June 2010 Archives

June 30, 2010

Tempe AZ Marijuana Charges Dismissed!

If you have been charged with Marijuana possession in Tempe, Arizona, you should consult a Tempe Marijuana Lawyer or a Criminal Attorney who frequently defends drug charges as soon as possible. Although it is considered the most common of Tempe Arizona drug charges, it is still seen as a serious offense in the eyes of the State of Arizona. However, you don't have to accept the maximum penalties. Your Tempe criminal Attorney may be able to get your Marijuana charges dismissed.

First, you should know that the penalties for possession Marijuana in Arizona depend on the amount the police found to be in your possession. Other factors the court will want to consider with regard to penalties and sentencing include but not limited to the following:

1) Your intended purpose of it (personal use or sale)
2) Your prior criminal record, if any
3) If the charge is a repeat offense
4) If the charges were in connection to another offense

Customary sentencing and penalties for possession of Marijuana charges in Tempe are
as follows:

• Under 2 lbs: Class 6 felony; fines and fees other; court orders such as counseling
• Between 2 and 4 lbs: Class 5 felony; fines and fees; other court orders
• 4 lbs. and greater: Class 4 felony; fine of not less than $750 or 3 times the value of the controlled substance, whichever is greater; other court orders

Marijuana classifications and penalties are strictly described under Criminal Code 13 - A.R.S. "13-3405. Possession, use, production, sale or transportation of marijuana; classification..."

If you have been charged with possession of Marijuana, without intent to sell or other purpose besides simple use, you may be eligible for what is called "deferred prosecution." This means you may qualify for a "second chance" by the court. It requires completion of a probationary period. If the probation and any other requirements set by the court are completed satisfactorily, your case may be completely dismissed. But if the probationary period or other court orders were violated, you could face original potential sentencing by the prosecution for the crime. An experienced Tempe Marijuana Lawyer or Tempe drug charges defense Attorney who should do everything possible to get you the deferred prosecution, dismissal of the charges, reduction to lesser charges or otherwise best possible outcome in your case.

A good Marijuana Lawyer in Arizona will gather and examine all evidence available. They will build a strong defense on your behalf, based on the circumstances of your case. They will make sure your constitutional rights have not been violated in anyway. A good Marijuana Lawyer will find the defenses that best suit your situation to challenge the prosecution's case against you. Even if you do not qualify for deferred prosecution, your Arizona criminal attorney can still make every effort to get your case dismissed, secure lesser charges, or in the least a significantly better outcome in your case, than would have been possible without a private Arizona Criminal Attorney.

If you have been charged with any Tempe Arizona Marijuana possession, sales, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Tempe, Arizona DUI, Tempe, Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

Continue reading "TEMPE ARIZONA MARIJUANA LAWYER" »

June 29, 2010

Arizona Domestic Violence Laws, Penalties and Defenses

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

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 usually a topic people want to talk about with others. It can happen to anyone, you least expect. If you are charged with a Chandler, Arizona domestic violence offense, you should contact a Chandler, criminal attorney as soon as possible. The mistake many people make, after receiving a Chandler domestic your Domestic Violence charges your own. Any contact with the victim could result in additional charges. Consult a Chandler Domestic Violence Attorney first. In addition, it makes no difference if the victim decides to drop the charges. Once you have been charged or arrested it is up to the State of Arizona to drop or dismiss the charges, not the victim or the accuser. The police made the decision. It is not a decision the accuser can make. They can not withdraw the phone call or contact they made with the police initially. Once the police are called to the scene, the conduct their own investigation, and are forced to make a decision. Once they make the decision to charge or arrest you with a crime, you will need to fight it through the justice system. Anything else you say or do can be held against you or make matters worse.

Chandler, Arizona domestic violence laws fall under Arizona State Law A.R.S. Criminal Code 13. Domestic Violence law encompasses a long list of crimes outlined in A.R.S. 13-3601.

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 Chandler Arizona. If convicted of Arizona Domestic Violence, the penalties are harsh.

CONSEQUENCES OF A DOMESTIC VIOLENCE CONVICTION

If you receive a conviction of domestic violence in Chandler, 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 Chandler, 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 Chandler 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.

Defenses that can be used in a Chandler Domestic Violence Case
Some defenses that can be used include but are not limited to the following:

• The actions were the result of self-defense
• The altercation was mutual
• No evidence exists
• No evidence of physical injury or harm to the victim exists
• No witnesses
• Credibility of the victim's character
• The facts prove the claims are unjust and unfounded
• State of mind of both the accuser/victim
• The defendant was not the person who committed the crime
• The defendant reacting to a threat or imminent physical danger
• The incident arose completely out of accidental nature
• The defendant was severely intimidated or provoked by the accuser
• The accuser's motives in making unfounded claims were questionable
• Necessity Defense
• The defendant stepped in to avoid harm, or imminent danger to a child or other defenseless person by the victim at the time
• Accuser under the influence of alcohol or drugs, causing their recollection or testimony to be incorrect
• In absence physical evidence, injury, weapons, or witnesses: the accuser refuses to testify; changes their story in deposition or in court; or has no recollection of events.

WHAT A CHANDLER DOMESTIC VIOLENCE ATTORNEY CAN DO

You will need an experienced Chandler, Arizona Domestic Violence attorney or Chandler, 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. A Chandler, Arizona Criminal Defense Attorney will be your voice. They will draw from their education, training, experience, litigation, case laws, Chandler, 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.

June 28, 2010

Arizona Laws Penalties and Criminal Defenses

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

Like many crimes, Mesa, 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 Mesa, Arizona domestic violence offense, you should contact a Mesa, criminal attorney as soon as possible. The mistake many people make, after receiving Mesa, 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 Mesa, AZ Domestic Violence Attorney first. The accuser can't just "drop the charges" later when things have calmed down. After an arrest has been made or charges issued, it is in the hands of the State of Arizona to drop or dismiss the charges. Once the police are called to the scene, and conduct a preliminary site investigation, they make decision--right or wrong. After that, if charged or arrested, you will need to fight it through the justice system. Anything else you say or do can be held against you or make matters worse. If the police have been called to the scene on multiple occasions, they feel they need to arrest "someone". If they can not decide which party to charge or arrest, they will sometimes just arrest both parties involved in a dispute. Easy for them, but tough on undeserving or innocent parties involved.

Mesa, 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..."

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 Mesa Arizona. If convicted of Arizona Domestic Violence, the penalties are harsh. The citations below were taken from a Mesa Police Department Website which reaffirms Mesa's commitment to aggressive investigation and prosecution of Mesa Arizona domestic violence offenders:

Protection and Investigation
As the lead agency for the CAFV, The City of Mesa Police Department has designed a unique, community-oriented, collaborative approach to investigating and intervening in domestic violence, adult and child sexual/physical abuse cases. Working with Child Protective Services, the officers of the Mesa Police force are specifically trained to be sensitive to, and knowledgeable of, the trauma of family violence and cases of sexual/physical abuse of adults and children. In response to recently enacted legislation, officers sited at the Center are also responsible for notifying and educating the community about the release of convicted sex offenders.

...Prosecution

The office of the Maricopa County Attorney and the City of Mesa Prosecutor's Office have jointly committed to participate in the CAFV to improve the prosecution of misdemeanor and felony cases involving domestic violence, adult and child sexual/physical abuse. Additionally, the County Attorney's Victim/Witness Bureau and the Office of the City Prosecutor's Victim Rights Program provide legal and emotional support to victims throughout the court process...."
(cited from www.mesaaz.gov/police/)

CONSEQUENCES OF A DOMESTIC VIOLENCE CONVICTION
If you receive a conviction of domestic violence in Mesa, 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 Mesa, 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 Mesa, 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.

Defenses that can be used in a Mesa Domestic Violence Case

Some defenses that can be used include but are not limited to the following:

• The actions were the result of self-defense
• The altercation was mutual
• No evidence exists
• No evidence of physical injury or harm to the victim exists
• No witnesses
• Credibility of the victim's character
• The facts prove the claims are unjust and unfounded
• State of mind of both the accuser/victim
• The defendant was not the person who committed the crime
• The defendant reacting to a threat or imminent physical danger
• The incident arose completely out of accidental nature
• The defendant was severely intimidated or provoked by the accuser
• The accuser's motives in making unfounded claims were questionable
• Necessity Defense
• The defendant stepped in to avoid harm, or imminent danger to a child or other defenseless person by the victim at the time
• Accuser under the influence of alcohol or drugs, causing their recollection or testimony to be incorrect
• In absence physical evidence, injury, weapons, or witnesses: the accuser refuses to testify; changes their story in deposition or in court; or has no recollection of events.

WHAT A MESA, DOMESTIC VIOLENCE ATTORNEY CAN DO

You will need an experienced Mesa, Arizona Domestic Violence attorney or Mesa, 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 Mesa, Arizona Criminal Defense Attorney will be your voice. They will draw from their education, training, experience, litigation, case laws, Mesa, 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.

June 27, 2010

Mesa Assault Lawyer will Fight Your Assault Charges

"There are two sides to every story. Let a Mesa Assault Lawyer protect your rights and educate the court on your side of the story."

In Mesa, AZ there are two categories of assault charges. The first is a "misdemeanor assault". The second is a "felony aggravated assault. Each has different levels of penalties based on the circumstances surrounding the incident that led to the charges. Both are viewed as very serious crimes in the Mesa Arizona. The Mesa Assault Laws, Sentencing and Penalties are dictated by the strict assault laws in the criminal code of
Arizona Criminal code A.R.S. 13-1203 (misdemeanor assault) and Arizona Criminal code A.R.S. 13-1204 (felony aggravated assault).

If you face Mesa assault charges, you will potentially face serious penalties if convicted. You should immediately consult a Mesa criminal defense or Mesa Assault Attorney if you have been charged of any assault offense. A Free Consultation from a Mesa Assault Lawyer is easy to find. Consider it a necessity not an option. The following is a brief outline both Mesa assault types.

Mesa, Arizona Misdemeanor Assault:
Misdemeanor Assaults Mesa are charged when a defendant's actions involve putting someone in fear or jeopardy of bodily harm, physical contact with another individual with the intent of causing physical injury, or causing actual physical harm or injury to another; the intent to harm or provoke another person; intentionally placing another person in reasonable apprehension of imminent physical injury; intentionally, knowingly, or recklessly causing physical harm to someone. If convicted of a Mesa AZ misdemeanor assault you could be sentenced to up to one year in prison, fines up to $2,500, fees and restitution to the victim.

"A Free Consultation from a Mesa Assault Lawyer is easy to find...Consider it a necessity not an option".

Mesa, Arizona Felony Aggravated Assault:
An Aggravated assault in Mesa, AZ is a Felony. These charges are far more serious than misdemeanor assaults. There are several circumstances that if present will elevate an assault to the "aggravated" assault level. They include, but are not limited to the following: "serious physical injury" to another person, that creates a reasonable risk of death; use of a deadly weapon; if an assault is committed while the victim is restrained and not able to resist; if the assault causes substantial, temporary or permanent disfigurement; if the person commits the assault while violating a valid order of protection (restraining order); if the person attempts to gains control of a law enforcement officer's firearm or weapon; if the assault is against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor; if the person is eighteen years of age or older and the victim is fifteen years of age or younger. The penalties if convicted include among other serve punishment fees, and fines, restitution to the victim, lengthy prison sentences, long term felony criminal records that will following you adversely for the rest of your life.

Mesa Assault and Aggravated Assault Defenses:
There should be no secrets about what your criminal defense attorney will do for you if retained. An open line of communication should exist. A private criminal defense attorney works for you, not the state, not the public defender's office, not the city---just you. And together you will work as a team to build an effective defense. It is up to you to work with your attorney to provide information they request in your defense. It is the Attorney's job to gather, examine, build and mount a successful defense based on that material and drawing from their training, education, experience in defense and litigation. Below is a list of some of the defenses a good Mesa Criminal Defense Attorney might consider, based on the circumstances of your case:

• You feared for your life or well being
• You acted in self defense
• You reacted to a perceived threat
• Circumstances surrounding both you and the victim's state of mind
• Necessity Defense - such as in the case of a mother protecting her child from imminent danger or harm
• No evidence exist
• No witnesses exist
• No claimed weapon exists or was found
• Other parties or entities were involved
• You were accused wrongly. The assailant was someone other than you.
• The victim is not credible and character is in question
• Your Constitutional right were violated during search, seizure, arrest, or thereafter
• You were provoked, threatened, or intimidation by the victim verbally, physically or in writing
• Accidental nature v. intentional nature
• Unforeseen, or unexpected situation
• The proximate cause of the injury involved circumstances outside your control such as an unexpected act of nature, or caused by someone other than yourself.
• Proof of significant efforts or actions that you did everything within your means to avoid the victim's harm or endangerment. And these actions were consistent with that of a prudent person in the same situation.

There are two sides to every story. Let a Mesa Assault Lawyer protect your rights and educate the court on your side of the story. An experienced Assault Defense Lawyer, understands your story is important, from your point of view. Your Mesa Defense Attorney will gather and examine all evidence, build, and mount a strong defense against the prosecution based on your set of circumstances. If hired, your defense attorney will interview witnesses, turn stones regarding circumstances surrounding the events, and use all defenses that may apply to your Phoenix Assault charges. The attorney's job requires they do everything possible under the law to protect your rights, freedom, and future. Their ultimate goal in every case is to get your case dismissed or in the alternative charges reduced, evidence suppressed, or the best outcome possible in your case.

If you have been charged with any Mesa Assault, aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Mesa Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Lawyer Defending Mesa Assaults " »

June 26, 2010

Marijuana Charges Dismissed!

If you face Marijuana possession charges in Arizona, you should consult an Arizona Marijuana Lawyer or a Criminal Attorney in Arizona who frequently defends drug charges. Although Marijuana possession charges are the most common of Arizona drug charges, they are still considered serious offenses in the eyes of the State of Arizona and the Prosecution. But just because you have been charged, does not mean you should submit to the maximum penalties under the law. In fact, your Arizona criminal attorney may be able to get your Marijuana charges dismissed.

First, penalties for possession Marijuana in Arizona are based upon on the amount the police found to be in your possession. Other factors the court will want to consider with regard to penalties and sentencing include but not limited to the following:

1) The intended purpose of possession (personal use, sale, distribution)
2) Prior criminal record, if any
3) If the Marijuana charge is a repeat offense
4) If the charges were in connection to another offense

General sentencing and penalties guidelines for possession of Marijuana charges in Arizona include the following:

• Under 2 lbs: Class 6 felony; fines and fees; other court orders
• between 2 and 4 lbs: Class 5 felony; fines and fees; other court orders
• 4 lbs. and greater: Class 4 felony; fine of not less than $750 or 3 times the value of the controlled substance, whichever is greater; other court orders, and other fines and fees

Marijuana classifications and penalties are strictly described under Criminal Code 13 - A.R.S. "13-3405. Possession, use, production, sale or transportation of marijuana; classification..."

If you have been charged with possession of Marijuana, without intent to sell or other purpose besides simple use, you may be eligible for what is called "deferred prosecution." This means you may qualify for a "second chance" by the court. It requires completion of a probationary period. If the probation and any other requirements set by the court are completed satisfactorily, your case may be completely dismissed. But if the probationary period or other court orders were violated, you could face original potential sentencing by the prosecution for the crime. An experienced Arizona Marijuana Lawyer or Arizona drug charges defense Attorney who should do everything possible to get you the deferred prosecution, and dismissal of the charges. If you do not qualify for deferred prosecution, your Arizona criminal attorney can still provide alternative defenses to protect your freedom. A good Marijuana Lawyer in Arizona will gather and examine all the evidence, and mount a strong defense on your behalf, based on the circumstances of your case. They will make sure your constitutional rights have not been violated in anyway from the pre-arrest and search stage to the present, by the police. A good Marijuana Lawyer will find the defenses that best suit to challenge the prosecution's case against you. So even if you do not qualify for deferred prosecution, your criminal defense attorney can still fight to get your charges dismissed, lesser charges, or a significantly better outcome in your case.

If you have been charged with any Arizona Marijuana possession, sales, other drug charges including Felony Drug, Dangerous Drug, Narcotics, Marijuana; other criminal charges including Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Arizona DUI, , Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "ARIZONA MARIJUANA LAWYER" »

June 25, 2010

Arizona Domestic Violence Laws, Penalties and Defenses

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

Like many crimes, Scottsdale, 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 Scottsdale, Arizona domestic violence offense, you should contact a Scottsdale, criminal attorney as soon as possible. The mistake many people make, after receiving Scottsdale, 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 Scottsdale, AZ Domestic Violence Attorney first.

Many people accused of a domestic violence offense want to know what will happen if the victim drops the charges. The answer is "nothing" will happen. The charges will still stand. Only the state court or prosecution can dismiss or acquit once the charges or arrest has been made.

Scottsdale, 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..."

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 Scottsdale Arizona. If convicted of Arizona Domestic Violence, the penalties are harsh.

CONSEQUENCES OF A DOMESTIC VIOLENCE CONVICTION
If you receive a conviction of domestic violence in Scottsdale, 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 Scottsdale, 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 Scottsdale, 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.

Defenses that can be used in a Scottsdale Domestic Violence Case
Some defenses that can be used include but are not limited to the following:
• You were acted in self-defense
• The incident involved a mutual attack
• Lack of evidence
• Lack of physical injury to the victim
• No witnesses were present accept for you and the accuser/victim
• Credibility of the accuser - history of false accusations
• Innocent by Facts of the case
• State of mind of the accuser/victim
• You were not the person who harmed the victim
• You were reacting to a threat or imminent physical danger by the victim
• You were severely intimidated or provoked by the accuser
• The accuser's motives in making unfounded claims
• Necessity Defense
• You stepped in to protect your child from imminent harm by the victim
• Accuser was under the influence of alcohol or drugs, causing their recollection or testimony to be incorrect
• In absence physical evidence, injury, weapons, or witnesses: the accuser refuses to testify; changes their story in deposition or in court; or has no recollection of events.

WHAT A SCOTTSDALE, DOMESTIC VIOLENCE ATTORNEY CAN DO
You will need an experienced Scottsdale, Arizona Domestic Violence attorney or Scottsdale, 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. A Scottsdale, Arizona Criminal Defense Attorney will be your voice. They will draw from their education, training, experience, litigation, case laws, Scottsdale, 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.

June 24, 2010

Arizona Domestic Violence Laws, Penalties and Defenses

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

Like many crimes, Gilbert, 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 Gilbert, Arizona domestic violence offense, you should contact a Gilbert, criminal attorney as soon as possible. The mistake many people make, after receiving Gilbert, 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 Gilbert, AZ Domestic Violence Attorney first. In addition, it makes no difference if the victim decides to drop the charges. Once you have been charged or arrested it is up to the State of Arizona to drop or dismiss the charges. It is out of the accuser's hands.

Gilbert, Arizona domestic violence laws fall under Arizona State Law A.R.S. Criminal Code 13. Domestic Violence law encompasses a long list of crimes outlined in A.R.S. 13-3601.

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 Gilbert, Arizona. If convicted of Arizona Domestic Violence, the penalties are harsh.

CONSEQUENCES OF A DOMESTIC VIOLENCE CONVICTION
If you receive a conviction of domestic violence in Gilbert, 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 Gilbert, 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 Gilbert 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.

Defenses that can be used in a Gilbert Domestic Violence Case
Some defenses that can be used include but are not limited to the following:
• The actions were the result of self-defense
• The altercation was mutual
• No evidence exists
• No evidence of physical injury or harm to the victim exists
• No witnesses
• Credibility of the victim's character
• The facts prove the claims are unjust and unfounded
• State of mind of both the accuser/victim
• The defendant was not the person who committed the crime
• The defendant reacting to a threat or imminent physical danger
• The incident arose completely out of accidental nature
• The defendant was severely intimidated or provoked by the accuser
• The accuser's motives in making unfounded claims were questionable
• Necessity Defense
• The defendant stepped in to avoid harm, or imminent danger to a child or other defenseless person by the victim at the time
• Accuser under the influence of alcohol or drugs, causing their recollection or testimony to be incorrect
• In absence physical evidence, injury, weapons, or witnesses: the accuser refuses to testify; changes their story in deposition or in court; or has no recollection of events.

WHAT A GILBERT , DOMESTIC VIOLENCE ATTORNEY CAN DO
You will need an experienced Gilbert, Arizona Domestic Violence attorney or Gilbert, 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. A Gilbert, Arizona Criminal Defense Attorney will be your voice. They will draw from their education, training, experience, litigation, case laws, Gilbert , 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.

June 23, 2010

Gilbert Assault Attorneys will Fight your Assault Charges

"There are two sides to every story. Let a Gilbert Assault Defense attorney protect your rights and educate the court on your side of the story."

In Gilbert, AZ there are two kinds of assault offenses. First, there is the "misdemeanor assault". The second is "felony aggravated assault". Each has varied penalties depending on the circumstances involved. They are both considered very serious crimes in the Gilbert Arizona. The Gilbert Assault laws, sentencing and punishments are dictated by the very strict assault laws of Arizona Criminal code A.R.S. 13-1203 - misdemeanor assault, and Arizona Criminal code A.R.S. 13-1204 felony aggravated assault.

If you were charged with a Gilbert assault, you will face harsh penalties if convicted. You should contact Gilbert criminal defense or Gilbert assault defense lawyer as soon as possible. A Free Consultation from a Gilbert Assault Lawyer is easy to find. You have nothing to loose by getting a free initial consultation, in the least. The following is short summary of the two assault types:

Gilbert, Arizona Misdemeanor Assault:
Misdemeanor Assaults are charged in Gilbert when a defendant's actions put caused someone fear of bodily harm; physical contact with another individual with the intent of causing bodily injury, or causing actual physical harm or injury to another; the intent to harm or provoke another person; intentionally placing another person in reasonable apprehension of imminent physical injury; intentionally, knowingly, or recklessly causing physical harm to someone. If convicted of a Gilbert AZ misdemeanor assault sentences and penalties can include up to one year in prison, fines up to $2,500, fees and restitution to the victim or the victim's family.

Gilbert, Arizona Felony- Aggravated Assault:
An Aggravated assault in Gilbert, AZ is a Felony. These charges are far more serious than misdemeanor assaults. If the situation presents an additional set of circumstances the misdemeanor assault will be elevated to a felony aggravated assault. Just some of those factors include but are not limited to the following: "serious physical injury" to another person, that creates a reasonable risk of death; use of a deadly weapon; if an assault is committed while the victim is restrained and not able to resist; if the assault causes substantial, temporary or permanent disfigurement; if the person commits the assault while violating a valid order of protection (restraining order); if the person attempts to gains control of a law enforcement officer's firearm or weapon; if the assault is against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor; if the person is eighteen years of age or older and the victim is fifteen years of age or younger. The penalties if convicted include among other serve punishment fees, and fines, restitution to the victim, lengthy prison sentences, long term felony criminal records that will following you adversely for the rest of your life.

Gilbert Assault and Aggravated Assault Defenses:

Your Gilbert criminal defense attorney will work together with you as a team, to build an effective defense. It is up to you to work with your attorney to provide information they request in your defense. It is the Attorney's job to gather, examine, build and mount a successful defense based on that material and drawing from their training, education, experience in defense and litigation. Below is a list of some of the defenses a good Gilbert Criminal Defense Attorney might consider, based on the circumstances of your case:
• Feared for your life or well being
• Your actions were in self defense
• Your actions were in response to what you perceived was a threat
• State of Mind of victim and defendant
• Necessity Defense
• Prosecution could not produce adequate evidence
• There were no witnesses besides you and the victim at the scene
• There was no weapon involved
• A third party was involved in the dispute
• The assailant was someone else
• The victim's credibility is in question. (victim's history of false accusations.)
• Your Constitutional Rights were violated during pre-charge investigation, charge, search, or arrest.
• You were provoked, threatened, or intimidation by the victim verbally, physically or in writing
• Accident outside your control
• Unforeseen, or unexpected situation

There are two sides to every story. Let a Gilbert Assault Lawyer protect your rights and educate the court on your side of the story. An experienced Assault Defense Lawyer understands your story is important, from your point of view. Your Gilbert Defense Attorney will gather and examine all evidence, build, and mount a strong defense against the prosecution based on your set of circumstances. The attorney's job is to find out what defenses can be used based on your unique set of circumstances. There job is to protect your rights, freedom, and future with the ultimate goal in every case is to get your case dismissed or in the alternative charges reduced, evidence suppressed, or the best outcome possible in your case. You will not get this help from the courts, prosecution, or anyone else. It is a very important decision to make. One that will affect the rest of your life. Choose wisely.

If you have been charged with any Gilbert assault, aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Gilbert Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Gilbert Assault Lawyer " »

June 22, 2010

Scottsdale DUI, DWI, OUI, Drunk Driving Attorney Law Firm
Defend Your Scottsdale DUI Drug Charges

A Driver who is charged with a DUI in Scottsdale, Arizona who tests positive for illegal drugs are subject to drug DUI charges in the state of Arizona. The Laws are strict; the punishment harsh. The simple presence of a drug in your system is enough for the Scottsdale Police to charge you, if they feel you were "impaired to the slightest degree." If charged, you will need to hire a DUI Attorney who defends DUI and drug DUI in Scottsdale on a regular basis to defend you. They must have must have the knowledge, experience, training, litigation background and the forensic tools needed to challenge Scottsdale, Arizona a Drug DUI.

From a penalty and sentencing standpoint, they are treated the same as a DUI with alcohol, even if the drug was a prescribed by your physician, an over the counter drug, or any other drug taken legally. The city of Scottsdale, State of Arizona and Prosecution want that conviction. They will stack the cards against you. They do not care why you were taking it and driving. The only thing that matters to them is that you had a drug in your system, tests were positive, you were driving, and in their opinion it impaired your driving, end of story to them. But it does not have to be the end. The charges should be the beginning of your journey to fight for your constitutional rights and freedom. If you hire the services of a good Attorney who defends these types of cases in Scottsdale courts, the story is far from over. Hiring a good Drug DUI attorney to represent you in Scottsdale can mean the difference within a range of a Drug DUI conviction and a total dismissal of your charges. That's the real story.

A good Scottsdale DUI lawyer will examine some of the following issues. Based on the answers to these questions, they may be able to get evidence suppressed; charges reduced or even a total dismissal of your charges. These excerpts have been cited from "101 DUI Defenses" Book from the Winning Defense Strategies Series -Author: James Novak. Note: This list is far from inclusive:

What was the reason for the stop? 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.

Was there probable cause for arrest? 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.

Was your blood sample preserved properly and according to protocol?
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.

Was the Urine Specimen collected, tested and transported properly?
The urine sample taken for drug testing must also be properly tested according to
required testing procedures and protocol, for handling, transport, labeling, and preservation, including the containers for which the urine specimen is stored.

Were second samples given to you in order for your Defense Attorney to have them independently tested?
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 has
been violated.

Were you under the influence of a legal medication that did not impair your driving? The police will attempt to charge you for prescription drug DUI if they can not charge you with an alcohol based DUI. Therefore, the argument and testing would need to confirm that you were not driving impaired to the slightest degree, due to this prescribed or otherwise legal medication. Just because a drug legal, harmless, prescribed or not, was found in your system, does not mean it impaired your driving. If not, this must be challenged.

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.

These are just a few defenses your Arizona drug DUI defense attorney should review in building your defense. With an experienced Scottsdale DUI Drug Defense Attorney your chances of getting a good to great outcome on your case increase drastically. They will determine and argue if the charges were unjustified, unfounded, unproved, or if your constitutional rights were violated in any way. If that is the case, your charges should immediately be dismissed. Give Yourself a second chance and a front and last line of defense.

If you have been charged with any Scottsdale, Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI; any Drug Crimes, including drug sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona Criminal Defense and Scottsdale DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Scottsdale Drug DUI " »

June 21, 2010

Things You Can Do To Fight Your DUI Charges

If you received DUI charges in Scottsdale you will need a good DUI attorney or Criminal Defense Attorney who defends DUI cases on a regular basis in Scottsdale Arizona. There are things you can begin doing immediately to help your Scottsdale DUI Lawyer get your case dismissed, reduce the charges, or suppress evidence, and to build the most effective defense possible.

Here are just a few abridged excerpts of "24 things" the third DUI Defense book from Arizona DUI Winning Defense Strategies Series by Author: James Novak, Scottsdale Criminal and DUI Defense Attorney. It is entitled "Your 24 Hour Defense Action Plan * 24 hours * 24 things you should do following Your AZ DUI Arrest":

Consult a DUI Lawyer who defends DUI charges in Scottsdale, as soon as possible. Even for some attorneys, DUI charges can be difficult to defend due to the strict and often changing laws and the many facets involved with effectively defending a Scottsdale DUI charge. You will need a Scottsdale DUI Lawyer well versed in all such matters surrounding Scottsdale DUI Cases, defends them on a daily basis and has extensive DUI litigation experience, and knowledge of Scottsdale DUI Law. Scottsdale Criminal Attorneys and DUI Lawyers must possess the needed experience and education to know not only legislative and case law, but the principles of biology, alcohol physiology, and the flaws of the breath machine and blood testing process, roadside police investigation procedures, be familiar with the constantly changing and radical Scottsdale DUI laws, and the vast number and type of DUI defenses that can be used to defend your case, and get you a successful outcome.

Document in Some Form Details and Narrative of the Incident As You Recall It: Your Scottsdale DUI Defense will depend on these specific facts about your DUI. It is of little or no difference whether you got a misdemeanor DUI or felony DUI. The type and location of the stop is of no concern at this point for your Scottsdale drunk driving defense. What matters most is for you to record what happened- Who, what, why, where, and when that night or day. The sooner you do this the better. The further away from the event, the harder it will be to remember the details. Include everything leading up to the initial encounter with Scottsdale law enforcement stop. The more details you remember, the better the chances of you and your DUI lawyer identifying defenses that can be used, improve credibility of your story and testimony, and getting your case dismissed in Scottsdale. In particular the reason for the stop can be one of the most important factors in defending your case.

Food and Drink Prior to the Scottsdale DUI arrest: Include a description of your eating and drinking from over the 24 to 48 hours until the time of the stop. (including drinking while driving and/or especially drinking or eating after driving), where did you eat or drink, what did you eat or drink, how much, actual time of start to finish for each meal, and for each drink, duration from time of last drink time until you drove, and until the first police contact. How long was it from when you last drank until the time before you drove until the time of blood and/or breath tests took place? Where was the location of the stop and results of each breath or blood test?

Your Court Appearance:
If you miss or fail to appear for your required court date and time, the court will immediately issue a warrant for your arrest. The court date and time is on your citation. This may change if you hire an experienced DUI attorney. Depending on the charges and circumstances, your Attorney may be able to vacate that date or otherwise appear on your behalf. Your DUI Attorney will let you know far enough in advance as to whether or not you will still be required to appear. There are many courts throughout the State. Be sure you know the location, time, and date. Again, if you have not retained an Attorney, it is mandatory that you appear, or a warrant for your arrest will be issued. If you are required to appear, don't be late. Depending on how late you are, a warrant may be immediately issued for your arrest. Even if you are just a few minutes late, the judge and prosecution frown upon this. Tardiness for any reason is considered to be disrespectful of your charges, their time, and their dockets. Being late for your court appearance sends a message to them that you are not taking the DUI charges seriously, which may effect your case unfavorably.

Arizona MVD Hearing:
In most cases the Scottsdale police will take your driver's license and gives you a pink carbon copy of a notice of suspension and temporary license, unless you had an out-of-state license or the alleged DUI is drug-related instead of alcohol related. Note: You have only 15 days from the date you received the notice (usually the arrest date, but not always) to request an MVD for a hearing (it's called an Admin Per Se hearing). This MVD suspension or revocation is otherwise automatic on the day your pink license expires, and is entirely different from the criminal court's proceedings. The MVD matter is more like a second civil matter in and of itself, separate from your criminal charges. So there are two entities to deal with: The State or County Court and Prosecution and then the State Motor Vehicle Department (MVD).

Communication is the Key: One of the questions you should ask when you look for Mesa DUI legal representation is "With whom will I be communicating with on a regular basis?" The Scottsdale DUI Attorney must be familiar with all the details surrounding your case. You need an open line of communication with them throughout your case, whether you have for questions, or need status or updates of your case, court dates, or if the Attorney needs to clarify something or needs other documentation you can provide for your defense. If you have hired an attorney, with whom you feel you can not get through to whe1n you call, or have difficulty communicating with, or do not have a professional comfort level with your case may be destined for failure. This is a major factor to consider, if and when you decide to hire a Scottsdale DUI lawyer.

If you have been charged with any Scottsdale DUI, Misdemeanor or Felony DUI, Repeat DUI, DUI with an accident or injury, Extreme DUI, Super Extreme DUI, Underage Drinking DUI, Aggravated DUI, DUI with prescription drugs, DUI with dangerous drugs, or any other Scottsdale Drug DUI, or any Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "SCOTTSDALE DUI DEFENSE" »

June 20, 2010

How to Help Get Your DUI Charges Dismissed!

If you are arrested in Tempe for DUI charges you will need an experienced DUI Lawyer or Tempe Criminal Defense Attorney who defends DUI cases often. Tempe is tough on DUI charges, considering them as serious offenses. Penalties fall within the authority and sentencing guidelines of the Arizona State's Criminal Codes. If convicted, DUI Punishments are severe, and carry mandatory incarceration in Arizona.

In addition to hiring a good Tempe Criminal Attorney, there are things you can do with the guidance of your Tempe DUI lawyer to take control your Tempe DUI charges. These items may help to get your case dismissed, reduce the charges, suppress evidence, and to build the most effective defense possible.

Here are just a few excerpts of "24 things" the third DUI Defense book from Arizona DUI Winning Defense Strategies Series by Author: James Novak, Tempe Criminal and DUI Defense Attorney. It is entitled "Your 24 Hour Defense Action Plan * 24 hours * 24 things you should do following Your AZ DUI Arrest":

Consult a DUI Lawyer who defends DUI charges in Chandler, as soon as possible. Even for some attorneys, DUI charges can be difficult to defend due to the strict and often changing laws and the many facets involved with effectively defending a Tempe DUI charge. You will need a Tempe DUI Lawyer well versed in all such matters surrounding Tempe DUI Cases, defends them on a daily basis and has extensive DUI litigation experience, and knowledge of Tempe DUI Law. Tempe Criminal Attorneys and DUI Lawyers must possess the needed experience and education to know not only legislative and case law, but the principles of biology, alcohol physiology, and the flaws of the breath machine and blood testing process, roadside police investigation procedures, be familiar with the strict, and changing Tempe DUI laws, and the vast number and type of DUI defenses that can be used to defend your case, and get you a successful outcome.

Document in Some Form Details and Narrative of the Incident As You Recall It:
Your Tempe DUI Defense will depend on these specific facts about your DUI. It is of little or no difference whether you got a misdemeanor DUI or felony DUI. The type and location of the stop is of no concern at this point for your Tempe drunk driving defense. What matters most is for you to record what happened- Who, what, why, where, and when that night or day. The sooner you do this the better. The further away from the event, the harder it will be to remember the details. Include everything leading up to the initial encounter with Tempe law enforcement stop. The more details you remember, the better the chances of you and your DUI lawyer identifying defenses that can be used, improve credibility of your story and testimony, and getting your case dismissed in Chandler. In particular the reason for the stop can be one of the most important factors in defending your case.

Food and Drink Prior to the Tempe DUI arrest:
Include a description of your eating and drinking from over the 24 to 48 hours until the time of the stop. (including drinking while driving and/or especially drinking or eating after driving), where did you eat or drink, what did you eat or drink, how much, actual time of start to finish for each meal, and for each drink, duration from time of last drink time until you drove, and until the first police contact. How long was it from when you last drank until the time before you drove until the time of blood and/or breath tests took place? Where was the location of the stop and results of each breath or blood test?

Ambulance or Hospital records: If you were taken to the hospital or emergency Room, following an accident and the ambulance went to the scene or you went to the hospital obtain medical records from both entities. Because of patient privacy laws, it is usually faster for you to obtain the records from the medical provider including the ambulance records, than if a criminal defense attorney requests them.

Your Court Appearance:
If you or fail to appear for your required court date and time, the court will immediately issue a warrant for your arrest. The court date and time will appear on your citation. If you hire an experienced DUI attorney, you may not need to appear on that date or time. Depending on the charges and circumstances, your Attorney may be able to vacate that date or otherwise appear on your behalf. Your DUI Attorney will let you know far enough in advance as to whether or not you will still be required to appear. There are many courts throughout the State. Be sure you know the location, time, and date. Again, if you have not retained an Attorney, it is mandatory that you appear, or a warrant for your arrest will be issued. If you are required to appear, don't be late. Depending on how late you are, a warrant may still be issued for your arrest. But even if you are just a few minutes late, the judge and prosecution frown upon this. Tardiness is considered to be disrespectful of your charges, their time, and their dockets. Being late for your court appearance sends a message to them that you are not taking the DUI charges seriously, which could have an adverse impact on your case.

Contact the Arizona MVD For Your Hearing: In most cases the Tempe police will take your driver's license and gives you a pink carbon copy of a notice of suspension and temporary license, unless you had an out-of-state license or the alleged DUI is drug-related instead of alcohol related. Note: You have only 15 days from the date you received the notice (usually the arrest date, but not always) to request an MVD for a hearing (it's called an Admin Per Se hearing). This MVD suspension or revocation is otherwise automatic on the day your pink license expires, and is entirely different from the criminal court's proceedings. The MVD matter is more like a second civil matter in and of itself, separate from your criminal charges. So there are two entities to deal with: The State or County Court and Prosecution and then the State Motor Vehicle Department (MVD).

Communication is Key:
One of the questions you will want to ask when you look for Tempe DUI Lawyer is "With whom will I be communicating with on a regular basis?" The Tempe DUI Attorney must be familiar with all the details surrounding your case. You need an open line of communication with them throughout your case, whether you have for questions, or need status or updates of your case, court dates, or if the Attorney needs to clarify something or needs other documentation you can provide for your defense. If you have hired an attorney, with whom you feel you can not get through to whe1n you call, or have difficulty communicating with, or do not have a professional comfort level with your case may be destined for failure. This is a major factor to consider, if and when you decide to hire a Tempe DUI lawyer.

If you have been charged with any Tempe DUI, Misdemeanor or Felony DUI, Repeat DUI, DUI with an accident or injury, Extreme DUI, Super Extreme DUI, Underage Drinking DUI, Aggravated DUI, DUI with prescription drugs, DUI with dangerous drugs, or any other Tempe Drug DUI, or any Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Tempe Criminal Defense, and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "TEMPE DUI DEFENSE" »

June 19, 2010

Chandler Assault will Fight Your Assault Charges

"There are two sides to every story. A Chandler Criminal Attorney will tell the court Yours"

In Chandler, Arizona there are two classes of assaults- 1) "misdemeanor assault" and 2) "felony aggravated assault". Both classifications have their own ranges of sentencing and penalties based on the circumstances of each case. Chandler, AZ, views both as serious offenses. The Chandler Assault laws, definitions, and penalties fall under the Arizona Criminal code A.R.S. 13-1203 - misdemeanor assaults, and Arizona Criminal code A.R.S. 13-1204 felony aggravated assaults.

If you were charged with an Assault of any kind in Chandler, AZ, you will face harsh penalties if convicted. You should contact Chandler criminal defense or an assault Attorney who defends clients frequently in Chandler Courts. It is important that in the least you obtain a free consultation from a Chandler Assault Lawyer. Most top Chandler Criminal Defense Attorneys provide free consultations. You have nothing to lose and will gain valuable insight and direction on your case.

The following is brief outline the two types of assault classifications:

Misdemeanor - Assault:
Misdemeanor Assaults are charged in Chandler when a defendant's actions caused a person bodily harm or fear of bodily harm; physical contact with another individual with the intent to cause bodily injury, or actually causing physical harm or injury to another; the intent to harm or provoke another person; intentionally placing another person in reasonable apprehension of imminent physical danger and injury; intentionally, knowingly, or recklessly causing physical harm to someone. If convicted, of a Chandler misdemeanor assault, sentences and penalties can include up to one year in prison, fines up to $2,500, fees and restitution to the victim or the victim's family.

Felony- Aggravated Assault:
An Aggravated assault is a Felony. These are extremely serious charges, with very severe penalties that can include long term to full life sentences. When certain additional factors exist on top of misdemeanor assault charges, they will be raised to the level of a felony "aggravated assault". Some of those factors include but are not limited to causing "serious physical injury" to another person, that creates a reasonable risk of death; use of a deadly weapon; if an assault is committed while the victim is restrained and not able to resist; if the assault causes substantial, temporary or permanent disfigurement; if the person commits the assault while violating a valid order of protection (restraining order); if the person attempts to gains control of a law enforcement officer's firearm or weapon; if the assault is against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor; if the person is eighteen years of age or older and the victim is fifteen years of age or younger. The penalties if convicted include among other serve punishment fees, and fines, restitution to the victim, lengthy prison sentences, long term felony criminal records that will following you adversely for the rest of your life.

Assault Charges and Aggravated Assault Charge Defenses:
Assault cases can be very complex. Your Chandler criminal defense attorney will work with you to build an effective defense case. It is essential that you provide whatever details, information or evidence available that your Chandler assault lawyer requests. This will help build the best defense possible for your assault charges. Your Attorney will then gather, evaluate, build and mount a defense they feel will bring you the most successful outcome. Your criminal defense lawyer will draw from their extensive experience, education, prior defense cases, litigation, and case law that may exist and apply to your set of circumstances.

Here is a sample list defenses that a top Chandler Defense Attorney might consider using depending on the unique set of facts that surround your charges:

• You acted out of extreme fear for good reason
• Your actions were in self defense
• Your actions were in response to what you perceived was life threatening
• Circumstances surrounding State of Mind of both you and the victim
• Necessity Defense
• Lack of adequate evidence
• No witnesses
• No weapon used or found or proved to be used
• Third or more parties were involved in the incident that brought harm
• You were accused wrongly in place of another
• Questionable motives of the victim to accuse you
• No proof of harm to the victim exists
• Questionable testimony by the victim - history of false allegations
• Your Constitutional Rights were violated during pre-indictment investigation, search, seizure or arrest.
• Provocation or intimidation by the victim
• The situation was purely accidental and outside of any of your control
• The situation was completely unforeseen, or unexpected
• No proof that any of your actions contributed to injuring the victim
• Proof that your prudently and actively did everything possible to help avoid threat, injury, or harm to the victim

There are two sides to every story. A Chandler assault lawyer will tell your side of the story. An experienced Assault Defense Lawyer understands your story is important, from your point of view. The attorney's job is to find out what defenses can be used based on your unique set of circumstances; protect your rights, freedom, and future; and in every case do what ever is needed to attempt to get the charges dismissed or in the alternative charges reduced, evidence suppressed, to get the best possible outcome for you.

If you have been charged with any Chandler assault, aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Chandler Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Chandler Assault " »

June 18, 2010

A Tempe DUI Defense allows your Tempe DUI Attorney to file a Motion to Dismiss or Motion to suppress specific evidence that the Prosecution would otherwise use against you. Your Tempe DUI Lawyer may at times be able to present such a defense which will allow for a negotiated dismissal or reduction of the Tempe DUI charges.

A good Tempe Arizona DUI attorney is very familiar with the defenses that can be used to challenge a the prosecutions case against you, depending on the circumstances surrounding your Tempe DUI charges. Below is a list of categories of defenses that can be used. These are outlined and discussed in detail in the "Winning Defense Strategies" DUI Defense Book Series written by: James Novak, Arizona DUI and Criminal Defense Attorney:

"Some areas to consider for your defense strategies include but are not limited to the following:

• INDEPENDENT STOPS AND ARRESTS

• FIELD DUI SOBRIETY CHECKPOINT - ROADBLOCKS STOPS

• POLICE OBSERVATIONS OF THE ACCUSED

• FIELD SOBRIETY TESTS

• BREATH, BLOOD AND URINE TESTS

• SUFFICIENCY OF EVIDENCE DEFENSES

• CONSTITUTIONAL RIGHTS VIOLATIONS

• TRIAL DEFENSES ..."

Tempe DUI charges, penalties, conviction and sentencing fall within the Arizona State Criminal Laws and Statutes. Arizona has some of the harshest laws and penalties in the country. Even for a first time DUI, an Arizona conviction carries mandatory jail sentences and other punishments such as court ordered use of an interlock ignition device to be installed in your vehicle. Tempe Arizona wants DUI charge convictions.

Hiring a good Tempe DUI attorney will significantly increase your chances of getting your charges dismissed or reduced. Your Tempe DUI lawyer will use every possible and appropriate defense to attempt to challenge the prosecutor's case, in an effort to get your Tempe DUI charges dismissed, reduced or otherwise the best possible outcome in your case.

If you have been charged with any Tempe DUI, Misdemeanor or Felony DUI, Repeat DUI, DUI with an accident or injury, Extreme DUI, Super Extreme DUI, Underage Drinking DUI, Aggravated DUI, DUI with prescription drugs, DUI with dangerous drugs, or any other Chandler Drug DUI, or any Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

Continue reading "Tempe DUI Attorneys | Tempe Defenses " »

June 17, 2010

"Experienced Tempe Criminal Attorneys can often get these cases dismissed"

If you face Disorderly Conduct charges in Tempe, you should consult a Tempe Disorderly Conduct attorney or a Tempe Criminal Lawyer who frequently defends Disorderly Conduct Charges in Tempe, Arizona.

The terms "Disorderly conduct" are also known as "disturbing the peace". Criminal Attorneys feel Disorderly Conduct Charges are overused. Police use them as "catch all" charges, especially if they don't have anything else to charge you for. Sometimes they are just annoyed with you and want to charge you with something---anything. It is common to see it charged in conjunction with other offenses for example, DUI, domestic violence, or assault. Because of the subjective nature of disorderly conduct charges, they can fundamentally be challenged by an experienced Tempe Criminal Attorney who often defends disorderly conduct charges in Tempe, Arizona. .

Some circumstances for which the police may charge you for disorderly conduct in Tempe can include the following: use of speech or profanity that others consider offensive, loud music, disruptive parties, assault, fighting, shouting, use of profanity in public, provocation, disturbing the peace in a business or the peace of its customers, refusing to leave a location when asked by an owner, manager, or police, waving or endangering display of a firearm, or disobedience toward a police officer.

Disorderly Conduct falls under Arizona Criminal Code 13, "A.R.S. 13-2904. Disorderly conduct; classification..."

Disorderly Conduct charges can be charges as class 1 misdemeanor. Class 1 misdemeanors are the highest level of misdemeanor in the State of Arizona. They carry upwards of 6 months in prison and fines of $2,500. If the charges involve a firearm, they will be charged as a class 6 felonies. A felony disorderly conduct charge carries maximum penalties that include one year in prison, a felony criminal record, loss of right to bear firearms, probation, and other penalties ordered by the court. The severity of the penalties depends upon the circumstances, whether a weapon was involved, or if it was a repeat offense.

Tempe Disorderly Conduct Defenses
An experienced Tempe Disorderly Conduct Attorney will gather, and examine all evidence; and build the best defense based on the unique circumstances of your case. The State of Arizona and Prosecution bear the burden of proving disorderly conduct charges were justified. Your Tempe Criminal Lawyer will determine if your constitutional rights were violated, evaluate for probable cause, justifiability of your actions, and through the proper legal channels present your side of the story.

Here are at least 15 defenses that a good Tempe Disorderly Conduct Attorney might use in your defense:
1) You were protecting someone
2) You were the wrong person charged
3) Lack of witnesses or evidence
4) Your actions were provoked due to threat or intimidation.
5) Necessity
6) Police Brutality
7) Police were just annoyed with you.
8) You were exercising your right to "free speech" under the Constitution, while in an appropriate location. You were expressing yourself through freedom of speech in a timely, orderly and peaceful manner.
9) The police accused you of having "an attitude", with no proof or other justification. Were the police aware that you may suffer from a physical or mental disability, illness or syndrome that was mistaken for a "bad attitude"?
10) Your Actions were in self defense or defense of home, property, or family
11) Violation of other Constitutional Rights
12) Credible witness statements overwhelmingly contradicted the police officer's account of the events leading to the charge
13) The police officer possessed a Personnel history of disciplinary actions due to bullying behavior patterns.
14) Someone else started the fight.
15) Your actions were not committed "with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so..." as required by A.R.S. 13-2904. Disorderly conduct; classification"

It is important to contact an Arizona disorderly conduct attorney who practices in Tempe, Arizona, if you face charges. Experienced Tempe Criminal Attorneys can often get these cases dismissed.

If you have been charged with any Tempe Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Tempe, Arizona DUI, Tempe, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Tempe, Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Tempe Disorderly Conduct 15 Defenses " »

June 16, 2010

A Tempe Assault Lawyer will protect your rights and educate the court on your side of the story.

In Tempe AZ there are two classifications of assault charges. The first is that of a
misdemeanor assault. The second is a felony or what is known as "aggravated assault. Each possesses varied levels of punishments, based on the circumstances surrounding your case and the incident. There are two things they have in common: 1) Both involve harm or intent to harm another person, and 2) Both are viewed as serious crimes with serious penalties subject to the laws and sentencing of Arizona Criminal code A.R.S. 13-1203 (misdemeanor assault) and Arizona Criminal code A.R.S. 13-1204 (felony aggravated assault). Due to the serious penalties involved in a conviction, you it is highly recommended that you contact a Tempe Criminal Attorney, who regularly defends and litigates all types of assault cases in Tempe Arizona. It is easy to find highly experienced Attorneys who provide Free Initial Consultation for your assault charges in Tempe Arizona. A Free Consultation from a Tempe Assault Defense Attorney is well worth your time - in fact, it's a must.

You can easily get a Free Consultation from a Top Phoenix assault attorney. If the first attorney you contact requires payment for a consultation, it is highly recommended that you continue to look for another Phoenix assault defense lawyer. Most Phoenix assault lawyers will not charge you for an initial consultation. The following is a brief discussion of the two different Phoenix Arizona Assault types:

Tempe Arizona Misdemeanor Assault:
A misdemeanor assault is one that involves subjecting or intending to harm another person for which they are in fear. It may include physical contact with another person with the intent of causing physical injury, provocations, or causing another person reasonable apprehension of imminent physical injury; The prosecution must prove you intentionally, knowingly, or recklessly caused physical injury, or intended to cause harm to another person If convicted of a Tempe misdemeanor assault you may face up to one year in prison, fines up to $2,500, fees plus reimbursement of medical bills or other restitution to the victim.
"A Free Consultation from a Tempe Assault Defense Attorney is well worth your time -in fact it's a must..."

Tempe Arizona Felony Aggravated Assault:
A Tempe Felony or aggravated assault charges are far more serious than a misdemeanor assaults. Several circumstances exist that elevate an assault to the "aggravated" or "felony" level. Here are examples, not all inclusive of those circumstances: Causing "serious physical injury" to another person, that creates a reasonable risk of death; use of a deadly weapon; committing an assault while a victim is being held against their will, restrained or is for some reason unable to resist; if the assault causes substantial disfigurement or impairment, temporary or permanent; if the person commits the assault while violating a valid order of protection; if the person takes or attempts to gain control of a police officer's firearm or other weapon; if the assault is against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor; if the person is eighteen years of age or older and the victim is fifteen years of age or younger. If convicted, punishments can include (not in any order) fines, fees, counseling, restitution to the victim, lengthy prison sentences, long term felony criminal records that will follow you in some cases for the rest of your life.

Tempe, Arizona Assault and Aggravated Assault Defenses:
So you're probably wondering "what can a Tempe Assault Defense Attorney do for me?"
Unfortunately, the Police, Prosecution, and State don't want to hear your side of the story. The police made a decision to charge or arrest you for assault. After that it was too late for your verbal side of the story. The police rarely, if ever, change their minds once the arrest is made. Now all they want is a conviction. It is important that you get a strong Tempe Criminal Defense Attorney who defends Tempe Assault cases on regular bases to defend you. They will be your voice, your sword, and your shield from the prosecution. That's just the way it is and the way the legal system is set up. You have the constitutional right to a private criminal defense attorney. They expect you to use it, and in this case, it is an extremely wise choice. Here are just a few defense strategies you might expect a good Tempe Assault Attorney to do for you, based on the unique circumstances of our case:

• You acted in self defense or out of fear
• You were reacting to what you perceived as a threatening situation
• Both the state of mind of the victim and you at the time of the incident
• "Necessity" Defense: For example, the victim was in the process of harming your child or an elderly parent
• Lack of evidence by the Prosecution
• If claim exists that you used a weapon, but there was no proof of that weapon
• The involvement of outside parties or persons
• Lack of witnesses
• Interview or depose the police and or witnesses
• You were not the person who committed the act
• Victim has a history of making unfounded claims, and is not a credible.
• The police violated your Constitutional rights during charges, arrest, or thereafter
• The victim provoked, threatened or intimated you, forcing your response
• The event was completely accidental, and in no way intentional
• The circumstances were unforeseen, unexpected or unpreventable
• Proof exists of efforts you made to protect the victim from the unexpected or unavoidable harm or endangerment.

Once your Tempe Assault Attorney gathers and examines evidence in your case, the will build and mount an effective defense. The court and prosecution will then be educated about your story, from the facts and evidence your Tempe Criminal Defense Attorney has presented. You will need a criminal defense attorney with a great deal of experience; one that understands your story and your freedom is extremely important; one that will over turn every stone of evidence to defend your rights and get the best possible outcome in your case be it suppression of evidence, reduction of charges or a total dismissal of your case.

If you have been charged with any Tempe Assault, aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Tempe Assault Defense Attorney Will Fight Your Assault Charges " »

June 15, 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.

If you have been charged with any Tempe, Arizona Domestic Violence, domestic violence Assault, aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Tempe, Arizona DUI, Tempe, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

Continue reading "Tempe Domestic Violence Criminal Defense " »

June 14, 2010

Tempe Drug Laws, Penalties, Defenses

If you were charged with a drug crime in Tempe Arizona, you may have been arrested. But you are innocent until proven guilty and that's the law. Don't think of it as the end, think of it as a beginning. Tempe Arizona drug charges are serious offenses, which need to be aggressively defended by an experienced Tempe criminal defense attorney or Tempe drug crime defense lawyer. If convicted of a Tempe drug crime, the sentencing and have adverse impacts on your life for years in the future.

Depending on the charges and your criminal history, being found guilty of a Tempe drug crime can include:
• Mandatory Incarceration in Jail or long term prison sentences
• Exorbitant monetary Fines
• Exorbitant Court, Evaluation and other Fees
• Drug Treatment ordered by the court
• Probation
• Criminal Record either Misdemeanor or Felony
• Required participation in Community Service
• Suspension or Revocation of your Driver's License
• Loss of the right to bear Firearms or other dangerous weapons
• Loss of other civil rights such as political voting rights
• Adverse impact on job, or future employment opportunities
• Adverse impact on ability to qualify for credit cards, home or auto loans
• Adverse impact on ability to quality for certain types of personal or business insurance
• Seizure of Tangible property such as home, vehicles, or other financial assets

It is obvious, that facing any one or more of these penalties are worth the fight for your future. But you are wondering what a Tempe criminal Defense Attorney can do to help you. Hiring a good Tempe criminal defense lawyer can mean the difference anywhere between getting your case dismissed or facing the maximum penalties under Arizona Law. Here is just a brief list of things an experienced Tempe Drug Crime Attorney can do to help you depending on the circumstances surrounding your case:

• Determine if your constitutional rights were violated during the process of your pre-charges investigation, citation, or arrest.
• Solicit the opinion of an expert (s) (medical, toxicology, pharmaceutical, etc)
• Evaluate to determine if the police in fact had "probable cause to arrest", which is the standard to execute an arrest.
• Evaluate to determine if the police followed proper protocol and procedures.
• If Blood or Urine Testing was done, determine if proper testing, handling, and transport of the specimen was followed.
• Have the toxicology retest of specimen conducted by an independent lab.
• Determine if the police officer followed proper protocol arrest procedures
• Determine if the officer had record of disciplinary record.
• Determine if the search and seizure of the drugs, or paraphernalia was legal
• Contest the amount of the drug (s) the police claim you had in your possession.
• Develop arguments based on the difference between actual possession and constructive possession
• Determine if the drugs in fact were yours
• Determine your actual knowledge if any of the existence of the drugs
• Interview, recorded statements or deposition of the police officers and witnesses
• Site visit or inspection of the vehicle where the offense and arrest took place
• Examine the facts for entrapment
• Challenge the charges
• File motions to have the evidence suppressed
• Work to get the sentence or charges reduced or sentencing significantly reduced based on lack of prior criminal convictions on your record.
• File motions to have the criminal charges dismissed based on weaknesses in the prosecution's case.

Note, you don't necessarily have to go through a trial by jury for any of these defenses or actions on your Tempe criminal defense attorney's part to take place. It is the Drug Crimes Attorney's job to do these things. No magic tricks--- Just naturally hard work, training and lots of litigation experience in defending drug crimes. There should be no secrets to what your Tempe Defense Attorney will do for you. A private Tempe criminal defense Attorney works for you. They should work with you to exhaust every possible avenue to defend you and get the best possible outcome in your case. Choosing the right Tempe criminal defense attorney maybe one of the most important decisions you make in your life. The question should not be "Do I hire an Attorney?" It should be "Which attorney do I choose?" Choose wisely.

If you have been charged with any Phoenix or Tempe, Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI; any Drug Crimes, including drug sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

Continue reading "Tempe Drug Charges Attorney " »

June 13, 2010

AZ Dangerous Drug Defense, Laws, Sentencing, Fines, Penalties

If you have been charged with a Drug Crime in Arizona, it is a very serious offense, particularly if it involves what are known as "dangerous drugs". If that is the case, you should consult an Arizona Drug Crimes Lawyer as soon as possible, because you freedom and future are at stake with serious adverse consequences if you are convicted. Arizona drug crime penalties vary based on different classes of drugs. "Dangerous drugs" have more severe penalties for crimes involving possession, sales, distributing, transport, or manufacturing.

Examples of dangerous drugs include but are not limited to the following:
• Methamphetamine (Meth)
• PCP
• Ecstasy
• LSD
• Anabolic steroids.

Just possessing a dangerous drug is a crime which can be charged as a class 2 felony. This is serious and punishable by 4 to 10 years in prison, depending on the facts surrounding the charges. Possession of methamphetamine for sale may be punishable by 5 to 15 years in prison. Greater penalties may be imposed if the offense occurs within a certain distance of school grounds or if the defendant has prior convictions of a similar nature.

Even if it is your first offense, or if the amount in your possession was minimal, the penalties are severe. Arizona Courts and Prosecution have "zero tolerance" for dangerous drugs. That is why it is so important to contact a drug crimes lawyer, or criminal defense attorney immediately if you have been charged with a dangerous drug crime. The fact that you were charged is very serious, but it does not mean you will be convicted. Your AZ drug crimes attorney may be able to use certain defenses to get your case dismissed, charges reduced or evidence suppressed.

If you have been charged with any Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI; any Drug Crimes, including drug sales, drug possession, drug manufacturing, drug paraphernalia,
Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

Continue reading "Arizona Dangerous Drugs | AZ Drug Crime Attorneys" »

June 12, 2010

AZ DUI Attorney can help you beat your Arizona DUI!

Arizona has some the toughest DUI laws
in the United States. If you have been charged with a DUI in Arizona, you should consult an AZ DUI Defense Attorney as soon as possible. Choose a private AZ DUI Lawyer, whose AZ Law Firm is devoted to providing AZ legal representation exclusively for AZ Criminal and DUI Defense cases. An experienced Arizona DUI attorney will be extremely familiar with the ever changing AZ DUI laws, AZ Courts and protocol, AZ Judges, AZ Prosecution, and most importantly AZ DUI Defenses can be used to defend your Arizona DUI Charges. A DUI charge in Arizona can be fought and dismissed, with the right AZ defense attorney representing you. Your chances of getting a case dismissed, charges reduced, evidence suppressed or any favorable resolution, and are drastically increase when you hire a good AZ DUI Lawyer.

Below are brief examples of defenses taken from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book. This will give you a flavor of just a few defense strategies a good AZ DUI defense Attorney might use to defend you as :

ILLEGAL STOP: "NO REASONABLE SUSPICION OF TRAFFIC OFFENSE"
The United States Supreme Court has held that an officer must have 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 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.

NO PROBABLE CAUSE TO MAKE THE ARREST
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 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.

INCOMPLETE STOP BY DRIVER
In this scenario, the officer claimed that you did not come to a complete stop for a traffic signal. This alone should not be attributed to a sign of intoxication. Thousands of times a day drivers do not make a full and complete stop, intentionally or unintentionally. Also, if you have a passenger and there is a traffic video camera in the area that could oppose whom was claimed to have been seen in the picture or video.

WEAVING WITHIN THE LANE
A motion may be filed to challenge the stop if it was based on a single observation of weaving within a lane as opposed to a significant or erratic amount of weaving within your lane to justify a stop. Does the swaying of a vehicle, especially larger vehicles such SUVs, travel trailers, trucks, buses, and the like, on the road, moving a matter of inches in the lane are a reason to stop? Were there any strong wind factors? Were you avoiding an accident because another car was infringing on your lane? Weaving once without crossing any divider lane lines is not a violation of the law. Therefore, a vehicle cannot be stopped for that reason. If there are no other infractions or reasons to stop the vehicle then the stop should be held illegal

SPEEDING ALLEGATIONS -NO PROOF - OR NOT RELATED TO DUI
Some research shows no link between drunk driving and speeding. Drivers exceeding the speed limit are not more or less likely to be impaired than any other driver. Thus, speeding alone does not substantiate probable cause to suspect you of DUI. Also, the defense must produce proof of your actual speed. (Did the officer estimate your speed by observation, by pacing, or speed detection equipment?) If no evidence exists, the
issue of speeding should also be challenged.

DUI SOBRIETY CHECKPOINT STOP - POLICE DEVIATED FROM RANDOM STOP REQUIREMENT
According to (NHTSA) guidelines, the police officers should adhere strictly to the formula that was dictated in advance by the police force management or other locale managing authority, as to which vehicles will be stopped at the checkpoint. (For example: every 3rd, or 4th vehicle or some other random mathematical formula.)

DELAYS IN TRANSPORT
Did you experience a long delay in being transported to a chemical testing site?
According to (NHTSA) guidelines, the logistics of chemical testing must allow expeditious transport of suspects to a chemical testing site.

STAGGERING OR SWAYING NOT THE RESULT OF DUI
The officer will record anything and everything possible to stack the cards against you, to get a DUI conviction. You may at times be along side of a street or highway with fast moving traffic. There may be gravel on road. You may be wearing high heels. You could be recovering from a leg or foot injury which would cause a different stance or exit from vehicle. Or you many have another medical condition that causes this type of movement in your gate or walk typically. Or you are just simply nervous because of the ordeal. If you are reported to have struggled to get out of your vehicle, issues can be challenged related to restrictions in the vehicle such as a larger person exiting a smaller vehicle. Other mechanics of the vehicle could be restricting such as trying to get out of a seat-belt that has mechanical problems unlatching.

OPENED CONTAINER WAS NOT YOURS
If the car was borrowed or you have or previously had passengers in the vehicle,
the police will attempt to attribute the open container of alcohol to the driver. However, it may not be yours. You may not have even known it was there in the first place, particularly if the car did not belong to you and you were simply a permissive user of the vehicle.

BREATHING PATTERNS
Were you instructed to breathe continuously into the device for more than 10 seconds?
Breathing test machines are calibrated to test no more than a 10 second long sample. If you were required to breathe into the machine for longer than 10 seconds, your results might have indicated a higher blood alcohol level than was actual. Hyperventilating, shallow breathing, or refusal to breathe might also interfere with an accurate test result.

Download a FREE PDF abridged version of the book now. Just visit www.arizonacriminaldefenselawyer.com . There is no cost, no obligation, and no personal information is required to download the free book of "101 DUI Defense Strategies". Winning Arizona DUI Defense Strategies Book.

If you have been charged with any Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

Continue reading "Contact an experienced Arizona DUI Lawyer for your Arizona DUI Charges " »

June 11, 2010

How To get Your Arizona DUI Charges Dismissed!

If you have been charged with an Arizona DUI, you have already learned that Arizona has some of the toughest DUI laws and DUI penalties in the Country. What you need now is to contact a good Arizona DUI attorney, the sooner the better. You may be feeling helpless against the prosecution at this point. But there are things you can do in conjunction with the guidance of your Arizona criminal attorney, to take control your DUI charges. It will require some actions on your part. But it will be well worth your time, if the results turn out to be a dismissal or reduction of your charges.

Here are just a few items out of "24 things" from the third DUI Defense book from the Arizona DUI Winning Defense Strategies Series by Author: James Novak, Arizona Criminal and DUI Defense Attorney. It is entitled "Your 24 Hour Defense Action Plan * 24 hours * 24 things you should do following Your AZ DUI Arrest":

Write, Type, or Document in some form a Detailed Narrative of the Incident As You Recall It:
Your Arizona DUI Defense will depend on these specific facts about your DUI. It is of little or no difference whether you got a Phoenix DUI, Tempe DUI, Scottsdale DUI, Gilbert DUI, Mesa DUI, Chandler DUI, misdemeanor DUI or felony DUI. The type and location of the stop is of no concern at this point for your Arizona drunk driving defense. What matters most is for you to record what happened- Who, what, why, where, and when that night or day. The sooner you do this the better. The further away from the event, the harder it will be to remember the details. Include everything leading up to the initial encounter with Arizona law enforcement stop. The more details you remember, the better the chances of you and your DUI lawyer identifying defenses that can be used, improve credibility of your story and testimony, and getting your case dismissed in Arizona.

Eating and Drinking:
Include a description of your eating and drinking from over the 24 to 48 hours until the time of the stop. (including drinking while driving and/or especially drinking or eating after driving), where did you eat or drink, what did you eat or drink, how much, actual time of start to finish for each meal, and for each drink, duration from time of last drink time until you drove, and until the first police contact. Try to remember how long was it from when you last drank until the time before you drove until the time of blood and/or breath tests took place. Try to recall where was the location of the stop and results of each breath or blood test.

Contact the Arizona MVD If You Want a Hearing:
In most cases the Arizona police will take your driver's license and gives you a pink carbon copy of a notice of suspension and temporary license, unless you had an out-of-state license or the alleged DUI is drug-related instead of alcohol related. Note: You have only 15 days from the date you received the notice (usually the arrest date, but not always) to request an MVD for a hearing (it's called an Admin Per Se hearing). This MVD suspension or revocation is otherwise automatic on the day your pink license expires, and is entirely different from the criminal court's proceedings. The MVD matter is more like a second civil matter in and of itself, separate from your criminal charges. So there are two entities to deal with: The State or County Court and Prosecution and then the State Motor Vehicle Department (MVD).

Photographs of the Location of the Stop or Arrest:
Your DUI attorney will explain that photographs of things that the police relied on as a reason for the stop may be challenged if the facts support it. Therefore, photograph anything that is related and referenced by the police such as objects that may have been hit or otherwise barriers such as other vehicles, light signals, trees. Also include mechanical items that were broken or failed such as turn signal lights, brake lights, taillights, a stop sign or traffic signal you may have been accused of disobeying, any surrounding barriers such as long branches or trees covering a sign or signal, or large utility truck or bus stopped in front of a traffic signal blocking its' view, or low branches, electrical lines that may have been covering the view of the sign or signal. Document weather conditions and landscaping such as large snow drifts blocking a sign, large hail stones slamming on to your windshield and the like. Note, a photo of the scene of the arrest and/or sobriety testing, photo or video of the terrain or landscaping, damage to a vehicle, injury to you or others may be critically important later when the actual evidence has disappeared.

Consult an Arizona DUI Lawyer as Soon as Possible:
DUI cases in Arizona are serious offenses. Even for some attorneys, they are difficult to defend due to changing laws, and the many facets involved with effectively defending a case. You need to consult an Attorney who is well versed in all such matters surrounding Arizona DUI Cases, defends them on a daily basis and has extensive DUI litigation experience. Criminal Defense & DUI Attorney must have the needed experience and education to know the principles of biology, alcohol physiology, and the flaws of the breath machine and blood testing process, roadside police investigation procedures, be familiar with the constantly changing and radical Arizona DUI laws, and the vast number and type of DUI defenses that can be used to defend your case, and get you a successful outcome.

If you have been charged with any Arizona DUI, Misdemeanor or Felony DUI, Repeat DUI, DUI with an accident or injury, Extreme DUI, Super Extreme DUI, Underage Drinking DUI, Aggravated DUI, DUI with prescription drugs, DUI with dangerous drugs, or any other Arizona Drug DUI, or any Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

Continue reading "ARIZONA DUI DEFENSE " »

June 10, 2010

Top Chandler DUI Lawyers Beat DUI Charges!

In order to make a Chandler Arizona DUI arrest, the burden of the Chandler police to have "probable cause" to make a DUI 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. If there was "no probable" for Chandler DUI arrest, the case may be dismissed. This would be accomplished by your Chandler DUI Attorney, filing the proper motion with the Chandler court on your behalf. This is just an example of a few defense strategies a good Chandler DUI Defense Attorney would use to defend your Chandler DUI, in an attempt to get your charges reduced or obtain a total dismissal of your Chandler DUI charges. These excerpts taken from "101 DUI Defense Strategies" Winning Arizona Defense Book 2010 ©:

POOR GROOMING
Did the police claim your grooming was poor?

On what basis was this opinion formulated? How does the police officer know what your typical grooming patterns or outward appearance is? What exactly did they document in the police report which constituted their opinion of "poor grooming"? If your clothing is crumpled or hair is disarray, the officer that stopped you for suspicion of DUI, would prefer to think that you must be driving drunk. Usually, they do not ask for an explanation for what in their opinion is "poor grooming". Perhaps you just finished working, helped a friend move, chased a lost pet down the street, spent a long day or night studying, playing basket ball, or struggling with something else in your life. There are hundreds of explanations for crumpled clothing, or disarray hair, which have nothing to do with impairment due to alcohol or drugs.

STAGGERING OR SWAYING
Did the police report that you were staggering or swaying at some point during the stop?

The officer will record anything and everything possible to stack the cards against you, to get a DUI conviction. You may at times be along side of a street or highway, with fast moving traffic. There may be gravel on road. You may be wearing high heels.
You could be recovering from a leg or foot injury which would cause a different stance or exit from vehicle. Or you many have another medical condition that causes this type of movement in your gate or walk typically. Or you are just simply nervous because of the ordeal. If you are reported to have struggled to get out of your vehicle, issues can be challenged related to restrictions in the vehicle such as a larger person exiting a smaller vehicle. Other mechanics of the vehicle could be restricting such as trying to get out of a seatbelt that has mechanical problems unlatching.

RATE YOURSELF
Did the police ask you to rate yourself?

The police routinely ask you to rate yourself from "0" to "10" that is "0" sober "10" extremely intoxicated. If the question was asked after you were arrested or were free from leaving, then your response may be suppressed as a violation of your right to remain silent. Do not allow self-incrimination. You have the constitutional right to remain silent. Use it!

FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED
Did the officer administer field sobriety testing in accordance with Federal Government guidelines?

According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication. The NHTSA sets certain standards for the administration of tests that include: Walk and Turn, One Leg Stand, and the Horizontal Gaze Nystagmus test. The above tests are not to be used if the DUI suspect is elderly, obese, not healthy, injured or suffers another medical condition which would affect them adversely if the tests were done, or if the results of the test would be inaccurate due to the condition.

"If there was "no probable" for Chandler DUI arrest, the case may be dismissed."

These are just a few fundamental defense strategies your Chandler DUI Attorney may use to defend your case. There are countless defenses a good Chandler DUI Lawyer can use, based on your set of circumstances. Your chances of getting your DUI Dismissed, reduced to lesser charges (for example bringing a criminal DUI charge down to a civil traffic citation such as running a stop sign), or an other good outcome on your case increases drastically if you hire a private Chandler DUI Defense Attorney.

If you have been charged with any Chandler DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, internet crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

Continue reading "Chandler DUI Attorney Chandler DUI Laws and Defenses " »

June 9, 2010

Defenses Used by Top Rated Mesa DUI Lawyers
"Fight Your DUI and Win!"

If you have recently been charged with a Mesa Arizona DUI charges you have already been through a traumatic experience, and realize how serious the charges are and wonder if there is anything that can be done. The answer is YES. You can fight your DUI and win! But your first step is to hire a Mesa DUI Attorney who can fight the battle on your behalf. The Mesa Courts and Legal systems are complex. There are no short cuts to an effective defense. An attorney who defends clients on a regular basis in the Mesa Courts are well versed on the laws; familiar with the prosecution; your constitutional rights; and most importantly what defenses can be used to get the best outcome in your case. Experienced Mesa DUI attorneys get cases dismissed and charges reduced on a regular basis. Of course, they can't and should not guarantee an outcome for your Mesa DUI. In fact, if an Attorney "guarantees" you an outcome on your case, especially before you hire them...run, don't walk the other way!

Fundamentally, in Mesa Arizona 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 Mesa DUI charges. With that in mind, here is a brief sample of DUI defenses your Mesa DUI attorney may use to get your case dismissed, charges reduced or evidence suppressed. Excerpts below quoted from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies Book:

CHANGING LANES WITHOUT A SIGNAL AS A BASIS FOR A STOP
Were you stopped because you did not use your turn signal?
You should always use your turn signal at all times. However, an argument could be made that the stop was illegal because no other traffic existed, involved a remote area, or no other traffic was affected by your turn without using a turn signal. The police and prosecution will argue that you are required to signal if there is other traffic nearby. Most Mesa DUI arrests occur late at night and very often the police car is the only vehicle even within sight distance of the driver. A.R. S 28-754. Turning movements and required signals: "A person shall not so turn any vehicle without giving an appropriate signal in the manner provided by this article in the event any other traffic may be affected by the movement."

INCOMPLETE STOP
Were you stopped because you did not brake to a complete stop where required?
In this scenario, the officer claimed that you did not come to a complete stop for a traffic signal. This alone should not be attributed to a sign of intoxication. Thousands of times a day drivers do not make a full and complete stop, intentionally or unintentionally. Also, if you have a passenger and there is a traffic video camera in the area that could oppose whom was claimed to have been seen in the picture or video.

WEAVING WITHIN THE LANE
Were you stopped because your vehicle weaved within your driving lane?
A motion may be filed to challenge the stop if it was based on a single observation of weaving within a lane as opposed to a significant or erratic amount of weaving within your lane to justify a stop. Does the swaying of a vehicle, especially larger vehicles such SUVs, travel trailers, trucks, buses, and the like, on the road, moving a matter of inches in the lane are a reason to stop? Were there any strong wind factors? Were you avoiding an accident because another car was infringing on your lane? Weaving once without crossing any divider lane lines is not a violation of the law. Therefore, a vehicle cannot be stopped for that reason. If there are no other infractions or reasons to stop the vehicle then the stop should be held illegal.

An experience Mesa DUI Attorney knows how to use the circumstances of your case, and your constitutional rights and the laws of Arizona in your favor. If you feel you deserve a second chance, consult a Mesa DUI lawyer regarding your Mesa DUI. You can Fight your DUI charges and win!

If you have been charged with any Mesa DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak for your Free Consultation at (480) 413-1499.

Continue reading " Mesa DUI Attorneys" »

June 8, 2010

A Phoenix Assault Defense Attorney will make sure your own rights have not been violated
"In Phoenix Arizona, there are two main categories of assaults charges: Misdemeanor "Assault," and felony "Aggravated Assault." Each category of assaults carries different levels of penalties depending on the facts surrounding your charges. Both are types are considered serious offenses in the eyes of Phoenix, Arizona and the Prosecution and you will potentially face serious penalties if convicted. You should immediately consult a Phoenix Assault Attorney if you have been charged of any assault offense. You can easily get a Free Consultation from a Top Phoenix Assault Attorney. If the first attorney you contact requires payment for a consultation, it is highly recommended that you continue to look for another Phoenix Assault Lawyer. Most Phoenix Assault Lawyers will not charge you for an initial consultation. The following is a brief discussion of the two different Phoenix Arizona Assault types:

Phoenix Arizona Misdemeanor Assault:
Simple assaults in Phoenix Arizona are those that involve the putting someone in fear of bodily harm, physical contact with another person with the intent of causing physical injury, or causing actual physical injury to someone, or the intent to harm or provoke another person; you intentionally placed another person in reasonable apprehension of imminent physical injury; you intentionally, knowingly, or recklessly caused physical injury to another person If charged and convicted of a Phoenix Arizona misdemeanor assault you can be sentenced to up to one year in prison, fines up to $2,500, fees plus restitution to the victim.

Phoenix Arizona Felony Aggravated Assault:
An Aggravated assault in Phoenix Arizona is a Felony. These charges are far more serious than simple assaults. There are several circumstances that can elevate an assault to the "aggravated" level. The following is not an exhaustive list. But to give you an idea, some crimes are considered felony assaults in the following situations: "serious physical injury" to another person, that creates a reasonable risk of death; use of a deadly weapon; if an assault is committed while the victim is restrained and is unable to resist; if the assault causes substantial disfigurement or impairment, temporary or permanent; if the person commits the assault while violating a valid order of protection; if the person takes or attempts to gain control of a police officer's firearm or other weapon; if the assault is against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor; if the person is eighteen years of age or older and the victim is fifteen years of age or younger. The penalties if convicted include among other serve punishment fees, and fines, restitution to the victim, lengthy prison sentences, long term felony criminal records that will following you adversely for the rest of your life.

Phoenix Arizona Assault and Aggravated Assault Defenses:
Some Phoenix Assault Defenses include just some defenses that a top Phoenix Assault Defense Lawyer may use depending on circumstances surrounding your charges:
• Fear and Self Defense
• Reaction to a perceived threat
• The state of mind of both the victim and the defendant
• Necessity Defense
• Lack of evidence
• Lack of weapon
• Third Party entities' involvement
• No witnesses
• Wrong person being accused
• Victim's credibility questionable
• Your Constitutional right were violated
• Provocation, threat or intimidation by the victim
• Accidental nature of injury or events v. intentional nature
• Other justifiable circumstances
• Unforeseen, no fortuitous, unexpected events involved
• Proof of assertive efforts by the Defendant avoid victim's endangerment

When you hire a good Phoenix Assault Defense Lawyer, with a great deal of experience, they understand that your story is important, from your point of view. Your Phoenix Arizona Defense Attorney will gather and examine all evidence, build, and mount a strong defense against the prosecution based on your set of circumstances. If hired, your defense attorney will interview witnesses, turn stones regarding circumstances surrounding the events, and use all defenses that may apply to your Phoenix Assault charges.

If you have been charged with any Phoenix Assault, aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

Continue reading "Phoenix Assault Lawyer Phoenix Assault Charge Attorneys Fight Your Assault Charges " »

June 7, 2010

Arizona Criminal Attorney
If you have been arrested in Arizona for a criminal defense, try to remember that you are innocent until proven guilty in a court of law. Just because you were charge, and arrested, doesn't have to mean you will be convicted of that Arizona crime. But you must consult and hire an Arizona Criminal Defense Attorney for any chance at all of getting your Arizona Criminal Charges dismissed, reduced or other favorable outcome in your case. The Arizona court and Arizona legal system is complex; the Arizona criminal laws are strict; and the Arizona criminal penalties and sentencing is harsh; The Arizona Prosecution and the State of Arizona have the job of getting a conviction. You will need a strong and experienced Criminal Defense Attorney to defend your charges against the state and the system.

"Just because you were charge, and arrested, doesn't have to mean you will be convicted of that Arizona crime."

You should, as soon as reasonably possible consult an experienced Arizona Criminal Lawyer to make sure your rights were not, or will not be violated. If hired, they will gather and examine all evidence possible to build and mount a strong defense, and help you to understand the process from start to finish. You will not have any other legal allies in the process. The judge can only rule on effective motions, evidence produced or jury decisions. Do not expect them to give you sympathy, help, or any breaks in the process if you do not have any attorney. In fact, it just makes the prosecution's job that much easier. And all the judge has to rely on and make his decisions are the motions, and evidence produced by the Prosecution. Do not help them to incriminate you by going unrepresented by a private attorney.

Most Top Arizona Criminal Defense Lawyers Give Free Initial Consultations.

Choosing an Attorney may be one of the most important decisions you will make relating to your criminal matter. Contact at least one or two Arizona Criminal Defense Attorneys. The consultations are usually free. Don't pay for one. Repeat--don't pay for an Arizona Criminal Defense Consultation. Almost all top Arizona criminal defense firms provide FREE consultations. Speak or meet with them, make sure you are comfortable with their high level of skill, training, education and experience in Arizona criminal defense and litigation in the court room regarding the criminal charges you face.

Regarding Arizona Criminal Defense Attorney fees, get quotes. You will find that many top Arizona Attorneys, not only provide free consultations, but are affordable. And a final word of caution, paying more, does mean you will get a better Attorney. Paying less does not mean you will get less effective legal representation. You should hire the Arizona Criminal Defense Attorney you feel will be the most likely to get the best outcome in your case. Your future and your freedom at stake, choose wisely.

If you have been charged with any Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

Continue reading "Arrested in Arizona " »

June 6, 2010

Make sure you get a Chance at the Best Outcome for your Scottsdale Criminal Charges

If you were arrested in Scottsdale, Arizona, you will want to consult and hire an experienced Attorney who defends their clients on a regular basis in the Scottsdale Courts. Even most top rated Scottsdale Criminal Defense Attorneys provide FREE initial consultations.

Scottsdale has long been known for being tough on crime. Criminal Offenses carry hefty penalties, fines and sentencing. You will need to hire an attorney who is familiar with Scottsdale and Arizona criminal codes, the court systems, the prosecution, the judges, and most importantly the defenses that can be used based on the circumstances of the offense for which you were charged in Scottsdale and arrested. You can easily find a top Scottsdale criminal defense attorney who provides a free consultation to those who have been arrested in Scottsdale or received criminal charges. They will let you know what laws, penalties and sentencing will apply in your case. If hired a good Scottsdale Lawyer will make sure your constitutional rights are protected through the process, gather all the evidence possible surrounding your case, and determine what the best possible defenses will be to mount against the prosecution.

Whether your case is a Scottsdale Misdemeanor, or Felony, or combination of both, can mean serious consequences. They should not be ignored or disregarded as not serious, no matter what the charges. Hiring an experienced attorney who practices often in Scottsdale can mean the difference between getting the maximum penalties for that crime, or a dismissal, reduced charges. Criminal records are easily put on your record, and very difficult to get removed. Some stay on for many years and affect you adversely in so many facets of your life. Everyone makes mistakes or errors in judgment. Anyone can be charged unjustly with a crime. You can recover from it. But you will need to hire a top Criminal Defense Attorney who can help you get the best outcome in your case. A private Scottsdale criminal lawyer will make all the difference in the outcome. Don't gamble with your future.

If you face any criminal charges in Scottsdale Mesa DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

Continue reading "Call an Expereinced Scottsdale Criminal Attorney " »

June 5, 2010

If your are charged in Arizona with Disorderly Conduct, you will need to contact an 1580035.html">Arizona Disorderly Conduct Attorney, or Arizona Criminal Lawyer who frequently defends disorderly conduct charges.

"Disorderly conduct" or "disturbing the peace" is a common Arizona Criminal charges. It's used by police broadly to charge or arrest of any type disruptive behavior. It does not sound fair, but the truth of the matter is that the police will often charge or arrest someone for disorderly conduct, if they are irritated with you or they can't find anything else with which to charge you. It is subjective in nature, any many times overstated, making them easy to challenge by an experienced Arizona Disorderly conduct Attorney.

Common disorderly conduct charges result from loud music, disruptive parties, shouting at or arguing with another person (s) in public, or other behaviors that make others in the vicinity feel fearful, upset, or extremely discontented, due to your actions. However, the circumstances can dictate how severe the charges and penalties will be if convicted.

There are a number of circumstances that may warrant a disorderly conduct charge:
• engaging in fighting or seriously disruptive behavior
• making "unreasonable" noise
• using abusive or offensive language to try and provoke someone
• making a commotion to disrupt business
• refusing to leave an area as directed by officials (for instance: the scene of a fire or emergency)
• recklessly handling or displaying a firearm. Any of these must be done with intent to disturb the peace of a neighborhood, family, or persons.

Penalties for Disorderly Conduct in Arizona
In most situations, disorderly conduct is a class 1 misdemeanor. Class 1 misdemeanors are the highest level of misdemeanor in the State of Arizona. They carry a potential of up to 6 months in prison and fines of $2,500. But if the charges involving a firearm, it is considered a class 6 felony.

Felony disorderly conduct carries a maximum penalty of one year in prison. Such a conviction will give you a criminal record as a felon, and is something

13-2904. Disorderly conduct; classification
A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:

1. Engages in fighting, violent or seriously disruptive behavior; or

2. Makes unreasonable noise; or

3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or

4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or

5. Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or

6. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.

B. Disorderly conduct under subsection A, paragraph 6 is a class 6 felony. Disorderly conduct under subsection A, paragraph 1, 2, 3, 4 or 5 is a class 1 misdemeanor.

If you have been charged with a disorderly conduct charge in Arizona, your best chance to fight these charges and win is to hire an Arizona Disorderly Conduct Attorney. They will gather the evidence and examine it to determine what will be the best defenses to use in your particular set of circumstances that will get you the best outcome in your case.

If you have been charged with any Tempe, Arizona Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Tempe, Arizona DUI, Tempe, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

Continue reading "Chandler Arrest Chandler Criminal Defense Attorney " »

June 4, 2010
"A good Gilbert Criminal Defense Attorney can make the difference between getting the max or a dismissal of your charges."

If you received criminal charges in Gilbert Arizona, you will need a good Gilbert Criminal Defense Attorney. Gilbert criminal offenses will be subject to sentencing provisions, and penalties of the State of Arizona Criminal Laws. Gilbert Criminal and DUI laws are some of the toughest in the country, and penalties are severe. Gilbert Crimes are subject to local municipality guidelines and subject to Criminal Offenses, Definitions, Sentencing, Fees, Fines, Imprisonment Penalties, and other penalties are outlined in and subject to in A.R.S. Title 13 - Criminal Code.

Any Gilbert crime is a serious enough crime for you to at least consult a Gilbert Arizona Criminal Defense Lawyer. A good Gilbert criminal attorney will provide you with guidance and information as the seriousness of the crime and its consequences. If a private Criminal Defense Attorney in Gilbert Arizona is hired, they can make the difference between getting the maximum penalties under the law or a dismissal of the charges completely. It is not a good idea to attempt to defend your self under any circumstances without first contacting a top Gilbert Arizona Criminal Attorney.

You will easily be able to find a Gilbert Criminal Defense Attorney who provides Free Criminal Defense Consultations. Most Criminal Defense Lawyers provide free initial consultations. You have nothing to lose by contacting a private criminal defense attorney, but everything to lose if you don't. Make sure you hire a Gilbert Arizona criminal lawyer who practices is the Gilbert Courts frequently, is familiar with the laws, and defenses that can be used in your favor. A top Gilbert criminal defense attorney will make sure your constitutional rights have not been violated; will fight for your freedom and future; and make every effort to get your charges dismissed, or reduce; and in the least the best possible outcome in your case.

If you have been charged with any Gilbert DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Gilbert Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Gilbert Arizona Criminal Charges Gilbert Criminal Attorney" »

June 3, 2010

Defend your Mesa Criminal Charges by hiring a top Mesa Criminal Lawyer

If you face a Mesa, Arizona criminal charge, Mesa Arizona Laws are will be subject to the sentencing provisions, and penalties of the State of Arizona Criminal Laws. These criminal and DUI laws are some of the strictest in the nation, and the penalties are considered extremely harsh. You will need to consult a good Criminal charge attorney, Criminal law Attorney or Criminal defense, or DUI Lawyer as soon as possible. Arizona Offenses, Definitions, Sentencing, Fees, Fines, Imprisonment Penalties, and other penalties are subject to A.R.S. Title 13 - Criminal Code. Mesa Arizona is touch on crime. In addition to their many volunteer and public programs, their law enforcement agencies are aggressive: Here are just a few brief facts about Mesa Arizona Police Agencies:

• Mesa Arizona Police Department - Approximately 1,168 officers and a total of 5 stations (one main, and four substations). This does not include volunteers or paid officers in managerial positions. (The total population of Mesa Arizona is approximately 460,000).

• Mesa Police Dept Forensic Services - Their tasks include but are not limited to examination and analysis of DNA and Serology, controlled substances, toxicology for urine drug screening, and blood alcohol content, firearms tool mark, fingerprinting, crime scene investigations. In addition, they provide extended training and technical assistance for police field DUI and drug testing and training programs.

• Mesa PD also has a traffic section which consists of about 80% paid sworn officers and 20% civilian employees. A large part of their traffic section includes Motorcycle Officers, Reconstruction Officers, and Hit and Run Detectives, and among other personnel those responsible for vehicle impounds

• Mesa PD often works in conjunction with other main city and county structured task forces including scheduled Arizona DUI sobriety checkpoint stops and other structured criminal task force operations.

If charged with any criminal offense in Mesa Arizona, be sure you contact a Mesa Criminal Defense Attorney who knows Mesa Arizona Laws, and Mesa Arizona Penalties; is familiar with Mesa Arizona Courts and practices there regularly; understands all the facets of Mesa Arizona criminal defense and is able to build a strong criminal defense on your behalf based on your particular set of charges. A good Mesa criminal defense attorney will make sure your constitutional rights are protected, determine if the criminal charges are justified, and make every effort to get your case dismissed, return lesser charges, or in the least get the best outcome possible on our case.

If you have been charged with any Mesa DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

Continue reading "Mesa Criminal Attorney " »

June 2, 2010

Phoenix Criminal Attorneys Know the Legal System and Know How to Use it in Your Favor
If you have been charged with a crime in Phoenix Arizona, it is important that you consult a Phoenix Criminal Attorney as soon as possible. During just the first three months of 2010 nearly 19,000 criminal offenses were reported in Phoenix, Arizona alone. Many of those criminal charges were successfully dismissed as unfounded; charges reduced; or other favorable outcome for those charged. They were defendants who hired good private Phoenix Arizona Criminal Defense Lawyers. Those crimes included but were not limited to the following: Forgery & Counterfeit, Embezzlement, Stolen Property, Vandalism Weapons, Sex Offenses, Narcotic Drugs such as Opium Marijuana Synthetics, domestic violence, DUI, and disorderly conduct, an d assaults, and other violent crimes. These are all serious crimes in the eyes of the city of Phoenix and subject to the laws and harsh penalties of the State of Arizona Title 13 - Criminal Code.

If you face any Phoenix criminal charge, you may be subject to incarceration in jail or prison, financial restitution, fines, fees, probation, counseling, community services, and any other sentencing the Arizona Court deems necessary. It is crucial that you hire an experienced Phoenix Criminal Defense Attorney who routinely defends clients facing Phoenix Arizona Criminal charges and arrests. Basically, Phoenix Arizona Crimes fall within two categories: Felonies or Misdemeanors. The Phoenix Arizona criminal sentencing and Penalties depend upon which of the two classifications the crime falls. A Phoenix felony charge and conviction is a very serious matter that can result in a substantial prison sentences, potential loss of certain privileges and rights, and hefty fines and fees. Phoenix Arizona misdemeanor offenses are still considered Arizona criminal charges and still punishable by a fine, probation, counseling, and jail. A Phoenix criminal misdemeanor conviction will still result with you having an Arizona criminal record.

Many of those who commit crimes in Phoenix, Arizona do not consider them selves typical "criminals". Many are just people, family members, loved ones, neighbors, co-workers, or friends, who made mistakes, errors in judgment, arrests or charges made unfounded, or may not have even realized they were committing a crime at all. Does this make them criminals? Should their lives and families be severely interrupted, or ruined? Should they get the max? A good Phoenix criminal defense Attorney's job is to make sure they get a second chance, a fair legal process, and protection of their constitutional rights. A private experienced Phoenix criminal Attorney's services will be needed to fight the charges. They will immediately beginning gathering the evidence, examining it, build and mount a strong defense against the Arizona prosecution to attempt to get the charges dismissed, reduced or the best outcome possible. The chances of getting a good or great outcome on a Phoenix Criminal Charges are slim to none without the services of a Phoenix Criminal Defense Lawyer. You may have made an error in judgment or not all in the actions that caused Phoenix charge or arrest. But you can take back control of your life and the Phoenix Criminal Charges by hiring an experienced Phoenix Criminal Defense Attorney to fight and protect your constitutional rights.

If you have been charged with any Phoenix DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other Criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, internet crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

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June 1, 2010

PHOENIX DUI ATTORNEYS - Why you need an experienced Phoenix DUI Lawyer to Defend You

Arizona DUI laws are some of the toughest in the entire country, as are the DUI penalties. The chances of getting any type of favorable outcome on your DUI case, are drastically reduces without the legal representation of a private Arizona Criminal Defense DUI Attorney. You need an Arizona DUI defense attorney who defends AZ DUI and criminal charges exclusively. Even the most basic DUI "impaired to the slightest degree", first offense punishments are harsh. Extreme DUI, repeat offense DUI, and other aggravated felony DUI charges and penalties are life alternating. 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 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. 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 that have been read to you, advise respectfully, that you wish to remain silent, and request to consult or retain an Arizona DUI Attorney in your defense.

It's a cold hard fact, that at this point, you'll be put in the court system and your file will be attached a court reference number. A mug shot and a case number are all you are in the eyes of the State of Arizona and the Prosecution. 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 are out for 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 look over every detail of your case to 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, make things any easier, or 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 Arizona Defense Attorney, or the jury returns a Not-Guilty Verdict on all charges. The chances of getting an acquittal or not-guilty verdict without a good Arizona Criminal Defense or DUI Attorney are slim to none. 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 Arizona 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 Arizona 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 DUI Attorney. Use it. By hiring the right Arizona defense attorney, 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 Arizona DUI Attorney, you regain control of your life, and your DUI charges. Your Phoenix DUI Attorney can immediately begin building and mounting a strong defense on your behalf. It's your second chance.

Your Arizona 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.

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