Phoenix DUI Lawyer Blog

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).

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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).

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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.

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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).

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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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