Phoenix DUI Lawyer Blog

Quick reference for obtaining a Phoenix Police Report for DUI or Criminal Charges

1. How to request a Phoenix Police Report for Criminal or DUI charges:
You may obtain a copy of you DUI or Criminal incident police report by contacting the Phoenix Police Public Records Detail.

2. Location of the Public Records Detail of the Phoenix Police Department
The Public Records Detail area is located at the following address:

3. Telephone contact for Phoenix Police Dept. Records Section
The Phoenix Public Records Unit Telephone Number: (602) 534-1127 or (602) 262-7176.

4. Hours of Operation of the Phoenix Police Department Records Department
Hours of operation are 8:00 am to 4:00 PM. Days opened are Monday through Friday; and is closed for observed holidays.

5. Length of time get you copy of a Phoenix Police Report for DUI or criminal charges
Generally Police Reports can be ready for release by request anywhere from 10 days to two weeks. However, depending on the incident, it could be more or less. You should contact the Public Records Detail Unit for questions including fees for obtaining the police reports.

6. Phoenix Police Reports on police investigations still pending
Generally a police report cannot be released pending an investigation. If you have requested a report prior to the completion of the report, the public records department would usually release the report once it is closed.

7. Although you may do so, it is generally not necessary for you to obtain a copy of the police report if you have retained a Phoenix DUI lawyer or Phoenix criminal attorney to defend you.
One of the first things your criminal defense or DUI lawyer will do once retained is request a copy of the police report. In many cases, your attorney will obtain a copy of the report and all information pertaining to it from the Prosecution. Your attorney will usually take care of any costs associated with obtaining the reports as part of your legal representation fees. Phoenix criminal defense lawyer practices may vary. You should contact your attorney for instructions.

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When arrested for a crime in Phoenix AZ, know your criminal rights

"If your rights have been violated, this can lead to dismissal of evidence or criminal charges in Phoenix AZ. Challenging such violations in your defense are the most successful when argued by an experienced criminal defense or DUI attorney."

Experienced criminal defense and DUI lawyers who defend criminal charges in Phoenix are very familiar with the laws, and how to use them to defend you. It's a good idea to know your criminal rights before you get charged or arrested in Phoenix AZ. Often there is a misconception that laws and procedures are in place only to use against you in order to arrest, or convict you. But laws also exist to protect you, even if you are accused of committing a crime.

Generally, there are three types of criminal rights including: 1) Federal Rights afforded by The United States Constitution (Constitutional Rights); 2) Arizona Constitution and State Laws; 3) Procedural rights related to the formal charges in the Arizona criminal court process.

Below are some of your most common and basic criminal rights to invoke or that may apply if you are to arrested or face Phoenix criminal or DUI charges (this list is not all inclusive):
• The Right to "an attorney", criminal or DUI defense, without unjust delays (must be invoked );
• The Right to "remain silent" (must be invoked);
• The Right to "due process" in the criminal justice system to defend yourself from the charges against you;
• The Right to avoid self-incrimination;
• The Right to plead "not guilty";
• The Right to use justifiable defenses to challenge the charges against you;
• The Right to obtain and present evidence in your defense;
• The Right to challenge the credibility or accuracy of evidence the prosecution intends to use against you;
• The Right to a fair and speedy jury trial (in situations where a jury trial is eligible);
• The Right to freedom from unwarranted "search and seizure" of your property, vehicle, home or yourself, (in absence of a valid search warrant, or "plain sight" exclusion.)
• The Right not to be treated with "cruel and unusual" punishment.
• The Right not to be charged or arrested or tried twice for the same crime in criminal court of law, also known as "Double Jeopardy" prohibition;

If you have active Phoenix AZ criminal or DUI charges, and you feel your rights have been violated, you should contact an experienced criminal or DUI lawyer who defends Phoenix charges as soon as possible. Violations of constitutional rights can lead to dismissals of evidence or your Phoenix criminal or DUI charges. Do to the complexities of the criminal justice system, and criminal court process, your chances of getting a good outcome for challenging constitutional right violations are the most successful if argued by an experienced Phoenix criminal or DUI attorney.

Continue reading "Phoenix Criminal Lawyers | List of Criminal Rights | Criminal Defense" »

Arrest Warrants - Facts You Should Know about Outstanding Arrest Warrants in Phoenix AZ

"How Good Phoenix Criminal Defense Lawyers Quash Phoenix Arrest Warrants"
Find out if you have an outstanding arrest warrant

There are a variety of ways to find out if you have an outstanding warrant for your arrest. However, the safest, most reliable way is to contact a Phoenix criminal defense lawyer or Phoenix DUI lawyer to find out. Simply let them know that you suspect there may be one and why. A criminal defense Attorney who defends charges in Phoenix will conduct a search through their accessible legal resources, then advise you of the most accurate and current information available.

Types of Arrest Warrants used in Phoenix AZ
In general there are two types of "arrest warrants":
• Police Arrest Warrants: These are arrest warrants issued by Police or Law Enforcement Agencies in order to detain or arrest someone. An arrest warrant is issued when a crime is committed and there is a reasonable belief, substantiated by enough evidence to suspect that someone committed or was involved in a crime.
• Bench Arrest Warrants: These are warrants issued by the Phoenix Court Judge. A bench warrant is issued against a defendant if they failed to appear for a scheduled court appearance for their criminal or DUI matter. There are a multitude of reasons why a person may have failed to appear in court as previously scheduled. Some better than others. But in any event it is best to retain a criminal defense attorney who will tell your side of the story, present a compelling argument on your behalf, for the matter. They will usually be able to defend you for the initial charges as well.

Defense Options for Facing Arrest Warrants in Phoenix AZ
Do not ignore an arrest warrant. It is a very serious matter. They don't just go away by themselves. Some people are arrested decades later upon being stopped for a minor traffic violation or other matter. Sooner or later you will be picked up and arrested. In Arizona there are no expiration dates on an outstanding arrest warrant. If you have a warrant it will remain outstanding until either the bond is posted or the judge decides to "quash" or cancel it. The judge may require a bond be posted before canceling the warrant. So it is best to be make arrangements in advance to post a bond for your court appearance.

1) The first option you have is to pay the bond amount set by the judge. Once you pay the bond amount, the warrant will be quashed and you will be given a new court date if the warrant is for failure to appear. You must appear on the new scheduled court date if you have not hired a Phoenix Criminal Defense Lawyer who may be able to make other more favorable arrangements on your behalf. If you miss your court date again, or cause further delays, the more harshly you will be treated by the court and the more severe your penalties will be.

2) The second option is to appear before the judge during the Walk-in Docket. Phoenix Court usually provides a daily time for defendants who need to make unscheduled court appearances. Unscheduled appearances are heard only at specified times available by the Phoenix AZ Court. In the least you should consult a Phoenix AZ criminal attorney to discuss your matter and how to proceed given your defense options.

3) The third option is the best way for you to deal with an arrest warrant: Retain a private practice Phoenix criminal attorney or Phoenix DUI lawyer. As soon as you find out, one exists early retention is the key to a successful defense. This is the time frame where you most likely will have the most defense options. Your Phoenix criminal lawyer will confirm the facts, and if retained, can file a Motion to quash your warrant. At that point they can also begin tailoring a solid defense strategy for your Phoenix Criminal or Phoenix DUI charges.

Continue reading "Phoenix DUI Lawyer | Arrest Warrants Phoenix AZ | Criminal Defense " »

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

A good Phoenix criminal lawyer can challenge the evidence of your felony charges. You have a constitutional right retain a criminal defense lawyer who defends felony charges in the Phoenix Arizona criminal justice system and courts. Choosing a criminal attorney to defend your felony charges in Phoenix AZ may be one of the most important decisions you will make in your life. Select one that you feel will protect your rights, fight to get the charges dismissed, reduced, or the otherwise best possible outcome in your case. Here are the reasons why:

Felony Charges Phoenix 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 Phoenix Criminal Attorney. Phoenix AZ felony convictions usually carry steep prison sentences. Some involve long term or life time in prison; exorbitant fines and fees; 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 Phoenix
Arizona categorizes crimes into six classifications, with Class 1 being the most severe of crimes which carry the most severe sentences. If convicted, most AZ felony prison 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.

Phoenix Felony Laws
Felony Laws in Phoenix Arizona are strict, and penalties harsh. Definitions, Classifications, Sentencing guidelines, and Penalties are comprehensive. The 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 | Phoenix Criminal Defense
If you have been arrested or charged with a felony in Phoenix AZ you will need to retain the legal representation of an experienced criminal defense attorney in Arizona or AZ felony attorney. Your future depends on it. Phoenix felony charges are not the type of charges you want to go at alone. Without proper legal representation, you pave the way for a swift and harsh conviction and sentence.

An attorney may graduate from the highest ranking law schools in the country, and that is admirable. But there are some things no Phoenix criminal attorney can learn in school: 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 an Arizona Attorney who defends cases in Phoenix who has a vast amount of litigation experience, knowledge, skill, confident, proactive, and one who has the ability to build solid defense on your behalf. Choosing your AZ criminal attorney may be one of the most important decisions you will make relating to your felony charges in Arizona, 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.

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Phoenix Criminal Defense Weapon Charges

"The defense of a Arizona good criminal attorney who defends weapons charges frequently in Phoenix Criminal Justice System will greatly increase your chances of a getting a good outcome in your case."

Weapon Charges in Phoenix AZ
Weapons charges are typically paired with other criminal charges in Arizona you received at the same time. Weapon charges can be very serious. If you were arrested or face weapon charges of any kind in Arizona, you should consult an experienced AZ Criminal Defense attorney to discuss you charges, potential penalties, and defense options. An AZ conviction for a felony weapon charges carry serous consequences, including a jail or prison sentences. Some of the more serious crimes involving weapons for which sentencing will be more severe include but are not limited to the following:

• Unlawful Discharge of a Firearm
• Endangerment
• Aggravated Assault
• Using a Weapon in a Threatening Manner
• Felon in Possession of a Firearm
• Assault with a Deadly Weapon
• Armed Robbery or Burglary
• Possession during commission of other crimes not listed above

Some stand alone Phoenix crimes involving weapons, including guns and firearms include but are not limited to the following and usually classified as Misconduct Charges:
• Prohibited possessor
• Prohibited firearms
• Illegal in possession
• Altered serial number

Arizona Weapons Defined (not all inclusive)
Dangerous or deadly weapon: Any weapon designed for lethal use, including firearms. Common items such as knives and guns fall under the Arizona definitions. And depending on the circumstances, the law also includes items such as baseball bats or vehicles.

Prohibited weapons: These are weapons that are completely illegal in the state of Arizona which include but are not limited to: short barrel shot guns, grenades, rockets, bombs, poison gas, and nun-chucks.
Firearms: These are defined as any loaded or unloaded gun, pistol, rifle, shotgun, or any other device designed to expel a projectile.
Explosives: dynamite, nitroglycerine, black powder, or plastic explosives.
(Definitions paraphrased from A.R.S. www.azleg.state.az.us)

Arizona Weapon Laws
There are many different types of weapon charges, and situations for which weapon charges may apply. Weapon charges in Arizona are specifically are comprehensive and specifically defined and classified under the State weapons laws. Whether you were arrested for Weapon Charges in Phoenix AZ, Mesa AZ, Tempe AZ, Chandler AZ, Scottsdale AZ, Gilbert AZ, Maricopa County AZ or any other county or city in Arizona you will be subject to the rules of authority of Arizona State Law and criminal codes cited below:

"A.R.S. Chapter 31 WEAPONS AND EXPLOSIVES
13-3101 through 13-3120"
(Citations from www.azleg.state.az.us)

Weapon Charges Defense Attorneys in Phoenix Arizona
Weapon Charges are not the type of charges you want to challenge on your own through the Arizona criminal justice system or the maze of procedures and protocols of the Arizona courts. Due to their potentially serious nature, you should contact a Phoenix AZ criminal defense, weapon's charge defense attorney or attorney who defends weapon charges often in Phoenix criminal justice system and Phoenix courts, as soon as possible if you have been charged or arrested for any weapon charge. A good Phoenix criminal attorney in Arizona will gather and examine all the facts surrounding your case, make sure your constitutional rights have not been violated, tell your side of the story through proper legal channels, present compelling arguments in negotiations, hearings, trials, and through motions to protect you against the works outcome and harshest penalties. An experienced Phoenix AZ weapon charges attorney will do everything possible to suppress any evidence against you, attempt to get your charges reduced or to achieve the best outcome of getting your charges dismissed. Every weapons charge case is different and the defenses that will be used and outcomes may differ.

The defense of a Arizona good criminal attorney who defends weapons charges frequently in Phoenix Criminal Justice System will greatly increase your chances of a getting a good outcome in your case.

If you have been charged with any Arizona DUI, Aggravated DUI, Extreme DUI, Second DUI, Third or more DUI charges, DUI Under age 21, Drug DUI, Minor Consumption DUI, DUI with child under 15 in vehicle, Felony DUI, Any Drug Charges, Drug possession charges, Drug sales, Drug Distribution, Drug Trafficking, Drug smuggling, Drug Importation, Drug Transportation, Drug Cultivation, Drug Manufacturing, Misdemeanor Drug charges, Felony Drug charges, Dangerous Drugs, Narcotics, Marijuana, or any other criminal charge including theft, assaults, aggravated assault, domestic assault, sexual assault, police assault, domestic violence, probation violations, robbery, theft, burglary, vehicular assault, weapon charges, disorderly conduct with a weapon, endangerment with a weapon, other firearm and gun charges, 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).

For more Arizona criminal defense and DUI defense help, free DUI defense books, and free DUI and criminal defense videos visit: http://www.arizonacriminaldefenselawyer.com

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

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

If you are facing Phoenix criminal charges, you will need a Phoenix Criminal Lawyer to defend you. This is the case even if you reside out of state, and were driving through or a visitor to Phoenix at the time of your arrest or citation. If you reside in another state and you can hire an Attorney in your home state, if they are licensed to practice criminal defense in Phoenix. Even if that is the case, make sure they keep up on the ever changing Phoenix criminal and DUI laws, statutes and case law. 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, who defends clients daily or frequently in the Phoenix Court System.

Some people mistakenly think any lawyer can defend their criminal charges. Perhaps they have a friend or relative or an attorney they used for a personal injury matter they wish to handle their case. Decades ago, that may have been the case, but that is no longer true. Phoenix Criminal and DUI statutory laws fall under the strict Arizona Criminal codes. They are constantly changing and more criminal cases that have gone to trial and appeals have set case law authority and precedent. It is quite a challenge for a Phoenix Attorney who practices exclusively in Arizona criminal or DUI law to keep up. The court system and procedures are complicated and the courts dockets are overloaded. You don't want a lawyer who is just going through the motions, and taking whatever the Phoenix prosecution throws at you. You don't need anyone to help you get a conviction. Phoenix Arizona prosecution will already be doing that.

You need a strong ally. The criminal and DUI laws are tough in Phoenix, some of the toughest in the country. You need a proven Phoenix criminal defense Attorney or DUI Lawyer who frequently defends cases in Phoenix Arizona. You want an Attorney who will challenge the prosecutions case against you, and use every defense in their arsenal to try and get your case dismissed. You need a Phoenix 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 your state or federal constitutional rights may lead to grounds for dismissal of your Phoenix criminal 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 Phoenix, you need to hire a\ Phoenix Criminal Attorney. Your future is too important to gamble with.

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).

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Fight Your Phoenix Marijuana (Pot) charges

If you have been charged with any type of Phoenix Marijuana (Pot) sales charges, you should consult a Marijuana lawyer or criminal defense attorney who defends Marijuana drug charges on a regular basis. If convicted, you will be subject to serious punishment. Arizona is convicted to prosecuting drug sales of all kinds, including Marijuana.

Phoenix Marijuana sales charges fall within the following Arizona sentencing guidelines for Marijuana sales, Marijuana trafficking and 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

A good Phoenix Marijuana Criminal Attorney can fight to get you fair treatment in court and work to minimize the impact these charges can have on your life. 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 Phoenix Marijuana drug offense convictions depend on many factors which include:

• The quantity of Marijuana found for sale or intent to sell
• Prior criminal record
• Prior Marijuana convictions
• Strength of facts and evidence of Arizona drug offense

The most serious Marijuana crimes in Phoenix are considered that of producing, manufacturing, or selling in Arizona. Possession of drugs with the intent to distribute them is also a serious crime. The Arizona prosecution will try to establish that you intended to distribute by the quantity of the drug you possessed. This is true whether or not you did or did not actually distribute the Marijuana. A Phoenix, Arizona, conviction of such Marijuana sales, production, or distribution, have the potential to result in mandatory long term jail or prison sentences depending on the factors above and other circumstances surrounding your charges. Phoenix felony drug possession, trafficking, or sales carry the most serious penalties, steepest fines, incarceration, probation, community service, counseling and other court orders if convicted.

What an Experienced Phoenix Marijuana Defense Lawyer will do
It is important that you contact an Arizona Drug Defense Attorney or Marijuana lawyer who is defends these types of charges on a regular basis. A good Phoenix Criminal Attorney will gather all the evidence, and investigate further to build a strong defense needed to challenge the Arizona prosecution's case against you. Your private Phoenix criminal defense attorney will make sure your constitutional rights have not been violated. This occurs frequently in drug cases when searches and seizures of the Marijuana by police were involved. A criminal defense attorney will make sure you are treated fairly, and do everything possible to get your charges dismissed, reduced to lesser charges, or in the alternative get the best outcome in your case. With a Phoenix criminal attorney your chances of getting the best outcome in your case will significantly increase.

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

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15 Defenses That Can be Used to Beat Your Disorderly Conduct Charges

It is important to contact a Phoenix Disorderly Conduct defense attorney if you face Phoenix Disorderly Conduct, or an Arizona Criminal Attorney who frequently defends
Phoenix Disorderly Conduct Charges.

"Disorderly conduct" is also known as "disturbing the peace" and is a very common Phoenix Arizona criminal charge in Phoenix. Police sometimes overuse it. Often it is used as a "catch all" charge. Generally, it is used if the police officer can not find a more appropriate charge for what they feel has been annoying or disruptive behavior. It is a very subjective charge so it can be fundamentally challenged by a good Criminal Defense Attorney who practices in Phoenix, Arizona.

Many different circumstances can warrant the police to issue disorderly conduct charges for what Arizona sees as a crime committed under the following circumstances (this list is not exhaustive):
• Engaging in physical violence
• Offensive speech to other person (s)
• Playing music too loud a party
• Disruptive or loud celebrations
• Engaging in a fight or combative activity with another
• Making any other type of "unreasonable" noise which disturbs others
• Making disturbance by shouting or use of profanity in public
• Provoking another person into an altercation
• Behavior that disrupts or interferes with a business or it's customers
• Refusal to depart from a scene or location, where you were asked to leave by civil authorities such firefighters or other emergency crews.
• Recklessly displaying or waving a firearm, which frightens others.
• Being disrespectful, or disobedient to a Police Officer, or other law enforcement.

The formal description of Disorderly Conduct is found in "Arizona Criminal Code "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 a potential of up to 6 months in prison and fines of $2,500. If the Phoenix Disorderly conduct charges involve firearm, they will be charges as a class 6 felony charges. Felony disorderly conduct carry maximum sentencing penalties that include, one year in prison, and 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.

What a Phoenix Disorderly Conduct Attorney can do for You.
A good Phoenix Disorderly Conduct Attorney with gather, and examine all evidence. They will build and mount the best defense case that will challenge the prosecution head on. The police and prosecution have the burden of proving that the charges were well founded and justified. Your Phoenix Criminal Defense Attorney will make sure your constitutional rights were not violated during the events, arrest and thereafter. They will evaluate probable cause, justifiability of your actions, and formulate a defense based on these factors. Here are 15 defenses that can be used to beat your Phoenix Disorderly Conduct charges. This list is not exhaustive:

1) You were protecting a loved one
2) You were not the one causing the disturbance
3) There were no other witnesses, no evidence, no proof, no reports by the public of disturbing behavior on your part
4) The police officer's behavior was provocative, threatening, or intimidating
5) The police were mistreating you or a loved one and you acted appropriately and not disrespectful according to witnesses, video, or voice recording
6) Police brutality against you
7) The police officer simply did not like you, or the way you responded, and had nothing else to charge you with
8) Your responses were constitutionally protected in the right to "free speech". You were not using so called "fighting words" that would provoke physical retaliation, nor was your tone inappropriate.
9) The police accused you of having "an attitude" against him. However, the police will be forced to testify that he or she is not familiar with your normal personality characteristics and your typical facial expressions, sound of your voice, or attitude in a perfectly normal situation.
10) Your actions were in self-defense
11) Your Constitutional Rights were violated.
12) Objective and credible witness statements contradict what the police accused you of saying or doing, and there is not other evidence to dispute the witness statements.
13) The police officer has a history of disciplinary actions due to abusive or bullying behavior. In contrast, you have no criminal records, no history of being in trouble, or being disrespectful in public, and no cause or evidence exists of such.
14) You were reported as being in a physical fight with another person, but witnesses testify that the other party started a fight, that you did not provoke in any way. Further, you had no alternative but to protect yourself, and subdue the offensive.
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"

If you face disorderly conduct charges in Phoenix Arizona, it is best that you contact an experienced Phoenix criminal attorney or Phoenix Disorderly Conduct Attorney. Too much is on the line. An experienced disorderly conduct attorney or good Phoenix criminal attorney often can get these cases completely dismissed, given the subjective nature of disorderly conduct charges.

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

Continue reading "Phoenix Disorderly Conduct " »

Phoenix Marijuana Possession

In order to fight your Marijuana possession charges, you should contact a Marijuana Lawyer who defends Phoenix Marijuana charges or frequently defends drug charges in Phoenix. Arizona Marijuana Possession crimes are the most common of all Arizona drug offenses.

The Penalties for Possession of Marijuana in Arizona depending mostly on how much of the substance is found in your possession by law enforcement officials and your intended purpose of having it.

Penalties for simple Possession of Marijuana in Phoenix:
• Under 2 lb is charged as a Class 6 felony;
• 2-4 lbs is charged as a Class 5 felony;
• 4 lbs. and over is charged as a Class 4 felony; fine of not less than $750 or 3 times the value of the controlled substance, whichever is greater.

Marijuana offense charges, and penalties are outlined under Arizona Statutes Criminal Code 13 - Specifically, A.R.S. "13-3405. Possession, use, production, sale or transportation of marijuana; classification..."

If your charges were for possession only without the intention of selling, you may be eligible for deferred prosecution sentencing. This means you may be eligible for a second chance, so to speak, by the court. It involves a probationary time frame. If the probationary term and any other orders deemed by the court are fulfilled successfully, your charges may be dismissed. But if the probationary period and related orders are violated, you could be subject to the original potential sentencing for the offense. An experienced Marijuana Lawyer will do everything possible to obtain the deferred prosecution and dismissal of the charges.

Even if you do not qualify for deferred prosecution, your Arizona criminal attorney can still make every effort to get your case dismissed, secure lesser charges, or in the least a significantly better outcome in your case, than would have been possible without one.

A good Marijuana Lawyer in Arizona will gather and examine all evidence available. They will build a strong defense on your behalf, based on the circumstances of your case. They will make sure your constitutional rights have not been violated in anyway from the pre-charge or pre-arrest stage to the present. A good Marijuana Lawyer will find the defenses that best suit your situation to challenge the prosecution's case against you.

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

Continue reading "PHOENIX MARIJUANA LAWYER" »

Phoenix Arizona Criminal Defenses, Laws and Penalties

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

Like many crimes, Phoenix 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 Phoenix 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 Phoenix Arizona domestic violence charges, you should contact a Phoenix criminal attorney as soon as possible. The mistake many people make, after receiving Phoenix 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 Phoenix AZ Domestic Violence Attorney first.

A victim is prohibited from simply "dropping the charges" after the fact. Once charges have been cited or an arrest made, the State of Arizona takes over. Only the State's Prosecution or Court can drop, dismiss or acquit the charges. After you have been arrested, you are forced to fight it through the justice system. Anything else you say or do to the victim or police can be held against you or make matters worse. Especially in situations where police have been called to a scene or residence on more than one occasion, they feel they need to arrest "someone". If they can not decide which party to charge or arrest, they will sometimes just arrest both parties involved in a dispute, thus forcing both parties to defend their actions through the legal system.

Phoenix Arizona domestic violence laws fall under Arizona State Law A.R.S. Criminal Code 13. Domestic Violence law encompasses a long list of crimes. Arizona Law 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..."

Some think of "domestic violence" as a disruptive dispute between spouses only. But in reality domestic violence laws apply to and domestic relationship abuse, and can include 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.

Phoenix Arizona treats domestic violence charges very seriously. What may have started out as something minor in nature, may have become serious than you realized, and someone was hurt. If convicted of Arizona Domestic Violence, the penalties are harsh. If you have been accused of a Phoenix Arizona domestic violence crime it is important that you consult a Criminal Attorney experienced in defending domestic violence charges.

CONSEQUENCES OF A DOMESTIC VIOLENCE CONVICTION
If your receive a conviction of domestic violence in Phoenix 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, 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 considered felonies by law. These convictions usually result in lengthy state prison sentences. If the domestic violence crimes are charged as a Phoenix 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. Usually the main difference is the amount of fines and fees and the length of incarceration time. In Phoenix 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 prohibits the defendant from having any contact with the victim or returning to the location where the alleged offense occurred; in most cases that is where you normally live. So on top of everything else, you won't be able to return home; not without a police escort, or at all, for certain on indefinite amount of time.

Defenses that can be used in a Chandler 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 PHOENIX DOMESTIC VIOLENCE ATTORNEY CAN DO
You will need an experienced Phoenix Arizona Domestic Violence attorney or Phoenix 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 Phoenix Arizona Criminal Defense Attorney will be your voice, They will draw from their education, training, experience, litigation, case laws, Phoenix 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 Phoenix Arizona domestic violence attorney.

Phoenix Criminal Attorneys Know the Legal System and Know How to Use it in Your Favor
If you have been charged with a crime in Phoenix Arizona, it is important that you consult a Phoenix Criminal Attorney as soon as possible. During just the first three months of 2010 nearly 19,000 criminal offenses were reported in Phoenix, Arizona alone. Many of those criminal charges were successfully dismissed as unfounded; charges reduced; or other favorable outcome for those charged. They were defendants who hired good private Phoenix Arizona Criminal Defense Lawyers. Those crimes included but were not limited to the following: Forgery & Counterfeit, Embezzlement, Stolen Property, Vandalism Weapons, Sex Offenses, Narcotic Drugs such as Opium Marijuana Synthetics, domestic violence, DUI, and disorderly conduct, an d assaults, and other violent crimes. These are all serious crimes in the eyes of the city of Phoenix and subject to the laws and harsh penalties of the State of Arizona Title 13 - Criminal Code.

If you face any Phoenix criminal charge, you may be subject to incarceration in jail or prison, financial restitution, fines, fees, probation, counseling, community services, and any other sentencing the Arizona Court deems necessary. It is crucial that you hire an experienced Phoenix Criminal Defense Attorney who routinely defends clients facing Phoenix Arizona Criminal charges and arrests. Basically, Phoenix Arizona Crimes fall within two categories: Felonies or Misdemeanors. The Phoenix Arizona criminal sentencing and Penalties depend upon which of the two classifications the crime falls. A Phoenix felony charge and conviction is a very serious matter that can result in a substantial prison sentences, potential loss of certain privileges and rights, and hefty fines and fees. Phoenix Arizona misdemeanor offenses are still considered Arizona criminal charges and still punishable by a fine, probation, counseling, and jail. A Phoenix criminal misdemeanor conviction will still result with you having an Arizona criminal record.

Many of those who commit crimes in Phoenix, Arizona do not consider them selves typical "criminals". Many are just people, family members, loved ones, neighbors, co-workers, or friends, who made mistakes, errors in judgment, arrests or charges made unfounded, or may not have even realized they were committing a crime at all. Does this make them criminals? Should their lives and families be severely interrupted, or ruined? Should they get the max? A good Phoenix criminal defense Attorney's job is to make sure they get a second chance, a fair legal process, and protection of their constitutional rights. A private experienced Phoenix criminal Attorney's services will be needed to fight the charges. They will immediately beginning gathering the evidence, examining it, build and mount a strong defense against the Arizona prosecution to attempt to get the charges dismissed, reduced or the best outcome possible. The chances of getting a good or great outcome on a Phoenix Criminal Charges are slim to none without the services of a Phoenix Criminal Defense Lawyer. You may have made an error in judgment or not all in the actions that caused Phoenix charge or arrest. But you can take back control of your life and the Phoenix Criminal Charges by hiring an experienced Phoenix Criminal Defense Attorney to fight and protect your constitutional rights.

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, internet crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

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