September 2010 Archives

September 30, 2010

Drug Possession Charges in Phoenix, AZ

"...how some of the best criminal Attorneys in Phoenix, AZ, will use Arizona drug laws in your favor."

AZ Drug Laws are tough and complex. If you were arrested in Phoenix, AZ for drug possession or charged with drug possession in Phoenix, you should consult a criminal Attorney who frequently defends drug charges in Phoenix court as soon as possible. The severity of a drug possession charge depends largely on the amount found in your possession. Additionally, the quantity found, is a substantial factor for the Phoenix police or other law enforcement officials to determine if the Phoenix AZ drug charges will be elevated to possession drug sales or possession with intent to sell or distribute drugs. Convictions for drug sales or drug distribution are or possession with intent to sell is far even more serious.

Whether your arrest or charges were in Tempe AZ, Phoenix AZ, Chandler, AZ, Scottsdale AZ, Gilbert AZ, Mesa, AZ or any city within Maricopa County or other Counties in Arizona makes no difference, all jurisdictions within Arizona will be subject to Arizona State Laws. The definitions, classifications and penalties are comprehensively outlined in the following criminal code: Arizona Revised Statutes: "A.R.S. 13 Chapter 34 DRUG OFFENSES 13-3401...13-3461".

Arizona Drug Classifications
Below are the three main types, of drugs that Arizona uses to classify drugs. Note: These examples of these three types of drugs are not all inclusive:

1. Dangerous drugs: LSD, ecstasy, methamphetamines, steroids, hallucinogenic mushrooms, clonazepam, lorazepam

2. Narcotics: cocaine, heroin, opium, morphine, oxycodone

3. Marijuana: Also known as pot, weed, cannabis

Currently, Marijuana charges are the most common criminal offenses in Arizona.

Arizona Drug Defenses
The fact that you were arrested for drug possession or face drug possession charges does not make you automatically guilty. There are many defenses that can be used by a good Arizona Criminal Defense Attorney or Drug defense, who will attempt to get your charges dismissed, reduced, or the otherwise best possible outcome in your case.

Here is one way some of the best Arizona Criminal Attorneys will use the Arizona drug laws in your favor: Arizona laws require the element of "knowledge", and whether or not you "knowingly" possessed a drug. This factor must be proven, in order for the prosecution and court to convict you of Arizona Drug Charges. This law is referenced in Arizona State Drug Law: "A.R.S. Title 13 Chapter 34 "13-3405. Possession, use, production, sale or transportation of marijuana; classification

A. A person shall not knowingly: (emphasis added)

1. Possess or use marijuana..." (Cited in part from azleg.state.az.us)

A good criminal attorney in Arizona who defends charges in Phoenix, AZ, may be able to obtained facts or evidence which shines light to the fact that you were not knowingly in possession of the drug that police found. Perhaps it was found in a car that you were driving and had borrowed from a friend, and you had no idea the drugs were there. In this scenario that factor could lead to a dismissal of the Phoenix drug charges.

Examples of a few other defenses include violation of your constitutional rights, challenge of the amount alleged to be found in your possession; entrapment issues; challenge of whether or not there was actually "probable cause for arrest"; challenge of whether or not the police followed required protocol and procedures of your arrest, handling and storage of evidence. But there are many more defenses that may apply. The defenses that a good private practice criminal lawyer in Phoenix Arizona will use are based on your particular set of circumstances that surround your Phoenix drug arrest.

Arizona Drug Possession Attorney -Criminal Defense
It is a priority for you to consult and hire the best Arizona drug defense attorney possible who has many years of experience and litigation in AZ Drug defense, and criminal defense in Phoenix, AZ. You will need a skilled Arizona criminal lawyer who will develop a strong defense against your drug charges and prosecution's case against you.

The attorney you choose should be assertive and proactive. They will need to conduct their own independent investigation to determine what defenses will be used, if your rights were violated, (this is common in situations of drug search and seizure), if police conduct was lawful, and examine all aspects of your case. If police conduct was illegal, your case should be dismissed or evidence obtained unlawfully suppressed (not used against you). If a total dismissal of the charges can not be achieved, a good AZ criminal attorney will work to negotiate a lower charge by contesting the amount of the controlled substance cited, and present the most compelling arguments possible, that will effectively lead to securing reduced charges, and get the best possible outcome in your case...

If you have been charged with any AZ drug charges including but not limited to drug possession, sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, or any other drug charges, in Maricopa County, you should contact the Law Office of James Novak and speak Directly with experienced drug defense Attorney James Novak at (480) 413-1499. For more criminal defense help and information visit http://www.arizonacriminaldefenselawyer.com

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix AZ, Tempe AZ, Scottsdale AZ, Chandler AZ, Gilbert AZ, Mesa AZ and other cities within Maricopa County Arizona valley-wide.

September 29, 2010

Drug Possession Charges in Arizona

AZ Drug Laws are tough and complex. If you face an Arizona drug possession arrest or charges, you should consult a criminal Attorney who frequently defends drug charges as soon as possible. The severity of a drug possession charge depends largely on the amount found in your possession. Additionally, the quantity found, is a substantial factor for the AZ police or law enforcement official to determine if the AZ drug charges will be elevated to possession with intent to sell or distribute drugs for which charges and penalties are even more serious.

Whether your arrest or charges were in Tempe AZ, Phoenix AZ, Chandler, AZ, Scottsdale AZ, Gilbert AZ, Mesa, AZ or any city within Maricopa County or other Counties in Arizona makes no difference. Every city in Arizona falls to the rule of law Arizona State Laws. The definitions, classifications and penalties are comprehensively outlined in the following criminal code: Arizona Revised Statutes: "A.R.S. 13 Chapter 34 DRUG OFFENSES 13-3401...13-3461".

Arizona Drug Classifications
Arizona classifies its drugs in a pretty basic way. Below are the three main types, and examples. Note: These examples are not all inclusive:

1. Dangerous drugs: LSD, ecstasy, methamphetamines, steroids, hallucinogenic mushrooms, clonazepam, lorazepam

2. Narcotics: cocaine, heroin, opium, morphine, oxycodone

3. Marijuana: Also known as pot, weed, cannabis

Currently, Marijuana charges are the most common criminal offenses in Arizona.

Arizona Drug Defenses
The fact that a drug was found in your possession and you were arrested for Arizona Drug possession does not mean you will automatically convicted of that crime. There are many defenses that can be used by a good Arizona Criminal Defense Attorney or Drug defense, to work to get your charges dismissed, reduced, or a good outcome in your case.

Some of the best Arizona Criminal Attorneys know how to use the Arizona drug laws in your favor. For example, "knowledge", and whether or not you "knowingly" possessed a drug is a factor that needs to exist in order for the prosecution and court to convict you of Arizona Drug Charges.

This law is referenced in Arizona State Drug Law: "A.R.S. Title 13 Chapter 34 "13-3405. Possession, use, production, sale or transportation of marijuana; classification

A. A person shall not knowingly: (emphasis added)

1. Possess or use marijuana..." (Cited in part from azleg.state.az.us)

A good criminal defense attorney in Arizona or AZ drug defense attorney may be able to obtained facts or evidence which gives light to the fact that you were not knowingly in possession of the drug that police found. This factor could very well lead to a dismissal of your Arizona drug charges.

Examples of a few other defenses include violation of your constitutional rights, challenge of the amount alleged to be found in your possession; entrapment issues; challenge of whether or not there was actually "probable cause for arrest"; challenge of whether or not the police followed required protocol and procedures of your arrest, handling and storage of evidence, and more. The defenses that a good private practice criminal defense attorney in Arizona will use are based on the particular set of circumstances surrounding your AZ drug charges or drug arrest in Arizona.

Arizona Drug Possession Attorney - Criminal Defense
It is a priority for you to consult and hire the best Arizona drug defense attorney possible with many years of experience and litigation in AZ Drug defense, and AZ criminal defense. You will need a skilled Arizona defense lawyer who will develop a solid defense against your drug charges. Regardless of the severity, it is crucial that you contact an Arizona criminal defense attorney or AZ drug possession attorney with a vast amount of experience in defending drug Charges in Arizona.

The attorney you choose will need to be assertive and proactive. They will need to conduct an independent investigation to determine your rights were violated, particularly with regard to search and seizure. If police conduct was illegal, your case should be dismissed or evidence obtained unlawfully suppressed (not used against you). If the case cannot be dismissed, a good AZ criminal attorney will work to negotiate a lower charge by contesting the amount of the controlled substance cited, and present the most compelling arguments possible, that will effectively lead to securing reduced charges, or a total dismissal of your drug possession charges.

If you have been charged with any AZ drug charges including but not limited to drug possession, sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, or any other drug charges, in Maricopa County, you should contact the Law Office of James Novak and speak Directly with experienced drug defense Attorney James Novak at (480) 413-1499.
For more criminal defense help and information visit http://www.arizonacriminaldefenselawyer.com

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix AZ, Tempe AZ, Scottsdale AZ, Chandler AZ, Gilbert AZ, Mesa AZ and other cities within Maricopa County Arizona valley-wide.

September 28, 2010

Arizona DUI Attorney

"First remember that an Arizona DUI charge is not a conviction. You have the right to fight your DUI. With a good DUI Lawyer in Arizona you can fight to get your charges, and challenge the evidence to try to get your case dismissed, charges reduced, or otherwise a better outcome in your case, than if you go unrepresented".

Arizona DUI laws and Arizona DUI Penalties are some of the most strict and severe in the United States. Even first time Arizona misdemeanor DUI convictions carry harsh punishments. Arizona Felony DUI convictions are so severe, that they adversely impact the rest of your life. The Arizona State Laws apply to Arizona DUI charges, no matter if your case is in Tempe AZ, Phoenix AZ, Gilbert AZ, Mesa AZ, Chandler AZ, Scottsdale AZ, Maricopa County or any other jurisdictions in Arizona.

If you were arrested in Arizona for DUI, the first thing you should do is consult an Arizo1na DUI Attorney as soon as possible. Most of the Best criminal attorneys and DUI lawyers in Arizona provide free consultations to discuss your charges, the processes and your options for your DUI defense. An experienced Arizona DUI attorney will do everything possible in an attempt to get your Arizona DUI charges dismissed, reduced, or in the alternative the best outcome in your case.

Arizona DUI Penalties
A DUI conviction of any kind can have such negative impacts on your life as loss of job or future job opportunities, loss of driver's license, costly fines and fees, mandatory incarceration in jail or prison, court ordered ignition interlock devices to be installed in your vehicle at your expense, counseling, and whatever the Court deems necessary and appropriate for your situation. The factors considered in sentencing include but are not limited to

• Type of DUI misdemeanor or felony
• First Time v. Repeat Offense
• Prior Criminal history
• Aggravating Factors
• Level of Blood Alcohol Content (BAC) found to be in your system
• Amount of Drug or Substance found to be in your system
• Other criminal offenses committed at the same time as the DUI

What Happens after an Arizona DUI Arrest
In general what follows an Arizona DUI arrest will include events that will best be served and give you the best chance at a good outcome by retaining a good Arizona criminal defense attorney or Arizona DUI lawyer. The main events include but are not limited to the following:

1) Motor Vehicle Hearing
2) Arraignment
3) Pre-trial Conference
4) Suppression or Evidentiary Hearing
5) Trial if needed (In Maricopa County only about 2% to 3% of DUI cases ever
go to trial)
6) Sentencing

Arizona DUI Defenses
First remember that an Arizona DUI charge is not a conviction. You have the right to fight your DUI. With a good DUI Lawyer in Arizona you can fight to get your charges, and challenge the evidence to try to get your case dismissed, charges reduced, or otherwise a better outcome in your case, than if you go unrepresented.

There are many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the "Arizona Winning Defense Strategies" ©" and "101 DUI Defense Strategies"© Books, written by a experienced DUI Defense Attorney and Arizona DUI defenses Author, James Novak, whose law firm is 100% devoted to defending DUI and criminal charges in Maricopa County. Abridged versions of all three books can be downloaded free of charge at www.arizonacriminaldefenselawyer.com.

The defense strategy that to be tailored and built by a qualified Arizona DUI Attorney will be based largely on the circumstances, details, and evidence surrounding your Arizona DUI charges. It must then be presented with compelling arguments by your AZ DUI defense lawyer in the most effective way possible through the proper legal channels.

Arizona DUI Attorney
You have too much to lose not to hire a good DUI Attorney in Arizona to represent you and fight your Arizona DUI charges. Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney are slim to none. The Arizona court systems are a maze of strict rules, guidelines, and protocols it must follow. You will need a strong Attorney an experienced criminal defense attorney or DUI lawyer who regularly defends Arizona DUI charges.

A good Arizona DUI Lawyer will investigate, examine all evidence, build a strong defense tailored to the circumstances surrounding our Arizona DUI, present compelling arguments, challenge the prosecutions evidence if appropriate, interview or depose the police officer who made the arrest if appropriate, retest the blood sample taken if applicable, investigate and evaluate calibration and repair history on the Breathalyzer machine used, determine if any of your constitutional rights were violated attend Motor Vehicle Hearings, Arraignment, Pre-trial Conferences, Suppression or Evidentiary Hearings, defend you at trial if necessary, make sure you are treated fairly. In summary, the best Arizona DUI attorneys do everything possible to get your Arizona DUI charges dismissed, reduced, or the best alternative outcome in your case.

If you have been charged with any Arizona DUI, Extreme DUI, Super extreme DUI, Accident DUI, Second DUI, Third DUI (or more), Drug DUI, Medication DUI, Prescription medication 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).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Scottsdale, Mesa, Gilbert, Chandler, Tempe or surrounding cities within Maricopa county, Arizona valley-wide.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

September 27, 2010

Drug Laws Gilbert, AZ

"How some of the best criminal Attorneys in Gilbert, AZ, will use Arizona drug laws in your favor."

AZ Drug Laws are tough and complex. If were arrested in Gilbert AZ or face drug possession charges in Gilbert, AZ you should consult a criminal defense Attorney who frequently defends drug charges in Gilbert court as soon as possible. Most of the best criminal attorneys will provide you with a free consultation. Regarding your drug possession charges, you will get information concerning your rights, drug laws, and drug penalties if convicted. In the least you will gain piece of mind and options concerning your next steps.

Here are some basics concerning drug possession charges in Gilbert, AZ. The severity of a drug possession charge depends largely on the amount of a substance found in your possession. Additionally, the quantity found, is a substantial factor for the Gilbert police or to decide the Gilbert AZ drug charges will be elevated to possession drug sales or possession with intent to sell or distribute drugs. Simple 0possession for use charges can be serious. However, drug sales, drug distribution, drug possession with intent to sell, drug manufacturing, drug cultivation, and drug trafficking in Gilbert AZ are always far more serious.

Arizona Drug Defenses
The fact that you were arrested for drug possession or face drug possession charges in Gilbert AZ, does not automatically mean you are "guilty and be convicted of that crime. many drug defenses exist and can be effectively utilized by a good Arizona Criminal Defense Attorney or Drug defense lawyer, who will work to get your charges dismissed, reduced, or the otherwise best possible outcome in your case.

Here is one way some of the best Arizona Criminal Attorneys will use the Arizona drug laws in your favor to defend your charges: Arizona laws require the element of "knowledge", and whether or not you "knowingly" possessed a drug. This factor must be proven, in order for the prosecution and court to convict you of Arizona Drug Charges. This law is referenced in Arizona State Drug Law: "A.R.S. Title 13 Chapter 34 "13-3405. Possession, use, production, sale or transportation of marijuana; classification

A. A person shall not knowingly: (emphasis added)

1. Possess or use marijuana..." (Cited in part from azleg.state.az.us)

A good criminal attorney in Arizona who defends charges in Gilbert, AZ, may be able to obtained facts or evidence which shines light to the fact that you were not knowingly in possession of the drug that police found. Perhaps it was found in a car that you were driving and had borrowed from a friend, and you had no idea the drugs were there. In this scenario that factor could lead to a dismissal of the Gilbert drug charges.

Whether your arrest or charges were in Tempe AZ, Gilbert AZ, Chandler, AZ, Scottsdale AZ, Phoenix AZ, Mesa AZ or any city within Maricopa County or other Counties in Arizona makes no difference, all jurisdictions within Arizona will be subject to Arizona State Laws. The definitions, classifications and penalties are comprehensively outlined in the following criminal code: Arizona Revised Statutes: "A.R.S. 13 Chapter 34 DRUG OFFENSES 13-3401...13-3461".

Arizona Drug Classifications
Below are the three main types, of drugs that Arizona uses to classify drugs. Note: These examples of these three types of drugs are not all inclusive:

1. Dangerous drugs: LSD, ecstasy, methamphetamines, steroids, hallucinogenic mushrooms, clonazepam, lorazepam

2. Narcotics: cocaine, heroin, opium, morphine, oxycodone

3. Marijuana: Also known as pot, weed, cannabis

Currently, Marijuana charges are the most common criminal offenses in Arizona.

Drug Possession Attorney - Gilbert Criminal Defense
Your best chance of getting your charges dismissed, reduced or the best possible outcome in your case is to hire a good private practice criminal defense or drug defense attorney. You want to make sure they have many years of experience and litigation in AZ Drug defense, and criminal defense in Gilbert, AZ. You will need a skilled and experienced Arizona criminal lawyer who defends drug possession charges frequently in Gilbert AZ and can develop a strong defense on your behalf.

The attorney you choose should be assertive, proactive, effective, and familiar with the many drug possession defenses that can be used. Top criminal defense attorneys who defend cases in Gilbert AZ will usually conduct their own investigation. They will decide what the best defense strategy will be used given your set of circumstances. The will evaluate to determine if your rights were violated, which is common in situations of drug search and seizure, if police conduct was lawful, and examine all aspects of your case. If police conduct was illegal, your case should be dismissed or evidence obtained unlawfully suppressed (not used against you). If a total dismissal of the charges can not be achieved, a good AZ criminal attorney will work to negotiate a lower charge by contesting the amount of the controlled substance cited, and present the most compelling arguments possible, that will effectively lead to securing reduced charges, and get the best possible outcome in your case.

If you have been charged with any AZ drug charges including but not limited to drug possession, sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, or any other drug charges, in Maricopa County, you should contact the Law Office of James Novak and speak Directly with experienced drug defense Attorney James Novak at (480) 413-1499. For more criminal defense help and information visit http://www.arizonacriminaldefenselawyer.com

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix AZ, Tempe AZ, Scottsdale AZ, Chandler AZ, Gilbert AZ, Mesa AZ and other cities within Maricopa County Arizona valley-wide.

September 26, 2010

Scottsdale DUI Defense Lawyer

In Arizona, Scottsdale DUI Convictions Means Jail or Prison Time

Scottsdale 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, depending on the severity, circumstances and classification of the Scottsdale DUI charges. Even though 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 Scottsdale 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 Scottsdale 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 Scottsdale 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 Scottsdale DUI charges Scottsdale 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 who have been arrested for DUI have 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 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 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 Scottsdale Court and Scottsdale Prosecutor will not help you to defend your case. To the contrary, they want a DUI conviction. Their job is to get Scottsdale DUI convictions, not to help the defendant. A word of caution, if you decide to go at it alone (not recommended): Basically, your side of the story will be disregarded or mute. In fact, without Arizona DUI legal representation and guidance by an Arizona DUI Lawyer or Criminal Defense Attorney who defends DUI charges frequently in Scottsdale Court, you may unknowingly be incriminating yourself further. The Scottsdale Prosecution and Scottsdale 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 Scottsdale AZ DUI Attorney defending you in Scottsdale Court for your DUI, will be familiar with protocol, 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 Scottsdale Prosecution. They will be your voice of legal defense reason, and mount a strong defense on your behalf. A good Scottsdale 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 Scottsdale 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 Scottsdale DUI, Scottsdale 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 Scottsdale criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Mesa, Scottsdale, Phoenix, Chandler, Gilbert, Chandler, Queen Creek, Tempe and surrounding areas valley-wide in Maricopa County Arizona.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

September 25, 2010

Why a Chandler DUI Lawyer Who Fights Chandler Felony DUI Charges Regularly Should Defend You

"Your Best Offense against a Felony DUI Conviction is a good Chandler DUI Lawyer who knows what defenses to use to fight for a dismissal of Your Chandler DUI Felony Charges."

If you were charged with a Chandler Felony DUI, you will need to consult a DUI Attorney with proven success in defending Chandler DUI cases. The State of Arizona and Chandler take Felony DUI charges very seriously. They aggressively pursue convictions and they will work hard to get them. The last thing they want to do is help you and your defense. You must fight fire with fire. You will need an experienced DUI Attorney who regularly defends clients in the Scottsdale Courts to fight just as diligently to defend you, and your rights, and pursue a dismissal of your Chandler Felony DUI charges. Without a good Scottsdale DUI Attorney, Arizona criminal Defense lawyer, or Maricopa DUI defense lawyer, you are at a dangerous disadvantage, and your chances of getting a dismissal, or any reduction in charges are slim to none.

Felony DUI charges are also called interchangeably "Aggravated DUI charges". Felony DUI convictions have much more serious sentencing and adverse impacts that can follow you the rest of your life. Chandler Felony DUI or Aggravated DUI convictions carry sentences that can include up to 4 months or more in prison, exorbitant fines, fees, restitution, loss of your driver's license, mandatory Ignition Interlock device, counseling, mandatory treatment programs, probation, and whatever else the court feels is necessary.

Your Best Offense against a Felony DUI Conviction is a good Chandler DUI Lawyer who knows what defenses to use to fight for a dismissal of your Chandler DUI Felony Charges. Your Maricopa County Arizona DUI or Scottsdale criminal defense Attorney must have a vast of amount of criminal defense and DUI litigation experience, special training, education, and the ability to use all possible defenses under by Arizona law to build and mount an effective defense case against the Chandler Felony DUI prosecution. With a good Chandler or Arizona Chandler DUI Lawyer you may even be able to get your charges dismissed completely, reduced from a Felony to a Misdemeanor or something as small as a civil traffic citation. It does not happen every time, but it happens in many cases. It requires aggressive and experienced legal representation by a proven and dedicated Maricopa County DUI Attorney, Chandler Felony DUI attorney, or Arizona criminal defense attorney who defends cases regularly in Chandler courts and Maricopa County Courts throughout Arizona.

There are many defenses that can be used, and evidentiary issues that can be challenged in your Chandler Felony DUI charges, based upon your set of circumstances. Many of these such 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 offense of a good attorney, who is dedicated to defending each and every client, work hard, and have a vast amount of knowledge and experience. You deserve no less in an Arizona DUI Attorney to defend you.

There is a big difference between knowing your rights and defenses, and actively utilizing those defenses and standing behind your constitutional rights. It must be done in the proper way, through the proper legal channels and court system. Otherwise they are of no use to you. A good Chandler DUI Lawyer knows exactly what to do and how to do it. Unfortunately many people make the mistake of trying to represent them selves without hiring an attorney. This is a very dangerous thing to do. A person may have all the best intentions and say or do something they think is helping their case. But in fact, they find out, they only incriminated themselves further and helped make the prosecutions case stronger. You have the right to remain silent---use it. Let your Private Practice DUI Attorney or Arizona criminal defense lawyer who defends Felony DUI charges in Chandler Courts on a regular basis do this on your behalf. They will be the wall between you and the prosecution. They will know what to do, when, and how to do it, and is act and speak in your defense on your behalf. 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 Chandler 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 Chandler DUI, 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 Chandler criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Chandler, Mesa, Gilbert, and surrounding areas valley-wide in Maricopa County Arizona.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

September 24, 2010

What a good Arizona DUI Lawyer Who Defends Arizona Felony DUI Charges will do to Defend You.

"Your Best Defense against a Felony DUI Conviction is a good Arizona DUI Lawyer who knows what defenses to use to fight your Arizona DUI Felony Charges."

If you were charged with an Arizona Felony DUI, you will need to consult a DUI Attorney with proven success in defending Arizona DUI cases. The State of Arizona is tough on any kind of DUI, and especially Felony DUI charges. They aggressively pursue convictions and work closely with law enforcement officials and prosecution to get them. The last thing they want to do is help you and your defense. They don't care who you are or how such severe charges would impact your life and future. You should consult an experienced Arizona DUI Attorney who regularly defends Arizona Felony DUI charges. Without a good Arizona criminal Defense lawyer, or Maricopa DUI Attorney, you are at a dangerous disadvantage. Without a good Arizona DUI lawyer, your chances of getting a dismissal, or any reduction in charges are slim to none.

Aggravated DUI, Felony DUI Laws in Arizona
Whether you were arrested for Felony DUI or Aggravated DUI in Phoenix AZ, Mesa AZ, Tempe AZ, Chandler AZ, Scottsdale AZ, Gilbert AZ, Maricopa County AZ or any other county or city in Arizona the rule of law falls under the authority of Arizona State Law and criminal codes in the following citation:

"A.R.S. 28-1383. Aggravated driving or actual physical control while under the influence; violation; classification; definition"

Aggravated DUI, Felony DUI Penalties in Arizona
Felony DUI charges are also known called "Aggravated DUI charges". Felony DUI convictions have much more serious punishments than a Misdemeanor DUI. Arizona Felony DUI or Aggravated DUI convictions carry some of the most severe sentences in the Country. Sentencing can include up to 4 months or more in prison, large fines and fees, restitution, loss of your driver's license, use of Ignition Interlock device on your vehicle, counseling, mandatory treatment programs, probation, and whatever else the court deems necessary. Sentencing for certain types of Aggravated DUI charges carry lengthy incarceration and prison terms.

Felony DUI Arizona Defenses | Aggravated DUI Lawyer
Your best defense against a Felony DUI Conviction is a good Arizona DUI Lawyer who knows what defenses to use to fight for a dismissal of your Arizona DUI Felony Charges. Your Maricopa County Arizona DUI or AZ criminal defense Attorney must have a vast of amount of criminal defense, DUI litigation experience, special training, education, and the ability to use all possible defenses under by Arizona law to build and mount an effective defense case against the Arizona Felony DUI prosecution. With a good Arizona or DUI Lawyer or Criminal Defense Attorney, you may even get your charges dismissed completely, reduced from a Felony to a Misdemeanor, or reduced to something as small as a civil traffic citation. It does not happen every time, but it happens often enough, that it is a big mistake not to hire a good private practice Arizona DUI Lawyer to defend you. Getting a case dismissed or charges reduced, requires dedication, aggressive and experienced legal representation by a proven and successful Maricopa County DUI Attorney, Arizona Felony DUI attorney, or Arizona criminal defense attorney.

There are many, many defenses that can be used, and evidentiary issues that can be challenged in your Arizona Felony DUI charges. Which defenses to use are based on the particular set of facts, the evidence, and circumstances surrounding your Arizona Felony DUI charges. 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 offense of a good attorney, who is dedicated to defending each and every client, work hard, and have a vast amount of knowledge and experience, and understands which defenses to use when, and under what conditions. You deserve no less, and your have the constitutional right to be defended by an Arizona DUI Attorney.

There is a big difference between knowing your rights and defenses, and actively utilizing those defenses. It must be done in the proper way, through the proper legal channels and in accordance to the maze of court protocol and procedures that are followed. Otherwise the defenses are useless to you. An experienced Arizona DUI Lawyer knows exactly what to do, when and how to do it (which motions to file, when to file them, when to negotiate with the prosecution and under what conditions). Unfortunately, many people make the dangerous mistake of trying to represent them selves without hiring an attorney. A person may have all the best intentions and say or do something they think is helping their case. But in fact, they learn later, they only incriminated themselves further and helped make the prosecutions case stronger to convict them. You have the right to remain silent---use it. Let your Private Practice DUI Attorney or Arizona criminal defense lawyer who defends Felony DUI charges in Arizona Courts on a regular basis do this on your behalf. They will be the wall between you and the prosecution. They will know what to do, when, and how to do it, and is act and speak in your defense on your behalf. With an experienced, dedicated Felony DUI Lawyer, your chances of getting a dismissal, reduction of charges or the best outcome possible will drastically increase. It's something that you can't afford to go without, if you want a second chance at freedom, and to take control of your Arizona Felony DUI.

If you have been charged with any Arizona DUI, Aggravated DUI, Extreme DUI, Second DUI, Third or more DUI charges, DUI Under age 21, Drug DUI, Aggravated DUI with child under 15 in vehicle, Felony DUI, Any Drug Charges, Drug possession charges, Drug sales, Drug Distribution, Drug Trafficking, Drug smuggling, Drug Importation, Drug Transportation, Drug Cultivation, Drug Manufacturing, Misdemeanor Drug charges, Felony Drug charges, Dangerous Drugs, Narcotics, Marijuana, or any other criminal charge including theft, assaults, aggravated assault, domestic assault, sexual assault, police assault, domestic violence, probation violations, robbery, theft, burglary, vehicular assault, weapon charges, gun charges, 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 James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Phoenix, Mesa, Tempe, Chandler, Scottsdale, AZ, and other cities surrounding areas valley-wide in Maricopa County Arizona. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

September 23, 2010

Weapon Charges - Mesa AZ Criminal Defense Lawyer

"Your Mesa AZ criminal defense attorney will be the barrier between you and the police and prosecution. A good Mesa criminal lawyer will be your voice, tell your side of the story, make sure your rights are not violated, make sure you are treated fairly".

Weapon Charges in Mesa AZ
Mesa AZ weapons charges including Gun charges are commonly charged with other criminal offenses that occurred involve a gun, weapon or other firearm. Weapon charges and gun charges can be very serious. If you were arrested or charged with any type of weapon or firearm offense in Mesa AZ you should consult an experienced AZ Criminal Defense attorney who defends weapons charges frequently in Mesa AZ court and the Mesa criminal justices system. Most of the best criminal attorneys who defend weapon charges in Mesa AZ will provide a free consultation. You can discuss your charges, potential penalties if convicted and defense options.

Mesa convictions for a felony weapon charges carry harsh sentencing, and usually include jail or prison terms. Some of the more serious crimes are classified as felonies that involve weapons for which sentencing will be more severe include but are not limited to the following:
• Unlawful Discharge of a Firearm
• Endangerment
• Aggravated Assault
• Using a Weapon in a Threatening Manner
• Felon in Possession of a Firearm
• Assault with a Deadly Weapon
• Armed Robbery or Burglary
• Possession during commission of other crimes not listed above

Some stand alone Mesa AZ weapons offenses including guns and firearms include but are not limited to the following and generally classified as Misconduct Charges:
• Prohibited possessor
• Prohibited firearms
• Illegal in possession
• Altered serial number

Mesa AZ Weapons Defined (not all inclusive)
Dangerous or deadly weapon: Any weapon designed for lethal use, including firearms. Common items such as knives and guns fall under the Arizona definitions. And depending on the circumstances, the law also includes items such as baseball bats or vehicles.

Prohibited weapons: These are weapons that are completely illegal in the state of Arizona which include but are not limited to: short barrel shot guns, grenades, rockets, bombs, poison gas, and nun-chucks.

Firearms: These are defined as any loaded or unloaded gun, pistol, rifle, shotgun, or any other device designed to expel a projectile.

Explosives: dynamite, nitroglycerine, black powder, or plastic explosives.
(Definitions paraphrased from A.R.S. www.azleg.state.az.us)

Weapon Laws, Gun Laws, Firearm Laws Mesa AZ
There are many different types of weapon charges, and situations for which weapon charges may apply. Weapon charges in Arizona are specifically are comprehensive and specifically defined and classified under the State weapons laws. Whether you were arrested for Weapon Charges in Phoenix AZ, Mesa AZ, Tempe AZ, Chandler AZ, Scottsdale AZ, Gilbert AZ, Mesa AZ, Maricopa County AZ or any other county or city in Arizona you will be subject to the rules of authority of Arizona State Law and criminal codes cited below:

"A.R.S. Chapter 31 WEAPONS AND EXPLOSIVES
13-3101 through 13-3120"
(Citations from www.azleg.state.az.us)

Weapon Charges and Gun Charges Defense Lawyer Mesa AZ
It is risky to attempt to defend yourself without a qualified criminal defense attorney in Mesa Court or through the Criminal Justice System in Mesa AZ criminal justice system or the maze of procedures and protocols of the Mesa AZ court. Due to their potentially serious nature and penalties if convicted you should consult a Mesa AZ criminal defense, weapon's charge defense attorney or attorney who defends weapon charges often in Mesa criminal justice system and Mesa courts, frequently, if you have been charged or arrested for any weapon charge. Also, without criminal defense or good legal representation in Mesa, you could potentially harm your case unknowingly by something you say or do. And it will be held against you.

Your Mesa, AZ criminal defense attorney will be the barrier between you and the police and prosecution. A good Mesa criminal defense lawyer will be your voice, tell your side of the story, make sure your rights are not violated, make sure you are treated fairly, gather and examine all the facts surrounding your case, make sure your constitutional rights have not been violated, tell your side of the story through proper legal channels, present compelling arguments in negotiations, hearings, trials, and through motions and make every effort to protect you against the harshest penalties for weapons crimes in Mesa AZ.

An experienced Mesa AZ weapon charges defense attorney will do everything possible to challenge and suppress any evidence against you, attempt to get your charges reduced, or dismissed or the otherwise best possible outcome in your case. Every weapons charge case is different and the defenses that will be used may be different. Cases and their outcomes vary greatly depending on the circumstances, strength of the prosecutions evidence and many other factors surrounding the charges.
A good criminal attorney who defends weapons charges frequently in Mesa AZ Court through the Mesa Criminal Justice System will greatly increase your chances of a getting a good outcome in your case.

If you have been charged with any Arizona DUI, Aggravated DUI, Extreme DUI, Second DUI, Third or more DUI charges, DUI Under age 21, Drug DUI, Minor Consumption DUI, DUI with child under 15 in vehicle, Felony DUI, Any Drug Charges, Drug possession charges, Drug sales, Drug Distribution, Drug Trafficking, Drug smuggling, Drug Importation, Drug Transportation, Drug Cultivation, Drug Manufacturing, Misdemeanor Drug charges, Felony Drug charges, Dangerous Drugs, Narcotics, Marijuana, or any other criminal charge including theft, assaults, aggravated assault, domestic assault, sexual assault, police assault, domestic violence, probation violations, robbery, theft, burglary, vehicular assault, weapon charges, disorderly conduct with a weapon, endangerment with a weapon, other firearm and gun charges, 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 James Novak (Former Prosecutor).

For more Arizona criminal defense and DUI defense help, free DUI defense books, and free DUI and criminal defense videos visit: http://www.arizonacriminaldefenselawyer.com

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Mesa, Phoenix, Gilbert, Tempe, Chandler, Scottsdale, AZ, and other cities surrounding areas valley-wide in Maricopa County Arizona. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

September 22, 2010

Felony Drug Sales Defense Chandler AZ,

"One thing the best Chandler AZ criminal attorneys agree upon in order for you to get the best possible outcome in your case is "early retention" of a good criminal defense attorney."

Criminal Justice | Criminal Defense, Chandler, AZ
If you were charged with drug sales or intent to sell drugs in Chandler AZ, it does not mean you are "guilty" and will be convicted of that crime offense. Drug sales are usually classified and charged as felonies. There are many defenses that can be used by a good Chandler AZ drug defense lawyer or criminal defense attorney in Arizona who defends felony drug charges frequently in Chandler Court. Top Chandler Criminal Defense Attorneys will fight to get your drug charges dropped. Based on the circumstances Attorneys may defend their cases differently. One thing the best Chandler AZ criminal attorneys agree upon in order for you to get the best possible outcome in your case is "early retention" of a good criminal defense attorney.

Below are some things experienced criminal defense attorneys and drug sales defense lawyers in Chandler, AZ can do to defend you case in an effort to get your case dismissed (list is not all inclusive):
• Gathering all evidence;
• Examine all facts;
• Challenge weaknesses or flaws in the prosecution's case;
• Challenge the evidence including the quantity of drugs or substance allegedly sold, or for sale, or intended for sale;
• Find and present exculpatory (evidence in your favor);
• Fight to get some or all evidence suppressed (not used against you);
• Conduct an independent investigation;
• Determine if your Constitutional Rights were violated;
• Determine if proper police and investigation and procedures were followed;
• Determine if there was "probable cause for arrest";
• Determine if there is evidence "entrapment" by police;
• Determine if proper procedures for storage and handling of the evidence was followed;
• Depose or interview witnesses and or police;
• Determine if the search, seizure and or arrest was lawful;
• Consult outside experts for examination and testimony if appropriate;
• Build and mount a strong defense strategy;
• Present a solid defense, with compelling arguments at hearings or in court, and file the proper motions in an effort to get the charges dismissed, reduced, or the best possible outcome in your case;
• Negotiate with the prosecution to get your charges dismissed, reduced or the otherwise best outcome based on your situation;

Drug Laws Chandler AZ
Chandler drug laws are strict and complex. If you were arrested in Chandler AZ for felony drug sales charges, a conviction will carry severe penalties that may include extended prison sentences. Penalties in Chandler, AZ are even more severe for repeat offenses. Arizona prosecutors want convictions and are relentless in pursuing them. They will work closely with the Police to get those convictions. You will need strong legal representation and a criminal defense for fair and just treatment. An experienced criminal defense attorney in Chandler will use the laws and criminal justice system to your advantage and favor. Without good private practice criminal defense representation, your charges are a conviction waiting to happen, and swiftly.

Whether your drug arrest or drug sales charges were in Chandler AZ, Phoenix AZ, Scottsdale AZ, Tempe AZ, Gilbert AZ, Mesa AZ or any city within Maricopa County or other Counties in Arizona makes no difference. Every Arizona City is subject to the laws of the State of Arizona. The definitions, classifications and penalties are comprehensively outlined and fall under the rules of Arizona Revised Statutes: "A.R.S. 13 Chapter 34 DRUG OFFENSES 13-3401...13-3461". In particular with regard to drug sales refer to "A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification".

The AZ drug laws are constantly changing, and being revised. It is important that you make sure the Arizona criminal defense lawyer you hire is familiar with these Arizona laws and your possible defenses and handles them frequently throughout the courts in the jurisdiction for which you were arrested or charged with drug sales.

Drug Sentencing for Drug Sales Charges in Chandler, AZ
Factors the police and prosecution will consider in determining the severity of your charges include but are not limited to the following:

• Quantity of the substance alleged to be for sale or intended for sale
• Type or classification of the drug;
• Prior criminal record;
• First time v. repeat offense;
• Strength of the State of Arizona prosecution's case against you;
• Involvement of a dangerous weapon involved
• Drugs were sold or attempted to be sold to a minor
• Drug sales charges were in conjunction with other criminal offenses at the same time such as manufacturing or cultivation; smuggling, importation, trafficking, transportation
• Other aggravating factors not listed above

Criminal Defense Chandler, AZ | Drug Sales Charges Defense
It is best to consult and hire the best Chandler AZ criminal defense attorney possible for your felony drug charges. Make sure they have a vast amount of experience and litigation in AZ Drug defense, and AZ criminal defense, particularly in Chandler AZ. You will need a skilled Arizona defense lawyer who will develop a solid, strong and compelling defense against the Chandler Arizona prosecution in order to get the best possible outcome for your felony drug sales charges.

If you have been charged with any AZ drug charges including but not limited to drug possession, sales, drug trafficking, drug importation, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, or any other drug charges, in Maricopa County, you should contact the Law Office of James Novak and speak directly with experienced criminal defense and drug defense Attorney, James Novak at (480) 413-1499.

For more Arizona criminal defense help and information visit http://www.arizonacriminaldefenselawyer.com

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Chandler AZ, Phoenix AZ, Mesa AZ, Scottsdale AZ, Gilbert AZ, Tempe AZ and other cities within Maricopa County Arizona valley-wide.

September 21, 2010

"How Top drug possession attorneys in Chandler AZ use
The Criminal Justice system and AZ drug laws to defend you"

AZ drug laws are tough and complex. If you have been arrested in Chandler AZ for drug possession charges or face drug possession charges in Chandler AZ, you should consult a criminal defense Attorney who frequently defends drug charges in Chandler Court as early as possible. Some of the best criminal attorneys Chandler, AZ provide free consultations for criminal matters. They will in most cases be able to provide information concerning your rights, drug laws, and drug penalties if convicted, and offer legal representation in your defense.

Drug Possession Charges
The severity of drug possession charges depends largely on the quantity of the drug or substance allegedly found in your possession. This amount is a major factor that the Chandler Police use to determine if your drug possession charges in Chandler AZ should be elevated to "drug sales" or "possession with intent to sell" or distribute drugs. Drug possession charges are serious. But drug sales, drug distribution, drug possession with intent to sell, drug manufacturing, drug cultivation, and drug trafficking in Chandler AZ are far more serious and carry the most severe sentencing if convicted.

Arizona Drug Defenses
The fact that you were arrested for drug possession in Chandler AZ or charged with drug possession charges in Chandler AZ does not automatically make you "guilty". You have rights under the law including constitutional rights. You can fight your charges with a good drug possession defense Attorney. There are many defenses that exist and can be effectively used by a good private practice Chandler Criminal Defense lawyer or Drug defense Attorney, who can attempt to get your charges dismissed, reduced, or the otherwise best possible outcome in your case.

Below is an example of one of many defenses that can be used and how top drug possession attorneys in Chandler AZ use criminal justice system and AZ drug laws to defend you:

Arizona laws require the existence of "knowledge"; in other words, the fact that you "knowingly" possessed a drug, before you can be convicted of drug possession. The Arizona Prosecution must prove that you knew the drugs were in your possession in order to convict you of drug possession charges in Chandler AZ. This law is referenced in Arizona State Drug Law: "A.R.S. Title 13 Chapter 34 "13-3405. Possession, use, production, sale or transportation of marijuana; classification

A. A person shall not knowingly: (emphasis added)

1. Possess or use marijuana..." (Cited in part from azleg.state.az.us)

A good Chandler criminal Lawyer may be able to prove that in fact, that you did not "knowingly" possess the drugs. For example, if the drugs found were in a borrowed vehicle for which you had permissive use, and you were not aware that drugs were in the vehicle you should not be subject to arrest, criminal charges, and a criminal record. However, your story may be disregarded, if you try to tell it yourself. You will be charged, and forced to deal with the defense. But a criminal defense attorney who defends cases Chandler will present a strong and compelling argument and file appropriate motions through the proper legal channels. If effective, this could then lead to a complete dismissal of your drug possession charges.

Whether you were arrested for drug possession Tempe AZ, Chandler AZ, Scottsdale AZ, Mesa AZ, Phoenix AZ, Gilbert AZ or any city within Maricopa County or other Counties in Arizona makes no difference; all jurisdictions within Arizona will be subject to Arizona State Laws. The definitions, classifications and penalties are comprehensively outlined in the following criminal code: Arizona Revised Statutes: "A.R.S. 13 Chapter 34 DRUG OFFENSES 13-3401...13-3461".

Drug Possession Attorney - Chandler Criminal Defense
Your best chance of getting a good outcome in your case is to hire a good AZ criminal defense or drug defense attorney who defends drug possession charges regularly in Chandler AZ. And you should do it as soon as possible. Your criminal attorney should have years of experience and litigation in AZ Drug defense, and criminal defense in Chandler, AZ.

You should choose an attorney who is capable of presenting compelling arguments on your behalf; an attorney who is assertive, proactive, experienced, and familiar with the many drug possession laws and criminal defenses that can be used. A good Chandler AZ criminal attorney will examine all the evidence and build a strong and solid defense to challenge the Chandler Arizona prosecution's case against you. Your attorney will examine all factors and determine if any of your rights were violated, if police conduct was lawful, what laws apply, what defenses can be used, weaknesses or flaws in the Chandler AZ prosecution's case as well as the evidence. In many situations, your Attorney can get a diversion program in place of jail or other penalty, a dismissal of your case, a reduction in charges or otherwise fight to get the best possible outcome in your case.

If you have been charged with any AZ drug charges including but not limited to drug possession, sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, or any other drug charges, in Maricopa County, you should contact the Law Office of James Novak and speak Directly with experienced drug defense Attorney James Novak at (480) 413-1499.

For more criminal defense help and information visit http://www.arizonacriminaldefenselawyer.com

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix AZ, Tempe AZ, Chandler AZ, Scottsdale AZ, Mesa AZ, Gilbert AZ and other surrounding cities within Maricopa County Arizona valley-wide.

September 20, 2010

In Arizona, Chandler DUI Convictions Means Jail or Prison Time

Chandler DUI (Driving under the Influence) Laws are governed by Arizona State Laws and DUI and Criminal Code. The law requires that if convicted you will be required to complete mandatory jail or prison sentence, along with a host of other punishments. If 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 Chandler 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 Chandler 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 Chandler DUI Attorney's job is to use every available means through legal channels to do that.

A good Chandler DUI Lawyer or Arizona DUI Defense Attorney, who defends Chandler DUI Charges frequently in Chandler 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?"

Important Note: Depending on the severity, circumstances and classification of the Chandler DUI charges Chandler DUI convictions include other penalties such as fines, fees, costs, 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. But so often it seems the first question many people who have been arrested for DUI want to know 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..........................1 80 days in jail
• Felony DUI (DUI with aggravated classification.....4 Months in Prison
.
The Chandler DUI Court and Chandler DUI Prosecutor will not help you to defend your charges. Don't expect them to make any attempts to help make things easier for you. To the contrary, their job is to get Chandler DUI convictions. Basically your side of the story is mute to them when you are not properly represented by a private practice DUI defense Attorney. If you still choose 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 Chandler Court, you may unknowingly be incriminating yourself further and making the prosecutor's case against you stronger. The Chandler Prosecution and Chandler 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 Chandler AZ DUI Lawyer should be experienced and have done a vast amount of DUI defense and litigation; have a clear understanding of Arizona laws; changes in law; and most importantly, 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. Your DUI Attorney will act as a barrier between you and the Chandler Prosecution. They will be your voice of legal defense reason, and mount a strong defense on your behalf. A good Chandler 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 Chandler 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 Chandler DUI, Chandler 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 Chandler criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Mesa, Chandler, Phoenix, Tempe, Gilbert, Scottsdale, Queen Creek, and surrounding areas valley-wide in Maricopa County Arizona.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

September 19, 2010

Phoenix Felony Drug Sale Defense Lawyer

"...Some things top rated AZ criminal defense attorneys and drug defense lawyers can do your defense in an attempt to get your case dismissed"

Criminal Justice | Criminal Defense, Phoenix, AZ
The fact that you were charged with selling drugs or intent to sell drugs in Phoenix AZ does not have to mean you are "guilty" and will be convicted of that offense. There are many defenses that can be used by a good Phoenix AZ drug defense lawyer or criminal defense attorney in Arizona who defends felony drug charges frequently in Phoenix. Top Phoenix Criminal Defense Attorneys will fight to get your drug charges dropped. One thing the best Phoenix criminal attorneys agree on is early retention of a good criminal defense attorney.
Here are some things top rated AZ criminal defense Attorneys and drug defense lawyers can do your defense in an attempt to get your case dismissed (list is not all inclusive):
• Gathering all evidence;
• Examine all facts;
• Challenge weaknesses or flaws in the prosecution's case;
• Challenge the evidence including the quantity of drugs or substance allegedly sold, or for sale, or intended for sale;
• Find and present exculpatory (evidence in your favor);
• Determine if any or all of the evidence can be suppressed
• Conduct an independent investigation;
• Determine if any Constitutional Rights were violated;
• Determine if proper police and investigation protocol was followed;
• Determine if there was "probable cause for arrest";
• Look for evidence of "entrapment" by police;
• Determine if proper procedures for storage and handling of the evidence was followed;
• Depose or interview witnesses and or police;
• Determine if the search, seizure and or arrest was lawful;
• Consult outside experts for examination and testimony if appropriate;
• Determine what defense should be used based on the circumstances;
• Present a solid defense, with compelling arguments at hearings or in court, and file the proper motions in an effort to get the charges dismissed, reduced, or the best possible outcome in your case;
• Negotiate with the prosecution to get your charges dismissed, reduced or the otherwise best outcome based on your situation;
Drug Laws in Phoenix AZ

Arizona is tough on drug offenders. If you face charges or have been arrested in Arizona for drug sales or possession with intent to sell, a conviction will exposed to severe penalties that may include extended prison sentencing. Penalties in Arizona are severe for repeat offenders, drug sales, possession of drugs with intent to sell, drug distribution, drug importation, drug transportation, drug trafficking, drug manufacturing or drug cultivation. Arizona prosecutors want convictions and are relentless in pursuing them. They will work closely with the Police to get the conviction. The severity of drug sale or possession with intent to sell charges depends largely on the quantity found in your possession. This factor carries much weight in determining the severity and classification of the charge.

Whether your drug arrest or drug sales charges were in Phoenix AZ, Tempe AZ, Chandler, AZ, Scottsdale AZ, Gilbert AZ, Mesa, AZ or any city within Maricopa County or other Counties in Arizona makes no difference. Every Arizona City is subject to the laws of the State of Arizona. The definitions, classifications and penalties are comprehensively outlined and fall under the rules of Arizona Revised Statutes: "A.R.S. 13 Chapter 34 DRUG OFFENSES 13-3401...13-3461".

In particular with regard to drug sales refer to "A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification".

The laws are constantly changing, and being revised. It is important that you make sure the Arizona criminal defense lawyer you hire is familiar with these turbulent laws and handles them frequently throughout the courts in the jurisdiction for which you were arrested or charged with drug sales.

Drug Sentencing for Drug Sales Charges in Phoenix, AZ

Factors the police and prosecution will consider in determining the severity of your charges include but are not limited to the following:

• Quantity of the substance alleged to be for sale or intended for sale
• Type or classification of the drug being sold or intended to be sold;
• Your prior criminal record if any;
• Is this your first or repeat drug offense;
• Strength of the State of Arizona prosecution's evidence and their case against you;
• A dangerous weapon was involved
• Drugs were sold or attempted to be sold to a minor;
• Drug sales charges were in conjunction with other criminal offenses at the same time such as manufacturing or cultivation;
• Other aggravating factors not listed above

"Top Phoenix, AZ criminal defense Attorneys will fight to get your drug charges dropped"

Criminal Defense Phoenix, AZ | Drug Sales Charges Defense
It is best to consult and hire the best Phoenix AZ criminal defense attorney possible for your felony drug charges. Make sure they have a vast amount of experience and litigation in AZ Drug defense, and AZ criminal defense, particularly in Phoenix AZ. You will need a skilled Arizona defense lawyer who will develop a solid and strong defense against the Phoenix Arizona prosecution and get the best possible outcome for your felony drug charges.

If you have been charged with any AZ drug charges including but not limited to drug possession, sales, drug trafficking, drug importation, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, or any other drug charges, in Maricopa County, you should contact the Law Office of James Novak and speak directly with experienced criminal defense and drug defense Attorney, James Novak at (480) 413-1499.
For more Arizona criminal defense help and information visit http://www.arizonacriminaldefenselawyer.com
The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix AZ, Tempe AZ, Scottsdale AZ, Chandler AZ, Gilbert AZ, Mesa AZ and other cities within Maricopa County Arizona valley-wide.

September 18, 2010

Mesa AZ Drug Possession Laws
Criminal Justice

"How top criminal justice Attorneys in Mesa, AZ use Arizona drug laws to defend your drug charges."

Arizona drug laws are comprehensive and strict. If you face drug charges in Mesa AZ or were arrested for drug possession charges in Arizona you should consult a criminal defense Attorney who frequently defends drug charges in Mesa Municipal Court as soon as possible. A good criminal attorney for defends cases in Mesa, AZ should provide you with information concerning your rights, drug laws, and drug penalties if convicted. A free consultation should in the least provide you with some piece of mind and your options. Your best chance at getting any Arizona drug charges dismissed or a good outcome in your case is to retain an AZ criminal lawyer as early as possible following your AZ drug possession arrest or getting AZ drug charges.

Basically, the severity of a drug possession charge depends largely on how much of the drug or substance was allegedly found in your possession. The amount found, is a substantial factor in determining if your drug possession charges in Mesa AZ should be elevated to drug sales or possession with intent to sell or distribute drugs. Simple drug possession can be serious. However, drug sales, drug distribution, drug possession with intent to sell, drug manufacturing, drug cultivation, and drug trafficking in Mesa AZ are always far more serious.

Arizona Drug Defenses
Just because you were arrested for drug possession or charged with drug possession charges in Mesa AZ, does not automatically make you "guilty". You can fight your charges with a good drug possession Attorney. Defenses exist and can be effectively utilized by a good Arizona Criminal Defense Attorney or Drug defense lawyer, who will work to get your charges dismissed, reduced, or the otherwise best possible outcome in your case.

Here is one example of how top criminal justice Attorneys in Mesa, AZ uses Arizona drug laws to defend your drug charges:

Arizona laws require the element of "knowledge"; whether or not you "knowingly" possessed a drug. The Arizona Prosecution must prove that you knew the drugs were in your possession in order to convict you of drug possession charges in Mesa AZ. This law is referenced in Arizona State Drug Law: "A.R.S. Title 13 Chapter 34 "13-3405. Possession, use, production, sale or transportation of marijuana; classification

A. A person shall not knowingly: (emphasis added)

1. Possess or use marijuana..." (Cited in part from azleg.state.az.us)

A good criminal defense attorney in Arizona who defends charges in Mesa, AZ, may be able to obtained facts or evidence which shed light on the fact that you did not "knowingly" possess the drugs. The drugs found may have been in a vehicle you borrowed from a friend (for which you had permissive use), and you were not aware that drugs were in the vehicle when the police stopped you to investigate. If your Mesa Arizona criminal attorney can present a compelling and effective enough argument to this effect, it could lead to a complete dismissal of your drug possession charges.

Whether your arrest for drug possession charges were in Tempe AZ, Mesa AZ, Chandler, AZ, Scottsdale AZ, Phoenix AZ, Gilbert AZ or any city within Maricopa County or other Counties in Arizona makes no difference, all jurisdictions within Arizona will be subject to Arizona State Laws. The definitions, classifications and penalties are comprehensively outlined in the following criminal code: Arizona Revised Statutes: "A.R.S. 13 Chapter 34 DRUG OFFENSES 13-3401...13-3461".

Arizona Drug Classifications
List below are the three main types of drugs that and Arizona uses to classify drug charges. Note: These examples of these three types of drugs are not all inclusive:

1. Dangerous drugs: LSD, ecstasy, methamphetamines, steroids, hallucinogenic mushrooms, clonazepam, lorazepam

2. Narcotics: cocaine, heroin, opium, morphine, oxycodone

3. Marijuana: Also known as pot, weed, cannabis

Drug Possession Attorney - Mesa Criminal Defense
Your best chance of getting your charges dismissed, reduced or the best possible outcome in your case is to hire a good private practice criminal defense or drug defense attorney who defends drug possession charges regularly in Mesa AZ. You want to make sure they have many years of experience and litigation in AZ Drug defense, and criminal defense in Mesa, AZ.

The attorney you choose should be assertive, proactive, effective, and familiar with the many drug possession laws and criminal defenses that can be used. A good Mesa AZ criminal defense attorney will examine all the evidence and determine the best defense strategies that should be used in your situation. Your attorney's evaluation will reveal if your rights were violated, if police conduct was lawful, what laws apply, what defenses can be used, weaknesses or flaws in the Mesa AZ prosecution's case as well as the evidence. In many situations, your case should be dismissed or evidence obtained unlawfully suppressed (not used against you). If a total dismissal of the charges can not be achieved, a good Mesa AZ criminal attorney will attempt to negotiate a lower charge by contesting the amount of the controlled substance cited, and present the most compelling arguments possible, that will effectively lead to securing reduced charges, and get the best possible outcome in your case..

If you have been charged with any AZ drug charges including but not limited to drug possession, sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, or any other drug charges, in Maricopa County, you should contact the Law Office of James Novak and speak Directly with experienced drug defense Attorney James Novak at (480) 413-1499. For more criminal defense help and information visit http://www.arizonacriminaldefenselawyer.com

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix AZ, Tempe AZ, Scottsdale AZ, Chandler AZ, Mesa AZ, Gilbert AZ and other surrounding cities within Maricopa County Arizona valley-wide.

September 17, 2010

MARIJUANA POSSESSION LAWS ARIZONA

"A good Marijuana defense lawyer in Mesa AZ will do everything possible to attempt to get your charges dismissed. They will use the laws and Criminal Justice system to your advantage."

If you face Marijuana, Cannabis, Pot Possession charges, possession charges in Mesa AZ, you should consult an Arizona Marijuana possession defense lawyer or a criminal attorney who defends drug charges on a regular in Mesa Municipal Court as soon as possible. In the state of Arizona these can be very serious charges, and penalties that include lengthy jail or prison, depending on the circumstances and the amount of Marijuana allegedly found in your possession. Some of the Best Marijuana possession lawyers will provide you with a free consultation concerning your charges. The consultation will give you insight into what you are facing regarding the penalties if convicted, and most will offer you criminal defense to make every effort to avoid a conviction, reduce the charges, attempt to get you qualified into a diversion drug program in place of conviction and get you the best possible outcome in your case. "A good Marijuana defense lawyer in Mesa AZ will do everything possible to attempt to get your charges dismissed. They will use the laws and Criminal Justice system to your advantage.

Mesa AZ Possession Laws
If you were arrested in Mesa AZ, your charges will fall under the rules of the State of Arizona Law regarding classification and penalties
"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:
• Quantity alleged to be in your possession;
• The purpose for the Marijuana (use v. sale);
• Prior criminal history;
• First time or repeat drug offense;
• Strength of the evidence against you by the prosecution;
• Admittances of guilt you may have made;

Marijuana Possession Defense Lawyer Mesa, AZ
If retained an experienced Mesa Criminal Defense Attorney or Marijuana Possession defense Attorney will frequently defends Marijuana charges in Mesa AZ will gather and examine all evidence, build and mount an effective defense strategy on your behalf. A good Criminal defense Attorney or Marijuana possession defense attorney who defends cases in Mesa, AZ will challenge any evidence possible, include the alleged quantity the Mesa AZ prosecution has against you. They will present compelling arguments in your defense, point out weaknesses of prosecutions case, to the court, and in the negotiations with the prosecutor, determine if any of your constitutional rights were violated, and make every attempt to get the best outcome for your charges.

If you have been charged with any Mesa Marijuana possession, Marijuana sales, Marijuana distribution, Marijuana smuggling, Marijuana trafficking, Marijuana cultivation, Marijuana importation, any other Drug charges including Felony Drug, Dangerous Drug, Narcotics, 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, Mesa, Chandler, Gilbert, Tempe, Phoenix, Scottsdale, Arizona and surrounding areas within Maricopa County valley-wide.

Continue reading "Marijuana Possession Lawyer | Criminal Defense Mesa AZ" »

September 16, 2010

Tempe Drug Sales Charges Lawyers

"Top Tempe, AZ criminal defense Attorneys fight to get your drug charges dropped"

Criminal Justice | Drug Sales Defenses in Tempe, AZ
The fact that you were charged with selling in intent to sell in Tempe AZ does not have to mean you will be convicted of the offense in a court of law. There are many defenses that can be used by a good AZ drug defense lawyer or criminal defense attorney in Arizona who defend Arizona drug charges for sale and distribution frequently. Top Tempe Criminal Defense Attorneys fight to get your drug charges dropped. One thing the best Tempe criminal attorneys agree on is early retention of a good criminal defense attorney.

Top rated AZ criminal defense Attorney or drug defense lawyers, if retained, will do will do some or much of the following in your defense (this list is not all inclusive):
• Gathering all evidence;
• Examine all facts;
• Challenge weaknesses or flaws in the prosecution's case;
• Challenge the evidence including the quantity of drugs or substance allegedly sold, or for sale, or intended for sale;
• Find and present exculpatory (evidence in your favor);
• Determine if any or all of the evidence can be suppressed
• Conduct an independent investigation;
• Determine if any Constitutional Rights were violated;
• Determine if proper police and investigation protocol was followed;
• Determine if there was "probable cause for arrest";
• Look for evidence of "entrapment" by police;
• Determine if proper procedures for storage and handling of the evidence was followed;
• Depose or interview witnesses and or police;
• Determine if the search, seizure and or arrest was lawful;
• Consult outside experts for examination and testimony if appropriate;
• Determine what defense should be used based on the circumstances;
• Present a solid defense, with compelling arguments at hearings or in court, and file the proper motions in an effort to get the charges dismissed, reduced, or the best possible outcome in your case;
• Negotiate with the prosecution to get your charges dismissed, reduced or the otherwise best outcome based on your situation;

Drug Laws in Tempe AZ
Arizona is tough on drug offenders. If you face charges or have been arrested in Arizona for drug sales or possession with intent to sell, a conviction will exposed to severe penalties that may include extended prison sentencing. Penalties in Arizona are severe for repeat offenders, drug sales, possession of drugs with intent to sell, drug distribution, drug importation, drug transportation, drug trafficking, drug manufacturing or drug cultivation. Arizona prosecutors want convictions and are relentless in pursuing them. They will work closely with the Police to get the conviction. The severity of drug sale or possession with intent to sell charges depends largely on the quantity found in your possession. This factor carries much weight in determining the severity and classification of the charge.

Whether your drug arrest or drug sales charges were in Tempe AZ, Phoenix AZ, Chandler, AZ, Scottsdale AZ, Gilbert AZ, Mesa, AZ or any city within Maricopa County or other Counties in Arizona makes no difference. Every Arizona City is subject to the laws of the State of Arizona. The definitions, classifications and penalties are comprehensively outlined and fall under the rules of Arizona Revised Statutes: "A.R.S. 13 Chapter 34 DRUG OFFENSES 13-3401...13-3461".

In particular with regard to drug sales refer to "A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification".

The laws are constantly changing, and being revised. It is important that you make sure the Arizona criminal defense lawyer you hire is familiar with these turbulent laws and handles them frequently throughout the courts in the jurisdiction for which you were arrested or charged with drug sales.

Drug Sentencing for Drug Sales Charges in Tempe, AZ
Factors the police and prosecution will consider in determining the severity of your charges include but are not limited to the following:

• Quantity of the substance alleged to be for sale or intended for sale
• Type or classification of the drug being sold or intended to be sold;
• Your prior criminal record if any;
• Is this your first or repeat drug offense;
• Strength of the State of Arizona prosecution's evidence and their case against you;
• Whether or not the offense involved use to use of a dangerous weapon
• To whom the drugs were being sold to, such as a minor;
• Drug sales charges were in conjunction with other criminal offenses at the same time such as manufacturing or cultivation;
• Other aggravating factors not listed above

Criminal Defense Tempe, AZ | Drug Charges Defense
It is best to consult and hire the best Tempe AZ criminal defense attorney possible for your felony drug charges. Make sure they have a vast amount of experience and litigation in AZ Drug defense, and AZ criminal defense, particularly in Tempe AZ. You will need a skilled Arizona defense lawyer who will develop a solid and strong defense against the Tempe Arizona prosecution and get the best possible outcome for your felony drug charges.

If you have been charged with any AZ drug charges including but not limited to drug possession, sales, drug trafficking, drug importation, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, or any other drug charges, in Maricopa County, you should contact the Law Office of James Novak and speak directly with experienced criminal defense and drug defense Attorney, James Novak at (480) 413-1499.
For more Arizona criminal defense help and information visit http://www.arizonacriminaldefenselawyer.com

Continue reading "Felony Drug Charges in Arizona" »

September 15, 2010

Felony Drug Sales Defense Scottsdale AZ,

"One thing the best Scottsdale AZ criminal attorneys agree upon in order for you to get the best possible outcome in your case is "early retention" of a good criminal defense attorney."

Criminal Justice | Criminal Defense, Scottsdale, AZ
If you were charged with drug sales or intent to sell drugs in Scottsdale AZ, it does not mean you are "guilty" and will be convicted of the offense. Drug sales are usually classified and charged as felonies. There are many defenses that can be used by a good Scottsdale AZ drug defense lawyer or criminal defense attorney in Arizona who defends felony drug charges frequently in Scottsdale Court. Top Scottsdale Criminal Defense Attorneys will fight to get your drug charges dropped. Based on the circumstances Attorneys may defend their cases differently. One thing the best Scottsdale AZ criminal attorneys agree upon in order for you to get the best possible outcome in your case is "early retention" of a good criminal defense attorney.

Below are some things experienced Criminal defense Attorneys and drug sales defense lawyers in Scottsdale, AZ can do to defend you case in an effort to get your case dismissed (list is not all inclusive):
• Gathering all evidence;
• Examine all facts;
• Challenge weaknesses or flaws in the prosecution's case;
• Challenge the evidence including the quantity of drugs or substance allegedly sold, or for sale, or intended for sale;
• Find and present exculpatory (evidence in your favor);
• Fight to get some or all evidence suppressed (not used against you);
• Conduct an independent investigation;
• Determine if your Constitutional Rights were violated;
• Determine if proper police and investigation and procedures were followed;
• Determine if there was "probable cause for arrest";
• Determine if there is evidence "entrapment" by police;
• Determine if proper procedures for storage and handling of the evidence was followed;
• Depose or interview witnesses and or police;
• Determine if the search, seizure and or arrest was lawful;
• Consult outside experts for examination and testimony if appropriate;
• Build and mount a strong defense strategy;
• Present a solid defense, with compelling arguments at hearings or in court, and file the proper motions in an effort to get the charges dismissed, reduced, or the best possible outcome in your case;
• Negotiate with the prosecution to get your charges dismissed, reduced or the otherwise best outcome based on your situation;

Drug Laws Scottsdale AZ
Scottsdale drug laws are tough and complex. If you were arrested in Scottsdale AZ for felony drug sales charges, a conviction will carry severe penalties that may include extended prison sentences. Penalties in Scottsdale, AZ are even more severe for repeat offenses. Arizona prosecutors want convictions and are relentless in pursuing them. They will work closely with the Police to get the convictions.

Whether your drug arrest or drug sales charges were in Scottsdale AZ, Phoenix AZ, Chandler, AZ, Tempe AZ, Gilbert AZ, Mesa AZ or any city within Maricopa County or other Counties in Arizona makes no difference. Every Arizona City is subject to the laws of the State of Arizona. The definitions, classifications and penalties are comprehensively outlined and fall under the rules of Arizona Revised Statutes: "A.R.S. 13 Chapter 34 DRUG OFFENSES 13-3401...13-3461". In particular with regard to drug sales refer to "A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification".

The laws are constantly changing, and being revised. It is important that you make sure the Arizona criminal defense lawyer you hire is familiar with these Arizona laws and your possible defenses and handles them frequently throughout the courts in the jurisdiction for which you were arrested or charged with drug sales.

Drug Sentencing for Drug Sales Charges in Scottsdale, AZ
Factors the police and prosecution will consider in determining the severity of your charges include but are not limited to the following:

• Quantity of the substance alleged to be for sale or intended for sale
• Type or classification of the drug;
• Prior criminal record;
• First time v. repeat offense;
• Strength of the State of Arizona prosecution's case against you;
• Involvement of a dangerous weapon involved
• Drugs were sold or attempted to be sold to a minor
• Drug sales charges were in conjunction with other criminal offenses at the same time such as manufacturing or cultivation; smuggling, importation, trafficking, transportation
• Other aggravating factors not listed above

Criminal Defense Scottsdale, AZ | Drug Sales Charges Defense
It is best to consult and hire the best Scottsdale AZ criminal defense attorney possible for your felony drug charges. Make sure they have a vast amount of experience and litigation in AZ Drug defense, and AZ criminal defense, particularly in Scottsdale AZ. You will need a skilled Arizona defense lawyer who will develop a solid and strong defense against the Scottsdale Arizona prosecution and get the best possible outcome for your felony drug charges.

If you have been charged with any AZ drug charges including but not limited to drug possession, sales, drug trafficking, drug importation, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, or any other drug charges, in Maricopa County, you should contact the Law Office of James Novak and speak directly with experienced criminal defense and drug defense Attorney, James Novak at (480) 413-1499.
For more Arizona criminal defense help and information visit http://www.arizonacriminaldefenselawyer.com

Continue reading "Felony Drug Laws in Arizona" »

September 14, 2010

Felony Drug Sales Defense Mesa AZ,

"...Some things experienced Criminal defense Attorneys and drug sales defense lawyers in Mesa, AZ can do to defend you case in an effort to get your case dismissed."

Criminal Justice | Criminal Defense, Mesa, AZ
If you were charged with selling drugs or intent to sell drugs in Mesa AZ, it does not mean you are "guilty" and will be convicted of that crime. There are many defenses that can be used by a good Mesa AZ drug defense lawyer or criminal defense attorney in Arizona who defends felony drug charges frequently in Mesa Court.

Top Mesa Criminal Defense Attorneys will fight to get your drug charges dropped. Based on the circumstances Attorneys may defend their cases differently. One thing the best Mesa AZ criminal attorneys agree upon in order for you to get the best possible outcome in your case is "early retention" of a good criminal defense attorney.

Here are some things experienced Criminal defense Attorneys and drug sales defense lawyers in Mesa, AZ can do to defend you case in an effort to get your case dismissed (list is not all inclusive):
• Gathering all evidence;
• Examine all facts;
• Challenge weaknesses or flaws in the prosecution's case;
• Challenge the evidence including the quantity of drugs or substance allegedly sold, or for sale, or intended for sale;
• Find and present exculpatory (evidence in your favor);
• Fight to get some or all evidence suppressed (not used against you);
• Conduct an independent investigation;
• Determine if your Constitutional Rights were violated;
• Determine if proper police and investigation and procedures were followed;
• Determine if there was "probable cause for arrest";
• Determine if there is evidence "entrapment" by police;
• Determine if proper procedures for storage and handling of the evidence was followed;
• Depose or interview witnesses and or police;
• Determine if the search, seizure and or arrest was lawful;
• Consult outside experts for examination and testimony if appropriate;
• Build and mount a strong defense strategy;
• Present a solid defense, with compelling arguments at hearings or in court, and file the proper motions in an effort to get the charges dismissed, reduced, or the best possible outcome in your case;
• Negotiate with the prosecution to get your charges dismissed, reduced or the otherwise best outcome based on your situation;

Drug Laws Mesa AZ
Arizona is tough on drug offenses. If you were arrested in Arizona for Felony drug charges for sales or possession with intent to sell, a conviction will expose you to severe penalties that may include extended prison sentences. Penalties in Mesa, AZ are severe for repeat offenders, drug sales, and possession of drugs with intent to sell. Arizona prosecutors want convictions and are relentless in pursuing them. They will work closely with the Police to get the convictions.

Whether your drug arrest or drug sales charges were in Mesa AZ, Phoenix AZ, Chandler, AZ, Tempe AZ, Gilbert AZ, Scottsdale AZ or any city within Maricopa County or other Counties in Arizona makes no difference. Every Arizona City is subject to the laws of the State of Arizona. The definitions, classifications and penalties are comprehensively outlined and fall under the rules of Arizona Revised Statutes: "A.R.S. 13 Chapter 34 DRUG OFFENSES 13-3401...13-3461".

In particular with regard to drug sales refer to "A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification".

The laws are constantly changing, and being revised. It is important that you make sure the Arizona criminal defense lawyer you hire is familiar with these Arizona laws and your possible defenses and handles them frequently throughout the courts in the jurisdiction for which you were arrested or charged with drug sales.

Drug Sentencing for Drug Sales Charges in Mesa, AZ
Factors the police and prosecution will consider in determining the severity of your charges include but are not limited to the following:

• Quantity of the substance alleged to be for sale or intended for sale
• Type or classification of the drug;
• Prior criminal record;
• First time v. repeat offense;
• Strength of the State of Arizona prosecution's case against you;
• Involvement of a dangerous weapon involved
• Drugs were sold or attempted to be sold to a minor
• Drug sales charges were in conjunction with other criminal offenses at the same time such as manufacturing or cultivation; smuggling, importation, trafficking, transportation
• Other aggravating factors not listed above

Criminal Defense Mesa, AZ | Drug Sales Charges Defense
It is best to consult and hire the best Mesa AZ criminal defense attorney possible for your felony drug charges. Make sure they have a vast amount of experience and litigation in AZ Drug defense, and AZ criminal defense, particularly in Mesa AZ. You will need a skilled Arizona defense lawyer who will develop a solid and strong defense against the Mesa Arizona prosecution and get the best possible outcome for your felony drug charges.

If you have been charged with any AZ drug charges including but not limited to drug possession, sales, drug trafficking, drug importation, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, or any other drug charges, in Maricopa County, you should contact the Law Office of James Novak and speak directly with experienced criminal defense and drug defense Attorney, James Novak at (480) 413-1499.

Continue reading "Felony Drug Laws in Arizona" »

September 13, 2010

Gilbert DUI Penalties Require Jail Time for Arizona DUI Convictions

"An Experienced Gilbert DUI Lawyer will fight to Reduce your DUI Charges dismissed completely, or in the alternative reduced to a lesser charge to avoid your having to do Jail or Prison time. "

Gilbert DUI (Driving under the Influence) aw is governed by Arizona State Law DUI conviction require mandatory jail or prison sentences depending on the severity, classification, and circumstances surrounding your Gilbert DUI charges. Even though you've been charged and arrested, you still have a constitutional right to a defense, and a DUI charge is not yet a DUI conviction. A Gilbert 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 Gilbert 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 Gilbert 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 Gilbert charges Gilbert 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.

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 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 Jail and Prison 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 Gilbert Court and Gilbert Prosecutor will do nothing to defend your case. Their job is to get a Gilbert DUI conviction. A word of caution, if you decide to go at it alone (not recommended). Basically your side of the story will be disregarded. In fact, without DUI legal representation and guidance by an Arizona DUI Lawyer or Criminal Defense Attorney who defends DUI charges frequently in Gilbert Court, you may unknowingly be incriminating yourself further. The Gilbert Prosecution and Gilbert Court get a fast conviction with little work when a defendant goes unrepresented. And without proper legal representation your attempts at defending yourself could not only be futile, but make matters worse.

Your Gilbert AZ DUI Attorney defending you in Gilbert Court for your DUI, will be familiar with protocol, experience in frequent DUI litigation, understanding of Arizona laws, 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 Gilbert 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. That's their job.

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

Continue reading "Arrested for Drunk Driving in Gilbert" »

September 12, 2010

Gilbert Extreme DUI
"Defending an Extreme DUI in Gilbert, AZ requires a strong defense and litigation skills of an experienced DUI lawyer who defends DUI charges frequently in Gilbert AZ Court."
Extreme DUI Penalties Gilbert, AZ

A Gilbert DUI in Arizona is classified as an "Extreme DUI" when a person's Blood Alcohol Content (BAC) Level is more than 0.15%. The Gilbert police usually find out a driver's BAC by means of a breathalyzer machine test or blood sample test. Even if it is your first AZ DUI conviction the sentence is severe requiring mandatory jail time. The higher the BAC the harsher the Arizona DUI penalties will be. In addition to jail or other incarceration additional penalties may be ordered by the court including fines, fees, probation, court ordered use of ignition interlock device on your vehicle, loss of your driving privileges and any other punishments depending on the circumstances surrounding your charges and conviction

Extreme DUI Defenses Gilbert AZ
Defending an Extreme DUI in Gilbert, AZ requires the strong defense and litigation skills of an experienced DUI lawyer who defends DUI charges frequently in Gilbert AZ Court on a regular basis. There are many defenses that can be used. Many evidentiary issues can be challenged, all under the appropriate circumstances. Many of these defenses are cited and discussed in detail in the Winning Defense Strategies Book ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies" © Book, written by a successful and experienced DUI Defense and trial Attorney James Novak. Abridged versions of these and additional AZ criminal and DUI defense can be downloaded free of charge to the public at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html

Arizona Extreme DUI Laws
Gilbert extreme DUI charges, extreme DUI penalties, DUI sentencing, DUI definitions all fall under the strict rule of Arizona State Law DUI and criminal codes:

28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:
1. 0.15 or more but less than 0.20. (Cited in Part)

Extreme DUI Lawyer Gilbert, AZ
Arizona DUI Laws, and defenses, and your constitutional rights should not be kept a secret. But know that is a great difference between knowing defenses are, and executing them in order to challenge evidence and charges. This is why you need the defense of a good Gilbert DUI lawyer, who defends cases in Gilbert AZ on a regular basis.

Some defendants out of necessity feel they must try to fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Gilbert on a regular basis. Unfortunately, they find out sooner than later that it is the quickest way to get a conviction, with no break or mercy in sentencing. It makes the prosecutions job easier if you don't hire a private practice DUI attorney. It helps make their case stronger and at every turn they will try to get you to incriminate yourself further. Also, there may be important evidentiary or constitutional right issues that that perhaps seemed meaningless to you, but are actually material to your defense. A good Gilbert DUI defense lawyer will recognize and use it in your favor. The prosecution will not offer it, or bring it to your attention to help you defend yourself. There are deadlines, motions to file, conferences hearings, settlement negotiations, and strict court protocol that must be adhered to. The Gilbert Court and processes can be an overwhelming maze to get through without an experienced Gilbert DUI attorney who deals with it on a daily basis.

With legal defense by a Gilbert extreme DUI attorney, your chances of getting evidenced suppressed, charges reduced (to a non-extreme, or civil traffic violation for example), or a complete dismissal of charges or other good outcome on your case drastically increase. A Gilbert DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with AZ DUI laws, Gilbert Court, defense strategies, examining evidence and challenging it to defend your Gilbert DUI charges. You need a strong DUI defense Attorney to build that wall of protection between you, the police and prosecution. You need someone knows how to gather and examine all evidence available, retest blood sample evidence, protect your constitutional rights, and educate and present your defense to the judge, prosecutors, and or jury.

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 "GILBERT DUI LAWYER AZ" »

September 11, 2010

Scottsdale Extreme DUI
"There are many defenses that can be used by a skilled Scottsdale extreme DUI lawyer. Many evidentiary issues can be challenged, all under the appropriate circumstances."

Extreme DUI Penalties Scottsdale, AZ
A Scottsdale DUI in Arizona is classified as an "Extreme DUI" when a person's Blood Alcohol Content (BAC) Level is more than 0.15%. This is usually determined via use of a breathalyzer machine test or blood sample results. Even if it is your first AZ DUI conviction the sentence is severe requiring mandatory jail time. The higher the BAC the harsher the Arizona DUI penalties will be. In addition to jail or other incarceration additional penalties may be ordered by the court including fines, fees, probation, court ordered use of ignition interlock device on your vehicle, loss of your driving privileges and any other punishments depending on the circumstances surrounding your charges and conviction

Extreme DUI Defenses in Scottsdale AZ
Defending an Extreme DUI in Scottsdale, AZ requires the strong defense and litigation skills of an experienced DUI lawyer who defends DUI charges frequently in Scottsdale AZ Court on a regular basis. There are many defenses that can be used by a skilled Scottsdale extreme DUI lawyer. Many evidentiary issues can be challenged, all under the appropriate circumstances. Many of these defenses are cited and discussed in detail in the Winning Defense Strategies Book ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies" © Book, written by a successful and experienced DUI Defense and trial Attorney James Novak. Abridged versions of these and additional AZ criminal and DUI defense can be downloaded free of charge to the public at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html

Arizona Extreme DUI Laws
Scottsdale extreme DUI charges, extreme DUI penalties, DUI sentencing, DUI definitions all fall under the strict rule of Arizona State Law DUI and criminal codes:

28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:

1. 0.15 or more but less than 0.20. (Cited in Part)
Scottsdale Extreme DUI Attorney

Your Scottsdale DUI Attorney will explain Arizona DUI Laws, and defenses, and your constitutional rights in your situation. However, there is a world of difference between knowing what the defenses are, and executing them through the legal processes to challenge evidence and charges. This is why you need the defense of a good Scottsdale DUI lawyer, who defends cases in Scottsdale AZ on a regular basis.

Some who face extreme DUI charges in Scottsdale AZ feel that out of necessity they must fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Scottsdale on a regular basis. Unfortunately, they find out sooner than later that it is the quickest way to get a conviction, with no break or mercy in sentencing, jail, fines, fees, interlock device, probation, restitution if applicable, and be far more costly than if they had hired a Scottsdale Extreme DUI Attorney. It makes the prosecutions job easier if you don't hire a private practice DUI attorney. It helps make their case stronger. At every turn they will skillfully try to get you to incriminate yourself further. Evidentiary or Constitutional Right issues may exist that perhaps seem irrelevant or meaningless to you, but in fact they could be material issues that can be used in favor of your defense.

A good Scottsdale DUI defense lawyer will recognize and use it in your favor. The prosecution will not offer it, or bring it to your attention to help you defend yourself. There are deadlines, motions to file, conferences hearings, settlement negotiations, and strict court procedures must be strictly complied with. The Scottsdale Court and processes can be an overwhelming maze to get through without an experienced Scottsdale DUI attorney who deals with it on a daily basis.

With a good Scottsdale extreme DUI attorney, your chances of getting evidenced suppressed, charges reduced (to a non-extreme, or civil traffic violation for example), or a complete dismissal of charges or other good outcome on your case drastically increase. A Scottsdale DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with AZ DUI laws, Scottsdale Court, defense strategies, examining evidence and challenging it to defend your Scottsdale DUI charges. You need a strong DUI defense Attorney to build that wall of protection between you, the police and prosecution. You need someone knows how to gather and examine all evidence available, retest blood sample evidence, protect your constitutional rights, and educate and present your defense to the judge, prosecutors, and or jury.

If you have been charged with any Scottsdale Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Scottsdale DUI, Scottsdale 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 Scottsdale criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "SCOTTSDALE DUI LAWYER " »

September 10, 2010

Scottsdale DUI Lawyer Who Fights Scottsdale 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 Scottsdale DUI Felony Charges."

If you were charged with a Scottsdale Felony DUI, you will need to consult a DUI Attorney with proven success in defending Scottsdale DUI cases. Arizona Felony DUI charges are very serious. Scottsdale Officials, Police and Prosecution want convictions and they will work diligently to get them, not to help you. You must fight fire with fire. You will need an experienced DUI Attorney who will fight just as diligently to defend you, and your rights, and fight to get your case dismissed. Without this, you will be outnumbered, and at a dangerous disadvantage. Without this, your chances of getting a dismissal, or any reduction in charges or sentencing are slim to none.

Felony DUI charges are also known as "Aggravated DUI charges". Felony DUI convictions have much more serious punishments with adverse affects that can follow you the rest of your life. Scottsdale Felony DUI or Aggravated DUI convictions carry sentences that can include up to 4 months or more in prison, other aggravated penalties such as exorbitant fines, fees, restitution, loss of your driver's license, mandatory Ignition Interlock device, counseling, mandatory treatment programs, probation, and whatever else the court feels is necessary.

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 Scottsdale DUI Felony Charges. Your Maricopa County 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 an effective defense against your Scottsdale Felony DUI charges. With a good Scottsdale DUI Lawyer you might be able to get your charges dismissed completely, reduced from a Felony to a Misdemeanor or something less such as a civil traffic citation. It requires aggressive and experienced legal representation by a proven and dedicated Maricopa County DUI Attorney, Scottsdale Felony DUI attorney, or criminal defense attorney who defends cases regularly in Scottsdale courts and Maricopa County Courts in Arizona.

There are many defenses that can be used, and evidentiary issues that can be challenged in a Scottsdale 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 significant difference between knowing your defenses and rights, and actually challenging evidence and utilizing the applicable defenses through the proper legal channels and court system. A good Scottsdale DUI Lawyer knows exactly what to do and how to do it. Unfortunately many people make the mistake of trying to represent them selves without hiring an attorney. This is a dangerous mistake. A person can be with all good intentions, saying or doing something they think is helping their case. When in fact, they are only incriminating it further, and helping the prosecution convict them. You have the right to remain silent, use it. Let a good DUI Attorney who defends DUI charges in Scottsdale 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. 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 Scottsdale 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 Scottsdale DUI, Scottsdale 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 Scottsdale criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "Scottsdale DUI Attorney " »

September 9, 2010

Criminal Defense Lawyer

"An experienced Tempe Criminal Evidentiary Hearing Attorney may be able to get a part of all of the prosecutions evidence against you dismissed at a very early stage."

An Evidentiary Hearing" is also known as a "Preliminary Hearing". It is critical that you have an experienced AZ Criminal Defense or AZ DUI lawyer defending you, to attend this hearing. "An experienced Tempe Criminal Evidentiary Hearing Attorney may be able to get a part of all of the prosecutions evidence against you dismissed at a very early stage."

Your Tempe Criminal Defense Attorney or DUI lawyer usually requests this after your "Pre-trial Conference". This gives your Criminal defense or DUI attorney additional time to investigate, and examine the evidence that will be argued in your defense.

Arizona Revised Statutes §13-4238 Evidentiary Hearing describes in detail e purposes and rules surrounding a Tempe Criminal Evidentiary Hearing.

In summary, A.R.S. §13-4238 Evidentiary contains the following:
• Rules of evidence in criminal proceedings which apply
• Burden of proof of allegations and evidence to be identified
• Persons who may be called upon for testimony to be revealed
• Rules and evidence involving any violation of your constitutional rights
• The Tempe Criminal Court or DUI court's role, and obligations
• The Tempe Court shall within 10 days enter its order of conclusions based on its' findings of fact and state expressly its conclusions of law relating to all matters of evidence or issues presented at the hearing.

Your Tempe criminal defense or Tempe DUI Lawyer will argue the evidence they feel should be suppressed or dismissed and reasons why, and name defenses. The Tempe AZ Prosecution may argue its case against you. A formal record of the entire hearing will be made.

Your Tempe criminal attorney or Tempe DUI lawyer will also file the proper motions to the Tempe Court, requesting to suppress or dismiss part or all of the evidence based on the defenses that will be used depending on the circumstances surrounding your case.

To participate or request an evidentiary hearing on your own behalf without the representation of an Arizona Criminal or DUI defense attorney who practices frequently in Tempe, is risky and may be futile. In fact, there is potential you're you to further incriminate yourself. This is always a possibility and concern when or if you choose to represent yourself. Your chance of getting a successful outcome at an evidentiary hearing increase drastically with the legal representation of a Tempe criminal defense or Tempe DUI Attorney. A good Tempe AZ criminal defense or Tempe DUI defense Attorney will make sure your constitutional rights are protected, and be your voice; what motions to file; and most importantly will recognize what issues to be argued on your behalf that will project the most favorable decision possible in defense of your criminal or DUI charges.

If you have been charged with any Tempe AZ Criminal or DUI, 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 "Tempe Criminal Evidentiary Hearing " »

September 8, 2010

Defending Arizona Extreme DUI Charges
"Defending an Extreme DUI in Arizona requires the strong defense and litigation skills of an experienced Arizona DUI lawyer".

Extreme DUI Penalties Arizona, AZ
An Arizona DUI is classified as an "Extreme DUI" when a person's Blood Alcohol Content (BAC) Level is more than 0.15%. This is usually determined through use of a breathalyzer machine test or blood sample results. Even if it is your first AZ DUI conviction the sentence is severe requiring mandatory jail time. The higher the BAC the harsher the AZ DUI penalties and sentencing will be. In addition to jail or other incarceration additional penalties may be ordered by the court including fines, fees, probation, court ordered use of ignition interlock device on your vehicle, loss of your driving privileges and any other punishments depending on the circumstances surrounding your charges and conviction

Extreme DUI Defenses in Arizona
Defending an Extreme DUI in Arizona requires the strong defense and litigation skills of an experienced Arizona DUI lawyer. There are many defenses that can be used by a good Arizona extreme DUI lawyer. Many evidentiary issues can be challenged, all under the appropriate circumstances. Many of these defenses are cited and discussed in detail in the Winning Defense Strategies Book ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies" © Book, written by a successful and experienced DUI Defense and trial Attorney James Novak. Abridged versions of these and additional AZ criminal and DUI defense can be downloaded free of charge to the public at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html

Arizona Extreme DUI Laws
It makes no difference if your extreme DUI was in Mesa AZ, Tempe AZ, Phoenix AZ, Chandler AZ, Gilbert AZ, or Scottsdale AZ, the extreme DUI charges fall under the strict rule of Arizona State Law DUI and criminal codes and read in part as follows:

28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:

1. 0.15 or more but less than 0.20. (Cited in Part)

Arizona Extreme DUI Attorney
Your AZ DUI Attorney will explain Arizona DUI Laws, your defenses, and your constitutional rights in your situation. Understand that there is a great deal of difference between knowing what the defenses are, and utilizing them through the legal effectively. This takes a lot of skill, training, education, litigation & defense experience, and some element of "thinking outside the box" or creativity. This is one of many reasons why you need the legal representation of a good Arizona DUI lawyer, who defends cases in Arizona AZ on a regular basis.

Some defendants facing extreme DUI charges in Arizona feel that out of necessity they must fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Arizona on a regular basis. Unfortunately, they find out that it was the easiest way to get a conviction, with disastrous penalties including jail, fines, fees, interlock device, probation and more (and was far more costly than if they had hired a Arizona Extreme DUI Attorney). It makes the prosecution's job easier if you don't hire a good and assertive private practice DUI attorney. It helps make their case stronger. At every turn they will skillfully try to get you to incriminate yourself further. Evidentiary or Constitutional Right issues may exist that perhaps seem irrelevant or meaningless to you, but in fact they could be material issues that can be used in favor of your defense.

A good Arizona DUI defense attorney will recognize it and use it to defend you. The prosecution will not offer exculpatory (evidence that will help your case) or bring any flaws in the prosecution's case to your attention to help you defend yourself. There are deadlines, motions to file, conferences hearings, settlement negotiations, and strict court procedures must be strictly complied with. The Arizona Courts and processes can be an overwhelming maze to get through without an experienced Arizona DUI attorney who deals with it on a daily basis.

With a good Arizona extreme DUI defense attorney, your chances of getting evidence suppressed, charges reduced (to a non-extreme, or civil traffic violation for example), or a complete dismissal of charges or other good outcome on your case drastically increase. An Arizona DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with AZ DUI laws, Arizona Court, defense strategies, examining evidence and challenging it to defend your Arizona DUI charges. You need a strong DUI defense Attorney to build that wall of protection between you, the police and prosecution. You need someone knows how to gather and examine all evidence available, retest blood sample evidence, protect your constitutional rights, and educate and present your defense to the judge, prosecutors, and or jury.

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

Continue reading "Arizona DUI Attorney" »

September 7, 2010

Mesa Extreme DUI

"...with a Mesa extreme DUI attorney, your chances of getting evidenced suppressed, charges reduced (to a non-extreme, or civil traffic violation for example), or a complete dismissal of charges or other good outcome on your case drastically increase."
Extreme DUI Penalties Mesa, AZ

A Mesa DUI in Arizona is classified as an "Extreme DUI" when a person's Blood Alcohol Content (BAC) Level is more than 0.15%. The Mesa police usually find out a driver's BAC by means of a breathalyzer machine test or blood sample test. Even if it is your first AZ DUI conviction the sentence is severe requiring mandatory jail time. The higher the BAC the harsher the Arizona DUI penalties will be. In addition to jail or other incarceration additional penalties may be ordered by the court including fines, fees, probation, court ordered use of ignition interlock device on your vehicle, loss of your driving privileges and any other punishments depending on the circumstances surrounding your charges and conviction

Extreme DUI Defenses Mesa AZ
Defending an Extreme DUI in Mesa, AZ requires the strong defense and litigation skills of an experienced DUI lawyer who defends DUI charges frequently in Mesa AZ Court on a regular basis. There are many defenses that can be used. Many evidentiary issues can be challenged, all under the appropriate circumstances. Many of these defenses are cited and discussed in detail in the Winning Defense Strategies Book ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies" © Book, written by a successful and experienced DUI Defense and trial Attorney James Novak. Abridged versions of these and additional AZ criminal and DUI defense can be downloaded free of charge to the public at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html

Arizona Extreme DUI Laws
Mesa extreme DUI charges, extreme DUI penalties, DUI sentencing, DUI definitions all fall under the strict rule of Arizona State Law DUI and criminal codes:

28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:

1. 0.15 or more but less than 0.20. (Cited in Part)

Extreme DUI Lawyer Mesa, AZ
Your Mesa DUI Attorney will explain Arizona DUI Laws, and defenses, and your constitutional rights in your situation. Know that is a great difference between knowing defenses are, and executing them in order to challenge evidence and charges. This is why you need the defense of a good Mesa DUI lawyer, who defends cases in Mesa AZ on a regular basis.

Some people charged with extreme DUI in Mesa AZ feel that out of necessity they must try to fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Mesa on a regular basis. Unfortunately, they find out sooner than later that it is the quickest way to get a conviction, with no break or mercy in sentencing, jail, fines, fees, interlock device, probation, restitution if applicable, and be far more costly than if they had hired a Mesa Extreme DUI Attorney. Also, it makes the prosecutions job easier if you don't hire a private practice DUI attorney. It helps make their case stronger. At every turn they will skillfully try to get you to incriminate yourself further. Also, there may be important evidentiary or constitutional right issues that may have perhaps seemed unimportant or even meaningless to you, but are actually material to your defense. A good Mesa DUI defense lawyer will recognize and use it in your favor. The prosecution will not offer it, or bring it to your attention to help you defend yourself. There are deadlines, motions to file, conferences hearings, settlement negotiations, and strict court procedures must be strictly complied with. The Mesa Court and processes can be an overwhelming maze to get through without an experienced Mesa DUI attorney who deals with it on a daily basis.

With a Mesa extreme DUI attorney, your chances of getting evidenced suppressed, charges reduced (to a non-extreme, or civil traffic violation for example), or a complete dismissal of charges or other good outcome on your case drastically increase. A Mesa DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with AZ DUI laws, Mesa Municipal Court, defense strategies, examining evidence and challenging it to defend your Mesa DUI charges. You need a strong DUI defense Attorney to build that wall of protection between you, the police and prosecution. You need someone knows how to gather and examine all evidence available, retest blood sample evidence, protect your constitutional rights, and educate and present your defense to the judge, prosecutors, and or jury.

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 ATTORNEY AZ" »

September 6, 2010

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

"Hiring a good, experienced private practice DUI Lawyer can mean the difference between getting a Arizona DUI conviction or dismissal of your Arizona DUI charges."

If you face Arizona DUI charges you will need to hire an Arizona DUI Attorney who defends cases regularly in the Arizona Courts. Many good Arizona 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 Arizona 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 Arizona 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 an Arizona 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 Arizona DUI charges is an extremely important 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 someone to help you get yourself convicted. And you certainly don't want to pay for it! You need a good Arizona DUI lawyer to defend your Arizona DUI charges. There are 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.

Arizona DUI convictions carry harsh. Arizona has some of the toughest DUI laws and punishments in the United States. Even a first time Arizona DUI conviction can be devastating. There is too much to lose not to hire a good DUI Attorney to represent you and fight your Arizona DUI charges. A DUI conviction of any kind can have such negative impacts on your life as loss of job or future job opportunities, loss of driver's license, costly fines and fees, mandatory incarceration, court ordered ignition interlock devices to be installed in your vehicle at your expense, counseling, and whatever the
Court deems necessary and appropriate for your situation.

Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney are slim to none. The Arizona court systems are a maze of strict rules, guidelines, and protocols it must follow. You will need a strong Attorney 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 Arizona DUI defense case, protect your constitutional rights, and fight to get your charges dismissed.

An Arizona DUI has many facets which must be examined and can be challenged. Each individual's case is different. There is no "cookie cutter" DUI or defense. There are many things an experienced private practice attorney will pick up on after years and year of litigation and experience. These are the types of things that teachers don't teach and law books don't include in an Attorney's law school experience alone. 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 Arizona Criminal Defense or DUI attorney. Hiring a good, experienced private practice DUI Lawyer can mean the difference between getting a Arizona DUI conviction or dismissal of your Arizona 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 "Arizona DUI Lawyer " »

September 5, 2010

Defending Chandler Extreme DUI Charges

"There are many defenses that can be used by a skilled Chandler extreme DUI lawyer. Many evidentiary issues can be challenged, all under the appropriate circumstances."

Extreme DUI Penalties Chandler, AZ
A Chandler DUI in Arizona is classified as an "Extreme DUI" when a person's Blood Alcohol Content (BAC) Level is more than 0.15%. This is usually determined via use of a breathalyzer machine test or blood sample results. Even if it is your first AZ DUI conviction the sentence is severe requiring mandatory jail time. The higher the BAC the harsher the Arizona DUI penalties will be. In addition to jail or other incarceration additional penalties may be ordered by the court including fines, fees, probation, court ordered use of ignition interlock device on your vehicle, loss of your driving privileges and any other punishments depending on the circumstances surrounding your charges and conviction

Extreme DUI Defenses in Chandler AZ
Defending an Extreme DUI in Chandler, AZ requires the strong defense and litigation skills of an experienced DUI lawyer who defends DUI charges frequently in Chandler AZ Court on a regular basis. There are many defenses that can be used by a skilled Chandler extreme DUI lawyer. Many evidentiary issues can be challenged, all under the appropriate circumstances. Many of these defenses are cited and discussed in detail in the Winning Defense Strategies Book ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies" © Book, written by a successful and experienced DUI Defense and trial Attorney James Novak. Abridged versions of these and additional AZ criminal and DUI defense can be downloaded free of charge to the public at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html

Arizona Extreme DUI Laws
Chandler extreme DUI charges, fall under the strict rule of Arizona State Law DUI and criminal codes and read in part as follows:

28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:

1. 0.15 or more but less than 0.20. (Cited in Part)

Chandler Extreme DUI Attorney
Your Chandler DUI Attorney will explain Arizona DUI Laws, your defenses, and your constitutional rights in your situation, the processes, and what to expect. Understand that there is a tremendous difference between knowing what the defenses are, and executing them through the legal processes to challenge evidence and charges successfully. This takes years of education, litigation & defense experience. This is why you need the legal representation of a good Chandler DUI lawyer, who defends cases in Chandler AZ on a regular basis.

Some who face extreme DUI charges in Chandler AZ feel that out of necessity they must fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Chandler on a regular basis. Unfortunately, they find out that it was the easiest way to get a conviction, with disastrous penalties including jail, fines, fees, interlock device, probation, restitution if applicable, and be far more costly than if they had hired a Chandler Extreme DUI Attorney. It makes the prosecutions job easier if you don't hire a private practice DUI attorney. It helps make their case stronger. At every turn they will skillfully try to get you to incriminate yourself further. Evidentiary or Constitutional Right issues may exist that perhaps seem irrelevant or meaningless to you, but in fact they could be material issues that can be used in favor of your defense.

A good Chandler DUI defense attorney will recognize it and use it to defend you. The prosecution will not offer exculpatory (evidence that will help your case) or bring any flaws in the prosecution's case to your attention to help you defend yourself. There are deadlines, motions to file, conferences hearings, settlement negotiations, and strict court procedures must be strictly complied with. The Chandler Court and processes can be an overwhelming maze to get through without an experienced Chandler DUI attorney who deals with it on a daily basis.

With a good Chandler extreme DUI defense attorney, your chances of getting evidence suppressed, charges reduced (to a non-extreme, or civil traffic violation for example), or a complete dismissal of charges or other good outcome on your case drastically increase. A Chandler DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with AZ DUI laws, Chandler Court, defense strategies, examining evidence and challenging it to defend your Chandler DUI charges. You need a strong DUI defense Attorney to build that wall of protection between you, the police and prosecution. You need someone knows how to gather and examine all evidence available, retest blood sample evidence, protect your constitutional rights, and educate and present your defense to the judge, prosecutors, and or jury.

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

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September 4, 2010

A Good Phoenix DUI Lawyer will challenge evidence at every turn to get your DUI charges Dismissed!

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

If you have been charged with a Phoenix DUI, you will need to consult a Phoenix criminal defense attorney or DUI Lawyer who defends all types of DUI charges in Phoenix on a regular basis. Make sure your Arizona DUI Lawyer is well versed in defending Phoenix DUI cases, DUI litigation, knows the Arizona DUI law and constantly changing legislation, case law, breath and blood testing issues; and police and handling protocol. But the most important thing you need to know is will that Attorney take an active stance to defend your case, and do they understand all the different types of defenses that can be used to challenge evidence, fight a Phoenix DUI charges, and work
To get your case dismissed. Knowing what to do, and actively doing them are two separate issues entirely.

Choosing a DUI lawyer to defend your Phoenix 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 Phoenix 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.

Phoenix DUI convictions carry severe punishments, and Arizona has some of the toughest DUI laws in the Country. Even a first time Arizona DUI misdemeanor conviction, with no prior criminal history or criminal record, carries severe penalties. You have too much as stake not to hire a good DUI Attorney to represent you and fight your Phoenix DUI conviction. A DUI conviction 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 jail time, and court ordered interlock device (at your expense) which requires a person to prove they have not been drinking before the automobile's ignition will start.

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 Phoenix 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 Phoenix, to defend you and challenge the evidence and charges. A good DUI Attorney will overturn every stone to mount a successful Phoenix DUI defense, challenge the evidence, protect your constitutional rights, and fight to get your case dismissed.

A Phoenix DUI has many factors which must be evaluated. Every one is different and holds its own set of circumstances. There is no such thing as a "cookie cutter" DUI or Defense. Every situation should be evaluated on its on merits, circumstances, evidence or lack thereof. Some 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 evaluated and challenged without a good private practice Criminal Defense or DUI lawyer who defends cases in Phoenix regularly. Hiring a private practice and experienced Phoenix DUI Attorney can mean the difference between getting a Phoenix DUI conviction or total dismissal of your Phoenix 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 Phoenix Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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September 3, 2010

Penalties Require Jail in Arizona for DUI Convictions

"A Good Phoenix DUI Lawyer may be able to
reduce your jail or prison sentence or get your charges dismissed completely."

Phoenix DUI law is governed by Arizona State Law DUI conviction has mandatory jail or prison sentences depending on the severity, circumstances, and classification of the Phoenix DUI charges. Even if 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 DUI charge is just the beginning. A Good Phoenix DUI Lawyer may be able to reduce your jail or prison sentence or get your charges dismissed completely. 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 to attempt to get your charges dismissed, reduced or the best possible outcome in your cased.

Important Note: Depending on the severity, circumstances and classification of the Phoenix DUI charges Phoenix 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, it seems the first question many people who have been arrested for DUI want to know is "If convicted, will I go to jail or prison and for how long?" So the following is discusses the portion of the Arizona State Law that relates to 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 Jail Sentencing Minimum 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 Phoenix Court and Prosecution will do nothing to make your life easier. If you choose to go unrepresented (not recommended), basically your side of the story will be for the most part disregarded. In fact, without DUI legal representation by a DUI Lawyer or Criminal Defense Attorney who defend DUI charges frequently in Phoenix Court, you may unknowingly be incriminating yourself further.

Your AZ DUI Attorney defending your in Phoenix Court for your DUI, will be familiar with protocol, Arizona law and changes in the law, case law that may effect you, 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 Phoenix Prosecution. They will be your voice of legal defense through the proper legal channels, and do everything within their means to assure you don't have to do the jail time, and will protect your future and freedom.

If you have been arrested for any Phoenix 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 Phoenix DUI, Phoenix 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 Phoenix criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "Phoenix Arizona DUI Arrest Drunk Driving Attorney " »

September 2, 2010

"There are many defenses that can be used by a skilled Tempe extreme DUI lawyer. Many evidentiary issues can be challenged, all under the appropriate circumstances."
Extreme DUI Penalties Tempe, AZ

A Tempe DUI in Arizona is classified as an "Extreme DUI" when a person's Blood Alcohol Content (BAC) Level is more than 0.15%. This is usually determined via use of a breathalyzer machine test or blood sample results. Even if it is your first AZ DUI conviction the sentence is severe requiring mandatory jail time. The higher the BAC the harsher the Arizona DUI penalties and sentencing will be. In addition to jail or other incarceration additional penalties may be ordered by the court including fines, fees, probation, court ordered use of ignition interlock device on your vehicle, loss of your driving privileges and any other punishments depending on the circumstances surrounding your charges and conviction

Extreme DUI Defenses in Tempe AZ
Defending an Extreme DUI in Tempe, AZ requires the strong defense and litigation skills of an experienced Tempe DUI lawyer. There are many defenses that can be used by a good Tempe extreme DUI lawyer. Many evidentiary issues can be challenged, all under the appropriate circumstances. Many of these defenses are cited and discussed in detail in the Winning Defense Strategies Book ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies" © Book, written by a successful and experienced DUI Defense and trial Attorney James Novak. Abridged versions of these and additional AZ criminal and DUI defense can be downloaded free of charge to the public at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html

Arizona Extreme DUI Laws
Tempe extreme DUI charges, fall under the strict rule of Arizona State Law DUI and criminal codes and read in part as follows:

28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:
1. 0.15 or more but less than 0.20. (Cited in Part)

Tempe Extreme DUI Attorney
Your Tempe DUI Attorney will explain Arizona DUI Laws, your defenses, and your constitutional rights in your situation. Understand that there is a great deal of difference between knowing what the defenses are, and utilizing them through the legal effectively. This takes a lot of skill, training, education, litigation & defense experience, and some element of "thinking outside the box" or creativity. This is one of many reasons why you need the legal representation of a good Tempe DUI lawyer, who defends cases in Tempe AZ on a regular basis.

Some who face extreme DUI charges in Tempe AZ feel that out of necessity they must fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Tempe on a regular basis. Unfortunately, they find out that it was the easiest way to get a conviction, with disastrous penalties including jail, fines, fees, interlock device, probation and more (and was far more costly than if they had hired a Tempe Extreme DUI Attorney). It makes the prosecution's job easier if you don't hire a good and assertive private practice DUI attorney. It helps make their case stronger. At every turn they will skillfully try to get you to incriminate yourself further. Evidentiary or Constitutional Right issues may exist that perhaps seem irrelevant or meaningless to you, but in fact they could be material issues that can be used in favor of your defense.

A good Tempe DUI defense attorney will recognize it and use it to defend you. The prosecution will not offer exculpatory (evidence that will help your case) or bring any flaws in the prosecution's case to your attention to help you defend yourself. There are timelines, deadlines, motions to file, conferences hearings, settlement negotiations, and strict court procedures must be strictly complied with. The Tempe Court and processes can be an overwhelming maze to get through without an experienced Tempe DUI attorney who deals with it on a daily basis.

With a good Tempe extreme DUI defense attorney, your chances of getting evidence suppressed, charges reduced (to a non-extreme, or civil traffic violation for example), or a complete dismissal of charges or other good outcome on your case drastically increase. A Tempe DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with AZ DUI laws, Tempe Court, defense strategies, examining evidence and challenging it to defend your Tempe DUI charges. You need a strong DUI defense Attorney to build that wall of protection between you, the police and prosecution. You need someone knows how to gather and examine all evidence available, retest blood sample evidence, protect your constitutional rights, and educate and present your defense to the judge, prosecutors, and or jury.

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, 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 Attorney Defending Tempe Extreme DUI Charges" »

September 1, 2010

Phoenix Felony DUI Attorney Who Will Fight Your Felony DUI Charges

"Your Best Offense against a Felony DUI Conviction is to hire a good DUI Lawyer who knows what defenses to use to defend a Felony DUI."

If you were arrested in Phoenix Arizona for a Felony DUI, do not underestimate the consequences of a conviction. Felony DUI charges are very serious. Arizona is extremely tough on Phoenix Felony DUI offenses also known as "Aggravated DUI charges". Felony DUI conviction will result in serious punishments with adverse affects on your life that will follow you for years into the future. It is extremely important for you to contact and hire DUI attorney who defends clients regularly in Phoenix Courts, with a proven track record of successful defense and litigation of Phoenix DUI charges.

Your best offense against a Felony DUI Conviction is to hire a good DUI Lawyer who knows what defenses to use to defend Phoenix Felony DUI charges. Your Arizona DUI Attorney must have the knowledge, and experience of using all the defenses available under by Arizona law to build and mount a successful defense against your Felony DUI charges. With a good Phoenix DUI Attorney, you may be able to get your charges dismissed completely or in the alternative reduced to lesser charges with lesser penalties. A dismissal of charges is not obtained by luck. It requires good legal representation by an experienced Maricopa County DUI Lawyer.

There are many defenses that can be used, and evidentiary issues that can be challenged under the appropriate circumstances. Many of these defenses are cited and discussed in detail in the Winning Defense Strategies Book Series ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies" © Book, written by a successful and experienced DUI Defense Attorney as well as prolific Arizona DUI defenses Author, James Novak. Abridged versions of all his Arizona Defense Books can be downloaded free of charge to the public. Law and your defenses, and your constitutional rights should not be kept a "secret". If charged with any DUI you should be informed. This free information can be downloaded at www.arizonacriminaldefenselawyer.com. Understand there is a big difference between knowing what your defenses are, and knowing how actually challenge evidence and charges which is what a good Phoenix DUI Lawyer does on a regular basis. Many people make the mistake of going at it alone without good private practice DUI Attorney who defends DUI charges in Phoenix.

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:
• The Police Must have "Reasonable Suspicion" for a Traffic Stop
• The Police must have "Probable cause" to arrest for DUI which is a higher standard than a "Reasonable Suspicion" to stop
• Challenging the validity or reliability of the field sobriety tests conducted
• The police officer's credentials or certifications can be questioned regarding the officer's training and use of breathalyzer equipment or drug testing equipment.
• The evidence prosecution wishes to use against you was mishandled
• Margins of error are too wide in breath results or blood testing.
• Too much time went by before proper testing was done.
• The environmental conditions or landscaping were not appropriate or up to standard for which to conduct field sobriety tests.
• Lack of maintenance or records on breathalyzer machine used to read your BAC
• Inadmissible evidence used
• Improper search of your or your vehicle was or seizure was conducted
• Other Violations of your Constitutional Rights occurred.

You have too much to lose with a Phoenix Felony DUI or Aggravated DUI conviction. You must have a strong Phoenix criminal defense or Phoenix 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.

Phoenix Felony DUI convictions have higher penalties, increased incarceration than that of a Misdemeanor DUI. Sentencing for a Felony DUI or Aggravated DUI in Phoenix can include up to 4 months or more in prison, along with other severe penalties, fines, fees, loss of driver's license, mandatory Ignition Interlock device, restitution, and other penalties the court deems appropriate.

The punishments for any Arizona Felony DUI charge is so severe that some people just give to the prosecution, not realizing their DUI charges can be challenged. Most good Phoenix DUI Attorneys will provide a free consultation to provide you such insight regarding your case. 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. 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 Phoenix 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 Phoenix DUI, Phoenix 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 Phoenix criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "Phoenix DUI Lawyer" »