August 2010 Archives

August 31, 2010

A Good Scottsdale DUI Attorney will fight to get your DUI charges Dismissed!

"The Stakes are high. Hiring an experienced private practice DUI Lawyer can mean the difference between getting a Scottsdale DUI conviction or total dismissal of your Scottsdale DUI charges."

If you were stopped and arrested for a Scottsdale DUI you will need to consult a criminal defense attorney or DUI Lawyer who defends cases regularly in the Scottsdale Courts. When you make your choice, make sure the DUI Lawyer has a proven record of defending Scottsdale DUI cases, knows the constantly changing Arizona DUI laws, Case law that may affect your matter, breath and blood testing issues; and police and handling protocol. You must know that the Arizona DUI attorney defending your Scottsdale DUI charges will be proactive in defending your case, and not just go through the motions. Make sure that DUI attorney understands all the different types of defenses that can be used to challenge evidence, fight a Scottsdale DUI charges, and work to get your case dismissed. Knowing what to do and how to do it are quite different then actively doing what needs to be done.

Choosing a DUI lawyer to defend your Scottsdale DUI charges may be one of the most important decsion you will ever make. You rarely get a second chance at freedom. There are many Arizona DUI attorneys. But the good ones are not as easy to find. Just because they have the title or went to a highly rated law schools doesn't in and of itself make them a good defense Attorney in the practical world. You don't need help getting yourself convicted, and you certainly don't want to pay for it! You need a good Arizona DUI attorney to fight your Scottsdale DUI charges. There are many, many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the Winning Defense Strategies Book Series "#1 Arizona DUI Defense" and "101 DUI Defense Strategies" Books, written by a successful and experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Abridged versions of all three books can be downloaded completely free of charge www.arizonacriminaldefenselawyer.com.

Scottsdale DUI charge convictions have severe penalties. Arizona has some of the toughest DUI laws and punishments in the Country. Even a first time Scottsdale DUI charge carries severe penalties. There is too much to lose not to hire a good DUI Attorney to represent you and fight your Scottsdale DUI charges. A DUI conviction of any kind can have such negative impacts on your life such as loss of job or future job opportunities, loss of driver's license, high fines, costly fees, mandatory incarceration, and use of court ordered interlock device. This device is installed in your vehicle at your expense, and requires you to prove you have not been drinking before the auto's ignition will start-up.

The chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney who regularly defends cases in Scottsdale are slim to none. The Scottsdale court system has strict rules, guidelines, and protocols it must follow. You will need an experienced criminal defense attorney or DUI lawyer who regularly defends DUI charges in Scottsdale, Arizona to represent you. A good DUI Lawyer will do everything possible to build An effective Scottsdale DUI defense case, protect your constitutional rights, and fight to get your charges dismissed.

A Scottsdale DUI has many facets which must be examined. Each individual's case carries a separate set of circumstances. There is no "cookie cutter" DUI and the same goes for a DUI Defense. Every defendant's case must be evaluated on its on merits, circumstances, evidence or lack thereof. Some factors that must be examined include violations of your state or federal constitutional rights, the initial reason the police stopped you, the police officer's evidence, their deciding factors in making the DUI arrest, handling of the evidence, proper crime lab testing methods and handling of specimens, proper implementation of field sobriety tests, reliability of testing methods, maintenance and reliability of breathalyzer machines, and many more factors. You will not get the benefit of having these factors evaluated and challenged without a good private practice Criminal Defense or DUI lawyer who defends cases in Scottsdale regularly. The Stakes are high. Hiring an experienced private practice DUI Lawyer can mean the difference between getting a Scottsdale DUI conviction or total dismissal of your Scottsdale DUI charges.

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 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 Scottsdale, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Scottsdale DUI Lawyer " »

August 30, 2010

Chandler Marijuana Charges Dismissed!

If you face Marijuana possession charges in Chandler, Arizona, you should consult a Chandler Marijuana Lawyer or a Criminal Attorney who frequently defends drug charges in Chandler as soon as possible. Although it is the most common of Chandler Arizona drug charges, it is still consider a serious offense in the eyes of the prosecution and State of Arizona. This does not mean you have to accept the maximum penalties and sentencing for possession of marijuana in Chandler. Your Chandler criminal defense 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) The intended purpose of the possession (use, sale or distribution)
2) Prior convictions
3) If the charges were in connection to another offense

In General, sentencing and penalties for possession of Marijuana charges in Chandler can include the following:

• 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 including counseling

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 were charged with possession of Marijuana, without intent to sell, other purpose, or other charges, you may be eligible for what is called "deferred prosecution." This means you may qualify for a "second chance" by the Arizona Court. It requires completion of a probationary period. If your probation is completed satisfactorily, your charges may be dismissed. But if the probationary period or other court orders were violated, you could face original potential sentencing by the prosecution for the crime. A good Chandler Marijuana Lawyer or Chandler criminal defense Attorney will 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. Even if your circumstances preclude you from getting qualifying for deferred prosecution, other defenses can be used to challenge the prosecutions case against you. In any event, a good Chandler criminal attorney will fight for your freedom, make sure you are treated fairly, and still make every effort to get your case dismissed or otherwise the best outcome possible.

If you have been charged with any Chandler, 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. Speak directly with experienced Chandler, Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "CHANDLER MARIJUANA LAWYER" »

August 29, 2010

One Phoenix DUI Defense that Police Don't Want You to Know about...
"Retrograde Extrapolation"

Retrograde Extrapolation refers to the calculation of blood alcohol content (BAC) by estimating backwards from a later chemical test, in an attempt to determine what your
BAC level was at the time you were driving. Good Phoenix DUI Attorneys sometimes use this as a defense to present to the prosecution that you were not driving illegally, or impaired due to chemicals or alcohol at the time you were driving. Due to the existence of many variables, uncertainties, the complicated mathematical calculations, individual body absorption rates, and toxicology issues surrounding Retrograde Extrapolation, some states prohibit the DUI defense, or prosecution from using it.

The State of Arizona allows for admission Retrograde Extrapolation evidence, but only on a limited basis, meaning they must meet certain time restriction or other criteria in order to use it. Some of the best Phoenix DUI lawyers will still try use it in an appropriate case do defend you and challenge a DUI or Drug tests accuracy in order to suppress evidence or get your case dismissed. An argument can be made by your attorney that an unreasonable amount of time passed between when you were stopped for a Phoenix DUI and when you were tested for DUI or drugs. Therefore, causing the test to be inaccurate or invalid and not an accurate indicator of your impairment at the time you were driving.

A few factors that can result in delays from the time of the Phoenix DUI stop, and the time they were tested. Some common causes of delays include but are not limited to the following:

• You were suspected for Drug DUI, and it took an unreasonable amount of time to transport you to a facility, location, or arrange for qualified personnel to test you.

• A hit and run was involved, knowingly or unknowingly. You did or did not realize you hit someone at the time or you panicked and left the scene before the police arrived. Later, perhaps hours or day (s) you remembered or learned there was an injury involved; reported that you were the driver of the vehicle; and that you were driving under the influence of alcohol or drugs at the time.

• You had to be transported by ground or air ambulance to a hospital which took an unusually long time before you could be properly tested for qualified personnel.

• DUI involved a serious car accident which an unusual amount of time for the police to investigating the scene; a lengthy waiting or working around emergency crews; waiting for other police or traffic control officers to arrive before they had an opportunity to test you.

A good Phoenix Attorney may be able to get the evidence suppressed and case dismissed through the use of an expert, or by calculating the absorption level and elimination of alcohol from the body between the time you were driving and the time the tests were conducted. The rate of elimination in the average person is commonly estimated at .015 to .020 percent per hour. But this number is subject to fluctuations and many different factors for each individual. Generally the rate of your metabolism of drugs or alcohol can be effected by things such as bodyweight, body temperature, the type of drug or alcohol consumed, the amount, type and time of other food or fluids you may have consumed prior to the Phoenix DUI or Phoenix DUI with Drug stop by police.

Even though this defense has limits, it can still be a viable defense. An experienced Phoenix Arizona DUI Attorney may still challenge the breath or chemical testing to defend your case, and get your charges dismissed.

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 Phoenix DUI, Phoenix, Phoenix 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 Phoenix Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Phoenix DUI Attorney Defenses" »

August 28, 2010

Your chances of getting your Phoenix DUI dismissed increase significantly if your hire a good Phoenix DUI attorney or an Arizona Attorney who defends clients DUI charges frequently in Phoenix Arizona Courts. Here are some factors in the form of questions you should ask when looking for the best Phoenix DUI Attorney to defend your DUI charges. The following explanation is an excerpt taken from the "Winning Defense Strategies" Book Series written by James Novak, Arizona DUI and Criminal Defense Attorney:

"What is Your Experience?

What background do you have that qualifies you to handle my case?

Have you ever been a prosecutor? If so, where, and for how long?

Who Will Be My Lawyer?

Will you be the lawyer who is actually handling my case?

Who is doing all the investigation on my case? Will you be the lawyer who shows up to court with me?

Will you be switching lawyers on me?

Can I meet my assigned lawyer before I agree to hire your firm?

Will I be able to speak to you if I have a question or concern?

What is it going to Cost?

What training do you have with the issues involved in my case?

How many cases like mine have you handled?

How often do you handle this specific type of case?

How often do you deal with this particular prosecutor?

How often do you appear in this court?

How often do you appear before this particular Judge?

What is your current caseload?

How long should I expect to wait to hear back from you if I leave a message for you?"

No matter what you chose to do, remember if you face a Phoenix DUI or other Criminal Charge you are innocent until, and only if, you are proven guilty. Everyone makes mistakes. It's how you recover from that mistake that counts more. You can take control of your criminal or DUI charges now, by consulting and retaining a good Phoenix DUI lawyer.

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, 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 Phoenix Criminal Defense and Phoenix DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Phoenix DUI Attorney | How to Choose a Good Phoenix DUI Lawyer " »

August 27, 2010

Gilbert Marijuana Possession Defense Lawyer

If you are facing Gilbert Marijuana possession charges, also known as Cannabis or Pot, possession charges in Arizona, you should contact an Arizona Marijuana possession defense attorney or AZ criminal defense attorney who defends drug charges on a regular in Gilbert Court as soon as possible. In the state of Arizona these can be very serious charges, and penalties.

Whether your Marijuana charges were issued in Gilbert AZ, Phoenix AZ, Scottsdale AZ, Tempe AZ, Chandler AZ, Mesa AZ or any other city in Maricopa County or any other County within Arizona you will be subject to the rules of the State of Arizona Law regarding classification and penalties.

Gilbert Possession Laws
"A.R.S. Title 13 Chapter 34 "13-3405. Possession, use, production, sale or transportation of marijuana; classification

A. A person shall not knowingly:

1. Possess or use marijuana..."

Gilbert Arizona Possession Charges

"1. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of less than two pounds is guilty of a class 6 felony.

2. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of at least two pounds but less than four pounds is guilty of a class 5 felony."

Some of the factors Gilbert Court will consider for conviction sentencing and penalties will vary as follows:
• How much of the Marijuana was alleged to be in your possession.
• The intended purpose of the Marijuana found in your possession (use, or sale)
• Any prior criminal record
• First time vs. repeat charges for Marijuana possession
• The weaknesses or strength of the Gilbert Court prosecution's case against you.
• Any admissions of you did make or may have made regarding your guilt

Phoenix Marijuana Possession Defense Lawyer

"A good Gilbert Marijuana defense attorney and do everything possible to get your charges dismissed"

You should consult a Gilbert Marijuana Attorney or Arizona criminal defense lawyer who is defends Marijuana possession charges Gilbert AZ frequently. An experienced Gilbert Criminal Defense Attorney or Marijuana Possession defense Attorney will immediately begin building a case in your defense. Your Gilbert criminal Marijuana Defense Lawyer will investigate and examine any evidence to determine if the charges are justified. Your Gilbert Criminal defense Attorney or Marijuana possession defense attorney will challenge all evidence possible that the Gilbert prosecution has against you. Your Marijuana lawyer will point out weaknesses of prosecutions case to the Gilbert Court or Prosecution, at the first opportunity which is the evidentiary hearing. The weaker the prosecution's case, the more favorable the outcome will be for you.

An experienced Gilbert criminal defense or Gilbert Marijuana possession defense lawyer will make sure your constitutional rights have not been violated(which occurs often in the case of searches and seizures of the drugs by police). A good Gilbert Marijuana defense attorney will do everything possible to get your Marijuana possession charges dismissed. They will work for your defense through the proper legal channels to attempt to get a dismissal of your Gilbert Marijuana possession charges, suppression of evidence or reduction in charges. With good legal representation from a Criminal Defense Firm, your Marijuana possession defense charges have an increased chance of getting your chances dismissed, reduced or otherwise favorable outcome for you. Remember, experience matters when it comes to defending any criminal charges in any Gilbert Court.

If you have been charged with any Gilbert Marijuana possession, possession, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, 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). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in, Gilbert, Chandler, Mesa, Tempe, Phoenix, Scottsdale, Arizona and surrounding areas within Maricopa County valley-wide.

Continue reading "MARIJUANA Arizona Possession Laws" »

August 26, 2010

Tempe Marijuana Possession Defense Lawyer

If you face Tempe Marijuana charges, also known as Cannabis or Pot, possession charges in Arizona, you should contact an Arizona Marijuana possession defense attorney or AZ criminal attorney who defends drug charges on a regular basis as soon as possible. These are very serious charges, and if convicted, will have a life long adverse impact on you.

Whether you were charged with possession of Marijuana in Tempe AZ, Phoenix AZ, Gilbert AZ, Scottsdale AZ, Chandler AZ, Mesa AZ or any other city in Maricopa County or any other County within Arizona you will be subject to the rules of the State of Arizona Law regarding classification and penalties.

Tempe Possession Laws
"A.R.S. Title 13 Chapter 34 "13-3405. Possession, use, production, sale or transportation of marijuana; classification

A. A person shall not knowingly:

1. Possess or use marijuana..."

Arizona Possession Charges
"1. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of less than two pounds is guilty of a class 6 felony.

2. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of at least two pounds but less than four pounds is guilty of a class 5 felony."

The Tempe Sentencing and Punishments vary depending on several factors including but not limited to the following:
• How much of the Marijuana you were accused of possessing.
• The intended purpose of the Marijuana found, as alleged by the police
• Past Criminal Record
• First time vs. repeat offense of Marijuana possession
• Strength of the prosecution's case
• Any admissions of guilt you may have intentionally or unintentionally made

Phoenix, AZ Marijuana Possession Defense Lawyer
"A good Tempe Marijuana defense attorney and do everything possible to get your charges dismissed"

You should consult a Tempe Marijuana Attorney or Arizona criminal defense lawyer who is defends Marijuana possession cases in Tempe AZ. An experienced Tempe Criminal Defense Attorney will immediately begin building a case in your defense. Your Marijuana Defense Lawyer will investigate and examine any evidence to determine if the charges are justified. Your Tempe Criminal defense Attorney or Marijuana possession defense attorney will challenge all evidence possible that the Tempe prosecution has against you. Your Marijuana lawyer will point out weaknesses of prosecutions case to the Tempe Court or Prosecution, at the first opportunity which is the evidentiary hearing. . The weaker the prosecution's case, the more favorable the outcome will be for you.

An experienced Tempe criminal defense or Tempe Marijuana possession defense lawyer will make sure your constitutional rights have not been violated(which occurs often in the case of searches and seizures of the drugs by police). A good Tempe Marijuana defense attorney will do everything possible to get your Marijuana possession charges dismissed. They will work for your defense through the proper legal channels to attempt to get a dismissal of your Tempe Marijuana possession charges, suppression of evidence or reduction in charges. With the defense of a good Arizona Marijuana possession defense attorney your chances of obtaining such as favorable outcome increase significantly.

If you have been charged with any Tempe Marijuana possession, possession, 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 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). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in, Tempe, Chandler, Mesa, Tempe, Gilbert Scottsdale, Arizona and surrounding areas within Maricopa County valley-wide.

Continue reading "Tempe MARIJUANA Arizona Possession Laws" »

August 25, 2010

Your chances of getting your Arizona DUI dismissed increase drastically if you hire a DUI attorney in Arizona. There are many reasons for this. The following explanation is an excerpt taken from the "Winning Defense Strategies" Book written by James Novak, Arizona DUI and Criminal Defense Attorney:

"The police have already done their job and charged you with Arizona criminal DUI. You have a lot at stake including adverse effects to your job, driver's license, family, finances, children, future and freedom. The case is already in the court system and your file has been 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. Sound cold? Yes, but true. The Prosecution does not care who you are, what you do, or how your family or job will be affected by any of it. All they want is 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 any your constitutional rights were violated in anyway. That is not their job and they are too busy for that anyway. Their job is not to protect you, provide a defense, or help to find a way to minimize the adverse impacts to you due to the charges. They prosecute and convict. If you are looking for the Judge to be in your corner, look again. He's not either. The Judge does 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 need 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.

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, 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 Phoenix Criminal Defense and Phoenix DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Arizona DUI Defense | Why you need an Arizona DUI Attorney " »

August 24, 2010

A Good Gilbert DUI Attorney will fight to dismiss your DUI charges

"Hiring a private practice experienced Gilbert DUI Defense Attorney, can mean the difference between a conviction or total dismissal if your DUI charges".

If you face Gilbert DUI charges, you need to hire a Gilbert criminal defense attorney or DUI Lawyer who defends all types of DUI charges in Gilbert on a regular basis. Make sure your Arizona DUI Lawyer defending your Gilbert DUI is an experienced trial lawyer, who knows the laws, new or changing legislation, case law, breath and blood testing issues; and police and handling protocol; but most importantly, one who understands what defenses can be used to fight your Gilbert DUI charges and a conviction based on your set of DUI circumstances for which you were stopped and arrested.

Choosing a DUI lawyer to defend your Gilbert DUI charges is an extremely important decision. There are many Arizona DUI attorneys who may just go through the motions. You don't need any help getting yourself convicted, and you certainly don't want to pay for it. You need a good Arizona DUI attorney to fight your Gilbert DUI charges. There are many, many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the Winning Defense Strategies Book Series "#1 Arizona DUI Defense" and "101 DUI Defense Strategies" Books, written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Abridged versions of all three books can be downloaded completely free of charge www.arizonacriminaldefenselawyer.com.

Gilbert Police are extremely aggressive when it comes to DUI arrests. The police are highly trained in drug and alcohol toxicology and cues for DUI stops and arrests. They
In addition to task forces, Gilbert has extra motorcycle DUI and traffic law enforcement teams out actively looking for those drunk driving in Gilbert Arizona. They want DUI arrests and the Gilbert Prosecutors what DUI convictions. Gilbert Police have a reputation for being tough on DUI driving, and known to even go outside their own jurisdiction of the Gilbert city limits to find them, and make Gilbert DUI arrests.

Gilbert DUI convictions carry tough punishments as allowed by Arizona DUI law. . Even a first time Arizona DUI misdemeanor conviction, with no prior criminal history or criminal record, carries severe penalties. There is too much to lose not to hire a good DUI Attorney to represent you and fight your Gilbert DUI conviction. Adverse impacts include loss of your job or future job opportunities, loss of your right to drive and driver's license, high fines, costly fees, mandatory jail time, and court ordered interlock device (at your expense) which requires you to prove you have not been drinking before your automobile will start.

The chances of getting your DUI dismissed, an acquittal, or any favorable verdict without a good Arizona Criminal Defense or DUI Attorney who regularly defends cases in Gilbert are slim to none. The court system has strict rules, guidelines, and protocols it must follow. You will need a strong criminal defense attorney or DUI lawyer who regularly defends DUI and criminal charges in Gilbert Arizona, to defend you and challenge the charges. A good DUI Attorney will build and mount a strong Gilbert DUI defense, challenge the evidence, protect your constitutional rights, and fight to get your case dismissed.

A Gilbert DUI has many factors which must be evaluated. Every one is different and holds its own set of circumstances. There is no "cookie cutter" defense. Such factors that must be examined and challenged include violations of your state or federal constitutional rights, the reason for the stop, the police officer's handling of the case, proper crime lab testing methods, proper implementation of field sobriety tests, handling of lab results of toxicology tests, maintenance and reliability of breathalyzer machines, and many more factors. But you will not get the benefit of having these factors examined and challenged without a good private practice Criminal Defense or DUI lawyer who defends cases in Gilbert regularly. Hiring a private practice experienced Gilbert DUI Defense Attorney, can mean the difference between a conviction or total dismissal if your DUI charges.

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 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 Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Gilbert AZ DUI Lawyer " »

August 23, 2010

A Good DUI Attorney will fight to get your Chandler DUI charges Dismissed!

"The Stakes are high. Hiring a good, experienced private practice DUI Lawyer can mean the difference between getting a Chandler DUI conviction or dismissal of your Chandler DUI charges."

If you face Chandler DUI charges you will need to hire a criminal defense lawyer or DUI Attorney who defends cases regularly in the Chandler Courts. Many good DUI Attorneys will provide you with a Free Consultation. When you decide, make sure the DUI Attorney you chose has a proven record of defending Chandler DUI cases, knows the constantly changing Arizona DUI laws, Case law that may affect your matter, breath and blood testing issues; and police and handling protocol. You must know that the Arizona DUI attorney defending your Chandler DUI charges will be proactive in defending your case, and not just go through the motions. Make sure that DUI attorney understands all the different types of defenses that can be used to challenge evidence, fight a Chandler DUI charges, and work to get your case dismissed. Knowing what to do and how to do it are quite different then actively doing what needs to be done.

Choosing a DUI lawyer to defend your Chandler DUI charges is an extremely critical decision. Second chances at freedom are rare. There are many Arizona DUI Lawyers. But your challenge is to find a good one. Just because they have the title or went to a highly rated law schools doesn't in and of itself make them a good defense Attorney in the practical world. You don't need help getting yourself convicted, and you certainly don't want to pay for it! You need a good Arizona DUI attorney to fight your Chandler DUI charges. There are many, many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the Winning Defense Strategies Book Series "#1 Arizona DUI Defense" and "101 DUI Defense Strategies" Books, written by a successful and experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Abridged versions of all three books can be downloaded free of charge www.arizonacriminaldefenselawyer.com.

Chandler DUI convictions carry severe penalties. Arizona has some of the toughest DUI laws and punishments in the Country. Even a first time Chandler DUI charge carries severe penalties. There is too much to lose not to hire a good DUI Attorney to represent you and fight your Chandler DUI charges. A DUI conviction of any kind can have such negative impacts on your life such as loss of job or future job opportunities, loss of driver's license, high fines, costly fees, mandatory incarceration, and use of court ordered interlock device. This device is installed in your vehicle at your expense, and requires you to prove you have not been drinking before the auto's ignition will start-up.

The chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney who regularly defends cases in Chandler are slim to none. The Chandler court system has strict rules, guidelines, and protocols it must follow. You will need an experienced criminal defense attorney or DUI lawyer who regularly defends DUI charges in Scottsdale, Arizona to represent you. A good DUI Lawyer will do everything possible to build An effective Chandler DUI defense case, protect your constitutional rights, and fight to get your charges dismissed.

A Chandler DUI has many facets which must be examined. Each individual's case is different. There is no "cookie cutter" DUI or defense. There are many things a good attorney will pick up on after years and year of litigation and experience that a text book does not teach you in law school. Every defendant's case must be evaluated on its on merits, circumstances, evidence or lack thereof. Some factors that should be examined include but are not limited to: violations of your state or federal constitutional rights, the initial reason the police stopped you, the police officer's evidence, their deciding factors in making the DUI arrest, handling of the evidence, proper crime lab testing methods and handling of specimens, proper implementation of field sobriety tests, reliability of testing methods, maintenance and reliability of breathalyzer machines, and many more factors. You will not get the benefit of having these factors evaluated or the evidence challenged without a good private practice Criminal Defense or DUI attorney who defends cases in Chandler regularly. The Stakes are high. Hiring a good, experienced private practice DUI Lawyer can mean the difference between getting a Chandler DUI conviction or dismissal of your Chandler DUI charges.

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 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 Scottsdale, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Chandler Arizona DUI Lawyer " »

August 22, 2010

"An Experienced Mesa DUI Lawyer may be able to
reduce your DUI to a lesser charge, with lesser or no jail or prison sentence or even get your DUI charges dismissed completely."

Mesa DUI (Driving under the Influence) aw is governed by Arizona State Law DUI conviction includes mandatory jail or prison sentences depending on the severity and classification and circumstances surrounding your Mesa, AZ DUI charges, and the circumstances surrounding your DUI charges and arrest. If you have been charged and arrested, you still have a constitutional right to a defense. A DUI charge is not yet a DUI conviction. A Mesa Drunk Driving charge is just the beginning. An experienced DUI lawyer who defends cases in Arizona Court will among other things, make you're your DUI charges are justified, that there were no constitutional rights violations, and look for weakness or flaws in the prosecution's case. "An Experienced Mesa DUI Lawyer may be able to reduce your DUI to a lesser charge, with lesser or no jail or prison sentence or even get your DUI charges dismissed completely." There job is to fulfill your constitutional right to a defense. And a good Mesa DUI Attorney's job is to use every available means through legal channels to do that.

Important Note: Depending on the severity, circumstances and classification of the Mesa, AZ DUI charges Mesa AZ DUI convictions will include other penalties such as fines, fees, costs, probation, counseling, ignition interlock device, criminal record, and other punishments in addition to jail or prison time. Also, the jail or prison time may fluctuate depending on the facts of your case and criminal history, if any.

Often, the first question many people have who faces Mesa DUI charges is "If convicted, will I go to jail or prison and for how long?" The following is discusses the portion of the Arizona State Law that relates to the incarceration portion of DUI conviction sentencing. Remember, the answer may not be the same for everyone in every situation. Some Judges have discretion to increase the penalties and sentencing depending on your specific set of circumstances, criminal history and whatever the judge deems appropriate.

Arizona DUI Minimum Incarceration Sentencing Guidelines paraphrased from
A.R.S. 28 - 1381, 28-1382, and 28-1383:

• First DUI (non-extreme) .08+ BAC..................24 Hours in Jail
• Second DUI (non-extreme) .08+ BAC.................30 Days in Jail
• First DUI Extreme .15+ BAC ..........................30 Days in Jail
• Second DUI Extreme .15+ BAC.........................120 Days in Jail
• First DUI Super Extreme .20+ BAC....................45 Days in Jail
• 2nd Super Extreme .20+ BAC..........................180 days in jail
• Felony DUI (DUI with aggravated classification.....4 Months in Prison

The Mesa Court and Mesa Prosecutor will not do anything to help you defend your case. They want Mesa DUI convictions. If you choose to go unrepresented (not recommended), basically your side of the story will be ignored. In fact, without DUI legal representation and guidance by an Arizona DUI Lawyer or Criminal Defense Attorney who defends DUI charges frequently in Mesa Court, you may unknowingly be incriminating yourself further. The Mesa Prosecution and Mesa Court gets a fast conviction with little work when a defendant goes unrepresented. And without proper legal representation your attempts at defending yourself could make matters worse.

Your AZ DUI Attorney defending your in Mesa Court for your DUI, will be familiar with protocol, experience in frequent DUI litigation, understanding of Arizona law and changes in Arizona State law, Case law (other cases that may effect yours), and most importantly will know well what defenses can be used to build and mount a successful defense on your behalf. A good DUI Attorney in Arizona will do everything possible to get your case dismissed or a reduced sentence based on weaknesses in the prosecutions case. They will be the barrier between you and the Mesa Prosecution. They will be your voice of legal defense reason, and mount a strong defense on your behalf with the goal of make your rights are not violated, and that your future and freedom are protected.

If you have been arrested for any Mesa Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, Felony DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Mesa DUI, Mesa Drug DUI, or any other criminal charge including theft, assaults, 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 Mesa criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "Mesa DUI Penalties Require Jail Time For Arizona DUI Convictions" »

August 21, 2010

In Arizona, Tempe DUI Convictions Means Jail or Prison Time

Tempe DUI (Driving under the Influence) Laws are governed by Arizona State Law DUI and Criminal Code. The law requires that if convicted you will be required to complete a jail or prison sentence, another with a host of other Penalties. Just because you have been charged and arrested, you still have a constitutional right to a defense, and a DUI charge is not yet a DUI conviction. A Tempe DUI - DWI is just the beginning. An experienced DUI lawyer who defends cases in Arizona Court will among other things, make you're your DUI charges are justified, that there were no constitutional rights violations, and look for weakness or flaws in the prosecution's case. "An Experienced Tempe DUI Lawyer may be able to reduce your DUI to a lesser charge, with lesser or no jail or prison sentence or even get your DUI charges dismissed completely." There job is to fulfill your constitutional right to a defense. And a good Tempe DUI Attorney's job is to use every available means through legal channels to do that.

A good Tempe DUI Lawyer or Arizona DUI Defense Attorney, who defends Tempe DUI Charges frequently in Tempe Court, will fight to get your charges dismissed completely, or in the alternative reduced to a lesser charge to avoid your having to do Jail or Prison time.

For those facing DUI charges the first thing on many people's mind is "If convicted, will I go to jail or prison and for how long?"

Depending on the severity, circumstances and classification of the Tempe DUI charges
Tempe DUI convictions include other penalties such as fines, fees, probation, counseling, ignition interlock device, and other punishments in addition to jail or prison time. Also, the jail or prison time may fluctuate depending on the facts of your case and criminal history, if any. Often the first question many people have who face DUI charges is "If convicted, will I go to jail or prison and for how long?" The following is simply a guideline4s that focus on that question in the event of a DUI Conviction. Remember, the answer may not be the same, in that some court has discretion to increase the penalties including the sentence depending on your specific set of circumstances, criminal history and whatever the judge deems appropriate.

Arizona DUI Incarceration Minimum Sentencing Guidelines paraphrased from
A.R.S. 28 - 1381, 28-1382, and 28-1383:

• First DUI (non-extreme) .08+ BAC.................. 24 Hours in Jail
• Second DUI (non-extreme) .08+ BAC.................30 Days in Jail
• First DUI Extreme .15+ BAC ..........................30 Days in Jail
• Second DUI Extreme .15+ BAC.........................120 Days in Jail
• First DUI Super Extreme .20+ BAC....................45 Days in Jail
• 2nd Super Extreme .20+ BAC..........................180 days in jail
• Felony DUI (DUI with aggravated classification.....4 Months in Prison
.
The Tempe Court and Tempe Prosecutor will not help you to defend your case or make your life easier. To the contrary, their job is to get Tempe DUI convictions. Basically your side of the story will be disregarded or mute. A word of caution, if you do in fact decide to represent yourself (not recommended): In fact, without Arizona DUI legal representation and guidance by an Arizona DUI Lawyer or Criminal Defense Attorney who defends DUI charges frequently in Tempe Court, you may unknowingly be incriminating yourself further and making the prosecutor's case against you stronger. The Tempe Prosecution and Tempe Court get a fast conviction with little work when a defendant goes unrepresented. And without a good AZ DUI defense attorney, are futile, and to the hopes of the prosecution, could very well make matters worse.

Your Tempe AZ DUI Attorney should be experienced with a vast amount of DUI litigation experience, have a clear understanding of Arizona laws, changes in law, and most importantly will know well what defenses can be used to build and mount a successful defense on your behalf. A good DUI Attorney in Arizona will do everything possible to get your case dismissed or a reduced sentence based on weaknesses in the prosecutions case. They will be the barrier between you and the Tempe Prosecution. They will be your voice of legal defense reason, and mount a strong defense on your behalf. A good Tempe DUI Attorney's goal is to make sure your rights are not violated, and that your future and freedom are protected. That's their job: Make sure you choose an Arizona Attorney who does their job well.

If you have been arrested for any Tempe Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, Felony DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Tempe DUI, Tempe Drug DUI, or any other criminal charge including theft, assaults, 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 Tempe criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "Tempe DUI Conviction AZ DUI Law - Jail and Prison " »

August 20, 2010

Scottsdale Marijuana Possession Defense Attorney

If you face Scottsdale Marijuana possession charges, (also known as Cannabis or Pot) possession in Arizona, you should contact an Arizona Marijuana possession defense lawyer or an AZ criminal defense attorney who defends drug charges on a regular in Scottsdale Court as soon as possible. In the state of Arizona these can be very serious charges, and penalties.

Whether your Marijuana charges were issued in Scottsdale AZ, Phoenix AZ, Scottsdale AZ, Tempe AZ, Chandler AZ, Scottsdale AZ or any other city in Maricopa County or any other County within Arizona, makes no difference. You will be subject to the rules of the State of Arizona Law regarding classification and penalties.

Scottsdale AZ Possession Laws
"A.R.S. Title 13 Chapter 34 "13-3405. Possession, use, production, sale or transportation of marijuana; classification
A. A person shall not knowingly:
1. Possess or use marijuana..."

Scottsdale Arizona Possession Charges
"1. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of less than two pounds is guilty of a class 6 felony.
2. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of at least two pounds but less than four pounds is guilty of a class 5 felony."
Here is a sample of factors Scottsdale Court will consider for sentencing and penalties if you are convicted of Scottsdale Marijuana Possession Charges include by are not limited to:

• How much Marijuana was found in your possession?
• The intended purpose of the Marijuana found in your possession (personal use, or sale)
• Any prior criminal convictions
• First Marijuana possession charge vs. repeat offense
• The weight of the Scottsdale Court prosecution's case against you.
• Any admittance of guilt from you regarding the Marijuana Possession
• Any weaknesses or flaws in the Prosecutions case that can be used to negotiate a reduction in penalties and sentencing.

Scottsdale Marijuana Possession Defense Lawyer
"An experienced Scottsdale Marijuana defense lawyer should do everything possible to get your charges dismissed."

You should consult a Scottsdale Marijuana Attorney or Arizona criminal defense lawyer who is defends Marijuana possession charges Scottsdale AZ frequently. An experienced Scottsdale Criminal Defense Attorney or Marijuana Possession defense Attorney will immediately begin building a case in your defense. Your Scottsdale criminal Marijuana Defense Lawyer will investigate and examine any evidence to determine if the charges are justified. Your Scottsdale Criminal defense Attorney or Marijuana possession defense attorney will challenge all evidence possible that the Scottsdale prosecution has against you. Your Marijuana lawyer will point out weaknesses of prosecutions case to the Scottsdale Court or Prosecution, at the first opportunity which is the evidentiary hearing. The weaker the prosecution's case, the more favorable the outcome will be for you.

An experienced Scottsdale criminal defense or Scottsdale Marijuana possession defense lawyer will make sure your constitutional rights have not been violated. This is not uncommon in the case of searches and seizures of the drugs in your possession. An experienced Scottsdale Marijuana defense lawyer should do everything possible to get your Marijuana possession charges dismissed. They will work for your defense through the proper legal channels to attempt to get a dismissal of your Scottsdale Marijuana possession charges, suppression of evidence or reduction in charges. With good legal representation from a Criminal Defense Firm, your Marijuana possession defense charges have an increased chance of getting your chances dismissed, reduced or otherwise favorable outcome for you. Remember, experience matters when it comes to defending any marijuana possession or any criminal charge in any Scottsdale Court.
If you have been charged with any Scottsdale Marijuana possession, possession, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, 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 "MARIJUANA Scottsdale AZ Possession Laws" »

August 16, 2010

Mesa Marijuana Possession Defense Attorney

If you are facing Mesa Marijuana possession charges, also known as Cannabis or Pot, possession charges in Arizona, you should contact an Arizona Marijuana possession defense lawyer or an AZ criminal defense attorney who defends drug charges on a regular in Mesa Court as soon as possible. In the state of Arizona these can be very serious charges, and penalties.

Whether your Marijuana charges were issued in Mesa AZ, Phoenix AZ, Scottsdale AZ, Tempe AZ, Chandler AZ, Mesa AZ or any other city in Maricopa County or any other County within Arizona, makes no difference. You will be subject to the rules of the State of Arizona Law regarding classification and penalties.

Mesa AZ Possession Laws
"A.R.S. Title 13 Chapter 34 "13-3405. Possession, use, production, sale or transportation of marijuana; classification
A. A person shall not knowingly:
1. Possess or use marijuana..."

Mesa Arizona Possession Charges
"1. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of less than two pounds is guilty of a class 6 felony.
2. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of at least two pounds but less than four pounds is guilty of a class 5 felony."

Here is a sample of factors Mesa Court will consider for sentencing and penalties if you are convicted of Mesa Marijuana Possession Charges include by are not limited to:

• How much Marijuana was found in your possession?
• The intended purpose of the Marijuana found in your possession (use, or sale)
• Any prior criminal record
• First Marijuana possession charge vs. repeat offense
• The weaknesses or strength of the Mesa Court prosecution's case against you.
• Any admittance of guilt from you regarding the Marijuana Possession

Mesa Marijuana Possession Defense Lawyer

"An experienced Mesa Marijuana defense lawyer should do everything possible to get your charges dismissed."

You should consult a Mesa Marijuana Attorney or Arizona criminal defense lawyer who is defends Marijuana possession charges Mesa AZ frequently. An experienced Mesa Criminal Defense Attorney or Marijuana Possession defense Attorney will immediately begin building a case in your defense. Your Mesa criminal Marijuana Defense Lawyer will investigate and examine any evidence to determine if the charges are justified. Your Mesa Criminal defense Attorney or Marijuana possession defense attorney will challenge all evidence possible that the Mesa prosecution has against you. Your Marijuana lawyer will point out weaknesses of prosecutions case to the Mesa Court or Prosecution, at the first opportunity which is the evidentiary hearing. The weaker the prosecution's case, the more favorable the outcome will be for you.

An experienced Mesa criminal defense or Mesa Marijuana possession defense lawyer will make sure your constitutional rights have not been violated. This is not uncommon in the case of searches and seizures of the drugs in your possession. An experienced Mesa Marijuana defense lawyer should do everything possible to get your Marijuana possession charges dismissed. They will work for your defense through the proper legal channels to attempt to get a dismissal of your Mesa Marijuana possession charges, suppression of evidence or reduction in charges. With good legal representation from a Criminal Defense Firm, your Marijuana possession defense charges have an increased chance of getting your chances dismissed, reduced or otherwise favorable outcome for you. Remember, experience matters when it comes to defending any criminal charges in any Mesa Court.

If you have been charged with any Mesa Marijuana possession, possession, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, 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 "MARIJUANA Mesa AZ Possession Laws" »

August 13, 2010

You may hear about two people who may have received charges for the same crime, at the same time in Gilbert Arizona. One of them was convicted and was sentenced to do jail time and pay a large fine. The other got their case and all charges dismissed. You ask what was the difference in the two, and why did one get convicted, and the other get their charges dropped? Most likely the one got their case dismissed hired an experienced Arizona criminal lawyer who defends cases on a regular basis in Gilbert Arizona. Does this sound unfair? Maybe, but it happens every day in Phoenix, Tempe, Mesa, Gilbert Chandler, Scottsdale, and most other such cities in Arizona.

You will need to at least consult with a Gilbert Criminal Lawyer if you have been charged with a crime in Gilbert Arizona. It will take an experienced Gilbert Criminal Defense Lawyer, or Gilbert DUI Attorney or other licensed Arizona Criminal or DUI Attorney who practices DUI and criminal defense exclusively or on a regular basis in Gilbert. The criminal court system is complicated, the laws are tough and constantly changing, and criminal laws and legislation, and case law that may apply to your case is every changing. You need to hire someone who keeps up with all of this and defends clients in Gilbert Arizona regularly.

No matter if the charge is classified as a misdemeanor or felony conviction could have a profound and lasting impact on your life, employment, and family, right to drive, education, freedom and Future for many years. Hiring a good Gilbert criminal defense will make all the difference in the outcome of your case. Choosing an Attorney may be one of the most important decisions you will make relating to your criminal matter. All of the following are charges are offenses that a Gilbert criminal attorney would defend (not this list is not inclusive):

• DWI
• DUI
• OUI (Operating a Vehicle Under the Influence of drugs or alcohol
• OWI (Operating a Vehicle While Intoxicated)
• DUI with prior criminal or DUI convictions
• Theft
• Larceny
• Assault
• Aggravated Assault
• Robbery
• Burglary
• Sex Crimes
• Drug possession, Drug Sales, Drug Distribution, Drug Paraphernalia
• Dangerous Drug possession, Drug sales, Drug Distribution, Drug Paraphernalia
• Violent Crimes
• Internet Crimes
• Computer Crimes
• Vehicular Crimes
• Gun Charges
• Other Weapons Charges
• Domestic Violence
• Domestic Assault
• Child Abuse or Neglect
• Probation Violation
• Disorderly Conduct
• Pre-Charge Representation
• Kidnapping
• Misdemeanors
• Felonies

An experienced Gilbert Arizona criminal attorney will defend you; protect your constitutional rights, and fight to get your charges dismissed or reduced. In the least they will make sure you get the best possible outcome in your case. Most Gilbert criminal lawyers provide free consultations. You have nothing to lose, and everything to gain by consulting a Gilbert Criminal Attorney for your criminal defense or DUI matter.

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 Gilbert DUI, Gilbert , Gilbert 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 Criminal Attorney | Criminal Defense " »

August 10, 2010

Gilbert Felony DUI Attorney Who Fights Felony DUI Charges

"Your Best Offense against a Felony DUI Conviction is to hire a good DUI Lawyer who knows what defenses that can be used to defend Gilbert DUI Felonies".

If you face Gilbert Felony DUI, you will need to contact an Attorney to be experienced in defending Gilbert DUI charges. Felony DUI charges are very serious, especially in Arizona. Gilbert Police and Prosecution are extremely aggressive and they want convictions. Felony DUI charges are also known as "Aggravated DUI charges". Felony DUI convictions will result in serious punishments with adverse affects on your life that will follow you for years into the future. Gilbert Felony DUI convictions have higher penalties, increased incarceration than those of Misdemeanor DUI. Sentencing for a Felony DUI or Aggravated DUI in Gilbert can include up to 4 months or more in prison, in addition to other punishments such as fines, fees, loss of driver's license, mandatory Ignition Interlock device, restitution, probation and other penalties the court deems necessary.

Your Best Offense against a Felony DUI Conviction is to hire a good DUI Attorney is well versed at the defenses that can be used to defend your Gilbert DUI Felony. Your Arizona DUI Attorney must have the knowledge, and experience of using all the defenses available under by Arizona law to build successful defense against the prosecution in Gilbert for your Felony DUI charges. With a good Gilbert DUI Attorney, you may be able to get your charges dismissed completely, reduced to lesser charges and sentencing, or suppression of evidence against you. It requires good legal representation by an experienced Maricopa County DUI Attorney who is familiar and practices regularly in Gilbert, Arizona DUI Courts.

There are many defenses that can be used, and evidentiary issues that can be challenged in a felony DUI depending on each defendant's set of circumstances. Many of these defenses are cited in detail in the Winning Defense Strategies Book Series ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies"© Book, written by successful and proven DUI Defense Attorney, Arizona DUI defenses Author, James Novak. Abridged versions of many his Arizona winning defense strategies can be downloaded free of charge to the public. Your Arizona DUI defenses and your constitutional rights should be no "secret". A successful defense requires the right attorney, hard work, dedication, knowledge and experience. You deserve no less in an Arizona DUI Attorney to defend you. The free abridged versions of the book can be downloaded by simply visiting www.arizonacriminaldefenselawyer.com. Understand there is a big difference between knowing what your defenses are, and knowing how actually use them to challenge evidence and charges. A good Gilbert DUI Lawyer knows exactly what to do through the legal channels and protocol of the Gilbert Courts. Many people make the mistake of trying to represent them selves without hiring an attorney. This is very dangerous. You may be innocently trying to tell your side of the story, when in fact you are incriminating yourself further. You have the right to remain silent, use it. Let a good DUI Attorney who defends DUI charges in Gilbert Courts on a regular basis, knows the court procedures, guidelines, when and our to negotiate and make a defensive move on your behalf to best defend you. You have heard the old saying: "Only a fool represents himself". Note: This applies to Attorneys too. The best of attorneys will hire the best attorney they can find to defend them, if they have criminal or DUI charges too. It can happen to anyone, no matter who you are or what you do for a living. You won't find a neurosurgeon doing their own cerebral brain surgery either. (While that's a little far fetched, you get the point.)

Below are examples of just defenses categories that can often be targeted by your DUI Attorney that can be used to pursue dismissal of your charges, reduction in sentencing or suppression of evidence:

• "Reasonable Suspicion" is required for a traffic stop, by police
• "Probable cause" is required to arrest someone for DUI. This is a higher standard than "Reasonable Suspicion" to stop
• Validity or reliability of the field sobriety tests can be challenged.
• A police officer's credentials, certifications or competence can be challenged.
• Evidence the prosecution wants to use against you may have been mishandled during obtaining the evidence, handling by a third party, storage, or transport.
• Margins of differences exist in breath results or blood testing if they are too far apart.
• Too much time went by before the preliminary breath test, and official breath test was conducted.
• The environmental or landscaping conditions were not up to the official standards and guidelines to conduct field sobriety tests (large snow drifts, high winds, non-level ground, interferences, problems with lighting required with some field sobriety tests.
• Unapproved or unreliable field testing methods were performed.
• Lack of maintenance or records on breathalyzer machine used to read your BAC
• Inadmissible evidence used
• Out dated or not properly stored drug kits were used such as kits that may have been stored in police car trunks subject to extreme Arizona summer heat.
• Improper search and seizure of you or your vehicle was conducted.
• Other Violations of your Constitutional Rights occurred.

You have too much to lose with a Gilbert Felony DUI or Aggravated DUI conviction. You must have a strong Gilbert criminal defense or Gilbert DUI Attorney in your corner that knows exactly what needs to be done to protect you and that will draw from their years of experience and litigation, training, education and knowledge of the law, and court protocol to defend you. . With an experienced, dedicated Felony DUI Lawyer, your chances of getting a good outcome on your case drastically increase.

If you have been charged with any Gilbert 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 Gilbert DUI, Gilbert Drug DUI, or any other criminal charge including theft, assaults, 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 James Novak (Former Prosecutor).

Continue reading "DUI Attorney in Gilbert Court" »

August 9, 2010

A good Scottsdale Arizona DUI attorney can use many defenses to fight your DUI depending on the facts of your Scottsdale DUI case. A specific defense allows your Scottsdsale Attorney to file a Motion to Dismiss or Motion to suppress specified evidence that would otherwise harm your case. A presentation of the specific defense by your DUI Attorney to the prosecutor may allow for a negotiated dismissal or reduction of the charges. The following is a list of some main categories of defenses that can be used, as outlined from 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 ..."


Penalties and sentencing for Scottsdale DUI convictions fall under the Arizona Criminal Laws and Statutes. The laws are strict, and punishments harsh. Even first time DUI convictions in Arizona carry mandatory jail sentences and other severe penalties. Scottsdale Arizona wants convictions for DUI charges. However, with the help of an experienced DUI attorney who defends Scottsdale DUI charges on a regular basis, you have the chance of possibly getting your charges dismissed or reduced. Your DUI lawyer will use every defense available in your Scottsdale DUI charges by gathering and examining all the evidence; determining which defenses will be best used to fight your DUI; and challenging the prosecutor's case based on these defenses and the circumstances surrounding your charges to get them dismissed, reduced and get the best outcome in your case.

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 Attorneys | Scottsdale Defenses " »

August 8, 2010

A Mesa DUI Defense is something that allows your Mesa DUI Lawyer to file Motions to Dismiss the charges or suppress certain evidence that Prosecutors would otherwise use against you in their attempt to convict you of Mesa DUI charges. Your Mesa DUI Defense Lawyer may at times be able to present a specific defense which will allow for a negotiated dismissal or reduction of the Mesa DUI charges.

A good Mesa DUI attorney or DUI lawyer who defends DUI charges frequently in Mesa are familiar with what defenses can be used to challenge a the prosecutions evidence against you. Below is a list of primary categories of defenses that are often used to fight DUI charges in Mesa. 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 ..."

Mesa DUI charges, classifications, and laws fall within the Arizona State Criminal Laws and Statutes. Arizona has some of the harshest laws and penalties in the country for DUI charges. Even a first time DUI in Arizona carries mandatory jail, and court ordered court ordered use of an interlock ignition device to be installed in your vehicle. Mesa Arizona Prosecution wants DUI charges convicted. It makes no difference, who you are, or that fact that you do not have a criminal record. Mesa is looking for DUI convictions, and will do everything within their authority to get them.

If you have hired a good Mesa DUI attorney or Arizona DUI lawyer your chances of getting your charges dismissed or reduced significantly increase. Your DUI lawyer defending your Mesa charges an will use every appropriate defense in an attempt to challenge the prosecutor's case, get your Mesa DUI charges dismissed, reduced or otherwise the best possible outcome in your case.

If you have been charged with any Mesa 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. Speak directly with experienced Mesa Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Mesa DUI Attorneys| Mesa Defenses " »

August 7, 2010

If you are facing Phoenix criminal charges, you will need a Phoenix Criminal Lawyer to defend you. This is the case even if you reside out of state, and were driving through or a visitor to Phoenix at the time of your arrest or citation. If you reside in another state and you can hire an Attorney in your home state, if they are licensed to practice criminal defense in Phoenix. Even if that is the case, make sure they keep up on the ever changing Phoenix criminal and DUI laws, statutes and case law. Your best chances of getting a good outcome will be to hire an attorney who resides and is licensed to practice criminal defense and DUI defense in Arizona, who defends clients daily or frequently in the Phoenix Court System.

Some people mistakenly think any lawyer can defend their criminal charges. Perhaps they have a friend or relative or an attorney they used for a personal injury matter they wish to handle their case. Decades ago, that may have been the case, but that is no longer true. Phoenix Criminal and DUI statutory laws fall under the strict Arizona Criminal codes. They are constantly changing and more criminal cases that have gone to trial and appeals have set case law authority and precedent. It is quite a challenge for a Phoenix Attorney who practices exclusively in Arizona criminal or DUI law to keep up. The court system and procedures are complicated and the courts dockets are overloaded. You don't want a lawyer who is just going through the motions, and taking whatever the Phoenix prosecution throws at you. You don't need anyone to help you get a conviction. Phoenix Arizona prosecution will already be doing that.

You need a strong ally. The criminal and DUI laws are tough in Phoenix, some of the toughest in the country. You need a proven Phoenix criminal defense Attorney or DUI Lawyer who frequently defends cases in Phoenix Arizona. You want an Attorney who will challenge the prosecutions case against you, and use every defense in their arsenal to try and get your case dismissed. You need a Phoenix Criminal Attorney who knows the law, the court systems, defenses that can be used, judges, prosecution, and case law that may have an impact on your case. You want an attorney who will protect your constitutional rights. A violation of your state or federal constitutional rights may lead to grounds for dismissal of your Phoenix criminal charges. All of these factors have an impact on the outcome of your case. They can make the difference between you getting the maximum sentence following a conviction, or getting your charges totally dismissed. For criminal charges in Phoenix, you need to hire a\ Phoenix Criminal Attorney. Your future is too important to gamble with.

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 Phoenix DUI, Phoenix, Phoenix 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 Phoenix Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Phoenix Criminal Attorney | Criminal Defense " »

August 6, 2010


A Good Mesa DUI Attorney will challenge all evidence possible to get your DUI charges Dismissed!

"Hiring an experienced private practice DUI Attorney can mean the difference between getting a Mesa DUI conviction or total dismissal of your Mesa DUI charges."

If you face DUI charges in Mesa, you will need to consult a criminal defense attorney or DUI Lawyer who defends all types of criminal charges and DUI charges in Mesa Arizona on a regular basis. Make sure your Arizona DUI Lawyer is has a proven track record of defending Mesa DUI cases, knows the Arizona DUI laws which are constantly changing, Case law that may affect your case, breath and blood testing issues; and police and handling protocol. But most importantly, you need to know that the Arizona DUI attorney defending your Mesa DUI charges will make active efforts to defend your case, and not just go through the motions. Make sure that DUI attorney understands all the different types of defenses that can be used to challenge evidence, fight a Mesa DUI charges, and work to get your case dismissed. Knowing what to do and how to do it are quite different then actively doing what needs to be done.

Choosing a DUI lawyer to defend your Mesa DUI charges is an extremely important decision. There are many Arizona DUI attorneys. But the good ones are not so easy to find. Just because they have the title or went to a highly rated law schools doesn't in and of itself make them a good defense Attorney. You don't need help getting yourself convicted, and you certainly don't want to pay for it! You need a good Arizona DUI attorney to fight your Mesa DUI charges. There are many, many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the Winning Defense Strategies Book Series "#1 Arizona DUI Defense" and "101 DUI Defense Strategies" Books, written by a successful and experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Abridged versions of all three books can be downloaded completely free of charge www.arizonacriminaldefenselawyer.com.

Mesa DUI convictions carry severe punishments, and Arizona has some of the toughest DUI laws and penalties in the United States. Even a simple first time Mesa DUI charge carries severe penalties. There is too much to lose not to hire a good DUI Attorney to represent you and fight your Mesa DUI charges. A DUI conviction of any kind can have life changing adverse impacts on your job or future job opportunities, loss of your right to drive and driver's license, high fines, costly fees, mandatory incarceration, and use of court ordered interlock device. This device is installed in your vehicle at your expense, and requires you to prove you have not been drinking before the auto's ignition will start-up.

The chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney who regularly defends cases in Mesa are slim to none. The court system has strict rules, guidelines, and protocols it must follow. You will need an experienced criminal defense attorney or DUI lawyer who regularly defends DUI charges in Mesa Arizona to provide you will legal representation. A good DUI Lawyer will do everything possible to build an effective Mesa DUI defense case, protect your constitutional rights, and fight to get your charges dismissed.

A Mesa DUI has many facets which must be examined. Each individual's case carries a separate set of circumstances. There is no "cookie cutter" DUI and the same goes for a DUI Defense. Every defendant's case must be evaluated on its on merits, circumstances, evidence or lack thereof. Some factors that must be evaluated and challenged include violations of your state or federal constitutional rights, the reason for the stop, the police officer's evidence and deciding factors in making the DUI arrest, handling of the evidence, proper crime lab testing methods, proper implementation of field sobriety tests, handling of lab results of toxicology tests, maintenance and reliability of breathalyzer machines, and many more factors. But you will not get the benefit of having these factors evaluated and challenged without a good private practice Criminal Defense or DUI lawyer who defends cases in Mesa regularly. Hiring an experienced private practice DUI Attorney can mean the difference between getting a Mesa DUI conviction or total dismissal of your Mesa DUI charges.

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 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 Mesa Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Mesa DUI Lawyer " »

August 5, 2010

If you were arrested in Arizona, received criminal charges in Arizona, you will need an Arizona Criminal Lawyer to defend you. This is true, even if you live out of state and were simply driving through or visiting when you cited or arrested. If you live out of state and you wish to hire an Attorney in your home state, be sure they are licensed to practice criminal defense in Arizona. If so, you will want to make sure they keep up on the constantly changing criminal and DUI laws, statutes and case law in Arizona. Your best chances of getting a good outcome will be to hire an attorney who resides and is licensed to practice criminal defense and DUI defense in Arizona. Even better, is make sure it is someone who defends clients daily or frequently in the Arizona Court System.

Next, there is a misconception among some that think any type of lawyer can defend their criminal charges. Perhaps they have a friend or relative or an attorney they used for a personal injury matter. That may have been the case 50 years ago, but not anymore. Arizona Criminal and DUI statutory laws are constantly changing and more criminal cases that have gone to trial and appeals have set case law authority and precedent. It is challenging enough for an Arizona Attorney who practices exclusively in criminal or DUI law to keep up. The court system and procedures are complicated and the courts dockets are overloaded. You don't want to find yourself being defended by an Attorney who is just going through the motions, and agreeing to the maximum sentence the Arizona prosecution wants to give you. You don't need anyone else to help you get convicted. Arizona and its prosecution will already be positioning case to do just that.

The criminal and DUI laws are tough in Arizona, some of the toughest in the country. You need a strong, Arizona criminal defense Attorney or Arizona DUI Lawyer. You want to choose someone who will fight for you and use every defense in their arsenal to try and get your case dismissed. You need an Arizona Criminal Attorney who knows the law, the court systems, defenses that can be used, judges, prosecution, and case law that may have an impact on your case. You want an attorney who will protect your constitutional rights. A violation of those rights may lead to grounds for dismissal of your charges. All of these factors have an impact on the outcome of your case. They can make the difference between you getting the maximum sentence following a conviction, or getting your charges totally dismissed. For criminal charges in Arizona, you need to hire an Arizona Criminal Attorney. Your future is too important to gamble with.

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. Speak directly with experienced Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Arizona Criminal Lawyer | Criminal Defense " »

August 4, 2010

How a Good Scottsdale Criminal Attorney Defends Marijuana Charges

If you face Scottsdale Marijuana (Pot) sales charges, you should consult a Marijuana lawyer or criminal defense attorney who defends Marijuana drug charges in Scottsdale, Arizona on a regular basis. If convicted, you will face serious penalties. Scottsdale Marijuana sales charges fall within the State of Arizona Criminal Code 13 guidelines for Marijuana sales, Marijuana trafficking and Marijuana Production:

Sale of Marijuana
• Under 2 lbs.: Class 4 felony;
• between 2-4 lbs.: Class 3 felony;
• over 4 lbs.: Class 2 felony: fine of the greater of $750 or 3 times value of substance;
• Sale within drug-free school zone: add 1 yr. to sentence and fine of $2000

Trafficking/Producing Marijuana
• less than 2 lbs.: Class 5 felony;
• between 2-4 lbs.: Class 4 felony;
• Over 4 lbs.: Class 3 felony;
• Transporting/importing: less than 2 lbs.: Class 3 felony; Over 2 lbs.: Class 2 felony

Arizona Criminal Code 13 describes in detail Marijuana laws under "A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification"

Penalties for Scottsdale Marijuana drug sales sentencing and convictions depend on many different factors. Some that will be considered include the following:

• Amount of Marijuana found in your possession for sale
• Your prior criminal record
• Any Prior Marijuana convictions
• The strength of the prosecution's case and evidence against you

The most serious Scottsdale Marijuana charges are in that of production, manufacturing, or sales of Marijuana in Arizona. Possession of drugs with just the "intent" to sell or distribute is a punishable crime. The Arizona prosecution will try to establish that you intended to sell or distribute by the quantity of the drug you possessed. This is a fact, whether or not you did or did not actually distribute or sell or intend to do so. A Scottsdale Arizona conviction of Marijuana sales, production, or distribution, can result in mandatory term jail or prison sentences depending on the factors above and other circumstances surrounding your charges. If you are convicted of Scottsdale felony drug possession, trafficking, sales or distribution carry the most serious penalties, fines, fees, jail, prison, and other harsh penalties if convicted.

What an Experienced Scottsdale Marijuana Defense Lawyer Can Do
It is important that you contact a good Arizona Drug Defense Attorney or Marijuana lawyer or Arizona criminal defense attorney who defends Marijuana sales charges in Scottsdale Arizona on a regular basis. An experienced Scottsdale Criminal Attorney will gather all the evidence, and investigate further to build a strong defense. This is necessary to challenge the Arizona Prosecution's case against you.

Your Scottsdale criminal defense attorney will make sure your constitutional rights have not been violated. Violations of constitutional rights are common in drug sales cases, particularly in the pre-investigation state of search and seizure of the Marijuana by police. If your rights have been violated, the case may be dismissed or evidence suppressed. A Scottsdale criminal defense attorney will make sure you are treated fairly, and do everything possible to get your charges dismissed in any event.

A good criminal defense attorney who handles Scottsdale drug sales cases regularly will understand the laws surrounding your offense; case law that may exist to support a favor verdict for your case; the appropriate defenses that can be used to defend your case; and familiarity with the courts system, judges and prosecution. Your Mesa criminal defense attorney will use of these factors to your advantage in an effort to attempt to get your charges dismissed, evidence suppressed, or a reduction in charges and sentencing. Hiring a criminal attorney who defends drug cases in Scottsdale will significantly increase your chances of securing a good outcome in your Marijuana Drug defense case.

If you have been charged with any Scottsdale 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 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 Scottsdale Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "MARIJUANA LAWYER " »

August 3, 2010

How Good Gilbert Criminal Attorneys Defend Marijuana Sales Charges

If you face Gilbert Marijuana (Pot) sales charges, you should consult a Marijuana lawyer or criminal defense attorney who defends Marijuana drug charges in Gilbert, Arizona on a regular basis. If convicted, you will face serious penalties. Gilbert Marijuana sales charges fall within the State of Arizona Criminal Code 13 classification, penalties, and sentencing guidelines for Marijuana sales, Marijuana trafficking and Marijuana Production:

Sale of Marijuana
• Under 2 lbs.: Class 4 felony;
• between 2-4 lbs.: Class 3 felony;
• over 4 lbs.: Class 2 felony: fine of the greater of $750 or 3 times value of substance;
• Sale within drug-free school zone: add 1 yr. to sentence and fine of $2000

Trafficking/Producing Marijuana
• less than 2 lbs.: Class 5 felony;
• between 2-4 lbs.: Class 4 felony;
• Over 4 lbs.: Class 3 felony;
• Transporting/importing: less than 2 lbs.: Class 3 felony; Over 2 lbs.: Class 2 felony

Arizona Criminal Code 13 comprehensively outlines Marijuana laws in "A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification"

Penalties for Gilbert Marijuana drug offense convictions depend on many factors. Some factors that will be considered include but are not limited to the following:

• Amount of Marijuana found in your possession for sale
• Your prior criminal record
• Any Prior Marijuana convictions
• The strength of the prosecution's case and evidence against you

The most serious Marijuana crimes in Gilbert are in that of production, manufacturing, or sales of Marijuana in Arizona. Possession of drugs with "intent" to sell or distribute them is also a serious crime. The Arizona prosecution will try to establish that you intended to sell or distribute by the quantity of the drug you possessed. This is a fact, whether or not you did or did not actually distribute or sell or intend to do so. A Gilbert Arizona conviction of Marijuana sales, production, or distribution, can result in mandatory term jail or prison sentences depending on the factors above and other circumstances surrounding your charges. If you are convicted of Gilbert felony drug possession, trafficking, sales or distribution carry the most serious penalties, fines, fees, jail, prison, and other harsh penalties if convicted.

What an Experienced Gilbert Marijuana Defense Lawyer Can Do
It is important that you contact a private Arizona Drug Defense Attorney or Marijuana lawyer who defends these types of charges in Gilbert on a regular basis. A good Gilbert Criminal Attorney will gather all the evidence, and investigate further to build a strong defense. This is necessary to challenge the Arizona Prosecutor's case against you.

Your Gilbert criminal attorney will make sure your constitutional rights have not been violated. Violations of constitutional rights are common in drug sales cases, particularly in the pre-investigation state of search and seizure of the Marijuana by police. If your rights have been violated, the case may be dismissed or evidence suppressed. A Gilbert criminal defense attorney will make sure you are treated fairly, and do everything possible to get your charges dismissed in any event.

A proven criminal defense attorney who handles Gilbert drug sales cases on a regular basis will understand the laws surrounding your offense; case law that may exist to support a favor verdict for your case; the appropriate defenses that can be used to defend your case; and familiarity with the courts system, judges and prosecution. Your Mesa criminal defense attorney will use of these factors to your advantage in an effort to attempt to get your charges dismissed, evidence suppressed, or a reduction in charges and sentencing. Hiring a criminal attorney who defends drug cases on a regular basis in Gilbert Arizona will significantly increase your chances of getting a good outcome in your case.

If you have been charged with any Gilbert 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 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 Gilbert Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "MARIJUANA LAWYER " »

August 2, 2010

Defending Tempe Felony DUI Charges

"The Best Possible Defense against Felony DUI or Aggravated DUI Charges is A Good Tempe DUI Lawyer"

If you have been arrested in Tempe Arizona for a Felony DUI, it did not take long for you to find out, how serious the charges are. Arizona DUI laws are extremely tough on Felony DUI offenses also known as Aggravated DUI charges. A conviction will result in very serious adverse impacts that can last a life-time. In order to protect your future and your freedom it is necessary to consult and hire a Tempe DUI attorney with a successful track record of defending and litigating Tempe DUI charges.

The best possible defense against Felony DUI or Aggravated DUI Charges is a Good Tempe DUI Lawyer. The DUI Attorney you choose must a clear understanding of all the defenses that are available under the law to build and mount an effective defense on your behalf. With the right Attorney, under the right circumstances, you may be able to get your charges dismissed completely or in the alternative reduced to lesser charges with lesser penalties. There are many defenses that can be used, and evidentiary issues issues that can be challenged. Many of these defenses are cited and listed in detail with discussion in the Winning Defense Strategies Book Series "#1 Arizona DUI Defense" and "101 DUI Defense Strategies" Books, written by a successful and experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Abridged versions of all three books can be downloaded free of charge and no obligation to purchase or hire, just free information at www.arizonacriminaldefenselawyer.com.

Below are examples of just a few categories of defenses that can be used to suppress
Evidence, and used to negotiate with prosecutors to get charges lowered or dismissed completely:

• No Probable cause for arrest
• No Reasonable suspicion for the traffic stop
• Invalid or unreliable field sobriety tests used
• The Officer was not properly certified to conduct lab or other toxicology test
• Mishandling of evidence
• Errors in blood alcohol testing
• Lack of maintenance or records on breathalyzer machine used to read your BAC
• Inadmissible evidence used
• Improper search or seizure conducted
• Violations of your Constitutional Rights in the arrest process or other phases

There is too much at stake to just take a Felony DUI conviction. Although that is what the State and prosecution would want you to do. It makes their job easier when you go unrepresented by a good private practice Tempe DUI Attorney. They are not the ones who must live with the consequences of such conviction. They don't care who you are, or how it will effect you. They just want the conviction. You must have a strong Tempe criminal defense or Tempe DUI Attorney in your corner that knows exactly what needs to be done to protect you and that will draw from their years of experience and litigation, training, education and knowledge of the law, and court protocol to defend you.

Tempe Felony DUI convictions have higher penalties, increased incarceration of that may include 4 months or more in Tempe prison. Additional penalties include:

• Driver's License revocation
• Probation Term
• Mandatory Ignition Interlock device installed at your expense
• Drug/alcohol Counseling or treatment program
• High costs and fees
• Restitution if applicable
• Whatever else the Court deems appropriate

The punishments for any Arizona Felony DUI charge is so severe that some people just give up all hope. But you can give yourself a fighting chance by getting a dedicated defense attorney to provide you with a strong defense. Most good Tempe DUI Lawyers will provide you with a free consultation to discuss your case. Make you will be talking directly with an Attorney and not a sales or administrative staff assistant from the Firm you are interested in hiring. They will be able to give you the guidance and direction you need to make the tough choice ahead of you that is to hire a good DUI attorney and fight for your freedom or be prepared to get the maximum penalty under Arizona Law for an Arizona Felony DUI. A good Tempe DUI Attorney will use every means available to make sure you get the best outcome possible on your case.

If you have been charged with any Tempe 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 Tempe DUI, Tempe 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 Scottsdale, Tempe criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Tempe Felony DUI Attorney " »

August 1, 2010

Mesa DUI Attorney Who Can Fight Your Mesa Felony DUI Charges

"Your Best Offense against a Felony DUI Conviction is to hire a good DUI Lawyer who is dedicated, experienced and knows what defenses to use to fight your Mesa DUI Felony Charges."

If you were arrested for a Mesa Felony DUI you will need to contact a DUI Attorney with a great deal of experience in defending Mesa DUI charges. Arizona Felony DUI charges are very serious offenses. Mesa Police and Prosecution want convictions. Felony DUI charges are also known as "Aggravated DUI charges". Felony DUI convictions will result in serious punishments with adverse affects on your life that will follow you for years into the future. Mesa Felony DUI convictions have more sever punishments than Misdemeanor DUI. Sentencing for a Felony DUI or Aggravated DUI in Mesa can include up to 4 months or more in prison, on top of other increased penalties such as fines fees, restitution, loss of driver's license, mandatory Ignition Interlock device, probation and whatever the court feels is appropriate based on your circumstances.
Your Best Offense against a Felony DUI Conviction is to hire a good DUI Lawyer who is dedicated, experienced and knows what defenses to use to fight your Mesa DUI Felony Charges. Your Arizona DUI Attorney must have a vast of amount of criminal defense and DUI litigation experience, special training, and education, and the ability to use all possible defenses available under by Arizona law to build and mount a successful defense against the prosecution's Mesa Felony DUI charges against you. With a good Mesa DUI Attorney, you may be able to get your charges dismissed completely, reduced to lesser charges and sentencing, or suppression of evidence they plan to use in an attempt to convict you of a Mesa Felony DUI or Mesa Aggravated DUI. It requires good legal representation by an experienced Maricopa County DUI Attorney who is familiar and practices regularly in Gilbert, Arizona DUI Courts.

There are many defenses that can be used, and evidentiary issues that can be challenged in a Mesa Felony DUI case, depending on your circumstances. Many of these defenses are cited in detail in the Winning Defense Strategies Book Series ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies"© written by successful and proven DUI Defense Attorney, and Author James Novak. Abridged versions of his Arizona winning defense strategies series of books can be downloaded free of charge to the public simply by visiting www.arizonacriminaldefenselawyer.com. Your Arizona DUI defenses and your constitutional rights should be no "secret". A successful defense requires the right attorney, hard work, dedication, knowledge and experience. You deserve no less in an Arizona DUI Attorney to defend you.

There is a big difference between knowing your defenses. and knowing how to utilize them through the proper legal channels and court to challenge evidence and charges. A good Mesa DUI Lawyer knows exactly what to do and how to do it. Many people make the mistake of trying to represent them selves without hiring an attorney. This can be very dangerous. You may be innocently think that what you are saying or doing is helping your case, when in fact you may be incriminating yourself and helping the prosecution's case further. You have the right to remain silent, use it. Let a good DUI Attorney who defends DUI charges in Mesa Courts on a regular basis, knows the court procedures, guidelines, when and our to negotiate and make a defensive move on your behalf to best defend you.

Below are examples of defenses that can often be subject of consideration by your DUI Attorney to be used to negotiate a complete dismissal, of the Mesa Felony DUI charges, reduction in sentencing or suppression of evidence:
• There was no "Reasonable Suspicion" to justify the stop by police.
• There was no "Probable cause" to arrest you. ("Probable Cause" to arrest is a higher standard than a "Reasonable Suspicion" to stop).
• Validity or reliability of the field sobriety tests is questionable.
• The officer's credentials, certifications or competence is in question.
• Evidence was mishandled during obtaining, storage or transportation.
• The results of multiple tests are too far apart and raise questions as to validity and accuracy.
• Too much time went by before the Portable Breath Test (PBT or preliminary breath test), and official breath with the test was conducted.
• The arrest was made simply due to the results of the PBT which is not calibrated, properly maintained, or considered official.
• The environmental or landscaping conditions which existed during the field sobriety tests did not meet the required standards for accurate test results to be obtained.
• You had a medical condition which prohibited you from performing the field sobriety tests putting you at a disadvantage.
• You had a digestive medical condition which caused the breath tests to be inaccurate.
• Unapproved or unreliable field testing methods were performed.
• Lack of maintenance or records on breathalyzer machine used to read your BAC
• Inadmissible evidence used
• Expired dates or improper storage of drug kits were used which compromised the accuracy of test results. .
• Improper search and seizure of you or your vehicle was conducted.
• Other Violations of your State or Federal Constitutional Rights exist.

Defenses such as these and many more need to be pursued and your case presented by an experienced, specially trained, and proven Criminal Defense Attorney or Mesa DUI Attorney who knows exactly what needs to be done and how to use such defenses in your favor. With an experienced, dedicated Felony DUI Lawyer, your chances of getting a good outcome on your case drastically increase.

If you have been charged with any Mesa 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 Mesa DUI, Mesa Drug DUI, or any other criminal charge including theft, assaults, 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 Mesa criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "Mesa DUI Lawyer " »