November 2011 Archives

November 30, 2011

Quick Instructions for requesting a Chandler Police Report for DUI or Criminal Charges

1. How to request a Chandler Police Report for Criminal or DUI charges:
The Chandler Police Department accepts requests by for police reports for DUI or Criminal Charges either by mail or in person as follows:
A. Go to the Chandler Police Department Website: "Chanlderpd.com" ;
B. Select "Forms & Reports" at the bottom of the website's Home Page;
C. You will be directed to another page; Choose "Request a Police Report";
D. Download and Complete the Request Report form.
E. Mail or take the form with the fee of cash, check or money order;
F. Checks or money orders should be made payable to "City of Chandler".

2. Where to mail your police report request:
Mailed requests should be sent to:

Chandler Police Records
PO Box 4008, MS 303
Chandler, AZ 85244-4008

Reports may be requested or picked up in person at:
Chandler Police Main Office
250 E. Chicago Street Chandler, AZ 85225

3. Telephone contact for Chandler Police Dept. Records Section
The Chandler Police Records Contact Number is (480) 782- 4000.

4. Hours of Operation of the Chandler Police Department Records Department
You should contact the Chandler Police Records Dept. for current hours of operation.

5. Length of time get you copy of a Chandler Police Report for DUI or criminal charges
Allow 7 - 10 business days for normal processing of closed reports.

6. Fees for obtaining Chandler Police Reports for DUI or Criminal Charges
The cost for a copy of your Chandler criminal or DUI Police Report is $5.00 for the first 35 pages; and $0.15 for every page over 35 pages.

7. Chandler Police Reports on police investigations still pending
If your incident for DUI or criminal charges is pending investigation, pending processing or incomplete, it will not be processed until the report is completed. You will be notified by mail if your request cannot be processed within 10 days for any reason. Additional restrictions may apply. For example, certain reports require a court order to be released. See the "Important Information" on the Request for Report Copy form for additional limitations.

8. Although you may do so, it is generally not necessary for you to obtain a copy of the police report if you are being represented by a criminal defense lawyer.

One of the first things your criminal defense or DUI lawyer will do once retained is request a copy of the police report on your behalf. You may obtain a copy from them. Your attorney will normally take care of the cost as part of your representation fees. Also, what they obtain is usually more comprehensive for purposes of building your defense case. They may also obtain any available 911 dispatch transcripts, media or associated documents relating to your incident.

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November 28, 2011

"Differences between a DUI stop and a Sobriety DUI Checkpoint stop in Chandler AZ."

DUI charges Chandler AZ
If you were arrested at a DUI sobriety checkpoint in Chandler AZ for DUI - DWI or Drunk Driving, you should consult Chandler DUI lawyer soon as possible. Arizona DUI laws are strict and penalties are some of the most severe in the country. Any DUI conviction will expose you to jail time, and other harsh penalties including court ordered interlock devices for your vehicle, fines, fees, and other punishments.



Chandler AZ DUI arrest at a Chandler DUI Sobriety Checkpoint
DUI Sobriety Check Points are also referred to as DUI Safety Checks or DUI roadblocks. They are set up a specified location, time and date decided by City, County and law enforcement agencies. They are frequently conducted around holidays or weekends when traffic is expected to be heavy. Arizona is just one of many states in the country who conduct these DUI Sobriety Checkpoint operations. The National Highway Traffic and Safety Administration (NHTSA) outlined guidelines to use in accordance with city, county and state laws that Arizona has adapted.

Difference between Chandler DUI Stops and DUI Sobriety Checkpoint Stops
The primary difference between DUI stop where the driver is pulled over by an officer while driving, and a Sobriety DUI Checkpoint stop are the events that lead to the DUI stop. In a DUI roadblock situation, police do not need "reasonable suspicion" that a violation of the law was committed or in progress in order to stop vehicle for further investigation.

In a DUI stop where the driver has been hailed to pull a driver's vehicle over while they are driving, in absence of a DUI roadblock, police must have "reasonable suspicion" that a crime is in progress or other law violation has occurred, in order for the DUI stop to be lawful by police.

In contrast, DUI sobriety checkpoint stops are road blocks set up in a specific location, time and date decided in advance by Chandler City Officials and Law Enforcement Agencies. Their purpose is to seek out and arrest persons driving drunk or driving "impaired to the slightest degree" due to consumption of alcohol or drugs. The vehicles that will be stopped at sobriety checkpoints are decided in advance by city, or county officials and their respective police departments.

According to the NHTSA guidelines adapted by Arizona, the determination of which vehicles to stop should be patterned by a mathematical formula of some kind: for example, every first, second or third vehicle that passes through the DUI roadblock. Police do not need any other reason to stop a vehicle at the DUI checkpoint.

Generally, penalties for a conviction do not differ from those resulting from a DUI checkpoint arrest and DUI arrest made in absence of a DUI checkpoint stop.

Chandler DUI Defense Lawyer
By law you have the right to defend your charges, no matter what circumstances led to your DUI stop and arrest. But in order to effectively challenge your DUI charges, you will need to retain an experienced DUI lawyer to defend your charges. Good criminal lawyers will defend your charges; make sure you are treated fairly; defend your constitutional rights, build and present a compelling defense case on your behalf. If you were arrested for a Chandler DUI you should contact criminal attorney who defends DUI charges in Chandler AZ frequently, to discuss your matter and defense options.

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Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499

www.Arizonacriminaldefenselawyer.com
www.novakazlaw.com
www.arizonacriminaldefenseattorneyblog.com
www.Gilbertduilawyerblog.com
Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm
Serving Tempe, Mesa, Chandler, Gilbert, Phoenix, & Scottsdale AZ
Free Consultation! Call (480) 413-1499

November 23, 2011

10 Facts you need to know if you face Chandler Drunk Driving DUI Charges!

1. Chandler Drunk Driving charges are very serious. Chandler DUI Laws are governed by Arizona State DUI laws and penalties which are some of the most strict and harsh in the entire US. Even a first time misdemeanor drunk driving conviction will expose you to severe penalties including time in jail time. Your best chance of getting Chandler drunk driving charges dismissed is to hire a private practice AZ criminal defense or AZ DUI attorney who defends DUI charges in Chandler on a regular basis.

2. Regardless of your DUI evidence, you have the right to challenge your DUI charges Regardless of your Blood Alcohol Content (BAC Level) which resulted from your DUI breathalyzer or blood tests, or whether or not your DUI is a repeat offense, you have the right to hire a private practice AZ DUI lawyer. Regardless of the evidence, you have the right to challenge your DUI charges in order to get them dismissed or reduced to lesser charges or penalties.

3.The Prosecutor is not your friend.
They have one job alone---to convict you. If you find your self in a conversation with the Prosecutor, avoid discussing any matters related to your DUI drunk driving charges or any other personal matters. Otherwise your statements can be used against you. Should a conversation should ensue with the prosecution be polite and respectful, but do not engage in any discussion regarding your Chandler drunk driving charges or otherwise, unless directed by the judge or your defense attorney.

4.You have the right to remain silent...Use it.
You do not want to incriminated yourself or damage your DUI defense. Instead, acknowledge you are aware of your right to remain silent, until you are accompanied by or consult your AZ DUI attorney, and wish to exercise it.

5. Promptly attend all scheduled court appearances for your Chandler
Arizona DUI or drunk driving charges or you will face an arrest warrant.

If you miss your court date or are late, the Judge has the authority to issue a "Bench Warrant", for your arrest due to your "Failure to Appear" (FTA) "A.R.S. 13-2506 Failure to appear in the second degree; classification and A.R.S. 13-2507 Failure to appear in the first degree; classification." The only exception is if you have retained a private practice Arizona DUI lawyer, and either your AZ DUI defense lawyer or the Judge instructs you otherwise.

6.Following a Chandler DUI or Drunk Driving Charge, you will need to deal with two separate entities. First, is a civil matter with the Arizona Division of Motor Vehicle (DMV). An Arizona DUI charge may initiate the suspension of your drivers' license even before your court matter is complete. The second is criminal matter through the Arizona criminal justice system for the DUI charges.

7. If you hire a good Chandler drunk driving lawyer they will immediately begin tailoring and building a strong Chandler drunk driving defense.
A successful defense begins well before your first scheduled court date. The more time you give your DUI lawyer to examine the evidence and build a defense, the greater your chances of getting the DUI charges dismissed. "Doing nothing" or waiting and hoping for the best, without hiring a Chandler DUI attorney, will get you a swift and severe conviction.

8.Without a strong private practice AZ DUI attorney defending you, the prosecution has an undisputed advantage over you. You may also be missing valuable negotiating opportunities through the proper legal channels. Lastly, you stunt you may detriment your defense, by having waived the opportunity to file early relevant motions to dismiss your charges, if they exist. There is no barrier for a defense and no one to protect your rights from unfair treatment and at an unfair disadvantage.

9. If you decide not to hire a private practice Chandler DUI attorney, you will be held to the same standard of the court as if you were represented by an AZ DUI Attorney. You don't get any breaks by the court, by not hiring a private practice Chandler drunk driving lawyer. You will be held to the same standards as would otherwise your Chandler DUI lawyer. This includes complying with procedures protocol; attending conferences and court appearances; meeting deadlines; building and presenting your own defense.

10. A good private practice Chandler DUI Lawyer will be prepared to make every effort to get your DUI charges dismissed. They will tailor, building, and presenting solid and compelling defense on your behalf. In some cases they may get your charges reduced to a less severe charge such as a civil traffic violation, get all or a portion of the evidence thrown out, to get the absolute best possible outcome in your case.

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November 21, 2011

"7 Important Facts about Your Tempe DUI Police Report"

Under Arizona State Public Records Law a defendant or accused is entitled to obtain a copy of their police report for criminal or DUI charges upon request. If you are being represented by a criminal defense lawyer or DUI attorney for your charges, they will generally obtain the report on your behalf. If retained, they will provide you with a complete copy of your report.


Below are important facts about obtaining it:

1. How to get a copy of your Tempe Police Report for your DUI or Criminal Charges
A copy of your Tempe Police report for DUI or Criminal Charges can be obtained either by mail; or in person.
To obtain a copy, you simply need to complete a written request form which can be found at the tempe.gov/policerecords/ website. The name of the form is "Request for Police Records" form number "TPD 706 Rev. 11/10."

2. Where to take or mail your request
Tempe Police Department does not accept requests by telephone, electronically, for DUI or Criminal charges. The address to mail your request is:
Tempe Police Department
120 E. 5th Street
Tempe, AZ 85281

3. Telephone number for Tempe Police Department Records Unit
The contact number for the Tempe Police Department Records Department is (480) 350-8304.

4. Tempe Police Department Records Unit Lobby Hours
Currently, the lobby hours to walk-in to pick-up the police report are Monday through Friday 8:00 am to 5:00 am.

5. Time it takes to get a copy of a Tempe Police Report for DUI or criminal charges
The average length of time it takes is 5 to 7 business days if it is available to be released.

6. Costs for copies of Tempe Criminal or DUI Police Reports
The cost for a copy of your report is $5.00 up to 20 pages. For every page over 20 the cost is .25 per page. You can pay by cash check or money order payable to City of Tempe. You should attached or bring your payment in with your completed request form.

7. If your case is under investigation, you may still request your Tempe Police Report
You may request your Tempe Police Report at any time. However, the Police Report will generally not be released until the police investigation is completed. You will then be contacted or it will be mailed when it becomes available.

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November 16, 2011

James Novak, an experienced Tempe Arizona DUI and criminal defense lawyer explains important reasons why you need an attorney to fight for your criminal defense.


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November 14, 2011

Quick reference for obtaining a Phoenix Police Report for DUI or Criminal Charges

1. How to request a Phoenix Police Report for Criminal or DUI charges:
You may obtain a copy of you DUI or Criminal incident police report by contacting the Phoenix Police Public Records Detail.

2. Location of the Public Records Detail of the Phoenix Police Department
The Public Records Detail area is located at the following address:

Phoenix Police Department
Attention: Public Records Detail
1717 East Grant Street Suite 100
Phoenix Arizona 85034

3. Telephone contact for Phoenix Police Dept. Records Section
The Phoenix Public Records Unit Telephone Number: (602) 534-1127 or (602) 262-7176.

4. Hours of Operation of the Phoenix Police Department Records Department
Hours of operation are 8:00 am to 4:00 PM. Days opened are Monday through Friday; and is closed for observed holidays.

5. Length of time get you copy of a Phoenix Police Report for DUI or criminal charges
Generally Police Reports can be ready for release by request anywhere from 10 days to two weeks. However, depending on the incident, it could be more or less. You should contact the Public Records Detail Unit for questions including fees for obtaining the police reports.

6. Phoenix Police Reports on police investigations still pending
Generally a police report cannot be released pending an investigation. If you have requested a report prior to the completion of the report, the public records department would usually release the report once it is closed.

7. Although you may do so, it is generally not necessary for you to obtain a copy of the police report if you have retained a Phoenix DUI lawyer or Phoenix criminal attorney to defend you.
One of the first things your criminal defense or DUI lawyer will do once retained is request a copy of the police report. In many cases, your attorney will obtain a copy of the report and all information pertaining to it from the Prosecution. Your attorney will usually take care of any costs associated with obtaining the reports as part of your legal representation fees. Phoenix criminal defense lawyer practices may vary. You should contact your attorney for instructions.

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November 3, 2011

Simple instructions for obtaining a Mesa Police Report for your DUI or Criminal Charges

1. How to get a copy of your Mesa Police Report for your DUI or Criminal Charges
To obtain a copy of a Mesa Police report for your DUI or Criminal Charges you may do so my mail. You will need to do the following:

A. Go to the mesaz.gov/police website;
B. Click on "Departments"
C. Select "Records";
D. Download the "PUBLIC RECORDS REQUEST" form.
E. Complete the Form.
F. Mail the Form with your check or money order

2. Where to mail your police report request:

Mesa Police Department does not accept requests by telephone, electronically, for DUI or Criminal charges. The address to mail your request is:
Mesa Police Dept. Records Division
PO Box 1466
Mesa, AZ 85211

3. Telephone number for Mesa Police Department Records Division

The number for assistance with completing the form or obtaining a copy Mesa Police report for your DUI or criminal charges is (480) 644-2310.

4. Time it takes to get a copy of a Mesa Police Report for DUI or criminal charges
The average time for release of a Mesa Police Report for an incident not under investigation is on average 14 days.

5. Costs for copies of Mesa Criminal or DUI Police Reports
The cost for a copy of your Mesa DUI or criminal incident report is $5.00 for up to 50 pages, and .20 for every page thereafter. If a certified copy is needed, the cost is an additional $10.00 per incident report. Checks should be made payable to the Mesa Police Department, and should accompany your completed records request form.

6. Mesa Police Reports on police investigations still pending
If your incident is still under investigation, you may still request your police report. However, the police report will not be available to the public until the investigation is completed. In most cases, the Records Division will send you a copy of the report when it is ready. However, if you think the investigation is completed and still have not received the report you requested, you should contact them by phone or in writing to check the status of your request.

7. You do not need to request a copy of the police report if you have a criminal defense lawyer for your Mesa DUI charges

If retained, one of the first things your Mesa criminal defense lawyer will do is to obtain a copy of the police report on your behalf. They will usually take care of the fee as part of your legal representation services. In many cases they will request more than just the police report. They will also request audio, video recordings or dispatch call transcripts if there are any available and related to your incident.

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November 1, 2011

"If your rights were violated by Scottsdale Police, it can often lead to a dismissal of your criminal or DUI charges in Scottsdale. The key to increasing your chances of winning based on this defense strategy, it is best that compelling arguments be presented by your experienced criminal or DUI attorney who defends charges in Scottsdale.

It is a good idea to become familiar with your criminal rights, before you are arrested or charged with a DUI or crime in Scottsdale AZ. Generally they can be categorized as three different types of criminal rights:

1) Rights afforded by United States Constitution, which are fundamental rights called Constitutional Rights";
2) State of Arizona and Arizona Law;
3) Procedural rights related to the formal charges filed against you, and Arizona criminal court and criminal justice process.

Below are some of your most common and basic criminal rights to invoke or that may apply if you are to arrested or face Scottsdale criminal or DUI charges:

• Your right to "an attorney", criminal or DUI defense, without unjust delays. You must verbalize you wish to invoke this right;
• Your right to "remain silent; you must verbalize this right for it to be invoked;
• Your right to "due process" in order to challenge your Scottsdale Criminal or DUI charges and have an attorney defend you;
• The right to refrain from self-incrimination. You must invoke this right;
• Your right to plead "not guilty";
• Your right to raise justifiable defenses to challenge the charges;
• Your right to obtain and present evidence that will strengthen your defense;
• Your right to challenge the accuracy or credibility of evidence against you;
• Your right for a fair and speedy jury trial (when a jury trial is allowed )
• Your right to freedom from unjust or unwarranted "search and seizure" of your property, vehicle, home or yourself, in absence of a valid search warrant, or "plain sight" exclusion.
• Your right not to be subjected to "cruel and unusual" punishment. Although there is no clear or consistent definition of cruel and unusual punishment, it is generally found that is applies if the punishment violates basic human rights, or dignity.
• "Double Jeopardy" - This relates to the prohibition of the prosecution from bringing the same charges against you twice. It also prohibits the court from the Court invoking more than one punishment for a single crime or violation of the law. Much controversy surrounds this issue. If you have a specific matter, you should refer consult a criminal defense attorney.

If you were arrested or face active Scottsdale criminal or DUI charges, and you feel your rights have been violated, you should contact an experienced criminal or DUI lawyer who defends Scottsdale charges. Do to the complexities of the criminal justice system and the nature of the arguments your chances of getting a good outcome due to these violations are the most successful if argued by a qualified Scottsdale criminal defense or DUI attorney.

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