Phoenix DUI Lawyer Blog

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).

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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).

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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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