Phoenix DUI Lawyer Blog

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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