October 2010 Archives

October 30, 2010

Tempe DUI Attorney

"Your chances of getting your DUI charges dismissed, reduced, evidence suppressed or any favorable outcome will increase drastically by retaining a good Tempe Criminal Defense or Tempe DUI Defense Lawyer."

Tempe DUI laws and Tempe AZ DUI Penalties are strict and severe. Even a first time Arizona misdemeanor DUI conviction carries harsh penalties. Tempe AZ Felony DUI punishments for convictions are so severe, that they can adversely impact the rest of your life. When faced with such charges, some people simply give up hope.

But you should know there is hope for a second chance to freedom, and to turn things around. If you have been charged or arrested in Tempe for DUI you should consult a Tempe Criminal Attorney or Arizona criminal defense attorney who defends DUI charges in the Tempe Court and criminal justice system frequently. Most of the best DUI attorneys who defend DUI charges in Tempe provide free consultations. The DUI defense lawyer usually provides information regarding your charges, what to expect and offer you defense options. They will be your ally when you feel the entire criminal justice system and State of Arizona is against you. In the least you will get some direction and piece of mind.

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

DUI Penalties Tempe, AZ
The Arizona State DUI Laws apply to Arizona DUI charges, no matter if your case is in Tempe AZ, Gilbert AZ, Phoenix AZ, Mesa AZ, Tempe AZ, Scottsdale AZ, Maricopa County or any other cities and counties within the State of Arizona's jurisdiction.

Tempe DUI penalties can have negative life altering impacts including but not limited to loss of job or future job opportunities; loss of driver's license; costly fines and fees; mandatory incarceration in *jail or *prison (see below); court ordered ignition interlock devices in your vehicle at your expense; counseling, probation, criminal record and whatever the Tempe Court deems necessary and appropriate for your situation. If you are convicted the factors the Tempe Judge will consider for sentencing include but are not limited to the following:

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

*Arizona DUI Jail Sentencing Minimum Guidelines
Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties or punishments that apply for Tempe DUI convictions. References are 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 (with aggravated classification)......4 Months in Prison
.
Tempe DUI Defenses
A Tempe AZ DUI charge is not a conviction. You have the right to fight your Tempe DUI through the criminal justice system. A good Tempe DUI defense Lawyer will challenge the evidence, build a defense, attempt to get your charges dismissed, reduced. In any event, you will usually get a much better outcome with a Tempe DUI defense attorney, than if you go without qualified private DUI legal representation.

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 a qualified Tempe DUI defense attorney chooses to use will be tailored and built largely upon the circumstances, details, and evidence surrounding your Tempe DUI charges. Your DUI defense lawyer should then effectively present it with compelling arguments and motions through the proper legal channels.

DUI Defense Attorney Tempe, AZ
Some feel that the Tempe Arizona court and criminal justice system are a maze of red tape, strict rules, guidelines, and protocol. In some respect this is true. It is the nature of the system. You will need strong Tempe DUI defense attorney or experienced Tempe criminal defense attorney to defend you.

Your chances of getting your DUI charges dismissed, reduced, evidence suppressed or any favorable outcome will increase drastically by retaining a good Tempe Criminal Defense or Tempe DUI Defense Lawyer. They will investigate, examine all evidence, and build a strong defense tailored to the circumstances surrounding our Arizona DUI. They will then challenge the prosecutions' evidence and do everything possible to get your Arizona DUI charges dismissed, reduced, or the otherwise best alternative outcome in your case.

Continue reading "Tempe DUI Arrest | DUI Laws | DUI Penalties" »

October 29, 2010

Phoenix DUI Attorney

"A good Phoenix DUI defense Lawyer will challenge the evidence, build a defense, and attempt to get your charges dismissed, or reduced. In any event, you will usually get a much better outcome with a Phoenix DUI defense attorney, than if you go without qualified private DUI legal representation."

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.

Phoenix DUI laws are strict and Phoenix DUI Penalties are some of the most 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. If you have been arrested in Phoenix for DUI you should consult a Phoenix Criminal Attorney or Arizona criminal defense attorney who defends DUI charges in the Phoenix Court and criminal justice system frequently.

The Arizona State DUI 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 cities and counties within the State of Arizona's jurisdiction.

Arizona DUI Penalties
A DUI conviction of any kind can have life altering negative impacts on your life including but not limited to loss of job or future job opportunities; loss of driver's license; costly fines and fees; mandatory incarceration in *jail or *prison (see below); court ordered ignition interlock devices in your vehicle at your expense; counseling, probation and whatever the Phoenix Court deems necessary and appropriate for your situation. If you are convicted the factors the Phoenix Judge will consider for sentencing include but are not limited to the following:

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

*Arizona DUI Jail Sentencing Minimum Guidelines

Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties or punishments that apply for Phoenix DUI convictions. References are 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 (with aggravated classification)......4 Months in Prison
.
After an Arizona DUI Arrest
In general what follows a Phoenix 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 who defends DUI charges in Phoenix AZ or Phoenix 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
6) Sentencing

*Although the number fluctuates, statistics show that in Maricopa County only about 2% to 3% of DUI cases ever go to trial. The remaining cases are either

Phoenix DUI Defenses
An Arizona DUI charge is not a conviction. You have the right to fight your Phoenix DUI through the criminal justice system. A good Phoenix DUI defense Lawyer will challenge the evidence, build a defense, attempt to get your charges dismissed, reduced. In any event, you will usually get a much better outcome with a Phoenix DUI defense attorney, than if you go without qualified private DUI legal representation.

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 Phoenix DUI Attorney will be based largely on the circumstances, details, and evidence surrounding your Phoenix DUI charges. It must then be effectively presented with compelling arguments by your DUI defense lawyer, through the proper legal channels.

Arizona DUI Lawyer
Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome with a good Phoenix Criminal Defense or Phoenix DUI Defense Lawyer increase drastically. Some feel that the Phoenix Arizona court and criminal justice system are a maze of strict rules, guidelines, and protocol. You will need strong DUI legal representation, such as an experienced criminal defense attorney or DUI lawyer who regularly defends Arizona DUI charges in Phoenix AZ.

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 and do everything possible to get your Arizona DUI charges dismissed, reduced, or the best alternative outcome in your case.


Continue reading "Phoenix DUI Arrest | DUI Laws | DUI Penalties" »

October 28, 2010

To make a DUI arrest in Gilbert, the Police Officer must have "probable cause" to arrest you. A Gilbert DUI arrest requires the higher standard of probable cause than the DUI stop itself. The DUI stop only requires "reasonable suspicion" that a traffic infraction, or violation of law. If your Gilbert DUI defense files a motion to dismiss for lack of "probable cause" to arrest, and the Gilbert Court agrees, then what occurred after the arrest including breath or blood test then is not admissible or relevant. Depending on the circumstances your case, your Gilbert DUI lawyer has a compelling argument which may lead to a total dismissal of your Gilbert AZ DUI charges.

Gilbert DUI Laws
DUI Charges in Gilbert AZ are serious, and carry some of the harshest penalties in the country. If you were charged or arrested for a Gilbert DUI you will need an experienced Gilbert DUI Attorney or an Arizona Attorney who defends charges frequently in Gilbert Court and criminal justice system to defend you. Gilbert DUI Laws, Classifications and Penalties are governed by Arizona State Laws which can be found at under ARS §28-1381 - www.azleg.state.az.us.

Top DUI Defenses - To Name a Few
Below are just a few of many common defenses that an experienced criminal defense or DUI Attorney in Arizona may use to defend your case. Excerpts are cited in part from the Arizona Winning DUI Defense Strategies © Book Series, "101 Arizona DUI Defenses" © written by experienced Arizona DUI Attorney James Novak:

ILLEGAL STOP OF PERSON OR VEHICLE - Were you legally stopped by the Gilbert police? The United States Supreme Court has held that an officer must have a reasonable suspicion of a criminal or traffic offense to stop a vehicle. If the officer did not have a reasonable suspicion, then the remedy may call for a dismissal of your Gilbert DUI charges. The officer must be able to substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. Weaving within one's own traffic lane for a short distance or making a wide turn should not justify a hunch that the driver is drunk driving or impaired by drugs or other toxic substances.

THE GILBERT POLICE DID NOT HAVE PROBABLE CAUSE TO MAKE THE ARREST
- Was there probable cause to arrest you? The Gilbert Police Officer's burden of proof is even greater to arrest you than it is to make the initial stop. The standard for an officer to stop a vehicle, the officer must have merely a "reasonable suspicion" that a traffic infraction or other violation of the law was committed. But to make an arrest, the level rises to a higher standard, which is that "probable cause" to arrest. If a motion to dismiss for lack of probable cause to arrest is made, the court then considers all facts gathered by the officer before the arrest. What occurred after the arrest: the breath or blood test then is not relevant. Based on the facts, the case may be dismissed.

FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED
- Did the officer administer field sobriety testing in accordance with Federal Government guidelines?
According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication. The NHTSA sets certain standards for the administration of tests that include: Walk and Turn, One Leg Stand, and the Horizontal Gaze Nystagmus test. The above tests are not to be used if the DUI suspect is elderly, obese, unhealthy, injured or suffers another medical condition which would affect them adversely if the tests were done; or if the results of the test would be inaccurate due to any other medical condition for which they may be suffering.

DUI Defense Attorneys Gilbert, AZ
To go through the criminal justice process or Gilbert Court unrepresented for your DUI charges by a good Gilbert DUI lawyer or criminal defense attorney, is simply a recipe for a swift DUI conviction. Without the defense of a qualified Gilbert DUI lawyer you are putting your life, freedom and future into the arms of the person who wants to convict you. That is, the Gilbert Court Prosecutor. Their job is not to help you get a good outcome, find flaws in their case against you, or try to get your Gilbert DUI charges dropped. They work closely with the police to convict you.

Many of the best Gilbert AZ DUI Attorneys agree that if you face DUI charges in Gilbert AZ, you should retain an Arizona DUI lawyer to defend your case, preferably one who defends DUI charges often in Gilbert Court. Without an experienced and qualified DUI attorney, you may be setting yourself up for a swift and harsh DUI conviction. A good DUI defense attorney who defends charges in Gilbert, Arizona will fight to make sure your constitutional rights are protected, examine the evidence, build the most solid and effective defense, attempt to get your DUI charges dismissed, reduced or otherwise the best outcome in your case.

For more Arizona criminal defense help, DUI defense help, free DUI defense books, and free DUI and criminal defense videos and many other DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit WWW.arizonacriminaldefenselawyer.com. There you can download three free "Arizona Winning DUI Defense Strategies" © books written by winning defense Attorney James Novak, which includes "101 AZ DUI Defenses" ©.

If you have been charged or arrested for any kind of felony charges in Arizona, or misdemeanor including 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, misconduct, domestic violence, probation violations, robbery, theft, burglary, vehicular assault, weapon charges, disorderly conduct with a weapon, harassment, violation of a protective order, manslaughter, kidnapping, aggravated domestic violence, unlawful discharge of a gun, endangerment with a weapon, other firearm and gun charges, computer crimes, sex crimes, cyber crimes, child pornography possession or distribution, 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 proudly serves Gilbert AZ, Tempe, AZ, Mesa AZ, Phoenix AZ, Scottsdale AZ, Chandler AZ, and surrounding cites valley-wide in Maricopa County.

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Mesa, Chandler, Tempe, Scottsdale, Phoenix 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.

October 27, 2010

"How to get Drug Sales Charges Dropped"

Arizona Criminal Justice and Drug Defenses
The fact that you were charged with selling or distributing drugs in Arizona does not have to mean you will be convicted of that offense. 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 Arizona Defense Attorneys will work hard to find out how to get drug charges dropped. One key they almost all agree on, is early retention of a good criminal defense attorney, or experienced drug sales defense lawyer.

The best AZ criminal defense Attorneys 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):
• Begin gathering all the evidence;
• Examine all the facts;
• Determine and challenge weaknesses or flaws in the prosecution's case;
• Challenge the evidence including the Quantity in you possession for alleged intended drug sale, drug sale, drug distribution, or drug trafficking;
• Look to find and present exculpatory (evidence in your favor);
• Determine if any or all of the evidence can be suppressed (not used against you) based on arguable factors;
• Conduct their own independent investigation;,
• Determine if any of your Constitutional Rights were violated;
• Determine if proper police and investigation protocol was followed;
• Find out if the Police had "probable cause for arrest";
• Determine if any entrapment issues exist;
• Make sure required procedures for storage and handling of the evidence was followed;
• Depose or interview witnesses and or police;
• Determine if the arrest was lawful;
• Consult outside experts for examination and testimony if appropriate;
• Determine what defense strategies should be used based on your set of 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;

Arizona Drug Laws
Arizona has some of the harshest drug laws in the country. 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. The 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 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 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.

Arizona Drug Sales Charges
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

Arizona Drug Sales Attorney - AZ Drug Charges 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 and possesses the skills, knowledge and litigation experience needed to provide strong legal representation for your AZ drug sales or intent to sell 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.

October 26, 2010

Weapon Charges Chandler AZ Criminal Defense Attorney

"A good criminal attorney who defends weapons charges frequently in Chandler AZ Court through the Chandler Criminal Justice System will greatly increase your chances of a getting a good outcome in your case. "

Weapon Charges in Chandler AZ
Chandler 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 Chandler AZ you should consult an experienced AZ Criminal Defense attorney who defends weapons charges frequently in Chandler AZ court and the Chandler criminal justices system. Most of the best criminal attorneys who defend weapon charges in Chandler AZ will provide a free consultation. You can discuss your charges, potential penalties if convicted and defense options. Chandler 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

Below are types of stand alone Chandler 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

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

Your Chandler, AZ criminal defense attorney will be the barrier between you and the police and prosecution. A good Chandler 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 Chandler AZ. A good criminal attorney who defends weapons charges frequently in Chandler AZ Court through the Chandler 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 Chandler, Phoenix, Gilbert, Tempe, Mesa, 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.

October 25, 2010

Weapon Charges - Gilbert AZ Criminal Defense Lawyer

"Most of the best criminal attorneys who defend weapon charges in Gilbert AZ will provide a free consultation. You can discuss your charges, potential penalties if convicted and defense options. "

Weapon Charges in Gilbert AZ
Gilbert 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 Gilbert AZ you should consult an experienced AZ Criminal Defense attorney who defends weapons charges frequently in Gilbert AZ court and the Gilbert criminal justices system. A Gilbert conviction 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 Gilbert 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

Gilbert 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 Gilbert 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, 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 Gilbert AZ
Weapon Charges are not the type of charges you want to challenge on your own through the Gilbert AZ criminal justice system or the maze of procedures and protocols of the Gilbert AZ court. Due to their potentially serious nature and penalties if convicted you should consult a Gilbert AZ criminal defense, weapon's charge defense attorney or attorney who defends weapon charges often in Gilbert criminal justice system and Gilbert courts, frequently, if you have been charged or arrested for any weapon charge. Most of the best criminal attorneys who defend weapon charges in Gilbert AZ will provide a free consultation. You can discuss your charges, potential penalties if convicted and defense options.

A qualified Gilbert criminal Lawyer will 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 to protect you against the works outcome and harshest penalties.

An experienced Gilbert 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.

The defense of a Arizona good criminal attorney who defends weapons charges frequently in Gilbert 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 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.

October 24, 2010

Phoenix Criminal Defense Weapon Charges

"The defense of a Arizona good criminal attorney who defends weapons charges frequently in Phoenix Criminal Justice System will greatly increase your chances of a getting a good outcome in your case."

Weapon Charges in Phoenix AZ
Weapons charges are typically paired with other criminal charges in Arizona you received at the same time. Weapon charges can be very serious. If you were arrested or face weapon charges of any kind in Arizona, you should consult an experienced AZ Criminal Defense attorney to discuss you charges, potential penalties, and defense options. An AZ conviction for a felony weapon charges carry serous consequences, including a jail or prison sentences. Some of the more serious crimes involving 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 Phoenix crimes involving weapons, including guns and firearms include but are not limited to the following and usually classified as Misconduct Charges:
• Prohibited possessor
• Prohibited firearms
• Illegal in possession
• Altered serial number

Arizona 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)

Arizona Weapon Laws
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, 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 Defense Attorneys in Phoenix Arizona
Weapon Charges are not the type of charges you want to challenge on your own through the Arizona criminal justice system or the maze of procedures and protocols of the Arizona courts. Due to their potentially serious nature, you should contact a Phoenix AZ criminal defense, weapon's charge defense attorney or attorney who defends weapon charges often in Phoenix criminal justice system and Phoenix courts, as soon as possible if you have been charged or arrested for any weapon charge. A good Phoenix criminal attorney in Arizona will 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 to protect you against the works outcome and harshest penalties. An experienced Phoenix AZ weapon charges attorney will do everything possible to suppress any evidence against you, attempt to get your charges reduced or to achieve the best outcome of getting your charges dismissed. Every weapons charge case is different and the defenses that will be used and outcomes may differ.

The defense of a Arizona good criminal attorney who defends weapons charges frequently in Phoenix 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 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.

October 23, 2010

Drug Possession Laws Tempe AZ

"The key to a successful defense is early retention of a Tempe Criminal Attorney to defend your drug possession charges."

AZ drug laws are strict and complicated. If you have been arrested in Tempe AZ for drug possession charges or face drug possession charges in Tempe AZ, you should consult a Tempe criminal defense Attorney who frequently defends drug charges in Tempe Court as early as possible. Most of the best Tempe criminal attorneys 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, possible options including Tempe criminal defense legal representation on your behalf.

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 Tempe Police use to determine if your drug possession charges in Tempe AZ should be elevated to "drug sales" or "possession with intent to sell" or distribute drugs. Drug possession charges are serious in and of themselves. But drug sales, drug distribution, drug possession with intent to sell, drug manufacturing, drug cultivation, and drug trafficking in Tempe 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 Tempe AZ or charged with drug possession charges in Tempe AZ does not automatically make you "guilty". You have rights under the law. You can fight for dismissal or reduction of 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 Tempe Criminal lawyer or Tempe drug defense Attorney. Below is an example of just one of many defenses that can be used and how top drug possession attorneys in Tempe 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 Tempe 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 Tempe 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 should you be arrested, cited for Tempe drug possession charges, get a conviction, pay fines, fees, or even be required to spend time in jail? The mistake many people arrested for drug possession in Tempe AZ make is they try to "tell their story" themselves. This is dangerous in that you may unknowingly further incriminate yourself or harm your case. The cold hard fact is that the police and prosecution will generally disregard your story of innocence, if you try to tell it yourself. You will be charged, and forced to deal with the defense, the court, through the criminal justice system. You will need to hire a good Tempe criminal defense attorney that will provide a solid defense, present strong and compelling arguments, negotiate in your favor, and file appropriate documents and motions through the proper legal channels. If effective, the process may lead to a dismissal of your drug possession charges, depending on you circumstances.

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 - Tempe Criminal Defense
Your best chance of getting a good outcome in your case is to hire a good Tempe AZ criminal or drug defense attorney who defends drug possession charges in Tempe Court on a regular basis. And you should not waste any time retaining one. The key to a successful defense is early retention of a Tempe Criminal Attorney to defend your drug possession charges.

Your criminal attorney should have years of experience and litigation in AZ Drug defense, and criminal defense in Tempe, AZ. You should choose an attorney who is familiar with the Tempe court protocol, Tempe criminal justice system, and capable of presenting compelling arguments on your behalf. You should get an attorney who is assertive, proactive, experienced, and familiar with the many drug possession laws and criminal defenses that can be used. A good Tempe AZ criminal attorney will examine all the evidence and build a solid defense to challenge the Tempe Arizona prosecution's case against you. Your attorney will evaluate 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 Tempe 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, Tempe AZ, Scottsdale AZ, Mesa AZ, Gilbert AZ and other surrounding cities within Maricopa County Arizona valley-wide.

October 22, 2010

Drug Sales Gilbert AZ, Criminal Defense Lawyer

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

Criminal Justice | Criminal Defense, Gilbert, AZ
If you were charged with selling drugs or intent to sell drugs in Gilbert 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 Gilbert AZ drug defense lawyer or criminal defense attorney in Arizona who defends felony drug charges frequently in Gilbert Court.
Top Gilbert Criminal Defense Attorneys will fight to get your drug charges dropped. One thing the best Gilbert criminal attorneys agree on 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 top rated AZ criminal defense Attorneys and drug sales 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);
• 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 Gilbert AZ
Arizona is tough on drug offenses. If you were arrested in Arizona for Felony drug charges involving sales or possession with intent to sell, a conviction will expose you to severe penalties that may include extended prison sentences. Penalties in Gilbert, 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 conviction.

Whether your drug arrest or drug sales charges were in Gilbert AZ, Phoenix AZ, Chandler, AZ, Scottsdale AZ, Tempe 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 Gilbert, 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 if any;
• First time v. repeat drug offense;
• Strength of the State of Arizona prosecution's case against you;
• Use or existence of dangerous weapon involved
• Drugs were sold or attempting to sell 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 Gilbert, AZ | Drug Sales Charges Defense
It is best to consult and hire the best Gilbert 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 Gilbert AZ. You will need a skilled Arizona defense lawyer who will develop a solid and strong defense against the Gilbert 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 Gilbert AZ, Phoenix AZ, Scottsdale AZ, Chandler AZ, Tempe AZ, Mesa AZ and other cities within Maricopa County Arizona valley-wide.

October 21, 2010

AZ Criminal Defense - Weapon Charges, Gun Charges

"Weapon Charges are not the type of charges you want to challenge on your own through the Arizona criminal justice system... the defense by an Arizona good criminal attorney will greatly increase the chances of a good outcome"

Weapon Charges in AZ
Arizona weapons charges are commonly paired with other criminal charges in Arizona you received at the same time. Weapon charges can be very serious. If you were arrested or face weapon charges of any kind in Arizona, you should consult an experienced AZ Criminal Defense attorney to discuss you charges, potential penalties, and defense options. An AZ conviction for a felony weapon charges carry serous consequences, including a jail or prison sentences.

According to Arizona criminal law, a dangerous or deadly weapon can be defined as anything designed for lethal use. 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. Cases also exist, where persons themselves can be considered a deadly or dangerous weapon if they are highly skilled in such areas as marshal arts, or boxing, and possess the capability or did actually cause serous injury to another person. A weapons charge that results in a serious injury to another person will increase the have sentencing range if an individual is convicted.

Arizona Weapon Laws
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, 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 Definitions 13-3102 Misconduct involving weapons; defenses; classification; definitions 13-3102.01 Storage of deadly weapons; definitions 13-3103 Misconduct involving explosives; classification 13-3104 Depositing explosives; classification 13-3105 Forfeiture of weapons and explosives 13-3106 Firearm purchase in other states 13-3107 Unlawful discharge of firearms; exceptions; classification; definitions 13-3108 Firearms regulated by state; state preemption; violation; classification; definition 13-3109 Sale or gift of firearm to minor; classification 13-3110 Misconduct involving simulated explosive devices; classification; definition 13-3111 Minors prohibited from carrying or possessing firearms; exceptions; seizure and forfeiture; penalties; classification 13-3112 Concealed weapons; qualification; application; permit to carry; civil penalty; report; applicability 13-3113 Adjudicated delinquents; firearm possession; classification 13-3114 Arizona manufactured firearms; regulation; definitions 13-3115 Forensics firearms identification system 13-3116 Misconduct involving body armor; classification; definition 13-3117 Remote stun guns; sales records; use; classification; definitions 13-3118 Possession or storage of firearms; restrictions prohibited; exceptions 13-3119 Misconduct involving weapons in a secured area of an airport; classification; definitions 13-3120 Knives regulated by state; state preemption; definitions"
(Citation from www.azleg.state.az.us)

Weapon Charges Defense Attorneys in Arizona
Weapon Charges are not the type of charges you want to challenge on your own through the Arizona criminal justice system or the maze of procedures and protocols of the Arizona courts. Due to their potentially serious nature, you should contact an Arizona criminal defense or weapon's charge defense attorney as soon as possible if you have been charged or arrested for any weapon charge. A good AZ criminal attorney will 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 to protect you against the works outcome and harshest penalties. An experienced AZ weapon charges attorney will do everything possible to suppress any evidence against you, attempt to get your charges reduced or to achieve the best outcome of getting your charges dismissed. Every weapons charge case is different and the defenses that will be used and outcomes may differ. But the defense by an Arizona good criminal attorney will greatly increase the chances of a good outcome.

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 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.

October 20, 2010

The United States Supreme Court has held that an officer must have a reasonable suspicion of a criminal or traffic offense to stop a vehicle. If the police did not have a justified reasonable suspicion, then your Scottsdale DUI Attorney will have a compelling legal argument to pursue for dismissal of your Scottsdale, AZ DUI charges.

Scottsdale DUI
This is just one of many factors a Scottsdale DUI lawyer will examine and challenge in your Scottsdale DUI defense. But you will not get that benefit without a good Scottsdale DUI criminal defense or Scottsdale DUI lawyer. DUI Charges in Scottsdale AZ are serious, and carry some of the harshest penalties in the country. If you were charged or arrested for a Scottsdale DUI you will need an experienced Scottsdale DUI Attorney or an Arizona Attorney who defends charges frequently in the Arizona courts, to defend your Scottsdale DUI charges. Below are just a few of many common defenses that an experienced criminal defense or DUI Attorney in Arizona may use to defend your case:

Top DUI Defenses
ILLEGAL STOP OF PERSON OR VEHICLE - Were you legally stopped by the Scottsdale police?

The United States Supreme Court has held that an officer must have a reasonable suspicion of a criminal or traffic offense to stop a vehicle. If the officer did not have a reasonable suspicion, then the remedy may call for a dismissal of your Scottsdale DUI charges. The means the officer must be able to substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. Weaving within one's own traffic lane for a short distance or making a wide turn should not justify a hunch that the driver is driving intoxicated.

CHANGING LANES WITHOUT A SIGNAL AS A BASIS FOR A STOP - Did the Scottsdale police stop you because you failed to use your turn signal?

It is basic knowledge that you should always use your turn signal. However, an argument could be made that the stop was illegal because no other traffic existed, involved a remote area, or no other traffic was affected by your turn without using a turn signal. The Scottsdale police and prosecution will argue that you are required to signal if there is other traffic nearby. Most DUI arrests occur late at night and very often the police car is the only vehicle even within sight distance of the driver. The Arizona Law reads as follows:

A.R.S. 28-754. Turning movements and required signals: "A person shall not so turn any vehicle without giving an appropriate signal in the manner provided by this article in the event any other traffic may be affected by the movement."

THE OFFICER DID NOT HAVE PROBABLE CAUSE TO MAKE THE ARREST-

Was there probable cause for the Scottsdale police officer for arrest?
The burden on the Scottsdale AZ police is greater to arrest you than it is to make the initial stop. The standard for an officer to stop a vehicle, the officer must have merely a "reasonable suspicion" of DUI. But to make an arrest, the level rises to a higher standard, which is that "probable cause" to arrest. If a motion to dismiss for lack of probable cause to arrest is made, the court then considers all facts gathered by the officer before the arrest. What occurred after the arrest: the breath or blood test then is not relevant. Based on the facts, this is another compelling argument that may be presented by your Scottsdale DUI lawyer in an attempt to dismiss the Scottsdale DUI charges.

Scottsdale DUI Lawyers
Attempt to go through the criminal justice process or Scottsdale Court unrepresented by a good Scottsdale DUI lawyer or criminal defense attorney, is simply putting your life, hope and future into the hands of the person wanting to convict you, the prosecutor. That's their job. Many of the best Arizona DUI Attorneys agree that if you face Arizona DUI charges, you will need to retain an Arizona DUI lawyer to defend your case. This is not something you want to defend alone, without the qualified defense of an experienced DUI attorney. A good DUI lawyer in Arizona will fight to make sure your constitutional rights are protected, examine the evidence, build the most solid and effective defense possible, attempt to get your DUI charges dismissed, reduced or otherwise the best outcome in your case.

For more Arizona criminal defense help, DUI defense help, free DUI defense books, and free DUI and criminal defense videos and many DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit WWW.arizonacriminaldefenselawyer.com. There you can download three free "Arizona Winning DUI Defense Strategies" © books written by winning defense Attorney James Novak, which includes "101 AZ DUI Defenses" ©.

If you have been charged or arrested for any kind of felony charges in Arizona, or misdemeanor including 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, misconduct, domestic violence, probation violations, robbery, theft, burglary, vehicular assault, weapon charges, disorderly conduct with a weapon, harassment, violation of a protective order, manslaughter, kidnapping, aggravated domestic violence, unlawful discharge of a gun, endangerment with a weapon, other firearm and gun charges, computer crimes, sex crimes, cyber crimes, child pornography possession or distribution, 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 proudly serves Scottsdale AZ, Tempe, AZ, Gilbert AZ, Phoenix AZ, Chandler AZ, Mesa AZ, and surrounding cites valley-wide in Maricopa County.
The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Scottsdale, Mesa, Tempe, Chandler, Phoenix 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.

October 19, 2010

"A Good AZ Criminal Defense Attorney may be able to get some or all of the evidence against you dismissed at an early stage."

An AZ "Evidentiary Hearing" is sometimes called a "Preliminary Hearing". It is very important that you have an experienced AZ Criminal Defense or AZ DUI lawyer to attend this hearing. A Good AZ Criminal Defense Attorney may be able to get some or all of the evidence against you dismissed at an early stage. This hearing usually takes place after your "Pre-trial Conference", thereby giving your AZ criminal Defense or DUI lawyer time to gather, and examine the facts and evidence.

Arizona Revised Statutes §13-4238 Evidentiary hearing describes in detail the following purposes and rules surrounding an Evidentiary Hearing. In summary, it contains the following information:
• Your entitlements, rules of evidence
• Burden of proof of allegations and evidence
• Rules involving any violation of your constitutional rights
• The AZ criminal Court's role, obligations and time limits for the court to make their decision and their finding.

You may or many not be asked for your testimony, witnesses may be called to testify, and oral arguments from your AZ criminal defense or DUI Lawyer as well as the Arizona State's attorney may take place.

Your Criminal attorney or DUI lawyer will file the proper motions to the appropriate 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, your efforts could be futile. But the chances of getting a successful outcome at an evidentiary hearing increase drastically with the legal representation of an Arizona criminal defense or DUI Attorney. A good AZ criminal defense or DUI defense Attorney will know what to do, how to do it when and 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 Arizona Criminal Chare, 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).

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

October 18, 2010

Phoenix Arizona Marijuana Possession Defense

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

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

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

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

The Arizona Sentencing and Punishments vary depending on several factors including but not limited to the following:
• How much Marijuana was found in your possession
• The alleged intended purpose of the Marijuana that was found
• Your previous Criminal history
• First time or repeat offense of Marijuana possession
• Strength of the prosecutions case against your
• Any admissions of guilt you may have made

Arizona Marijuana Possession Defense Lawyer
You should consult an AZ Marijuana possession Attorney or Arizona criminal defense lawyer who is defends these types of charges frequently throughout the jurisdiction and Arizona courts for which you were charged. An experienced AZ Criminal Defense Attorney will immediately begin building a case in your defense. Your Marijuana Defense Lawyer will investigate and examine any evidence to determine if the charges are justified. Your Criminal Attorney or Marijuana Defense Attorney will challenge the evidence the AZ prosecution has against you and point out the weaknesses in the prosecutions case. The weaker the case, the more favorable the outcome will be for you. A private practice Arizona criminal defense or Marijuana possession defense lawyer will make sure your constitutional rights have not been violated, which occurs often in the case of searches and seizures of the drugs by police. Your Marijuana defense attorney will make sure you are treated fairly, and do everything possible to get your charges will be your voice and work for your defense through the proper legal channels to attempt to obtain a dismissal of the case, suppression of evidence or reduction in charges. With the defense of a good Arizona Marijuana possession defense attorney your chances of obtaining such as favorable outcome increase significantly.

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

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

October 17, 2010

Criminal Defense Lawyer
"An experienced Phoenix 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 called a "Preliminary Hearing". It is crucial to your defense that you have an experienced AZ Criminal or AZ DUI lawyer who defends charges often in Phoenix Court participate this hearing. Most Phoenix Attorneys don't do this Al a carte, but as part of the full defense legal representation they provide on your case. An experienced Phoenix 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 Phoenix Criminal Defense Attorney or Phoenix DUI lawyer usually requests this after your "Pre-trial Conference". This usually gives them ample time to investigate, and examine the evidence that will be argued for suppression or dismissal in whole or in part.

Arizona Revised Statutes §13-4238 Evidentiary Hearing outlines in detail the rules that pertain to Phoenix 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 be identified
• Rules involving the evidence and violation of constitutional rights
• The Phoenix Criminal Court or DUI court's role, and obligations
• Following the hearing, The Phoenix Court Judge shall then 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 Phoenix criminal defense or Phoenix DUI Lawyer will argue the evidence they feel should be suppressed or dismissed and what defenses apply. The Phoenix AZ Prosecution may argue its case against you. A formal record of the entire hearing will be made.

Your Phoenix criminal attorney or Phoenix DUI lawyer will also file the proper motions to the Phoenix 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 could further incriminate yourself, unknowingly. This is always a possibility and concern 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 Phoenix criminal defense or Phoenix DUI Attorney. A good Phoenix AZ criminal or Phoenix DUI Lawyer 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 Phoenix 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).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa Arizona and surrounding areas 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

October 16, 2010

Criminal Defense Lawyer
"An experienced Gilbert 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 very important that you have an experienced AZ Criminal or AZ DUI lawyer who defends charges often in Gilbert Court participate this hearing. An experienced Gilbert 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 Gilbert Criminal Defense Attorney or Gilbert DUI lawyer usually requests this after your "Pre-trial Conference". This usually provides enough time for them to gather, investigate, and examine the evidence the prosecution will be using against you, and that same evidence will be argued for suppression or dismissal in whole or in part, by your Gilbert DUI or Criminal Defense Attorney on your behalf.

Arizona Revised Statutes §13-4238 Evidentiary Hearing outlines the details that pertain to Gilbert AZ Criminal Evidentiary Hearing or DUI Evidentiary Hearing.

In brief summary, A.R.S. §13-4238 Evidentiary entails the following:
• Rules of evidence in criminal or DUI proceedings which will apply
• The Burden of proof of allegations and evidence
• Persons to be identified who may be called upon for testimony
• The Gilbert Criminal Court or DUI court's role, and obligations
• Following the hearing, The Gilbert Court Judge shall then 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.
• Information regarding allegations of your constitutional rights is identified.

Your Gilbert criminal defense or Gilbert DUI Lawyer will argue the evidence they feel should be suppressed or dismissed and your defenses to be utilized. The Gilbert AZ Prosecution usually argues its case as well. A formal record of the hearing will be documented. Your Gilbert criminal attorney or Gilbert DUI lawyer will also file the proper motions to the Gilbert 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 represent yourself at the criminal or DUI Evidentiary Hearing without an Arizona Gilbert Criminal or DUI defense attorney who practices frequently in Tempe, is risky and may be futile. Further the potential exists that you could unknowingly incriminate yourself and your case further. This is always a possibility of great concern when a defendant chooses self-representation instead of hiring an Arizona Criminal or DUI attorney who defends cases frequently in Gilbert AZ. Your chance of getting a successful outcome at an evidentiary hearing increase significantly with the legal representation of a Gilbert criminal defense or Gilbert DUI Attorney. A good Gilbert AZ criminal or Gilbert DUI Lawyer 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 Gilbert 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).

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

October 15, 2010

Gilbert DUI Attorney

"A good Gilbert DUI defense Lawyer will challenge the evidence, build a defense, and attempt to get your charges dismissed, or reduced. In any event, you will usually get a much better outcome with a Gilbert DUI defense attorney, than if you go without qualified private DUI legal representation."

Gilbert DUI laws and Gilbert AZ DUI Penalties are some of the most strict and severe in the United States. Even a first time Arizona misdemeanor DUI convictions carry harsh penalties. Arizona Felony DUI convictions and sentencing are so severe, that they adversely impact the rest of your life. If you have been arrested in Gilbert for DUI you should consult a Gilbert Criminal Attorney or Arizona criminal defense attorney who defends DUI charges in the Gilbert Court and criminal justice system frequently.

The Arizona State DUI Laws apply to Arizona DUI charges, no matter if your case is in Tempe AZ, Gilbert AZ, Phoenix AZ, Mesa AZ, Chandler AZ, Scottsdale AZ, Maricopa County or any other cities and counties within the State of Arizona's jurisdiction.

Arizona DUI Penalties
DUI conviction penalties can have life altering negative impacts on your life including but not limited to loss of job or future job opportunities; loss of driver's license; costly fines and fees; mandatory incarceration in *jail or *prison (see below); court ordered ignition interlock devices in your vehicle at your expense; counseling, probation, criminal record and whatever the Gilbert Court deems necessary and appropriate for your situation. If you are convicted the factors the Gilbert Judge will consider for sentencing include but are not limited to the following:

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

*Arizona DUI Jail Sentencing Minimum Guidelines

Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties or punishments that apply for Gilbert DUI convictions. References are 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 (with aggravated classification)......4 Months in Prison
.
After an Arizona DUI Arrest
In general what follows a Gilbert 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 who defends DUI charges in Gilbert AZ or Gilbert 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
6) Sentencing

*Although the number fluctuates, statistics show that in Maricopa County only about 2% to 3% of DUI cases ever go to trial. The remaining cases are either

Gilbert DUI Defenses
A Gilbert AZ DUI charge is not a conviction. You have the right to fight your Gilbert DUI through the criminal justice system. A good Gilbert DUI defense Lawyer will challenge the evidence, build a defense, attempt to get your charges dismissed, reduced. In any event, you will usually get a much better outcome with a Gilbert DUI defense attorney, than if you go without qualified private DUI legal representation.

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 your DUI defense attorney will use will be tailored and built by a qualified Gilbert DUI Attorney based largely on the circumstances, details, and evidence surrounding your Gilbert DUI charges. Then should then effectively present it with compelling arguments through the proper legal channels.

DUI Defense Attorney Gilbert, AZ
Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome by retaining a good Gilbert Criminal Defense or Gilbert DUI Defense Lawyer will increase drastically. Some feel that the Gilbert Arizona court and criminal justice system are a maze of strict rules, guidelines, and protocol. You will need strong DUI legal representation, such as an experienced criminal defense attorney or DUI lawyer who regularly defends Arizona DUI charges in Gilbert AZ.

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

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Scottsdale, Mesa, Phoenix, 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.

October 14, 2010

FIND A GOOD FELONY LAWYER

A Good Criminal Attorney in AZ can challenge your felony charges in Arizona. Most of the best criminal lawyers in Arizona provide free consultations.

Felony Charges AZ
Felony Charges in Arizona are all very serious criminal offenses and are aggressively prosecuted by city, state and county prosecutors. The best way to protect yourself and preserve your freedom is to hire a highly trained and experienced Arizona Criminal defenses. Arizona felony convictions call for prison sentences, with some involving long term or life time incarceration; exorbitant fines and fees; a criminal record that will follow you and adversely effect you for the rest of your life depending on the severity and nature of the crime for which you were convicted.

Felony Sentencing in Arizona
Arizona categorizes crimes into six classifications, with Class 1 being the most severe of crimes which carry the most severe sentences. If convicted, most AZ felony prison sentences are served in a state prison rather than in a county jail. The felony sentencing and term is dictated by the nature and severity of the criminal charges for which you were convicted. Each felony class includes a range from the minimum term to the maximum term of prison time the convicted defendant will be required to serve.

Felony Laws Arizona
Felony Laws in Arizona are strict, and penalties harsh. Definitions, Classifications, Sentencing guidelines, and Penalties are comprehensive. Whether you were arrested for a felony in Phoenix AZ, Mesa AZ, Tempe AZ, Chandler AZ, Scottsdale AZ, Gilbert 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 code: Title 13 - Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes.

Felony Attorney AZ
If you have been arrested or charged with a Felony in Arizona you will need to retain the legal representation of an experienced criminal defense attorney in Arizona or AZ felony attorney. Your future depends on it. These are not the type of charges you want to go at alone and unrepresented. There is no substitute for experience, familiarity, and knowledge of the ever changing Arizona Laws and the Arizona Justice System. Be sure to select an Arizona Attorney with an amount of litigation experience, knowledge, skill, confident, proactive, and one who has the ability to build solid defense on your behalf. Choosing your AZ criminal attorney may be one of the most important decisions you will make relating to your felony charges in Arizona, and one that will affect the rest of your life. Choose one that you feel confident will protect your rights, fight to get the charges dismissed, reduced, or the otherwise best outcome in your case.

If you have been charged or arrested for any kind of felony charges in Arizona, or misdemeanor including 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, misconduct, domestic violence, probation violations, robbery, theft, burglary, vehicular assault, weapon charges, disorderly conduct with a weapon, harassment, violation of a protective order, manslaughter, kidnapping, aggravated domestic violence, unlawful discharge of a gun, endangerment with a weapon, other firearm and gun charges, computer crimes, sex crimes, cyber crimes, child pornography possession or distribution, 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 proudly serves Phoenix AZ, Tempe, AZ, Gilbert AZ, Scottsdale AZ, Chandler AZ, Mesa AZ, and surrounding cites valley-wide in Maricopa County.

For more Arizona criminal defense help, 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 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.

October 13, 2010



"A good Chandler DUI defense attorney will investigate to determine if the police met the standards needed for "probable cause". If not, an experienced Chandler DUI defense Attorney will aggressively challenge the arrest and present compelling arguments necessary to lead to a dismissal of your DUI charges."

If you were arrested in Chandler AZ for a DUI, you should consult a Chandler DUI Attorney or criminal attorney who defends cases often in Chandler Court through the criminal justice system. Most qualified Chandler criminal attorneys and DUI defense attorney who defend DUI charges in Chandler AZ provide free consultations. They should give you helpful information about your Chandler DUI charges, and defense options.

Probable Cause for Arrest | Chandler DUI
From a Chandler DUI charge defense view, your Chandler DUI Attorney may be able to get your Chandler, AZ DUI dismissed by using one, more or a combination of strategic defenses. One common defense is known as "No Probable Cause for Arrest". By law, the police must have "reliable information which "would lead a reasonable person to conclude that criminal activity has been or is being committed prior to the arrest". Unless probable cause exists, the arrest is unconstitutional and therefore invalid.

Probable Cause | What it Means
The fourth amendment of the United States Constitution requires among other things, that arrests and arrest warrants be supported by Probable Cause. Note that "probable cause to arrest" is a higher standard than "reasonable suspicion to stop" or detaining a driver for DUI or questioning.

Probable cause means the police need to have real evidence and actual facts including but not limited to field sobriety tests, breath tests results, blood tests results, urinalysis tests results or chemical tests results and served the Chandler Police to feel they had justifiable evidence "enough to cause a reasonable person to believe that a crime has been committed." The Chandler Judge and Court need to hear this actual evidence and the specifics that gave cause for your arrest. Assumptions, suspicions, accusations, opinions, biased unsubstantiated conclusions, or evidence that can not be measured is not acceptable and does not meet the standard of "probable cause for an arrest". A good Chandler DUI defense attorney will investigate to determine if the police met the standards needed for "probable cause". If not, an experienced Chandler DUI defense Attorney will aggressively challenge the arrest and present compelling arguments necessary to lead to a dismissal of your DUI charges.

Arizona DUI Penalties
The Arizona State Laws apply to all DUI Charges throughout all cities considered to be under the jurisdiction of Arizona law. This includes Tempe AZ, Phoenix AZ, Chandler AZ, Mesa AZ, Gilbert AZ, Scottsdale AZ, Maricopa County and most all cities, towns and counties in Arizona. Arizona DUI laws are strict and penalties are among the most severe in the United States.

A DUI conviction has such negative impacts on your life as job loss, job suspension, 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, probation, treatment or counseling, and any other penalties the Chandler AZ court deems necessary based on the circumstances surrounding your charges.

Sentencing for a conviction is based on a host of factors including but not limited to your past criminal record; first time or repeat offense; misdemeanor DUI or felony DUI; aggravated factors surrounding the DUI including DUI with accident or injury, drunk driving with a person aged 15 or younger; other offenses charged at the time of the DUI arrest; and many other variables surrounding your Chandler DUI charges and Chandler DUI arrest.

Scottsdale Arizona DUI Defenses
It is important to remember that just because you were charged with a Chandler DUI does not mean you are or will be convicted of that offense. Simply put, a charge is not a conviction. DUI charges can be challenged. This is best done by retaining good DUI defense Lawyer in Arizona you can fight your charges, challenge the evidence to try to get your case dismissed, charges reduced, or otherwise a better outcome in your case, than if you have not hired an attorney. One key to a winning defense is early retention of your DUI defense attorney.

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 most effective defense strategy for your Chandler DUI charge will be determined by your qualified Arizona DUI Attorney defending your case. An experienced DUI defense Attorney will strategically choose the appropriate defenses based the particular circumstances surrounding your Chandler DUI charges and arrest, after obtaining and examining all the evidence and facts. Your Arizona DUI lawyer will present it with compelling arguments to the judge, Chandler Court, prosecution through the proper legal channels and criminal justice system.

DUI Defense Attorney Chandler | Criminal Justice System
Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome drastically increases with the retention of a good Arizona Criminal Defense who defends cases in Chandler or Chandler DUI Attorney, Many people consider the Chandler Arizona criminal justice system and Chandler Court to be a maze of complex rules, guidelines, and protocols. You will need an experienced Arizona criminal defense attorney or Arizona DUI lawyer who regularly defends Arizona DUI charges through the criminal justice and court systems. A good Chandler DUI defense Lawyer will investigate, examine all evidence, build a strong defense challenge charges and the evidence, attend Motor Vehicle Hearings, Arraignments, Pre-trial Conferences, Suppression or Evidentiary Hearings, defend you at trial if a trial is needed and you have arranged in advance for your attorney to do the trial. In sum, the best Arizona DUI attorneys will 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 Chandler, 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 Chandler, Mesa, Phoenix, Scottsdale, Gilbert, 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

October 12, 2010

Marijuana Attorney Mesa
"A Mesa drug Charge is not a conviction. You have a chance at freedom by defending your charges with a qualified Marijuana Sales Attorney".

Marijuana Sales Charges Mesa AZ
You should contact a Mesa Marijuana sales attorney or Mesa drug defense lawyer, if you have been charged or arrested in Arizona for Marijuana (also called pot, cannabis, or weed) possession, sales, cultivation, import, trafficking, smuggling, and possession with intent to sell, or any other Marijuana charges as soon as possible. These are very serious charges in Mesa AZ. You should consult an Arizona criminal defense attorney to discuss your matter, and defense options. Some of the best Marijuana attorneys and drug defense lawyers in Mesa provide free consultations.

Arizona Marijuana, pot, cannabis, or weed is the most common of all drug charges in Arizona. However, this does not reduce the serious nature of sentencing and punishment if convicted. Mesa, AZ has particularly harsh sentencing for convictions including jail or prison, and exorbitant fees and other penalties for Marijuana sales, possession with intent to sell, Marijuana cultivation, Marijuana import, Marijuana trafficking, or Marijuana smuggling,

Mesa Marijuana Sales Laws:
Arizona Marijuana sales laws are very strict, and penalties extremely harsh. They are defined, and specifically classified under the State of Arizona's Criminal Law cited below. So whether you were arrested for Marijuana Sales Charges in Mesa AZ, Phoenix AZ, Tempe AZ, Chandler AZ, Scottsdale AZ, Gilbert 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 code:

Arizona Revised Statutes (A.R.S.) - Title 13 Criminal Code - Chapter 34 DRUG OFFENSES...13-3405 Possession, use, production, sale or transportation of marijuana; classification...

A. A person shall not knowingly: ...

2. Possess marijuana for sale.

3. Produce marijuana.

4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana...."

Mesa Marijuana Sales Penalties
Marijuana sales convictions in Arizona, carry minimum prison sentencing within a range of 1 to 5 years in prison. In addition to incarceration in prison if convicted, you will face exorbitant fines, starting at $750 to $150,000.00.

Below is a list of some factors considered in sentencing if convicted of Mesa Marijuana sales. This list is not all inclusive.
• Quantity of marijuana involved in the sale or possession with intent to sell.
• If the prosecution can proves that amount of marijuana was over the statutory threshold of two pounds;
• Prior criminal record;
• First time offender or repeat offense;
• Weapons involved;
• Selling or attempting to sell the drugs to a minor;
• Harm, injury or death of a person (s) involved with the drug sale;
• Any other aggravating or extenuating circumstances.

Marijuana Attorney in Mesa AZ | Criminal Defense
A Mesa drug Charge is not a conviction. You have a chance at freedom by defending your charges with a qualified Marijuana Sales Attorney. With a good Drug defense lawyer your chances of getting your charges dismissed, reduced, or good outcome in your case significantly increase. You have a constitutional right to retain a Mesa AZ criminal Attorney. A good Mesa Marijuana Attorney, AZ criminal defense, or drug defense attorney in Arizona will challenge the prosecution's case against you. The best Arizona drug defense attorneys will do everything possible to try to get your charges dismissed or reduced, protect your rights, future and freedom. The key to a successful defense is early retention of your Mesa drug defense lawyer.

Top drug defense lawyers, criminal attorneys, and Marijuana lawyers know which defenses to use to most effectively defend your Marijuana sales charges. Defenses and the law should not "secrets" only to be shared if you retain that criminal defense attorney. Every situation is different and carries its on set of circumstances, but Marijuana sales charges can and do get dismissed even if it seems like the odds are against you. An experienced criminal attorney will do everything possible to get your charges dismissed, use every defense possible to challenge the evidence and get the charges dropped, reduced, or the best possible outcome in your case. For more information about specific defenses that Marijuana defense attorneys use visit http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1651190.html.

For more information about defending your Arizona Marijuana charges visit http://www.arizonacriminaldefenselawyer.com If you have been charged with any Arizona Marijuana possession, Marijuana sales, Marijuana cultivating, Marijuana manufacturing, Marijuana distribution, Marijuana importation, Marijuana transport, Marijuana trafficking, Marijuana smuggling, Marijuana possession with intent to sell, or any other Drug charges, Felony Drug, Dangerous Drug, Narcotics, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Arizona DUI, Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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

October 11, 2010

"A good Mesa DUI defense attorney will investigate to determine if the police met the standard of 'probable cause for arrest'. If not, an experienced Mesa DUI defense Attorney will aggressively challenge the arrest and present compelling arguments necessary to lead to a dismissal of your Mesa DUI charges."

If you were arrested in Mesa AZ for DUI, you should consult a Mesa DUI Attorney or criminal attorney who defends cases often in Mesa through the criminal justice system. Most qualified Mesa criminal attorneys and DUI defense attorney who defend DUI charges in Mesa AZ provide free consultations. They should give you helpful information about your charges, and defense options.

Probable Cause for Arrest in Mesa AZ
From a defense standpoint, your Arizona DUI Attorney may be able to get your Arizona DUI dismissed by using one, more or a combination of defenses. One common defense is "No Probable Cause for Arrest". By law, the police must have "reliable information which "would lead a reasonable person to conclude that criminal activity has been or is being committed prior to the arrest". Unless probable cause exists, the arrest is unconstitutional and therefore invalid. The fourth amendment of the United States Constitution specifically requires among other things, that arrests and arrest warrants be supported by Probable Cause". Note "probable cause to arrest" carries a higher standard than "reasonable suspicion to stop" or detaining a driver for DUI or other questioning.

Probable Cause | What it Means
Probable cause means the police need to have actual evidence and facts including but not limited to such evidence as field sobriety tests, breath tests, and/or chemical tests results based on the circumstances. The law enforcement official needs to have "enough to cause a reasonable person to believe that a crime has been committed." The Mesa judge and Court need to hear this actual evidence and the specifics that led to your Mesa arrest. Assumptions, accusations, opinions, biased unsubstantiated conclusions, and evidence that can not be measured is not acceptable or probable cause for an arrest. A good Mesa DUI defense attorney will investigate to determine if the police met the standard of probable cause for arrest. If not, an experienced Mesa DUI defense Attorney will aggressively challenge the arrest and present compelling arguments necessary to lead to a dismissal of your DUI charges.

Mesa DUI Penalties
The Arizona State Laws apply to DUI Charges in all jurisdictions in Arizona, including Tempe AZ, Phoenix AZ, Gilbert AZ, Mesa AZ, Chandler AZ, Scottsdale AZ, Maricopa County or any other city Arizona. Arizona DUI laws are strict and penalties are among the most severe in the United States.

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, probation, counseling, and any other penalties the Mesa AZ court deems necessary. The sentencing is based a based on a host of factors including but not limited to criminal history; first time or repeat offense; misdemeanor DUI or felony DUI; aggravated factors surrounding the DUI including DUI with accident or injury, drunk driving with a person aged 15 or younger; other offenses charged at the time of the DUI arrest, and other factors.

Arizona DUI - Defenses
It is important to understand that an Arizona DUI charge is not a conviction. You can challenge your DUI charges. This is best done by retaining good DUI defense Lawyer in Arizona you can fight your charges, challenge the evidence to try to get your case dismissed, charges reduced, or otherwise a better outcome in your case, than if you have not hired an attorney.

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.

Defense strategies are determined by your qualified Arizona DUI Attorney who will be defending your case. An experienced DUI defense Attorney will strategically choose the appropriate defenses based the particular circumstances surrounding your Mesa DUI charges and arrest. Your Arizona DUI lawyer will present it with compelling arguments to the judge, Mesa Court, prosecution through the proper legal channels and criminal justice system.

DUI Defense Attorney Arizona and the Criminal Justice System

Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome with the retention of a good Arizona Criminal Defense or DUI Attorney increase drastically. Many people consider the Mesa Arizona criminal justice system and Mesa Court to be a maze of complex rules, guidelines, and protocols. You will need an experienced Arizona criminal defense attorney or Arizona DUI lawyer who regularly defends Arizona DUI charges through the criminal justice and court systems. A good Arizona DUI Lawyer will investigate, examine all evidence, build a strong defense challenge charges and the evidence, attend Motor Vehicle Hearings, Arraignments, Pre-trial Conferences, Suppression or Evidentiary Hearings, defend you at trial if a trial is needed and you have arranged in advance for your attorney to do the trial. In sum, the best Arizona DUI attorneys will 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 Mesa, Scottsdale, Phoenix, 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.

October 10, 2010

Phoenix Drug DUI Lawyer | Criminal Defense

"Early retention of an experienced Drug DUI attorney is one of the keys to a winning defense."

BAC 0.00 DUI arrest Prescription Drugs, Drug DUI
If you were arrested for drug DUI charges or prescription drug DUI charges in Phoenix, AZ, you should contact an experienced DUI, Drug DUI or criminal defense attorney who defends drug DUI cases in Arizona as soon as possible. These charges are very serious, and are some of the toughest in the country.

If you test positive for drugs in Phoenix AZ, charges fall under the rule of Arizona State Laws and the processes of the Arizona Criminal Justice System. The mere presence of a drug found in your system is enough for AZ police to charge you, if the officer believes that drugs impaired your driving "to the slightest degree." Prescription DUI charges and Drug DUI charges and penalties are very similar to alcohol DUI according to Arizona State Law for purposes of conviction and sentencing. The exception to this would be if the drugs involved were dangerous, illegal, or controlled substances. This factor would bring cause for harsher sentencing if convicted as well as additional charges.

Drug DUI Laws Phoenix AZ
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 A.R.S. 13-3401.

Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict. It makes no difference if it is a prescribed drug is legally prescribed medication by a licensed physician A.R.S. 28-1381 3.B. or illegal dangerous drugs as defined in A.R.S. 13-3401. Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
"A.R.S. 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."
"A.R.S. 13-3401. Chapter 34 Beginning with DRUG OFFENSES 13-3401 Definitions..."
(Cited in Part: Arizona State Website azleg.state.az.us/ars/28/01381)

Prescription Drug DUI, Drug DUI Defense
If you have been charged with drug dui in Phoenix AZ, or prescription drug DUI in Phoenix Arizona, you will need to hire a good Arizona Criminal Defense, DUI or Drug DUI defense Attorney who defends DUI and drug DUI in Arizona on a regular basis. It takes education, training, special skills related to toxicology, litigation Experience and forensic tools needed to challenge Drug DUI charges in Arizona. It is highly recommended that you not go without good Arizona Legal Representation or AZ Defense for Drug DUI, or prescription drug DUI by a Criminal Defense Attorney who defends Drug DUI charges often in Phoenix, Arizona through the Arizona Criminal Justice system and in Phoenix Court. If you try to take on the monumental task fighting through the maze of the Arizona Criminal Justice system, challenging toxicology evidence, building a defense strategy, filing motions, conducting hearings, and all that goes with it, your charges will most likely end up in a swift conviction.

A qualified defense attorney who defends Drug DUI charges in Phoenix Arizona will make sure your Constitutional rights have not been violated, examine the evidence, challenge the evidence, and determine the best defense strategies to use based on the circumstances in your case in order to get you the best outcome possible for your Phoenix DUI charges in Arizona. Early retention of an experienced Drug DUI attorney is one of the keys to a winning defense.

If you have been charged with any Phoenix 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, 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 visit http://www.arizonacriminaldefenselawyer.com
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.

October 9, 2010

Mesa DUI Attorney

"You have the right to fight your Mesa DUI through the criminal justice system. A good Mesa DUI defense Lawyer will challenge the evidence, build a defense, and attempt to get your charges dismissed, or reduced. In any event, you will usually get a much better outcome with a Mesa DUI defense attorney, than if you go without qualified private DUI legal representation."

Mesa DUI laws are strict and Mesa DUI Penalties are some of the most 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. If you have been arrested in Mesa for DUI you should consult a Mesa Criminal Attorney or Arizona criminal defense attorney who defends DUI charges in the Mesa Court and criminal justice system frequently.

The Arizona State DUI 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 cities and counties within the State of Arizona's jurisdiction.

Arizona DUI Penalties
A DUI conviction of any kind can have 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 (see below), court ordered ignition interlock devices to be installed in your vehicle at your expense, counseling, probation and whatever the Court deems necessary and appropriate for your situation. If you are convicted the factors considered in sentencing include but are not limited to the following:

• Type of DUI (misdemeanor DUI or felony DUI)
• 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

*Arizona DUI Jail Sentencing Minimum Guidelines

Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties or punishments that apply for Mesa DUI convictions. References are 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
.
After an Arizona DUI Arrest
In general what follows a Mesa 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 who defends DUI charges in Mesa AZ or Mesa 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
6) Sentencing

*Although the number fluctuates, statistics show that in Maricopa County only about 2% to 3% of DUI cases ever go to trial. The remaining cases are either

Arizona DUI Defenses
An Arizona DUI charge is not a conviction. You have the right to fight your Mesa DUI through the criminal justice system. A good Mesa DUI defense Lawyer will challenge the evidence, build a defense, attempt to get your charges dismissed, reduced. In any event, you will usually get a much better outcome with a Mesa DUI defense attorney, than if you go without qualified private DUI legal representation.

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
Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome with a good Mesa Criminal Defense or Mesa DUI Defense Lawyer increase drastically. Some feel that the Mesa Arizona court and criminal justice system are a maze of strict rules, guidelines, and protocol. You will need strong DUI legal representation, such as an experienced criminal defense attorney or DUI lawyer who regularly defends Arizona DUI charges in Mesa AZ.

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 and 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 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, Scottsdale, Phoenix, 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.

October 8, 2010

"A good Tempe DUI defense attorney will investigate to determine if the police met the standards needed for "probable cause". If not, an experienced Tempe DUI defense Attorney will aggressively challenge the arrest and present compelling arguments necessary to lead to a dismissal of your DUI charges."

If you were arrested in Tempe AZ for a DUI, you should consult a Tempe DUI Attorney or Tempe criminal attorney who defends cases often in Tempe Court through the criminal justice system. Most qualified Tempe criminal attorneys and Tempe DUI defense attorney who defend DUI charges provide free consultations. They should give you helpful information about your Tempe DUI charges, and defense options.

Probable Cause for Arrest | Tempe DUI
From a Tempe DUI defense standpoint, your Tempe DUI Attorney may be able to get your Tempe, AZ DUI dismissed by using one, more or a combination of strategic defenses. One common defense is known as "No Probable Cause for Arrest". By law, the police must have "reliable information which would lead a reasonable person to conclude that criminal activity has been or is being committed prior to the arrest". Unless probable cause exists, the arrest is unconstitutional and therefore invalid.

Probable Cause | What it Means
The fourth amendment of the United States Constitution requires among other things, that arrests and arrest warrants be supported by Probable Cause. Note that "probable cause to arrest" is a higher standard than "reasonable suspicion to stop" or detaining a driver for DUI or questioning.

Probable cause means the police need to have real evidence and actual facts including but not limited to field sobriety tests, breath tests results, blood tests results, urinalysis tests results or chemical tests results and served the Tempe Police to feel they had justifiable evidence "enough to cause a reasonable person to believe that a crime has been committed." The Tempe Judge and Court need to hear this actual evidence and the specifics that gave cause for your arrest. Assumptions, suspicions, accusations, opinions, biased unsubstantiated conclusions, or evidence that can not be measured is not acceptable and does not meet the standard of "probable cause for an arrest". A good Tempe DUI defense attorney will investigate to determine if the police met the standards needed for "probable cause". If not, an experienced Tempe DUI defense Attorney will aggressively challenge the arrest and present compelling arguments necessary to lead to a dismissal of your DUI charges.

Arizona DUI Penalties
The Arizona State Laws apply to all DUI Charges throughout all cities considered to be under the jurisdiction of Arizona law. This includes Tempe AZ, Phoenix AZ, Chandler AZ, Tempe AZ, Mesa AZ, Gilbert AZ, Scottsdale AZ, Maricopa County and most all cities, towns and counties in Arizona. Arizona DUI laws are strict and penalties are among the most severe in the United States.

A Tempe DUI conviction can have negative impacts on your life, including but not limited to job suspension, job loss, or loss of future job opportunities, loss of driver's license, costly fines and fees, mandatory jail or prison terms, court ordered ignition interlock devices to be installed in your vehicle at your expense, probation, treatment or counseling, and any other penalties the Tempe AZ court deems necessary based on the circumstances surrounding your charges.

Sentencing for a conviction is based on a host of factors including but not limited to your past criminal record; first time or repeat offense; misdemeanor DUI or felony DUI; aggravated factors surrounding the DUI including DUI with accident or injury, drunk driving with a person aged 15 or younger; other offenses charged at the time of the DUI arrest; and many other variables surrounding your Tempe DUI charges and Tempe DUI arrest.

Scottsdale Arizona DUI Defenses
Note, just because you were charged with a Tempe DUI does not mean you are or will be convicted of that offense. Simply put, a charge is not a conviction. Tempe DUI charges can be challenged. This is best done by retaining good Tempe DUI defense Lawyer in Arizona who can fight your charges, challenge the evidence to try to get your case dismissed, charges reduced, or otherwise a better outcome in your case, than if you have not hired an attorney. One key to a winning defense is early retention of your DUI defense attorney.

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 best defense strategy for your Tempe DUI charge will be determined by your qualified Arizona DUI Attorney defending your case. An experienced DUI defense Attorney will strategically choose the appropriate defenses based the particular circumstances surrounding your Tempe DUI charges and arrest, after obtaining and examining all the evidence and facts. Your Tempe DUI lawyer will present compelling arguments to the judge, Tempe Court, prosecution through the proper legal channels and criminal justice system.

DUI Defense Attorney Tempe | Criminal Justice System
Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome drastically increases with the retention of a good Tempe AZ Criminal Attorney, or Tempe DUI Attorney. Many people consider the Tempe Arizona criminal justice system and Tempe Court to be a maze of complex rules, guidelines, and protocols. You will need an experienced Tempe criminal attorney or Arizona DUI lawyer who regularly defends Tempe DUI charges through the criminal justice and court systems. A good Tempe DUI defense Lawyer will investigate, examine all evidence, build a strong defense challenge charges and the evidence, attend Motor Vehicle Hearings, Arraignments, Pre-trial Conferences, Suppression or Evidentiary Hearings, defend you at trial if a trial is needed and you have arranged in advance for your attorney to do the trial. In sum, the best Tempe DUI attorneys will 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 Tempe, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Tempe, Mesa, Phoenix, Scottsdale, Gilbert, Chandler 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

October 7, 2010

Marijuana Attorney Tempe | Criminal Defense

"A good Tempe Marijuana Attorney, AZ criminal defense, or drug defense attorney in Arizona will know what defenses to use to challenge the prosecution's case against you to get the best possible outcome in your Marijuana case".

A Tempe drug charge is not a conviction. You have a chance to fight and challenge your Marijuana charges with a qualified Marijuana Sales Defense Attorney. With a good Drug defense lawyer your chances of getting your charges dismissed, reduced, or good outcome in your case significantly increase. You have a constitutional right to retain a criminal Attorney. A good Tempe Marijuana Attorney, AZ criminal defense, or drug defense attorney in Arizona will know what defenses to use to challenge the prosecution's case against you to get the best possible outcome in your case. The best Tempe Marijuana attorneys will do everything possible to try to get your charges dismissed or reduced, protect your rights, future and freedom. The key to a successful defense is early retention of your Tempe Marijuana attorney.

The best drug defense lawyers, criminal attorneys, and Marijuana lawyers know which defenses to use to most effectively defend your Marijuana sales charges. Every situation is different and carries its on set of circumstances. But Marijuana sales charges can and can sometimes get dismissed even if it seems like the odds are against you. An experienced criminal attorney will do everything possible to get your charges dismissed, use every defense possible to challenge the evidence and get the charges dismissed, reduced, or the best possible outcome in your case. Defense your Marijuana defense attorney can you should not be a secret. There is no magic, and no crystal ball. It simply a matter of using the criminal justice system and your constitutional rights in your favor and being defended by an attorney who can present your defense case with compelling arguments on your behalf through the proper legal channels.

For more information about specific defenses that Marijuana defense attorneys use to challenge Marijuana Sales Charges visit the following website and web page:
http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1651190.html.

Tempe Marijuana Charges
You will need to contact a Tempe AZ Marijuana attorney or drug defense lawyer who defends cases frequently in Tempe AZ courts through the criminal justice system. If you have been charged or arrested in Tempe, AZ for Marijuana (pot, cannabis, or weed) possession, sales, cultivation, import, trafficking, smuggling, and possession with intent to sell, or any other Marijuana charges as soon as possible. These are very serious charges in Tempe AZ. Some of the best Marijuana attorneys and drug defense lawyers in Tempe provide free consultations, and will be able to provide you with insight concerning the charges, and penalties, and discuss you defense options.

Tempe AZ Marijuana, pot, cannabis, or weed is the most common of all drug offenses Arizona. However, this does not reduce the serious nature of sentencing and punishment if you are convicted. Tempe, AZ is tough on drug crimes. Sentencing is harsh for convictions. Penalties include jail or prison, exorbitant fees and other penalties for Marijuana sales, possession with intent to sell, Marijuana cultivation, Marijuana import or transport, Marijuana trafficking, or Marijuana smuggling,

Tempe Marijuana Sales Laws:
Arizona Marijuana sales laws are strict, and penalties extremely harsh. They are defined, and specifically classified under the State of Arizona's Criminal Law cited below. If you were arrested or charged with Marijuana Sales Charges in Tempe AZ, Phoenix AZ, Chandler AZ, Gilbert AZ, Mesa AZ, Scottsdale 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 code. So you should consult an Arizona criminal attorney or Marijuana Drug Attorney who defends cases in the Arizona city for which you were charged to discuss your charges and defense options. You will need a good Marijuana Attorney to defend these serious charges.

"Arizona Revised Statutes (A.R.S.) - Title 13 Criminal Code - Chapter 34 DRUG OFFENSES...13-3405 Possession, use, production, sale or transportation of marijuana; classification...

A. A person shall not knowingly: ...

2. Possess marijuana for sale.

3. Produce marijuana.

4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana...."

Tempe Marijuana Sales Penalties
Marijuana sale convictions in Tempe carry minimum prison sentences ranging from 1 to 5 years, In addition to prison time you will face exorbitant fines, starting $750 to $150,000.00.

Below is a list of some factors considered in sentencing through the criminal justice system for a Tempe Marijuana sales charge conviction. This list is not all inclusive.
• Quantity of marijuana involved in the sale or possession with intent to sell.
• If the prosecution can prove that amount of marijuana was over the statutory threshold of two pounds;
• Prior criminal record;
• First time offender or repeat offense;
• Weapon (s) involved;
• Selling or attempting to sell the drugs to a minor;
• Injury or death of a person (s) involved with the drug sale;
• Any other aggravating or extenuating circumstances.

For more information about defending your Arizona Marijuana charges visit http://www.arizonacriminaldefenselawyer.com If you have been charged with any Arizona Marijuana possession, Marijuana sales, Marijuana cultivating, Marijuana manufacturing, Marijuana distribution, Marijuana importation, Marijuana transport, Marijuana trafficking, Marijuana smuggling, Marijuana possession with intent to sell, or any other Drug charges, Felony Drug, Dangerous Drug, Narcotics, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Arizona DUI, Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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

October 6, 2010

Drug DUI Lawyer | Criminal Defense AZ

"Early retention of an experienced Drug DUI attorney is one of the keys to a winning defense."

If you were arrested for drug DUI charges or prescription drug DUI charges in Arizona you should contact an experienced DUI, Drug DUI or criminal defense attorney in Arizona as soon as possible. These charges are very serious, and are some of the toughest in the country.

If you test positive for drugs and are subject to drug DUI charges under the Arizona State Laws and the processes of the Arizona Criminal Justice System. The mere presence of a drug found in your system is enough for AZ police to charge you, if the officer believes that drugs impaired your driving "to the slightest degree." Prescription DUI charges and Drug DUI charges and penalties are very similar to alcohol DUI according to Arizona State Law for purposes of conviction and sentencing. The exception to this would be if the drugs involved were dangerous, illegal, or controlled substances. This factor would bring cause for harsher sentencing if convicted as well as additional charges.

Drug DUI Laws 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 A.R.S. 13-3401.

Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict. It makes no difference if it is a prescribed drug is legally prescribed medication by a licensed physician A.R.S. 28-1381 3.B. or illegal dangerous drugs as defined in A.R.S. 13-3401. Below are portions of the Arizona DUI drug laws:
Arizona Revised Statutes

A.R.S. 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."

"A.R.S. 13-3401. Chapter 34 Beginning with DRUG OFFENSES 13-3401 Definitions..."
(Cited in Part: Arizona State Website azleg.state.az.us/ars/28/01381)
Prescription Drug DUI, Drug DUI Defense

If you have been charged with drug dui in AZ drug DUI or a prescription drug DUI in Arizona, you will need to hire a good Arizona Criminal Defense, DUI or Drug DUI defense Attorney who defends DUI and drug DUI in Arizona on a regular basis. It takes education, training, special skills related to toxicology, litigation Experience and forensic tools needed to challenge Drug DUI charges in Arizona. It is highly recommended that you not go without good Arizona Legal Representation or AZ Defense for Drug DUI, or prescription drug DUI. If you try to take on the monumental task fighting through the maze of the Arizona Criminal Justice system, challenging toxicology evidence, building a defense strategy, filing motions, conducting hearings, and all that goes with it, your charges will most likely end up in a swift conviction. A qualified defense attorney will make sure your Constitutional rights have not been violated, examine the evidence, challenge the evidence, and determine the best defense strategy to use based on the circumstances in your case. Early retention of an experienced Drug DUI attorney is one of the keys to a winning defense.

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.

October 5, 2010

Phoenix Extreme DUI

"Defending an Extreme DUI in Phoenix, AZ requires the litigation skills of an experienced DUI lawyer who defends DUI charges frequently in Phoenix AZ Court."
Phoenix Extreme DUI Penalties

A Phoenix DUI in Arizona is classified as an "Extreme DUI" when a driver's Blood Alcohol Content (BAC) Level is more than 0.15%. The Phoenix police usually determine this by means of a breathalyzer test or blood 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 incarceration additional penalties may include fines and fees, probation, court ordered use of ignition interlock device on your vehicle, loss of your driving privileges and any other punishments the court deems necessary and appropriate based on your circumstances. Other adverse indirect consequences may include loss of job or future job opportunities, a criminal record, effects on your family, freedom and future.

Phoenix Extreme DUI Defenses
Defending an Extreme DUI in Phoenix, AZ requires the litigation skills of an experienced DUI lawyer who defends DUI charges frequently in Phoenix AZ Court on a regular basis. 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 ©"#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
Phoenix 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 Phoenix, 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 Phoenix DUI lawyer, who defends cases in Phoenix AZ on a regular basis. Some defendants make the mistake of going at it alone without good private practice DUI Attorney who defends DUI charges in Phoenix. With all do respect, unfortunately, you will find that is the quickest way to get a conviction. It makes it easy on the prosecution to make their case stronger and cause you to incriminate yourself further. Also, there may be important evidence that perhaps seemed meaningless to you, but could make a material difference in the outcome of your case. A good Phoenix DUI defense Attorney will recognize and use it to your favor. There are deadlines, motions to file, conferences hearings, settlement negotiations, and strict court protocol that must be adhered to. It can be an overwhelming maze to get through without an experienced phoenix DUI attorney who deals with it on a daily basis.

With legal representation of a Phoenix extreme DUI defense attorney, Attorney your chances of getting evidenced suppressed, charges reduced, a complete dismissal of charges or other good outcome on your case drastically increase. A Phoenix DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with constantly changing DUI laws, the Phoenix, AZ Court system, determining what the best defense strategy should be to defend your case. Remember the police and prosecution will be a doing everything they can to build a case against you. 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, protect your constitutional rights, and educate and present your defense to the judge, prosecutors, and or jury.

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). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, AZ 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.

October 4, 2010

Weapon Charges Scottsdale AZ Criminal Defense Attorney

"Most of the best criminal attorneys who defend weapon charges in Scottsdale AZ will provide a free consultation. You can discuss your charges, potential penalties if convicted and defense options."

Weapon Charges in Scottsdale AZ
Scottsdale AZ weapons charges and Gun charges are commonly coupled with other criminal offenses that occur involving the weapon or 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 Scottsdale AZ you should consult an experienced AZ Criminal Defense attorney who defends weapons charges frequently in Scottsdale AZ court and the Scottsdale criminal justices system. Most of the best criminal attorneys who defend weapon charges in Scottsdale AZ will provide a free consultation. You can discuss your charges, potential penalties if convicted and defense options. Scottsdale convictions for a felony weapon charges carry harsh sentencing, and usually include jail or prison terms.

Some of the more serious felonies that involve weapons for which sentencing will be harsh 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

Below are types of stand alone Scottsdale 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

Scottsdale AZ Weapons and Firearms 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 Scottsdale AZ
There are many different types of weapon charges, and circumstances that can involve weapons or gun charges. Weapon charges in Arizona 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, 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, Gun Charges Defense Lawyer Scottsdale AZ
It is risky to attempt to defend yourself without a qualified criminal defense attorney in Scottsdale Court or through the Criminal Justice System in Scottsdale AZ criminal justice system. Due to their potentially serious nature and penalties if convicted you should consult a Scottsdale AZ criminal defense, weapon's charge defense attorney or attorney who defends weapon charges often in Scottsdale criminal justice system and Scottsdale courts, if you have been charged or arrested for any weapon charge.

Your Scottsdale, AZ criminal defense attorney will be the barrier between you and the police and prosecution. A good Scottsdale 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 Scottsdale AZ. Retaining a good criminal attorney who defends weapons charges frequently in Scottsdale AZ Court through the Scottsdale 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 Scottsdale, Phoenix, Gilbert, Tempe, Mesa, Chandler 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.

October 2, 2010

Drug Possession Attorney Scottsdale, AZ

"How top criminal attorneys in Scottsdale use the Arizona Criminal Justice system and AZ drug laws to defend you"

AZ drug laws are comprehensive and strict. If you were arrested in Scottsdale AZ for drug possession charges you should consult a criminal defense Attorney who frequently defends drug charges in Scottsdale Court as soon as possible. A good criminal attorney who defends cases in Scottsdale, AZ should provide you with information concerning your rights, drug laws, and drug penalties if convicted. One key to a good outcome for your drug possession charges in Scottsdale, such as a dismissal, reduced charges or other favorable outcome is early retention of a good criminal defense Attorney who defends charges in Scottsdale frequently.

Basically, 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 Scottsdale Police use to determine if your drug possession charges in Scottsdale 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 Scottsdale 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 Scottsdale or charged with drug possession charges in Scottsdale 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 Attorney. There are many defenses that exist and can be effectively used by a good private practice Scottsdale 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 criminal defense attorneys in Scottsdale use the Arizona 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 Scottsdale 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 Scottsdale 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 Scottsdale 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, Scottsdale AZ, Chandler, 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 - Scottsdale Criminal Defense
Your best chance of getting a good outcome in your case is to hire a good private practice criminal defense or drug defense attorney who defends drug possession charges regularly in Scottsdale 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 Scottsdale, AZ.

You should choose an attorney who is assertive, proactive, effective, and familiar with the many drug possession laws and criminal defenses that can be used. A good Scottsdale AZ criminal defense attorney will examine all the evidence and build a strong defense case against the prosecution's case based on the facts surrounding your drug possession charges and drug possession arrest. 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 Scottsdale 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 you 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, Scottsdale AZ, Chandler AZ, Mesa AZ, Gilbert AZ and other surrounding cities within Maricopa County Arizona valley-wide.

October 1, 2010

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

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

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

A. A person shall not knowingly:

1. Possess or use marijuana..."

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

The Arizona Sentencing and Punishments vary depending on several factors including but not limited to the following:
• Quantity of Marijuana found in your possession
• The purpose or intended purpose of the Marijuana found in your possession.
• Your Criminal record or criminal history
• First time or repeat Marijuana possession offense
• Strength of the prosecutions evidence of the Marijuana charges
• Any admissions of guilt made by you.

AZ Marijuana Possession Defense Lawyer
You should contact an Arizona Marijuana possession defense Attorney or Arizona criminal defense lawyer who is defends these types of charges on a regular basis. A good Arizona Criminal Defense Attorney will immediately begin building a case in your defense. They will investigate further to and then determine if the charges are justified, then challenge any evidence the AZ prosecution has against you. A private Arizona criminal defense or Marijuana possession lawyer will make sure your constitutional rights have not been violated, which occurs often in the case of searches and seizures of the drugs by police. Your Marijuana defense attorney will make sure you are treated fairly, and do everything possible to get your charges dismissed or reduced to lesser charges. With the defense of a good Arizona Marijuana possession attorney your chances of dismissal, reduction of charges or the best possible outcome in your case increase significantly.

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

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