidence to determine if any of your constitutional rights were violated, if there are in flaws in the prosecutions cases, and determine the best defenses to use in your case.

The ultimate goal of your Tempe DUI defense Attorney will be to get your case dismissed, clear your record, or in the least reduce the charges and penalties, and make sure the matter has as least impact on you as possible. Without an experienced Tempe DUI defense Attorney, your chances of getting the charges dismissed, charges or punishments reduced or a better outcome than the charges dictate are slim to none. Consequences can be life altering. You will not be able to get this help from the Prosecution or police. Their job is to convict you for the crime for which you were charged, not to look for a way to get your case dismissed or make your life easier. The judge can not do anything to help you accept by proper legal defense motions, evidence and case provided through appropriate protocol by your Tempe Arizona Defense Attorney. You will need a strong defense in your corner, someone who will fight for your rights, freedom and future.

Continue reading "Why You Need Tempe DUI ATTORNEY" »

May 13, 2010

You'll need an Arizona DUI Defense Attorney if you have been charged with any type of DUI in Arizona

The Arizona Governors' office released statistics earlier this year which cited that Sixteen Arizona DUI task forces initiated more than 14,000 Arizona DUI arrests last year (2009). Nearly 1,000.00 of those were .15% or higher, Blood Alcohol Content (BAC) which is considered extreme DUI under Arizona state law. This was approximately 4,000.00 more than the previous year (2008). The State of Arizona considers a DUI a "violent crime" (according to one of Arizona's, website azgohs.gov/transportation-safety.) The penalties for convictions are severe for even the most basic Arizona DUI charge. Arizona DUI penalties include mandatory jail or prison, large fines, fees, loss of drivers license, in some cases vehicle impound, and installation of mandatory ignition interlock devices at your. If you face an Arizona DUI charge, it is crucial that you contact an experienced Arizona DUI Attorney as soon as possible. The chances of getting your case dismissed, charges reduced, or any other favorable outcome for your AZ DUI charges are drastically increased, if you have a good Arizona DUI Lawyer.

Note, of the 14,000 Arizona arrests last year, many of those were not convicted of the DUI or Drug DUI for which they were charged. Many hired private Phoenix DUI Attorneys or a private DUI Attorney who practices often in Phoenix Arizona to defend their Phoenix Arizona DUI case. And many of those defendants were able to get their case dismissed or significantly reduced charges and penalties, due to a violation of constitutional rights, not enough alcohol or drugs in their system, or other defense mechanism that was used by their top Phoenix DUI Defense Lawyer.

As a result however, of the increased number of Arizona DUI arrests, changes were and continue to be made to make the Phoenix Arizona DUI laws more strict and penalties en harsher. Particular focus is being directed at repeat offenders. The increased numbers in the DUI Arrests fueled efforts of Arizona State Legislature, Governor's Office, DPS, Highway Safety, and Law Enforcement Agencies, and County Prosecution Offices including Maricopa County cities of Phoenix, Mesa, Tempe, Chandler, Scottsdale, and Gilbert, Arizona, to reduce DUI and DWI numbers by increasing law enforcement presence, Arizona DUI penalties, and Arizona DUI convictions. Hundreds of thousands of dollars were granted by the Office of the Arizona Governor, and earmarked in use for Arizona DUI taskforces, Arizona DUI sobriety checkpoints, and AZ DUI roadblocks through out the State in 2010. These operations have been well underway the first half of this year across the State of Arizona.

It does not matter who you are, what you do, where you are going or why you are driving impaired due to alcohol, drugs or other toxic substances. If you are charged for a DUI in Arizona you will face an Arizona DUI charge, arrest, booking number, and mug shot.

The State of Arizona and County Prosecution are serious about stopping drivers impaired by alcohol or drugs. They are out for the conviction and are working closely with the police to get you convicted. A judge can't even help you. Their hands are tied, without proper legal defense, motions, evidence, and legal authority through the court processes via legal representation from your Arizona DUI Defense Attorney. It makes the prosecution's job easy to convict you with the maximum penalties when you do not hire a private Arizona DUI Defense Attorney. An Arizona DUI charge involves complicated processes, court procedures, and challenges. To defend an Arizona DUI defense requires knowledge, training and experience in fighting the prosecution; understanding court protocol and procedures; constantly changing laws, penalties, alcohol and drug toxicology testing; and application of defense strategies to suit your set of circumstances. For these reasons, it is extremely important that you contact a good Arizona Criminal Defense or Arizona DUI Attorney as soon as possible to defend your case who is experienced and competent in all of these areas.

Be sure you either hire an Arizona DUI Attorney well before that court date which appears on your citation. This will give your Arizona DUI Lawyer ample time to file appropriate motions with the court to vacate that hearing date, file your notice of "not-guilty" on your behalf, notice of your defenses, and notice of his or her legal representation in defense of your matter. The sooner you retain, an Arizona DUI Defense Lawyer the better, so they can begin gathering and examining evidence needed to build a strong defense which you will need to defend the Arizona DUI charges. You have everything to lose to try to fight on your own. And everything to gain, by hiring a good Arizona DUI Defense Attorney to fight to get a dismissal, reduced charges or in the least the best possible outcome for you, in your Arizona DUI case.

Continue reading "An Experienced Arizona DUI Lawyer Knows How to Defend Your DUI" »

May 12, 2010

Why you need a Phoenix Arizona DUI Attorney

Phoenix, Arizona DUI laws are some of the toughest in the entire country, as are the Phoenix DUI penalties. The chances of getting a favorable outcome for your Phoenix DUI charges are slim to none, without the legal representation of a private Phoenix Criminal Defense DUI Attorney. You need Phoenix DUI defense attorney who defends Arizona DUI and criminal charges exclusively. Even the most basic Phoenix DUI "impaired to the slightest degree", first offense punishments are harsh. Phoenix Extreme DUI, Phoenix repeat offense DUI, and other Phoenix aggravated felony DUI, and drug DUI charges and penalties are life alternating. Phoenix Arizona DUI Penalties include incarceration in jail or prison, exorbitant fines, fees, court ordered interlock ignition devices to be put in your vehicle at your expense, and more.

By the time you get charged or arrested for a Phoenix DUI, the police have already made up their minds. Your plea to "explain your side of the story" is mute in the eyes of Arizona law, and Phoenix prosecution. At that point, you need to exercise your constitutional right to remain silent. Otherwise, you are simply hurting your case further. You should remain calm, and do not resist arrest. If questioned further, following your Miranda Rights being read to you, advise respectfully, that you wish to remain silent, and request to speak with your Phoenix DUI Attorney.

At this point, your file will be attached a court reference number, and a mug shot. And that is all you are in the eyes of the State of Arizona and the Prosecution. Sound cold? It's a fact. Phoenix Arizona is serious about cracking down on DUI and Drug DUI. There is a lot to lose if you are convicted including your job, driver's license, family, finances, future and freedom. The Prosecution does not care who you are, what you do, or how your family or job will be affected by any of it. All they want is to a conviction. That's what they get paid for. And they will work closely, with the police to get it. They will not examine details of your case, evaluate it to determine if the charges are justified, or to determine if your constitutional rights were violated in anyway. That is not their job. They are not going to try to find a way to defend you, find flaws in their case, or make things any easier. And they certainly will not try to get your case dismissed. They prosecute and convict. If you are looking for the Judge to be in your corner, don't count on it. The Judge can not intervene until a motion is filed or your sign a plea agreement or take the matter to trial. "Telling" your side of the story to the Judge will not have favorable effect on your situation. The Judge does not have authority to dismiss the case until a proper Legal defense challenge is made on your behalf by your Phoenix Arizona Defense Attorney, or the jury returns a Not-Guilty Verdict on all charges. The system is complicated. It is a maze of laws, protocol, people and odds against you. You have a choice. You need a strong ally. You need an experienced Phoenix Criminal and DUI Defense Attorney to build a strong defense for your case.

You made a mistake, an error in judgment. You did not intend to break the law. You may not have even realized it, at the time. Do you deserve to have your entire life ruined? A good Phoenix DUI defense attorney feels you deserve a second chance. And now it's time for you to let them do their job. You have a constitutional right to retain a Phoenix DUI Attorney. Use it. Retain an experienced Phoenix Arizona Defense Lawyer. You have everything to gain, and nothing to lose. In the eyes of the prosecution, you are already guilty, and could be subject to the maximum penalties. It makes their job much easier to get a maximum conviction without an Attorney. By hiring a good Phoenix DUI Attorney, you regain control of your life, and your Phoenix DUI charges. Your Phoenix DUI Attorney can immediately begin building and mounting a strong defense on your behalf. It's your second chance. Your Phoenix DUI lawyer should be someone you can call for answers to questions, to defend you, to protect your constitutional rights, to fight to get evidence suppressed, charges reduced or labor to get your case ultimately dismissed.

Continue reading "PHOENIX DUI LAWYER " »

May 11, 2010

Phoenix Probation Violation Attorney

A probation violation is a serious offense in Arizona. Those placed on Arizona probation that fail to follow the terms of the probation as ordered by the court may face time in jail, or even prison depending if the original or new criminal charge was a misdemeanor or a felony. Your future freedom is at stake. You don't want to go to jail. Your probation violation may be easily explained. However, it is crucial that you consult a Phoenix Criminal Defense Attorney as soon as possible if you are charged with a probation violation.

It is important to understand that when you are facing a Phoenix probation violation charge you understand the seriousness of the potential of a new possibly harsher sentence. It does not matter that the original Arizona criminal conviction was weak or you did not commit the crime. If you originally were convicted, sentenced you were placed on probation with certain things to complete. If you failed to complete those items then there was a violation of the terms of probation.

Additionally, the burden of proof on the prosecutor is not beyond a reasonable doubt as it was with the original criminal charge, but simply a preponderance of evidence, which is a much lower standard. Basically, the new question of law and sentencing becomes "did you complete the terms of probation or not?"

Arizona Probation Violation
A probation violation can occur anytime a person violates the terms of probation as ordered by the judge. These terms set rules of things to do or not to do and must be followed throughout the length of the probation sentence. Depending on the type of probation you were placed on, there are various types of probation violations, such as:

  • Committing a new crime
  • Missing a drug test, testing positive or diluted
  • Drinking if your probation specified no alcohol
  • Speaking with a person you were ordered not to contact
  • Failing to complete counseling for any reason
  • Getting behind on court fines, fees, restitution or community service
  • Removing any security monitoring device
  • Failing to check in with the judge or probation officer
  • Failing to appear in court at a schedule date and time
  • Failing to pay court fees or fines
  • Failing to comply with a court order
If you are faced with a probation violation, it's important to contact an experienced Phoenix probation violation attorney or criminal defense lawyer as soon as possible. If you do not correct the probation violation you could be sent to jail, or be sentenced to pay larger fines, a harsher probation sentence, more hours of community service, and other penalties. Arizona probation violation attorney James Novak can help you take the necessary legal action to defend you and any attempts made by the Arizona prosecution to pursue convictions, and more sentencing harm.

Continue reading "PROBATION VIOLATION" »

May 10, 2010

THEFT - Criminal Defense Attorney - Arizona Laws

A crime of theft is defined as the illegal act of taking or using another person's property without permission or consent. It is also considered a theft crime to accept or receive property that you know to be stolen. Theft crimes classifications can range from acts of stealing from a store to the more serious felony crime of taking money from a corporation. If you have been accused of committing a theft crime, it is important for you to consider hiring an Arizona criminal attorney experienced in defending theft charges.

There are many forms of theft charges. The two major categories can fall within
"petty theft" and "grand theft". Grand theft is also known as "Larceny". The main differences between the two involve the following factors:

1) The value of the item stolen. In order to be considered grand theft the total value of what was taken must exceed a certain dollar amount. In Arizona that amount is $500.00. Any item stolen that exceeds $500.00 is considered to be "grand theft". That threshold his subject to change as money changes in value.

2) The level of conduct involved used to steal the item

3) Whether or not the person (s) who committed the crime had any prior thefts or other record of criminal offenses.

Other factors may be considered by the state and prosecution. The difference in the two (petty theft and grand theft) is that petty theft is a misdemeanor, while grand theft is usually considered a felony. Which category the crime falls within can have a huge impact on the sentencing.

Felonies carry sever penalties and have long term adverse consequences. A conviction of felony theft will almost always involve incarceration. However, A conviction of petty theft may be involve less severe sentencing such as deferred with counseling, probation, community service, fines and restitution. In any event, you should consult an Arizona criminal defense attorney if you have been charged with any form of theft to make sure your rights are protected, and to discuss if legal representation is needed.

Continue reading "The difference between "petty theft" and "grand theft" in Arizona " »

May 9, 2010

Robbery - Arizona Criminal Laws - Criminal Defense Attorney

Arizona sentencing on robbery or armed robbery convictions must be taken serious as the range is harsh. Any good Arizona criminal defense attorney will advise you to retain Arizona legal representation for such charges. If the crime is designated a dangerous crime, as most crimes become when dangerous weapons are involved, prison is mandatory. Once weapons are involved and the threat of injury occurs, penalties can be doubled form the normal non-dangerous felony sentence. The possible range for robbery is from 18 months to a maximum of 21 years in prison for each count charged against you.

ARIZONA LAWS - ROBBERY

Under Arizona Revised Statutes, Title 13, Chapter 19, Robbery, the following can be found.

A.R.S. §13-1901 Definitions:

In this chapter, unless the context otherwise requires:
1. "Force" means any physical act directed against a person as a means of gaining control of property.
2. "In the course of committing" includes any of the defendant's acts beginning with the initiation and extending through the flight from a robbery.
3. "Property of another" means property of another as defined in section 13-1801.
4. "Threat" means a verbal or physical menace of imminent physical injury to a person.

A.R.S. §13-1902. Robbery; classification

A. A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will; such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property.
B. Robbery is a class 4 felony.

A.R.S. §13-1903 Aggravated Robbery

A. A person commits aggravated robbery if in the course of committing robbery as defined in section 13-1902, such person is aided by one or more accomplices actually present.
B. Aggravated robbery is a class 3 felony.

A.R.S. §13-1904 Armed Robbery

A. A person commits armed robbery if, in the course of committing robbery as defined in section 13-1902, such person or an accomplice:
1. Is armed with a deadly weapon or a simulated deadly weapon; or
2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon.
B. Armed robbery is a class 2 felony.

May 8, 2010

What is the difference between burglary and robbery?

Robbery differs from burglary in that burglary is the crime of breaking into and entering a structure (someone's home, business, or vehicle) with the intent to commit a felony within the structure. However, robbery differs from burglary in that burglary is the crime of breaking into and entering a structure (someone's home, business, or vehicle) with the intent to commit a felony within the structure. Robbery on the other hand will have the use of force or fear as a means of gaining control of property from another person. Robbery is one of the true victim's crimes in the statutes. It is viewed much more harshly by the courts. It is important that if you consult an Arizona Criminal Defense Attorney if you facing any type of robbery or armed robbery charges in Arizona.

If you have been charged with robbery or armed robbery, be sure that you exercise your constitutional right to remain silent. Protect your rights by not making any statements to the police without first consulting an experienced Arizona Criminal Attorney proficient at defending any robbery charges. If you have been charged with any robbery crime, the only thing that can make matters worse is for you to attempt to defend it on your own without private Arizona Legal Representation.Arizona armed robbery offenses are prosecuted very aggressively.

Robbery - Armed Robbery

Arizona armed robbery crime is completed when you take of property by violence or intimidation. The crime of robbery becomes aggravated robbery when an accomplice is present in the robbery.

The law still considers an offense to be the same as armed robbery even if a gun was not loaded or if the gun was never drawn or pointed. Even a typical non-lethal object such as a sports baseball bat, beer bottle, skateboard can be charged as armed robbery if the person robbed reasonably assumed the object was a weapon or it was used as one and caused serious injury.

Often, there are few witnesses to a robbery offense. An experienced robbery attorney from our greater Phoenix, Arizona office will be able to challenge the State and make them prove the identity of their suspect, and thus be able to cause the State to rethink their case at hand.

Challenging the Arizona Prosecution's Robbery Case

Experienced defense attorney James Novak will make every attempt to get your case dismissed by challenging the evidence in pre-trial proceedings. If he can not get charges dropped, he will exhaust every means to negotiate down to simple robbery or classify it as a non-dangerous felony. He will provide an immediate and proactive defense and work to protect your future and your freedom.

Continue reading "Robbery Criminal Defense Lawyer - Arizona Laws" »

May 7, 2010

State Court Arizona - Criminal Law

What to expect at an Arizona Evidentiary Hearing

An Evidentiary Hearing can be requested by your Arizona DUI Attorney on your behalf. In this event your Arizona DUI Defense Attorney will ask that the State suppress some or all evidence against you. This may be warranted in situations if your constitutional rights were violated, if police protocol, DUI or drug testing procedures were mishandled or if any other evidence surrounding your case warrants suppression of the evidence.

Your Arizona Criminal Defense attorney will file motions to the court requesting to suppress or dismiss a portion of all evidence, if the circumstances warrant in addition to requesting an Evidentiary Hearing. This usually occurs after the first pre-trial conference. The Judge then rules on written legal arguments filed by your Arizona Criminal Attorney, if appropriate. The hearing can consist of testimony from witnesses and oral arguments from your or Arizona DUI Lawyer as well as the State's Attorney.

"Arizona Revised Statutes §13-4238 Evidentiary hearing:

A. The defendant is entitled to a hearing to determine issues of material fact, with the right to be present and to subpoena witnesses. If facilities are available, the court may, in its discretion, order the hearing to be held at the place of confinement, giving at least fifteen days' notice to the officer in charge of the confinement facility. A verbatim record of the hearing shall be made.

B. The rules of evidence applicable in criminal proceedings shall apply, except that the defendant may be called to testify at the hearing.

C. The defendant has the burden of proving the allegations of fact by a preponderance of the evidence. If a constitutional defect is proven, the state has the burden of proving that the defect was harmless beyond a reasonable doubt.

D. The court shall rule within ten days after the hearing ends. If the court finds in favor of the defendant, it shall enter an appropriate order with respect to the conviction, sentence or detention, any further proceedings, including a new trial and conditions of release, and other matters that may be necessary and proper. The court shall make specific findings of fact and state expressly its conclusions of law relating to each issue presented."

Continue reading "Criminal Defense - Evidentiary Hearing " »

May 6, 2010

Fines and Penalties for medical Marijuana use in Arizona

Phoenix Marijuana (Pot) Defense Attorney

Under current Federal Law, the use, sale or possession of marijuana (pot), paraphernalia, whether medically prescribed or not, it is still unlawful and carries significant criminal penalties in Arizona. This may change after Arizona voters go to the polls in November 2, 2010 to vote on a popular Medical Marijuana initiative. In the mean-time, criminal charges related to medical marijuana remain a serious offense in Arizona. Currently, there is no distinction in penalties for using medical Marijuana v Marijuana for non-medical or recreational use. As is with DUI charges, Arizona has some of the toughest laws against Marijuana in the Country, even for simple possession.

For now, below are the penalties for Marijuana Possession in Arizona whether for medical use non-medical use. The Arizona Drug charge classification for a marijuana offense depends mostly on how much of the substance is found in your possession.

If the amount of marijuana is---------------------------Then the potential sentence is

Less than 2 pounds (not for sale)---------------------1 year in prison (Class 6 felony)

Between 2 and 4 pounds (not for sale)---------------1 ½ years in prison (Class 5 felony)

More than 4 pounds (not for sale)----------------------2 ½ years in prison (Class 4 felony)

Less than 2 pounds (intent to sell)---------------------2 ½ years in prison (Class 4 felony)

Between 2 and 4 pounds (intent to sell)---------------3 ½ years in prison (Class 3 felony)

More than 4 pounds (intent to sell)---------------------5 years in prison (Class 2 felony)

Less than 2 pounds (that you produced)--------------1 ½ years in prison (Class 5 felony)

2-4 pounds (that you produced)-------------------------2 ½ years in prison (Class 4 felony)

More than 4 pounds (that you produced)--------------3 ½ years in prison (Class 3 felony)

Less than 2 pounds (transporting into AZ)-------------3 ½ years in prison (Class 3 felony)

More than 2 pounds (transporting into AZ)-------------5 years in prison (Class 2 felony)

In addition to prison time to your Arizona Marijuana drug sentencing, you will face large fines for your marijuana conviction. The minimum fine you will pay is $750. However, if the value of the marijuana you were caught with exceeds $750, your fine will equal 3 times that amount, not exceeding $150,000.

Due to the fact that Marijuana is legal with restrictions and limitations in 14 other states, many people either view medical marijuana charges as possibly legal or in the least minor criminal charges. However, Arizona law and its prosecution do not view it this way. You may be facing a life changing incarceration and high dollar fines depending on how much was found in your possession. So for now, in Arizona, if you wish to use medical Marijuana or non-medical Marijuana, you have at these three options:

1) Use, but at least understand the extreme risks and harsh penalties, fines and incarceration that still exist in Arizona as a consequence as of this date.

2) Consult your Physician about the possibility of using alternative treatments or medications for relief of your medical symptoms, at least temporarily; wait until after November 2, 2010, when Arizona Voters go to the polls. Perhaps new Medical Marijuana Laws will be passed in favor of qualified use of medical Marijuana to help relieve the symptoms of otherwise untreatable medical conditions, symptoms and illnesses.

3) There are some, with all due respect to all, that feel it is absolutely necessary to improve their quality of life due to terminal or otherwise untreatable medical conditions. For those, the alternative is to move where medical Marijuana is legal in some fashion.
The following 14 States have either broad or limited legalization laws pertaining to medical Marijuana: Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington. All 14 states do require proof of residency in their respective state as a qualifying factor to use medical Marijuana.

The most important thing you can do if you face of Marijuana possession, use, or sale charges or any other type of drug charges in Arizona is to contact an Experienced Arizona Drug Defense Attorney who will defend Arizona Marijuana drug charges and protect your constitutional rights.

Continue reading "MEDICAL MARIJUANA LAW ARIZONA UPDATE MAY 2010 " »

May 5, 2010

Arizona Marijuana, Drug, Prescription Medication, Drunk Drivers, Impaired, and Unimpaired Drivers Beware

10 Survival Tips - Arizona DUI Sobriety Checkpoints

Phoenix DUI Lawyer

It's prime time for Arizona DUI sobriety checkpoints and Arizona DUI roadblocks. Even unimpaired Arizona drivers are subject to Arizona DUI Roadblocks and AZ DUI Sobriety Checkpoints. But do you want to take that chance even if you are not impaired? In Arizona, the police will be stopping vehicles according to a random mathematical formula decided in advance by police force management or other local jurisdictional authority to stop drivers and find Phoenix DUI or Phoenix drug DUI drivers. If you find yourself stopped at an Arizona DUI sobriety checkpoint, you will be asked to produce your driver's license and registration. The police are trained to look for cues of drivers suspected of Arizona DUI or Arizona Drug DUI. They will watch to see if you are fumbling to find the documents, observe if you are displaying nervousness or suspect behavior, as would a person drunk driving or impaired by a drug or medication. They may ask you to step out of your vehicle or pull you out of the line of traffic to investigate further. They may decide to have DUI drug testing done for Drug DUI or a breath test for DUI with alcohol. You should know that an Arizona DUI or Drug DUI received at an Maricopa County Arizona DUI checkpoint is just as severe as an Arizona DUI or Arizona Drug DUI charge given at an independent stop. The punishments if convicted are just as harsh and Arizona some of the most severe DUI penalties in the country. Therefore, you have received an Arizona DUI or Arizona Drug DUI you should consult a Phoenix Arizona DUI Lawyer, or Arizona Criminal Defense Attorney as soon as possible regarding your defense.

Here three of twelve guidelines adopted by Arizona, and offered by the National Highway Traffic and Safety Administration (NHTSA), regarding DUI checkpoint stops. These three guidelines can work to a driver's advantage to help them avoid, Arizona Drug DUI or Arizona DUI at an Arizona DUI checkpoint completely:
• The public should be aggressively informed of sobriety checkpoints with ample warning so drivers can avoid them completely.
• Police presence should be obvious when approaching a checkpoint.
• Drivers should be sufficiently warned of an upcoming checkpoint

Here are some tips to prepare for a 2010 Arizona DUI sobriety checkpoints:

1. The best way to avoid being stopped at a Phoenix, Tempe, Mesa, Gilbert, Scottsdale, Chandler or other City in Maricopa County Arizona DUI checkpoint is to find out in advance where the planned Arizona DUI roadblocks will be. Some resources to obtain notice include your local newspaper, radio, TV and the internet. Many AZ DUI checkpoint announcements are posted on local state, county, city, and government websites. Posting on social networks such as Twitter.com, has become increasingly popular. Others are using Text Messaging, iPhones, Smart Phones, and other technological resources to keep each other informed.

2. If you will be driving, know in advance, know exactly where your license and registration are located and make sure they are accessible.

3. Try to stay calm (easier said than done).

4. Do not joke around with the police or passengers in the vehicle with you. In fact, it would be a good idea to alert the passengers that you are approaching a Phoenix DUI Sobriety checkpoint; and that you would appreciate their silence and respect through the process. It's your future and freedom at stake, (unless they are or have been drinking under the age of 21.) Recognize that the police officer is just doing his or her job. Be polite, courteous and respectful.

5. Do not complain about being stopped at the Arizona DUI Checkpoint.

6. Produce your license and registration as requested timely and without question.

7. Do not offer information as to where you are going or where you have been.

8. Do not offer information about having had any alcohol or drugs recently or in the past.

9. Do not offer information about any medical conditions you may have, drug, or medications you have taken or have in your possession. That may encourage them to embark on a Drug DUI and may cue them to suspect you of a drug DUI.

10. Do not allow passengers to have or carry opened alcoholic beverage containers in your vehicle. Let them know your rules in advance of leaving for your destination. Simply explain that you do not wish to transport opened alcohol containers, drugs, or drug paraphernalia in your vehicle. It's not easy to say to a friend, especially in light of peer pressure. But it's your responsibility as the driver to enforce your rules. Ultimately it is your responsibility. You will be the one stopped by the police. You will be the one first investigated and most likely held responsible, and charged with DUI, Drug DUI, Drug or drug paraphernalia use or possession.

Continue reading "2010 - Arizona DUI Checkpoints" »

May 4, 2010

What to Expect at a Pre-trial Conference (PTC)

Criminal Law- Arizona Criminal Defense Attorneys

At aPre-trial Conference, your Arizona Criminal Defense Attorney will discuss your case with the prosecution. During the Pre-trial Conference he or she will attempt to negotiate the best possible plea bargain for your Arizona DUI or Arizona Criminal Defense Case. The Pre-trial Conference usually takes place about 6 weeks after your arraignment. The date is agreed upon by your AZ Criminal Defense Attorney and the Arizona Court's calendar. There are typically 2-3 pre-trial hearings.

If a plea bargain is offered and outlined, your attorney should discuss the deal with you and explain the consequences, the benefits or drawbacks of the plea bargain. A plea bargain may also be referred to as "plea negotiations". They may include bargaining for such outcomes:

(1) Alternative available to the prosecution such as certain alcohol, drug diversion,
or participation in anger management programs
(2) A reduction in the severity of the charges or sentencing
(3) Dismissal of some or all of the charges pending against the defendant
(4) Sentencing alternatives such as probation, home arrest, or other less severe
alternatives in an effort to avoid incarceration

Note, at the Pre-trial Conference, witnesses do not attend, and no testimony is taken. You are not required to discuss the facts of your case with the Prosecutor. Since anything you say to them could be used against you in further proceedings, it is best not to discuss you case at all. That is why it is extremely important that you consult and retain an experienced Arizona criminal defense attorney or Arizona DUI Lawyer. If it is acceptable and you agree, a trial is avoided. However, if a trial date is set, that does not necessarily mean there will be a trial. Your Arizona Criminal Attorney should continue to work your case, investigate, and examine the evidence, along with other options toward getting you the best outcome of your case before your set trial date. In most cases it is best to make every effort to avoid trial due to the labor intensive cost of a trial, but most of all because of the uncertainties of involved in jury decisions. You want to avoid
the possibility of a worse outcome from a jury verdict if possible.

Continue reading "Arizona Pre-trial Conference - PTC" »

May 3, 2010

Criminal Law - Arizona Criminal Defense

Your Arizona arraignment is the date will appear on your ticket, and is usually set about 30 to 60 days after your criminal offense or DUI arrest. If you have an Arizona Criminal Defense Attorney, and are not on bond, you do not have to appear. A Good Arizona DUI Attorney or DUI Lawyer will take care of the first court date, so that you do not have to appear. The purpose of the arraignment is to mainly advise you of your rights, and give you the opportunity to respond your attorney will be able to give you that information and provide a response on your behalf to the court. If you do not have an attorney, you must appear at the arraignment. If you do have an attorney, confirm with your attorney that you will not be required to attend. In most all cases, your Phoenix DUI Lawyer or Arizona Criminal Defense Attorney will submit on your behalf a "not guilty" response, notice of defenses, and notice of their legal representation on of your case.

There are three possible responses to an Arraignment:

1. Guilty Plea**
2. Not Guilty Plea
3. No Contest plea** - In short, it means you do not refute the charges, but also you do not claim guilt for the charges. Specifically, a plea of "No Contest", (also known as "Nolo Contendere,") simply means that you do not wish to contest the State's charge (s) against you. It is important to know, however, that according to Arizona State Laws, upon a plea of "No Contest", the Judge will enter a judgment of guilty. If you enter a plea of "Guilty"** or "No Contest"**, you may still be sentenced immediately following the Judge's acceptance of your plea.

In Arizona, if you or your Arizona Criminal Defense Attorney does not enter a plea on your behalf, then a plea of "not guilty" will be entered for you by the court. If you do not have an attorney, you must be at the arraignment. If you are out-of-custody, you must show up in person and on time. If you fail to show up or have an attorney file the appropriate response a warrant will be issued for your arrest. You will receive a copy of the indictment. Remember, "not guilty" is an appropriate plea and response since you since you have a constitutionally right remain silent and to a presumption of innocence and it is the State's responsibility to prove you are guilty.

Procedurally, when a plea of "not guilty: is entered, you or your Arizona Criminal Defense Criminal Attorney will get a "pretrial conference date" which will be outlined in greater detail in a near future article.

Continue reading " Arizona Arraignment - What is an Arraignment? " »

May 2, 2010

Arizona DUI Attorney - DUI License Suspension - What to Expect

The MVD hearing is separate from your AZ DUI criminal charge. The Arizona Motor Vehicle Department will take administrative action against your driver's license and/or privilege to drive apart from the criminal prosecution for driving under the influence of alcohol. It is imperative that you consult an experienced Arizona DUI attorney regarding your AZ MVD hearing and be well prepared for your MVD hearing:

  • If you "refused" testing or provided blood, breath or urine samples showing an alcohol concentration of .08 or higher, the police issue a pink and a yellow copy of the "Administrative Per Se/Implied Consent Affidavit," which explains you have only 15 days from the date the notice of suspension is served to request an MVD hearing. It is important that you do not miss this deadline.
  • A.R.S. § 28-1385(C). A timely request for a hearing postpones the suspension until a hearing is held. A.R.S. § 28-1385(H). If you fail to timely request an MVD hearing, the AZ MVD will automatically suspend your driver's license for a period of 90 days if you submitted to the test and registered .08% BAC or higher.
  • If you fail to timely request an AZ MVD hearing the AZ MVD will automatically suspend your driver's license for a an entire year for a "refusal". This applies if you previously refused the DUI testing at that time of the stop by the police officer; and or a warrant had to be issued by the judge allowing the police to proceed with testing.
  • At MVD hearings related to a DUI arrests, the officer is subpoenaed to testify and present evidence against you. You are entitled to be represented by counsel and your legal representative is entitled to present evidence and dispute the charges and the officer's order of license suspension. Even if all officers appear, testify and prove their case against you your license will not be suspended immediately after the hearing. If the Administrative Law Judge upholds the suspension of your license, then the suspension will usually begin 20 days from the date of the Order.
  • The arresting officer, as well as the person who administered the tests should be present at an MVD hearing. These proceedings are recorded and can be used later at a criminal trial. The MVD hearing is primarily used by the MVD to determining certain facts surrounding your DUI charge and how a breath, blood, or urine test was administered. The prosecutor will not be present. Your MVD hearing provides your DUI defense attorney to question the police officers without the prosecution being present. A good DUI Defense Attorney will examine and question their practices, mistakes or failure to follow protocol. If the case goes to trial, this evidence can be used against the prosecution or to suppress evidence.
  • Even if the MVD does not suspend your license during your hearing, they can suspend your license if you plead to, or are found guilty of, the DUI criminal matter itself later.
In summary, there are really two distinguishable entities to deal with after a DUI if your license is suspended. That is your MVD hearing, and your DUI hearing. They are two separate organizations you are up against. It is critical to the outcome of our case to try and defend your self without legal representation from an strong>experienced DUI Attorney. If charged or had your license suspended do to a DUI, you should consult an Arizona DUI Attorney as soon as possible.

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May 1, 2010

Arizona Criminal Defense Attorney - Arizona Arrest

"Maricopa County is the 4th largest county in the nation with an estimated population of over 3.8 million occupants." It is important that you consider hiring an Arizona Criminal Defense Lawyer, if you have been charged with a crime in Maricopa County. This differs from other, mainly smaller Counties in the State or other States which may have fewer staff, or less resource with which to prosecute crimes. With that in mind, another County may choose not to prosecute offenses related to particular crime or set of crimes for that reason alone. But that is not the case in Maricopa County. Here is some information regarding the prosecuting office in Maricopa County should you find yourself facing criminal charges here.

"The Maricopa County Attorneys Office prosecutes over 40,000 cases a year, with 900 employees and 6 offices throughout the valley, making it one of the top prosecution offices in the country. Needless to say, they have become very proficient at it. This is one of the reasons that if you have been charged with a crime in Arizona, it is critical that you hire a top experienced Arizona Criminal Attorney to defend your case. It has 10 specialized divisions or bureaus. The highest volume bureaus for prosecution include the following four categories:

  • Gang Bureau: Prosecutes cases involving criminal street gang members...
  • ROP Bureau (Repeat Offender Program): Targets chronic repeat offenders for prosecution...
  • Vehicular Bureau: Also a high volume bureau responsible for the prosecution of cases involving vehicular homicide, aggravated assault, leaving the scene of fatal/serious injury collisions and aggravated driving under the influence cases...
  • Drug Enforcement Bureau: The final high volume bureau, focuses on handling major drug prosecutions, including the manufacture, transfer, sale or possession for sale of illegal drugs..."
Arizona laws and penalties for any DUI or felony convictions are the most severe among all of those in the United States. If convicted in either case, you will face extreme punishments and consequences. Mandatory incarceration in jail or prison tags along most felony and DUI charges. If you have been charged with a crime for the first time, a repeat offense, a new resident, or simply visiting, it makes no difference. It is important that you understand how tough Arizona is on crime, and how imperative it is to hire an experienced criminal defense attorney if you have been charged with a DUI or Criminal offense in Maricopa County.

(Quoted in part from Author: Maricopa County Attorney's Office Website crimefreeaz.com.)

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