January 2012 Archives

January 24, 2012

"You have the right to defend your Mesa DUI charges, no matter what events led to the arrest. But you chances of actually getting the DUI charges dismissed increase drastically if you are being defended by a good Mesa DUI lawyer."

Mesa AZ DUI Charges
If you were arrested by a Mesa DUI Task Force for DUI or Drunk Driving charges, charges, you should contact a Mesa criminal defense or DUI lawyer as soon as possible. Arizona has some of the toughest DUI - DWI laws and penalties in the country. Currently all DUI convictions can expose you to serving jail time, in addition to other harsh punishments. Most experienced DUI Lawyers provide Free Consultations to those who need legal representation for their Mesa DUI or Criminal Charges, to discuss their case and options for defense.

DUI Charges from a Mesa DUI
Mesa DUI Sobriety Checkpoints (also DUI Task Forces, DUI Safety checks or DUI roadblocks) are set up at pre-determined locations, decided by Mesa city and law enforcement agencies. Generally they are set up around holidays or weekends where high volumes of traffic are expected. Mesa AZ is one of a majority of cities that set up and conduct DUI Sobriety Checkpoints throughout the year. Arizona has adapted the DUI Sobriety Checkpoints guidelines outlined by the National Highway Traffic and Safety Administration (NHTSA).

Difference between DUI Stop and Mesa DUI Stop
The main difference between a DUI stop and a DUI Task Force stop are the events that lead to the stop by police. DUI task forces set up DUI road blocks in a particular location decided in advance and organized by Mesa City Officials and Law Enforcement Agencies. The primary purpose of them is to seek out and arrest persons driving drunk, or driving impaired due to alcohol or drugs. Which vehicles the police will stop at a are decided in advance. Under the NHTSA guidelines the determination must be made by means of a "mathematical formula". For example, they may decide to stop every first, second, third, or fourth vehicle passing through the DUI roadblock. This means the task force police can legally stop the vehicle for a DUI safety check simply because they fall within the pre-determined numbered vehicle. They need no other reason stop or detain the driver of the vehicle.

This is different from a stop where the police pull someone over while they are driving due to suspicion of DUI, DWI, or Drunk Driving. In this case, the police must have "reasonable suspicion" that a violation of the law has occurred. The US Supreme Court held that an officer must have "reasonable suspicion" that a criminal offense or traffic infraction has occurred in order to stop and detain a driver for investigation.
Generally there is no difference in penalties resulting for a DUI task force stop and a Mesa DUI conviction where charges did not result from DUI task force stop.

Mesa DUI Defense Lawyer
You have the right to defend your charges, no matter what the circumstances led to your DUI. Your chances of getting your DUI dismissed increase drastically if you are represented by an experienced Mesa DUI Attorney. Many factors must be evaluated when defending a DUI Charge. Many people feel overwhelmed by the criminal court system's maze of procedures and protocol. Providing a solid defense on your behalf requires being well versed on Arizona DUI laws and changes, and possessing a vast amount of DUI trial experience defending DUI charges. Top DUI lawyers defend cases frequently throughout Maricopa County and are extremely familiar with the court systems, and procedures. They will guide you through the stages of your DUI case; conduct their own investigation of the facts; and events surrounding your DUI arrest. They will tailor and build a DUI defense case on your behalf based on your unique set of circumstances, and present compelling arguments on your behalf. The Best DUI lawyers in Mesa will make every effort to get your charges dismissed; reduced; or the otherwise best possible outcome in your case.

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

January 11, 2012

What You Should Know about Outstanding Arrest Warrants in Gilbert

"Get Your Gilbert Arrest Warrant 'Quashed' (cancelled) by Retaining a DUI or Criminal Attorney who Defends Charges in Gilbert AZ"

Gilbert Arrest Warrants
Do not ignore an outstanding Gilbert AZ arrest warrant. It is a very serious matter. Whether you are at work, home, school, outside of Gilbert or even Arizona, it is a matter of "when" not if you will be arrested. Arrest Warrants put simply gives police the legal authority to detain and arrest you for a criminal, DUI, or other violations of the law that you are being accused of, and have not yet taken care of in the eyes of the police and court.

Length of Time a Gilbert Arrest Warrant Remains Outstanding
Indefinitely. Arrest Warrants will stay outstanding until taken care of. Arrest Warrants don't just go away by themselves. Don't bother trying to wait it out. In Arizona there are no expiration dates on outstanding arrest warrants. Some defendants are arrested decades later after being stopped for a minor traffic infraction. Sooner or Later, you will be arrested. If you have a warrant it will remain outstanding until either the bond is posted or the judge decides to "quash" or cancel it. The judge may require a bond be posted before canceling the warrant. So it is best to be make arrangements in advance to post a bond for your court appearance.

How to Find Out if you Have a Gilbert Arrest Warrant Outstanding
There are a variety of ways to find out if you have an outstanding warrant for your arrest in Gilbert. But the fastest, safest, most reliable way is to consult a Gilbert criminal defense lawyer or Gilbert DUI lawyer. A Criminal defense Attorney who defends charges in Gilbert will conduct a thorough search via accessible legal resources. They will advise you of the most accurate, current information available. Upon Retention they can also guide you through the steps that will benefit your defense the best, as well as build an effective defense for the initial and current charges.

Types of Arrest Warrants in Gilbert AZ
There are two types of specific "arrest" warrants:
• Police Arrest Warrants: These are arrest warrants issued by Police or Law Enforcement Agencies, in order to detain or arrest someone. An arrest warrant can be issued when police feel they have sufficient evidence to suspect a crime was or is being committed and that person was involved in the crime. Refer to A.R.S. Criminal Code Title 13 - Beginning with Article 7, 13-3881
• Bench Arrest Warrants: These are warrants issued by the Gilbert Court Judge. A bench warrant is issued when a defendant fails to appear for their scheduled court time and date for the initial criminal or DUI matter. There are a many reasons why a person may have failed to appear in court, some better than others. None the less, it is in your best interest to retain a Gilbert DUI lawyer or Gilbert criminal lawyer who can "tell your side of the story". They will be able to present compelling arguments, through the proper legal channels in your defense regarding the initial charges and reason for outstanding arrest warrant if it was due to "failure to appear" Reference A.R.S. Criminal Code Title 13-2506 Failure to appear in the second degree; classification 13-2507 Failure to appear in the first degree; classification..."

Defense Options for Outstanding Warrants for Arrest in Gilbert AZ
1) Pay the bond amount set by the judge. Once you pay the bon, the warrant will be quashed. You will then be given a new court date if the warrant is for failure to appear. If you miss your court date again, or cause further delays, the court will frown upon this with more severe penalties for both the initial DUI or criminal matter as well as the "failure to appear" charges. You must appear on the new scheduled court date if you have not hired a Gilbert Criminal Defense Lawyer. They have been able to negotiate alternative more favorable arrangements or can get the warrant quashed all together.

2) Appear before the judge during a "Walk-in Docket". Gilbert Court usually provides a daily time for defendants who need to make unscheduled court appearances. Unscheduled appearances are heard only at specified times available by the Gilbert AZ Court. In the least you should consult a Gilbert AZ criminal attorney to discuss your matter and how to proceed before you appear at a "Walk-in Docket" unrepresented.

3) This is the best way for you to handle an outstanding arrest warrant: Retain a private practice Gilbert criminal attorney or Gilbert DUI lawyer as soon as you can. Early retention is the key to a successful defense for any charges. It is at this point, your Defense Attorney will have the most leverage to tailor a defense strategy and exercise your defense options. Your Gilbert criminal lawyer will confirm the facts, and if retained, can file a Motion to quash your warrant. At that point they can also begin tailoring a solid defense strategy for your Gilbert Criminal or Gilbert DUI charges.

Continue reading "An arrest warrant will remain outstanding indefinitely, until it is taken care of or an arrest is made. Find out the safest way to take care of an arrest warrant." »

January 9, 2012

How to fight a DUI in Phoenix AZ

If you have been arrested for a DUI in Phoenix AZ, you have the right to challenge the charges. You will need to hire a good criminal defense or DUI attorney who defends charges in Phoenix Arizona on a regular basis.

There are many defenses that a good Phoenix DUI attorney will consider based on the unique facts surrounding your DUI case. DUI charges are not "cookie cutter" charges. Each situation must be defended on its' own merits, and defenses will be different depending the set of facts surrounding your case. Below is a short list of defenses that can be used to fight Phoenix DUI charges through the criminal justice system:

• Challenging the reason for the Stop;
• Challenging police observations of the defendant at the time of the stop or arrest;
• Challenging Field Sobriety tests (as graded by the police);
• Challenging Police violations of protocol
• Challenging Breath, Blood or Urine test;
• Challenging other evidence surrounding the arrest;
• Challenging Constitutional Rights Violations;

An experienced DUI defense attorney who defends cases in Phoenix AZ Court frequently will examine all the facts and evidence and determine which defenses will prove to be the most successful in fighting your DUI. Your Attorney will file motions and present compelling arguments on your behalf. You can fight DUI by hiring an experienced Phoenix DUI lawyer. This will increase your chances drastically toward getting your charges dropped, reduced, or the otherwise best outcome in your DUI case.

Continue reading "7 Common defenses used to challenge DUI charges." »