December 2010 Archives

December 29, 2010

CHANDLER CRIMINAL DEFENSE FOR ROBBERY CHARGES

How Top Rated Criminal Attorneys Defend Chandler Robbery and Armed Robbery Charges

Chandler AZ Robbery or Armed Robbery Charges
Chandler robbery and armed robbery offenses are prosecuted very aggressively. If you face active charges or were arrested in Chandler, AZ for robbery or armed robbery you should consult an experienced Arizona criminal defense attorney who defends cases in the Chandler Court as soon as possible to defend your charges.

The difference between burglary and robbery is that the act of burglary is an offense of forced entry or unlawful entering a building, residence, business or vehicle with the intent to commit or comment a felony theft within the structure.

All Chandler Arizona robberies or armed robberies are charged as felonies. A crime is considered a robbery when the accused uses force, intimidation, or fear as a means of taking control of certain property from someone.

Armed Robbery is the same as robbery, with the added factor of the accused being armed with a weapon such as a firearm, or other weapon to gain control of the property from a person or place. Many objects can constitute a weapon and fall within the category of "armed robbery". For example a broken glass bottle, a baseball bat, knife, or other objects which may or may not have been made for its intended use as a weapon.

Chandler Robbery or Armed Robbery Penalties
Arizona Robbery and armed robbery charges must be taken serious. The penalties are severe and convictions treated with harsh sentencing by the Chandler courts.
If you are convicted of a "dangerous crime" (this is the case if a dangerous weapon is involved or used) the judge will order mandatory prison terms. If weapons are involved, someone is harmed, or even imminent threat of harm occurred, penalties can be doubled form the normal non-dangerous felony sentence range. Robbery sentencing carries a wide minimum and maximum range from 1 year up to 21 years or more in prison depending on the circumstances of each criminal count charged for the incident. Other fines, fees, restitution, or any other punishments the court deems necessary on top of minimum penalties may apply.

Arizona Laws -Robbery and Armed Robbery
Charges of robbery or armed robbery in Chandler AZ fall under the authority of Laws, Classifications, Definitions, Penalties and Sentencing of the State of Arizona Laws:
Arizona Revised Statutes (A.R.S.) Title 13, Chapter 19, Robbery begins with the following citations:

A.R.S. §13-1901 Definitions:
In this chapter, unless the context otherwise requires: 1. "Force" means any physical act directed against a person as a means of gaining control of property. 2. "In the course of committing" includes any of the defendant's acts beginning with the initiation and extending through the flight from a robbery. 3. "Property of another" means property of another as defined in section 13-1801. 4. "Threat" means a verbal or physical menace of imminent physical injury to a person.

A.R.S. §13-1902. Robbery; classification
A. A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will; such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property. B. Robbery is a class 4 felony.

A.R.S. §13-1903 Aggravated Robbery
A. A person commits aggravated robbery if in the course of committing robbery as defined in section 13-1902, such person is aided by one or more accomplices actually present. B. Aggravated robbery is a class 3 felony.

A.R.S. §13-1904 Armed Robbery
A. A person commits armed robbery if, in the course of committing robbery as defined in section 13-1902, such person or an accomplice: 1. Is armed with a deadly weapon or a simulated deadly weapon; or 2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon. B. Armed robbery is a class 2 felony.

Arizona Robbery or Armed Robbery Defense Tactics | Criminal Defense Attorney AZ
If you are under investigation, been arrested, have active charges of Robbery or Armed Robbery in Arizona, you should immediately consult an Arizona criminal defense or Arizona Robbery or Armed Robbery lawyer to discuss your situation and defense options. You should not discuss your case the police or investigators before consulting a good criminal defense attorney or Robbery or Armed Robbery lawyer in Arizona. Anything you say can be held against you and jeopardize your defense. You should remain silent and politely request to speak with your criminal attorney as soon as possible.

Top Arizona criminal attorneys or Robbery or Armed Robbery defense Attorneys may use a multitude of defenses depending on the circumstances surrounding your Chandler robbery charges or arrest. Below are just a few examples of defenses a good Chandler criminal attorney might use as tactical defense strategies for robbery charges (This list is not inclusive):

• There are generally only a few witnesses to a robbery or armed robbery if any besides the victim. A good robbery or armed robbery defense attorney will challenge the State and make them prove the identity of their suspect, and thus be able to weaken the Chandler prosecution's case against you.
• You have constitutional rights under both State and Federal Law. If any of them were violated, evidence may be suppressed or even lead to charge dismissal.
• Experienced Attorneys, particularly former prosecutors, have critical insights into police procedures, protocol, prosecution tactics and strategies that may be used by police and prosecutors. Those attorneys will be able to use that knowledge to assist in defending your case, getting evidence dismissed, charges reduced, or robbery charges dismissed if proper procedures were not followed or misconduct by police occurred.
• Experienced robbery defense attorneys will challenge evidence such as surveillance tapes to with regard to whether or not it was in fact the right person arrested.

In sum, robbery or armed robbery charges in Chandler are dangerous to go at alone and try to defend yourself. In theory, the law is that you are innocent until proven guilty. But in practicality, without a good Chandler criminal defense attorney, the criminal justice system will not look for your innocence, flaws in the prosecutions case, see strength in your arguments, or provide you will any empathy or favor. Conviction is imminent.

The job of the Chandler prosecution on behalf of the state of Arizona is to convict you, not help you. With an experienced criminal defense attorney or robbery defense lawyer you will have a voice that is heard in the system, with compelling arguments, defense strategies, and an increased chance of getting your robbery charges dismissed, reduced, or otherwise the best outcome in your case.

Continue reading "CHANDLER ROBBERY ATTORNEY | ROBBERY LAWS | ROBBERY PENALTIES" »

December 28, 2010

CRIMINAL ATTORNEY GILBERT

You have protected rights under both Federal and Arizona State Constitutions. Be careful not to unknowingly or otherwise waive any of your rights, without the presence and guidance of an experienced Gilbert criminal defense attorney or Gilbert DUI Lawyer.
If you were arrested in Gilbert for a DUI or face criminal charges in Gilbert, you should consult a Gilbert criminal defense Attorney or DUI lawyer who defends cases often in Gilbert Court. Along with litigation experience, knowledge of the constantly changing laws, and Gilbert criminal justice system, your Criminal Attorney or DUI lawyer must be familiar with what defenses to use that will be most effective in attempting to get your charges dismissed, reduced or the otherwise best outcome in your case.

Arrested in Arizona: What Happens After an Arrest?

• Legality of the Arrest - In order for an Arizona arrest to be legal, the police must have "Probable Cause". This means that the officer has reasonable belief that a crime was committed by you. If so, you will be arrested and taken into Gilbert police custody. An arrest does not automatically mean you are or will be convicted.
• Booking - Fingerprints and photograph or what some call "mug shot" will be taken. The police will ask you some Identification questions, research any past criminal convictions, and determine if you were on probation or parole at the time of your arrest.
• Arraignment - This is the initial Gilbert court appearance. At this stage you will be formally charged, (but not convicted) and the processing of your charges through the criminal justice system, and time-lines begin. Here you may plead 1) guilty, 2) not guilty, or 3) no contest (no contest is when you do not admit guilt on the charges, but you are advising the Arizona Court that you do not dispute the charge either).
• Resolution - 1) Charges dismissed; 2) negotiated plea agreement for reduced charge or sentencing; 3) Trial
• Sentencing - 1) If you are guilty or have agreed to a negotiated plea agreement you will receive sentencing or penalties by the Judge. The Arizona judge has complete discretion to order any sentence that falls within the sentencing range of the crime found guilty.

Gilbert Criminal Rights
You have protected rights both under Federal and Arizona State constitutions and law. It is important that you do not "waive" any of your protected rights without the presence of counsel or the advice of your Gilbert criminal attorney or Gilbert DUI lawyer. If you decide to waive any of your rights, you may harm your case that may prohibit you from using defenses or suppressing evidence against that otherwise could have used to attempt to get your Gilbert criminal or DUI charges dismissed or evidence suppressed in your defense. You are not required to assist the police in making its case stronger against you.

Some of the common rights you have are listed below and not all inclusive:
1) The right to remain silent;
2) The right to defense by an attorney;
3) The right not to answer questions without your criminal defense attorney present;
4) Your Miranda Rights must be read to you if you are arrested;
5) The right to enter a "Not Guilty" Plea;
6) The right to obtain and produce exculpatory (evidence favorable to your defense) evidence at trial;
7) The right to trial by jury;
8) The right to defend your criminal or dui charges before trial;
9) The right to avoid self-incrimination;
10) The right to cross-examine or confront a witness during trial who is testifying against you. It is highly recommended that you leave this to your qualified AZ criminal defense attorney with experienced litigation skills.

Criminal Defense Attorney Gilbert AZ
One of your most important rights of all is your right to retain a Gilbert criminal defense or Gilbert DUI defense lawyer. Your future and freedom depend upon this decision. The best Gilbert criminal attorneys and Gilbert DUI lawyers will advise you not to waive this right, particularly depending on the severity the charges. Some of the best attorneys in criminal and DUI lawyers in Gilbert provide free consultations. It would be prudent for you in the least to consult a Gilbert criminal or DUI defense lawyer to discuss your charges and defense options.

It is common knowledge that Arizona criminal and DUI laws and penalties are some of the toughest in the Country. It is unwise to go through the Gilbert Arizona criminal justice system and through the Arizona Court processes without good legal representation by a Gilbert criminal defense or DUI lawyer in Arizona who defends cases frequently in Gilbert. If you go unrepresented it makes the prosecution's job easier and is a fast track to a conviction. The Gilbert criminal justice system is a vast maze of procedures, time-lines and protocol that a good criminal defense or DUI attorney deals with every day. Also, without a qualified attorney you also, risk the chance of saying or doing something that will unknowingly harm your case.

There is no substitute for an experienced Arizona criminal attorney skilled in litigation. A good Gilbert criminal Attorney or DUI lawyer who defends cases often in Gilbert AZ will be able to gather and examine all the evidence, determine the best defenses to use based on your set of circumstances, and build a strong defense case against the prosecution on your behalf. Retaining a good criminal attorney for your Gilbert AZ criminal charges or Gilbert DUI will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.

Continue reading "Gilbert Arrest | Criminal Defense | Criminal Rights " »

December 27, 2010

GILBERT ATTORNEY BURGLARY DEFENSE TACTICS

How Top Gilbert Burglary Lawyers fight burglary charges in Gilbert AZ
Gilbert Burglary Charges

If you have been arrested or charged but not yet convicted of a burglary charge in Gilbert AZ, you should consult an experienced criminal defense attorney in Arizona or AZ burglary defense attorney who defends burglary charges frequently in Gilbert Courts as possible. These are extremely serious life altering criminal charges in Gilbert Arizona.

Gilbert AZ Burglary Penalties
The consequences of a Gilbert burglary conviction include but are not limited to lengthy jail or prison sentences, jail or prison time, property forfeiture, financial restitution to the victim, and a criminal record that can follow you for life. . In most cases the minimum sentencing begins with one year in state prison if convicted, and the incarceration time increases from there, depending on the circumstances surrounding your arrest and charges especially if a weapon, firearm or explosive was in your possession or used. Penalties within a range are based on many factors including but not limited to the following:

• Nature of property stolen
• Value of property stolen
• Damage due to forced entry
• Whether or not a weapon was used
• Type of weapon in your possession or used
• Whether the victim or anyone else was injured, harmed or killed during and caused by the incident.
• Repeat offenses carry harsher penalties
• Prior Criminal History

Gilbert Burglary Laws
Gilbert Burglary charges fall under authority of Arizona State Law. Arizona criminal law relating to burglary is strict. Burglary Laws in Arizona are described as the act of being in the process of or actually entering a building or other property with the intent to steal something or other criminal offense. According to Arizona Law you may be arrested or accused of burglary even under the following circumstances: 1) even if the personal residence, commercial property or building is not lock; 2) even if no one is on the property or home at the time; 3) even if nothing was actually taken or stolen from the property.

Arizona Revised Statutes, definitions, and classifications for burglary can be found in the following citations:
"A.R.S. 13-1506. Burglary in the third degree; classification
13-1507. Burglary in the second degree; classification
13-1508. Burglary in the first degree; classification
13-1505. Possession of burglary tools; master key; manipulation key; classification"

Burglary Defense Tactics | Gilbert Criminal Defense Attorney
If you are under investigation, been arrested, have active burglary in Gilbert AZ, you should immediately consult a Gilbert criminal defense or Gilbert burglary lawyer to discuss your situation and defense options. You should not discuss your case the police or investigators before consulting a good criminal defense attorney or burglary lawyer in Arizona. Otherwise, it can be used against you and potentially jeopardize your defense case. You should exercise your constitutional right to remain silent and request to speak with your Gilbert criminal attorney as soon as possible.

Top Arizona criminal attorneys or burglary defense lawyer who defends cases in Gilbert on a regular basis will utilize one, or a combination or other not listed below as defense tactics:

Determine if your constitutional rights were violated. If so, evidence may be suppressed or can even lead to dismissal of your burglary charges.
• Make sure you are treated fairly
• Investigate and gather evidence regarding the incident that led to arrest.
• Determine if you have an argument for consent to use the property
• Determine if you legal access to enter the building or property and the property you were accused of taking actually belonged to you and can be supported as such.
• Look for flaws in the evidence or prosecutions case.
• Lack of evidence including surveillance video
• Wrong Person on the surveillance video
• No witnesses
• In absence of evidence or witnesses, questionable character or justifiability of the allegation by the accuser.
• Determine strength and evidence the prosecution has against you and determine if there is justification for suppression of any of the evidence.
• Interview or depose witnesses and police.
• Determine if a defense or argument against your guilt "beyond a reasonable doubt" that you committed burglary. The standard in all Arizona DUI and Criminal cases in Arizona, require that a defendant must be proven guilty "beyond a reasonable doubt" to be convicted.
• Build a defense strategy based on the individual circumstances surrounding the incident.
• Use of any one, or a combination of Trial Defenses determined to be the most effective in your case by your Arizona burglary defense attorney
• Present compelling arguments and file motions based on the defenses that will be used in an effort to get your case evidence suppressed, charges reduced, obtain a complete dismissal of charges.
• Explore other legal remedies with the Arizona Court and Prosecution to get you the best possible outcome in your case.

You will need a strong defense to fight burglary charges in the Gilbert Criminal Justice System on your behalf. To retain a good criminal attorney or burglary defense attorney, will increase your chances of getting a dismissal, reduction in charges or the best possible outcome in your case. Early retention is the key to a successful criminal defense case

Continue reading "GILBERT BURGLARY CHARGES | BURGLARY LAWS | PENALTIES" »

December 22, 2010

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

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

Probable Cause for Arrest | Scottsdale DUI
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. With regard to defending a Scottsdale DUI, your Arizona DUI Attorney may be able to get your Arizona 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
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 Scottsdale judge and Court need to hear this actual evidence and the specifics that led to your Scottsdale 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 Scottsdale DUI defense attorney will investigate to determine if the police met the standard of probable cause for arrest. If not, an experienced Scottsdale 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
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 Scottsdale AZ court deems necessary.

Sentencing for a conviction 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 many other variables surrounding your Scottsdale DUI charges and Scottsdale DUI arrest.

Arizona DUI - Defenses
It is important to remember that just because you were charged with a Scottsdale DUI does not mean you are or will be convicted of that offense. Simply put, a 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.

The most effective defense strategy for your Scottsdale DUI charge will be 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 Scottsdale 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, Scottsdale Court, prosecution through the proper legal channels and criminal justice system.

DUI Defense Attorney Scottsdale | 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 Scottsdale or Scottsdale DUI Attorney, Many people consider the Scottsdale Arizona criminal justice system and Scottsdale 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 Scottsdale 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.

Continue reading "DUI ARREST | SCOTTSDALE DUI | CRIMINAL DEFENSE" »

December 21, 2010

Marijuana Attorney Gilbert
"The best Arizona 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 Gilbert drug defense lawyer."

Marijuana Attorney in Gilbert AZ | Criminal Defense
A Gilbert 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 Gilbert AZ criminal Attorney. A good Gilbert Marijuana Attorney, AZ criminal defense, or drug defense attorney in Arizona will challenge the prosecution's case against you. The best Arizona 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 Gilbert 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. 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.

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.

Gilbert Marijuana Charges
You will need to contact a Gilbert AZ Marijuana attorney or drug defense lawyer who defends cases frequently in Gilbert AZ courts through the criminal justice system. If you have been charged or arrested in Gilbert, AZ 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 Gilbert AZ. Some of the best Marijuana attorneys and drug defense lawyers in Gilbert provide free consultations, and will be able to provide you with insight concerning the charges, and penalties, and discuss you defense options.

Gilbert 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 convicted. Gilbert, 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,

Gilbert Marijuana Sales Laws:
Gilbert AZ Marijuana sales laws are very strict, and penalties extremely harsh. They are defined, and specifically classified under the State of Arizona's Criminal Law: So Marijuana Sales Charges in Gilbert AZ are 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...."

Gilbert Marijuana Sales Penalties
Marijuana sales convictions in Gilbert AZ, carry minimum prison sentences that range from 1 to 5 years, 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 Gilbert 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 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.

Marijuana Attorney in Gilbert AZ | Criminal Defense
A Gilbert 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 Gilbert AZ criminal Attorney. A good Gilbert Marijuana Attorney, AZ criminal defense, or drug defense attorney in Arizona will challenge the prosecution's case against you. The best Arizona 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 Gilbert 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. 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.

Continue reading "Gilbert Marijuana Sales Laws" »

December 20, 2010

CHANDLER ATTORNEY BURGLARY DEFENSE TACTICS
How Top Chandler Burglary Lawyers defend Arizona burglary charges in the Chandler AZ criminal justice system.

Chandler Burglary Charges
If you have been arrested or charged but not yet convicted of a burglary charge in Chandler AZ, you should consult an experienced criminal defense attorney in Arizona or AZ burglary defense attorney who defends burglary charges frequently in Chandler Courts as possible.

Chandler AZ Burglary Penalties
The consequences of a Chandler burglary conviction include but are not limited to lengthy jail or prison sentences, jail or prison time, property forfeiture, financial restitution to the victim, and a criminal record that can follow you for life. . In most cases the minimum sentencing begins with one year in state prison if convicted, and the incarceration time increases from there, depending on the circumstances surrounding your arrest and charges especially if a weapon, firearm or explosive was in your possession or used. Penalties within a range are based on many factors including but not limited to the following:

• Nature of property stolen
• Value of property stolen
• Damage due to forced entry
• Whether or not a weapon was used
• Type of weapon in your possession or used
• Whether or not the victim or anyone else was injured
• Repeat offenses carry harsher penalties
• Prior Criminal History

Chandler Burglary Laws
Chandler Burglary charges fall within the authority of Arizona State Law. Arizona criminal law relating to burglary is strict. Burglary Laws in Arizona are described as the act of being in the process of or actually entering a building or other property with the intent to steal something or other criminal offense. According to Arizona Law you may be arrested or accused of burglary even under the following circumstances: 1) even if the personal residence, commercial property or building is not lock; 2) even if no one is on the property or home at the time; 3) even if nothing was actually taken or stolen from the property.

Arizona Revised Statutes, definitions, and classifications for burglary can be found in the following citations:
"A.R.S. 13-1506. Burglary in the third degree; classification
13-1507. Burglary in the second degree; classification
13-1508. Burglary in the first degree; classification
13-1505. Possession of burglary tools; master key; manipulation key; classification"

Burglary Defense Tactics | Chandler Criminal Defense Attorney
If you are under investigation, been arrested, have active burglary in Chandler AZ, you should immediately consult a Chandler criminal defense or Chandler burglary lawyer to discuss your situation and defense options. You should not discuss your case the police or investigators before consulting a good criminal defense attorney or burglary lawyer in Arizona. Otherwise, it can be used against you and potentially jeopardize your defense case. You should exercise your constitutional right to remain silent and request to speak with your Chandler criminal attorney as soon as possible.

Top Arizona criminal attorneys or burglary defense lawyer who defends cases in Chandler on a regular basis will utilize one, or a combination or other not listed below as defense tactics:

Determine if your constitutional rights were violated. If so, evidence may be suppressed or can even lead to dismissal of your burglary charges.

• Make sure you are treated fairly
• Investigate and gather evidence regarding the incident that led to arrest.
• Determine if you have an argument for consent to use the property
• Determine if you legal access to enter the building or property and the property you were accused of taking actually belonged to you and can be supported as such.
• Look for flaws in the evidence or prosecutions case.
• Lack of evidence including surveillance video
• Wrong Person on the surveillance video
• No witnesses
• In absence of evidence or witnesses, questionable character or justifiability of the allegation by the accuser.
• Determine strength and evidence the prosecution has against you and determine if there is justification for suppression of any of the evidence.
• Interview or depose witnesses and police.
• Determine if a defense or argument against your guilt "beyond a reasonable doubt" that you committed burglary. The standard in all Arizona DUI and Criminal cases

in Arizona, require that a defendant must be proven guilty "beyond a reasonable doubt" to be convicted.
• Build a defense strategy based on the individual circumstances surrounding the incident.
• Use of any one, or a combination of Trial Defenses determined to be the most effective in your case by your Arizona burglary defense attorney
• Present compelling arguments and file motions based on the defenses that will be used in an effort to get your case evidence suppressed, charges reduced, obtain a complete dismissal of charges.
• Explore other legal remedies with the Arizona Court and Prosecution to get you the best possible outcome in your case.

Continue reading "CHANDLER BURGLARY CHARGES | BURGLARY LAWS | PENALTIES" »

December 18, 2010

WHY YOU SHOULD FIND A GOOD
SCOTTSDALE CRIMINAL LAWYER IF YOU FACE FELONY CHARGES

Choosing a criminal attorney to defend your felony charges in Scottsdale AZ may be one of the most important decisions you will make in your life. Select one that you feel will protect your rights, fight to get the charges dismissed, reduced, or the otherwise best possible outcome in your case. Here's why:

Felony Charges Scottsdale AZ
Felony Charges in Arizona are always 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, qualified, proactive and experienced Scottsdale Criminal Attorney. Scottsdale AZ felony convictions usually carry steep prison sentences. Some involve long term or life time incarceration in prison; exorbitant fines and fees; and 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 Scottsdale
Scottsdale categorizes crimes into six classifications, with Class 1 being the most severe of crimes which carry the harshest punishments and longest prison sentences. If convicted, most Mesa felony conviction 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.

Scottsdale Felony Laws
Felony Laws in Scottsdale AZ are strict, and penalties harsh. Definitions, Classifications, Sentencing guidelines, and Penalties are comprehensive. They are governed under the rules of authority of Arizona State Law and criminal code: Title 13 - Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes.

Felony Attorney AZ | Scottsdale Criminal Defense
If you have been arrested or charged with a felony in Scottsdale AZ 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. Scottsdale felony charges are not the type of charges you want to go at alone. Without proper legal representation, you pave the way for a swift and harsh conviction and sentence.

An attorney may graduate from the highest ranking law schools in the country, and that is admirable. But there are some things no Scottsdale criminal attorney can learn in school. You should look at the big picture of the attorney's credentials. There is no substitute for litigation experience, familiarity with the criminal justice system and courts, knowledge of the ever changing Arizona Laws, familiarity with the judges and prosecutors in the jurisdiction you were arrested for or received the felony charges.
Be sure to select an Arizona Attorney who defends cases in Scottsdale frequently and who has a vast amount of litigation experience, knowledge, skill, confident, proactive, and one who has the ability to build solid defense on your behalf. Choosing your Scottsdale criminal attorney may be one of the most important decisions you will make relating to your felony charges in Scottsdale, AZ, 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.

Continue reading "SCOTTSDALE CRIMINAL ATTORNEY" »

December 17, 2010

Marijuana Attorney Chandler | Criminal Defense

"A good Chandler 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 based on the facts of your Marijuana sales charges."

Marijuana Attorney Chandler AZ | Criminal Defense
A Chandler 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 Chandler 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 based on the facts of your Marijuana sales charges. The best Chandler 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 Chandler 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. Defenses your Marijuana defense attorney can use should not be a secret. It is a matter of using the criminal justice system and your constitutional rights in your favor, and retaining an attorney who can present compelling arguments on your behalf based on the circumstances of your charges. For more information about specific defenses that Marijuana defense attorneys use to challenge Marijuana Sales Charges visit:
http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1651190.html.

Chandler Marijuana Charges
You will need to contact a Chandler AZ Marijuana attorney or drug defense lawyer who defends cases frequently in Chandler AZ courts through the criminal justice system. If you have been charged or arrested in Chandler, 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 Chandler AZ. Some of the best Marijuana attorneys and drug defense lawyers in Chandler provide free consultations, and will be able to provide you with insight concerning the charges, and penalties, and discuss you defense options.
Chandler 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. Chandler, 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,

Chandler Marijuana Sales Laws:
Chandler Arizona Marijuana sales laws are strict, and penalties extremely harsh. They are governed, defined, and specifically classified under the State of Arizona's Criminal Law:

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

Below is a list of some factors considered in sentencing through the criminal justice system for Chandler Marijuana sales charge convictions. 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 criminal defense or DUI defense tips, free videos, and free dui defense books, visit http://www.arizonacrimialdefenselawyer.com

Continue reading "Chandler Marijuana Sales Laws" »

December 16, 2010

One Defense Top Criminal Defense Attorneys may use to defend your Arizona DUI Charges

If you were stopped and suspected of a DUI in Arizona, after questioning and some field sobriety testing, the police may have requested that you take a breath test with a Portable Breath Test. If your Arizona DUI charges were based on the results of this test alone, it can not be used as evidence against you, giving an experienced Arizona DUI Attorney a strong defense on your behalf that may lead to a dismissal.

Portable Breath Testing Device (PBT)
The Preliminary breath test (PBT), often called a portable breath test device, refers to the hand-held breath testing instrument used at the side of the road. This takes place prior to an arrest. The purpose of the PBT is to determination an alcohol concentration levels in your system, otherwise called the blood alcohol content (BAC). The primary purpose of the PBT is for preliminarily testing only. The results will give the Arizona police officer an idea of whether or not there is alcohol in your system if they suspect you of Arizona drunk driving or being "impaired to the slightest degree" while driving in Arizona. If the results are positive for any alcohol in your system, they will proceed to the second official breath test. The second test results from the official machine can be used against you in court, but not the PBT.

To the contrary, if you PBT results were negative, but the officer stills suspects you of driving impaired based on other "cues", they will move to determine if they are dealing with an impaired driver due to DUI with prescription drugs, DUI with illegal drugs, DUI with Marijuana, DUI with toxic substances or DUI with other chemicals. The results of the PBT unit are unacceptable as "evidence" to prove that the person has a certain measurement of alcohol present in their body. This is due to the fact that the PBT unit is scientifically unreliability. Therefore, the digital results of the PBT are only useful to the police to help them determine whether or not to they are dealing a driver who may be impaired by alcohol or drugs, and how to proceed with the next step of investigation.
The Official Breath Test

In Arizona, breath testing is currently performed with a machine some call the "Intoxilyzer 8000 Device".
This machine is supposed to be calibrated and tested and routinely maintained on a regular basis by the Arizona police agencies responsible for them. Records must be kept for all maintenance and repairs. It is not unusual for a breath machine to have a problem and to be pulled out of service for repair. Sometimes, the breath machine has to be sent back to the manufacturer for service or repairs. The only way to determine if the machine was working properly is to view its service records from before and after the arrest.

Breath testing provides instantaneous results, but there is controversy in the scientific community over the accuracy of breath testing and these machines in particular. Many factors can affect the accuracy of the readings of these machines including proper operator error, testing procedure, temperature, and individual human body variances.
DUI Lawyers | DUI Defense

If you have been arrested for a DUI in Arizona it is important that you consult an Arizona DUI attorney as soon as possible. Make sure they are well versed in the constantly changing and strict Arizona DUI laws. Consider their qualifications, background, experience, and litigation skills. High rated DUI attorneys in Arizona know how and which DUI defenses will need to be used to based on your set of circumstances. Further the defenses must be used properly through the appropriate channels of the Arizona Criminal Justice System. Retaining a good Arizona DUI defense lawyer is the best thing you can do to take control of your life and your DUI charges following your arrest. It can mean the difference between getting the max due to a conviction, v. getting your case dismissed, charges and sentencing reduced, of a much better outcome in your case than if you tried to fight the system alone.

Continue reading "Arizona DUI Lawyer | DUI Breath Test Defenses " »

December 15, 2010

Criminal Defense | Scottsdale DUI Lawyers

"Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of it even if a month went by since you smoked or used it. If the Marijuana did not impair your ability to drive, is it fair to convict and prosecute you of a Drug DUI? Top Scottsdale DUI Defense Lawyers think not, and will present compelling arguments and file appropriate motions in your defense."

Scottsdale DUI Drug Charges
If you have been arrested or charged in Scottsdale with a DUI with Marijuana (Pot, Grass, Weed, Cannabis) in Arizona you will face serious consequences if convicted. You should contact an Arizona Marijuana DUI or Drug DUI lawyer in Arizona to discuss your charges and defense options. This means you can get a DUI without ever taking a drink of alcohol.

If Scottsdale police stop you because they suspect you of DUI in Scottsdale, AZ, they will usually begin investigating with questions, request that you participate in field sobriety testing, and a breathalyzer test. If the breathalyzer test turns up negative, and they still suspect you of driving impaired due to being under the influence of drugs or other substances, they will usually proceed with drug testing. If you refuse and police have legal and just cause for the testing, the police officer will obtain a warrant from the judge and will get the testing anyway. A refusal will also cost you a suspension of your license.

Drug DUI Testing for Marijuana in Scottsdale, AZ
The primary testing for DUI with Marijuana in Arizona is urine testing, and blood testing of THC (Tetrahydrocannabinol) levels in your system. THC is the primary psychoactive ingredient in Marijuana. Arizona DUI prosecutors insist that urine and blood testing is accurate. But the fact is, that both can have their flaws, and are surrounded by controversy, and suspected to human and technical errors. Arizona criminal defense and DUI lawyers argue that a common problem with Marijuana DUI testing is the fact that Marijuana can commonly stay in a person's blood stream or urine for up to 30 days, shorter or longer. The speed for which Marijuana leaves the body varies by individual based on many factors. Tests results can also be affected by these factors as well as additional variables including but not limited to the following:

1) Amount of Marijuana smoked or used,
2) Your own metabolism rate,
3) Frequency you smoke or consume marijuana,
4) Whether or not you have taken any detoxifying products,
5) The last time you smoked,
6) The amount Marijuana smoked or consumed,
7) The pace at which you smoked, the marijuana,
8) Fluid and food intake prior to the testing,
9) Other Drug Toxins that may be in your system

Scottsdale Drug DUI Lawyers - Marijuana Drug DUI Defenses
Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of Marijuana you smoked a month ago, or longer. And if those traces of Marijuana did not impair your ability to drive to the slightest degree, is it fair to convict and prosecute you of a DUI? Top Scottsdale DUI Lawyers think not. Good Scottsdale criminal defense attorneys will know what to look for, and how to present compelling arguments and file appropriate motions in your defense.

Penalties are severe for any type of DUI in Scottsdale, AZ, including Drug DUI or Marijuana DUI. You will need a strong defense from a good Scottsdale criminal defense attorney, DUI lawyer or Drug DUI attorney. A good Scottsdale DUI attorney in Arizona will consider all the facts; examine the evidence; examine accuracy of test results that the prosecution plans to use against you, interview or depose witnesses including arresting police officers; determine if the testing methods were proper; blood draw procedures; check expiration on testing kits and their prior maintenance, storage of test samples; credentials of the person (s) to conducted the testing; determine if any of your constitutional rights were violated; and many consider the many defenses that can be used for Drug DUI or Marijuana DUI charges. Then your Scottsdale DUI lawyer will determine what the best defense strategy will given your set of circumstances, to try and get your charges dismissed, reduced, or the otherwise best outcome in your case.

Continue reading "Marijuana DUI Testing in Scottsdale AZ | Drug DUI " »

December 14, 2010

Why You Should Retain a Good DUI Attorney after a DUI Arrest in Arizona

"Top Arizona DUI attorneys begin defending your case with the thought process of building defense strategies that will lead to getting your Arizona DUI dismissed."

DUI Charges Arizona
It is true that Arizona is known for being one of the toughest states on DUI charges in the country. The DUI laws are strict and penalties severe. If you have been charged or arrested for an Arizona DUI, you should consult an DUI defense lawyer in Arizona as soon as possible.

Penalties for convictions of first time, misdemeanor DUI in Arizona, may include mandatory jail time, suspension of driver's license, fines, fees, probation, mandatory counseling, and court ordered interlock devices on your vehicle to be installed at your expense.

Arizona Felony DUI or Aggravated DUI, charges can include lengthy prison terms, suspension of driver's license, exorbitant fines, fees, probation, mandatory counseling at your cost, and court ordered interlock devices on your vehicle to be installed at your expense. The Arizona Courts are especially harsh on repeat offenders and Arizona penalties reflect this.

Arizona DUI Lawyers
Many make the common mistake of trying to seek counsel of a friend regarding their DUI. However, if the friend is not a licensed Arizona DUI or criminal Defense Attorney in Arizona, resist this temptation. This is a dangerous proposition. They will rarely know the Arizona DUI laws inside and out, current legislation, changing laws, defense strategies, and be experienced in defending cases in the Arizona criminal justice system. If you have Arizona DUI charges of any kind, you will need to be properly defended by a qualified DUI lawyer in Arizona. By doing so, you will increase your changes of facing the maximum sentences under the law, and even increase your chances of possibly getting the charges dismissed. Without a good Arizona DUI attorney, you are jeopardizing your freedom, future, job, and more that is at risk.

After an arrest for drunk driving, or DUI with drugs or medication, you should consult an attorney as soon as possible, to discuss your charges and defense options. Be sure that the Arizona DUI lawyer is experienced and defends cases often in the jurisdiction or city where you were arrested and received formal DUI charges or criminal charges. For example if you were arrested in Scottsdale Arizona for DUI, but you reside in Phoenix AZ, your DUI charges will be filed in Scottsdale Arizona, and your case will be heard through the Scottsdale AZ City Court. Make sure your DUI attorney defends DUI or criminal charges frequently in Scottsdale Arizona.

It will benefit your defense if your DUI Lawyer is familiar with the court system, prosecution, and judges to hear DUI cases on a daily basis in Scottsdale, AZ through the criminal justice system. In the least, make sure the attorney you consult, or retain is licensed to defend DUI cases in the state of Arizona.

Arizona DUI Defenses
Top Arizona DUI attorneys begin defending your case with the thought process of building defense strategies that will lead to getting your Arizona DUI dismissed. That is where a good Arizona DUI Defense Attorney starts. They will base their decisions on how and what defenses to utilize based on the individual circumstances surrounding your case. Good DUI defense lawyers in Arizona will know when and how to present their compelling arguments in your favor to get your charges dismissed. Depending on the strength and/or weakness of the prosecutions case, your AZ DUI attorney will examine the evidence, to determine if any evidence can justifiably be suppressed (not used against you). If the charges can not be dismissed, they will then attempt to negotiate with the prosecution a way of getting the charges reduced to a lesser charge, for example: a criminal charge down to a non-criminal charge, a felony to a misdemeanor, an extreme DUI to a non-extreme DUI and reduce the DUI penalties against you. In other words, in absence of being able to get the Arizona DUI charges dropped, a good AZ DUI defense attorney will make every effort to get the best possible outcome in your case.

Continue reading "DUI Arrest Arizona | Arizona DUI Defense " »

December 13, 2010

Why You Should Retain a Good DUI Attorney after a DUI Arrest in Gilbert AZ

Top Arizona DUI attorneys who defend cases in Gilbert AZ begin with the thought process of building a defense that will lead to getting your AZ DUI charges dismissed.

DUI Charges Gilbert AZ
Arizona is one of the toughest states on DUI charges in the country. Further, Gilbert Arizona is very aggressive in prosecuting DUI offenders, and seeking Gilbert DUI convictions. The DUI laws in Arizona are strict and penalties severe. If you have been charged or arrested for a Gilbert AZ DUI, you should consult a DUI lawyer who defends DUI charges frequently in Gilbert AZ as soon as possible.

DUI Charges in Gilbert Arizona are subject to the Arizona DUI laws and penalties. Punishments for a conviction of even a first time DUI in Arizona may include mandatory jail time, suspension of driver's license, fines, fees, probation, mandatory counseling, and court ordered interlock devices on your vehicle to be installed at your expense.
Arizona Felony DUI or Aggravated DUI charges often include harsh penalties such as lengthy prison terms, suspension of driver's license, exorbitant fines, fees, probation mandatory counseling at your cost, and court ordered interlock devices on your vehicle to be installed at your expense.

The Gilbert AZ court is especially harsh on repeat offenders. Penalties will be based on the following:
• Whether the DUI was a misdemeanor or felony DUI,
• How high your Blood Alcohol Content (BAC) or the amount of other toxic substance or drug in your system,
• First DUI, Second DUI, Third DUI, or other repeat offense
• Age of the defendant
• Other criminal charges or offenses that were coupled with your DUI
• Prior Criminal Offense Record
• Other aggravating factors surrounding the DUI

DUI Attorneys Gilbert AZ
Many make the common mistake of trying to seek counsel of a friend regarding their DUI. However, if the person you consult is not a licensed Arizona DUI or criminal Defense Attorney in Arizona, you may not be getting the best advice. In fact, you may be getting advice that could cause you to jeopardize your defense. You need to consult a Gilbert DUI defense attorney who knows the Arizona DUI laws inside and out, current legislation, changing laws, defense strategies, and be experienced in defending cases in the Arizona criminal justice system. If you have Gilbert AZ DUI charges of any kind, you will need to be properly defended by a qualified DUI lawyer in Arizona. By doing so, you will increase your changes of facing the maximum sentences under the law, and even increase your chances of possibly getting the charges dismissed. Without a good Arizona DUI attorney, you are jeopardizing your freedom, future, job, and more that is at risk.

After an arrest for drunk driving, or DUI with drugs or medication, you should consult an attorney as soon as possible, to discuss your charges and defense options. Be sure that the Arizona DUI lawyer is experienced and defends cases often in the jurisdiction or city where you were arrested and received formal DUI charges or criminal charges. For example if you were arrested in Gilbert Arizona for DUI, but you reside in Phoenix AZ, your DUI charges will be filed in Gilbert Arizona, and your case will be required to go to court in Gilbert AZ. Make sure your DUI attorney defends DUI or criminal charges frequently in Gilbert Arizona. It will benefit your defense if your DUI Lawyer is familiar with the Gilbert criminal justice system, the court, the prosecution, and judges to hear DUI cases on a frequently in Gilbert AZ. In the least, make sure the attorney you consult, or retain is licensed to defend DUI cases in the state of Arizona.

Gilbert AZ DUI Defenses
Top Arizona DUI attorneys who defend cases in Gilbert AZ begin with the thought process of building defense strategies that will lead to getting your Gilbert DUI dismissed.

An experienced Gilbert DUI attorney will gather all the evidence, examine your case, determine if any of your constitutional rights were violated, and determine what defense strategies to utilize and yield you the best outcome. Good DUI defense lawyers in Gilbert AZ will know when and how to present their compelling arguments in your favor to get your charges dismissed. Depending on the strength and/or weakness of the prosecutions case, your AZ DUI attorney will examine the evidence, to determine if any evidence can justifiably be suppressed (not used against you).

If the charges can not be dismissed, they will then attempt to negotiate with the prosecution a way of getting the charges reduced to a lesser charge, for example: a criminal charge down to a non-criminal charge, a felony to a misdemeanor, an extreme DUI to a non-extreme DUI and reduce the DUI penalties against you. In other words, in absence of being able to get the Arizona DUI charges dropped, a good AZ DUI defense attorney will make every effort to get the best possible outcome in your case.

Continue reading "Gilbert DUI Arrest | Arizona DUI Defense " »

December 12, 2010

One Defense Top Criminal Defense Attorneys may use to defend Your Arizona DUI Charges

Phoenix DUI Charges
If you were stopped and suspected of a Phoenix DUI, after questioning and some field sobriety testing, the police may have requested that you take a breath test with a Portable Breath Test (PBT) unit. If your Arizona DUI charges were based on the results of the PBT results alone, it can not be used as evidence against you. This scenario gives an experienced Arizona DUI Attorney a strong defense on your behalf that may lead to a dismissal of your Phoenix DUI charges.

Portable Breath Testing Device (PBT)
The Preliminary breath test (PBT), often called a portable breath test device, refers to the hand-held breath testing instrument used at the side of the road. This takes place prior to an arrest. The purpose of the PBT is to determination an alcohol concentration levels in your system, otherwise called the blood alcohol content (BAC). The primary purpose of the PBT is for preliminarily testing only. The results will give the Arizona police officer an idea of whether or not there is alcohol in your system if they suspect you of Arizona drunk driving or being "impaired to the slightest degree" while driving in Arizona. If the results are positive for any alcohol in your system, they will proceed to the second official breath test. The second test results from the official machine can be used against you in court, but not the PBT.

To the contrary, if you PBT results were negative, but the officer stills suspects you of driving impaired based on other "cues", they will move to determine if they are dealing with an impaired driver due to DUI with prescription drugs, DUI with illegal drugs, DUI with Marijuana, DUI with toxic substances or DUI with other chemicals.

The results of the PBT unit are unacceptable as "evidence" to prove that the person has a certain measurement of alcohol present in their body. This is due to the fact that the PBT unit is scientifically unreliability. Therefore, the digital results of the PBT are only useful to the police to help them determine whether or not to they are dealing a driver who may be impaired by alcohol or drugs, and how to proceed with the next step of investigation.

The Official Breath Test
In Phoenix AZ, the official breath testing is currently performed and evidence recognized with a machine some call the "Intoxilyzer 8000 Device".

This machine is required be calibrated and tested and routinely maintained on a regular basis by the Phoenix police agencies responsible for them. Repair and maintenance records must be kept for all maintenance and repairs. It is not unusual for a breath machine to have a problem and to be pulled out of service for repair. Sometimes, the breath machine has to be sent back to the manufacturer for service or repairs. The only way to determine if the machine was working properly is to view its service records from before and after the arrest.

Breath testing provides instantaneous results, but there is controversy in the scientific community over the accuracy of breath testing and these machines in particular. Many factors can affect the accuracy of the readings of these machines including proper operator error, testing procedure, temperature, and individual human body variances.
Choosing a Phoenix DUI Lawyer for your DUI Defense

If you have been arrested for a DUI in Arizona it is important that you consult an Arizona DUI attorney as soon as possible. Make sure they are well versed in the constantly changing and strict Arizona DUI laws, familiar with all forms of DUI testing and their common flaws or weaknesses. Consider a DUI lawyer's qualifications, background, experience, and litigation skills. High rated DUI attorneys in Arizona know how and which DUI defenses will need to be used to based on your set of circumstances. Further the defenses must be used properly through the appropriate channels of the Arizona Criminal Justice System. Also, make sure the DUI attorney defends DUI charges on a regular basis in Phoenix Court and is familiar with Phoenix court procedures, protocol, the judges and prosecution.

Retaining a good Arizona DUI defense lawyer is the best thing you can do to take control of your life and your DUI charges following your arrest. It can mean the difference between getting the max due to a conviction, v. getting your case dismissed, charges and sentencing reduced, of a much better outcome in your case than if you tried to fight the system alone.

Continue reading "Phoenix DUI Lawyer | DUI Breath Test Defenses " »

December 11, 2010

Mesa AZ Marijuana DUI Defense

"The Medical Marijuana Prop 203 passing, will not affect Mesa Arizona's Drug DUI laws... But top drug DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies".

Mesa DUI with Marijuana Charges
The passing of Medical Marijuana Prop 203 law, will not affect Mesa Arizona's Drug DUI laws. Even if you are a qualified card holder to use Medical Marijuana (pot, weed, grass, cannabis) you will not get immunity against the strict Mesa DUI laws. If you are stopped by the Mesa police and determined to be driving "impaired to the slightest degree" with Marijuana in your system, you may be arrested or charged with an Arizona Marijuana DUI or Drug DUI. If so, you should consult an Arizona drug defense, criminal defense, or DUI lawyer as soon as possible to discuss your Arizona Marijuana DUI or Drug DUI charges and defense options.

Mesa Marijuana DUI Laws
Mesa Marijuana DUI laws fall under the authority of Arizona State Laws. 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.

Even if you are a certified Medical Marijuana card holder in Mesa AZ for use of medical Marijuana, or you have taken any other drug legally prescribed by a licensed physician, or an over-the-counter drug at your local drug store while driving and found to be "impaired to the slightest degree", A.R.S. 28-1381 3.B. will apply. 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...."

Mesa Drug DUI with Marijuana Testing | DUI Marijuana evidence
The two most common ways Arizona police test for DUI with Marijuana is through blood testing and urine testing. Both are controversial with regard to the test results and may be argued by your marijuana DUI defense lawyer as to whether or not they are admissible or should be suppressed as improper evidence depending on many circumstances. The Mesa prosecution will usually insist that the blood or urine testing is accurate and admissible as evidence to use against you. But top drug DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies.

Arizona Marijuana DUI Penalties
Arizona has some of the toughest laws in the country for Drug DUI and any DUI. Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties, fines, fees 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 (with aggravated classification)......4 Months in Prison
.
Marijuana DUI Defense Attorney Mesa, AZ
The criminal justice system in Mesa Arizona is a maze of procedures, protocol, turbulent legislation, and case law. The Mesa Court is not empathetic to persons charged with DUI, or DUI with drugs of any kind. The job of the Mesa AZ prosecution is to convict you. They are not there to help you or to examine defense strategies to help you defend yourself. Don't count on the judge for favor or help in your defense. The court judge can not do anything to help you unless proper motions and compelling arguments in your defense are presented through the proper legal channels. You will need a strong criminal defense attorney, Arizona DUI lawyer or criminal defense attorney in Arizona. There is too much for you at stake to go unrepresented by a proper Arizona DUI lawyer. They will be your ally you need to protect your rights, make sure you are treated fairly, defend you, and do everything possible, to try to get your charges dismissed, reduced or the otherwise best outcome in your case.

Continue reading "Marijuana DUI Laws Mesa, AZ | Medical Marijuana DUI " »

December 10, 2010

One Defense Good Criminal Defense Attorneys can use to fight Your Chandler, AZ DUI Charges

Chandler DUI Charges
If you were stopped and suspected of a DUI in Chandler AZ, after questioning and some field sobriety testing, the police may have requested that you take a breath test with a Portable Breath Test (PBT) unit. If your Arizona DUI charges were based on the results of the PBT results alone, it can not be used as evidence against you. This scenario gives an experienced Arizona DUI Attorney a strong defense on your behalf that may lead to a dismissal of your Chandler DUI charges.

Portable Breath Testing Device (PBT)
The Preliminary breath test (PBT), often called a portable breath test device, refers to the hand-held breath testing instrument used at the side of the road. This takes place prior to an arrest. The purpose of the PBT is to determination an alcohol concentration levels in your system, otherwise called the blood alcohol content (BAC). The primary purpose of the PBT is for preliminarily testing only. The results will give the Arizona police officer an idea of whether or not there is alcohol in your system if they suspect you of Arizona drunk driving or being "impaired to the slightest degree" while driving in Arizona. If the results are positive for any alcohol in your system, they will proceed to the second official breath test. The second test results from the official machine can be used against you in court, but not the PBT.

If your PBT results were "0" or negative, but the officer stills suspects you of driving impaired based on other "cues", they will move to determine if they are dealing with an impaired driver due to DUI with prescription drugs, DUI with illegal drugs, DUI with Marijuana, DUI with toxic substances or DUI with other chemicals.

The results of the PBT unit are not admissible as incriminating "evidence" to prove that the person has a certain measurement of alcohol present in their body. This is due to the fact that the PBT unit is scientifically unreliability. Therefore, the digital results of the PBT are only useful to the police to help them determine whether or not to they are dealing a driver who may be impaired by alcohol or drugs, and how to proceed with the next step of investigation.

The Official Breath Test
In Chandler AZ, the official breath testing is currently performed and evidence recognized with a machine some call the "Intoxilyzer 8000 Device".

This machine is required be calibrated and tested and routinely maintained on a regular basis by the Chandler police agencies responsible for them. Repair and maintenance records must be kept for all maintenance and repairs. It is not unusual for a breath machine to have a problem and to be pulled out of service for repair. Sometimes, the breath machine has to be sent back to the manufacturer for service or repairs. The only way to determine if the machine was working properly is to view its service records from before and after the arrest.

Breath testing provides instantaneous results, but there is controversy in the scientific community over the accuracy of breath testing and these machines in particular. Many factors can affect the accuracy of the readings of these machines including proper operator error, testing procedure, temperature, and individual human body variances.
Choosing a Chandler DUI Lawyer for your DUI Defense.

If you have been arrested for a DUI in Arizona it is important that you consult a Chandler Arizona DUI lawyer or criminal defense attorney who defends cases in Chandler Court as soon as possible. Make sure they are well versed in the constantly changing and strict Arizona DUI laws, familiar with all forms of DUI testing and their common flaws or weaknesses. Consider a DUI lawyer's qualifications, background, experience, and litigation skills. High rated DUI attorneys in Arizona know how and which DUI defenses will need to be used to based on your set of circumstances. Further the defenses must be used properly through the appropriate channels of the Arizona Criminal Justice System. Also, make sure the DUI attorney defends DUI charges on a regular basis in Chandler Court and is familiar with Chandler court procedures, protocol, the judges and prosecution.

Retaining a good Chandler DUI lawyer is the best thing you can do to take control of your life and your Chandler DUI charges following your arrest. It can mean the difference between getting the max due to a conviction, v. getting your case dismissed, charges and sentencing reduced, of a much better outcome in your case than if you tried to fight the system alone.

Continue reading "Chandler DUI Attorney | DUI Breath Test Defenses " »

December 9, 2010

One Defense Top Criminal Defense Attorneys may use to defend Your Scottsdale, AZ DUI Charges

Scottsdale DUI Charges
If you were stopped and suspected of a DUI in Scottsdale AZ, after questioning and some field sobriety testing, the police may have requested that you take a breath test with a Portable Breath Test (PBT) unit. If your Arizona DUI charges were based on the results of the PBT results alone, it can not be used as evidence against you. This scenario gives an experienced Arizona DUI Attorney a strong defense on your behalf that may lead to a dismissal of your Scottsdale DUI charges.

Portable Breath Testing Device (PBT)
The Preliminary breath test (PBT), often called a portable breath test device, refers to the hand-held breath testing instrument used at the side of the road. This takes place prior to an arrest. The purpose of the PBT is to determination an alcohol concentration levels in your system, otherwise called the blood alcohol content (BAC). The primary purpose of the PBT is for preliminarily testing only. The results will give the Arizona police officer an idea of whether or not there is alcohol in your system if they suspect you of Arizona drunk driving or being "impaired to the slightest degree" while driving in Arizona. If the results are positive for any alcohol in your system, they will proceed to the second official breath test. The second test results from the official machine can be used against you in court, but not the PBT.

To the contrary, if you PBT results were negative, but the officer stills suspects you of driving impaired based on other "cues", they will move to determine if they are dealing with an impaired driver due to DUI with prescription drugs, DUI with illegal drugs, DUI with Marijuana, DUI with toxic substances or DUI with other chemicals.

The results of the PBT unit are unacceptable as "evidence" to prove that the person has a certain measurement of alcohol present in their body. This is due to the fact that the PBT unit is scientifically unreliability. Therefore, the digital results of the PBT are only useful to the police to help them determine whether or not to they are dealing a driver who may be impaired by alcohol or drugs, and how to proceed with the next step of investigation.

The Official Breath Test
In Scottsdale AZ, the official breath testing is currently performed and evidence recognized with a machine some call the "Intoxilyzer 8000 Device".
This machine is required be calibrated and tested and routinely maintained on a regular basis by the Scottsdale police agencies responsible for them. Repair and maintenance records must be kept for all maintenance and repairs. It is not unusual for a breath machine to have a problem and to be pulled out of service for repair. Sometimes, the breath machine has to be sent back to the manufacturer for service or repairs. The only way to determine if the machine was working properly is to view its service records from before and after the arrest.

Breath testing provides instantaneous results, but there is controversy in the scientific community over the accuracy of breath testing and these machines in particular. Many factors can affect the accuracy of the readings of these machines including proper operator error, testing procedure, temperature, and individual human body variances.
Choosing a Scottsdale DUI Lawyer for your DUI Defense

If you have been arrested for a DUI in Arizona it is important that you consult a Scottsdale Arizona DUI lawyer or criminal defense attorney who defends cases in Scottsdale Court as soon as possible. Make sure they are well versed in the constantly changing and strict Arizona DUI laws, familiar with all forms of DUI testing and their common flaws or weaknesses. Consider a DUI lawyer's qualifications, background, experience, and litigation skills. High rated DUI attorneys in Arizona know how and which DUI defenses will need to be used to based on your set of circumstances. Further the defenses must be used properly through the appropriate channels of the Arizona Criminal Justice System. Also, make sure the DUI attorney defends DUI charges on a regular basis in Scottsdale Court and is familiar with Scottsdale court procedures, protocol, the judges and prosecution.

Retaining a good Scottsdale DUI lawyer is the best thing you can do to take control of your life and your Scottsdale DUI charges following your arrest. It can mean the difference between getting the max due to a conviction, v. getting your case dismissed, charges and sentencing reduced, of a much better outcome in your case than if you tried to fight the system alone.

Continue reading "Scottsdale DUI Lawyer | DUI Breath Test Defenses " »

December 8, 2010

DUI with Marijuana Defenses | Gilbert DUI Lawyers

"Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of it even if a month went by since you smoked or used it. If the Marijuana did not impair your ability to drive, is it fair to convict and prosecute you of a Drug DUI? Top Gilbert DUI Defense Lawyers think not, and will present compelling arguments and file appropriate motions in your defense."

Gilbert AZ DUI Drug Charges
If you have been arrested or charged in Gilbert with a DUI with Marijuana (Pot, Grass, Weed, Cannabis) in Arizona you will face serious consequences if convicted. You should contact an Arizona Marijuana DUI or Drug DUI lawyer in Arizona to discuss your charges and defense options. This means you can get a DUI without ever taking even one drink of alcohol and are subject to some of the harshest penalties in the country.

Gilbert DUI Testing Arizona
If Gilbert AZ police stop you because they suspect you of DUI in Gilbert, AZ, they will usually begin investigating by asking you some questions. Next, they will ask you to participate in field sobriety testing. Note: By law you do not have to submit to the field sobriety test. But you should know that the risk exists in that you could be arrested on the spot by the Gilbert AZ police officer. Following the field sobriety test, you may be asked to take a preliminary breathalyzer test with a portable unit. The portable breath unit results can not be used to prosecute you, because the portable units are not as accurately calibrated or maintained. If the portable breathalyzer test results read positive for any alcohol in your system, the officer will proceed to request an official breathalyzer test. This is the reason for two breath machine tests. With regard to the official DUI breathalyzer, typically you will be given two breath tests on it for comparison and the police efforts for accuracy. So potentially, you may get 3 total breath tests--one on a portable unit, and two on the official breathalyzer.

A good DUI Chandler defense lawyer will examine the validity and accuracy of all the official test unit results. In some cases it can be argued by your defense that the results not are admissible for a variety of flaws or errors that commonly occur related to maintenance of the unit, human error of conducting the breath test, or tests conducted outside required protocol.

If the breathalyzer test turns up negative, and the Gilbert police have reason to continue to suspect you of driving impaired due to being under the influence of drugs or other substances, they will usually proceed with drug testing. If you refuse the breathalyzer or drug testing, and police have legal and just cause for the testing, the police officer will obtain a warrant from the judge and will get the testing anyway. A refusal will also cost you a suspension of your license.

Drug DUI Testing for Marijuana in Gilbert, AZ
The primary testing for a Marijuana DUI in Arizona is urine testing, and blood testing. This testing involves looking at levels of THC (Tetrahydrocannabinol) in your system. . THC is the primary psychoactive ingredient in Marijuana. Arizona DUI prosecutors insist that urine and blood testing are accurate. But the truth of the matter is that both forms of testing, are surrounded by controversy, and like any blood or urine test may contain, flaws, weaknesses, and inaccuracies, and are subject to both human and technical errors.

Arizona criminal defense and DUI lawyers argue that a common problem with Marijuana DUI testing is the fact that Marijuana can commonly stay in a person's blood stream or urine for up to 30 days, shorter or longer. The speed for which Marijuana leaves the body varies by individual based on many factors. Tests results can also be affected by these factors as well as additional variables including but not limited to the following:

1) Amount of Marijuana smoked or used,
2) Your individual metabolism rate,
3) How often you smoke or consume Marijuana,
4) Whether or not you have taken any detoxifying products,
5) The most recent or last time smoked or consumed Marijuana,
6) The speed or pace at which you smoked or consumed marijuana,
7) Fluid and food intake prior to the testing,
8) Other Drug Toxins that may found be in your system

Gilbert Drug DUI Lawyers - Marijuana Drug DUI Defenses
Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of Marijuana you smoked a month ago, or longer. If those traces of Marijuana did not impair your ability to drive to the slightest degree, is it fair to convict and prosecute you of a DUI? Top Gilbert DUI Lawyers think not. Good Gilbert criminal defense attorneys will know what to look for, and how to present compelling arguments and file appropriate motions in your defense.

Penalties are severe for any type of DUI in Gilbert, AZ, including Drug DUI or Marijuana DUI. You will need a strong defense from a good Gilbert criminal defense attorney, DUI lawyer or Drug DUI attorney. A good Gilbert DUI attorney in Arizona will consider all the facts; examine the evidence; examine accuracy of test results that the prosecution plans to use against you, interview or depose witnesses including arresting police officers; determine if the testing methods were proper; blood draw procedures; check expiration on testing kits and their prior maintenance, storage of test samples; credentials of the person (s) to conducted the testing; determine if any of your constitutional rights were violated; and many consider the many defenses that can be used for Drug DUI or Marijuana DUI charges. Then your Gilbert DUI lawyer will determine what the best defense strategy will given your set of circumstances, to try and get your charges dismissed, reduced, or the otherwise best outcome in your case.

Continue reading "Marijuana DUI Testing Gilbert AZ | Drug DUI " »

December 7, 2010

Scottsdale Marijuana DUI Defense

"The Medical Marijuana Prop 203 passing, will not affect Scottsdale Arizona's Drug DUI laws... But top drug DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies".

Scottsdale DUI with Marijuana Charges
The passing of Medical Marijuana Prop 203 law, will not affect Scottsdale Arizona's Drug DUI laws. Even if you are a qualified card holder to use Medical Marijuana (pot, weed, grass, cannabis) you will not get immunity against the strict Scottsdale DUI laws. If you are stopped by the Scottsdale police and determined to be driving "impaired to the slightest degree" with Marijuana in your system, you may be arrested or charged with an Arizona Marijuana DUI or Drug DUI. If so, you should consult an Arizona drug defense, criminal defense, or DUI lawyer as soon as possible to discuss your Arizona Marijuana DUI or Drug DUI charges and defense options.

Scottsdale Marijuana DUI Laws
Scottsdale Marijuana DUI laws fall under the authority of the State Laws of Arizona. 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.

Even if you are a certified Medical Marijuana card holder in Scottsdale AZ for use of medical Marijuana, or you have taken any other drug legally prescribed by a licensed physician, or an over-the-counter drug at your local drug store while driving and found to be "impaired to the slightest degree", A.R.S. 28-1381 3.B. will apply. 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...."

Scottsdale Drug DUI with Marijuana Testing | DUI Marijuana evidence
The most common way Arizona police test for DUI with Marijuana is through blood testing and urine testing. Both are controversial with regard to the test results and may be argued by your marijuana DUI defense lawyer as to whether or not they are admissible or should be suppressed as improper evidence depending on many circumstances. The Scottsdale prosecution will usually insist that the blood or urine testing is accurate and admissible as evidence to use against you. But top drug DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies.

Arizona Marijuana DUI Penalties
Arizona has some of the toughest laws in the country for Drug DUI and any DUI. Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties, fines, fees or punishments that apply for Scottsdale 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
.
Marijuana DUI Defense Attorney Scottsdale, AZ
The criminal justice system in Scottsdale Arizona is a maze of procedures, protocol, turbulent legislation, and is not empathetic to persons charged with DUI, or DUI with drugs of any kind. The job of the Scottsdale AZ prosecution is to convict you. They are not there to help you or to examine defense strategies to help you defend yourself. The judge can not do anything to help you unless proper motions and compelling arguments in your defense are presented through the proper legal channels.

You will need a strong criminal defense attorney, Arizona DUI lawyer or criminal defense attorney in Arizona. There is too much for you at stake to go unrepresented by a proper Arizona DUI lawyer. They will be your ally you need to protect your rights, make sure you are treated fairly, defend you, and do everything possible, to try to get your charges dismissed, reduced or the otherwise best outcome in your case.

Continue reading "Scottsdale AZ Marijuana DUI Laws | Medical Marijuana DUI " »

December 6, 2010

ATTORNEY BURGLARY DEFENSE TACTICS

How Top Mesa Burglary Lawyers fight burglary charges in Mesa AZ

Burglary Charges Mesa Arizona
If you have been arrested or charged but not yet convicted of a burglary charge in Mesa AZ, you should consult an experienced criminal defense attorney in Arizona or AZ burglary defense attorney who defends burglary charges frequently in Mesa Courts as possible. These are extremely serious life altering criminal charges in Mesa Arizona.

Mesa AZ Burglary Penalties
The consequences of a burglary conviction in Mesa Arizona can result in lengthy jail or prison sentences, property forfeiture, and financial restitution to the victim, and a criminal record that can follow you for life. . In most cases the minimum sentencing begins with one year in state prison if convicted. Incarceration time increases from there, depending on the circumstances surrounding your arrest and charges especially if a weapon, firearm or explosive was in your possession or used. Penalties within a range are based on many factors including but not limited to the following:

• Nature of property stolen
• Value of property stolen
• Damage due to forced entry
• Whether or not a weapon was used
• Type of weapon in your possession or used
• Whether the victim or anyone else was injured, harmed or killed during and caused by the incident.
• Repeat offenses carry harsher penalties
• Prior Criminal History

Mesa Burglary Laws
Mesa Burglary charges fall under authority of Arizona State Law. Arizona criminal law relating to burglary is strict. Burglary Laws in Arizona are described as the act of being in the process of or actually entering a building or other property with the intent to steal something or other criminal offense. According to Arizona Law you may be arrested or accused of burglary even under the following circumstances: 1) even if the personal residence, commercial property or building is not lock; 2) even if no one is on the property or home at the time; 3) even if nothing was actually taken or stolen from the property.

Arizona Revised Statutes, definitions, and classifications for burglary can be found in the following citations:
"A.R.S. 13-1506. Burglary in the third degree; classification

13-1507. Burglary in the second degree; classification

13-1508. Burglary in the first degree; classification

13-1505. Possession of burglary tools; master key; manipulation key; classification"

Burglary Defense Tactics | Mesa Criminal Defense Attorney
If you are under investigation, been arrested, have active burglary in Mesa AZ, you should immediately consult a Mesa criminal defense or Mesa burglary lawyer to discuss your situation and defense options. You should not discuss your case the police or investigators before consulting a good criminal defense attorney or burglary lawyer in Arizona. Otherwise, it can be used against you and potentially jeopardize your defense case. You should exercise your constitutional right to remain silent and request to speak with your Mesa criminal attorney as soon as possible.

Top Arizona criminal attorneys or burglary defense lawyer who defends cases in Mesa on a regular basis will utilize one, or a combination or other not listed below as defense tactics:

Determine if your constitutional rights were violated. If so, evidence may be suppressed or can even lead to dismissal of your burglary charges.
• Make sure you are treated fairly
• Investigate and gather evidence regarding the incident that led to arrest.
• Determine if you have an argument for consent to use the property
• Determine if you legal access to enter the building or property and the property you were accused of taking actually belonged to you and can be supported as such.
• Look for flaws in the evidence or prosecutions case.
• Lack of evidence including surveillance video
• Wrong Person on the surveillance video
• No witnesses
• In absence of evidence or witnesses, questionable character or justifiability of the allegation by the accuser.
• Determine strength and evidence the prosecution has against you and determine if there is justification for suppression of any of the evidence.
• Interview or depose witnesses and police.
• Determine if a defense or argument against your guilt "beyond a reasonable doubt" that you committed burglary. The standard in all Arizona DUI and Criminal cases in Arizona, require that a defendant must be proven guilty "beyond a reasonable doubt" to be convicted.
• Build a defense strategy based on the individual circumstances surrounding the incident.
• Use of any one, or a combination of Trial Defenses determined to be the most effective in your case by your Arizona burglary defense attorney
• Present compelling arguments and file motions based on the defenses that will be used in an effort to get your case evidence suppressed, charges reduced, obtain a complete dismissal of charges.
• Explore other legal remedies with the Arizona Court and Prosecution to get you the best possible outcome in your case.

You will need a strong defense to fight burglary charges in the Mesa Criminal Justice System on your behalf. To retain a good criminal attorney or burglary defense attorney, will increase your chances of getting a dismissal, reduction in charges or the best possible outcome in your case. Early retention is the key to a successful criminal defense case

Continue reading "MESA AZ BURGLARY CHARGES | BURGLARY LAWS | PENALTIES" »

December 5, 2010

TEMPE ATTORNEY BURGLARY DEFENSE TACTICS

How Top Tempe Burglary Lawyers defend Arizona burglary charges in the Tempe AZ criminal justice system.

Tempe Burglary Charges
If you have been arrested or charged but not yet convicted of a burglary charge in Tempe AZ, you should consult an experienced criminal defense attorney in Arizona or AZ burglary defense attorney who defends burglary charges frequently in Tempe Courts as possible.

Tempe Burglary Penalties in Arizona
The consequences of a Tempe burglary conviction include but are not limited to lengthy jail or prison sentences, jail or prison time, property forfeiture, financial restitution to the victim, and a criminal record that can follow you for life. . In most cases the minimum sentencing begins with one year in state prison if convicted, and the incarceration time increases from there, depending on the circumstances surrounding your arrest and charges especially if a weapon, firearm or explosive was in your possession or used. Penalties within a range are based on many factors including but not limited to the following:

• Nature of property stolen
• Value of property stolen
• Damage due to forced entry
• Whether or not a weapon was used
• Type of weapon in your possession or used
• Whether or not the victim or anyone else was injured
• Repeat offenses carry harsher penalties
• Prior Criminal History

Tempe Burglary Laws
Arizona Laws relating to burglary are strict. Burglary Laws in Arizona are described as the act of being in the process of or actually entering a building or other property with the intent to steal something or other criminal offense. According to Arizona Law you may be arrested or accused of burglary even under the following circumstances: 1) even if the personal residence, commercial property or building is not lock; 2) even if no one is on the property or home at the time; 3) even if nothing was actually taken or stolen from the property.

Arizona Revised Statutes: A.R.S. 13-1506. Burglary in the third degree; classification
A person commits burglary in the third degree by:
1. Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein.
2. Making entry into any part of a motor vehicle by means of a manipulation key or master key, with the intent to commit any theft or felony in the motor vehicle.
B. Burglary in the third degree is a class 4 felony.

13-1507. Burglary in the second degree; classification
A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.
B. Burglary in the second degree is a class 3 felony.

13-1508. Burglary in the first degree; classification
A. A person commits burglary in the first degree if such person or an accomplice violates the provisions of either section 13-1506 or 13-1507 and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony.
B. Burglary in the first degree of a nonresidential structure or a fenced commercial or residential yard is a class 3 felony. It is a class 2 felony if committed in a residential structure.

13-1505. Possession of burglary tools; master key; manipulation key; classification
A. A person commits possession of burglary tools by:
1. Possessing any explosive, tool, instrument or other article adapted or commonly used for committing any form of burglary as defined in sections 13-1506, 13-1507 and 13-1508 and intending to use or permit the use of such an item in the commission of a burglary.
2. Buying, selling, transferring, possessing or using a motor vehicle manipulation key or master key.
B. Subsection A, paragraph 2 of this section does not apply to a person who either:
3. Uses a master key in the course of the person's lawful business or occupation, including licensed vehicle dealers and manufacturers, key manufacturers who are engaged in the business of designing, making, altering, duplicating or repairing locks or keys, locksmiths, loan institutions that finance vehicles and law enforcement.
4. Transfers, possesses or uses no more than one manipulation key, unless the manipulation key is transferred, possessed or used with the intent to commit any theft or felony.
C. Possession of burglary tools is a class 6 felony.

Burglary Defense Tactics | Tempe Criminal Defense Attorney
If you are under investigation, been arrested, have active burglary in Tempe AZ, you should immediately consult a Tempe criminal defense or Tempe burglary lawyer to discuss your situation and defense options. You should not discuss your case the police or investigators before consulting a good criminal defense attorney or burglary lawyer in Arizona. Otherwise, it can be used against you and potentially jeopardize your defense case. You should exercise your constitutional right to remain silent and request to speak with your Tempe criminal attorney as soon as possible.

Top Arizona criminal attorneys or burglary defense lawyer who defend cases in Tempe on a regular basis will utilize one, more, a combination or other not listed of the following defense tactics:

• Determine if your constitutional rights were violated. If so, evidence may be suppressed or can even lead to dismissal of your burglary charges.
• Make sure you are treated fairly
• Investigate and gather evidence regarding the incident that led to arrest.
• Determine if you have an argument for consent to use the property
• Determine if you legal access to enter the building or property and the property you were accused of taking actually belonged to you and can be supported as such.
• Look for flaws in the evidence or prosecutions case.
• Lack of evidence including surveillance video
• Wrong Person on the surveillance video
• No witnesses
• In absence of evidence or witnesses, questionable character or justifiability of the allegation by the accuser.
• Determine strength and evidence the prosecution has against you and determine if there is justification for suppression of any of the evidence.
• Interview or depose witnesses and police.
• Determine if a defense or argument against your guilt "beyond a reasonable doubt" that you committed burglary. The standard in all Arizona DUI and Criminal cases in Arizona, require that a defendant must be proven guilty "beyond a reasonable doubt" to be convicted.
• Build a defense strategy based on the individual circumstances surrounding the incident.
• Use of any one, or a combination of Trial Defenses determined to be the most effective in your case by your Arizona burglary defense attorney
• Present compelling arguments and file motions based on the defenses that will be used in an effort to get your case evidence suppressed, charges reduced, obtain a complete dismissal of charges.
• Explore other legal remedies with the Arizona Court and Prosecution to get you the best possible outcome in your case.

Continue reading "TEMPE BURGLARY CHARGES | BURGLARY LAWS | PENALTIES" »

December 4, 2010

One Defense High Rated Criminal Attorneys use to Fight Your Tempe, AZ DUI Charges
Tempe AZ DUI Charges

If you were stopped and suspected of a DUI in Tempe AZ, after questioning and some field sobriety testing, the police may have requested that you take a breath test with a Portable Breath Test (PBT) unit. If your Arizona DUI charges were based on the results of the PBT results alone, it can not be used as evidence against you. This scenario gives an experienced Arizona DUI Attorney a strong defense on your behalf that may lead to a dismissal of your Tempe DUI charges.

Portable Breath Testing Device (PBT)
The Preliminary breath test (PBT), often called a portable breath test device, refers to the hand-held breath testing instrument used at the side of the road. This takes place prior to an arrest. The purpose of the PBT is to determination an alcohol concentration levels in your system, otherwise called the blood alcohol content (BAC). The primary purpose of the PBT is for preliminarily testing only. The results will give the Arizona police officer an idea of whether or not there is alcohol in your system if they suspect you of Arizona drunk driving or being "impaired to the slightest degree" while driving in Arizona. If the results are positive for any alcohol in your system, they will proceed to the second official breath test. The second test results from the official machine can be used against you in court, but not the PBT.

If your PBT results were "0" or negative, but the officer stills suspects you of driving impaired based on other "cues", they will move to determine if they are dealing with an impaired driver due to DUI with prescription drugs, DUI with illegal drugs, DUI with Marijuana, DUI with toxic substances or DUI with other chemicals.

The results of the PBT unit are not admissible as incriminating "evidence" to prove that the person has a certain measurement of alcohol present in their body. This is due to the fact that the PBT unit is scientifically unreliability. Therefore, the digital results of the PBT are only useful to the police to help them determine whether or not to they are dealing a driver who may be impaired by alcohol or drugs, and how to proceed with the next step of investigation.

The Official Breath Test
In Tempe AZ, the official breath testing is currently performed and evidence recognized with a machine some call the "Intoxilyzer 8000 Device".
This machine is required be calibrated and tested and routinely maintained on a regular basis by the Tempe police agencies responsible for them. Repair and maintenance records must be kept for all maintenance and repairs. It is not unusual for a breath machine to have a problem and to be pulled out of service for repair. Sometimes, the breath machine has to be sent back to the manufacturer for service or repairs. The only way to determine if the machine was working properly is to view its service records from before and after the arrest.

Breath testing provides instantaneous results, but there is controversy in the scientific community over the accuracy of breath testing and these machines in particular. Many factors can affect the accuracy of the readings of these machines including proper operator error, testing procedure, temperature, and individual human body variances.
Choosing a Tempe DUI Lawyer for your DUI Defense

If you have been arrested for a DUI in Arizona it is important that you consult a Tempe Arizona DUI lawyer or criminal defense attorney who defends cases in Tempe Court as soon as possible. Make sure they are well versed in the constantly changing and strict Arizona DUI laws, familiar with all forms of DUI testing and their common flaws or weaknesses. Consider a DUI lawyer's qualifications, background, experience, and litigation skills. High rated DUI attorneys in Arizona know how and which DUI defenses will need to be used to based on your set of circumstances. Further the defenses must be used properly through the appropriate channels of the Arizona Criminal Justice System. Also, make sure the DUI attorney defends DUI charges on a regular basis in Tempe Court and is familiar with Tempe court procedures, protocol, the judges and prosecution.

Retaining a good DUI lawyer who defends DUI charges in Tempe AZ, is the best thing you can do to take control of your life and your Tempe AZ DUI charges following your arrest. It can mean the difference between getting the max due to a conviction, v. getting your case dismissed, charges and sentencing reduced, of a much better outcome in your case than if you tried to fight the system alone.

Continue reading "Tempe DUI Attorney Use DUI Breath Test Defenses" »

December 3, 2010

Scottsdale Marijuana DUI Defense

"The Medical Marijuana Prop 203 passing, will not affect Scottsdale Arizona's Drug DUI laws... But top drug DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies".

Scottsdale DUI with Marijuana Charges
The passing of Medical Marijuana Prop 203 law, will not affect Scottsdale Arizona's Drug DUI laws. Even if you are a qualified card holder to use Medical Marijuana (pot, weed, grass, cannabis) you will not get immunity against the strict Scottsdale DUI laws. If you are stopped by the Scottsdale police and determined to be driving "impaired to the slightest degree" with Marijuana in your system, you may be arrested or charged with an Arizona Marijuana DUI or Drug DUI. If so, you should consult an Arizona drug defense, criminal defense, or DUI lawyer as soon as possible to discuss your Arizona Marijuana DUI or Drug DUI charges and defense options.

Scottsdale Marijuana DUI Laws
Scottsdale Marijuana DUI laws fall under the authority of the State Laws of Arizona. 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.

Even if you are a certified Medical Marijuana card holder in Scottsdale AZ for use of medical Marijuana, or you have taken any other drug legally prescribed by a licensed physician, or an over-the-counter drug at your local drug store while driving and found to be "impaired to the slightest degree", A.R.S. 28-1381 3.B. will apply. 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...."

Scottsdale Drug DUI with Marijuana Testing | DUI Marijuana evidence
The most common way Arizona police test for DUI with Marijuana is through blood testing and urine testing. Both are controversial with regard to the test results and may be argued by your marijuana DUI defense lawyer as to whether or not they are admissible or should be suppressed as improper evidence depending on many circumstances. The Scottsdale prosecution will usually insist that the blood or urine testing is accurate and admissible as evidence to use against you. But top drug DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies.

Arizona Marijuana DUI Penalties
Arizona has some of the toughest laws in the country for Drug DUI and any DUI. Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties, fines, fees or punishments that apply for Scottsdale 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
.
Marijuana DUI Defense Attorney Scottsdale, AZ
The criminal justice system in Scottsdale Arizona is a maze of procedures, protocol, turbulent legislation, and is not empathetic to persons charged with DUI, or DUI with drugs of any kind. The job of the Scottsdale AZ prosecution is to convict you. They are not there to help you or to examine defense strategies to help you defend yourself. The judge can not do anything to help you unless proper motions and compelling arguments in your defense are presented through the proper legal channels. You will need a strong criminal defense attorney, Arizona DUI lawyer or criminal defense attorney in Arizona. There is too much for you at stake to go unrepresented by a proper Arizona DUI lawyer. They will be your ally you need to protect your rights, make sure you are treated fairly, defend you, and do everything possible, to try to get your charges dismissed, reduced or the otherwise best outcome in your case.

Continue reading "Scottsdale AZ Marijuana DUI Laws | Medical Marijuana DUI " »

December 2, 2010

Chandler DUI Attorney

A Chandler AZ DUI charge is not a conviction. You have the right to fight your Chandler DUI through the criminal justice system. A good Chandler DUI defense Lawyer will challenge the evidence, build a defense, attempt to get your charges dismissed, reduced.

Chandler DUI laws and Chandler AZ DUI Penalties are strict and severe. Even a first time Arizona misdemeanor DUI conviction carries harsh penalties. Arizona Felony DUI convictions and sentencing 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 Chandler for DUI you should consult a Chandler Criminal Attorney or Arizona criminal defense attorney who defends DUI charges in the Chandler Court and criminal justice system frequently. Most of the best DUI attorneys who defend DUI charges in Chandler 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.

DUI Penalties Chandler, AZ
Chandler DUI penalties can be devastating and have adverse 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 Chandler Court deems necessary and appropriate for your situation. If you are convicted the factors the Chandler 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 Chandler 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
.
Chandler DUI Defenses
A Chandler AZ DUI charge is not a conviction. You have the right to fight your Chandler DUI through the criminal justice system. A good Chandler 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 Chandler 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 Chandler DUI defense attorney chooses to use will be tailored and built largely upon the circumstances, details, and evidence surrounding your Chandler DUI charges. Your DUI defense lawyer should then effectively present it with compelling arguments and motions through the proper legal channels.

DUI Defense Attorney Chandler, AZ
Some feel that the Chandler Arizona court and criminal justice system are a maze of strict rules, guidelines, and protocol. You will need strong DUI defense such as an experienced criminal defense attorney or DUI lawyer who regularly defends Arizona DUI charges in Chandler AZ.

Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome will increase drastically by retaining a good Chandler Criminal Defense or Chandler 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 "Chandler DUI Arrest | DUI Laws | DUI Penalties" »

December 1, 2010

Phoenix Marijuana DUI Defense

The passing of Medical Marijuana Prop 203 does not affect Phoenix Arizona's Drug DUI laws. The fact that you may be a qualified card holder to use Marijuana (pot, weed, grass, cannabis) does not give you immunity against the strict Phoenix Marijuana DUI or drug DUI laws. If you are stopped by the Phoenix police and determined to be driving "impaired to the slightest degree" with Marijuana in your system, you may be arrested or charged with an Arizona DUI. If you were arrested or charged with a Drug DUI or Marijuana DUI you should consult an Arizona drug defense, criminal defense, or DUI lawyer as soon as possible to discuss your Arizona DUI charges and defense options.

Phoenix Marijuana DUI Laws
Phoenix AZ Marijuana laws fall under the authority of the Arizona State Laws. 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.

Even if you are a certified card holder in Phoenix AZ for use of medical Marijuana, or you have taken any other drug legally prescribed by a licensed physician, or an over-the-counter drug at your local drug store while driving and found to be "impaired to the slightest degree", A.R.S. 28-1381 3.B. will apply. 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...."

Phoenix Drug DUI with Marijuana Testing | DUI Marijuana evidence
The most common way Arizona police test for DUI with Marijuana is through blood testing and Urine testing. Both are controversial with regard to the test results and may be argued by your marijuana DUI defense lawyer as to whether or not they are admissible or should be suppressed as improper evidence depending on many circumstances. The prosecution will usually insist without justifiable circumstances that the blood or urine testing is accurate and admissible as evidence to use against you. A good Arizona defense Attorney will examine the evidence to determine if a compelling argument can be made to suppress it and file the proper motions.

Arizona Marijuana DUI Penalties
Arizona has some of the toughest laws in the country for Drug DUI and any DUI. Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties, fines, fees 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
.
Marijuana DUI Defense Attorney Phoenix, AZ
The criminal justice system in Phoenix Arizona is a maze of procedures, protocol, turbulent legislation, and is not empathetic to persons charged with DUI, or DUI with drugs of any kind. The job of the Phoenix AZ prosecution is to convict you. They are not there to help you or to examine defense strategies to help you defend yourself. The judge can not do anything to help you unless proper motions and compelling arguments in your defense are presented through the proper legal channels. You will need a strong criminal defense attorney, Arizona DUI lawyer or criminal defense attorney in Arizona. There is too much for you at stake to go unrepresented by a proper Arizona DUI lawyer. They will be your ally you need to protect your rights, make sure you are treated fairly, defend you, and do everything possible, to try to get your charges dismissed, reduced or the otherwise best outcome in your case.

Continue reading "Phoenix AZ Marijuana DUI Laws | Medical Marijuana DUI " »