Phoenix DUI Lawyer Blog

"7 Important Facts about Your Tempe DUI Police Report"

Under Arizona State Public Records Law a defendant or accused is entitled to obtain a copy of their police report for criminal or DUI charges upon request. If you are being represented by a criminal defense lawyer or DUI attorney for your charges, they will generally obtain the report on your behalf. If retained, they will provide you with a complete copy of your report.

Below are important facts about obtaining it:

1. How to get a copy of your Tempe Police Report for your DUI or Criminal Charges
A copy of your Tempe Police report for DUI or Criminal Charges can be obtained either by mail; or in person.
To obtain a copy, you simply need to complete a written request form which can be found at the tempe.gov/policerecords/ website. The name of the form is "Request for Police Records" form number "TPD 706 Rev. 11/10."

2. Where to take or mail your request
Tempe Police Department does not accept requests by telephone, electronically, for DUI or Criminal charges. The address to mail your request is:
Tempe Police Department
120 E. 5th Street
Tempe, AZ 85281

3. Telephone number for Tempe Police Department Records Unit
The contact number for the Tempe Police Department Records Department is (480) 350-8304.

4. Tempe Police Department Records Unit Lobby Hours
Currently, the lobby hours to walk-in to pick-up the police report are Monday through Friday 8:00 am to 5:00 am.

5. Time it takes to get a copy of a Tempe Police Report for DUI or criminal charges
The average length of time it takes is 5 to 7 business days if it is available to be released.

6. Costs for copies of Tempe Criminal or DUI Police Reports
The cost for a copy of your report is $5.00 up to 20 pages. For every page over 20 the cost is .25 per page. You can pay by cash check or money order payable to City of Tempe. You should attached or bring your payment in with your completed request form.

7. If your case is under investigation, you may still request your Tempe Police Report
You may request your Tempe Police Report at any time. However, the Police Report will generally not be released until the police investigation is completed. You will then be contacted or it will be mailed when it becomes available.

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

"What Good Tempe Criminal Defense Lawyers do to Quash Your Tempe Arrest Warrant"
Find out if you have an outstanding arrest warrant

There are various ways to find out if you have an arrest warrant. However, the safest, most reliable way is to contact a Tempe criminal defense lawyer or Tempe DUI lawyer. Simply let them know that you suspect there may be one and why. A criminal defense
Attorney will conduct a search through their most commonly used resources. Once found, they will advise you of the most accurate information available, and provide you information for defense options.

Types of Tempe AZ Arrest Warrants
In general there are two types of "arrest warrants":
• Police Arrest Warrants: Warrants issued by Police or Law Enforcement Officials in order to detain or arrest someone. An arrest warrant is issued when a crime is committed and there is a reasonable belief, substantiated by concrete evidence that a person was involved in the crime. It also allows the police officer to search a person or place if they have good reason to believe a crime was or is being committed.
• Bench Arrest Warrants: These are warrants issued by the Tempe Court Judge. A bench warrant is issued against a person after they have failed to appear for their scheduled court appearance date and time. There are many reasons a person many not have appeared in court as scheduled. Some reasons are better than others of course. But no matter what the reason, it is best to retain a criminal defense attorney who will tell your side of the story and present a compelling argument on your behalf based on the circumstances.

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

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

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

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

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

CRIMINAL ATTORNEY TEMPE

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

Arrested in Arizona: What Happens After an Arrest?

• Arrest - In order for an Arizona arrest to be legal, the police must have "Probable Cause". This means that the officer has reasonable belief that a crime was committed by you. If so, you will be placed in hand cuffs, arrested and taken into Tempe 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 Tempe 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.

Tempe 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 Tempe criminal attorney or Tempe 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 Tempe criminal or DUI charges dismissed or evidence suppressed in your defense. You are not required to assist the police in making its case stronger against you. Some of the common rights you have are listed below and not all inclusive:

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

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

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

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

For more criminal defense or DUI defense tips, free videos, and free dui defense books, visit http://www.arizonacrimialdefenselawyer.com

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

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

You can fight your felony charges. Tempe felony charges get dropped, dismissed or reduced every day. But this doesn't happen by luck or chance. It takes hard work by a good Tempe Criminal Defense Attorney. If you face a felony arrest or felony charges in Tempe AZ you will need to retain an experienced Tempe criminal attorney. They will be your first and last line of defense, and give you the best chance of a good outcome.

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

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

Tempe Felony Laws
Felony Laws in Tempe Arizona are governed under the rules and criminal codes of the State of Arizona: Title 13 - Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes.
Felony Attorney AZ | Tempe Criminal Defense

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

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

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Beat the Most Serious Marijuana Charges with a Good Tempe Marijuana Attorney

If you have been charged with selling Marijuana (Pot) in Tempe, your next call should be to a Tempe Marijuana lawyer, Tempe criminal defense attorney, or Tempe drug crimes defense attorney. If you are convicted, you will face serious sentencing and penalties. Tempe Marijuana offenses fall within authority of 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 Tempe Marijuana drug sales convictions depend on many factors. Some of those factors include the following:

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

The most serious Tempe Marijuana charges are those that involve production, manufacturing, or selling Marijuana in Arizona. Tempe Marijuana sales, production, or distribution, convictions carry mandatory jail time or prison sentences depending on the circumstances of your case. If you are convicted of Felony drug possession, trafficking, sales or distribution carry the most serious penalties, fines, fees, jail, prison, and other harsh punishments.

Possession of Marijuana with "intent" to sell or distribute is a punishable offense in and of itself. The State of Arizona prosecution will do everything they can to get a conviction. If they can not get enough evidence to prove you sold the Marijuana, they will attempt to establish that you intended to sell or distribute mainly by the quantity of the drug you possessed. Whether or not you did in fact or did intend to do so, they will try to make that case against you. Sound unfair? Maybe so, but true. Arizona wants drug convictions and prosecutions, and they will get them at the cost of your freedom, and future.

What an Experienced Tempe Marijuana Defense Lawyer Can Do
In order to beat any type of drug charges, especially the most serious offenses, you first need to hire an experienced Arizona Drug Defense Attorney, Tempe Marijuana lawyer or Arizona criminal defense attorney who defends Marijuana sales charges in Tempe Arizona frequently. A good Tempe 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.

A good private Tempe 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 Tempe 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 Tempe drug sales cases regularly will be familiar with the constantly changing drug 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 Tempe will significantly increase your chances of securing a good outcome in your Marijuana Drug defense case.

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

Continue reading "MARIJUANA LAWYER" »

Tempe AZ Marijuana Charges Dismissed!

If you have been charged with Marijuana possession in Tempe, Arizona, you should consult a Tempe Marijuana Lawyer or a Criminal Attorney who frequently defends drug charges as soon as possible. Although it is considered the most common of Tempe Arizona drug charges, it is still seen as a serious offense in the eyes of the State of Arizona. However, you don't have to accept the maximum penalties. Your Tempe criminal Attorney may be able to get your Marijuana charges dismissed.

First, you should know that the penalties for possession Marijuana in Arizona depend on the amount the police found to be in your possession. Other factors the court will want to consider with regard to penalties and sentencing include but not limited to the following:

1) Your intended purpose of it (personal use or sale)
2) Your prior criminal record, if any
3) If the charge is a repeat offense
4) If the charges were in connection to another offense

Customary sentencing and penalties for possession of Marijuana charges in Tempe are
as follows:

• Under 2 lbs: Class 6 felony; fines and fees other; court orders such as counseling
• Between 2 and 4 lbs: Class 5 felony; fines and fees; other court orders
• 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; other court orders

Marijuana classifications and penalties are strictly described under Criminal Code 13 - A.R.S. "13-3405. Possession, use, production, sale or transportation of marijuana; classification..."

If you have been charged with possession of Marijuana, without intent to sell or other purpose besides simple use, you may be eligible for what is called "deferred prosecution." This means you may qualify for a "second chance" by the court. It requires completion of a probationary period. If the probation and any other requirements set by the court are completed satisfactorily, your case may be completely dismissed. But if the probationary period or other court orders were violated, you could face original potential sentencing by the prosecution for the crime. An experienced Tempe Marijuana Lawyer or Tempe drug charges defense Attorney who should do everything possible to get you the deferred prosecution, dismissal of the charges, reduction to lesser charges or otherwise best possible outcome in your case.

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. A good Marijuana Lawyer will find the defenses that best suit your situation to challenge the prosecution's case against you. 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 a private Arizona Criminal Attorney.

If you have been charged with any Tempe 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, Tempe, 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 "TEMPE ARIZONA MARIJUANA LAWYER" »

A Tempe Assault Lawyer will protect your rights and educate the court on your side of the story.

In Tempe AZ there are two classifications of assault charges. The first is that of a
misdemeanor assault. The second is a felony or what is known as "aggravated assault. Each possesses varied levels of punishments, based on the circumstances surrounding your case and the incident. There are two things they have in common: 1) Both involve harm or intent to harm another person, and 2) Both are viewed as serious crimes with serious penalties subject to the laws and sentencing of Arizona Criminal code A.R.S. 13-1203 (misdemeanor assault) and Arizona Criminal code A.R.S. 13-1204 (felony aggravated assault). Due to the serious penalties involved in a conviction, you it is highly recommended that you contact a Tempe Criminal Attorney, who regularly defends and litigates all types of assault cases in Tempe Arizona. It is easy to find highly experienced Attorneys who provide Free Initial Consultation for your assault charges in Tempe Arizona. A Free Consultation from a Tempe Assault Defense Attorney is well worth your time - in fact, it's a must.

You can easily get a Free Consultation from a Top Phoenix assault attorney. If the first attorney you contact requires payment for a consultation, it is highly recommended that you continue to look for another Phoenix assault defense lawyer. Most Phoenix assault lawyers will not charge you for an initial consultation. The following is a brief discussion of the two different Phoenix Arizona Assault types:

Tempe Arizona Misdemeanor Assault:
A misdemeanor assault is one that involves subjecting or intending to harm another person for which they are in fear. It may include physical contact with another person with the intent of causing physical injury, provocations, or causing another person reasonable apprehension of imminent physical injury; The prosecution must prove you intentionally, knowingly, or recklessly caused physical injury, or intended to cause harm to another person If convicted of a Tempe misdemeanor assault you may face up to one year in prison, fines up to $2,500, fees plus reimbursement of medical bills or other restitution to the victim.
"A Free Consultation from a Tempe Assault Defense Attorney is well worth your time -in fact it's a must..."

Tempe Arizona Felony Aggravated Assault:
A Tempe Felony or aggravated assault charges are far more serious than a misdemeanor assaults. Several circumstances exist that elevate an assault to the "aggravated" or "felony" level. Here are examples, not all inclusive of those circumstances: Causing "serious physical injury" to another person, that creates a reasonable risk of death; use of a deadly weapon; committing an assault while a victim is being held against their will, restrained or is for some reason unable to resist; if the assault causes substantial disfigurement or impairment, temporary or permanent; if the person commits the assault while violating a valid order of protection; if the person takes or attempts to gain control of a police officer's firearm or other 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. If convicted, punishments can include (not in any order) fines, fees, counseling, restitution to the victim, lengthy prison sentences, long term felony criminal records that will follow you in some cases for the rest of your life.

Tempe, Arizona Assault and Aggravated Assault Defenses:
So you're probably wondering "what can a Tempe Assault Defense Attorney do for me?"
Unfortunately, the Police, Prosecution, and State don't want to hear your side of the story. The police made a decision to charge or arrest you for assault. After that it was too late for your verbal side of the story. The police rarely, if ever, change their minds once the arrest is made. Now all they want is a conviction. It is important that you get a strong Tempe Criminal Defense Attorney who defends Tempe Assault cases on regular bases to defend you. They will be your voice, your sword, and your shield from the prosecution. That's just the way it is and the way the legal system is set up. You have the constitutional right to a private criminal defense attorney. They expect you to use it, and in this case, it is an extremely wise choice. Here are just a few defense strategies you might expect a good Tempe Assault Attorney to do for you, based on the unique circumstances of our case:

• You acted in self defense or out of fear
• You were reacting to what you perceived as a threatening situation
• Both the state of mind of the victim and you at the time of the incident
• "Necessity" Defense: For example, the victim was in the process of harming your child or an elderly parent
• Lack of evidence by the Prosecution
• If claim exists that you used a weapon, but there was no proof of that weapon
• The involvement of outside parties or persons
• Lack of witnesses
• Interview or depose the police and or witnesses
• You were not the person who committed the act
• Victim has a history of making unfounded claims, and is not a credible.
• The police violated your Constitutional rights during charges, arrest, or thereafter
• The victim provoked, threatened or intimated you, forcing your response
• The event was completely accidental, and in no way intentional
• The circumstances were unforeseen, unexpected or unpreventable
• Proof exists of efforts you made to protect the victim from the unexpected or unavoidable harm or endangerment.

Once your Tempe Assault Attorney gathers and examines evidence in your case, the will build and mount an effective defense. The court and prosecution will then be educated about your story, from the facts and evidence your Tempe Criminal Defense Attorney has presented. You will need a criminal defense attorney with a great deal of experience; one that understands your story and your freedom is extremely important; one that will over turn every stone of evidence to defend your rights and get the best possible outcome in your case be it suppression of evidence, reduction of charges or a total dismissal of your case.

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

Continue reading "Tempe Assault Defense Attorney Will Fight Your Assault Charges " »

Tempe Drug Laws, Penalties, Defenses

If you were charged with a drug crime in Tempe Arizona, you may have been arrested. But you are innocent until proven guilty and that's the law. Don't think of it as the end, think of it as a beginning. Tempe Arizona drug charges are serious offenses, which need to be aggressively defended by an experienced Tempe criminal defense attorney or Tempe drug crime defense lawyer. If convicted of a Tempe drug crime, the sentencing and have adverse impacts on your life for years in the future.

Depending on the charges and your criminal history, being found guilty of a Tempe drug crime can include:
• Mandatory Incarceration in Jail or long term prison sentences
• Exorbitant monetary Fines
• Exorbitant Court, Evaluation and other Fees
• Drug Treatment ordered by the court
• Probation
• Criminal Record either Misdemeanor or Felony
• Required participation in Community Service
• Suspension or Revocation of your Driver's License
• Loss of the right to bear Firearms or other dangerous weapons
• Loss of other civil rights such as political voting rights
• Adverse impact on job, or future employment opportunities
• Adverse impact on ability to qualify for credit cards, home or auto loans
• Adverse impact on ability to quality for certain types of personal or business insurance
• Seizure of Tangible property such as home, vehicles, or other financial assets

It is obvious, that facing any one or more of these penalties are worth the fight for your future. But you are wondering what a Tempe criminal Defense Attorney can do to help you. Hiring a good Tempe criminal defense lawyer can mean the difference anywhere between getting your case dismissed or facing the maximum penalties under Arizona Law. Here is just a brief list of things an experienced Tempe Drug Crime Attorney can do to help you depending on the circumstances surrounding your case:

• Determine if your constitutional rights were violated during the process of your pre-charges investigation, citation, or arrest.
• Solicit the opinion of an expert (s) (medical, toxicology, pharmaceutical, etc)
• Evaluate to determine if the police in fact had "probable cause to arrest", which is the standard to execute an arrest.
• Evaluate to determine if the police followed proper protocol and procedures.
• If Blood or Urine Testing was done, determine if proper testing, handling, and transport of the specimen was followed.
• Have the toxicology retest of specimen conducted by an independent lab.
• Determine if the police officer followed proper protocol arrest procedures
• Determine if the officer had record of disciplinary record.
• Determine if the search and seizure of the drugs, or paraphernalia was legal
• Contest the amount of the drug (s) the police claim you had in your possession.
• Develop arguments based on the difference between actual possession and constructive possession
• Determine if the drugs in fact were yours
• Determine your actual knowledge if any of the existence of the drugs
• Interview, recorded statements or deposition of the police officers and witnesses
• Site visit or inspection of the vehicle where the offense and arrest took place
• Examine the facts for entrapment
• Challenge the charges
• File motions to have the evidence suppressed
• Work to get the sentence or charges reduced or sentencing significantly reduced based on lack of prior criminal convictions on your record.
• File motions to have the criminal charges dismissed based on weaknesses in the prosecution's case.

Note, you don't necessarily have to go through a trial by jury for any of these defenses or actions on your Tempe criminal defense attorney's part to take place. It is the Drug Crimes Attorney's job to do these things. No magic tricks--- Just naturally hard work, training and lots of litigation experience in defending drug crimes. There should be no secrets to what your Tempe Defense Attorney will do for you. A private Tempe criminal defense Attorney works for you. They should work with you to exhaust every possible avenue to defend you and get the best possible outcome in your case. Choosing the right Tempe criminal defense attorney maybe one of the most important decisions you make in your life. The question should not be "Do I hire an Attorney?" It should be "Which attorney do I choose?" Choose wisely.

If you have been charged with any Phoenix or Tempe, Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI; any Drug Crimes, including drug sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, 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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You will need the defense of an experienced Tempe Criminal Lawyer if you've been charged with a crime in Tempe, Arizona.

In 2009 the total crimes reported in Tempe, Arizona was 9,974. The crimes recorded included but were not limited to violent crimes including sexual assault, and homicide, robbery, assault, aggravated assault, burglary, larceny, auto theft and arson. These statistics were based on "The Crime Index", composed of selected offenses used to gauge fluctuations in the overall volume and rate of crime reported to law enforcement. (Cited from Tempe Website http://www.tempe.gov/cau/defpage.htm). Note these statistics constitute "crimes reported". These figures do not include how many of these offenses were justified or unfounded. In fact, many of the offenses may have been dismissed, reduced to lesser charges, found to be unjustified, or a better outcome resolved by experienced Tempe Criminal Defense Attorneys doing their jobs.

Tempe is tough on crime, and the penalties are strict. Tempe criminal offenses, sentencing, fines, fees and penalties are subject to the State Laws of Arizona. If you are charged with a crime in Tempe Arizona, you should consult a Tempe Criminal Defense or Tempe DUI defense Attorney, someone who defends Tempe Criminal Charges regularly. The State and Prosecution are committed to getting convictions. It is not their job to defend you, determine if charges unjustified, or if your constitutional rights have been violated.

The State and Prosecution work closely with the police to build their case against you, not to find a way to make your life easier or get your charges dismissed. You can not rely on them to give you answers or any help with your case. This includes the residing judges. There is nothing a judge can do to help you, without the appropriate time of the hearings, response to motions filed by your Defense Attorney, or sentencing based on plea or jury verdicts during the appropriate legal processes and protocol. Basically, your first and last line of defense, if you want to fight your charges is that of an experienced Tempe Criminal Defense Attorney. Your criminal lawyer will file a notice to the court of their representation of you, Notice of your Defenses, and enter a plea of "not-guilty" on your behalf. Remember, you are innocent until proven guilty in a court of law. Just because you were charge with a Tempe Crime, does not make you guilty of that crime. Then they will gather and examine the evidence, build a defense case, and mount a defense based on your particular set of circumstances. Appropriate motions will be filed in your defense if necessary. Your defense attorney should be available to answer all of your questions and walk you through all of the processes, and explain what they are doing to defend your Tempe DUI charges.

Depending on the nature of the charges, whether it is a Misdemeanor or Felony, and facts in your case, your Tempe Criminal Defense Attorney will attempt to first get the charges dismissed, or reduced. In the least, all efforts should be exhausted to make sure your constitutional rights are protected and insure the best possible outcome in your Tempe Criminal Case. Defending your rights, freedom and future is 100% their job, the job of a Tempe Criminal Defense Attorney.

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