Arizona Criminal Defense Attorney Blog

March 1, 2011

Robbery Laws: Robbery crimes in Arizona are charged as Felonies and expose a defendant to harsh prison sentencing

GILBERT AZ CRIMINAL ATTORNEYS

To defend your Gilbert robbery charges you will need an experienced criminal attorney to defend you. A good Gilbert AZ criminal defense will make sure your rights have not been violated; you are treated fairly; build and mount a strong defense case.

Gilbert AZ robbery charges are classified as Class 4 Felonies under Arizona criminal code A.R.S. 13-1902. If you face robbery charges in Gilbert, AZ you will need to consult a good felony defense attorney who defends Gilbert robbery charges often. Top criminal defense lawyers in Arizona agree in most cases that you should defend your charges and plead “not guilty”. You should as hire an experienced Arizona criminal attorney who defends Gilbert AZ robbery charges to defend you as soon as possible. One key to a winning defense is early retention. You have too much to lose when it come of Arizona Felony charges to let the Arizona prosecution take you on a fast track to conviction without opposition of a qualified defense firm or criminal defense attorney.

Felony Charges | Robbery | Gilbert Arizona
A.R.S. 13-1902 State Laws for Robbery are described as follows (cited in part and paraphrased for legal ease and additional explanation):
A. Someone property was taken; and
B. The owner or permissive caretaker, or other authorized party overseeing the property (such as a sales representative at a convenient store) was present at the time of this theft;
C. The property was stolen forcefully against the owner’s or authorized person’s will;
D. The accused intentionally used threat, intimidation, or force, against the victim to gain control of it, thus causing the person (s) to surrender the property to the defendant against their will.

Robbery Sentencing
Sentencing for conviction of Gilbert AZ robbery charges is severe and generally unwavering. Sentencing may include incarceration with sentences not to exceed 3.75 years in State Prison; extended jail time for up to one year; restitution for the victim’s medical bills, property damage, and return or restitution for the stolen property; supervised probation; mandatory counseling; and a felony on your criminal record that will follow you for years. Other Factors the judge will consider before sentencing include the defendant’s prior criminal record, repeat offenses, nature of robbery, monetary value and number of items stolen.

Robbery Attorney – Criminal Attorney Gilbert AZ for Robbery Charges
Arizona pursues prosecution of Gilbert AZ robbery charges aggressively and to the fullest extent of the law. To defend your Gilbert robbery charges you will need an experienced criminal attorney to fight for you. Only through with qualified legal representation will you have a chance at avoiding a conviction, getting a case dismissal, reduced charges, “not-guilty verdict”, reduced sentencing or other favorable outcome in your case. Be sure to hire a good felony defense attorney who defends Gilbert AZ robbery charges frequently and understand the Arizona criminal justice system as it relates to felonies and robbery charges.

February 25, 2011

COTTSDALE JAIL SPACE FOR RENT

by James E. Novak, P.L.L.C.

February 25, News Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney
On March 1, 2011 Scottsdale Police plan to rent space to defendants in other cities valley-wide convicted of non-violent misdemeanors including Arizona DUI charges for up to 48 hours. This alternative is being offered in lieu of spending that time in Maricopa County’s Tent City or Maricopa County Jail.

No one wants to do time for an AZ DUI conviction under the harsh conditions of Sherriff Joe’s Tent City. So the question is “what’s the catch?”
First, it’s not about comfort for the defendants. Basically, it boils down to money issues. The city of Scottsdale faces a $20 million deficit for next fiscal year’s budget. The idea is to bring in $700,000 from this 6 month pilot program to rent the jail space in the Scottsdale Detention Facility. But some speculate whether or not it makes sense. Officials indicate that that it costs the city approximately $500,000 to keep the jail facilities opened. Scottsdale hopes to offset existing costs, of keeping its two jail facilities opened, and earn a $200,000 in profit to help the budget. The primary Scottsdale booking facility is the down town jail on 75th street in Scottsdale AZ. The facility where they will be renting the space is the Scottsdale via Linda Detention Center.

Scottsdale City officials feel it will help the over populated Maricopa County jail and Tent City because some valley cities in Maricopa County, such as Mesa AZ, do not have the space or capacity to hold defendants overnight. If the 6 month trial fails, officials report that the City of Scottsdale may have no choice but to consider ceasing operations and closing the building down.

Other concerns are that there are only eight additional beds available for out-of city defendants, because the other six are being used to accommodate convicted defendants from Scottsdale City Court.

So how do defendants opt in? Well, besides the Arizona Criminal Justice system’s tape, several other things need to happen. For one, there needs to be room available at the Scottsdale via Linda facility. Eight beds do not sound like a lot. Considering the program is available to valley wide cities, the “no vacancy” sign might light up sooner than expected. And Two, it will cost the defendant $189.00 per day, out of their own pocket to stay at the Scottsdale via Linda jail. Ouch…on a good day, $189.00 that could pay for a nice room at some of the valley’s best hotels and resorts.
Article Resource Used: AZCentral.com, Arizona Republic Newspaper, & Local Fox News Television Station.

February 24, 2011

Synthetic Marijuana (Spice) Bill Signed Permanently into Law; Effective Immediately

by James E. Novak, P.L.L.C.

On February 18, 2011 synthetic Marijuana Bill HB 2167 was signed into law, permanently banning use, possession, or sale in Arizona.

February 24, News Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney
The permanent ban has now been signed into Arizona law by Governor Jan Brewer, which takes effect immediately. Synthetic Marijuana (fake pot) was found to be responsible for such severe and sometimes fatal conditions including but not limited to seizures, strokes, high blood pressure, visual disturbances, heart dysfunctions and more. The synthetic Marijuana chemical compounds were found to be 700 times more potent then the authentic substances of the active ingredients in Marijuana.

Bill Montgomery, Maricopa County Attorney stated that those using, possessing or selling this drug should “consider themselves on notice”. He vowed to aggressively prosecute those who have been charged or arrested for using, possessing or selling synthetic marijuana; and that this and similar drugs pose a threat to the citizens of Maricopa County.

Sources: Office of the Governor, and Local Television News Agencies.
This news is a follow-up article to www.Arizonacriminaldefenseattorneyblog.com dated December 15, 2010 regarding Temporary Ban on use of synthetic or fake Marijuana also known as Spice: http://www.arizonacriminaldefenseattorneyblog.com/cgi-bin/mt-search.cgi?search=synthetic+marijuana&IncludeBlogs=401&search= Click on this link for more detailed information on synthetic marijuana and the ban on it.
Author: James Novak – Criminal Defense and DUI lawyer in Arizona (Former Prosecutor).

The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Phoenix, Mesa, Tempe, Scottsdale, Chandler, Tempe, Gilbert Arizona and surrounding cities valley-wide. .

February 23, 2011

Synthetic Marijuana (Spice) Bill Signed Permanently into Law; Effective Immediately

by James E. Novak, P.L.L.C.

The Best Criminal Attorney in Gilbert AZ is the One that is Best for You

There are many good criminal defense and DUI attorneys who can defend your criminal or DUI charges in Gilbert AZ. But the fact is, the very best one, is the one that is right for you. Sound simple? For the most part it is. And it will take some effort on your part. But in the long run it make just mean the difference of whether or not you get a conviction or a dismissal of your criminal or DUI charges. It applies to the old cliché “Sweat now, bleed less later.”

Below is a list of things you can do to help you find the best criminal defense attorney or DUI lawyer to defend your Gilbert AZ Charges:
• The internet. This may sound remedial. But some people do not realize they should hire an attorney licensed in criminal law in Arizona to defend their Arizona charges. Look for “criminal defense attorney” or “DUI defense Attorney” DUI or Criminal Defense law firms, and the like. Be sure to limit your search within the jurisdiction, city or county and state you received the criminal charges or where you were arrested. Then select a few Criminal and DUI attorneys.
• Review the Attorney’s Website in more detail. Limit your search to Arizona Attorneys who defend cases within Maricopa County, and often in Gilbert AZ Court. The Attorney you choose should be licensed to practice criminal law in the state of Arizona.
• Web Directories. There are literally hundreds of on-line Attorney directories. Again, limit your search to Arizona and the practice areas of criminal defense and DUI defense in the city, county, or jurisdiction in Arizona you were arrested or charged with a crime. .
• Review Sites and Forums. There is a wealth of information that can be found through internet review sites and social networks and forums. Find out type of experience others have had and their outcomes by hiring a particular attorney. A word of caution, do not post details regarding your criminal or DUI charges before or during the process of your situation while you are looking. Your comments are public and can be used against you.
• Referrals from trusted friends, family or neighbors. Be sure not to discuss your particular situation or details surrounding your charges.
• Contact the Arizona State Bar and/or the Maricopa County Bar Association to find out if they are licensed to practice criminal law in Arizona and for how long. They may also have other useful information to assist you.
• Once you have narrowed your search to a few attorneys that you feel are qualified and have the experience and credentials to defend your case, contact them for a Free Consultation.
• The consultation may be by phone or in person, whatever is agreed upon by you and the criminal defense attorney. Explain your charges, and answer any questions they have relating to your situation. The attorney will need to get information to further assist you, discuss your defense options and you’re your a rate quote for retaining their legal representation.
• Use the consultation not only to get information relating to the charges and your defense options, fill the voids of information you would like to know about that attorney to help you make your decision. This should include qualifications, knowledge, training, experience, credentials, defense at trial, and how often they defend cases in Gilbert AZ. Most criminal defense or DUI attorneys should be able to give you a rate quote by phone. Ask about fees and flexible payment plans if needed. Ask whatever you need to know to make you feel confident you are making the right decision.

Choosing the best Attorney to defend you in Gilbert AZ for your DUI or criminal charges is an extremely important decision. Your freedom and future are in jeopardy. You need to find the best defense attorney for you. A well thought out decision will increase your chances of getting your charges dropped, a not-guilty verdict, a dismissal or reduction of charges or sentencing rather than a harsh conviction.

February 22, 2011

5 types of criminal defense Attorneys to avoid when looking for DUI and Criminal Defense Representation

by James E. Novak, P.L.L.C.

By: James Novak, Phoenix DUI & Criminal Defense Lawyer
Due to ethical practices, this author will not be throwing any peers under the bus or name dropping. Even better however, you will get tips and tools to help you identify, good Arizona criminal defense Attorneys and DUI lawyers from those who should think twice about before hiring. The ordeal of a DUI stop or criminal arrest is traumatic for most people. The last thing you need, is to be taken advantage of, adding insult to injury. Here are examples of 5 red flags that should alert you, to seek another criminal or DUI lawyer’s services for your Arizona criminal charges.

1) An Attorney out of state who is not licensed to practice law in Arizona.
If you have Arizona criminal or DUI charges, you need to hire an attorney in good standing who is licensed to defend cases in Arizona, for many reasons. To name a just a few: Criminal and DUI laws and penalties are some of the most severe in the country. The laws are turbulent and constantly changing. You need to hire someone who is well versed and familiar with the laws and the criminal justice system in Arizona.

2) An Attorney who “guarantees” they can get your DUI or Criminal charges dismissed. No attorney has a crystal ball. No attorney can tell you before retention, examination, and due criminal law process, what the outcome will be. And certainly no attorney can predict in advance what a jury will decide. . Anyone who guarantees an outcome to lure you into to hire them is giving you false hope, which is cruel and unethical.

3) An Attorney who tells you all DUI charges are “standard” and will result in the same outcome. This could not be further from the truth. All DUI & criminal cases have their own unique set of circumstances. Depending on the facts, the laws, the attorney who is defending you; defense strategies used; the strengths and weaknesses of the prosecution’s case; and much more, determines the outcome in a case. DUI and criminal charges get dismissed every day in Arizona. Some of the charges and sentences can be reduced. Some defendants enter negotiated agreements which can have a variety of terms. Every case is different, and there are many possible outcomes.

4) An Attorney who uses “scare tactics”. There is big difference between giving you factual information related to your charges and the criminal law process, v. trying to scare you into hiring them. After your consultation or hiring of an attorney you should feel confident that you are in good hands and that you have hired a competent AZ DUI and criminal attorney who will fight vigorously for your rights and freedom. You should feel a sense of trust and peace of mind- in their competence. You should never feel that if you don’t hire that particular attorney you will get the maximum sentencing allowed by law. Enough said.

5) An Attorney who charges high fees tells you that if another Attorney charges lower fees, they are less competent or will do less work on your case. Wrong, wrong, wrong again. There are no official governing entities dictate how much attorneys can charge in Arizona. You will get a wide range of quotes low to high. What AZ criminal and Dui Attorney’s charge is not a reflection of their competence, or how hard they will work to defend your case. Some of the best Arizona DUI lawyers charge some of the lowest fees and have for years. There are many reasons for this including, the law firm’s operating costs, staffing needs, advertising expenses, size of the firm, competition, location, and more. Arizona has no shortage of qualified, experienced criminal and DUI attorneys who can provide you with a solid and effective defense at an affordable price.

February 21, 2011

AZ MEDICAL MARIJUANA ACT UPDATE 1

by James E. Novak, P.L.L.C.

ADHS announces final rules for the Arizona Medical Marijuana Act on schedule to be published March 28, 2011. Over 2,150 comments were submitted to ADHS regarding the final rules.

February 19, 2011 News Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney
According to the official ADHS website, the public comment period for the draft rules closed February 18, 2011 as expected. The ADHS stated their target date to publish the final rules is March 28, 2011.

The ADHS will be reviewing the more than 1,000 comments they received electronically and 150 verbal comments provided during public comment sessions, on this second and final round of soliciting public feedback. Abut 1,000 comments were submitted for the initial draft rules. The ADHS plans to make the comments available to the public in the near future.

When you think about the hundreds of thousands of people who voted one way or the other, on Prop 203 back in November 2010, the number of comments, (approximately 2,150) pales in comparison.

So here we are, with implementation around the corner. Arizona residents were given their chance to vote, and provide constructive input regarding the Medical Marijuana Act rules. Each city in Arizona will administer the Medical Marijuana Law by adopting the final rules as they see best fit for their city.

There will be those who have significant interests or who will be greatly affected by the law, and are still unhappy with the final outcome following all due processes. With respect to those, they have one final option to act: Put simply, move…to another city or state. Like it or not, that’s the way it is.

February 18, 2011

Arizona Felony Theft Laws: Factors that elevates a Misdemeanor Theft to a Felony Theft

by James E. Novak, P.L.L.C.

Arizona criminal Lawyer provides insight into Criminal Defense for Theft Charges in Arizona

If you face felony theft charges in Arizona it is important that you contact Arizona criminal attorney who defends charges in the jurisdiction where you were arrested or received charges. Felony theft charge convictions can result in severe penalties, incarceration, in prison or jail, large fines, mandatory restitution and other punishments added as the court deems necessary based on the facts. You may have defenses that can be used to help you avoid a conviction. The best Arizona criminal attorneys agree you’re your chances of getting you’re AZ theft charges dismissed or reduced increase significantly if you retain an experienced Arizona criminal defense attorney.
Arizona Theft Defenses Based on Theft Laws in Arizona
Arizona theft laws begin with A.R.S. 13-1801 and A.R.S. 13-1802 and can be found at the azleg.state.az. Arizona Revised Statutes website. This discussion surrounds excerpts of the law cited in part from A.R.S. “13-1802. Theft; classification which reads in part as follows:

“…A. A person commits theft if, without lawful authority, the person knowingly…: 1. Controls property of another with the intent to deprive the other person of such property… B. A person commits theft if, without lawful authority, the person knowingly takes control, title, use or management of a vulnerable adult’s property while acting in a position of trust and confidence and with the intent to deprive the vulnerable adult of the property….”

It is a comprehensive of a definition. But from a defense standpoint emphasis was added to the words “knowingly” and “intent”. In order to get a conviction the Arizona prosecution will need to prove that you knowingly and intentionally committed the theft. This is just one of many defenses that experienced criminal defense attorneys in Arizona will use to build an effective defense on your behalf. Depending on the circumstances of your case, a good private practice criminal lawyer will recognize other defenses and present compelling arguments on your behalf.

Felony Theft Penalties Arizona
Felony Theft Penalties are determined based on classification of the felony. Felony theft classification is based on the dollar amount or value of the stolen property or service summarized below:

• $25 000. or more = Class 2 Felony;
• $4,000. or more but less than $25,000.00 = Class 3 Felony;
• $3,000. or more but less than $4,000. = Class 4 felony;
• Theft of a vehicle engine or transmission is a Class 4 felony, regardless of the value of that vehicle, engine or transmission;
• $2,000. or more but less than $3,000 = Class 5 felony;
• $1,000. or more but less than $2,000.00 = Class 6 felony;
• Less than $1,000. = Class 6 felony if the stolen property is a firearm or an animal stolen with the intent of using it for animal fighting (A.R.S. 13-2910.01 violation)

If the stolen property or service value is equivalent to $100,000.00 or more the defendants will not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as pursuant under section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

Criminal Defense Attorney in Arizona
Arizona felony theft charges have many facets which need to be evaluated by an experienced criminal lawyer to determine from what front the charges may be challenged. A good criminal lawyer in Arizona will know how to use the Arizona Laws to your defense advantage. They will guide you through the criminal law process, while looking for every opportunity to strengthen your defense, challenge evidence, and weaken the prosecution’s case against you. Due to the severity of penalties for felony thefts it is imperative to be defended by an experienced private practice Arizona criminal attorney if you wish to have any chance for success at defending your charges, getting a case dismissal, reduction of charges, sentencing or good outcome in your case.

February 16, 2011

What Factors to consider when looking for the best legal representation for your DUI or criminal charges

by James E. Novak, P.L.L.C.

Law Article Written By: James Novak, Phoenix DUI & Criminal Defense Lawyer
If you are charged with a crime or DUI in Arizona, you should consult a good Arizona Criminal Defense or DUI Attorney. Many do not know where to start or what to look for when to hire a good DUI or criminal attorney. Consequently, they may hire the one lease expensive thinking will produce the same outcome, so why pay more? Or to the contrary some feel if they higher the most publicized or expensive DUI and Criminal Defense attorneys they will get a better outcome. Neither perception is true.

Some of the best Arizona criminal and DUI defense attorneys are Law Firms who charge the most affordable price and can get you the same or better outcome. And some of the most expensive attorneys simply “go through the motions” and do little to protect your rights or fight for your defense. In the latter scenario, the final product results in a losing and unfavorable outcome. The best qualified Arizona criminal defense and DUI lawyers agree that there are far more factors to consider than price. There are more factors to consider when choosing an attorney if you are facing AZ criminal or DUI charges. So below are some important questions to ask and answers to consider:

• Are they familiar with constantly changing Arizona Laws and penalties?
• What forum or resources do they use to keep updated on these changes?
• Are they licensed with the Arizona State Bar to practice criminal and DUI defense in Arizona?
• How long have they resided in Arizona?
• How long have they defended criminal and DUI charges in Arizona?
• Approximately how many cases have they defended relating to your particular charges (assault, DUI, Theft, etc)?
• Are they familiar with utilizing criminal and DUI defense strategies that apply to your charges?
• How long they have been practicing Criminal and DUI defense?
• How experienced are they in trial and litigation?
• Approximately how many trials have they done?
• What was the outcome of those trials?
• Is their Law practice exclusive to Criminal and DUI Law?
• Have they been former prosecutors?
• Do they have a proven track record of success?
• Are they good litigators?
• Can they examine the evidence to build and mount the best defense?
• Do they regulate their case load to make sure they can put the time and effort needed to labor over building and mounting the best defense for you?
• Who will be handling the details and events of your case from start to finish? If a different attorney at that law firm will be handling your case, you want to make sure you meet them and ask them the same questions.
• Are they strong enough to challenge the prosecution’s case or evidence against you?
• Will they be available to answer your questions and guide you through the processes?
• Will they over turn every item of evidence to look for weaknesses in the prosecution’s case?
• Will they be able to present compelling arguments and file motions with the court, and educate the judge, prosecution and jury about your side of the story?
• How often have they defended cases in that particular court you are required to appear in Arizona?
• Are they familiar with the judge, prosecution, procedures, and stringent time-lines?
• Have you read reviews on the internet about the quality and effectiveness of their defense?
• Has anyone you know and trust referred them to you?
• Are their fees affordable and competitive in relation to others in the jurisdiction for which you face charges?
• Can you comfortable with communicating with them?
• Are they directly assessable?
• Are they respected and reputable in the community?
• Did you feel confident after your consultation that this DUI or criminal Attorney will give you the best defense possible?

This is just a sample list to consider when looking for a good AZ criminal or DUI attorney, but this should paint the picture. A good defense attorney will gladly answer these and any other questions you have to your satisfaction. If not, or you do not fee that comfort level, then talk to other criminal or DUI attorneys in Arizona until you do. You are the employer in this case. It is only prudent that you ask the right questions and get the answers you need to hire the best Criminal or DUI attorney to defend your case.

February 14, 2011

Resources to help you find a good criminal defense or DUI lawyer

by James E. Novak, P.L.L.C.

How to Find the Best DUI Attorneys in Mesa, AZ
Arizona State Laws are strict, and punishments severe for DUI charges in Mesa Arizona. First time DUI convictions carry mandatory sentencing of jail time along with other adverse punishments. You will need to hire a good criminal defense or DUI attorney who defends cases often in Mesa AZ to represent you through the Criminal Justice system. They will make sure your rights are protected and do everything possible to get the best outcome in your case.

Here is a short list of resources to look and help you find the best criminal defense attorney to defend you in Mesa Court or other court in Maricopa County for your Mesa AZ Charges:

• The internet. Many attorneys not only have websites, but have a wealth of information on their website that tells you about them, their experience, qualifications and credentials.
• Internet review websites and other public resources on the web.
• Referrals from friends, neighbors, or family. Be cautious not to reveal or discuss and details regarding your case.
• Maricopa County Bar Association.
• Arizona State Bar. Make sure the criminal defense attorney is licensed to practice criminal defense in Arizona. If you were charged in Arizona, you need to hire an attorney who is licensed to practice in Arizona and does so regularly. .
• Once you have selected a few attorneys you wish to speak with, contact them for a Free Consultation. Be sure the consultation is free. Most criminal and DUI attorneys do not charge for the initial consultation,
• Answer any questions the Attorney may have. They will need additional information to help you. Then ask about your defense options and their fees for retention including terms of fee payment. Many attorneys are flexible and will provide a discount if you ask depending on the nature of the charges and the amount of work they will need to put into your case.
• Ask the Attorney all the questions you can about training, education, experience, and qualifications, that you were unable to find out about them through your initial resources.
• Affordability. Compare fees of the attorneys you speak with. Understand that the most expensive attorneys many not provide you with the best defense. And in contrast, the least expensive attorneys many be some of the best DUI and criminal defense attorneys in the state of Arizona.
• Communication. You must feel comfortable in your communications with your attorney. When you hire an attorney, you are the employer. But the fact is you will be working together as a team to get the best possible outcome in your case.
• Trust. You need to feel confident that your DUI attorney can do the job. If they give you advice, there is usually a good reason for it. If you don’t know what that is, ask. You will be working with your attorney as a team. If you do not trust their judgment or competence from the start, your defense will be headed for disaster. So if the basic trust is not there from the start, you should continue your search until you feel that comfort level.

Choosing a Mesa DUI or criminal attorney for your Mesa criminal charges is one of the most important decisions you will make in a lifetime. An unwise decision can cost you not only the attorney fees, but your freedom and future. A wise well thought out decision will increase your chances of getting a dismissal or reduction of charges or sentencing and potential for a fresh start on life. Second chances are rare.

February 9, 2011

Things you can do to make sure you retain the best attorney to defend your criminal charges

by James E. Novak, P.L.L.C.

The Best Criminal Attorney in Chandler AZ is the One that is Right for You.

There are plenty of good criminal and DUI defense lawyers who defend criminal or DUI charges in Chandler AZ. But the question is which one is right for you? It will take some effort on your part. It likens to the age old cliché “Sweat now, bleed less later.”

Here are some tools that will help you make your decision. Below is a list of things you can do to help you find the best criminal defense attorney or DUI lawyer to defend your criminal or DUI charges in Chandler AZ: :