Why You Need a Good Criminal Attorney that Defends Felony Charges in Chandler AZ

If you have instructions to appear in Arizona Superior Court following a criminal arrest or receipt of summons, this usually means you most likely are facing a criminal felony charges in Arizona. If so, you should consult a criminal lawyer who defends felony charges received in Chandler and regularly defends clients in Superior Court. A felony is a serious matter in Arizona. Felony Charges in Arizona carry some of the harshest penalties in the country. Without effective private criminal defense for your Arizona Superior Court matter, your future and freedom may be in jeopardy. An experienced trial and criminal defense lawyer who defends Chandler criminal felony charges will help resolve your criminal charges so that they have the least impact on your life as possible.

Criminal Arrest for Felony in Chandler AZ
A Chandler criminal arrest is not a conviction. By law you are innocent until proven guilty by the prosecution. You do not have to "prove" your innocence. The Prosecution has the burden of proving you are guilty of the charges. The arrest is just the beginning of the Criminal Stages in the criminal justice process. Chandler police and law enforcement agencies work very closely with the Arizona prosecution to egregiously prosecute felony offenses and get convictions. The best way to protect yourself and preserve your freedom is to hire a highly trained, qualified, proactive and experienced Chandler Criminal Attorney. Chandler AZ felony convictions usually carry steep jail and prison sentences. Depending on the DUI, drug or other criminal charges, you could face long term or life time incarceration in prison; exorbitant fines and fees; and a felony criminal record that will follow you for life in some cases..

Felony Laws, Conviction & Sentencing | Chandler, AZ charges
Chandler Arizona is governed by the laws of the State of Arizona. Criminal charges fall within any one or more of six classifications; with Class 1 being the most severe. A class one felony conviction carries the harshest punishments and longest prison sentences, in many cases life in prison. If convicted of a Class 1 felony, the term of the sentence is usually required to be served in state prison rather than in Maricopa 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 minimum and maximum range for the mandatory prison term which is decided by the judge. For felonies, a sentencing hearing date is scheduled following a guilty verdict. This date is set at some point in the future for example 30 days out. A good private criminal defense lawyer will continue to fight for your freedom. They will make sure that you are treated fairly, and work to get you the minimum sentence or attempt to negotiate court orders and sentencing that have the least impact as possible on your life. In many cases, it is too late to bring on board a private criminal defense attorney, if you have not already, because irreparable harm may have been done to your defense case. The key to a successful defense is early retention of your criminal defense attorney, especially in felony cases.

LAW OFFICE OF JAMES NOVAK
DUI & Criminal Defense Lawyer
(Former Prosecutor)
Free Consultation!
(480) 413-1499

Continue reading "Why you must retain good legal representation for your DUI or criminal charges scheduled in Arizona Superior Court." »

"You have the right to hire a Mesa criminal lawyer or Mesa DUI lawyer at almost every stage of your DUI or criminal case. But the earlier you retain, the greater your chances of getting your Mesa DUI Dismissed."

The Importance of Hiring a Mesa AZ DUI or Criminal Lawyer Early
You can retain an Arizona Criminal Defense Lawyer at nearly every stage of a Mesa AZ DUI or criminal case. However, the best Mesa DUI and criminal defense lawyers would agree that the earlier you retain DUI Lawyer or criminal lawyer for your Mesa charges, the greater your chances of getting your Mesa DUI or criminal charges dismissed. Early retention of a Mesa AZ DUI or criminal defense lawyer is a one of the most important keys to a successful defense. Time gives your Mesa DUI attorney to gather evidence; protect your rights; build a successful defense strategy; file early motions; present compelling arguments to the court, prosecution or jury; and recognize and utilize the right time and processes to negotiate a dismissal of your charges.

At some mid to late stages in the DUI criminal justice process a good number of Mesa criminal lawyers or Mesa DUI attorneys will not accept your case. If you contact a private practice Attorney during mid or later stages of your case, they may not accept it. This is because due to their time demands, and heavy court or trial schedules, they feel it is too late to provide you with an effective defense. This generally occurs for the following reasons (reasons are not all inclusive):

• First off, don't be offended in the following scenario: You already have a public defender, or private practice attorney who has been handling your case. They you call another attorney, with no intention to hire a new attorney, and ask for a free consultation or to discuss your case. Ethically, 9 out of 10 attorneys will refrain from discussing your case. Among many other reasons, to do in most cases is unethical, and the attorney will refer you to discuss the matter with your current attorney.

• Often the prosecution and court have their minds made up about a plea offer that was made but unacceptable to you. It is not likely they can be persuaded to reduce the penalties just because you hired someone else. In fact they often times end up "digging their heels" further into the ground about the initial offer(s).

• You made admissions regarding your guilt, on record, either to the police, investigator, in court, deposition, or testimony, in response to the allegations against you. This may have jeopardized your defense case to the point that it can not be salvaged.

• You may have knowingly or unintentionally waived Rights you could have used for certain defenses that could have led to a dismissal of your charges.

• Consider it your best interest if a new private practice attorney refrains from taking your case, if they feel their intervention will not likely change the outcome at that point.

• Many Mesa DUI and criminal defense lawyers and law firms regulate their case loads. They may feel that it would be too labor intensive and time consuming to the point and would take away from time required to defend their current clients who signed on earlier, as well as their heavy court and trial schedules that exist. Their first obligations would be to them, to allow adequate time and resources to tailor and mount a successful defense.

• Your case or trial is over and did not have a good outcome, so you want to appeal the decision. Not all attorneys handle Appeal cases or provide post conviction services. Some handle limited cases, to those clients the previously served. However, there are trial lawyers who do them on a regular basis. It may just mean o looking a little further, or making a few more contacts to find them.

Remember to hire a Mesa criminal lawyer or DUI lawyer is, no different than being an employer. They work for you. However, Mesa DUI lawyer or criminal defense attorney also has the right refuse the job; thereby, refraining from handling your case.

If you prudently hire a private practice Mesa DUI Lawyer or criminal attorney early on, you will have a vast amount of defense Attorneys to choose from. You will easily find good legal representation at an affordable price, without looking too far. Most importantly, they will have adequate time to tailor, build and present a solid and effective defense case on your behalf.

Continue reading "Criminal Defense Legal Representation: Reasons you should not delay retaining a criminal attorney to defend your DUI charges" »

How some of the best DUI lawyers in Arizona get Arizona Felony DUI charges dismissed
AZ Felony DUI

If you have been charged with a felony DUI in Arizona, you will need to hire an experienced Arizona Felony DUI defense attorney in the municipality where you were arrested or received the charges. These charges are also known as "aggravated DUI charges". You have the right to hire an AZ DUI Lawyer to defend your charges. A good AZ criminal defense lawyer can often get your felony drunk driving charges dismissed or in the alternative get charges and sentencing reduced to have the least adverse impact on your life.

AZ DUI Penalties - Felony DUI / Aggravated DUI
Arizona Felony DUI convictions have higher penalties, increased incarceration of that than a misdemeanor DUI. Penalties may include but are not limited to 4 months or more in Arizona prison; revocation of your driver's license; large fines and fees; ignition interlock device installation in your vehicle at your expense; screening for admittance into a mandatory drug or alcohol treatment inpatient or outpatient program including counseling; probation; and a felony on your criminal record that will follow you for years into the future.

AZ Misdemeanor DUI vs. Felony DUI in Arizona
A large number of DUI charges in Arizona are classified as misdemeanors. A misdemeanor DUI in Arizona escalates to a Felony DUI when the following factors exist and surround your AZ DUI charges:
• The DUI is your third or more within the last seven years;
• You were arrested for DUI while driving on a suspended, revoked or restricted driver's license'
• You were arrested for DUI while driving with a minor age 15 or younger.
• The DUI involved an auto accident with serious injuries or fatality

Defending AZ Felony DUI - Aggravated DUI Charges
The best DUI attorneys or Arizona criminal defense lawyers will examine the following evidence and explore all avenues for challenging the prosecution's case for your AZ felony or aggravated DUI charges *Note, this list not all inclusive and some may or may not apply in every situation:
• Reasonable suspicion of the traffic stop
• Determine the probable cause of the felony DUI arrest
• Validity of any sobriety tests taken
• Qualifications of the arresting officer
• Accuracy of chemical test (blood draw or urine sample).
• Errors or violations of required protocol for blood or urine testing, processing, storage, labeling or transport;
• Accuracy of breathalyzer test results;
• Examination of Calibration, documented records for the breathalyzer machine's prior repairs, as well as routine maintenance;
• Outside factors that existed and had potential to effect validity and accuracy of breathalyzer, or chemical testing results;
• Inadmissibility of any portion or all of the evidence the prosecution intends to use against you;
• Violations of your Constitutional Rights including but not limited to the following: failure of police to give you a second sample for your defense, unwarranted search and seizure of you or your vehicle, failure to let you contact your AZ DUI lawyer at your request and earliest convenience; unnecessary use of force or intimidation.

Felony DUI Attorney in Arizona
After your AZ DUI Lawyer or AZ criminal defense attorney has gathered and examined all the facts, they will determine the course of the best defense strategies to mount. They will present compelling arguments, and appropriate motions that apply in your favor to suppress evidence, reduce charges, or ultimately get your AZ DUI felony charges dismissed.

Continue reading "Defenses for Aggravated DUI (Felony DUI)" »

Why You Need a Good Criminal Attorney to represent you at your Preliminary Hearing in Mesa AZ

Preliminary Hearing
Preliminary Hearings are usually held for non-indictment Felonies. A preliminary Hearing is next proceeding in through the Mesa AZ criminal justice system following your Initial Court Appearance. It is the court date, time and location given to you following your Mesa AZ arrest. It is important that you consult and retain an experienced criminal defense or DUI defense attorney who defends charges in Mesa AZ a regular basis and is familiar with Mesa Court protocol, your rights, and defenses. The preliminary Hearing is held before a court commissioner in the Regional Court Center (RCC).

The Purpose of the Preliminary Hearing
The purpose of the Preliminary Hearing is for the Court Commissioner to decide if there is enough evidence to show that a violation of the law most likely occurred, and that you were probably the one who committed that crime.

The Importance of being represented by a Criminal Defense Attorney
The prosecution can present witnesses and evidence against you at this hearing. And your Attorney can present evidence exculpatory evidence (evidence in your favor), as well as challenge the prosecution's evidence against you if there is legal basis to do so.
Less evidence is needed at this proceeding than a trial. However, be aware that there may be enough for the commissioner to find "probable cause". If the commissioner finds "probable cause", your case will be assigned to the Superior Court and Superior Court Judge for further proceedings and setting a date for trial.

If Your Mesa criminal defense attorney successfully challenges the evidence, gets it suppressed and can educate the prosecution and court on flaws and weaknesses in their case, then the commissioner may find and rule on "no probable cause" and your case will be dismissed.

Waiving a Preliminary Hearing
A preliminary hearing can be waived completely if the Prosecution, your criminal defense Attorney and You reach a plea agreement before that time. In the case of a plea agreement, your attorney works hard on your behalf to get you an alternative offer that is better than taking a chance, going to trial, and losing. In almost all cases the plea agreement terms are far better, then sentencing for a guilty verdict conviction. And the preliminary hearing, trial and possibility sentencing for a "guilty verdict" by a judge or are all avoided. The decision to go to trial or take a plea bargain is always yours. But it is important that you discuss and understand the ramifications of both avenues.

In any event, your chances of getting the case dismissed, charges reduced or a better outcome in your case increase drastically with the retention of a private practice criminal defense or DUI attorney who defends Mesa DUI and Mesa criminal charges.

Continue reading "The Purpose of a Preliminary Hearing; and why you should have qualified legal representation for it" »

"You have the right to challenge your Mesa DUI, no matter what the circumstances. Your chances of getting your DUI charges dismissed increase significantly if you hire a top Arizona DUI Lawyer who frequently defends DUI Charges in Mesa, AZ."

Arizona sentencing and penalties for a conviction of a Mesa DUI (driving under the influence) or Mesa DWI (driving while intoxicated) conviction depend mostly on two factors:
1) the type of DUI you were arrested or charged for.
2). and whether or not you have a prior DUI or other criminal history.

If you face any type of DUI or DWI charge in Mesa, AZ should consult a Mesa AZ DUI Lawyer or Criminal Lawyer who defends DUI or criminal charges often in Mesa AZ Court. You should ask to speak directly with the attorney, not a sales representative or screener. In order to assist you with your questions, the AZ DUI attorney will need to know the type of DUI you with charged with and any prior DUI or criminal record you have, if any.

Types of Mesa AZ DUI - DWI Charges That May Apply
• Impaired to the Slightest Degree or BAC above .080 (first offense)
• Impaired to the Slightest Degree or BAC above .080 (second offense)
• Extreme DUI BAC .150 -.199 (first offense)
• Extreme DUI BAC .150 -.199 (second offense)
• Super Extreme DUI BAC .200 or higher (first offense)
• Super Extreme DUI BAC .200 or higher (second offense)
• Class 4 Felony Aggravated DUI - the result of 3rd DUI in 7 years or DUI while driver's license was suspended or restricted.
• Class 6 Felony Aggravated DUI - the result of DUI with child under 15 years of age in the vehicle.

DUI "with a prior" DUI, or other prior Criminal Convictions
Any Mesa AZ DUI or Mesa AZ DWI is serious. All DUI convictions include mandatory jail sentences among additional penalties. A Mesa DUI "with priors" or an existing criminal record will result in a more severe sentencing if convicted.
A previous DUI is considered "a prior" if it occurred within the last 7 years or 84 months regardless of what state it occurred.

Mesa AZ DUI Penalties
Mesa DUI classifications, sentencing and penalties are governed by the State of Arizona DUI laws. Depending on the circumstances, the judge usually has authority to add additional punishments on top of the mandatory penalties as they deem appropriate.
The penalties are referenced in detail and described for each violation at "azleg.gov/ArizonaRevisedStatutes... under the following citations: "Article 3 Driving Under the Influence 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification 28-1382 Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification 28-1383 Aggravated driving or actual physical control while under the influence; violation; classification; definition..."
Mesa AZ is has a reputation for being one of the toughest cities in Arizona to get a DUI. Their police force is highly trained and committed to prosecuting DUI charges.

Any Mesa DUI or DWI conviction will expose you to the following minimal penalties:
• Mandatory Jain in Jail
• Fines, Fees, Costs,
• Mandatory Installation of an Ignition Interlock Device installed in your vehicle (at your expense), for a court ordered amount of time.
• Alcohol and or drug screening which may result in mandatory participation in a certified counseling, or treatment program.

Mesa AZ Felony DUI
A Mesa AZ felony DUI also known as "aggravated DUI" conviction carries much more severe penalties. These usually include extended incarceration in jail or prison, depending on the circumstances in your case. They also include higher fines, fees, and costs, probation, among other penalties.

Mesa DUI Lawyers and the need for DUI Defense Mesa AZ
If you were arrested for a Mesa DUI, does not automatically mean you will be found guilty or convicted, no matter how high your BAC or other circumstances surrounding the charges. You have a constitutional right to defend your DUI charges. You also have the right to defense counsel. The best Mesa AZ DUI lawyers will fight to get your Mesa DUI charges dismissed, reduced sentence/penalties, or an otherwise better outcome in your case.

If you wish to fight your Mesa DUI and have a chance at getting your charges dismissed, you will need to hire an experienced Mesa AZ DUI Lawyer who often defends DUI and criminal charge in Mesa AZ Court. In the meantime, you do not want to do or say anything that will harm your case. Remain silent, and respectfully request to speak with an attorney first. Let them know that you will answer the questions and remain in compliance as long as your DUI attorney is present. Your attorney will provide defense, and make sure you do not say or do anything that will incriminate or harm your defense case.

Continue reading "Types of DUI charges and sentencing guidelines" »

How Good DUI Attorneys in Mesa AZ Build Winning Defense Cases

After hiring an experienced DUI attorney for Mesa DUI charges, a good criminal defense or DUI Attorney is involved in many defense activities behind the scenes on your case. If you were arrested in Mesa AZ for DUI or other criminal charges, penalties and sentencing are governed by Arizona State Laws which are complex and strict. Your future and freedom are at stake. You should consult a private DUI or criminal defense attorney who defends criminal charges in Mesa AZ Court as soon as possible. Most DUI criminal and DUI attorneys provide free consultations. It will be well worth your time to discuss your charges, range of sentencing for those charges and your defense options.

Once retained, your Mesa DUI or criminal defense attorney in Mesa will guide you through every phase of the Arizona criminal justice system, and defend you through all stages. Many times you will wonder what they are doing to help you. Your Mesa DUI lawyer should answer any questions you have regarding their efforts. You are the employer. They work for you. At the same time, you are part of the team as well. Here are some activities that good Mesa DUI defense or Criminal defense attorneys may do to build and mount a winning defense for your Criminal or DUI charges in Mesa:

• Gathering and examining evidence;
• Looking for exculpatory evidence (evidence to defend you);
• Obtaining independent experts to review test results or certain technical aspects of evidence or findings;
• Reviewing and examining police reports, the complaint, test results, photographs, and #911 call transcripts, to find weaknesses or flaws in evidence the prosecution will attempt to use against you.;
• Finding witnesses to interview or depose including detectives and arresting police officers;
• Finding and interviewing witnesses who may be willing to testify in your favor such as passengers in the vehicle or other witnesses at the scene;
• Based on the evidence (or lack of it) determine the best defense strategies that can be used to build your defense case;
• Filing Motions through the Mesa Court and Criminal Justice System in your defense and meeting important deadlines for those filings;
• Mounting your defense case against the prosecution. An good Mesa AZ DUI Lawyer will take every opportunity through the criminal justice system and use defense tactics to get evidence suppressed, reduction in charges, or a dismissal of your case. An experienced criminal defense or DUI lawyer will recognize those opportunities and act swiftly;
• Participating in court hearings, such as status or pre-trial conferences. These hearings focus on legal issues such whether or not certain evidence should be admitted or suppressed (not used against you); modifying pre-trial release conditions, and plea negotiations for the best outcome possible;
• Preparation compelling arguments for trial, conferences and the filing of motions;
• Your DUI attorney who will be defending you in Mesa Court will work with you and the prosecution, which is court approved to obtain mutually agreeable resolution to avoid the conviction and harsh sentencing that result from uncertain outcomes resulting from trial. Plea negotiations can include a more satisfactory resolution such as modification of the charges to lesser charges and sentencing, an agreement not to file new charges, sentencing of probation instead of jail time, reducing jail or prison sentences, dismissing a portion of the charges or a total dismissal of charges.

Make sure that the DUI and criminal defense criminal defense attorney, who will be representing you in Mesa AZ court, is able and willing to devote the time and effort and is needed to fight for a good outcome in your case and is qualified to take the necessary actions in your defense. Look for an attorney who has the credentials and a vast amount of litigation experience to do what needs to be done to prepare and build a successful defense on your behalf. If you are represented by such an attorney your chances of getting your DUI or criminal charges reduced or dismissed significantly increase.

Continue reading ""Why do I need a criminal defense attorney for my DUI?"" »

Ways to fight your Mesa AZ DUI Charges

If you were arrested for DUI in Mesa AZ you have the right to fight your DUI charges. The first step is to consult an experienced DUI or criminal defense attorney who defends DUI charges often in Mesa AZ.

It is difficult and close to impossible to get your DUI charges dismissed or reduced without legal representation from a good Mesa AZ DUI attorney. This is due to the fact that the state of Arizona has strict DUI laws, and severe penalties for conviction. On top of that, the unfamiliarity of the criminal justice system is overwhelming. Some feel like their situation is hopeless due to the maze of unfamiliar laws, procedures, protocol, defenses and constantly changing Arizona DUI legislation.

There should be no secrets as to Defenses can be used to fight DUI charges. The defense tactics that your Mesa DUI lawyer uses is based upon the particular evidence, and circumstances surrounding your Mesa DUI charge. Below is a sample list of categories of defenses that some the best criminal defense Attorneys in Mesa AZ use to fight DUI charges in Mesa AZ:

• Arguing the reason the Police pulled you over for the DUI Stop;
• Challenging police observations at the time of the stop or arrest with other third party eye witness testimony in your defense;
• Challenging evidence involving Field Sobriety Tests (FST). Results of FST results are very controversial. This is due to the subjective nature of the testing and results which often prove to be inaccurate or invalid. In fact, it is difficult for many people not impaired by drugs or alcohol to pass the FST according to the subjective nature of testing and results reported by the police.
• Questioning the appropriateness of the officer's conduct, or behavior in conjunction with the police officer's prior history of disciplinary actions;
• Challenging Breathalyzer, Blood, or Urine tests. Your Attorney will evaluate transport, storage, and handling of the samples. They will compare them to required procedures to make sure required protocol was followed. Accuracy of the tests results can be challenged by sending a sample taken at the time of arrest to an independent lab for examination.
• Obtaining evidence in your favor;
• Educating the prosecution and court regarding weaknesses or flaws in their case;
• Identifying violations of any of your Constitutional Rights.

Again, this is just a sample of a vast amount of defenses that can be used to help you fight your DUI. And the chances of getting a DUI dismissal or "not-guilty" verdict will increase significantly by retaining the legal representation of an experienced DUI defense attorney who defends DUI and criminal charges in Mesa AZ court.

Continue reading "Common Defenses use to challenge Criminal and DUI Charges" »

"A good Arizona Felony DUI lawyer educates the court on your defense, file motions, and present compelling arguments in your behalf throughout the Arizona Criminal Justice System. Top Felony DUI attorneys' goal is to get your Felony DUI dismissed, reduced, or otherwise best possible outcome in your case."

Felony DUI Court Process in Arizona
Arizona Felony DUI charges in Maricopa County are handled in the Superior Court. Each county has its own superior court. While the courts generally all follow the same procedures, the names of the hearing and the rules may vary by county. Generally the following apply to Arizona felony DUI cases:

1) Grand Jury Indictment
Felony criminal and DUI charges require a finding of "probable cause". In some cases, probable cause is found by a grand jury. A grand jury is a group of fifteen citizens who are presented evidence by the prosecutor. The grand jury must then decide whether or not there is probable cause of the alleged crime by the accused. At least 9 grand jurors must find that there is probable cause. This is a secret proceeding and the defendant and DUI defense attorney are not entitled to attend. Because of the one-sided nature of this hearing, there are special rules that require the prosecutor to make a fair presentation to the grand jury.

2) Initial Appearance
The initial appearance is generally the first hearing at which the defendant appears in court. It is a brief hearing where the defendant is informed of the charges against them. If arrested, release conditions, if applicable are provided by the judge.

3) Preliminary Hearing
A preliminary hearing is an alternative to a grand jury indictment. At the preliminary hearing the prosecutor presents evidence to the judge in open court. The defendant and Arizona DUI defense attorney are present and the DUI defense lawyer usually cross-examine the state's witnesses such as the police officer. The defense attorney may present its own witnesses. The judge will then determine whether or not probable cause exists. If there is no finding of probable cause, the charges against you for Felony DUI charges are then dismissed.

4) Arraignment
The purpose of the Arizona arraignment is to advise the defendant of the charges for which probable cause were found. It is at this time that the defendant enters a plea of guilty or not guilty. When a case is charged by a grand jury, the arraignment often takes place at the same time as the initial appearance.

5) Pre-Trial Conference
It is during the pre-trial conference that the defense attorney and prosecutor inform the judge the status of the case and any outstanding issues that require resolution by the judge. In some courts, a case that is not resolved by the time of the pre-trial conference may automatically be set for trial. Just because a case is set to trial does not mean it is actually going to go to trial. The Arizona DUI defense attorney may still be investigating the case and negotiating with the prosecution regarding any resolution.

6) Oral Arguments and Evidentiary Hearings
If there is an issue of law that must be decided by the judge a hearing will be requested and set for the judge to hear the arguments regarding the issue. This is an opportunity for the judge to ask the attorneys questions regarding their legal positions. It is also an opportunity for the judge to hear the testimony of witnesses which may be necessary to resolve the legal issue in question.

7) Pre-Trial Management Conference I
The parties are unable to negotiate a resolution of the case, and then it is set for a trial. Many, but not all, courts set a pre-trial management conference approximately one week prior to the trial date. It is during the pre-trial management conference that the Arizona DUI defense attorney and the prosecutor can discuss any last minute issues with the judge.

8) Trial
In Arizona, a person accused of felony DUI is entitled to a trial by a jury of eight to twelve people depending on the offense charged. During a jury trial, the judge makes decision regarding legal questions and the jury makes decisions regarding factual issues. It is the jury who decides whether the prosecutor has proven guilt beyond a reasonable doubt and you are guilty of the charges or not.
A felony DUI trial usually takes 3 to 5 days, although a case could be much longer depending on the issues and the number of witnesses. The jury's decision, whether guilty or not guilty, must be unanimous. It is all or nothing. If the jury is unable to reach a unanimous decision, then the judge will declare a mistrial. If a mistrial is declared, the case will be reset for a new trial.

9) Sentencing
If a person accused of an Arizona felony DUI is found guilty by a jury or guilty by a negotiated plea agreement the matter will be scheduled for a sentencing hearing. Usually sentencing takes place approximately 30 days after the finding of guilt. Prior to sentencing the defendant will meet with a probation officer who will prepare a pre-sentence report for the judge. The pre-sentence report gives the judge background information about the defendant and makes a sentencing recommendation to the judge. Sentencing is an opportunity for both defense and prosecution to present to the judge what they believe to be an appropriate penalty. The judge will then make a ruling and issue a sentencing order. The judge will then make a ruling and issue a sentencing order.

Arizona Felony DUI Defense ׀ Criminal Defense Attorney
Being arrested for a Felony DUI in and of itself is traumatic. But dealing with the aftermath is even more devastating. A good Arizona criminal Attorney will walk you through the maze of hearings, conferences, and protocol. High rated Felony DUI attorneys in Arizona will be your voice, and make sure your story is told, that you are being treated fairly, and do everything possible to assure that the Felony DUI charges have the least possible adverse effects on you as possible.

A good Arizona Felony DUI lawyer educates the court on your defense, file motions, and present compelling arguments in your behalf throughout the Arizona Criminal Justice System. Top Felony DUI attorneys' goal is to get your Felony DUI dismissed, reduced, or otherwise best possible outcome in your case.

Continue reading "DUI Felony Case Stages: Rules of Criminal Procedure" »

10 things top rated Attorneys may advise you to do after a DUI Arrest in Mesa AZ that may increase your chances of getting your DUI charges dismissed or reduced.

1) Consult a DUI attorney who defends DUI charges frequently in the Mesa AZ Court. The chances of getting a dismissal of your DUI, charges reduced, an acquittal, or other favorable outcome increase drastically if you retain a DUI Lawyer or criminal defense attorney to defend you.

2) Remain silent. By remaining silent you will help avoid damage to your defense case. If questioned by Mesa AZ police, or prosecution, politely say you wish to remain silent until your attorney is present. Unjust denial of your request is a violation of your rights and can lead to suppression of evidence or dismissal of your Mesa DUI charges.

3) Write a narrative. Include as much information as you can as can remember. Include events before, during, and after the arrest; discussions, questions and answers; food, drink or medication consumed; and names of witnesses or passengers that may be willing to testify on your behalf. Details that seem irrelevant to you may actually be something an experienced DUI attorney considers material to your defense.

4) Repair any vehicle problems that may have resulted in the DUI stop. This includes burnt out head or tail lights, turn signals, or whatever triggered the Mesa police to pull you over.

5) Get proper insurance and registration. If you were cited for failure to possess proper insurance or registration, get it. If you already had but were unable to provide proof of provide a copy of it to your Mesa DUI attorney, and keep the original for the court.

6) Pay Unpaid Fines or Traffic Tickets. The court will consider your past driving or criminal record to see if you have neglected any other prior driving violations or tickets. If so, this may have an adverse impact on your sentencing.

7) Photograph the location of the DUI stop. An experienced DUI lawyer will be able to recognize if there is anything in the photos, or lack of certain things, that police relied on to stop or arrest you that can result in cause to challenge facts or evidence.

8). Request a Motor Vehicle Hearing: If your driver's license was taken you must request a MVD hearing within 15 days or date otherwise set by the Motor Vehicle Department. Be sure to discuss your options first with your DUI attorney. There are consequences of requesting the hearing that differ from stipulating to a suspension.

9) Appear for your arraignment unless your Attorney advises you otherwise. This is the date on your ticket. If you do not have an attorney, you must appear for the arraignment. If you fail to appear, a warrant will be issued for your arrest. If you have retained a DUI lawyer, they will advise you of whether or not you will need to attend. In many cases your attorney can get have the arraignment vacated or can appear on your behalf.

10) Be on time for all court appearances you are required to attend. If you are late, this is considered ill regard and disrespect to the court and the seriousness of your DUI charges.

For more information about winning criminal and DUI defense strategies visit www.arizonacriminaldefenselawyer.com where you can download free AZ DUI defense books written by experienced attorney James Novak as well as DUI defense videos produced by James Novak, Mesa DUI Defense Attorney.

Continue reading "DUI Arrest Survival Guide: 10 Things you should do after a DUI arrest that will reduce the adverse impacts it has on your life" »

One Defense High Rated Criminal Defense Attorneys may use to defend Your Mesa, AZ DUI Charges

Mesa AZ DUI Charges
If you were stopped and suspected of a DUI in Mesa AZ, after questioning and some field sobriety testing, the police may have requested that you take a breath test with a Portable Breath Test (PBT) unit. If your Arizona DUI charges were based on the results of the PBT results alone, it can not be used as evidence against you. This scenario gives an experienced Arizona DUI Attorney a strong defense on your behalf that may lead to a dismissal of your Mesa DUI charges.

Breath Test Defense Tactics
Here are just two of many breath test results defense strategies that experienced DUI lawyers in Mesa AZ use to defend your DUI charges:

1. Proper Instructions Were Not Provided to You Prior to Taking the Breathalyzer Test.
Breathing tests machines should be calibrated to test no more than a 10 second long sample. If you were required to breathe into the machine longer than 10 seconds, your breath test results might have indicated a higher blood alcohol level than you actually had in your system.

2. Your Breathing Patterns Were Abnormal at the Time of or During the Breathalyzer test.

Naturally, most people become anxious or can experience anxiety after having been stopped for a DUI, and preparing to take a breathalyzer test. Symptoms of anxiety may peak to hyperventilation in some people. Abnormal breathing patterns such as hyperventilation, shallow breathing, or even refusal to breathe can interfere with an accurate breathalyzer test result.

Choosing a Mesa DUI Lawyer for your DUI Defense
If you have been arrested for a DUI in Mesa AZ you need to consult a good Mesa Arizona DUI lawyer or experienced criminal defense attorney who defends cases in Mesa Court as soon as possible. When you retain tell your Mesa DUI Attorney, if retained, every detail regarding the administration of your breathalyzer test and anything else you can remember regarding the DUI sobriety test, the administration of the breathalyzer test, blood test, questions the police asked you, how you answered, and anything other details regarding the Mesa DUI stop. What may seem irrelevant to you may actually be a viable defense tactic your Mesa DUI Lawyer can use to defend your case, get evidence suppressed or even get your DUI charges dismissed.
Make your Mesa DUI attorney is well versed in the constantly changing and strict Arizona DUI laws, familiar with all forms of DUI testing and their common flaws or weaknesses. Consider a DUI lawyer's qualifications, background, experience, and litigation skills. High rated DUI attorneys in Arizona know how and which DUI defenses will need to be used to based on your set of circumstances. Further the defenses must be used properly through the appropriate channels of the Arizona Criminal Justice System. Also, make sure the DUI attorney defends DUI charges on a regular basis in Mesa Court and is familiar with Mesa court procedures, protocol, the judges and prosecution.

Retaining a good DUI lawyer who defends DUI charges in Mesa AZ, is the best thing you can do to take control of your life and your Mesa AZ DUI charges following your arrest. It can mean the difference between getting the max due to a conviction, v. getting your case dismissed, charges and sentencing reduced, of a much better outcome in your case than if you tried to fight the system alone.

Continue reading "Alcohol DUI - DWI Defenses: Two ways to challenge DUI breath test evidence" »

Why You Should Consult a Good DUI Attorney after a Mesa DUI Arrest.

Top Arizona DUI attorneys who defend cases in Mesa AZ begin with the thought process of building a defense that will lead to getting your AZ DUI charges dismissed.

DUI Charges Mesa AZ
Arizona is one of the toughest states on DUI charges in the country. Further, Mesa Arizona aggressively prosecutes DUI charges and seeking Mesa DUI convictions. The DUI laws in Mesa are strict and penalties severe. If you have been charged or arrested for a Mesa AZ DUI, you should consult a DUI lawyer who defends DUI charges frequently in Mesa AZ as soon as possible.

DUI Charges in Mesa Arizona are subject to the Arizona State DUI laws and penalties. Punishments for a conviction of even a first time DUI in Arizona may include mandatory jail time, suspension of driver's license, fines, fees, probation, mandatory counseling, and court ordered interlock devices on your vehicle to be installed at your expense.

Arizona Felony DUI or Aggravated DUI charges often include harsh penalties such as lengthy prison terms, suspension of driver's license, exorbitant fines, fees, probation mandatory counseling at your cost, and court ordered interlock devices on your vehicle to be installed at your expense. The Mesa AZ court is especially harsh on repeat offenders. Penalties will be based on the following:

• Misdemeanor DUI, v. felony DUI or aggravated DUI,
• How high your Blood Alcohol Content (BAC) or the amount of other toxic substance or drug in your system,
• First DUI, Second DUI, Third DUI, or other repeat offense,
• Age of the defendant,
• Other criminal charges or offenses that were coupled with your DUI,
• Any prior criminal record,
• Arizona DUI Laws for minimum and maximum penalties,
• Other aggravating factors surrounding your DUI arrest or charges
• Any other punishments the judge deems necessary and appropriate

DUI Attorneys Mesa AZ
Resist the temptation of seeking counsel from a friend regarding your DUI instead of a qualified Arizona DUI attorney who defends cases in Gilbert AZ. If you consult someone who is not a licensed Arizona DUI or criminal Defense Attorney in Arizona, you may not be getting accurate advice. In fact, you may be getting advice that could cause you to jeopardize your defense. You need to consult a Mesa DUI defense attorney who knows the Arizona DUI laws inside and out, current legislation, changing laws, defense strategies, and be experienced in defending cases in the Arizona criminal justice system. If you have Mesa AZ DUI charges of any kind, you will need to be properly defended by a qualified DUI lawyer in Arizona in frequently defends DUI charges in Mesa Court. By doing so, you will increase your changes of facing the maximum sentences under the law, and even increase your chances of possibly getting the charges dismissed. Without a good Arizona DUI attorney, you are jeopardizing your freedom, future, job, and more that is at risk.

Be sure that the Arizona DUI defense attorney is experienced and defends cases often in the jurisdiction or city where you were arrested and received formal DUI charges or criminal charges. For example if you were arrested in Mesa Arizona for DUI, but you reside in Phoenix AZ, your DUI charges will be filed in Mesa Arizona, and your case will be required to go to court in Mesa AZ. Make sure your DUI attorney defends DUI or criminal charges frequently in Mesa Arizona. It will benefit your defense if your DUI Lawyer is familiar with the Mesa criminal justice system, the court, the prosecution, and judges to hear DUI cases on a frequently in Mesa AZ. In the least, make sure the attorney you consult, or retain is licensed to defend DUI cases in the state of Arizona.

Mesa AZ DUI Defenses
Top Arizona DUI attorneys who defend cases in Mesa AZ begin with the thought process of building defense strategies that will lead to getting your Mesa DUI dismissed.

An experienced Mesa DUI attorney will gather all the evidence, examine your case, determine if any of your constitutional rights were violated, and determine what defense strategies to utilize and yield you the best outcome. Good DUI defense lawyers in Mesa AZ will know when and how to present their compelling arguments in your favor to get your charges dismissed. Depending on the strength and/or weakness of the prosecutions case, your Mesa DUI lawyer will investigate, examine the evidence, to determine if any evidence can justifiably be suppressed (not used against you).

If the charges can not be dismissed, they will then attempt to negotiate with the prosecution a way of getting the charges reduced to a lesser charge, for example: a criminal charge down to a non-criminal charge, a felony to a misdemeanor, an extreme DUI to a non-extreme DUI and reduce the DUI penalties against you. In other words, in absence of being able to get the Arizona DUI charges dropped, a good AZ DUI defense attorney will make every effort to get the best possible outcome in your case.

Continue reading "DUI Sentencing Guidelines: Factors considered or sentencing for DUI convictions" »

Marijuana Defense Mesa AZ | Mesa DUI Lawyers
"Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of it even if a month went by since you smoked or used it. If the Marijuana did not impair your ability to drive, is it fair to convict and prosecute you of a Drug DUI? Top Mesa DUI Defense Lawyers think not, and will present compelling arguments and file appropriate motions in your defense."

Mesa DUI Drug Charges
If you have been arrested or charged in Mesa with a DUI with Marijuana (Pot, Grass, Weed, Cannabis) in Arizona you will face serious consequences if convicted. You should contact an Arizona Marijuana DUI or Drug DUI lawyer in Arizona to discuss your charges and defense options. This means you can get a DUI without ever taking even one drink of alcohol and are subject to some of the harshest penalties in the country.

Mesa DUI Testing Arizona
If Mesa police stop you because they suspect you of DUI in Mesa, AZ, they will usually begin investigating by asking you some questions. Next, they will ask you to participate in field sobriety testing. Note: By law you do not have to submit to the field sobriety test. But you should know that the risk exists in that you could be arrested on the spot by the Mesa police officer. Following the field sobriety test, you may be asked to take a preliminary breathalyzer test with a portable unit. The portable breath unit results can not be used to prosecute you, because the portable units are not as accurately calibrated or maintained. If the portable breathalyzer test results read positive for any alcohol in your system, the officer will proceed to request an official breathalyzer test.

This is the reason for two breath machine tests. With regard to the official DUI
breathalyzer, typically you will be given two breath tests on it for comparison and the police efforts for accuracy. So potentially, you may get 3 total breath tests--one on a portable unit, and two on the official breathalyzer.

A good DUI Chandler defense lawyer will examine the validity and accuracy of all the official test unit results. In some cases it can be argued by your defense that the results not are admissible for a variety of flaws or errors that commonly occur related to maintenance of the unit, human error of conducting the breath test, or tests conducted outside required protocol.

If the breathalyzer test turns up negative, and the Mesa police have reason to continue to suspect you of driving impaired due to being under the influence of drugs or other substances, they will usually proceed with drug testing. If you refuse the breathalyzer or drug testing, and police have legal and just cause for the testing, the police officer will obtain a warrant from the judge and will get the testing anyway. A refusal will also cost you a suspension of your license.

Drug DUI Testing for Marijuana in Mesa, AZ
The primary testing for a Marijuana DUI in Arizona is urine testing, and blood testing. This testing involves looking at levels of THC (Tetrahydrocannabinol) in your system. . THC is the primary psychoactive ingredient in Marijuana. Arizona DUI prosecutors insist that urine and blood testing are accurate. But the truth of the matter is that both forms of testing, are surrounded by controversy, and like any blood or urine test may contain, flaws, weaknesses, and inaccuracies, and are subject to both human and technical errors.

Arizona criminal defense and DUI lawyers argue that a common problem with Marijuana DUI testing is the fact that Marijuana can commonly stay in a person's blood stream or urine for up to 30 days, shorter or longer. The speed for which Marijuana leaves the body varies by individual based on many factors. Tests results can also be affected by these factors as well as additional variables including but not limited to the following:

1) Amount of Marijuana smoked or used,
2) Your individual metabolism rate,
3) How often you smoke or consume Marijuana,
4) Whether or not you have taken any detoxifying products,
5) The most recent or last time smoked or consumed Marijuana,
6) The speed or pace at which you smoked or consumed marijuana,
7) Fluid and food intake prior to the testing,
8) Other Drug Toxins that may found be in your system

Mesa Drug DUI Lawyers - Marijuana Drug DUI Defenses
Due to the length of time it takes for the human body to expel Marijuana, testing could prove positive for traces of Marijuana you smoked a month ago, or longer. If those traces of Marijuana did not impair your ability to drive to the slightest degree, is it fair to convict and prosecute you of a DUI? Top Mesa DUI Lawyers think not. Good Mesa criminal defense attorneys will know what to look for, and how to present compelling arguments and file appropriate motions in your defense.

Penalties are severe for any type of DUI in Mesa, AZ, including Drug DUI or Marijuana DUI. You will need a strong defense from a good Mesa criminal defense attorney, DUI lawyer or Drug DUI attorney. A good Mesa DUI attorney in Arizona will consider all the facts; examine the evidence; examine accuracy of test results that the prosecution plans to use against you, interview or depose witnesses including arresting police officers; determine if the testing methods were proper; blood draw procedures; check expiration on testing kits and their prior maintenance, storage of test samples; credentials of the person (s) to conducted the testing; determine if any of your constitutional rights were violated; and many consider the many defenses that can be used for Drug DUI or Marijuana DUI charges. Then your Mesa DUI lawyer will determine what the best defense strategy will given your set of circumstances, to try and get your charges dismissed, reduced, or the otherwise best outcome in your case.

Continue reading "Marijuana DUI Testing Mesa AZ | Drug DUI " »

To make a DUI arrest in Mesa, the Police Officer must have "probable cause" to make an arrest. This is a higher standard than "reasonable suspicion" needed to make a DUI stop. If your DUI defense attorney in Mesa files a motion to dismiss for lack of "probable cause" to arrest, and the Mesa Court agrees, then what occurred after the arrest including breath or blood test then is not admissible or relevant. Depending on the circumstances your Mesa DUI lawyer has a compelling argument to make which may lead to a total dismissal of your Mesa AZ DUI charges.

Mesa DUI
This is just one of many factors a Mesa DUI lawyer will examine and challenge in your Mesa DUI defense. But you will not get that benefit without a good Mesa DUI criminal defense or Mesa DUI lawyer. DUI Charges in Mesa AZ are serious, and carry some of the harshest penalties in the country. If you were charged or arrested for a Mesa DUI you will need an experienced Mesa DUI Attorney or an Arizona Attorney who defends charges frequently in the Arizona courts, to defend your Mesa DUI charges.

Below are just a few of many common defenses that an experienced criminal defense or DUI Attorney in Arizona may use to defend your case. Excerpts are cited in part from the Arizona Winning DUI Defense Strategies © Book Series, "101 Arizona DUI Defenses" © written by experienced Arizona DUI Attorney James Novak:

Top DUI Defenses - To Name a Few

ILLEGAL STOP OF PERSON OR VEHICLE - Were you legally stopped by the Mesa police?
The United States Supreme Court has held that an officer must have a reasonable suspicion of a criminal or traffic offense to stop a vehicle. If the officer did not have a reasonable suspicion, then the remedy may call for a dismissal of your Mesa DUI charges. The officer must be able to substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. Weaving within one's own traffic lane for a short distance or making a wide turn should not justify a hunch that the driver is drunk driving or impaired by drugs or other toxic substances.

THE MESA POLICE DID NOT HAVE PROBABLE CAUSE TO MAKE THE ARREST - Was there probable cause to arrest you?
The Mesa Police Officer's burden of proof is even greater to arrest you than it is to make the initial stop. The standard for an officer to stop a vehicle, the officer must have merely a "reasonable suspicion" that a traffic infraction or other violation of the law was committed. But to make an arrest, the level rises to a higher standard, which is that "probable cause" to arrest. If a motion to dismiss for lack of probable cause to arrest is made, the court then considers all facts gathered by the officer before the arrest. What occurred after the arrest: the breath or blood test then is not relevant. Based on the facts, the case may be dismissed.

BLOODSHOT AND WATERY EYES - Did the officer claim your eyes were bloodshot or watery?
The police officer would need to have known how your eyes typically look on a daily basis. This appearance of your eyes may be normal for you. There are a variety of reasons that exist for discoloration, bloodshot or watery eyes including, smoke, allergies, flu symptoms, or simple fatigue. The police officer will be forced to admit that they don't know how long you had been awake, what eye strain you may have had during the day, or what other factors existed that contributed to cause the appearance of watery or bloodshot eyes. "Glassy eyes" are not indicated as a clue of cause being intoxication by the National Highway Traffic Safety Administration (NHTSA). A 1997 NHTSA study bloodshot eyes were removed from the list of impairment clues since there were so many other possible causes exist besides excessive alcohol.

DUI Defense Attorneys Mesa, AZ
To go through the criminal justice process or Mesa Court unrepresented for your DUI charges by a good Mesa DUI lawyer or criminal defense attorney, is simply a recipe for a swift DUI conviction. Without the defense of a qualified Mesa DUI lawyer you are putting your life, freedom and future into the arms of the person who wants to convict you. That is, the Mesa Court Prosecutor. Their job is not to help you get a good outcome, find flaws in their case against you, or try to get your Mesa DUI charges dropped. They work closely with the police to convict you.

Many of the best Arizona DUI Attorneys agree that if you face DUI charges in Mesa AZ, you should retain an Arizona DUI lawyer to defend your case, preferably one who defends DUI charges often in Mesa Court often. Without the qualified defense of an experienced DUI attorney, you are setting yourself up for a swift and harsh DUI conviction. A good DUI lawyer in Arizona will fight to make sure your constitutional rights are protected, examine the evidence, build the most solid and effective defense possible, attempt to get your DUI charges dismissed, reduced or otherwise the best outcome in your case.

For more Arizona criminal defense help, DUI defense help, free DUI defense books, and free DUI and criminal defense videos and many DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit

Continue reading "MESA DUI LAWYERS | TOP DUI DEFENSES" »

"A good Mesa DUI defense attorney will investigate to determine if the police met the standard of 'probable cause for arrest'. If not, an experienced Mesa DUI defense Attorney will aggressively challenge the arrest and present compelling arguments necessary to lead to a dismissal of your Mesa DUI charges."

If you were arrested in Mesa AZ for DUI, you should consult a Mesa DUI Attorney or criminal attorney who defends cases often in Mesa through the criminal justice system. Most qualified Mesa criminal attorneys and DUI defense attorney who defend DUI charges in Mesa AZ provide free consultations. They should give you helpful information about your charges, and defense options.

Probable Cause for Arrest in Mesa AZ
From a defense standpoint, your Arizona DUI Attorney may be able to get your Arizona DUI dismissed by using one, more or a combination of defenses. One common defense is "No Probable Cause for Arrest". By law, the police must have "reliable information which "would lead a reasonable person to conclude that criminal activity has been or is being committed prior to the arrest". Unless probable cause exists, the arrest is unconstitutional and therefore invalid. The fourth amendment of the United States Constitution specifically requires among other things, that arrests and arrest warrants be supported by Probable Cause". Note "probable cause to arrest" carries a higher standard than "reasonable suspicion to stop" or detaining a driver for DUI or other questioning.

Probable Cause | What it Means
Probable cause means the police need to have actual evidence and facts including but not limited to such evidence as field sobriety tests, breath tests, and/or chemical tests results based on the circumstances. The law enforcement official needs to have "enough to cause a reasonable person to believe that a crime has been committed." The Mesa judge and Court need to hear this actual evidence and the specifics that led to your Mesa arrest. Assumptions, accusations, opinions, biased unsubstantiated conclusions, and evidence that can not be measured is not acceptable or probable cause for an arrest. A good Mesa DUI defense attorney will investigate to determine if the police met the standard of probable cause for arrest. If not, an experienced Mesa DUI defense Attorney will aggressively challenge the arrest and present compelling arguments necessary to lead to a dismissal of your DUI charges.

Mesa DUI Penalties
The Arizona State Laws apply to DUI Charges in all jurisdictions in Arizona, including Tempe AZ, Phoenix AZ, Gilbert AZ, Mesa AZ, Chandler AZ, Scottsdale AZ, Maricopa County or any other city Arizona. Arizona DUI laws are strict and penalties are among the most severe in the United States.

A DUI conviction of any kind can have such negative impacts on your life as loss of job or future job opportunities, loss of driver's license, costly fines and fees, mandatory incarceration in jail or prison, court ordered ignition interlock devices to be installed in your vehicle at your expense, probation, counseling, and any other penalties the Mesa AZ court deems necessary. The sentencing is based a based on a host of factors including but not limited to criminal history; first time or repeat offense; misdemeanor DUI or felony DUI; aggravated factors surrounding the DUI including DUI with accident or injury, drunk driving with a person aged 15 or younger; other offenses charged at the time of the DUI arrest, and other factors.

Arizona DUI - Defenses
It is important to understand that an Arizona DUI charge is not a conviction. You can challenge your DUI charges. This is best done by retaining good DUI defense Lawyer in Arizona you can fight your charges, challenge the evidence to try to get your case dismissed, charges reduced, or otherwise a better outcome in your case, than if you have not hired an attorney.

There are many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the "Arizona Winning Defense Strategies" ©" and "101 DUI Defense Strategies"© Books, written by a experienced DUI Defense Attorney and Arizona DUI defenses Author, James Novak, whose law firm is 100% devoted to defending DUI and criminal charges in Maricopa County. Abridged versions of all three books can be downloaded free of charge at www.arizonacriminaldefenselawyer.com.

Defense strategies are determined by your qualified Arizona DUI Attorney who will be defending your case. An experienced DUI defense Attorney will strategically choose the appropriate defenses based the particular circumstances surrounding your Mesa DUI charges and arrest. Your Arizona DUI lawyer will present it with compelling arguments to the judge, Mesa Court, prosecution through the proper legal channels and criminal justice system.

DUI Defense Attorney Arizona and the Criminal Justice System

Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome with the retention of a good Arizona Criminal Defense or DUI Attorney increase drastically. Many people consider the Mesa Arizona criminal justice system and Mesa Court to be a maze of complex rules, guidelines, and protocols. You will need an experienced Arizona criminal defense attorney or Arizona DUI lawyer who regularly defends Arizona DUI charges through the criminal justice and court systems. A good Arizona DUI Lawyer will investigate, examine all evidence, build a strong defense challenge charges and the evidence, attend Motor Vehicle Hearings, Arraignments, Pre-trial Conferences, Suppression or Evidentiary Hearings, defend you at trial if a trial is needed and you have arranged in advance for your attorney to do the trial. In sum, the best Arizona DUI attorneys will do everything possible to get your Arizona DUI charges dismissed, reduced, or the best alternative outcome in your case.

If you have been charged with any Arizona DUI, Extreme DUI, Super extreme DUI, Accident DUI, Second DUI, Third DUI (or more), Drug DUI, Medication DUI, Prescription medication 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 Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Scottsdale, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Mesa, Scottsdale, Phoenix, Gilbert, Chandler, Tempe or surrounding cities within Maricopa county, Arizona valley-wide.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

Mesa DUI Attorney

"You have the right to fight your Mesa DUI through the criminal justice system. A good Mesa DUI defense Lawyer will challenge the evidence, build a defense, and attempt to get your charges dismissed, or reduced. In any event, you will usually get a much better outcome with a Mesa DUI defense attorney, than if you go without qualified private DUI legal representation."

Mesa DUI laws are strict and Mesa DUI Penalties are some of the most severe in the United States. Even first time Arizona misdemeanor DUI convictions carry harsh punishments. Arizona Felony DUI convictions are so severe, that they adversely impact the rest of your life. If you have been arrested in Mesa for DUI you should consult a Mesa Criminal Attorney or Arizona criminal defense attorney who defends DUI charges in the Mesa Court and criminal justice system frequently.

The Arizona State DUI Laws apply to Arizona DUI charges, no matter if your case is in Tempe AZ, Phoenix AZ, Gilbert AZ, Mesa AZ, Chandler AZ, Scottsdale AZ, Maricopa County or any other cities and counties within the State of Arizona's jurisdiction.

Arizona DUI Penalties
A DUI conviction of any kind can have negative impacts on your life as loss of job or future job opportunities, loss of driver's license, costly fines and fees, mandatory incarceration in *jail or *prison (see below), court ordered ignition interlock devices to be installed in your vehicle at your expense, counseling, probation and whatever the Court deems necessary and appropriate for your situation. If you are convicted the factors considered in sentencing include but are not limited to the following:

• Type of DUI (misdemeanor DUI or felony DUI)
• First Time v. Repeat Offense
• Prior Criminal history
• Aggravating Factors
• Level of Blood Alcohol Content (BAC) found to be in your system
• Amount of Drug or Substance found to be in your system
• Other criminal offenses committed at the same time as the DUI

*Arizona DUI Jail Sentencing Minimum Guidelines

Below are jail or prison guidelines for DUI convictions. Note this chart does not include other penalties or punishments that apply for Mesa 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 (DUI with aggravated classification.....4 Months in Prison
.
After an Arizona DUI Arrest
In general what follows a Mesa DUI arrest will include events that will best be served and give you the best chance at a good outcome by retaining a good Arizona criminal defense attorney who defends DUI charges in Mesa AZ or Mesa DUI lawyer. The main events include but are not limited to the following:

1) Motor Vehicle Hearing
2) Arraignment
3) Pre-trial Conference
4) Suppression or Evidentiary Hearing
5) *Trial
6) Sentencing

*Although the number fluctuates, statistics show that in Maricopa County only about 2% to 3% of DUI cases ever go to trial. The remaining cases are either

Arizona DUI Defenses
An Arizona DUI charge is not a conviction. You have the right to fight your Mesa DUI through the criminal justice system. A good Mesa DUI defense Lawyer will challenge the evidence, build a defense, attempt to get your charges dismissed, reduced. In any event, you will usually get a much better outcome with a Mesa DUI defense attorney, than if you go without qualified private DUI legal representation.

There are many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the "Arizona Winning Defense Strategies" ©" and "101 DUI Defense Strategies"© Books, written by a experienced DUI Defense Attorney and Arizona DUI defenses Author, James Novak, whose law firm is 100% devoted to defending DUI and criminal charges in Maricopa County. Abridged versions of all three books can be downloaded free of charge at www.arizonacriminaldefenselawyer.com.

The defense strategy that to be tailored and built by a qualified Arizona DUI Attorney will be based largely on the circumstances, details, and evidence surrounding your Arizona DUI charges. It must then be presented with compelling arguments by your AZ DUI defense lawyer in the most effective way possible through the proper legal channels.

Arizona DUI Attorney
Your chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome with a good Mesa Criminal Defense or Mesa DUI Defense Lawyer increase drastically. Some feel that the Mesa Arizona court and criminal justice system are a maze of strict rules, guidelines, and protocol. You will need strong DUI legal representation, such as an experienced criminal defense attorney or DUI lawyer who regularly defends Arizona DUI charges in Mesa AZ.

A good Arizona DUI Lawyer will investigate, examine all evidence, build a strong defense tailored to the circumstances surrounding our Arizona DUI, present compelling arguments, challenge the prosecutions evidence and do everything possible to get your Arizona DUI charges dismissed, reduced, or the best alternative outcome in your case.

If you have been charged with any Arizona DUI, Extreme DUI, Super extreme DUI, Accident DUI, Second DUI, Third DUI (or more), Drug DUI, Medication DUI, Prescription medication 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 Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Mesa, Scottsdale, Phoenix, Gilbert, Chandler, Tempe or surrounding cities within Maricopa county, Arizona valley-wide.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

What a good Arizona DUI Lawyer Who Defends Arizona Felony DUI Charges will do to Defend You.

"Your Best Defense against a Felony DUI Conviction is a good Arizona DUI Lawyer who knows what defenses to use to fight your Arizona DUI Felony Charges."

If you were charged with an Arizona Felony DUI, you will need to consult a DUI Attorney with proven success in defending Arizona DUI cases. The State of Arizona is tough on any kind of DUI, and especially Felony DUI charges. They aggressively pursue convictions and work closely with law enforcement officials and prosecution to get them. The last thing they want to do is help you and your defense. They don't care who you are or how such severe charges would impact your life and future. You should consult an experienced Arizona DUI Attorney who regularly defends Arizona Felony DUI charges. Without a good Arizona criminal Defense lawyer, or Maricopa DUI Attorney, you are at a dangerous disadvantage. Without a good Arizona DUI lawyer, your chances of getting a dismissal, or any reduction in charges are slim to none.

Aggravated DUI, Felony DUI Laws in Arizona
Whether you were arrested for Felony DUI or Aggravated DUI in Phoenix AZ, Mesa AZ, Tempe AZ, Chandler AZ, Scottsdale AZ, Gilbert AZ, Maricopa County AZ or any other county or city in Arizona the rule of law falls under the authority of Arizona State Law and criminal codes in the following citation:

"A.R.S. 28-1383. Aggravated driving or actual physical control while under the influence; violation; classification; definition"

Aggravated DUI, Felony DUI Penalties in Arizona
Felony DUI charges are also known called "Aggravated DUI charges". Felony DUI convictions have much more serious punishments than a Misdemeanor DUI. Arizona Felony DUI or Aggravated DUI convictions carry some of the most severe sentences in the Country. Sentencing can include up to 4 months or more in prison, large fines and fees, restitution, loss of your driver's license, use of Ignition Interlock device on your vehicle, counseling, mandatory treatment programs, probation, and whatever else the court deems necessary. Sentencing for certain types of Aggravated DUI charges carry lengthy incarceration and prison terms.

Felony DUI Arizona Defenses | Aggravated DUI Lawyer
Your best defense against a Felony DUI Conviction is a good Arizona DUI Lawyer who knows what defenses to use to fight for a dismissal of your Arizona DUI Felony Charges. Your Maricopa County Arizona DUI or AZ criminal defense Attorney must have a vast of amount of criminal defense, DUI litigation experience, special training, education, and the ability to use all possible defenses under by Arizona law to build and mount an effective defense case against the Arizona Felony DUI prosecution. With a good Arizona or DUI Lawyer or Criminal Defense Attorney, you may even get your charges dismissed completely, reduced from a Felony to a Misdemeanor, or reduced to something as small as a civil traffic citation. It does not happen every time, but it happens often enough, that it is a big mistake not to hire a good private practice Arizona DUI Lawyer to defend you. Getting a case dismissed or charges reduced, requires dedication, aggressive and experienced legal representation by a proven and successful Maricopa County DUI Attorney, Arizona Felony DUI attorney, or Arizona criminal defense attorney.

There are many, many defenses that can be used, and evidentiary issues that can be challenged in your Arizona Felony DUI charges. Which defenses to use are based on the particular set of facts, the evidence, and circumstances surrounding your Arizona Felony DUI charges. Many of these defenses are cited in detail in the Winning Defense Strategies Book Series ©"#1 Arizona DUI Defense" © and "101 DUI Defense Strategies"© written by successful and proven DUI Defense Attorney, and Author James Novak. Abridged versions of his Arizona winning defense strategies series of books can be downloaded free of charge to the public simply by visiting www.arizonacriminaldefenselawyer.com. Your Arizona DUI defenses and your constitutional rights should be no "secret". A successful defense requires the offense of a good attorney, who is dedicated to defending each and every client, work hard, and have a vast amount of knowledge and experience, and understands which defenses to use when, and under what conditions. You deserve no less, and your have the constitutional right to be defended by an Arizona DUI Attorney.

There is a big difference between knowing your rights and defenses, and actively utilizing those defenses. It must be done in the proper way, through the proper legal channels and in accordance to the maze of court protocol and procedures that are followed. Otherwise the defenses are useless to you. An experienced Arizona DUI Lawyer knows exactly what to do, when and how to do it (which motions to file, when to file them, when to negotiate with the prosecution and under what conditions). Unfortunately, many people make the dangerous mistake of trying to represent them selves without hiring an attorney. A person may have all the best intentions and say or do something they think is helping their case. But in fact, they learn later, they only incriminated themselves further and helped make the prosecutions case stronger to convict them. You have the right to remain silent---use it. Let your Private Practice DUI Attorney or Arizona criminal defense lawyer who defends Felony DUI charges in Arizona Courts on a regular basis do this on your behalf. They will be the wall between you and the prosecution. They will know what to do, when, and how to do it, and is act and speak in your defense on your behalf. With an experienced, dedicated Felony DUI Lawyer, your chances of getting a dismissal, reduction of charges or the best outcome possible will drastically increase. It's something that you can't afford to go without, if you want a second chance at freedom, and to take control of your Arizona Felony DUI.

If you have been charged with any Arizona DUI, Aggravated DUI, Extreme DUI, Second DUI, Third or more DUI charges, DUI Under age 21, Drug DUI, Aggravated DUI with child under 15 in vehicle, Felony DUI, Any Drug Charges, Drug possession charges, Drug sales, Drug Distribution, Drug Trafficking, Drug smuggling, Drug Importation, Drug Transportation, Drug Cultivation, Drug Manufacturing, Misdemeanor Drug charges, Felony Drug charges, Dangerous Drugs, Narcotics, Marijuana, or any other criminal charge including theft, assaults, aggravated assault, domestic assault, sexual assault, police assault, domestic violence, probation violations, robbery, theft, burglary, vehicular assault, weapon charges, gun charges, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Phoenix, Mesa, Tempe, Chandler, Scottsdale, AZ, and other cities surrounding areas valley-wide in Maricopa County Arizona. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

Mesa Extreme DUI

"...with a Mesa extreme DUI attorney, your chances of getting evidenced suppressed, charges reduced (to a non-extreme, or civil traffic violation for example), or a complete dismissal of charges or other good outcome on your case drastically increase."
Extreme DUI Penalties Mesa, AZ

A Mesa DUI in Arizona is classified as an "Extreme DUI" when a person's Blood Alcohol Content (BAC) Level is more than 0.15%. The Mesa police usually find out a driver's BAC by means of a breathalyzer machine test or blood sample test. Even if it is your first AZ DUI conviction the sentence is severe requiring mandatory jail time. The higher the BAC the harsher the Arizona DUI penalties will be. In addition to jail or other incarceration additional penalties may be ordered by the court including fines, fees, probation, court ordered use of ignition interlock device on your vehicle, loss of your driving privileges and any other punishments depending on the circumstances surrounding your charges and conviction

Extreme DUI Defenses Mesa AZ
Defending an Extreme DUI in Mesa, AZ requires the strong defense and litigation skills of an experienced DUI lawyer who defends DUI charges frequently in Mesa AZ Court on a regular basis. There are many defenses that can be used. Many evidentiary issues can be challenged, all under the appropriate circumstances. Many of these defenses are cited and discussed in detail in the Winning Defense Strategies Book ©"#1 Arizona DUI Defense" and "101 DUI Defense Strategies" © Book, written by a successful and experienced DUI Defense and trial Attorney James Novak. Abridged versions of these and additional AZ criminal and DUI defense can be downloaded free of charge to the public at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html

Arizona Extreme DUI Laws
Mesa extreme DUI charges, extreme DUI penalties, DUI sentencing, DUI definitions all fall under the strict rule of Arizona State Law DUI and criminal codes:

28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:

1. 0.15 or more but less than 0.20. (Cited in Part)

Extreme DUI Lawyer Mesa, AZ
Your Mesa DUI Attorney will explain Arizona DUI Laws, and defenses, and your constitutional rights in your situation. Know that is a great difference between knowing defenses are, and executing them in order to challenge evidence and charges. This is why you need the defense of a good Mesa DUI lawyer, who defends cases in Mesa AZ on a regular basis.

Some people charged with extreme DUI in Mesa AZ feel that out of necessity they must try to fight their DUI charges alone without good private practice DUI Attorney who defends DUI charges in Mesa on a regular basis. Unfortunately, they find out sooner than later that it is the quickest way to get a conviction, with no break or mercy in sentencing, jail, fines, fees, interlock device, probation, restitution if applicable, and be far more costly than if they had hired a Mesa Extreme DUI Attorney. Also, it makes the prosecutions job easier if you don't hire a private practice DUI attorney. It helps make their case stronger. At every turn they will skillfully try to get you to incriminate yourself further. Also, there may be important evidentiary or constitutional right issues that may have perhaps seemed unimportant or even meaningless to you, but are actually material to your defense. A good Mesa DUI defense lawyer will recognize and use it in your favor. The prosecution will not offer it, or bring it to your attention to help you defend yourself. There are deadlines, motions to file, conferences hearings, settlement negotiations, and strict court procedures must be strictly complied with. The Mesa Court and processes can be an overwhelming maze to get through without an experienced Mesa DUI attorney who deals with it on a daily basis.

With a Mesa extreme DUI attorney, your chances of getting evidenced suppressed, charges reduced (to a non-extreme, or civil traffic violation for example), or a complete dismissal of charges or other good outcome on your case drastically increase. A Mesa DUI lawyer with experience in defense and a strong litigation back ground will be well versed and familiar with AZ DUI laws, Mesa Municipal Court, defense strategies, examining evidence and challenging it to defend your Mesa DUI charges. You need a strong DUI defense Attorney to build that wall of protection between you, the police and prosecution. You need someone knows how to gather and examine all evidence available, retest blood sample evidence, protect your constitutional rights, and educate and present your defense to the judge, prosecutors, and or jury.

If you have been charged with any Mesa Arizona 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 Mesa DUI, Mesa Drug DUI, or any other criminal charge including theft, assaults, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Mesa criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

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"An Experienced Mesa DUI Lawyer may be able to
reduce your DUI to a lesser charge, with lesser or no jail or prison sentence or even get your DUI charges dismissed completely."

Mesa DUI (Driving under the Influence) aw is governed by Arizona State Law DUI conviction includes mandatory jail or prison sentences depending on the severity and classification and circumstances surrounding your Mesa, AZ DUI charges, and the circumstances surrounding your DUI charges and arrest. If you have been charged and arrested, you still have a constitutional right to a defense. A DUI charge is not yet a DUI conviction. A Mesa Drunk Driving charge is just the beginning. An experienced DUI lawyer who defends cases in Arizona Court will among other things, make you're your DUI charges are justified, that there were no constitutional rights violations, and look for weakness or flaws in the prosecution's case. "An Experienced Mesa DUI Lawyer may be able to reduce your DUI to a lesser charge, with lesser or no jail or prison sentence or even get your DUI charges dismissed completely." There job is to fulfill your constitutional right to a defense. And a good Mesa DUI Attorney's job is to use every available means through legal channels to do that.

Important Note: Depending on the severity, circumstances and classification of the Mesa, AZ DUI charges Mesa AZ DUI convictions will include other penalties such as fines, fees, costs, probation, counseling, ignition interlock device, criminal record, and other punishments in addition to jail or prison time. Also, the jail or prison time may fluctuate depending on the facts of your case and criminal history, if any.

Often, the first question many people have who faces Mesa DUI charges is "If convicted, will I go to jail or prison and for how long?" The following is discusses the portion of the Arizona State Law that relates to the incarceration portion of DUI conviction sentencing. Remember, the answer may not be the same for everyone in every situation. Some Judges have discretion to increase the penalties and sentencing depending on your specific set of circumstances, criminal history and whatever the judge deems appropriate.

Arizona DUI Minimum Incarceration Sentencing Guidelines paraphrased 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 (DUI with aggravated classification.....4 Months in Prison

The Mesa Court and Mesa Prosecutor will not do anything to help you defend your case. They want Mesa DUI convictions. If you choose to go unrepresented (not recommended), basically your side of the story will be ignored. In fact, without DUI legal representation and guidance by an Arizona DUI Lawyer or Criminal Defense Attorney who defends DUI charges frequently in Mesa Court, you may unknowingly be incriminating yourself further. The Mesa Prosecution and Mesa Court gets a fast conviction with little work when a defendant goes unrepresented. And without proper legal representation your attempts at defending yourself could make matters worse.

Your AZ DUI Attorney defending your in Mesa Court for your DUI, will be familiar with protocol, experience in frequent DUI litigation, understanding of Arizona law and changes in Arizona State law, Case law (other cases that may effect yours), and most importantly will know well what defenses can be used to build and mount a successful defense on your behalf. A good DUI Attorney in Arizona will do everything possible to get your case dismissed or a reduced sentence based on weaknesses in the prosecutions case. They will be the barrier between you and the Mesa Prosecution. They will be your voice of legal defense reason, and mount a strong defense on your behalf with the goal of make your rights are not violated, and that your future and freedom are protected.

If you have been arrested for any Mesa Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, Felony DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Mesa DUI, Mesa Drug DUI, or any other criminal charge including theft, assaults, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Mesa criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "Mesa DUI Penalties Require Jail Time For Arizona DUI Convictions" »

A Mesa DUI Defense is something that allows your Mesa DUI Lawyer to file Motions to Dismiss the charges or suppress certain evidence that Prosecutors would otherwise use against you in their attempt to convict you of Mesa DUI charges. Your Mesa DUI Defense Lawyer may at times be able to present a specific defense which will allow for a negotiated dismissal or reduction of the Mesa DUI charges.

A good Mesa DUI attorney or DUI lawyer who defends DUI charges frequently in Mesa are familiar with what defenses can be used to challenge a the prosecutions evidence against you. Below is a list of primary categories of defenses that are often used to fight DUI charges in Mesa. These are outlined and discussed in detail in the "Winning Defense Strategies" DUI Defense Book Series written by: James Novak, Arizona DUI and Criminal Defense Attorney:

"Some areas to consider for your defense strategies include but are not limited to the following:

• INDEPENDENT STOPS AND ARRESTS

• FIELD DUI SOBRIETY CHECKPOINT - ROADBLOCKS STOPS

• POLICE OBSERVATIONS OF THE ACCUSED

• FIELD SOBRIETY TESTS

• BREATH, BLOOD AND URINE TESTS

• SUFFICIENCY OF EVIDENCE DEFENSES

• CONSTITUTIONAL RIGHTS VIOLATIONS

• TRIAL DEFENSES ..."

Mesa DUI charges, classifications, and laws fall within the Arizona State Criminal Laws and Statutes. Arizona has some of the harshest laws and penalties in the country for DUI charges. Even a first time DUI in Arizona carries mandatory jail, and court ordered court ordered use of an interlock ignition device to be installed in your vehicle. Mesa Arizona Prosecution wants DUI charges convicted. It makes no difference, who you are, or that fact that you do not have a criminal record. Mesa is looking for DUI convictions, and will do everything within their authority to get them.

If you have hired a good Mesa DUI attorney or Arizona DUI lawyer your chances of getting your charges dismissed or reduced significantly increase. Your DUI lawyer defending your Mesa charges an will use every appropriate defense in an attempt to challenge the prosecutor's case, get your Mesa DUI charges dismissed, reduced or otherwise the best possible outcome in your case.

If you have been charged with any Mesa DUI, Misdemeanor or Felony DUI, Repeat DUI, DUI with an accident or injury, Extreme DUI, Super Extreme DUI, Underage Drinking DUI, Aggravated DUI, DUI with prescription drugs, DUI with dangerous drugs, or any other Chandler Drug DUI, or any Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Mesa Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Mesa DUI Attorneys| Mesa Defenses " »

A Good Mesa DUI Attorney will challenge all evidence possible to get your DUI charges Dismissed!

"Hiring an experienced private practice DUI Attorney can mean the difference between getting a Mesa DUI conviction or total dismissal of your Mesa DUI charges."

If you face DUI charges in Mesa, you will need to consult a criminal defense attorney or DUI Lawyer who defends all types of criminal charges and DUI charges in Mesa Arizona on a regular basis. Make sure your Arizona DUI Lawyer is has a proven track record of defending Mesa DUI cases, knows the Arizona DUI laws which are constantly changing, Case law that may affect your case, breath and blood testing issues; and police and handling protocol. But most importantly, you need to know that the Arizona DUI attorney defending your Mesa DUI charges will make active efforts to defend your case, and not just go through the motions. Make sure that DUI attorney understands all the different types of defenses that can be used to challenge evidence, fight a Mesa DUI charges, and work to get your case dismissed. Knowing what to do and how to do it are quite different then actively doing what needs to be done.

Choosing a DUI lawyer to defend your Mesa DUI charges is an extremely important decision. There are many Arizona DUI attorneys. But the good ones are not so easy to find. Just because they have the title or went to a highly rated law schools doesn't in and of itself make them a good defense Attorney. You don't need help getting yourself convicted, and you certainly don't want to pay for it! You need a good Arizona DUI attorney to fight your Mesa DUI charges. There are many, many defenses that can be used, and issues that can be challenged. Some of these defenses are listed and discussed in detail in the Winning Defense Strategies Book Series "#1 Arizona DUI Defense" and "101 DUI Defense Strategies" Books, written by a successful and experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Abridged versions of all three books can be downloaded completely free of charge www.arizonacriminaldefenselawyer.com.

Mesa DUI convictions carry severe punishments, and Arizona has some of the toughest DUI laws and penalties in the United States. Even a simple first time Mesa DUI charge carries severe penalties. There is too much to lose not to hire a good DUI Attorney to represent you and fight your Mesa DUI charges. A DUI conviction of any kind can have life changing adverse impacts on your job or future job opportunities, loss of your right to drive and driver's license, high fines, costly fees, mandatory incarceration, and use of court ordered interlock device. This device is installed in your vehicle at your expense, and requires you to prove you have not been drinking before the auto's ignition will start-up.

The chances of getting your DUI dismissed, charges reduced, evidence suppressed or any favorable outcome without a good Arizona Criminal Defense or DUI Attorney who regularly defends cases in Mesa are slim to none. The court system has strict rules, guidelines, and protocols it must follow. You will need an experienced criminal defense attorney or DUI lawyer who regularly defends DUI charges in Mesa Arizona to provide you will legal representation. A good DUI Lawyer will do everything possible to build an effective Mesa DUI defense case, protect your constitutional rights, and fight to get your charges dismissed.

A Mesa DUI has many facets which must be examined. Each individual's case carries a separate set of circumstances. There is no "cookie cutter" DUI and the same goes for a DUI Defense. Every defendant's case must be evaluated on its on merits, circumstances, evidence or lack thereof. Some factors that must be evaluated and challenged include violations of your state or federal constitutional rights, the reason for the stop, the police officer's evidence and deciding factors in making the DUI arrest, handling of the evidence, proper crime lab testing methods, proper implementation of field sobriety tests, handling of lab results of toxicology tests, maintenance and reliability of breathalyzer machines, and many more factors. But you will not get the benefit of having these factors evaluated and challenged without a good private practice Criminal Defense or DUI lawyer who defends cases in Mesa regularly. Hiring an experienced private practice DUI Attorney can mean the difference between getting a Mesa DUI conviction or total dismissal of your Mesa DUI charges.

If you have been charged with any Arizona 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 Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Mesa Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Mesa DUI Lawyer " »