Phoenix DUI Lawyer Blog

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 "Gilbert DUI Lawyer | Arrest Warrant | Criminal Defense Gilbert" »

5 things you should know about your Gilbert Drunk Driving Charges!

The best advise a good Gilbert drunk driving lawyer can give you...

1. Arizona Drunk Driving charges is a serious offense. Arizona has strict DUI laws and penalties. Even a first time misdemeanor drunk driving conviction will expose you to severe penalties including time in jail time in Arizona's "Tent City". If you choose not to hire a private practice Gilbert DUI Attorney, lawyer, you will most likely meet an early conviction with severe punishments. Your best chance of getting your DUI dismissed, is to hire a private practice AZ criminal defense or DUI lawyer who defends DUI charges in Gilbert on a regular basis.

2. The Prosecutor is not your friend. After you are arrested in Gilbert AZ for drunk driving, the DUI charges are escalated to the Prosecutor for criminal processing. If your paths should cross with the Prosecutor, do not discuss any personal or other matters related to your case. Some defendants who have gone down that path, were surprised at statements they made to the prosecution were used against them. While they may appear friendly and greet you with a smile, you must remember, they have only one mission in mind...to convict you of a Gilbert DUI charge. So if a conversation should ensue, be polite and respectful, but do not engage in any discussion regarding your Gilbert drunk driving charges or otherwise. You have the right to remain silent. Use it. Otherwise, you may find that you have incriminated yourself and damaged your DUI defense. Instead, simply 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.

3. Be prompt, and attend all scheduled court appearances for your Gilbert
Arizona drunk driving charges. If you miss your court date or are late, the Judge has the authority to issue what is known as a "Bench Warrant", for your arrest due to your "failure to appear". The only time this is not the case, is if you have retained a private practice Arizona DUI lawyer, and they or the Maricopa County Judge instructs you otherwise.

4. Following your arrest for a Gilbert DUI, you will need to deal with two separate entities. First, is 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 Court for the criminal matter, the AZ DUI.

5. If you hire a good Gilbert drunk driving lawyer or Gilbert DUI law firm, they will immediately begin your drunk driving defense. A successful defense begins well "before" your first scheduled court date. The more time you give your defense a chance to build a defense case, the greater your chances of getting them dismissed. Doing nothing and waiting in hopes of the best, without hiring a Gilbert DUI attorney, gives the prosecution the advantage of having a case built against you, and leaving you with no shield of defense or preservation of your rights. 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. If you decide not to hire a private practice Gilbert 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 Gilbert drunk driving lawyer. You will be held to the same standards as would otherwise your Gilbert DUI lawyer. This includes complying with procedures protocol; attending conferences and court appearances; meeting deadlines; building and presenting your own defense. Criminal and DUI charges are dismissed often for violations of a defendant's rights, violations in police protocol, weak evidence, or violations of police procedures required by AZ Law. An experienced Gilbert 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.

Continue reading "Gilbert DUI Lawyer | Drunk Driving Arizona " »

"You have the right to hire a Gilbert criminal lawyer or Gilbert DUI lawyer at almost every stage of your DUI or criminal case. But the earlier you retain, the greater your chances of getting your Gilbert DUI Dismissed."

The Importance of Hiring a Gilbert AZ DUI or Criminal Lawyer Early
You can retain an Arizona Criminal Defense Lawyer at nearly every stage of a Gilbert AZ DUI or criminal case. However, the best Gilbert DUI and criminal defense lawyers would agree that the earlier you retain DUI Lawyer or criminal lawyer for your Gilbert charges, the greater your chances of getting your Gilbert DUI or criminal charges dismissed. Early retention of a Gilbert AZ DUI or criminal defense lawyer is a one of the most important keys to a successful defense. Time gives your Gilbert DUI attorney to gather evidence; protect your rights; build a successful defense strategy; file early motions; present compelling arguments to the court, prosecution or jury; and recognize and utilize the right time and processes to negotiate a dismissal of your charges.

At some mid to late stages in the DUI criminal justice process a good number of Gilbert criminal lawyers or Gilbert DUI attorneys will not accept your case. If you contact a private practice Attorney during mid or later stages of your case, they may not accept it. This is because due to their time demands, and heavy court or trial schedules, they feel it is too late to provide you with an effective defense. This generally occurs for the following reasons (reasons are not all inclusive):

• You already have a public defender, or private practice attorney who has been handling your case. You are not happy with the direction the case is going so you call another private attorney. If you have no intention of hiring them, they will not discuss your case further. Most DUI or criminal attorneys will refrain from discussing your case. Among other reasons, they may feel that to do so is unethical, and the attorney will refer you back to your original attorney.
• Often the prosecution and court have their minds made up about a plea offer that was made but unacceptable to you. It is not likely they can be persuaded to reduce the penalties just because you hired someone else. In fact they often times end up "digging their heels" further into the ground about the initial offer(s).
• You made admissions regarding your guilt, on record, either to the police, investigator, in court, deposition, or testimony, in response to the allegations against you. This may have jeopardized your defense case to the point that it can not be salvaged.
• You may have knowingly or unintentionally waived Rights you could have used for certain defenses that could have led to a dismissal of your charges.
• Consider it your best interest if a new private practice attorney refrains from taking your case, if they feel their intervention will not likely change the outcome at that point.
• Many Gilbert DUI and criminal defense lawyers and law firms regulate their case loads. They may feel that it would be too labor intensive and time consuming to the point and would take away from time required to defend their current clients who signed on earlier, as well as their heavy court and trial schedules that exist. Their first obligations would be to them, to allow adequate time and resources to tailor and mount a successful defense.
• Your case or trial is over and did not have a good outcome, so you want to appeal the decision. Not all attorneys handle Appeal cases or provide post conviction services. Some handle limited cases, to those clients the previously served. However, there are trial lawyers who do them on a regular basis. It may just mean o looking a little further, or making a few more contacts to find them.

Remember to hire a Gilbert criminal lawyer or DUI lawyer is, no different than being an employer. They work for you. However, Gilbert DUI lawyer or criminal defense attorney also has the right refuse the job; thereby, refraining from handling your case.
If you prudently hire a private practice Gilbert DUI Lawyer or criminal attorney early on, you will have a vast amount of defense Attorneys to choose from. You will easily find good legal representation at an affordable price, without looking too far. Most importantly, they will have adequate time to tailor, build and present a solid and effective defense case on your behalf.

Continue reading "Gilbert DUI Lawyer | One Key to Getting a Tempe DUI Dismissed" »

If you were recently charged or arrested for a Gilbert DUI and have not gone through the phases of the Gilbert criminal justice system, you are still considered "innocent" until and unless proven "guilty". A charge is not a conviction. And the key to a winning defense is to find is hire the best Gilbert AZ DUI defense attorney as early as possible.

Gilbert DUI and DWI courts depend primarily on two factors for sentencing as follows: :
1) What type of DUI or DWI charges you have;
2). Your prior DUI or criminal history

If you face any type of DUI or DWI charge in Gilbert, AZ should consult an AZ DUI Lawyer or Criminal Lawyer who defends DUI or criminal charges in Gilbert AZ Court.
When you contact the DUI attorney's office, be sure you speak directly with the attorney, not a sales representative or screener. In order to assist you with your questions, the AZ DUI attorney will need to know the type of DUI you with charged with and any prior DUI or criminal record you have, if any. If you are told you must go through their screening or administrative staff before you are allowed to speak with an attorney, it may be a good idea to contact another one.

Types of Gilbert AZ DUI - DWI Charges
• Impaired to the Slightest Degree or BAC above .080 (first offense)
• Impaired to the Slightest Degree or BAC above .080 (second offense)
• Extreme DUI BAC .150 -.199 (first offense)
• Extreme DUI BAC .150 -.199 (second offense)
• Super Extreme DUI BAC .200 or higher (first offense)
• Super Extreme DUI BAC .200 or higher (second offense)
• Class 4 Felony Aggravated DUI - the result of 3rd DUI in 7 years or DUI while driver's license was suspended or restricted.
• Class 6 Felony Aggravated DUI - the result of DUI with child under 15 years of age in the vehicle.

DUI - DWI "with a priors" DUI, or other prior Criminal Convictions
Any Gilbert AZ DUI or DWI should is a serious offense. All DUI - DWI convictions require mandatory jail and other adverse punishments. A Gilbert DUI -DWI Charge "with priors" or an existing criminal record will result in a more severe sentencing if convicted.
A previous DUI is considered "a prior" if it occurred within the last 7 years or 84 months regardless of what state it occurred.

Gilbert AZ DUI Penalties
Gilbert DUI definitions, classifications, sentencing and penalties are governed by the guidelines, and minimum sentencing rules of the State Laws of Arizona. These references can be found in detail under each type of violation at "azleg.gov/ArizonaRevisedStatutes. Here are a few citation references to send you in the right direction to find exactly what you are looking for"
"...Article 3 Driving Under the Influence 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification 28-1382 Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification 28-1383
Aggravated driving or actual physical control while under the influence; violation; classification; definition..."

Gilbert AZ DUI Sentencing
Minimum sentences exist for any Gilbert DUI - DWI conviction. However, the Gilbert AZ Court usually has the authority of ordering additional penalties if they deem necessary based on the facts, and your prior criminal history if any.
Gilbert DUI or DWI convictions will expose you to the following minimal penalties:
• Mandatory Jail;
• Fines, Fees, Costs;
• Mandatory Installation of a costly Ignition Interlock Device installed in your vehicle (at your expense), for a court ordered amount of time;
• Alcohol or drug screening which may result in mandatory participation in a certified counseling, or treatment program.

Gilbert AZ Felony DUI - DWI
A Gilbert AZ felony DUI also known as "aggravated DUI". Convictions for aggravated DUI charges are far more serious and carry harsh penalties. These usually include extended incarceration in jail or prison, depending on the circumstances in your case. They also include higher fines, fees, and costs, probation, among other penalties.

Gilbert DUI Lawyers and the need for DUI Defense Gilbert AZ
If you were charged or arrested for a Gilbert DUI and have not gone through the phases of the Gilbert criminal justice system, you are still considered "innocent". You are innocent until and unless proven "guilty" in a court of law. A charge or an arrest is not a conviction. No matter how high your BAC or any other circumstances surrounding the charges, you still have the right to challenge the DUI charges. You also have the right to a defense attorney. Don't waive this right. It is one of the most important rights you have after an arrest. And choose your DUI attorney wisely. For a winning defense or the best possible outcome in your case, make sure you choose a private practice attorney, who has the time and resources to spend to fight your DUI. The best Gilbert AZ DUI lawyers will fight to get your Gilbert DUI charges dismissed, reduced sentence/penalties, or an otherwise better outcome in your case.

AZ criminal and DUI laws and legislation are subject to change. For accurate and current information on the law, contact James Novak, experienced Arizona DUI and criminal defense Attorney.

Continue reading "Gilbert AZ DUI Lawyer | AZ DUI Defense | AZ DUI Penalties " »

How the Best DUI Lawyers in Gilbert AZ Fight DUI Charges

If you were arrested for a DUI in Gilbert AZ you have the right to fight your DUI charges. The very first thing you need to do is to consult an experienced criminal defense or DUI lawyer who defends DUI charges often in Gilbert AZ.

If you wish to fight your DUI charges, you will need to retain a good Gilbert AZ DUI or criminal defense attorney. This is due to the strict DUI laws in Arizona and severe punishments if convicted. Even first time DUI charge with no prior criminal record carries mandatory sentencing of jail time. If that is not enough, the unfamiliarity of the criminal justice system is overwhelming. Many don't fight their DUI charges because they feel it is hopeless. The Mesa AZ criminal justice system can be a maze of unfamiliar laws, procedures, time-lines, and constantly changing Arizona DUI legislation.

There should be no secrets as to how your DUI attorney will fight your DUI. A good Gilbert AZ attorney will keep the lines of communication opened to keep you informed throughout the processes. Which defense strategies your Gilbert DUI lawyer will use, is will be based upon the circumstances surrounding your Gilbert DUI charges and arrest. Here are some examples of categories of defenses that some the best criminal defense Attorneys in Gilbert AZ use to fight DUI charges in Gilbert AZ:

• Challenging the reason for the DUI stop by the police officer. Why did they pull you over in the first place?);
• Challenging police observations at the time of the stop or arrest with credible and trustworthy witness testimony on your behalf that conflicts with the police report.
• Challenging evidence involving Field Sobriety Tests (FST). Results of FST have long been controversial. They are subjective in nature, and the one doing the grading is the police officer. Often FST results are considered to be inaccurate. It has been found that many individuals who are not driving impaired by drugs or alcohol can not pass the FST to the police officer's satisfaction.
• Analyzing the officer's conduct, and behavior along with obtaining information on prior history of disciplinary actions that may exist for this officer;
• Challenging accuracy and protocol of Breathalyzer, Blood, or Urine tests conducted. Your Attorney will evaluate issues such as transport, storage, and handling of the samples, to determine if proper procedures were followed. Accuracy of the tests results can be challenged by having the sample retested by an independent lab. (The police generally will give you a second sample on the spot at the time it is taken for your defense. If they do not offer, be sure to ask hat a second sample be taken for your defense attorney.);
• Obtaining exculpatory evidence in favor of your defense;
• Presenting compelling arguments to the prosecution and filing motions with the court regarding weaknesses or flaws in their case against you;
• Determining if any of your Constitutional Rights were violated.

The chances of getting a DUI dismissal or "not-guilty" verdict will increase significantly by retaining the legal representation of an experienced DUI defense attorney who defends DUI and criminal charges in Gilbert AZ court. The best DUI attorneys will know which defense tactics to build and mount on your behalf. According to the constitution you have the right to obtain an attorney. Make sure you select a seasoned DUI lawyer who will know what defenses to use and how to mount the most effective defense that will lead to the best outcome in your case.

Continue reading "Criminal Attorneys Gilbert AZ | DUI Defenses" »

How Good DUI Attorneys in Gilbert AZ Build Winning Defense Cases

Gilbert DUI and criminal charges get dismissed every day, due to hard work, and technical skills of a good DUI and Criminal Defense Attorneys in Gilbert

AZ who defend their clients. Yet when you hire your DUI or criminal defense attorney you may wonder what they can really do to help you. Your Gilbert DUI defense attorney should answer any questions you have regarding their activities and efforts to defend you. A qualified and experienced Gilbert AZ criminal defense or DUI Attorney is involved in many defense activities behind the scenes on your behalf. If you were arrested in Gilbert AZ for DUI or other criminal charges, and convicted, you will face some of the most severe penalties in the country as required by Arizona Law. You should consult a private practice Gilbert DUI lawyer or criminal defense attorney who defends criminal charges in Gilbert Court as soon as possible.

A good private practice DUI attorney defending you in Gilbert AZ Court should guide your, defend you and protect your constitutional rights through the phases of Gilbert AZ criminal justice system. Below are a few activities a qualified and experienced Gilbert DUI lawyer or Criminal defense attorney may do to defend you and build a strong defense case:

• Obtain and examine evidence;
• Obtain evidence that can be used in your favor;
• Determine if your constitutional rights were violated; If so this may lead to a dismissal of evidence or charges;
• Examine the reason for the DUI stop, which if unjustified may lead to a dismissal of charges.
• Have evidence such as blood or urine samples initially obtained by police retested by an independent lab. (Usually the arresting officer will obtain it for you. If not, you should ask them to save a second sample for your defense attorney.)
• Examine police procedures and protocol used in the stop and your arrest;
• Review evidence to determine if an independent expert would benefit your case regarding technical issues, aspects or evidence.
• Review police reports, the complaint, evidence, test results, photographs, and #911 call transcripts, or any other evidence to find weaknesses or flaws in evidence the prosecution intends to use against you;
• Interviewing or deposing detectives or the arresting officers for the prosecution;
• Interview witnesses who may be willing to testify in your favor for such things as their observations about your sobriety if they were passengers in the vehicle; or witnesses of a traffic infraction you were accused of that led to your DUI stop;
• Choose the defense strategies that will most likely lead to obtaining the most favorable outcome in your case;
• File motions with the Gilbert Court and Criminal Justice System within required deadlines. .
• Mounting an effective defense case against the prosecution.;
• Look for opportunities and act swiftly through the criminal justice system to get evidence suppressed, reduction in charges, modify sentencing in your favor, get some or all charges in your case dismissed;
• Participate in scheduled court hearings, and pre-trial conferences; or trial;
• Prepare compelling arguments and documentation for trial, conferences and the filing of motions;
• Work with you, the prosecution, and Gilbert AZ Court to gain a mutually agreeable plea agreement or other more favorable resolution that sentencing for a conviction, or the uncertain outcomes of a trial.

When you choose a DUI lawyer to represent you in Gilbert AZ, find out if they are qualified, have a significant amount of litigation experience, and if they are willing and able to devote the time needed to defend your case and fight for a winning outcome. If you are represented by such an attorney your chances of getting your DUI or criminal charges reduced or dismissed significantly increase.

Continue reading "DUI Attorney Gilbert AZ | Criminal Defense Gilbert AZ" »

10 things a good Scottsdale DUI lawyers may advise you to do after a DUI Arrest in Gilbert AZ that may increase your chances of getting a better outcome in your case.

1) Consult a Gilbert AZ DUI Defense Attorney. The chances of getting your DUI charges dismissed, sentencing reduced, or other favorable outcome in your case increase substantially with legal representation by a private DUI Lawyer or criminal defense attorney.

2) Exercise your Right to Remain silent. By remaining silent you will help avoid any self incrimination. If questions continue, from Gilbert AZ police, or Prosecution, simply say you wish to remain silent until your attorney is present. Unjust denial of your request is a violation of your constitutional rights and can lead to suppression of evidence or dismissal of your Gilbert DUI charges.

3) Obey Court Orders. After your arrest, the court may issue an order for you to be photographed and fingerprinted. Any argument or failure to comply with protocol or court order will be held against you and simply make matters worse for you.

4) Write a narrative. Document as much information as you can as can remember. Include events before, during, and after the arrest; discussions, questions and answers; food, drink or medication consumed; and names of witnesses or passengers that may be willing to testify on your behalf. Details that seem irrelevant to you may actually be something an experienced DUI attorney considers material to your defense.

5) Repair any vehicle problems that may have resulted in the DUI stop. This includes burnt out head or tail lights, turn signals, or whatever triggered the Gilbert police to pull you over.

6 Get proper insurance and registration. If you were cited for failure to possess proper insurance or registration, get it. If you already had but were unable to provide proof of provide a copy of it to your Gilbert AZ DUI attorney, and keep the original for the court.

7) Resolve Unpaid Fines or Tickets. The court will review your past driving or criminal history for neglect any other prior driving violations, or criminal convictions. If so, this may have an adverse impact on your sentencing.

8) Photograph the location of the DUI stop. A good DUI attorney will be able to recognize if there is anything in the photos, or lack of certain things, that police relied on to stop or arrest you that can result in cause to challenge facts or evidence.

9). Request a Motor Vehicle Hearing: If your driver's license was taken you must request a MVD hearing within 15 days or date otherwise set by the Motor Vehicle Department. Be sure to discuss your options first with your DUI attorney. There are consequences of requesting the hearing that differ from stipulating to a suspension.

10) Appear for your arraignment unless your Attorney advises you otherwise. This is the date on your ticket. If you do not have an attorney, your appearance is mandatory. If you fail to appear to the arraignment a warrant will be issued for your arrest. If you have retained a DUI lawyer, they will advise you of whether or not you will need to attend. In many cases your attorney can get have the arraignment vacated or can appear on your behalf. Be on time for all court appearances for which you are required to attend.

For more information about winning criminal and DUI defense strategies visit www.arizonacriminaldefenselawyer.com where you can download free AZ DUI defense books written by experienced attorney James Novak as well as DUI defense videos produced by James Novak, Gilbert DUI and Criminal Defense Attorney.

Continue reading "10 THINGS YOU SHOULD DO AFTER A GILBERT AZ DUI ARREST " »

Gilbert AZ criminal defense | Gilbert AZ DUI Lawyer

A key factor in getting a successful outcome for you is early retention of a private practice criminal or DUI defense lawyer who defends cases in Gilbert AZ.
After a DUI arrest in Gilbert Arizona you will have your Initial Appearance before the Gilbert Court within the next 48 hours. It is important that you or someone on your behalf has consulted a criminal defense attorney or DUI lawyer who defends charges in Gilbert AZ on a regular basis, before that time or as soon as possible.

Initial Appearance in Gilbert AZ Court
Your initial appearance is the first phase through the Gilbert AZ criminal justice system. You will appear before the judge in the Gilbert court if that is where you were arrested following your DUI stop. There, the following will take place:

1) You will be read your formal DUI or criminal charges (or complaint).
2) You will be given your release conditions.
3) You will be given your next court date, time and location.
4) You will let the Judge know you plan to or will be retaining a private criminal or DUI attorney to defend you and provide their contact information to the court. If you are unable to retain private legal representation, the court will allow you to fill out an initial screening questionnaire to determine if you qualify to be assigned to a court appointed attorney (public defender).

Tips to Follow After Your Initial Appearance in Gilbert Court
• Do not discuss your case with anyone accept your own criminal defense Attorney
• Do not discuss your case with any police officer or investigator, no matter how polite or courteous they may seem. Simply let them know you are being represented by a defense attorney, and advise them to contact your attorney. Any statement you make to them can damage your defense and be used against you.
• Do not discuss your case with family or friends by phone, or in person. Anything you say even to family members, friends, or acquaintances can be used against you in court. And those persons can be subpoenaed to appear in court to testify against you.
• Keep Your Attorney's contact information with you or available to you at all times.
• Follow the instructions your Gilbert criminal defense attorney or Gilbert DUI lawyer gives you and provide all documentation they are requesting from you. This is what they are trained and have experience doing every day. Their goal should be to provide you the most effective defense possible in order to get you the best outcome.
• Your chances of getting your DUI or criminal charges dismissed, sentencing reduced, evidence suppressed or other favorable outcome, significantly increase when you hire a private criminal defense or DUI lawyer who defends charges in Gilbert AZ. One thing most Good Criminal Attorneys in Gilbert agree upon is this: A major factor in getting a successful outcome for you is early retention of a criminal or DUI defense lawyer.
• Before you make your decision, find out as much as you can about that attorney.

Continue reading "Initial Court Appearance after Gilbert AZ DUI Arrest" »

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 " »

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 " »

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

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

Probable Cause for Arrest | Gilbert 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 that "probable cause to arrest" is a higher standard than "reasonable suspicion to stop" or detaining a driver for DUI or other questioning. From a Gilbert DUI charge defense standpoint, your Gilbert DUI Attorney may be able to get your Gilbert, AZ 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 and possibly more based on the circumstances that led to your Gilbert AZ arrest. The Gilbert Police need to have "enough to cause a reasonable person to believe that a crime has been committed." The Gilbert Judge and Court need to hear this actual evidence and the specifics that the felt gave cause for your arrest. Assumptions, accusations, opinions, biased unsubstantiated conclusions, and evidence that can not be measured is not acceptable and does not meet the standard of "probable cause for an arrest". A good Gilbert DUI defense attorney will investigate to determine if the police met the standards needed for "probable cause". If not, an experienced Gilbert 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
The Arizona State Laws govern DUI Charges for Gilbert AZ, Maricopa County and Arizona.. Arizona DUI laws are strict and penalties are among the most severe in the United States.

A DUI conviction has such negative impacts on your life as job loss, job suspension, 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, treatment or counseling, and any other penalties the Gilbert AZ court deems necessary based on the circumstances surrouding your charges.

Sentencing for a conviction is based a based on a host of factors including but not limited to your past criminal record; 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 Gilbert DUI charges and Gilbert DUI arrest.

Arizona DUI - Defenses
It is important to remember that just because you were charged with a Gilbert DUI does not mean you are or will be convicted of that offense. Simply put, a charge is not a conviction. DUI charges can be challenged. 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. One key to a winning defense is early retention of your DUI defense 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 Gilbert DUI charge will be determined by your qualified Arizona DUI Attorney defending your case. An experienced DUI defense Attorney will strategically choose the appropriate defenses based the particular circumstances surrounding your Gilbert 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, Gilbert Court, prosecution through the proper legal channels and criminal justice system.

DUI Defense Attorney Gilbert | 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 Gilbert or Gilbert DUI Attorney, Many people consider the Gilbert Arizona criminal justice system and Gilbert 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 Gilbert 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 | GILBERT DUI | CRIMINAL DEFENSE" »

To make a DUI arrest in Gilbert, the Police Officer must have "probable cause" to arrest you. A Gilbert DUI arrest requires the higher standard of probable cause than the DUI stop itself. The DUI stop only requires "reasonable suspicion" that a traffic infraction, or violation of law. If your Gilbert DUI defense files a motion to dismiss for lack of "probable cause" to arrest, and the Gilbert Court agrees, then what occurred after the arrest including breath or blood test then is not admissible or relevant. Depending on the circumstances your case, your Gilbert DUI lawyer has a compelling argument which may lead to a total dismissal of your Gilbert AZ DUI charges.

Gilbert DUI Laws
DUI Charges in Gilbert AZ are serious, and carry some of the harshest penalties in the country. If you were charged or arrested for a Gilbert DUI you will need an experienced Gilbert DUI Attorney or an Arizona Attorney who defends charges frequently in Gilbert Court and criminal justice system to defend you. Gilbert DUI Laws, Classifications and Penalties are governed by Arizona State Laws which can be found at under ARS §28-1381 - www.azleg.state.az.us.

Top DUI Defenses - To Name a Few
Below are just a few of many common defenses that an experienced criminal defense or DUI Attorney in Arizona may use to defend your case. Excerpts are cited in part from the Arizona Winning DUI Defense Strategies © Book Series, "101 Arizona DUI Defenses" © written by experienced Arizona DUI Attorney James Novak:

ILLEGAL STOP OF PERSON OR VEHICLE - Were you legally stopped by the Gilbert police? The United States Supreme Court has held that an officer must have a reasonable suspicion of a criminal or traffic offense to stop a vehicle. If the officer did not have a reasonable suspicion, then the remedy may call for a dismissal of your Gilbert DUI charges. The officer must be able to substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. Weaving within one's own traffic lane for a short distance or making a wide turn should not justify a hunch that the driver is drunk driving or impaired by drugs or other toxic substances.

THE GILBERT POLICE DID NOT HAVE PROBABLE CAUSE TO MAKE THE ARREST - Was there probable cause to arrest you? The Gilbert Police Officer's burden of proof is even greater to arrest you than it is to make the initial stop. The standard for an officer to stop a vehicle, the officer must have merely a "reasonable suspicion" that a traffic infraction or other violation of the law was committed. But to make an arrest, the level rises to a higher standard, which is that "probable cause" to arrest. If a motion to dismiss for lack of probable cause to arrest is made, the court then considers all facts gathered by the officer before the arrest. What occurred after the arrest: the breath or blood test then is not relevant. Based on the facts, the case may be dismissed.

FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED - Did the officer administer field sobriety testing in accordance with Federal Government guidelines?
According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication. The NHTSA sets certain standards for the administration of tests that include: Walk and Turn, One Leg Stand, and the Horizontal Gaze Nystagmus test. The above tests are not to be used if the DUI suspect is elderly, obese, unhealthy, injured or suffers another medical condition which would affect them adversely if the tests were done; or if the results of the test would be inaccurate due to any other medical condition for which they may be suffering.

DUI Defense Attorneys Gilbert, AZ
To go through the criminal justice process or Gilbert Court unrepresented for your DUI charges by a good Gilbert DUI lawyer or criminal defense attorney, is simply a recipe for a swift DUI conviction. Without the defense of a qualified Gilbert DUI lawyer you are putting your life, freedom and future into the arms of the person who wants to convict you. That is, the Gilbert Court Prosecutor. Their job is not to help you get a good outcome, find flaws in their case against you, or try to get your Gilbert DUI charges dropped. They work closely with the police to convict you.

Many of the best Gilbert AZ DUI Attorneys agree that if you face DUI charges in Gilbert AZ, you should retain an Arizona DUI lawyer to defend your case, preferably one who defends DUI charges often in Gilbert Court. Without an experienced and qualified DUI attorney, you may be setting yourself up for a swift and harsh DUI conviction. A good DUI defense attorney who defends charges in Gilbert, Arizona will fight to make sure your constitutional rights are protected, examine the evidence, build the most solid and effective defense, attempt to get your DUI charges dismissed, reduced or otherwise the best outcome in your case.

For more Arizona criminal defense help, DUI defense help, free DUI defense books, and free DUI and criminal defense videos and many other DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit WWW.arizonacriminaldefenselawyer.com. There you can download three free "Arizona Winning DUI Defense Strategies" © books written by winning defense Attorney James Novak, which includes "101 AZ DUI Defenses" ©.

If you have been charged or arrested for any kind of felony charges in Arizona, or misdemeanor including any Arizona DUI, Aggravated DUI, Extreme DUI, Second DUI, Third or more DUI charges, DUI Under age 21, Drug DUI, Minor Consumption DUI, DUI with child under 15 in vehicle, Felony DUI, Any Drug Charges, Drug possession charges, Drug sales, Drug Distribution, Drug Trafficking, Drug smuggling, Drug Importation, Drug Transportation, Drug Cultivation, Drug Manufacturing, Misdemeanor Drug charges, Felony Drug charges, Dangerous Drugs, Narcotics, Marijuana, or any other criminal charge including theft, assaults, aggravated assault, domestic assault, sexual assault, police assault, misconduct, domestic violence, probation violations, robbery, theft, burglary, vehicular assault, weapon charges, disorderly conduct with a weapon, harassment, violation of a protective order, manslaughter, kidnapping, aggravated domestic violence, unlawful discharge of a gun, endangerment with a weapon, other firearm and gun charges, computer crimes, sex crimes, cyber crimes, child pornography possession or distribution, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor). The Law Office of James Novak proudly serves Gilbert AZ, Tempe, AZ, Mesa AZ, Phoenix AZ, Scottsdale AZ, Chandler AZ, and surrounding cites valley-wide in Maricopa County.

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Mesa, Chandler, Tempe, Scottsdale, Phoenix AZ, and other cities surrounding areas valley-wide in Maricopa County Arizona.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

Gilbert DUI Attorney

"A good Gilbert DUI defense Lawyer will challenge the evidence, build a defense, and attempt to get your charges dismissed, or reduced. In any event, you will usually get a much better outcome with a Gilbert DUI defense attorney, than if you go without qualified private DUI legal representation."

Gilbert DUI laws and Gilbert AZ DUI Penalties are some of the most strict and severe in the United States. Even a first time Arizona misdemeanor DUI convictions carry harsh penalties. Arizona Felony DUI convictions and sentencing are so severe, that they adversely impact the rest of your life. If you have been arrested in Gilbert for DUI you should consult a Gilbert Criminal Attorney or Arizona criminal defense attorney who defends DUI charges in the Gilbert Court and criminal justice system frequently.

The Arizona State DUI Laws apply to Arizona DUI charges, no matter if your case is in Tempe AZ, Gilbert AZ, Phoenix AZ, Mesa AZ, Chandler AZ, Scottsdale AZ, Maricopa County or any other cities and counties within the State of Arizona's jurisdiction.

Arizona DUI Penalties
DUI conviction penalties can have life altering negative impacts on your life 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 Gilbert Court deems necessary and appropriate for your situation. If you are convicted the factors the Gilbert 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 Gilbert 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
.
After an Arizona DUI Arrest
In general what follows a Gilbert DUI arrest will include events that will best be served and give you the best chance at a good outcome by retaining a good Arizona criminal defense attorney who defends DUI charges in Gilbert AZ or Gilbert DUI lawyer. The main events include but are not limited to the following:

1) Motor Vehicle Hearing
2) Arraignment
3) Pre-trial Conference
4) Suppression or Evidentiary Hearing
5) *Trial
6) Sentencing

*Although the number fluctuates, statistics show that in Maricopa County only about 2% to 3% of DUI cases ever go to trial. The remaining cases are either

Gilbert DUI Defenses
A Gilbert AZ DUI charge is not a conviction. You have the right to fight your Gilbert DUI through the criminal justice system. A good Gilbert 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 Gilbert 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 your DUI defense attorney will use will be tailored and built by a qualified Gilbert DUI Attorney based largely on the circumstances, details, and evidence surrounding your Gilbert DUI charges. Then should then effectively present it with compelling arguments through the proper legal channels.

DUI Defense Attorney Gilbert, AZ
Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome by retaining a good Gilbert Criminal Defense or Gilbert DUI Defense Lawyer will increase drastically. Some feel that the Gilbert Arizona court and criminal justice system are a maze of strict rules, guidelines, and protocol. You will need strong DUI legal representation, such as an experienced criminal defense attorney or DUI lawyer who regularly defends Arizona DUI charges in Gilbert AZ.

A good Arizona DUI Lawyer will investigate, examine all evidence, build a strong defense tailored to the circumstances surrounding our Arizona DUI, present compelling arguments, challenge the prosecutions evidence and do everything possible to get your Arizona DUI charges dismissed, reduced, or the best alternative outcome in your case.

If you have been charged with any Arizona DUI, Extreme DUI, Super extreme DUI, Accident DUI, Second DUI, Third DUI (or more), Drug DUI, Medication DUI, Prescription medication DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Scottsdale, Mesa, Phoenix, Chandler, Tempe or surrounding cities within Maricopa county, Arizona valley-wide.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

Gilbert DUI Penalties Require Jail Time for Arizona DUI Convictions

"An Experienced Gilbert DUI Lawyer will fight to Reduce your DUI Charges dismissed completely, or in the alternative reduced to a lesser charge to avoid your having to do Jail or Prison time. "

Gilbert DUI (Driving under the Influence) aw is governed by Arizona State Law DUI conviction require mandatory jail or prison sentences depending on the severity, classification, and circumstances surrounding your Gilbert DUI charges. Even though you've been charged and arrested, you still have a constitutional right to a defense, and a DUI charge is not yet a DUI conviction. A Gilbert Drunk Driving charge is just the beginning. An experienced DUI lawyer who defends cases in Arizona Court will among other things, make you're your DUI charges are justified, that there were no constitutional rights violations, and look for weakness or flaws in the prosecution's case. "An Experienced Gilbert DUI Lawyer may be able to reduce your DUI to a lesser charge, with lesser or no jail or prison sentence or even get your DUI charges dismissed completely." There job is to fulfill your constitutional right to a defense. And a good Gilbert DUI Attorney's job is to use every available means through legal channels to do that.

Important Note: Depending on the severity, circumstances and classification of the Gilbert charges Gilbert DUI convictions will include other penalties such as fines, fees, costs, probation, counseling, ignition interlock device, criminal record, and other punishments in addition to jail or prison time. Also, the jail or prison time may fluctuate depending on the facts of your case and criminal history, if any.

The first question many people have who face DUI charges is "If convicted, will I go to jail or prison and for how long?" The following is discusses the portion of the Arizona State Law that relates to the incarceration portion of DUI conviction sentencing. Remember, the answer may not be the same, for everyone in every situation. Some Judges have discretion to increase the penalties and sentencing depending on your specific set of circumstances, criminal history and whatever the judge deems appropriate.

Arizona DUI Jail and Prison Minimum Sentencing Guidelines paraphrased 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 (DUI with aggravated classification.....4 Months in Prison
.
The Gilbert Court and Gilbert Prosecutor will do nothing to defend your case. Their job is to get a Gilbert DUI conviction. A word of caution, if you decide to go at it alone (not recommended). Basically your side of the story will be disregarded. In fact, without DUI legal representation and guidance by an Arizona DUI Lawyer or Criminal Defense Attorney who defends DUI charges frequently in Gilbert Court, you may unknowingly be incriminating yourself further. The Gilbert Prosecution and Gilbert Court get a fast conviction with little work when a defendant goes unrepresented. And without proper legal representation your attempts at defending yourself could not only be futile, but make matters worse.

Your Gilbert AZ DUI Attorney defending you in Gilbert Court for your DUI, will be familiar with protocol, experience in frequent DUI litigation, understanding of Arizona laws, changes in Arizona State law, Case law (other cases that may effect yours), and most importantly will know well what defenses can be used to build and mount a successful defense on your behalf. A good DUI Attorney in Arizona will do everything possible to get your case dismissed or a reduced sentence based on weaknesses in the prosecutions case. They will be the barrier between you and the Gilbert Prosecution. They will be your voice of legal defense reason, and mount a strong defense on your behalf with the goal of make your rights are not violated, and that your future and freedom are protected. That's their job.

If you have been arrested for any Gilbert Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, Felony DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Gilbert DUI, Gilbert Drug DUI, or any other criminal charge including theft, assaults, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Gilbert criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Scottsdale, Phoenix, Chandler, Mesa, Tempe, Queen Creek, and surrounding areas valley-wide in Maricopa County Arizona.

Continue reading "Arrested for Drunk Driving in Gilbert" »

Gilbert Extreme DUI
"Defending an Extreme DUI in Gilbert, AZ requires a strong defense and litigation skills of an experienced DUI lawyer who defends DUI charges frequently in Gilbert AZ Court."
Extreme DUI Penalties Gilbert, AZ

A Gilbert DUI in Arizona is classified as an "Extreme DUI" when a person's Blood Alcohol Content (BAC) Level is more than 0.15%. The Gilbert police usually find out a driver's BAC by means of a breathalyzer machine test or blood sample test. Even if it is your first AZ DUI conviction the sentence is severe requiring mandatory jail time. The higher the BAC the harsher the Arizona DUI penalties will be. In addition to jail or other incarceration additional penalties may be ordered by the court including fines, fees, probation, court ordered use of ignition interlock device on your vehicle, loss of your driving privileges and any other punishments depending on the circumstances surrounding your charges and conviction

Extreme DUI Defenses Gilbert AZ
Defending an Extreme DUI in Gilbert, AZ requires the strong defense and litigation skills of an experienced DUI lawyer who defends DUI charges frequently in Gilbert AZ Court on a regular basis. There are many defenses that can be used. Many evidentiary issues can be challenged, all under the appropriate circumstances. Many of these defenses are cited and discussed in detail in the Winning Defense Strategies Book ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies" © Book, written by a successful and experienced DUI Defense and trial Attorney James Novak. Abridged versions of these and additional AZ criminal and DUI defense can be downloaded free of charge to the public at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html

Arizona Extreme DUI Laws
Gilbert extreme DUI charges, extreme DUI penalties, DUI sentencing, DUI definitions all fall under the strict rule of Arizona State Law DUI and criminal codes:

28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:
1. 0.15 or more but less than 0.20. (Cited in Part)

Extreme DUI Lawyer Gilbert, AZ
Arizona DUI Laws, and defenses, and your constitutional rights should not be kept a secret. But know that is a great difference between knowing defenses are, and executing them in order to challenge evidence and charges. This is why you need the defense of a good Gilbert DUI lawyer, who defends cases in Gilbert AZ on a regular basis.

Some defendants out of necessity feel they must try to fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Gilbert on a regular basis. Unfortunately, they find out sooner than later that it is the quickest way to get a conviction, with no break or mercy in sentencing. It makes the prosecutions job easier if you don't hire a private practice DUI attorney. It helps make their case stronger and at every turn they will try to get you to incriminate yourself further. Also, there may be important evidentiary or constitutional right issues that that perhaps seemed meaningless to you, but are actually material to your defense. A good Gilbert DUI defense lawyer will recognize and use it in your favor. The prosecution will not offer it, or bring it to your attention to help you defend yourself. There are deadlines, motions to file, conferences hearings, settlement negotiations, and strict court protocol that must be adhered to. The Gilbert Court and processes can be an overwhelming maze to get through without an experienced Gilbert DUI attorney who deals with it on a daily basis.

With legal defense by a Gilbert extreme DUI attorney, your chances of getting evidenced suppressed, charges reduced (to a non-extreme, or civil traffic violation for example), or a complete dismissal of charges or other good outcome on your case drastically increase. A Gilbert DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with AZ DUI laws, Gilbert Court, defense strategies, examining evidence and challenging it to defend your Gilbert DUI charges. You need a strong DUI defense Attorney to build that wall of protection between you, the police and prosecution. You need someone knows how to gather and examine all evidence available, retest blood sample evidence, protect your constitutional rights, and educate and present your defense to the judge, prosecutors, and or jury.

If you have been charged with any Gilbert Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Gilbert DUI, Gilbert Drug DUI, or any other criminal charge including theft, assaults, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Gilbert criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

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