Phoenix DUI Lawyer Blog

"If your rights have been violated, it can often lead to dismissal of evidence or your criminal charges in Gilbert AZ. The key to a successful defense based on rights violations is to hire an experienced criminal defense trial and defense lawyer who will investigate and raise compelling arguments on your behalf."

Experienced criminal defense and DUI lawyers who defend criminal charges in Gilbert are naturally very familiar with the laws, and how to use them in favor of your defense. It's a good idea for you to be familiar with your criminal rights before you get charged or arrested in Gilbert AZ. Many feel that laws and procedures are in place only to use against them to arrest, and convict. But the fact is that laws also exist to protect them even if they are accused of a crime.

To simplify, we will break them down into three types of criminal rights: 1) Federal Rights. These are the rights guaranteed under The United States Constitution or Constitutional Rights; 2) State Rights under Arizona Constitution and State Laws; 3) Procedural Rights, those related to processing formal criminal and DUI charges in the AZ criminal justice and criminal court process.

Below are some of the most common criminal rights (list is not all inclusive):

• The Right to "an attorney", criminal or DUI defense, as soon as reasonably possible (must be invoked by the accused );
• The Right to "remain silent" (must be invoked by the accused);
• The Right to "due process" to defend the charges in the criminal court system;
• The Right chose not to allow self-incrimination;
• The Right to plead "not guilty" of the charges;
• The Right to use justifiable defenses;
• The Right to obtain and present exculpatory (in favor of defense) evidence;
• The Right to challenge the credibility of evidence the prosecution intends to use;
• The Right to a fair and speedy jury trial (for charges eligible for jury trials);
• The Right to deny unwarranted "search and seizure" of property, vehicle, and person.
• The Right not to be treated humanely and with dignity not with "cruel and unusual" punishment.
• "Double Jeopardy" prohibition: the Right not to be charged, arrested, tried or punished, for the exact same or original incident.

If you face active criminal or DUI charges Gilbert AZ, or you feel your rights have been violated, you should contact an experienced criminal or DUI lawyer who defends Gilbert charges as soon as possible. Violations of constitutional rights can lead to dismissals of evidence or even complete dismissals of Gilbert criminal or DUI charges. Such allegations by a defendant involve certain evidentiary issues that must be proven and compelling, and defended through the complex criminal court system. For these reasons, your chances of getting a good outcome for challenging constitutional right violations are the most successful if investigated and argued by an experienced Gilbert criminal defense and trial lawyer.

Continue reading "Criminal Defense Lawyer Gilbert AZ | Criminal Rights List | AZ Criminal Law" »

CRIMINAL ATTORNEY GILBERT

You have protected rights under both Federal and Arizona State Constitutions. Be careful not to unknowingly or otherwise waive any of your rights, without the presence and guidance of an experienced Gilbert criminal defense attorney or Gilbert DUI Lawyer.
If you were arrested in Gilbert for a DUI or face criminal charges in Gilbert, you should consult a Gilbert criminal defense Attorney or DUI lawyer who defends cases often in Gilbert Court. Along with litigation experience, knowledge of the constantly changing laws, and Gilbert criminal justice system, your Criminal Attorney or DUI lawyer must be familiar with what defenses to use that will be most effective in attempting to get your charges dismissed, reduced or the otherwise best outcome in your case.

Arrested in Arizona: What Happens After an Arrest?

• Legality of the Arrest - In order for an Arizona arrest to be legal, the police must have "Probable Cause". This means that the officer has reasonable belief that a crime was committed by you. If so, you will be arrested and taken into Gilbert police custody. An arrest does not automatically mean you are or will be convicted.
• Booking - Fingerprints and photograph or what some call "mug shot" will be taken. The police will ask you some Identification questions, research any past criminal convictions, and determine if you were on probation or parole at the time of your arrest.
• Arraignment - This is the initial Gilbert court appearance. At this stage you will be formally charged, (but not convicted) and the processing of your charges through the criminal justice system, and time-lines begin. Here you may plead 1) guilty, 2) not guilty, or 3) no contest (no contest is when you do not admit guilt on the charges, but you are advising the Arizona Court that you do not dispute the charge either).
• Resolution - 1) Charges dismissed; 2) negotiated plea agreement for reduced charge or sentencing; 3) Trial
• Sentencing - 1) If you are guilty or have agreed to a negotiated plea agreement you will receive sentencing or penalties by the Judge. The Arizona judge has complete discretion to order any sentence that falls within the sentencing range of the crime found guilty.

Gilbert Criminal Rights
You have protected rights both under Federal and Arizona State constitutions and law. It is important that you do not "waive" any of your protected rights without the presence of counsel or the advice of your Gilbert criminal attorney or Gilbert DUI lawyer. If you decide to waive any of your rights, you may harm your case that may prohibit you from using defenses or suppressing evidence against that otherwise could have used to attempt to get your Gilbert criminal or DUI charges dismissed or evidence suppressed in your defense. You are not required to assist the police in making its case stronger against you.

Some of the common rights you have are listed below and not all inclusive:
1) The right to remain silent;
2) The right to defense by an attorney;
3) The right not to answer questions without your criminal defense attorney present;
4) Your Miranda Rights must be read to you if you are arrested;
5) The right to enter a "Not Guilty" Plea;
6) The right to obtain and produce exculpatory (evidence favorable to your defense) evidence at trial;
7) The right to trial by jury;
8) The right to defend your criminal or dui charges before trial;
9) The right to avoid self-incrimination;
10) The right to cross-examine or confront a witness during trial who is testifying against you. It is highly recommended that you leave this to your qualified AZ criminal defense attorney with experienced litigation skills.

Criminal Defense Attorney Gilbert AZ
One of your most important rights of all is your right to retain a Gilbert criminal defense or Gilbert DUI defense lawyer. Your future and freedom depend upon this decision. The best Gilbert criminal attorneys and Gilbert DUI lawyers will advise you not to waive this right, particularly depending on the severity the charges. Some of the best attorneys in criminal and DUI lawyers in Gilbert provide free consultations. It would be prudent for you in the least to consult a Gilbert criminal or DUI defense lawyer to discuss your charges and defense options.

It is common knowledge that Arizona criminal and DUI laws and penalties are some of the toughest in the Country. It is unwise to go through the Gilbert Arizona criminal justice system and through the Arizona Court processes without good legal representation by a Gilbert criminal defense or DUI lawyer in Arizona who defends cases frequently in Gilbert. If you go unrepresented it makes the prosecution's job easier and is a fast track to a conviction. The Gilbert criminal justice system is a vast maze of procedures, time-lines and protocol that a good criminal defense or DUI attorney deals with every day. Also, without a qualified attorney you also, risk the chance of saying or doing something that will unknowingly harm your case.

There is no substitute for an experienced Arizona criminal attorney skilled in litigation. A good Gilbert criminal Attorney or DUI lawyer who defends cases often in Gilbert AZ will be able to gather and examine all the evidence, determine the best defenses to use based on your set of circumstances, and build a strong defense case against the prosecution on your behalf. Retaining a good criminal attorney for your Gilbert AZ criminal charges or Gilbert DUI will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.

Continue reading "Gilbert Arrest | Criminal Defense | Criminal Rights " »

WHY YOU SHOULD FIND A GOOD GILBERT CRIMINAL LAWYER IF YOU FACE FELONY CHARGES

You can fight your felony charges. Felony charges get dropped, dismissed or reduced
often; but not by luck or chance. It takes hard work and good Gilbert Criminal Defense legal representation. If you face a felony arrest or felony charges in Gilbert AZ you will need to retain an experienced criminal attorney in Gilbert. They will be your first and last line of defense, and give you the best chance of a good outcome.

Felony Charges Gilbert AZ
Felony Charges in Arizona are always very serious criminal offenses and are aggressively prosecuted by city, state and county prosecutors. The best way to protect yourself and preserve your freedom is to hire a highly trained, qualified, proactive and experienced Gilbert Criminal Attorney. Gilbert AZ felony convictions usually carry steep prison sentences. Some involve long term or life time incarceration in prison; exorbitant fines and fees; and a criminal record that will follow you and adversely effect you for the rest of your life depending on the severity and nature of the crime for which you were convicted.

Felony Sentencing in Gilbert
Gilbert categorizes crimes into six classifications, with Class 1 being the most severe of crimes which carry the harshest punishments and longest prison sentences. If convicted, most Mesa felony conviction sentences are served in a state prison rather than in a county jail. The felony sentencing and term is dictated by the nature and severity of the criminal charges for which you were convicted. Each felony class includes a range from the minimum term to the maximum term of prison time the convicted defendant will be required to serve.

Gilbert Felony Laws
Felony Laws in Gilbert Arizona are strict, and penalties harsh. Definitions, Classifications, Sentencing guidelines, and Penalties are comprehensive. Felony Charges in Gilbert AZ are governed by the rules of authority of Arizona State Law and criminal code: Title 13 - Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes.

Felony Attorney AZ | Gilbert Criminal Defense
If you have been arrested or charged with a felony in Gilbert AZ you will need to retain the legal representation of an experienced criminal attorney in Gilbert or AZ felony attorney. Your future depends on it. Gilbert felony charges are not the type of charges you want to go at alone. You can fight your charges by retaining a good criminal attorney in Gilbert AZ.

There is no substitute for litigation experience, familiarity with the criminal justice system and courts, knowledge of the ever changing Arizona Laws, familiarity with the judges and prosecutors in the jurisdiction you were arrested for or received the felony charges.
Be sure to select a felony defense lawyer who defends cases in Gilbert frequently and who has a vast amount of litigation experience, knowledge, and skills and is proactive, and one who has the ability to build solid defense on your behalf. Choosing your Gilbert criminal attorney may be one of the most important decisions you will make relating to your felony charges in Gilbert, AZ, and one that will affect the rest of your life. Choose one that you feel confident will protect your rights, fight to get the charges dismissed, reduced, or the otherwise best outcome in your case.

Continue reading "GILBERT CRIMINAL ATTORNEY" »

You may hear about two people who may have received charges for the same crime, at the same time in Gilbert Arizona. One of them was convicted and was sentenced to do jail time and pay a large fine. The other got their case and all charges dismissed. You ask what was the difference in the two, and why did one get convicted, and the other get their charges dropped? Most likely the one got their case dismissed hired an experienced Arizona criminal lawyer who defends cases on a regular basis in Gilbert Arizona. Does this sound unfair? Maybe, but it happens every day in Phoenix, Tempe, Mesa, Gilbert Chandler, Scottsdale, and most other such cities in Arizona.

You will need to at least consult with a Gilbert Criminal Lawyer if you have been charged with a crime in Gilbert Arizona. It will take an experienced Gilbert Criminal Defense Lawyer, or Gilbert DUI Attorney or other licensed Arizona Criminal or DUI Attorney who practices DUI and criminal defense exclusively or on a regular basis in Gilbert. The criminal court system is complicated, the laws are tough and constantly changing, and criminal laws and legislation, and case law that may apply to your case is every changing. You need to hire someone who keeps up with all of this and defends clients in Gilbert Arizona regularly.

No matter if the charge is classified as a misdemeanor or felony conviction could have a profound and lasting impact on your life, employment, and family, right to drive, education, freedom and Future for many years. Hiring a good Gilbert criminal defense will make all the difference in the outcome of your case. Choosing an Attorney may be one of the most important decisions you will make relating to your criminal matter. All of the following are charges are offenses that a Gilbert criminal attorney would defend (not this list is not inclusive):

• DWI
• DUI
• OUI (Operating a Vehicle Under the Influence of drugs or alcohol
• OWI (Operating a Vehicle While Intoxicated)
• DUI with prior criminal or DUI convictions
• Theft
• Larceny
• Assault
• Aggravated Assault
• Robbery
• Burglary
• Sex Crimes
• Drug possession, Drug Sales, Drug Distribution, Drug Paraphernalia
• Dangerous Drug possession, Drug sales, Drug Distribution, Drug Paraphernalia
• Violent Crimes
• Internet Crimes
• Computer Crimes
• Vehicular Crimes
• Gun Charges
• Other Weapons Charges
• Domestic Violence
• Domestic Assault
• Child Abuse or Neglect
• Probation Violation
• Disorderly Conduct
• Pre-Charge Representation
• Kidnapping
• Misdemeanors
• Felonies

An experienced Gilbert Arizona criminal attorney will defend you; protect your constitutional rights, and fight to get your charges dismissed or reduced. In the least they will make sure you get the best possible outcome in your case. Most Gilbert criminal lawyers provide free consultations. You have nothing to lose, and everything to gain by consulting a Gilbert Criminal Attorney for your criminal defense or DUI matter.

If you have been charged with any Gilbert 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 , Gilbert 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 Gilbert Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Gilbert Criminal Attorney | Criminal Defense " »

How Good Gilbert Criminal Attorneys Defend Marijuana Sales Charges

If you face Gilbert Marijuana (Pot) sales charges, you should consult a Marijuana lawyer or criminal defense attorney who defends Marijuana drug charges in Gilbert, Arizona on a regular basis. If convicted, you will face serious penalties. Gilbert Marijuana sales charges fall within the State of Arizona Criminal Code 13 classification, penalties, and sentencing guidelines for Marijuana sales, Marijuana trafficking and Marijuana Production:

Sale of Marijuana
• Under 2 lbs.: Class 4 felony;
• between 2-4 lbs.: Class 3 felony;
• over 4 lbs.: Class 2 felony: fine of the greater of $750 or 3 times value of substance;
• Sale within drug-free school zone: add 1 yr. to sentence and fine of $2000

Trafficking/Producing Marijuana
• less than 2 lbs.: Class 5 felony;
• between 2-4 lbs.: Class 4 felony;
• Over 4 lbs.: Class 3 felony;
• Transporting/importing: less than 2 lbs.: Class 3 felony; Over 2 lbs.: Class 2 felony

Arizona Criminal Code 13 comprehensively outlines Marijuana laws in "A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification"

Penalties for Gilbert Marijuana drug offense convictions depend on many factors. Some factors that will be considered include but are not limited to the following:

• Amount of Marijuana found in your possession for sale
• Your prior criminal record
• Any Prior Marijuana convictions
• The strength of the prosecution's case and evidence against you

The most serious Marijuana crimes in Gilbert are in that of production, manufacturing, or sales of Marijuana in Arizona. Possession of drugs with "intent" to sell or distribute them is also a serious crime. The Arizona prosecution will try to establish that you intended to sell or distribute by the quantity of the drug you possessed. This is a fact, whether or not you did or did not actually distribute or sell or intend to do so. A Gilbert Arizona conviction of Marijuana sales, production, or distribution, can result in mandatory term jail or prison sentences depending on the factors above and other circumstances surrounding your charges. If you are convicted of Gilbert felony drug possession, trafficking, sales or distribution carry the most serious penalties, fines, fees, jail, prison, and other harsh penalties if convicted.

What an Experienced Gilbert Marijuana Defense Lawyer Can Do
It is important that you contact a private Arizona Drug Defense Attorney or Marijuana lawyer who defends these types of charges in Gilbert on a regular basis. A good Gilbert Criminal Attorney will gather all the evidence, and investigate further to build a strong defense. This is necessary to challenge the Arizona Prosecutor's case against you.

Your Gilbert criminal attorney will make sure your constitutional rights have not been violated. Violations of constitutional rights are common in drug sales cases, particularly in the pre-investigation state of search and seizure of the Marijuana by police. If your rights have been violated, the case may be dismissed or evidence suppressed. A Gilbert criminal defense attorney will make sure you are treated fairly, and do everything possible to get your charges dismissed in any event.

A proven criminal defense attorney who handles Gilbert drug sales cases on a regular basis will understand the laws surrounding your offense; case law that may exist to support a favor verdict for your case; the appropriate defenses that can be used to defend your case; and familiarity with the courts system, judges and prosecution. Your Mesa criminal defense attorney will use of these factors to your advantage in an effort to attempt to get your charges dismissed, evidence suppressed, or a reduction in charges and sentencing. Hiring a criminal attorney who defends drug cases on a regular basis in Gilbert Arizona will significantly increase your chances of getting a good outcome in your case.

If you have been charged with any Gilbert 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 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 Gilbert Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "MARIJUANA LAWYER " »

Defending Gilbert Marijuana Possession

If you face Marijuana possession charges, you should contact a Marijuana Lawyer who defends Gilbert Marijuana charges or defends Marijuana charges in Gilbert, Arizona as soon as possible. Marijuana Possession, as simple as it may seem, is serious in the eyes of the Arizona prosecution.

Penalties for possession Marijuana in Arizona will depend on the amount that was found in your possession. Other factors include intended purpose for which you possessed it, and if the crime was a repeat offense.

In general, sentencing for charges of possession of Marijuana charges in Gilbert are
outlined below:

• Under 2 lbs: Class 6 felony;
• Between 2 and 4 lbs: Class 5 felony;
• 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.

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 face possession charges, in absence of intent to sell or other purpose besides simple use, you may be eligible for deferred prosecution. This means you may qualify
for what is better known as a "second chance" from the court. It requires that you complete a probationary period. If the probationary period, and all other orders by the court are satisfied successfully, the case may be dismissed. But if the probationary period and any other court orders are violated, you could face original potential sentence by the prosecution for the crime.

A good Gilbert Marijuana Lawyer or drug charges Attorney who frequently defends drug charges in Gilbert should do everything possible to get the deferred prosecution, dismissal of the charges, reduction to lesser charges or otherwise best possible outcome in your case.
If you have been charged with any Gilbert 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, Gilbert, 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 Gilbert Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "GILBERT MARIJUANA LAWYER" »

15 Defenses

How to Beat Your Gilbert Disorderly Conduct Charges

If you face Gilbert Disorderly Conduct charges you should contact a Gilbert Disorderly Conduct attorney or Arizona Criminal Defense Attorney who frequently defends clients against Gilbert Disorderly Conduct Charges.

"Disorderly conduct" also known as "disturbing the peace" is a Gilbert Arizona criminal charge. Many Arizona Criminal Attorneys feel it is an abused or overused charge. Police often used as a "catch all" charge, generally, if they can't find a specific offense to charge you with, or if they are annoyed with you for some reason. It is also commonly issued in conjunction with other charges such as assault, DUI, domestic violence, endangerment, many other offenses. Because it is a charge that is subjective in nature, it can fundamentally be challenged by a good Criminal Defense Attorney who defends charges in Gilbert Arizona on a regular basis.

Some actions that may cause the police to charge you with disorderly conduct in Arizona can include but is not limited to the following:

• Speech that others consider offensive
• Loud Music
• Disruptive parties or celebrations
• Physical violence or assault
• Fighting or combat with another person
• Other "unreasonable noise disturbing others
• Shouting or using profanity in public
• Provoking an altercation
• Behavior interferes or disrupts a business or it's customers
• Refusal to depart from a scene or location, where you were asked to leave by an officials such as firefighters, police, or emergency crews
• Recklessly displaying or waving a firearm
• Disrespectful, or disobedient to a Police Officer, or other Law enforcement official.

The formal description of Disorderly Conduct is found in Arizona Criminal Code 13 A.R.S. 13-2904. Disorderly conduct; classification"

Disorderly Conduct charges can be charges as class 1 misdemeanor. Class 1 misdemeanors are the highest level of misdemeanor in the State of Arizona. They carry upwards of 6 months in prison and fines of $2,500. If the Gilbert Disorderly conduct charges involve firearm, they will be charges as a class 6 felony charges. If the disorderly conduct offense is charged as a felony, it carries maximum penalties that include one year in prison, a felony criminal record, counseling, loss of right to bear firearms, probation, and other fees. The severity of the penalty depends on the circumstances of situation, whether or not a weapon was involved, if it was a repeat offense, and other factors.

Gilbert Disorderly Conduct Defenses used by Criminal Defense Lawyers
An experienced Gilbert Disorderly Conduct Attorney with gather, and examine all evidence. They will build and mount the best defense case that will challenge the prosecutions case against you. The State and Prosecution bear the burden of proof that your charges were justified and a crimes was committed. Your Gilbert Criminal Defense Attorney will determine if your constitutional rights were violated, evaluate for probable cause, and the justifiability of your actions. Your Gilbert criminal defense attorney will a defense your case based on these factors.

Here are 15 defenses that can be used to beat Gilbert Disorderly Conduct charges. This list is not exhaustive:
1) Protecting someone
2) Wrong person charged for the disturbance
3) No witnesses, evidence, proof, no video, no recording, no other reports from the public regarding disorderly behavior on your part.
4) You felt provoked, threatened or intimidated
5) Your actions were necessary and appropriate for the circumstances
6) Police brutality
7) The police officer simply did not like you, or overreacted with no other charges
8) Your responses were constitutionally protected in the right to "free speech". You were not using so inappropriate language, provocation, voice tone, or threats of physical violence or retaliation.
9) The police accused you of having "an attitude". However, the officer, was not familiar with your typical attitude, or behavior under normal circumstances.
10) Self-defense (home, property, family or self)
11) Violation of Your Constitutional Rights.
12) Objective and credible witness statements contradict the police officers statements in absence of evidence.
13) The police officer's personnel record and disciplinary history and actions in similar circumstances.
14) Another entity started an unprovoked fight against you
15) Your actions were not committed "with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so..." as required by A.R.S.
13-2904. Disorderly conduct; classification"

It is important to contact a disorderly conduct attorney who practices in Gilbert Arizona, if you face such charges. An experienced disorderly conduct attorney or good Gilbert criminal attorney often can get these cases dismissed, given the subjective nature of the charges.

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

Continue reading "Gilbert Disorderly Conduct " »

15 Defenses

How to Beat Your Gilbert Disorderly Conduct Charges

If you face Gilbert Disorderly Conduct charges you should contact a Gilbert Disorderly Conduct attorney or Arizona Criminal Defense Attorney who frequently defends clients against Gilbert Disorderly Conduct Charges.

"Disorderly conduct" also known as "disturbing the peace" is a Gilbert Arizona criminal charge. Many Arizona Criminal Attorneys feel it is an abused or overused charge. Police often used as a "catch all" charge, generally, if they can't find a specific offense to charge you with, or if they are annoyed with you for some reason. It is also commonly issued in conjunction with other charges such as assault, DUI, domestic violence, endangerment, many other offenses. Because it is a charge that is subjective in nature, it can fundamentally be challenged by a good Criminal Defense Attorney who defends charges in Gilbert Arizona on a regular basis.

Some actions that may cause the police to charge you with disorderly conduct in Arizona can include but is not limited to the following:

• Speech that others consider offensive
• Loud Music
• Disruptive parties or celebrations
• Physical violence or assault
• Fighting or combat with another person
• Other "unreasonable noise disturbing others
• Shouting or using profanity in public
• Provoking an altercation
• Behavior interferes or disrupts a business or it's customers
• Refusal to depart from a scene or location, where you were asked to leave by an officials such as firefighters, police, or emergency crews
• Recklessly displaying or waving a firearm
• Disrespectful, or disobedient to a Police Officer, or other Law enforcement official.

The formal description of Disorderly Conduct is found in Arizona Criminal Code 13 A.R.S. 13-2904. Disorderly conduct; classification"

Disorderly Conduct charges can be charges as class 1 misdemeanor. Class 1 misdemeanors are the highest level of misdemeanor in the State of Arizona. They carry upwards of 6 months in prison and fines of $2,500. If the Gilbert Disorderly conduct charges involve firearm, they will be charges as a class 6 felony charges. If the disorderly conduct offense is charged as a felony, it carries maximum penalties that include one year in prison, a felony criminal record, counseling, loss of right to bear firearms, probation, and other fees. The severity of the penalty depends on the circumstances of situation, whether or not a weapon was involved, if it was a repeat offense, and other factors.

Gilbert Disorderly Conduct Defenses used by Criminal Defense Lawyers

An experienced Gilbert Disorderly Conduct Attorney with gather, and examine all evidence. They will build and mount the best defense case that will challenge the prosecutions case against you. The State and Prosecution bear the burden of proof that your charges were justified and a crimes was committed. Your Gilbert Criminal Defense Attorney will determine if your constitutional rights were violated, evaluate for probable cause, and the justifiability of your actions. Your Gilbert criminal defense attorney will a defense your case based on these factors.

Here are 15 defenses that can be used to beat Gilbert Disorderly Conduct charges.

This list is not exhaustive:
1) Protecting someone
2) Wrong person charged for the disturbance
3) No witnesses, evidence, proof, no video, no recording, no other reports from the public regarding disorderly behavior on your part.
4) You felt provoked, threatened or intimidated
5) Your actions were necessary and appropriate for the circumstances
6) Police brutality
7) The police officer simply did not like you, or overreacted with no other charges
8) Your responses were constitutionally protected in the right to "free speech". You were not using so inappropriate language, provocation, voice tone, or threats of physical violence or retaliation.
9) The police accused you of having "an attitude". However, the officer, was not familiar with your typical attitude, or behavior under normal circumstances.
10) Self-defense (home, property, family or self)
11) Violation of Your Constitutional Rights.
12) Objective and credible witness statements contradict the police officers statements in absence of evidence.
13) The police officer's personnel record and disciplinary history and actions in similar circumstances.
14) Another entity started an unprovoked fight against you
15) Your actions were not committed "with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so..." as required by A.R.S. 13-2904. Disorderly conduct; classification"

It is important to contact a disorderly conduct attorney who practices in Gilbert Arizona, if you face such charges. An experienced disorderly conduct attorney or good Gilbert criminal attorney often can get these cases dismissed, given the subjective nature of the charges.

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

Continue reading "Gilbert Disorderly Conduct " »

Arizona Domestic Violence Laws, Penalties and Defenses

"Never try to resolve the Domestic Violence charges your own... Any contact with the victim could result in additional charges. Contact a Gilbert , AZ Domestic Violence Attorney first."

Like many crimes, Gilbert, 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 offenses occur daily, in every neighborhood, to people all around you. It's just not something people want to discuss with others. It happens when and to those you least expect. If you are charged with a Gilbert, Arizona domestic violence offense, you should contact a Gilbert, criminal attorney as soon as possible. The mistake many people make, after receiving Gilbert, 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 a Gilbert, AZ Domestic Violence Attorney first. In addition, it makes no difference if the victim decides to drop the charges. Once you have been charged or arrested it is up to the State of Arizona to drop or dismiss the charges. It is out of the accuser's hands.

Gilbert, Arizona domestic violence laws fall under Arizona State Law A.R.S. Criminal Code 13. Domestic Violence law encompasses a long list of crimes outlined in A.R.S. 13-3601.

Some think of "domestic violence" as a destructive dispute between spouses only. But in reality domestic violence laws apply to many different types of domestic relationships and include acts of abuse, to 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. Any situation can bear its own unique set of circumstances or domestic relationship. Domestic Violence crimes include any physical abuse, sexual abuse, mental abuse, harassment, custodial interference, fear or threat of violence, assault, and homicide. Domestic violence charges are taken very seriously in Gilbert, Arizona. If convicted of Arizona Domestic Violence, the penalties are harsh.

CONSEQUENCES OF A DOMESTIC VIOLENCE CONVICTION
If you receive a conviction of domestic violence in Gilbert, Arizona, the state may revoke or limit child visitation rights, right to bear arms, and other privileges. Then they will impose penalties of jail, fees, fines, restitution, restraining orders, probation, counseling, a criminal record, and in some serious cases, long term or life prison sentences.
Domestic violence cases involving weapons or bodily injury to the victim are usually charged and prosecuted as Felonies. These convictions generally result in lengthy state prison sentences. If the domestic violence crimes are charged as a Gilbert, misdemeanor, it is still a crime. But the penalties should not exceed 6 months in county jail. A conviction still results in a criminal record, fines, fees restitution, counseling, probation, and restraining orders and other punishments. The main difference is in the amount of fines and fees, and the length of incarceration time in jail or prison. In Gilbert the domestic violence laws almost always require that the defendant complete a Domestic Violence Counseling Treatment program, such as anger management classes or anger control therapy with a psychologist. In many cases, the court prohibits the defendant from having any contact with the victim. Often this means the defendant can not return home, for a court ordered period of time.

Defenses that can be used in a Gilbert Domestic Violence Case
Some defenses that can be used include but are not limited to the following:
• The actions were the result of self-defense
• The altercation was mutual
• No evidence exists
• No evidence of physical injury or harm to the victim exists
• No witnesses
• Credibility of the victim's character
• The facts prove the claims are unjust and unfounded
• State of mind of both the accuser/victim
• The defendant was not the person who committed the crime
• The defendant reacting to a threat or imminent physical danger
• The incident arose completely out of accidental nature
• The defendant was severely intimidated or provoked by the accuser
• The accuser's motives in making unfounded claims were questionable
• Necessity Defense
• The defendant stepped in to avoid harm, or imminent danger to a child or other defenseless person by the victim at the time
• Accuser under the influence of alcohol or drugs, causing their recollection or testimony to be incorrect
• In absence physical evidence, injury, weapons, or witnesses: the accuser refuses to testify; changes their story in deposition or in court; or has no recollection of events.

WHAT A GILBERT , DOMESTIC VIOLENCE ATTORNEY CAN DO
You will need an experienced Gilbert, Arizona Domestic Violence attorney or Gilbert, 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. A Gilbert, Arizona Criminal Defense Attorney will be your voice. They will draw from their education, training, experience, litigation, case laws, Gilbert , 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.

Gilbert Assault Attorneys will Fight your Assault Charges

"There are two sides to every story. Let a Gilbert Assault Defense attorney protect your rights and educate the court on your side of the story."

In Gilbert, AZ there are two kinds of assault offenses. First, there is the "misdemeanor assault". The second is "felony aggravated assault". Each has varied penalties depending on the circumstances involved. They are both considered very serious crimes in the Gilbert Arizona. The Gilbert Assault laws, sentencing and punishments are dictated by the very strict assault laws of Arizona Criminal code A.R.S. 13-1203 - misdemeanor assault, and Arizona Criminal code A.R.S. 13-1204 felony aggravated assault.

If you were charged with a Gilbert assault, you will face harsh penalties if convicted. You should contact Gilbert criminal defense or Gilbert assault defense lawyer as soon as possible. A Free Consultation from a Gilbert Assault Lawyer is easy to find. You have nothing to loose by getting a free initial consultation, in the least. The following is short summary of the two assault types:

Gilbert, Arizona Misdemeanor Assault:
Misdemeanor Assaults are charged in Gilbert when a defendant's actions put caused someone fear of bodily harm; physical contact with another individual with the intent of causing bodily injury, or causing actual physical harm or injury to another; the intent to harm or provoke another person; intentionally placing another person in reasonable apprehension of imminent physical injury; intentionally, knowingly, or recklessly causing physical harm to someone. If convicted of a Gilbert AZ misdemeanor assault sentences and penalties can include up to one year in prison, fines up to $2,500, fees and restitution to the victim or the victim's family.

Gilbert, Arizona Felony- Aggravated Assault:
An Aggravated assault in Gilbert, AZ is a Felony. These charges are far more serious than misdemeanor assaults. If the situation presents an additional set of circumstances the misdemeanor assault will be elevated to a felony aggravated assault. Just some of those factors include but are not limited to the following: "serious physical injury" to another person, that creates a reasonable risk of death; use of a deadly weapon; if an assault is committed while the victim is restrained and not able to resist; if the assault causes substantial, temporary or permanent disfigurement; if the person commits the assault while violating a valid order of protection (restraining order); if the person attempts to gains control of a law enforcement officer's firearm or weapon; if the assault is against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor; if the person is eighteen years of age or older and the victim is fifteen years of age or younger. The penalties if convicted include among other serve punishment fees, and fines, restitution to the victim, lengthy prison sentences, long term felony criminal records that will following you adversely for the rest of your life.

Gilbert Assault and Aggravated Assault Defenses:

Your Gilbert criminal defense attorney will work together with you as a team, to build an effective defense. It is up to you to work with your attorney to provide information they request in your defense. It is the Attorney's job to gather, examine, build and mount a successful defense based on that material and drawing from their training, education, experience in defense and litigation. Below is a list of some of the defenses a good Gilbert Criminal Defense Attorney might consider, based on the circumstances of your case:
• Feared for your life or well being
• Your actions were in self defense
• Your actions were in response to what you perceived was a threat
• State of Mind of victim and defendant
• Necessity Defense
• Prosecution could not produce adequate evidence
• There were no witnesses besides you and the victim at the scene
• There was no weapon involved
• A third party was involved in the dispute
• The assailant was someone else
• The victim's credibility is in question. (victim's history of false accusations.)
• Your Constitutional Rights were violated during pre-charge investigation, charge, search, or arrest.
• You were provoked, threatened, or intimidation by the victim verbally, physically or in writing
• Accident outside your control
• Unforeseen, or unexpected situation

There are two sides to every story. Let a Gilbert Assault Lawyer protect your rights and educate the court on your side of the story. An experienced Assault Defense Lawyer understands your story is important, from your point of view. Your Gilbert Defense Attorney will gather and examine all evidence, build, and mount a strong defense against the prosecution based on your set of circumstances. The attorney's job is to find out what defenses can be used based on your unique set of circumstances. There job is to protect your rights, freedom, and future with the ultimate goal in every case is to get your case dismissed or in the alternative charges reduced, evidence suppressed, or the best outcome possible in your case. You will not get this help from the courts, prosecution, or anyone else. It is a very important decision to make. One that will affect the rest of your life. Choose wisely.

If you have been charged with any Gilbert 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 Gilbert Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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If you received criminal charges in Gilbert Arizona, you will need a good Gilbert Criminal Defense Attorney. Gilbert criminal offenses will be subject to sentencing provisions, and penalties of the State of Arizona Criminal Laws. Gilbert Criminal and DUI laws are some of the toughest in the country, and penalties are severe. Gilbert Crimes are subject to local municipality guidelines and subject to Criminal Offenses, Definitions, Sentencing, Fees, Fines, Imprisonment Penalties, and other penalties are outlined in and subject to in A.R.S. Title 13 - Criminal Code.

Any Gilbert crime is a serious enough crime for you to at least consult a Gilbert Arizona Criminal Defense Lawyer. A good Gilbert criminal attorney will provide you with guidance and information as the seriousness of the crime and its consequences. If a private Criminal Defense Attorney in Gilbert Arizona is hired, they can make the difference between getting the maximum penalties under the law or a dismissal of the charges completely. It is not a good idea to attempt to defend your self under any circumstances without first contacting a top Gilbert Arizona Criminal Attorney.

You will easily be able to find a Gilbert Criminal Defense Attorney who provides Free Criminal Defense Consultations. Most Criminal Defense Lawyers provide free initial consultations. You have nothing to lose by contacting a private criminal defense attorney, but everything to lose if you don't. Make sure you hire a Gilbert Arizona criminal lawyer who practices is the Gilbert Courts frequently, is familiar with the laws, and defenses that can be used in your favor. A top Gilbert criminal defense attorney will make sure your constitutional rights have not been violated; will fight for your freedom and future; and make every effort to get your charges dismissed, or reduce; and in the least the best possible outcome in your case.

If you have been charged with any Gilbert 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 Gilbert Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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