Phoenix DUI Lawyer Blog

"If your rights were violated by Scottsdale Police, it can often lead to a dismissal of your criminal or DUI charges in Scottsdale. The key to increasing your chances of winning based on this defense strategy, it is best that compelling arguments be presented by your experienced criminal or DUI attorney who defends charges in Scottsdale.

It is a good idea to become familiar with your criminal rights, before you are arrested or charged with a DUI or crime in Scottsdale AZ. Generally they can be categorized as three different types of criminal rights:

1) Rights afforded by United States Constitution, which are fundamental rights called Constitutional Rights";
2) State of Arizona and Arizona Law;
3) Procedural rights related to the formal charges filed against you, and Arizona criminal court and criminal justice 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 Scottsdale criminal or DUI charges:

• Your right to "an attorney", criminal or DUI defense, without unjust delays. You must verbalize you wish to invoke this right;
• Your right to "remain silent; you must verbalize this right for it to be invoked;
• Your right to "due process" in order to challenge your Scottsdale Criminal or DUI charges and have an attorney defend you;
• The right to refrain from self-incrimination. You must invoke this right;
• Your right to plead "not guilty";
• Your right to raise justifiable defenses to challenge the charges;
• Your right to obtain and present evidence that will strengthen your defense;
• Your right to challenge the accuracy or credibility of evidence against you;
• Your right for a fair and speedy jury trial (when a jury trial is allowed )
• Your right to freedom from unjust or unwarranted "search and seizure" of your property, vehicle, home or yourself, in absence of a valid search warrant, or "plain sight" exclusion.
• Your right not to be subjected to "cruel and unusual" punishment. Although there is no clear or consistent definition of cruel and unusual punishment, it is generally found that is applies if the punishment violates basic human rights, or dignity.
• "Double Jeopardy" - This relates to the prohibition of the prosecution from bringing the same charges against you twice. It also prohibits the court from the Court invoking more than one punishment for a single crime or violation of the law. Much controversy surrounds this issue. If you have a specific matter, you should refer consult a criminal defense attorney.

If you were arrested or face active Scottsdale criminal or DUI charges, and you feel your rights have been violated, you should contact an experienced criminal or DUI lawyer who defends Scottsdale charges. Do to the complexities of the criminal justice system and the nature of the arguments your chances of getting a good outcome due to these violations are the most successful if argued by a qualified Scottsdale criminal defense or DUI attorney.

Continue reading "Criminal Lawyers in Scottsdale | Criminal Defense | Criminal Rights" »

CRIMINAL ATTORNEY SCOTTSDALE

You have protected rights under both Federal and Arizona State Constitutions. Be cautious and do not unknowingly or otherwise waive any of your rights, without the presence and guidance of an experienced Scottsdale criminal defense attorney or Scottsdale DUI Lawyer.

If you have active criminal charges or were arrested for a Scottsdale DUI or criminal charges, you need to retain an attorney who has a vast amount of experience and knowledge of Arizona laws, your constitutional rights, Scottsdale criminal justice system, procedures and required protocol. Most importantly, your Scottsdale criminal attorney or Scottsdale 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 - First, 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 Scottsdale 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 Scottsdale 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.

Arizona 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 Scottsdale criminal attorney or Scottsdale 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 Scottsdale 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) In the event of trial, the right to cross-examine or confront a witness 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 AZ
One of your most important rights is your right to retain a Scottsdale criminal defense or DUI defense lawyer. Your future will depend upon this decision. The best Scottsdale criminal attorney and Scottsdale DUI lawyers will advise you not to waive this right, particularly depending on the charges. Scottsdale DUI and Criminal laws, and penalties are strict and harsh. It is common knowledge that they are some of the most severe in the United States. It is unwise to go through the Scottsdale Arizona criminal justice system and through the Arizona Court processes without good legal representation by a Scottsdale criminal defense or DUI lawyer in Arizona who defends cases frequently in Scottsdale. If you go unrepresented it makes the prosecution's job easier and is a fast track to a conviction. The Scottsdale criminal justice system is a vast maze of procedures, time-lines and protocol. Without a qualified attorney you 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. An experienced Arizona criminal Attorney or DUI lawyer 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 Arizona criminal charges or AZ DUI will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.

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

Scottsdale Marijuana DUI Defense

"The Medical Marijuana Prop 203 passing, will not affect Scottsdale Arizona's Drug DUI laws... But top drug DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies".

Scottsdale DUI with Marijuana Charges
The passing of Medical Marijuana Prop 203 law, will not affect Scottsdale Arizona's Drug DUI laws. Even if you are a qualified card holder to use Medical Marijuana (pot, weed, grass, cannabis) you will not get immunity against the strict Scottsdale DUI laws. If you are stopped by the Scottsdale police and determined to be driving "impaired to the slightest degree" with Marijuana in your system, you may be arrested or charged with an Arizona Marijuana DUI or Drug DUI. If so, you should consult an Arizona drug defense, criminal defense, or DUI lawyer as soon as possible to discuss your Arizona Marijuana DUI or Drug DUI charges and defense options.

Scottsdale Marijuana DUI Laws
Scottsdale Marijuana DUI laws fall under the authority of the State Laws of Arizona. Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict.

Even if you are a certified Medical Marijuana card holder in Scottsdale AZ for use of medical Marijuana, or you have taken any other drug legally prescribed by a licensed physician, or an over-the-counter drug at your local drug store while driving and found to be "impaired to the slightest degree", A.R.S. 28-1381 3.B. will apply. Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
"A.R.S. 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...
B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."

Scottsdale Drug DUI with Marijuana Testing | DUI Marijuana evidence
The most common way Arizona police test for DUI with Marijuana is through blood testing and urine testing. Both are controversial with regard to the test results and may be argued by your marijuana DUI defense lawyer as to whether or not they are admissible or should be suppressed as improper evidence depending on many circumstances. The Scottsdale prosecution will usually insist that the blood or urine testing is accurate and admissible as evidence to use against you. But top drug DUI defense attorneys will examine the evidence to determine if a compelling argument can be made and motions filed to suppress drug DUI and Marijuana DUI test results evidence due to inaccuracies.

Arizona Marijuana DUI Penalties
Arizona has some of the toughest laws in the country for Drug DUI and any DUI. Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties, fines, fees or punishments that apply for Scottsdale DUI convictions. References are from A.R.S. 28 - 1381, 28-1382, and 28-1383:

• First DUI (non-extreme) .08+ BAC.................. 24 Hours in Jail
• Second DUI (non-extreme) .08+ BAC.................30 Days in Jail
• First DUI Extreme .15+ BAC ......................... .30 Days in Jail
• Second DUI Extreme .15+ BAC......................... 120 Days in Jail
• First DUI Super Extreme .20+ BAC.................... 45 Days in Jail
• 2nd Super Extreme .20+ BAC..........................180 Days in jail
• Felony DUI (with aggravated classification)......4 Months in Prison
.
Marijuana DUI Defense Attorney Scottsdale, AZ
The criminal justice system in Scottsdale Arizona is a maze of procedures, protocol, turbulent legislation, and is not empathetic to persons charged with DUI, or DUI with drugs of any kind. The job of the Scottsdale AZ prosecution is to convict you. They are not there to help you or to examine defense strategies to help you defend yourself. The judge can not do anything to help you unless proper motions and compelling arguments in your defense are presented through the proper legal channels. You will need a strong criminal defense attorney, Arizona DUI lawyer or criminal defense attorney in Arizona. There is too much for you at stake to go unrepresented by a proper Arizona DUI lawyer. They will be your ally you need to protect your rights, make sure you are treated fairly, defend you, and do everything possible, to try to get your charges dismissed, reduced or the otherwise best outcome in your case.

Continue reading "Scottsdale AZ Marijuana DUI Laws | Medical Marijuana DUI " »

How a Good Scottsdale Criminal Attorney Defends Marijuana Charges

If you face Scottsdale Marijuana (Pot) sales charges, you should consult a Marijuana lawyer or criminal defense attorney who defends Marijuana drug charges in Scottsdale, Arizona on a regular basis. If convicted, you will face serious penalties. Scottsdale Marijuana sales charges fall within the State of Arizona Criminal Code 13 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 describes in detail Marijuana laws under "A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification"

Penalties for Scottsdale Marijuana drug sales sentencing and convictions depend on many different factors. Some that will be considered include 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 Scottsdale Marijuana charges are in that of production, manufacturing, or sales of Marijuana in Arizona. Possession of drugs with just the "intent" to sell or distribute is a punishable 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 Scottsdale 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 Scottsdale 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 Scottsdale Marijuana Defense Lawyer Can Do
It is important that you contact a good Arizona Drug Defense Attorney or Marijuana lawyer or Arizona criminal defense attorney who defends Marijuana sales charges in Scottsdale Arizona on a regular basis. An experienced Scottsdale Criminal Attorney will gather all the evidence, and investigate further to build a strong defense. This is necessary to challenge the Arizona Prosecution's case against you.

Your Scottsdale criminal defense 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 Scottsdale criminal defense attorney will make sure you are treated fairly, and do everything possible to get your charges dismissed in any event.

A good criminal defense attorney who handles Scottsdale drug sales cases regularly 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 in Scottsdale will significantly increase your chances of securing a good outcome in your Marijuana Drug defense case.

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

Continue reading "MARIJUANA LAWYER " »

15 Defenses Good Scottsdale Disorderly Conduct Attorneys Use to Challenge Them

"Experienced Arizona Criminal Defense Attorneys can often get these cases dismissed".

If you have been charged with Disorderly Conduct in Scottsdale, you should consult a Scottsdale Disorderly Conduct attorney or an Arizona Criminal Lawyer who frequently defends clients against Disorderly Conduct Charges in Scottsdale, Arizona.

The terms "Disorderly conduct" are often used interchangeably with "disturbing the peace". Criminal Attorneys feel Disorderly Conduct Charges are overused citations. Often times, police use them as "catch all" charges, especially if they don't have anything else to charge you for. Sometimes they are simply just annoyed with you and want to charge you with something, anything. It is common to see it charged in conjunction with other offenses for example, DUI, domestic violence, or assault. Because of the subjectivity of disorderly conduct charges, they can be easily challenged by an experienced Criminal Defense Attorney who defends disorderly conduct charges in Scottsdale, Arizona on a regular basis.

Some offenses which result in disorderly conduct in Arizona can include such behaviors as follows: Speech that others consider offensive, loud music, disruptive parties, assault, fighting, shouting, use of profanity in public, provocation, disturbing the peace in a business or the peace of its customers, refusing to leave a location when asked by an owner, manager, or police, waving or endangering display of a firearm, disrespectfulness or disobedience toward a police officer.

Disorderly Conduct falls under 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 charges involve a firearm, they will be charged as a class 6 felonies. A felony disorderly conduct charge carries maximum penalties that include one year in prison, a felony criminal record, loss of right to bear firearms, probation, and other penalties ordered by the court. The severity of the punishments depend upon the circumstances, and whether or not a weapon was involved, or if it was a repeat offense.

Scottsdale Disorderly Conduct Defenses
An experienced Scottsdale Disorderly Conduct Attorney will gather, and examine all evidence; and build the best defense based on the unique circumstances of your case. The State of Arizona and Prosecution bear the burden of proving disorderly conduct charges were justified. Your Scottsdale Criminal Lawyer will determine if your constitutional rights were violated, evaluate for probable cause, justifiability of your actions, and through the proper legal channels present your side of the story.

Here are at least 15 defenses that an experienced Scottsdale Disorderly Conduct Attorney may use to defend your case:

1) You were attempting protect someone who could not protect themselves
2) You were the wrong person charged (this often applies when groups of people or multiple persons are involved in civil assemblies that turn violent)
3) No witnesses, video, audio, or other evidence to prove you displayed disorderly conduct.
4) You acted under threat, provocation or intimidation.
5) The Necessity Defense
6) Police Brutality
7) No other justifiable reason for charges, other than the police officer was annoyed with you.
8) You were exercising your right to "free speech" under the Constitution in an approved location, in an appropriate, orderly and peaceful fashion.
9) The police accused you of having "an attitude", with no proof or other justification. Were the police aware that you may suffer from a physical or mental disability, illness or syndrome that was mistaken for a "bad attitude"?
10) Actions were in self - or in defense, defense of home, property, or family
11) Other Violations of Your Constitutional Rights.
12) Objective witness statements overwhelmingly contradict the police officers statements
13) The police officer has a history of disciplinary actions in similar circumstances.
14) Someone else started the altercation
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 an Arizona disorderly conduct attorney who practices in Scottsdale, Arizona, if you face charges. Experienced Criminal Defense Attorneys can often get these cases dismissed".

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

Continue reading "Scottsdale Disorderly Conduct " »

Defend Your Scottsdale Marijuana
Possession Charges

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

Penalties for possession Marijuana in Arizona depend on how much of it was found in your possession, as well as its intended purpose (use v. sale).

Certain amounts penalties will usually apply as follows for Possession of Marijuana in Scottsdale:

• 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 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 you face charges simple possession, with no intent to sell, you may be eligible for deferred prosecution. This means you may be eligible for what is known as a "second chance" by the court. It involves a probationary period. If the probationary time frame and any other orders from the court are satisfied successfully, your charges may be dismissed. But if the probationary period and any other court orders are violated, you could be subject to the original sentencing for the crime.

An experienced Scottsdale Marijuana Lawyer or Attorney who frequently defends drug charges in Scottsdale will do everything possible, get you 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 Scottsdale 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, Scottsdale, 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.

Continue reading "SCOTTSDALE MARIJUANA LAWYER" »

Scottsdale Assault Lawyer will Fight Your Assault Charges

"There are two sides to every story. A Scottsdale Assault Defense Attorney will tell Your Side of the Story."

In Scottsdale, Arizona there are two classes of assaults-a "misdemeanor assault" and "felony aggravated assault". Each possesses a range of sentencing and penalties based on the circumstances of the charges. Scottsdale Arizona, views both of them as serious crimes. The Scottsdale Assault laws, and punishments are dictated by the 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 an Assault of any kind in Scottsdale, AZ, you ill face harsh penalties if convicted. You should contact Scottsdale criminal defense or an assault Attorney who defends clients frequently in Scottsdale Courts. A Free Consultation from a Scottsdale Assault Lawyer is easy to find and very important. The following is short summary of the two assault types:

Scottsdale, Arizona Misdemeanor - Assault:
Misdemeanor Assaults are charged in Scottsdale when a defendant's actions caused a person bodily harm or fear of bodily harm; physical contact with another individual with the intent to cause bodily injury, or actually causing physical harm or injury to another; the intent to harm or provoke another person; intentionally placing another person in reasonable apprehension of imminent physical danger and injury; intentionally, knowingly, or recklessly causing physical harm to someone. If convicted, of a Scottsdale 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.

Scottsdale, Arizona Felony- Aggravated Assault:
An Aggravated assault in Scottsdale, Arizona is a Felony. These are far more serious charges than misdemeanor assaults, and consequently penalties are extremely serious. Certain additional circumstances if presented, will elevate a misdemeanor assault up 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.

Scottsdale Assault and Aggravated Assault Defenses:
Your Scottsdale criminal defense attorney will work with you to gain evidence, and build an effective defense. It is essential that you provide whatever details or information your attorney requests, in an effort to build the best defense case possible for your assault charges. The Attorney will then gather, evaluate, build and mount what they feel will bring you the most successful outcome in your case. Assault defenses can be complex. Your criminal defense attorney will draw from their extensive training, education, prior defense cases, litigation experiences, and case law that may exist and apply to your unique set of circumstances.

Here is a sample list defenses an experienced Scottsdale Criminal Defense Attorney might consider using depending on the charges and circumstances of the case
• You Feared for your life.
• Your actions were in self defense
• Your actions were in response to what you perceived was life threatening
• Circumstances surrounding State of Mind of both you and the victim
• Necessity Defense
• Lack of adequate evidence
• No witnesses
• No weapon used or found or proved to be used
• Other persons were involved in the altercation
• The assailant who hurt the victim was not you
• Questionable testimony by the victim - history of false allegations by the victim
• Your Constitutional Rights were violated during pre-indictment investigation, search, seizure or arrest.
• You were provoked or intimidation by the victim
• The situation was an accident, completing occurring outside your control
• The situation was unforeseen, or unexpected situation
• Proof that your prudently and actively did everything possible to help avoid threat, injury, or harm to the victim

There are two sides to every story. A Scottsdale assault lawyer will tell your side of the story. An experienced Assault Defense Lawyer understands your story is important, from your point of view. The attorney's job is to find out what defenses can be used based on your unique set of circumstances; protect your rights, freedom, and future; and in every case do what ever is needed to attempt to get the charges dismissed or in the alternative charges reduced, evidence suppressed, to get the best possible outcome for you.

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

Continue reading "Scottsdale Assault Laws" »

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 Scottsdale, AZ Domestic Violence Attorney first."

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

Many people accused of a domestic violence offense want to know what will happen if the victim drops the charges. The answer is "nothing" will happen. The charges will still stand. Only the state court or prosecution can dismiss or acquit once the charges or arrest has been made.

Scottsdale, 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 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 Scottsdale 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 Scottsdale, 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 Scottsdale, 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 Scottsdale, 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 Scottsdale Domestic Violence Case
Some defenses that can be used include but are not limited to the following:
• You were acted in self-defense
• The incident involved a mutual attack
• Lack of evidence
• Lack of physical injury to the victim
• No witnesses were present accept for you and the accuser/victim
• Credibility of the accuser - history of false accusations
• Innocent by Facts of the case
• State of mind of the accuser/victim
• You were not the person who harmed the victim
• You were reacting to a threat or imminent physical danger by the victim
• You were severely intimidated or provoked by the accuser
• The accuser's motives in making unfounded claims
• Necessity Defense
• You stepped in to protect your child from imminent harm by the victim
• Accuser was 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 SCOTTSDALE, DOMESTIC VIOLENCE ATTORNEY CAN DO
You will need an experienced Scottsdale, Arizona Domestic Violence attorney or Scottsdale, 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 Scottsdale, Arizona Criminal Defense Attorney will be your voice. They will draw from their education, training, experience, litigation, case laws, Scottsdale, 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.

Make sure you get a Chance at the Best Outcome for your Scottsdale Criminal Charges

If you were arrested in Scottsdale, Arizona, you will want to consult and hire an experienced Attorney who defends their clients on a regular basis in the Scottsdale Courts. Even most top rated Scottsdale Criminal Defense Attorneys provide FREE initial consultations.

Scottsdale has long been known for being tough on crime. Criminal Offenses carry hefty penalties, fines and sentencing. You will need to hire an attorney who is familiar with Scottsdale and Arizona criminal codes, the court systems, the prosecution, the judges, and most importantly the defenses that can be used based on the circumstances of the offense for which you were charged in Scottsdale and arrested. You can easily find a top Scottsdale criminal defense attorney who provides a free consultation to those who have been arrested in Scottsdale or received criminal charges. They will let you know what laws, penalties and sentencing will apply in your case. If hired a good Scottsdale Lawyer will make sure your constitutional rights are protected through the process, gather all the evidence possible surrounding your case, and determine what the best possible defenses will be to mount against the prosecution.

Whether your case is a Scottsdale Misdemeanor, or Felony, or combination of both, can mean serious consequences. They should not be ignored or disregarded as not serious, no matter what the charges. Hiring an experienced attorney who practices often in Scottsdale can mean the difference between getting the maximum penalties for that crime, or a dismissal, reduced charges. Criminal records are easily put on your record, and very difficult to get removed. Some stay on for many years and affect you adversely in so many facets of your life. Everyone makes mistakes or errors in judgment. Anyone can be charged unjustly with a crime. You can recover from it. But you will need to hire a top Criminal Defense Attorney who can help you get the best outcome in your case. A private Scottsdale criminal lawyer will make all the difference in the outcome. Don't gamble with your future.

If you face any criminal charges in Scottsdale Mesa 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.

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