"An experienced Tempe Criminal Evidentiary Hearing Attorney may be able to get a part of all of the prosecutions evidence against you dismissed at a very early stage."
An Evidentiary Hearing" is also known as a "Preliminary Hearing". It is critical that you have an experienced AZ Criminal Defense or AZ DUI lawyer defending you, to attend this hearing. "An experienced Tempe Criminal Evidentiary Hearing Attorney may be able to get a part of all of the prosecutions evidence against you dismissed at a very early stage."
Your Tempe Criminal Defense Attorney or DUI lawyer usually requests this after your "Pre-trial Conference". This gives your Criminal defense or DUI attorney additional time to investigate, and examine the evidence that will be argued in your defense.
Arizona Revised Statutes §13-4238 Evidentiary Hearing describes in detail e purposes and rules surrounding a Tempe Criminal Evidentiary Hearing.
In summary, A.R.S. §13-4238 Evidentiary contains the following:
• Rules of evidence in criminal proceedings which apply
• Burden of proof of allegations and evidence to be identified
• Persons who may be called upon for testimony to be revealed
• Rules and evidence involving any violation of your constitutional rights
• The Tempe Criminal Court or DUI court's role, and obligations
• The Tempe Court shall within 10 days enter its order of conclusions based on its' findings of fact and state expressly its conclusions of law relating to all matters of evidence or issues presented at the hearing.
Your Tempe criminal defense or Tempe DUI Lawyer will argue the evidence they feel should be suppressed or dismissed and reasons why, and name defenses. The Tempe AZ Prosecution may argue its case against you. A formal record of the entire hearing will be made.
Your Tempe criminal attorney or Tempe DUI lawyer will also file the proper motions to the Tempe Court, requesting to suppress or dismiss part or all of the evidence based on the defenses that will be used depending on the circumstances surrounding your case.
To participate or request an evidentiary hearing on your own behalf without the representation of an Arizona Criminal or DUI defense attorney who practices frequently in Tempe, is risky and may be futile. In fact, there is potential you're you to further incriminate yourself. This is always a possibility and concern when or if you choose to represent yourself. Your chance of getting a successful outcome at an evidentiary hearing increase drastically with the legal representation of a Tempe criminal defense or Tempe DUI Attorney. A good Tempe AZ criminal defense or Tempe DUI defense Attorney will make sure your constitutional rights are protected, and be your voice; what motions to file; and most importantly will recognize what issues to be argued on your behalf that will project the most favorable decision possible in defense of your criminal or DUI charges.
If you have been charged with any Tempe AZ Criminal or DUI, 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 Arizona DUI, Arizona, 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 Tempe , Tempe, Scottsdale, Chandler, Gilbert, Mesa Arizona and surrounding areas 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
]]>Extreme DUI Penalties Arizona, AZ
An Arizona DUI is classified as an "Extreme DUI" when a person's Blood Alcohol Content (BAC) Level is more than 0.15%. This is usually determined through use of a breathalyzer machine test or blood sample results. Even if it is your first AZ DUI conviction the sentence is severe requiring mandatory jail time. The higher the BAC the harsher the AZ DUI penalties and sentencing 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 in Arizona
Defending an Extreme DUI in Arizona requires the strong defense and litigation skills of an experienced Arizona DUI lawyer. There are many defenses that can be used by a good Arizona extreme DUI lawyer. 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
It makes no difference if your extreme DUI was in Mesa AZ, Tempe AZ, Phoenix AZ, Chandler AZ, Gilbert AZ, or Scottsdale AZ, the extreme DUI charges fall under the strict rule of Arizona State Law DUI and criminal codes and read in part as follows:
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)
Arizona Extreme DUI Attorney
Your AZ DUI Attorney will explain Arizona DUI Laws, your defenses, and your constitutional rights in your situation. Understand that there is a great deal of difference between knowing what the defenses are, and utilizing them through the legal effectively. This takes a lot of skill, training, education, litigation & defense experience, and some element of "thinking outside the box" or creativity. This is one of many reasons why you need the legal representation of a good Arizona DUI lawyer, who defends cases in Arizona AZ on a regular basis.
Some defendants facing extreme DUI charges in Arizona feel that out of necessity they must fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Arizona on a regular basis. Unfortunately, they find out that it was the easiest way to get a conviction, with disastrous penalties including jail, fines, fees, interlock device, probation and more (and was far more costly than if they had hired a Arizona Extreme DUI Attorney). It makes the prosecution's job easier if you don't hire a good and assertive private practice DUI attorney. It helps make their case stronger. At every turn they will skillfully try to get you to incriminate yourself further. Evidentiary or Constitutional Right issues may exist that perhaps seem irrelevant or meaningless to you, but in fact they could be material issues that can be used in favor of your defense.
A good Arizona DUI defense attorney will recognize it and use it to defend you. The prosecution will not offer exculpatory (evidence that will help your case) or bring any flaws in the prosecution's case to your attention to help you defend yourself. There are deadlines, motions to file, conferences hearings, settlement negotiations, and strict court procedures must be strictly complied with. The Arizona Courts and processes can be an overwhelming maze to get through without an experienced Arizona DUI attorney who deals with it on a daily basis.
With a good Arizona extreme DUI defense attorney, your chances of getting evidence 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. An Arizona DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with AZ DUI laws, Arizona Court, defense strategies, examining evidence and challenging it to defend your Arizona 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 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 Arizona DUI, Arizona 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 Arizona 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 Arizona, Mesa, Phoenix, Chandler, Tempe, Scottsdale or Gilbert, AZ and surrounding areas valley-wide in Maricopa County Arizona."...with a Mesa 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."
Extreme DUI Penalties Mesa, AZ
A Mesa DUI in Arizona is classified as an "Extreme DUI" when a person's Blood Alcohol Content (BAC) Level is more than 0.15%. The Mesa 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 Mesa AZ
Defending an Extreme DUI in Mesa, AZ requires the strong defense and litigation skills of an experienced DUI lawyer who defends DUI charges frequently in Mesa 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
Mesa 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 Mesa, AZ
Your Mesa DUI Attorney will explain Arizona DUI Laws, and defenses, and your constitutional rights in your situation. 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 Mesa DUI lawyer, who defends cases in Mesa AZ on a regular basis.
Some people charged with extreme DUI in Mesa AZ feel that out of necessity they must try to fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Mesa 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, jail, fines, fees, interlock device, probation, restitution if applicable, and be far more costly than if they had hired a Mesa Extreme DUI Attorney. Also, it makes the prosecutions job easier if you don't hire a private practice DUI attorney. It helps make their case stronger. At every turn they will skillfully try to get you to incriminate yourself further. Also, there may be important evidentiary or constitutional right issues that may have perhaps seemed unimportant or even meaningless to you, but are actually material to your defense. A good Mesa 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 procedures must be strictly complied with. The Mesa Court and processes can be an overwhelming maze to get through without an experienced Mesa DUI attorney who deals with it on a daily basis.
With a Mesa 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 Mesa DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with AZ DUI laws, Mesa Municipal Court, defense strategies, examining evidence and challenging it to defend your Mesa 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 Mesa 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 Mesa DUI, Mesa 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 Mesa 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 Mesa, Scottsdale, Phoenix, Tempe, Chandler, Gilbert, AZ and 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.
]]>"Hiring a good, experienced private practice DUI Lawyer can mean the difference between getting a Arizona DUI conviction or dismissal of your Arizona DUI charges."
If you face Arizona DUI charges you will need to hire an Arizona DUI Attorney who defends cases regularly in the Arizona Courts. Many good Arizona DUI Attorneys will provide you with a Free Consultation. When you decide, make sure the DUI Attorney you chose has a proven record of defending Arizona DUI cases, knows the constantly changing Arizona DUI laws, Case law that may affect your matter, breath and blood testing issues; and police and handling protocol. You must know that the Arizona DUI attorney defending your Arizona DUI charges will be proactive in defending your case, and not just go through the motions. Make sure that DUI attorney understands all the different types of defenses that can be used to challenge evidence, fight an Arizona DUI charges, and work to get your case dismissed. Knowing what to do and how to do it are quite different then actively doing what needs to be done.
Choosing a DUI lawyer to defend your Arizona DUI charges is an extremely important decision. Second chances at freedom are rare. There are many Arizona DUI Lawyers. But your challenge is to find a good one. Just because they have the title or went to a highly rated law schools doesn't in and of itself make them a good defense Attorney in the practical world. You don't need someone to help you get yourself convicted. And you certainly don't want to pay for it! You need a good Arizona DUI lawyer to defend your Arizona DUI charges. 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 Winning Defense Strategies Book Series "#1 Arizona DUI Defense" and "101 DUI Defense Strategies" Books, written by a successful and experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Abridged versions of all three books can be downloaded free of charge www.arizonacriminaldefenselawyer.com.
Arizona DUI convictions carry harsh. Arizona has some of the toughest DUI laws and punishments in the United States. Even a first time Arizona DUI conviction can be devastating. There is too much to lose not to hire a good DUI Attorney to represent you and fight your Arizona DUI charges. A DUI conviction of any kind can have such negative impacts on your life as loss of job or future job opportunities, loss of driver's license, costly fines and fees, mandatory incarceration, court ordered ignition interlock devices to be installed in your vehicle at your expense, counseling, and whatever the
Court deems necessary and appropriate for your situation.
Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney are slim to none. The Arizona court systems are a maze of strict rules, guidelines, and protocols it must follow. You will need a strong Attorney an experienced criminal defense attorney or DUI lawyer who regularly defends DUI charges in Scottsdale, Arizona to represent you. A good DUI Lawyer will do everything possible to build An effective Arizona DUI defense case, protect your constitutional rights, and fight to get your charges dismissed.
An Arizona DUI has many facets which must be examined and can be challenged. Each individual's case is different. There is no "cookie cutter" DUI or defense. There are many things an experienced private practice attorney will pick up on after years and year of litigation and experience. These are the types of things that teachers don't teach and law books don't include in an Attorney's law school experience alone. Every defendant's case must be evaluated on its on merits, circumstances, evidence or lack thereof. Some factors that should be examined include but are not limited to: violations of your state or federal constitutional rights, the initial reason the police stopped you, the police officer's evidence, their deciding factors in making the DUI arrest, handling of the evidence, proper crime lab testing methods and handling of specimens, proper implementation of field sobriety tests, reliability of testing methods, maintenance and reliability of breathalyzer machines, and many more factors. You will not get the benefit of having these factors evaluated or the evidence challenged without a good private practice Arizona Criminal Defense or DUI attorney. Hiring a good, experienced private practice DUI Lawyer can mean the difference between getting a Arizona DUI conviction or dismissal of your Arizona DUI charges.
If you have been charged with any 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 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 Scottsdale, 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 Phoenix, Scottsdale, Mesa, Arizona, and surrounding areas valley-wide."There are many defenses that can be used by a skilled Chandler extreme DUI lawyer. Many evidentiary issues can be challenged, all under the appropriate circumstances."
Extreme DUI Penalties Chandler, AZ
A Chandler DUI in Arizona is classified as an "Extreme DUI" when a person's Blood Alcohol Content (BAC) Level is more than 0.15%. This is usually determined via use of a breathalyzer machine test or blood sample results. 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 in Chandler AZ
Defending an Extreme DUI in Chandler, AZ requires the strong defense and litigation skills of an experienced DUI lawyer who defends DUI charges frequently in Chandler AZ Court on a regular basis. There are many defenses that can be used by a skilled Chandler extreme DUI lawyer. 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
Chandler extreme DUI charges, fall under the strict rule of Arizona State Law DUI and criminal codes and read in part as follows:
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)
Chandler Extreme DUI Attorney
Your Chandler DUI Attorney will explain Arizona DUI Laws, your defenses, and your constitutional rights in your situation, the processes, and what to expect. Understand that there is a tremendous difference between knowing what the defenses are, and executing them through the legal processes to challenge evidence and charges successfully. This takes years of education, litigation & defense experience. This is why you need the legal representation of a good Chandler DUI lawyer, who defends cases in Chandler AZ on a regular basis.
Some who face extreme DUI charges in Chandler AZ feel that out of necessity they must fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Chandler on a regular basis. Unfortunately, they find out that it was the easiest way to get a conviction, with disastrous penalties including jail, fines, fees, interlock device, probation, restitution if applicable, and be far more costly than if they had hired a Chandler Extreme DUI Attorney. It makes the prosecutions job easier if you don't hire a private practice DUI attorney. It helps make their case stronger. At every turn they will skillfully try to get you to incriminate yourself further. Evidentiary or Constitutional Right issues may exist that perhaps seem irrelevant or meaningless to you, but in fact they could be material issues that can be used in favor of your defense.
A good Chandler DUI defense attorney will recognize it and use it to defend you. The prosecution will not offer exculpatory (evidence that will help your case) or bring any flaws in the prosecution's case to your attention to help you defend yourself. There are deadlines, motions to file, conferences hearings, settlement negotiations, and strict court procedures must be strictly complied with. The Chandler Court and processes can be an overwhelming maze to get through without an experienced Chandler DUI attorney who deals with it on a daily basis.
With a good Chandler extreme DUI defense attorney, your chances of getting evidence 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 Chandler DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with AZ DUI laws, Chandler Court, defense strategies, examining evidence and challenging it to defend your Chandler 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 Chandler 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 Chandler DUI, Chandler 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 Chandler 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 Chandler, Mesa, Phoenix, Tempe, Chandler, Gilbert, AZ and 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.
]]>"Hiring a private practice and experienced DUI Defense Attorney, can mean the difference between getting a Phoenix DUI conviction or total dismissal if your Phoenix DUI charges".
If you have been charged with a Phoenix DUI, you will need to consult a Phoenix criminal defense attorney or DUI Lawyer who defends all types of DUI charges in Phoenix on a regular basis. Make sure your Arizona DUI Lawyer is well versed in defending Phoenix DUI cases, DUI litigation, knows the Arizona DUI law and constantly changing legislation, case law, breath and blood testing issues; and police and handling protocol. But the most important thing you need to know is will that Attorney take an active stance to defend your case, and do they understand all the different types of defenses that can be used to challenge evidence, fight a Phoenix DUI charges, and work
To get your case dismissed. Knowing what to do, and actively doing them are two separate issues entirely.
Choosing a DUI lawyer to defend your Phoenix DUI charges is an extremely important decision. There are many Arizona DUI attorneys who may just go through the motions. You don't need any help getting yourself convicted, and you certainly don't want to pay for it! You need a good Arizona DUI attorney to fight your Phoenix DUI charges. There are many, many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the Winning Defense Strategies Book Series "#1 Arizona DUI Defense" and "101 DUI Defense Strategies" Books, written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Abridged versions of all three books can be downloaded completely free of charge www.arizonacriminaldefenselawyer.com.
Phoenix DUI convictions carry severe punishments, and Arizona has some of the toughest DUI laws in the Country. Even a first time Arizona DUI misdemeanor conviction, with no prior criminal history or criminal record, carries severe penalties. You have too much as stake not to hire a good DUI Attorney to represent you and fight your Phoenix DUI conviction. A DUI conviction can have life changing adverse impacts on your job or future job opportunities, loss of your right to drive and driver's license, high fines, costly fees, mandatory jail time, and court ordered interlock device (at your expense) which requires a person to prove they have not been drinking before the automobile's ignition will start.
The chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney who regularly defends cases in Phoenix are slim to none. The court system has strict rules, guidelines, and protocols it must follow. You will need an experienced criminal defense attorney or DUI lawyer who regularly defends DUI charges Phoenix, to defend you and challenge the evidence and charges. A good DUI Attorney will overturn every stone to mount a successful Phoenix DUI defense, challenge the evidence, protect your constitutional rights, and fight to get your case dismissed.
A Phoenix DUI has many factors which must be evaluated. Every one is different and holds its own set of circumstances. There is no such thing as a "cookie cutter" DUI or Defense. Every situation should be evaluated on its on merits, circumstances, evidence or lack thereof. Some factors that must be examined and challenged include violations of your state or federal constitutional rights, the reason for the stop, the police officer's handling of the case, proper crime lab testing methods, proper implementation of field sobriety tests, handling of lab results of toxicology tests, maintenance and reliability of breathalyzer machines, and many more factors. But you will not get the benefit of having these factors evaluated and challenged without a good private practice Criminal Defense or DUI lawyer who defends cases in Phoenix regularly. Hiring a private practice and experienced Phoenix DUI Attorney can mean the difference between getting a Phoenix DUI conviction or total dismissal of your Phoenix DUI charges.
If you have been charged with any 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 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 Phoenix 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 Phoenix, Phoenix , Scottsdale, Chandler, Mesa, Arizona and surrounding areas valley-wide."A Good Phoenix DUI Lawyer may be able to
reduce your jail or prison sentence or get your charges dismissed completely."
Phoenix DUI law is governed by Arizona State Law DUI conviction has mandatory jail or prison sentences depending on the severity, circumstances, and classification of the Phoenix DUI charges. Even if you have been charged and arrested, you still have a constitutional right to a defense, and a DUI charge is not yet a DUI conviction. A DUI charge is just the beginning. A Good Phoenix DUI Lawyer may be able to reduce your jail or prison sentence or get your charges dismissed completely. 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 to attempt to get your charges dismissed, reduced or the best possible outcome in your cased.
Important Note: Depending on the severity, circumstances and classification of the Phoenix DUI charges Phoenix 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.
Often, it seems the first question many people who have been arrested for DUI want to know is "If convicted, will I go to jail or prison and for how long?" So the following is discusses the portion of the Arizona State Law that relates to 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 Sentencing Minimum 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 Phoenix Court and Prosecution will do nothing to make your life easier. If you choose to go unrepresented (not recommended), basically your side of the story will be for the most part disregarded. In fact, without DUI legal representation by a DUI Lawyer or Criminal Defense Attorney who defend DUI charges frequently in Phoenix Court, you may unknowingly be incriminating yourself further.
Your AZ DUI Attorney defending your in Phoenix Court for your DUI, will be familiar with protocol, Arizona law and changes in the law, case law that may effect you, 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 Phoenix Prosecution. They will be your voice of legal defense through the proper legal channels, and do everything within their means to assure you don't have to do the jail time, and will protect your future and freedom.
If you have been arrested for any Phoenix 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 Phoenix DUI, Phoenix 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 Phoenix 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 Phoenix, Scottsdale, Mesa, Phoenix, and surrounding areas valley-wide in Maricopa County Arizona.A Tempe DUI in Arizona is classified as an "Extreme DUI" when a person's Blood Alcohol Content (BAC) Level is more than 0.15%. This is usually determined via use of a breathalyzer machine test or blood sample results. 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 and sentencing 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 in Tempe AZ
Defending an Extreme DUI in Tempe, AZ requires the strong defense and litigation skills of an experienced Tempe DUI lawyer. There are many defenses that can be used by a good Tempe extreme DUI lawyer. 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
Tempe extreme DUI charges, fall under the strict rule of Arizona State Law DUI and criminal codes and read in part as follows:
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)
Tempe Extreme DUI Attorney
Your Tempe DUI Attorney will explain Arizona DUI Laws, your defenses, and your constitutional rights in your situation. Understand that there is a great deal of difference between knowing what the defenses are, and utilizing them through the legal effectively. This takes a lot of skill, training, education, litigation & defense experience, and some element of "thinking outside the box" or creativity. This is one of many reasons why you need the legal representation of a good Tempe DUI lawyer, who defends cases in Tempe AZ on a regular basis.
Some who face extreme DUI charges in Tempe AZ feel that out of necessity they must fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Tempe on a regular basis. Unfortunately, they find out that it was the easiest way to get a conviction, with disastrous penalties including jail, fines, fees, interlock device, probation and more (and was far more costly than if they had hired a Tempe Extreme DUI Attorney). It makes the prosecution's job easier if you don't hire a good and assertive private practice DUI attorney. It helps make their case stronger. At every turn they will skillfully try to get you to incriminate yourself further. Evidentiary or Constitutional Right issues may exist that perhaps seem irrelevant or meaningless to you, but in fact they could be material issues that can be used in favor of your defense.
A good Tempe DUI defense attorney will recognize it and use it to defend you. The prosecution will not offer exculpatory (evidence that will help your case) or bring any flaws in the prosecution's case to your attention to help you defend yourself. There are timelines, deadlines, motions to file, conferences hearings, settlement negotiations, and strict court procedures must be strictly complied with. The Tempe Court and processes can be an overwhelming maze to get through without an experienced Tempe DUI attorney who deals with it on a daily basis.
With a good Tempe extreme DUI defense attorney, your chances of getting evidence 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 Tempe DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with AZ DUI laws, Tempe Court, defense strategies, examining evidence and challenging it to defend your Tempe 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 Tempe 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 Tempe DUI, Tempe 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 Tempe criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).
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.
]]>"Your Best Offense against a Felony DUI Conviction is to hire a good DUI Lawyer who knows what defenses to use to defend a Felony DUI."
If you were arrested in Phoenix Arizona for a Felony DUI, do not underestimate the consequences of a conviction. Felony DUI charges are very serious. Arizona is extremely tough on Phoenix Felony DUI offenses also known as "Aggravated DUI charges". Felony DUI conviction will result in serious punishments with adverse affects on your life that will follow you for years into the future. It is extremely important for you to contact and hire DUI attorney who defends clients regularly in Phoenix Courts, with a proven track record of successful defense and litigation of Phoenix DUI charges.
Your best offense against a Felony DUI Conviction is to hire a good DUI Lawyer who knows what defenses to use to defend Phoenix Felony DUI charges. Your Arizona DUI Attorney must have the knowledge, and experience of using all the defenses available under by Arizona law to build and mount a successful defense against your Felony DUI charges. With a good Phoenix DUI Attorney, you may be able to get your charges dismissed completely or in the alternative reduced to lesser charges with lesser penalties. A dismissal of charges is not obtained by luck. It requires good legal representation by an experienced Maricopa County DUI Lawyer.
There are many defenses that can be used, and evidentiary issues that can be challenged under the appropriate circumstances. Many of these defenses are cited and discussed in detail in the Winning Defense Strategies Book Series ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies" © Book, written by a successful and experienced DUI Defense Attorney as well as prolific Arizona DUI defenses Author, James Novak. Abridged versions of all his Arizona Defense Books can be downloaded free of charge to the public. Law and your defenses, and your constitutional rights should not be kept a "secret". If charged with any DUI you should be informed. This free information can be downloaded at www.arizonacriminaldefenselawyer.com. Understand there is a big difference between knowing what your defenses are, and knowing how actually challenge evidence and charges which is what a good Phoenix DUI Lawyer does on a regular basis. Many people make the mistake of going at it alone without good private practice DUI Attorney who defends DUI charges in Phoenix.
Below are examples of just defenses categories that can often be targeted by your DUI Attorney that can be used to pursue dismissal of your charges, reduction in sentencing or suppression of evidence:
• The Police Must have "Reasonable Suspicion" for a Traffic Stop
• The Police must have "Probable cause" to arrest for DUI which is a higher standard than a "Reasonable Suspicion" to stop
• Challenging the validity or reliability of the field sobriety tests conducted
• The police officer's credentials or certifications can be questioned regarding the officer's training and use of breathalyzer equipment or drug testing equipment.
• The evidence prosecution wishes to use against you was mishandled
• Margins of error are too wide in breath results or blood testing.
• Too much time went by before proper testing was done.
• The environmental conditions or landscaping were not appropriate or up to standard for which to conduct field sobriety tests.
• Lack of maintenance or records on breathalyzer machine used to read your BAC
• Inadmissible evidence used
• Improper search of your or your vehicle was or seizure was conducted
• Other Violations of your Constitutional Rights occurred.
You have too much to lose with a Phoenix Felony DUI or Aggravated DUI conviction. You must have a strong Phoenix criminal defense or Phoenix DUI Attorney in your corner that knows exactly what needs to be done to protect you and that will draw from their years of experience and litigation, training, education and knowledge of the law, and court protocol to defend you.
Phoenix Felony DUI convictions have higher penalties, increased incarceration than that of a Misdemeanor DUI. Sentencing for a Felony DUI or Aggravated DUI in Phoenix can include up to 4 months or more in prison, along with other severe penalties, fines, fees, loss of driver's license, mandatory Ignition Interlock device, restitution, and other penalties the court deems appropriate.
The punishments for any Arizona Felony DUI charge is so severe that some people just give to the prosecution, not realizing their DUI charges can be challenged. Most good Phoenix DUI Attorneys will provide a free consultation to provide you such insight regarding your case. They will be able to give you the guidance and direction you need to make the tough choice ahead of you that is to hire a good DUI attorney and fight for your freedom or be prepared to get the maximum penalty under Arizona Law for an Arizona Felony DUI. With an experienced, dedicated Felony DUI Lawyer, your chances of getting a good outcome on your case drastically increase.
If you have been charged with any Phoenix 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 Phoenix DUI, Phoenix 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 Phoenix 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 Phoenix, Scottsdale, Mesa, Phoenix, and surrounding areas valley-wide in Maricopa County Arizona."The Stakes are high. Hiring an experienced private practice DUI Lawyer can mean the difference between getting a Scottsdale DUI conviction or total dismissal of your Scottsdale DUI charges."
If you were stopped and arrested for a Scottsdale DUI you will need to consult a criminal defense attorney or DUI Lawyer who defends cases regularly in the Scottsdale Courts. When you make your choice, make sure the DUI Lawyer has a proven record of defending Scottsdale DUI cases, knows the constantly changing Arizona DUI laws, Case law that may affect your matter, breath and blood testing issues; and police and handling protocol. You must know that the Arizona DUI attorney defending your Scottsdale DUI charges will be proactive in defending your case, and not just go through the motions. Make sure that DUI attorney understands all the different types of defenses that can be used to challenge evidence, fight a Scottsdale DUI charges, and work to get your case dismissed. Knowing what to do and how to do it are quite different then actively doing what needs to be done.
Choosing a DUI lawyer to defend your Scottsdale DUI charges may be one of the most important decsion you will ever make. You rarely get a second chance at freedom. There are many Arizona DUI attorneys. But the good ones are not as easy to find. Just because they have the title or went to a highly rated law schools doesn't in and of itself make them a good defense Attorney in the practical world. You don't need help getting yourself convicted, and you certainly don't want to pay for it! You need a good Arizona DUI attorney to fight your Scottsdale DUI charges. There are many, many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the Winning Defense Strategies Book Series "#1 Arizona DUI Defense" and "101 DUI Defense Strategies" Books, written by a successful and experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Abridged versions of all three books can be downloaded completely free of charge www.arizonacriminaldefenselawyer.com.
Scottsdale DUI charge convictions have severe penalties. Arizona has some of the toughest DUI laws and punishments in the Country. Even a first time Scottsdale DUI charge carries severe penalties. There is too much to lose not to hire a good DUI Attorney to represent you and fight your Scottsdale DUI charges. A DUI conviction of any kind can have such negative impacts on your life such as loss of job or future job opportunities, loss of driver's license, high fines, costly fees, mandatory incarceration, and use of court ordered interlock device. This device is installed in your vehicle at your expense, and requires you to prove you have not been drinking before the auto's ignition will start-up.
The chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney who regularly defends cases in Scottsdale are slim to none. The Scottsdale court system has strict rules, guidelines, and protocols it must follow. You will need an experienced criminal defense attorney or DUI lawyer who regularly defends DUI charges in Scottsdale, Arizona to represent you. A good DUI Lawyer will do everything possible to build An effective Scottsdale DUI defense case, protect your constitutional rights, and fight to get your charges dismissed.
A Scottsdale DUI has many facets which must be examined. Each individual's case carries a separate set of circumstances. There is no "cookie cutter" DUI and the same goes for a DUI Defense. Every defendant's case must be evaluated on its on merits, circumstances, evidence or lack thereof. Some factors that must be examined include violations of your state or federal constitutional rights, the initial reason the police stopped you, the police officer's evidence, their deciding factors in making the DUI arrest, handling of the evidence, proper crime lab testing methods and handling of specimens, proper implementation of field sobriety tests, reliability of testing methods, maintenance and reliability of breathalyzer machines, and many more factors. You will not get the benefit of having these factors evaluated and challenged without a good private practice Criminal Defense or DUI lawyer who defends cases in Scottsdale regularly. The Stakes are high. Hiring an experienced private practice DUI Lawyer can mean the difference between getting a Scottsdale DUI conviction or total dismissal of your Scottsdale DUI charges.
If you have been charged with any 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 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 Scottsdale, 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 Phoenix, Scottsdale, Mesa, Chandler, Scottsdale , Arizona and surrounding areas 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.
]]>If you face Marijuana possession charges in Chandler, Arizona, you should consult a Chandler Marijuana Lawyer or a Criminal Attorney who frequently defends drug charges in Chandler as soon as possible. Although it is the most common of Chandler Arizona drug charges, it is still consider a serious offense in the eyes of the prosecution and State of Arizona. This does not mean you have to accept the maximum penalties and sentencing for possession of marijuana in Chandler. Your Chandler criminal defense attorney may be able to get your Marijuana charges dismissed.
First, you should know that the penalties for possession Marijuana in Arizona depend on the amount the police found to be in your possession. Other factors the court will want to consider with regard to penalties and sentencing include but not limited to the following:
1) The intended purpose of the possession (use, sale or distribution)
2) Prior convictions
3) If the charges were in connection to another offense
In General, sentencing and penalties for possession of Marijuana charges in Chandler can include the following:
• Under 2 lbs: Class 6 felony; fines and fees other; court orders such as counseling
• between 2 and 4 lbs: Class 5 felony; fines and fees; other court orders
• 4 lbs. and greater: Class 4 felony; fine of not less than $750 or 3 times the value of the controlled substance, whichever is greater; other court orders including counseling
Marijuana classifications and penalties are strictly described under Criminal Code 13 - A.R.S. "13-3405. Possession, use, production, sale or transportation of marijuana; classification..."
If you were charged with possession of Marijuana, without intent to sell, other purpose, or other charges, you may be eligible for what is called "deferred prosecution." This means you may qualify for a "second chance" by the Arizona Court. It requires completion of a probationary period. If your probation is completed satisfactorily, your charges may be dismissed. But if the probationary period or other court orders were violated, you could face original potential sentencing by the prosecution for the crime. A good Chandler Marijuana Lawyer or Chandler criminal defense Attorney will do everything possible to get you the deferred prosecution, dismissal of the charges, reduction to lesser charges or otherwise best possible outcome in your case. Even if your circumstances preclude you from getting qualifying for deferred prosecution, other defenses can be used to challenge the prosecutions case against you. In any event, a good Chandler criminal attorney will fight for your freedom, make sure you are treated fairly, and still make every effort to get your case dismissed or otherwise the best outcome possible.
If you have been charged with any Chandler, Arizona Marijuana possession, sales, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Tempe, Arizona DUI, Tempe, Drug DUI, or any other criminal charge including theft, 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 Chandler, 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 Tempe, Tempe, Chandler, Tempe, Chandler, Arizona and surrounding areas 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.
]]>Retrograde Extrapolation refers to the calculation of blood alcohol content (BAC) by estimating backwards from a later chemical test, in an attempt to determine what your
BAC level was at the time you were driving. Good Phoenix DUI Attorneys sometimes use this as a defense to present to the prosecution that you were not driving illegally, or impaired due to chemicals or alcohol at the time you were driving. Due to the existence of many variables, uncertainties, the complicated mathematical calculations, individual body absorption rates, and toxicology issues surrounding Retrograde Extrapolation, some states prohibit the DUI defense, or prosecution from using it.
The State of Arizona allows for admission Retrograde Extrapolation evidence, but only on a limited basis, meaning they must meet certain time restriction or other criteria in order to use it. Some of the best Phoenix DUI lawyers will still try use it in an appropriate case do defend you and challenge a DUI or Drug tests accuracy in order to suppress evidence or get your case dismissed. An argument can be made by your attorney that an unreasonable amount of time passed between when you were stopped for a Phoenix DUI and when you were tested for DUI or drugs. Therefore, causing the test to be inaccurate or invalid and not an accurate indicator of your impairment at the time you were driving.
A few factors that can result in delays from the time of the Phoenix DUI stop, and the time they were tested. Some common causes of delays include but are not limited to the following:
• You were suspected for Drug DUI, and it took an unreasonable amount of time to transport you to a facility, location, or arrange for qualified personnel to test you.
• A hit and run was involved, knowingly or unknowingly. You did or did not realize you hit someone at the time or you panicked and left the scene before the police arrived. Later, perhaps hours or day (s) you remembered or learned there was an injury involved; reported that you were the driver of the vehicle; and that you were driving under the influence of alcohol or drugs at the time.
• You had to be transported by ground or air ambulance to a hospital which took an unusually long time before you could be properly tested for qualified personnel.
• DUI involved a serious car accident which an unusual amount of time for the police to investigating the scene; a lengthy waiting or working around emergency crews; waiting for other police or traffic control officers to arrive before they had an opportunity to test you.
A good Phoenix Attorney may be able to get the evidence suppressed and case dismissed through the use of an expert, or by calculating the absorption level and elimination of alcohol from the body between the time you were driving and the time the tests were conducted. The rate of elimination in the average person is commonly estimated at .015 to .020 percent per hour. But this number is subject to fluctuations and many different factors for each individual. Generally the rate of your metabolism of drugs or alcohol can be effected by things such as bodyweight, body temperature, the type of drug or alcohol consumed, the amount, type and time of other food or fluids you may have consumed prior to the Phoenix DUI or Phoenix DUI with Drug stop by police.
Even though this defense has limits, it can still be a viable defense. An experienced Phoenix Arizona DUI Attorney may still challenge the breath or chemical testing to defend your case, and get your charges dismissed.
If you have been charged with any Phoenix 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 Phoenix DUI, Phoenix, Phoenix 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 Phoenix 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 Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa Phoenix and surrounding areas 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.
]]>"What is Your Experience?
What background do you have that qualifies you to handle my case?
Have you ever been a prosecutor? If so, where, and for how long?
Who Will Be My Lawyer?
Will you be the lawyer who is actually handling my case?
Who is doing all the investigation on my case? Will you be the lawyer who shows up to court with me?
Will you be switching lawyers on me?
Can I meet my assigned lawyer before I agree to hire your firm?
Will I be able to speak to you if I have a question or concern?
What is it going to Cost?
What training do you have with the issues involved in my case?
How many cases like mine have you handled?
How often do you handle this specific type of case?
How often do you deal with this particular prosecutor?
How often do you appear in this court?
How often do you appear before this particular Judge?
What is your current caseload?
How long should I expect to wait to hear back from you if I leave a message for you?"
No matter what you chose to do, remember if you face a Phoenix DUI or other Criminal Charge you are innocent until, and only if, you are proven guilty. Everyone makes mistakes. It's how you recover from that mistake that counts more. You can take control of your criminal or DUI charges now, by consulting and retaining a good Phoenix DUI lawyer.
If you have been charged with any Phoenix 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 Arizona DUI, Arizona, 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 Phoenix Criminal Defense and Phoenix DUI Defense Attorney and James Novak (Former Prosecutor).
]]> The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa Arizona and surrounding areas 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.
]]>If you are facing Gilbert Marijuana possession charges, also known as Cannabis or Pot, possession charges in Arizona, you should contact an Arizona Marijuana possession defense attorney or AZ criminal defense attorney who defends drug charges on a regular in Gilbert Court as soon as possible. In the state of Arizona these can be very serious charges, and penalties.
Whether your Marijuana charges were issued in Gilbert AZ, Phoenix AZ, Scottsdale AZ, Tempe AZ, Chandler AZ, Mesa AZ or any other city in Maricopa County or any other County within Arizona you will be subject to the rules of the State of Arizona Law regarding classification and penalties.
Gilbert Possession Laws
"A.R.S. Title 13 Chapter 34 "13-3405. Possession, use, production, sale or transportation of marijuana; classification
A. A person shall not knowingly:
1. Possess or use marijuana..."
Gilbert Arizona Possession Charges
"1. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of less than two pounds is guilty of a class 6 felony.
2. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of at least two pounds but less than four pounds is guilty of a class 5 felony."
Some of the factors Gilbert Court will consider for conviction sentencing and penalties will vary as follows:
• How much of the Marijuana was alleged to be in your possession.
• The intended purpose of the Marijuana found in your possession (use, or sale)
• Any prior criminal record
• First time vs. repeat charges for Marijuana possession
• The weaknesses or strength of the Gilbert Court prosecution's case against you.
• Any admissions of you did make or may have made regarding your guilt
Phoenix Marijuana Possession Defense Lawyer
"A good Gilbert Marijuana defense attorney and do everything possible to get your charges dismissed"
You should consult a Gilbert Marijuana Attorney or Arizona criminal defense lawyer who is defends Marijuana possession charges Gilbert AZ frequently. An experienced Gilbert Criminal Defense Attorney or Marijuana Possession defense Attorney will immediately begin building a case in your defense. Your Gilbert criminal Marijuana Defense Lawyer will investigate and examine any evidence to determine if the charges are justified. Your Gilbert Criminal defense Attorney or Marijuana possession defense attorney will challenge all evidence possible that the Gilbert prosecution has against you. Your Marijuana lawyer will point out weaknesses of prosecutions case to the Gilbert Court or Prosecution, at the first opportunity which is the evidentiary hearing. The weaker the prosecution's case, the more favorable the outcome will be for you.
An experienced Gilbert criminal defense or Gilbert Marijuana possession defense lawyer will make sure your constitutional rights have not been violated(which occurs often in the case of searches and seizures of the drugs by police). A good Gilbert Marijuana defense attorney will do everything possible to get your Marijuana possession charges dismissed. They will work for your defense through the proper legal channels to attempt to get a dismissal of your Gilbert Marijuana possession charges, suppression of evidence or reduction in charges. With good legal representation from a Criminal Defense Firm, your Marijuana possession defense charges have an increased chance of getting your chances dismissed, reduced or otherwise favorable outcome for you. Remember, experience matters when it comes to defending any criminal charges in any Gilbert Court.
If you have been charged with any Gilbert Marijuana possession, possession, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Arizona DUI, Drug DUI, or any other criminal charge including theft, 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, Chandler, Mesa, Tempe, Phoenix, Scottsdale, Arizona and surrounding areas within Maricopa County 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.]]>If you face Tempe Marijuana charges, also known as Cannabis or Pot, possession charges in Arizona, you should contact an Arizona Marijuana possession defense attorney or AZ criminal attorney who defends drug charges on a regular basis as soon as possible. These are very serious charges, and if convicted, will have a life long adverse impact on you.
Whether you were charged with possession of Marijuana in Tempe AZ, Phoenix AZ, Gilbert AZ, Scottsdale AZ, Chandler AZ, Mesa AZ or any other city in Maricopa County or any other County within Arizona you will be subject to the rules of the State of Arizona Law regarding classification and penalties.
Tempe Possession Laws
"A.R.S. Title 13 Chapter 34 "13-3405. Possession, use, production, sale or transportation of marijuana; classification
A. A person shall not knowingly:
1. Possess or use marijuana..."
Arizona Possession Charges
"1. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of less than two pounds is guilty of a class 6 felony.
2. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of at least two pounds but less than four pounds is guilty of a class 5 felony."
The Tempe Sentencing and Punishments vary depending on several factors including but not limited to the following:
• How much of the Marijuana you were accused of possessing.
• The intended purpose of the Marijuana found, as alleged by the police
• Past Criminal Record
• First time vs. repeat offense of Marijuana possession
• Strength of the prosecution's case
• Any admissions of guilt you may have intentionally or unintentionally made
Phoenix, AZ Marijuana Possession Defense Lawyer
"A good Tempe Marijuana defense attorney and do everything possible to get your charges dismissed"
You should consult a Tempe Marijuana Attorney or Arizona criminal defense lawyer who is defends Marijuana possession cases in Tempe AZ. An experienced Tempe Criminal Defense Attorney will immediately begin building a case in your defense. Your Marijuana Defense Lawyer will investigate and examine any evidence to determine if the charges are justified. Your Tempe Criminal defense Attorney or Marijuana possession defense attorney will challenge all evidence possible that the Tempe prosecution has against you. Your Marijuana lawyer will point out weaknesses of prosecutions case to the Tempe Court or Prosecution, at the first opportunity which is the evidentiary hearing. . The weaker the prosecution's case, the more favorable the outcome will be for you.
An experienced Tempe criminal defense or Tempe Marijuana possession defense lawyer will make sure your constitutional rights have not been violated(which occurs often in the case of searches and seizures of the drugs by police). A good Tempe Marijuana defense attorney will do everything possible to get your Marijuana possession charges dismissed. They will work for your defense through the proper legal channels to attempt to get a dismissal of your Tempe Marijuana possession charges, suppression of evidence or reduction in charges. With the defense of a good Arizona Marijuana possession defense attorney your chances of obtaining such as favorable outcome increase significantly.
If you have been charged with any Tempe Marijuana possession, possession, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Arizona DUI, Drug DUI, or any other criminal charge including theft, 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, Tempe, Chandler, Mesa, Tempe, Gilbert Scottsdale, Arizona and surrounding areas within Maricopa County 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.]]>