Phoenix DUI Lawyer Blog

If you were arrested in Arizona, received criminal charges in Arizona, you will need an Arizona Criminal Lawyer to defend you. This is true, even if you live out of state and were simply driving through or visiting when you cited or arrested. If you live out of state and you wish to hire an Attorney in your home state, be sure they are licensed to practice criminal defense in Arizona. If so, you will want to make sure they keep up on the constantly changing criminal and DUI laws, statutes and case law in Arizona. Your best chances of getting a good outcome will be to hire an attorney who resides and is licensed to practice criminal defense and DUI defense in Arizona. Even better, is make sure it is someone who defends clients daily or frequently in the Arizona Court System.

Next, there is a misconception among some that think any type of lawyer can defend their criminal charges. Perhaps they have a friend or relative or an attorney they used for a personal injury matter. That may have been the case 50 years ago, but not anymore. Arizona Criminal and DUI statutory laws are constantly changing and more criminal cases that have gone to trial and appeals have set case law authority and precedent. It is challenging enough for an Arizona Attorney who practices exclusively in criminal or DUI law to keep up. The court system and procedures are complicated and the courts dockets are overloaded. You don't want to find yourself being defended by an Attorney who is just going through the motions, and agreeing to the maximum sentence the Arizona prosecution wants to give you. You don't need anyone else to help you get convicted. Arizona and its prosecution will already be positioning case to do just that.

The criminal and DUI laws are tough in Arizona, some of the toughest in the country. You need a strong, Arizona criminal defense Attorney or Arizona DUI Lawyer. You want to choose someone who will fight for you and use every defense in their arsenal to try and get your case dismissed. You need an Arizona Criminal Attorney who knows the law, the court systems, defenses that can be used, judges, prosecution, and case law that may have an impact on your case. You want an attorney who will protect your constitutional rights. A violation of those rights may lead to grounds for dismissal of your charges. All of these factors have an impact on the outcome of your case. They can make the difference between you getting the maximum sentence following a conviction, or getting your charges totally dismissed. For criminal charges in Arizona, you need to hire an Arizona Criminal Attorney. Your future is too important to gamble with.

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, 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).

Continue reading "Arizona Criminal Lawyer | Criminal Defense " »

Arizona Criminal Defense, Laws and Penalties

"Never try to resolve the Domestic Violence charges your own... Any contact with the victim could result in additional charges. Contact an Arizona Domestic Violence Attorney first."

Like many crimes, Arizona is tough on domestic violence. Many think of domestic violence charges as something that "only happens to someone else". But the fact is that domestic violence crimes occur daily, in almost every neighborhood, in every city in Arizona, to people all around you. They just don't generally talk about it. For some, it happens when they least expect. If you receive Arizona domestic violence charges, you should contact an Arizona criminal attorney as immediately. The mistake many people make, after receiving Arizona domestic violence charges is that they try to resolve it own their own. Never try to resolve the Domestic Violence charges your own. Any contact with the victim could result in additional charges. Consult an Arizona Domestic Violence Attorney first. In addition, it makes no difference if the victim decides to drop the charges. After charges or an arrest has been made, only the State of Arizona's prosecution can drop or dismiss the charges. The victim or accuser can not simply withdraw their charges. That's the law. After being called to the scene they conduct their own investigation, and chose an action. Once they make the decision to charge or arrest you with a crime, you will need to fight it through the justice system. Anything else you say or do can be held against you or make matters worse.

Arizona domestic violence laws are outlined in A.R.S. Criminal Code 13 and cover a variety of crimes. Arizona defines domestic violence specifically within the following references:

"A.R.S. 13-3601. Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure; notice

A. "Domestic violence" means any act which is a dangerous crime against children as defined in section 13-705 or an offense defined in section 13-1201 through 13-1204, 13-1302 through 13-1304, 13-1502 through 13-1504 or 13-1602, section 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2916 or section 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623, if any of the following applies:..."

Domestic violence laws apply to spousal abuse, former spouses, partners, former partners, friends, acquaintances, any family members, children, elderly persons living with you, persons you are dating, persons with whom you have a child, and children and the list can go on. Domestic Violence crimes include any physical abuse, sexual abuse, mental abuse, harassment, custodial interference, fear or threat of violence, assault, and homicide.

Arizona treats domestic violence charges very seriously. To you, what may seem minor in nature, may be more serious than you realize and the punishments harsh if convicted. If you have been accused of an Arizona domestic violence crime it is important that you consult a Criminal Attorney experienced in defending domestic violence charges.

Arizona crimes covered under Domestic Violence offenses

Criminal offenses under the Arizona's domestic violence laws include:
• Assault - A.R.S. §13-1203
• Aggravated assault - A.R.S. §13-1204
• Child abuse - A.R.S. §13-3623
• Custodial interference - A.R.S. §13-1302
• Criminal damage - A.R.S. 13-1602
• Dangerous crimes against children - A.R.S. §13-705
• Disorderly conduct - A.R.S. §13-2904
• Elderly abuse - A.R.S. §13-3623
• Endangerment - A.R.S. §13-1201
• False imprisonment - A.R.S. §13-1303
• Harassment - A.R.S. §13-2921
• Harassment (telephonic) - A.R.S. §13-2916
• Kidnapping - A.R.S. §13-1304
• Order of protection violations - A.R.S. §13-2810
• Restraining order violations - A.R.S. §13-2810
• Stalking - A.R.S. §13-2923
• Surreptitious photographing - A.R.S. §13-3019
• Threatening and intimidation - A.R.S. §13-1202
• Trespass - A.R.S. §13-1502-04

CONSEQUENCES OF A DOMESTIC VIOLENCE CONVICTION
If your receive a conviction of domestic violence in Arizona, the state may revoke or limit child visitation rights, right to bear arms, and impose punishments of jail sentences, fees, fines, restitution, restraining orders, probation, counseling, and in the most serious cases long term or life prison sentences.

Domestic violence cases involving weapons or bodily injury to the victim are charged as felonies. If that is the case you could serve a lengthy incarceration in state prison. If the domestic violence crimes are charged as an Arizona misdemeanor, the punishment should not exceed 6 months in county jail. In Arizona, the domestic violence laws also require the defendant complete Domestic Violence Counseling Treatment program, such as Anger Management classes or therapy. In many cases, the court will prohibits the defendant from having any contact with the victim or returning to the location where the alleged offense occurred, in which many cases that happens to be your home. So on top of everything else, you won't be able to return home, without a police escort, or not at all, for certain on indefinite amount of time.

What an Arizona Domestic Violence Attorney Can do for You
You will need an experienced Arizona Domestic Violence attorney or Arizona Criminal Defense Attorney who is well versed at defending domestic violence cases. They will gather and examine all the evidence available and build a defense based on your unique set of circumstances. Once the police have charged you or arrested you, they are not likely to change their mind, based on what you have to say. Your Arizona Criminal Defense Attorney will be your voice, They will draw from their education, training, experience, litigation, case laws, Arizona laws, and aggressively challenge any charges that are unjustified, defend your constitutional rights, and make every effort to get your case dismissed , evidence suppressed or charges reduced for the best possible outcome in your case. That is the job of your Arizona domestic violence attorney.

If you have been charged with any Arizona Domestic Violence, 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, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona 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 Phoenix Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Arizona Domestic Violence Lawyer " »

Arizona Criminal Attorney
If you have been arrested in Arizona for a criminal defense, try to remember that you are innocent until proven guilty in a court of law. Just because you were charge, and arrested, doesn't have to mean you will be convicted of that Arizona crime. But you must consult and hire an Arizona Criminal Defense Attorney for any chance at all of getting your Arizona Criminal Charges dismissed, reduced or other favorable outcome in your case. The Arizona court and Arizona legal system is complex; the Arizona criminal laws are strict; and the Arizona criminal penalties and sentencing is harsh; The Arizona Prosecution and the State of Arizona have the job of getting a conviction. You will need a strong and experienced Criminal Defense Attorney to defend your charges against the state and the system.

"Just because you were charge, and arrested, doesn't have to mean you will be convicted of that Arizona crime."

You should, as soon as reasonably possible consult an experienced Arizona Criminal Lawyer to make sure your rights were not, or will not be violated. If hired, they will gather and examine all evidence possible to build and mount a strong defense, and help you to understand the process from start to finish. You will not have any other legal allies in the process. The judge can only rule on effective motions, evidence produced or jury decisions. Do not expect them to give you sympathy, help, or any breaks in the process if you do not have any attorney. In fact, it just makes the prosecution's job that much easier. And all the judge has to rely on and make his decisions are the motions, and evidence produced by the Prosecution. Do not help them to incriminate you by going unrepresented by a private attorney.

Most Top Arizona Criminal Defense Lawyers Give Free Initial Consultations.

Choosing an Attorney may be one of the most important decisions you will make relating to your criminal matter. Contact at least one or two Arizona Criminal Defense Attorneys. The consultations are usually free. Don't pay for one. Repeat--don't pay for an Arizona Criminal Defense Consultation. Almost all top Arizona criminal defense firms provide FREE consultations. Speak or meet with them, make sure you are comfortable with their high level of skill, training, education and experience in Arizona criminal defense and litigation in the court room regarding the criminal charges you face.

Regarding Arizona Criminal Defense Attorney fees, get quotes. You will find that many top Arizona Attorneys, not only provide free consultations, but are affordable. And a final word of caution, paying more, does mean you will get a better Attorney. Paying less does not mean you will get less effective legal representation. You should hire the Arizona Criminal Defense Attorney you feel will be the most likely to get the best outcome in your case. Your future and your freedom at stake, choose wisely.

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, 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.

Continue reading "Arrested in Arizona " »