February 2012 Archives

February 22, 2012

"Arizona, Drug Possession convictions, requires the defendant to have "knowledge" of Possession. If your criminal lawyer can raise reasonable doubt regarding "knowledge" of the drugs in their possession, it can lead to a dismissal of your Possession charges."

Arizona Illegal Drug Possession Laws
In order for the State of Arizona to get a conviction for illegal drug possession charges they have the burden of proving that a defendant had "knowledge" that the illegal drugs were in their Possession. Illegal drugs include possession of Marijuana, Dangerous drugs, Narcotic drugs or any other drugs or substances defined Arizona law A.R.S. 34 13-3401:

• A.R.S. 34 13-3402: A person shall not knowingly: possess, use, produce, sell, transport, distribute, manufacture, Marijuana, or any other illegal drugs;

• A.R.S. 13-105. 10 (a), (b): "Knowingly" with respect to drug offenses or violation of a drug laws, means that a person knows that the circumstances (illegal drugs) themselves exist in their possession;.

• A.R.S. 13- 105. 34: "Possess" means knowingly having physical possession or otherwise to exercise dominion or control over property;

• A.R.S. 13- 105. 35: "Possession:" means a voluntary act if the defendant knowingly exercised dominion or control over the illegal drugs..

Under Arizona drug law, you must not only be in possession of the illegal drug, but you must "knowingly" be in possession of illegal or dangerous drug. In other words for purposes of conviction, it does not matter whether or not the person realized or knew that the drugs were illegal or that their conduct was unlawful.

Phoenix Arizona Drug Possession Defenses
The burden is with the prosecution to prove "beyond a reasonable doubt" that a person had knowledge or should have reasonably had knowledge that drugs were in their possession. This is not always an easy task, and is often an area of defense, that can lead to a dismissal of the drug charges. Below are some common areas the criminal defense lawyers in Maricopa County that be used to challenge drug possession charges depending on circumstances of your case:

• Lack of; or insufficient evidence;
• Unlawful search and seizure;
• Police Entrapment;
• Violations in police procedure or protocol;
• You did not know the drugs were in your possession;
• Common areas are shared by others in the residence where you live;
• You did not know drugs were in the back of a borrowed vehicle;
• You did not know that a passenger in your vehicle possessed illegal drugs;
• Other constitutional rights violations

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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


Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm
Serving Tempe, Phoenix, Phoenix, Chandler, Gilbert, & Scottsdale AZ
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February 14, 2012

"5 Facts about getting a Scottsdale Police Report for DUI or criminal Charges"

"How do I get a copy of my Scottsdale Police Report for my DUI?"
You can obtain a copy of Scottsdale Police report for DUI or Criminal Charges in one of two ways:

1) Mail; or

2) In person.

To obtain a copy, you simply need to complete a Report Request Form which can be found at the Scottsdaleaz.gov website. The form asks for the police report number. If you do not know it, you can still send your request in with as much information as possible, including the date of the arrest, location, and name of the persons involved. If you need additional assistance in completing the form, you can always contact the records department directly at telephone number (480) 312-1999.

For DUI & Criminal Police report requests, you may complete the form that is on line, but currently the Scottsdale Police Department does not accept requests by telephone, electronically, or fax. You will need to mail it or take it in person. The address for which the request can be mailed is:

Scottsdale Police Public Safety Records Dept.
8401 E. Indian School Rd
Scottsdale, AZ 85251

The Public Safety Records Department is located on the East end of the Public Safety Building.

"If I have a Scottsdale Criminal Defense Attorney, do I need to get a copy of my Police Report?"
No. That is usually one of the first things your Scottsdale DUI attorney or criminal lawyer will do once you have retained them. They will in many cases be able to obtain reports a bit more comprehensive than what you would get on your own, including transcripts of any #911 dispatch calls that may have taken place. .

"How long does it take to get a copy of my Scottsdale Police Report?"
On average, it can take anywhere from a few days to a few weeks depending on the circumstances surrounding the criminal or DUI charges. You may request it immediately, and it will be mailed to you as soon as it is available for release to the public.

"How much does it cost to get a copy of my Scottsdale Police Report?"

The minimum cost to obtain a copy of the police report for Scottsdale DUI or criminal charges is $5.00 for up to 30 pages. For all pages over 30, the cost is 25 cents per page in addition to the $5.00 initial charge. They accept cash, check or money order. Checks and money orders should be made payable to "City of Scottsdale". You payment will need to accompany your written request. If you have retained a criminal defense attorney, they will usually take care of paying this fee on your behalf.

"If my case is still under investigation can I still get my Scottsdale Police Report?"
You may request a copy while your case is still under investigation. However, the Police Report cannot be released until the police investigation is completed. The records department will mail it out to you once it becomes available for release to the public. If you believe your investigation is completed, you should contact the Scottsdale Police records department again to follow-up on your request. If you have retained a criminal lawyer to defend you for pre-charge or "pre-indictment" investigation, they will promptly contact the Scottsdale Police Department to notify them that they are representing you, and to release it to them.

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Note: The Law Office of James Novak is a private practice criminal defense firm and not affiliated with the Police Department. This is for general informational purposes only.

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

February 9, 2012

"Disorderly Conduct arrests are not always lawful, and are frequently challenged by experienced criminal lawyers."

Disorderly Conduct Charges Scottsdale AZ - A.R.S. 13-2904
Disorderly Conduct charges in Scottsdale should be taken serious because they can expose the defendant to harsh penalties. If charged, you should contact a criminal lawyer who defends disorderly conduct charges in Scottsdale. Generally the police use this as a "catch all" charges for disruptive behavior. Charges sometimes follow a warning by police, but not always: Due to the nature and subjectivity of the charges they are frequently challenged by criminal defense attorneys, and often charges are dismissed.

AZ Disorderly Conduct Penalties
Disorderly conduct charges can be brought as Class 1 Misdemeanors. This is the highest level of Arizona Misdemeanors which carry the most severe sentencing for misdemeanors. A Class 1 Misdemeanor can expose you to 6 months incarceration and up to $2500.00 fines.

Disorderly Conduct charges may be brought as Class 6 Felonies in Phoenix, AZ. Class 6 felonies are usually charged if the disorderly conduct involves a firearm. Disorderly Conduct Felony Charges carry a maximum sentence of one year in prison, fines, fees, and a long term felony criminal record if convicted.

Criminal Lawyer for Scottsdale for Disorderly Conduct Charges Defense
It is unwise to plead guilty to Scottsdale Disorderly Conduct charges without consulting an experienced criminal lawyer who defends Scottsdale charges. If retained, your attorney will consult their own investigation. Based on the facts of your case they may have compelling arguments to present on your behalf, that the arrest was not lawful. The penalties are too severe to plead guilty without defending your rights and the charges. Your chances of getting a good outcome in your case will increase significantly with retention of a private practice criminal lawyer to defend your charges.

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

February 4, 2012

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

DUI charges Scottsdale AZ
If you were arrested as a result of a DUI task force in Scottsdale AZ for DUI - DWI or Drunk Driving charges, you should consult Scottsdale DUI lawyer soon as possible. Arizona DUI laws are strict. Current law in Arizona requires anyone convicted of DUI to serve time in jail time, court ordered ignition interlock devices; and other harsh punishments. This is the case even for a first time Misdemeanor DUI.

Scottsdale DUI Task Force Stop
DUI task forces (also referred to as DUI Safety Checks, DUI sobriety checkpoints or DUI roadblocks). DUI task forces are set up a certain locations, times and dates decided in advance by the City, County or other jurisdictions. They are conducted by the respective city's law enforcement agencies. They are generally staged around holidays, weekends, or events that expect to draw high volumes of traffic. The goal is to deter and seek out drunk drivers or person's whose driving is "impaired to the slightest degree". Certain guidelines must be followed. Scottsdale Arizona is responsible for deciding on specific details of conducting their DUI Task Force operations. However, in general they have adapted guidelines established by the National Highway Traffic and Safety Administration (NHTSA).

Scottsdale DUI Defense Lawyer
Regardless of the events that led to your Scottsdale DUI arrest, you have the right to challenge your DUI. In order to successfully defend the charges, you will need to retain an experienced criminal defense attorney or Scottsdale DUI lawyer to represent you. Good Scottsdale DUI attorneys will defend your charges; fight for your rights; build and present an effective DUI defense case on your behalf. If you were arrested for a Scottsdale DUI you should contact criminal attorney who defends DUI charges frequently in Scottsdale AZ 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

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