August 2010 Archives

August 31, 2010

Why you need a Good Tempe DUI Lawyer
"Hiring an experienced Arizona DUI Defense Attorney who defends DUI cases frequently in Tempe, AZ, can mean the difference between a conviction or total dismissal, or reduction your criminal or DUI charges."

If you have been arrested for a Tempe DUI, make sure you hire a Tempe DUI Lawyer who defends all kinds of DUI and Drug DUI charges on a regular basis in Tempe, Arizona. Make sure your Arizona DUI Lawyer is an experienced litigator; understands the laws, including all the newest and changing laws; breath and blood testing issues, and most importantly, is familiar with defense strategies and methods that can be used in your defense for Tempe DUI or Drug DUI Charges

Choosing a Tempe DUI Lawyer to defend your DUI charges may be one of the most important decisions you will ever make. There are many questions you should get answers to, before making a decision as to which Attorney you will hire to defend your case. These are cited in detail within the Winning Defense Strategies Book Series "#1 Arizona DUI Defense", written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak and can be downloaded for free at www.arizonacriminaldefenselawyer.com. Below are some additional excerpts from the book which explains in detail why you will need a good Tempe DUI Lawyer.

The impacts of a Tempe DUI conviction, are severe and negatively life altering.
If you must ask whether you can afford an Arizona DUI defense lawyer, you should first
ask yourself, if you can afford not to hire an Arizona DUI lawyer. Even for a first time Arizona DUI misdemeanor conviction, there is too much at stake including adverse effects to your job, driver's license, family, finances, children, future and freedom.

Once you have been charged your file has been attached a court reference number. A mug shot and a case number are all you are in the eyes of the State of Arizona and the Prosecution. Sound cold? Yes, but true. The Prosecution does not care who you are, what you do, or how your family or job will be affected by any of it. All they want is a conviction. That's what they get paid for. And they will work closely, with the police to get it. They will not look over every detail of your case to evaluate it to determine if the charges are justified, or to determine if any of your constitutional rights were violated. The prosecution's job is not to protect you, provide a defense, or help to find a way to minimize the adverse impacts to you due to the charges. They prosecute and want convictions. A Judge does not, and can not intervene until a motion is filed or your sign a plea agreement or take the matter to trial. "Telling" your side of the story to the Judge will not have favorable effect on your situation. The Judge does not have authority to dismiss the case until a proper Legal defense challenge is made on your behalf by your Arizona Defense Attorney, or the jury returns a Not-Guilty Verdict on all charges.

The chances of getting an acquittal or not-guilty verdict without a good Arizona Criminal Defense or DUI Attorney are slim to none. The system is complicated. It is a maze of laws, protocol, people and odds against you. You need a strong ally. You need a Tempe Arizona Criminal Defense or Tempe DUI Attorney to build a strong defense for your case. You need someone you can call for answers to questions, to defend you, to protect your constitutional rights, to fight to get evidence suppressed, charges reduced or labor to get your case ultimately dismissed. The chances of any of these favorable outcomes are drastically reduced without the retention of a private Tempe Criminal or DUI defense Lawyer who does this day in and day out.

A Tempe DUI has many factors to evaluate. Including, a violation of your Constitutional Rights, the reason for the stop, the police officer's handling of the case, proper crime lab testing methods, proper implementation of field sobriety tests, and more. There are many factors in a case that can be challenged to your favor. But you will not get that benefit without the right Tempe Criminal Defense Attorney. The judge and prosecution will look at your case through the mind of prosecution only, not in your defense. Hiring an experienced Arizona DUI Defense Attorney who defends DUI cases frequently in Tempe, AZ, can mean the difference between a conviction or total dismissal, or reduction of your criminal or DUI charges.

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

Continue reading "Tempe DUI Attorney" »

August 30, 2010

A "Gilbert Felony DUI" is also known interchangeably as "Aggravated DUI" If you've been charged with a Gilbert Felony DUI (Driving under the Influence) in Arizona, the most important thing you can do right now is to contact a good Arizona Criminal Defense Attorney or Felony DUI Defense Lawyer who defends cases frequently in Arizona Court. .

A Gilbert Misdemeanor DUI is raised to an even more serious level of a
"Gilbert Felony DUI " under Arizona State Law in the following circumstances which have been paraphrased from A.R.S. 28-1383:

• DUI charges involving an auto accident resulting in bodily injury or significant harm to another person or persons.

• DUI manslaughter - When the Accident with DUI results in a fatality of another while you were impaired under the influence of alcohol or drugs or combination.

• The current DUI charge is your third DUI within 7 years

• Arrested for DUI while on a on a suspended or revoked driver's license

• Driving under the influence of alcohol or drugs impaired, and with a minor, in
Arizona that is age 15 or under) in the motor vehicle that you were driving. .

Gilbert Felony DUI Penalties under Arizona Law- Arizona Revised Statutes
Gilbert AZ Felony DUI Penalties are cited under Aggravated DUI A.R.S. 28-1383 and A.R.S. § 28-1383, up to 10 years. A.R.S. §13-902(B):
• Four months in Jail or Prison, if you have no prior criminal record or felony convictions. Also this is subject to circumstances if serious injury or a fatality has occurred, this sentencing may be significantly harsher.
• Up to $150,000.00 plus 80% surcharge
• $1500.00 prison assessment
• $250.00 abatement fee
• Evaluation Costs
• Drug or Alcohol Treatment & Counseling Costs
• Probation and probation Fees
• Driving Privileges revoked for up to 3 years
• Court ordered Ignition Interlock Device for your auto. .

Gilbert DUI and Felony DUI laws and penalties are constantly changing. This is why it is so important to hire an experienced, highly qualified Arizona Criminal Defense or AZ DUI Lawyer who defends cases often in Gilbert, Arizona. Your criminal defense attorney must be well versed on the Gilbert AZ law, Courts, Protocol, how to use the Law and Constitution in your defense; But most importantly, they must be extremely knowledgeable as to what defenses can be utilized the most effectively based on your circumstances in an effort to get the ultimate best outcome in your case.

All hope is not lost if you have been arrested for a Gilbert AZ DUI. Don't give up. You can get a second chance by hiring a good Arizona DUI Lawyer who defends cases in Gilbert. To help you get informed on some of your defenses, You can download for free the winning defenses outlined in the Arizona DUI Winning Defense Strategies Book Series © which includes "101 Arizona DUI Winning Defenses" © written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Simply visit www.arizonacriminaldefenselawyer.com
The Attorney you choose to defend your Felony DUI in Arizona may mean the difference between getting a conviction and getting your charges dismissed. It may be the one of the most important decisions you make in a lifetime.

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 Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Gilbert Laws Felony DUI Lawyer " »

August 29, 2010

Defenses a Scottsdale DUI Lawyer can use to get your Scottsdale DUI Dismissed

If you were arrested for a Scottsdale DUI, you should consult an AZ DUI Lawyer who defends Scottsdale DUI charges in the Scottsdale Courts frequently. Your Scottsdale DUI Attorney will ask you some important questions. One of the first ones, an experienced Scottsdale DUI attorney will ask you "Why did the Scottsdale police claim they pulled you over for a stop? Although that may sound like an insignificant question, the answer is imperative to your defense. In fact, it could just lead to a possible complete dismissal of your Scottsdale DUI charges.

Illegal DUI Stop

The United States Supreme Court has held that the police or law enforcement entity must have a "reasonable suspicion" that a crime or traffic offense has been committed or is in progress of being committed in order to stop a vehicle. (This does not apply to DUI Sobriety Checkpoint Stops. Those DUI stops are determined in advance by means of a mathematical formula decided by City or County Officials or the Police Department Management for that particular Task Force or DUI Check Point location).

"If your Scottsdale DUI stop was found to be illegal, there is strong possibility it will lead to your Scottsdale DUI charges could be dismissed."

If the officer did not have a valid "reasonable suspicion" as described above, then the remedy in negotiations with the prosecution may call for a dismissal of the DUI charges. An officer cannot legally stop a driver unless they can substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. For example weaving within one's own traffic lane for a short distance or making a wide turn, is not generally unlawful and should not justification for a Police Officer to stop you for suspicion of Drunk Driving in or Drug DUI in Scottsdale. These types of driving actions are commonly seen in unimpaired drivers.

If the Scottsdale DUI stop by the police was illegal then your Scottsdale DUI Attorney will go through the proper channels, argue the defense, and file the appropriate motions to have your DUI charges dismissed. The police officer works closely with the prosecution, to justify that their actions of stopping the vehicle are convincing that reasonable suspicion" existed for the stop to be valid. If the Prosecution and your Scottsdale DUI Lawyer are unable to reach an agreement, finally, it will be up to the judge to decide if the stop was truly meritless. In some cases charges can be reduced or evidence suppressed. But at the evidentiary hearing, when your Attorney discusses the weaknesses in the prosecutions cases, they are much more likely to negotiate in your favor for the best possible outcome. The best outcome of course is that if the prosecution agrees or judge decides that your Scottsdale DUI stop was found to be illegal, there is strong possibility it will lead to your Scottsdale DUI charges being dismissed.

To learn more about the many DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit WWW.arizonacriminaldefenselawyer.com. Here you can download free "Arizona Winning DUI Defense Strategies" © books written by winning defense Attorney James Novak, which includes "101 AZ DUI Defenses" ©.

If you have been charged with any Scottsdale AZ DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI wit child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, 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 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, Tempe, Chandler, Scottsdale, Mesa, and surrounding areas valley-wide within Maricopa County Arizona.

Continue reading "Scottsdale Illegal DUI Stop ׀ Scottsdale DUI Laws " »

August 28, 2010

How to find the Best Criminal Defense Attorney in Phoenix, AZ!

If you have been charged with a crime in Arizona, it is important that you consult or hire the best Arizona criminal defense or AZ DUI Lawyer you can find. Choosing a Criminal Attorney or DUI Lawyer in Arizona may be one of the most important decisions you make in your life.

You can find the best Arizona attorney, that is right for you, no matter if you live in Phoenix, Tempe, Mesa, Chandler, Gilbert, Scottsdale or any other city in Arizona by simply asking a few questions, and making a few phone calls. Here are some questions, factors and tips that should help you make the right choice.

● The Arizona Criminal Defense Attorney should have a lot of defense and litigation experience in the jurisdiction or designated Arizona court you are to appear. That AZ criminal defense or DUI defense lawyer's familiarity with that judge, prosecution, court system, and policies can make the difference between a good outcome and a great outcome such as a dismissal of your Arizona DUI.

● The Law Firm or Attorney at least as associate Attorney at that Law Firm, should defend or litigate AZ DUI charges and Criminal Defense charges exclusively. Some attorneys practice in a variety of different areas other than DUI, for example injury or bankruptcy. An Arizona DUI lawyer, who defends DUI & Criminal Defense charges exclusively, will most likely be up-to-date current laws and court decisions, which are constantly changing.

● Make sure you know and become familiar with the actual Attorney who will be defending your case from start to finish. Meet them before your court date. Communication and teamwork is critical to the success of your outcome. Make sure you know who will be building your defense case, gathering and examining evidence, appearing at conferences, hearings, dealing with telephone calls, updates, gathering, and preparing your case for conference or trial. Open communication and understanding by both you and your attorney of the facts, could impact the outcome of your case. You Attorney should be playing the primary role in all of this.

• Make you sure you have a comfort level with that attorney and make sure they are available when you need to ask a question, communicate concerns, or are in need of guidance. The Attorney works for you. Again, all of these factors contribute to a successful outcome.

• If you have any reservations at all, meet with more than one which one do you feel is the most competent to defend your case. Which one do you feel has the training, knowledge, experience and litigation skills and education needed to defend your charges.

• Don't make your choice simply on price. Arizona criminal defense and DUI
defense lawyers fee very significantly. You must remember that just A higher price does not equal better representation. Lower fees do not mean you will get less superior representation. Some of the best criminal and DUI lawyers in AZ have been charging the same low prices for decades. The reasons for the differences in prices has more to do with overhead expenses, advertising costs, number of employees to pay, and the list goes on. You may get a quote for $1800.00 for a DUI, and go down the street to another attorney's office and get a quote for $8,000.00 for the same level and competence in representation. The choice is yours. If you begin feeling "pressure sales" just politely say "No thank- you and leave. This is about protecting your future, and your freedom. Do not allow yourself to feel intimidated or submit to "high pressure sales tactics.

• There's no better referral than an experienced referral from friends, family, or neighbors who have used the DUI attorney in the past. You want to make sure the referral is objective and trustworthy.

If you have been charged with any Phoenix AZ criminal defense crime including but not limited to Assault, aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, burglary, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, credit card or check fraud, Larceny or grand larceny, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Criminal Attorney Phoenix AZ Criminal Defense " »

August 27, 2010

"How an Extreme DUI charge may be reduced or completely dismissed with a good Mesa Criminal Defense or DUI Lawyer"

The Mesa DUI Attorney you consult will tell you how serious a Mesa DUI can be and the devastating effects it can have on your life and future. But it becomes even more dire if the Mesa DUI is raised to the level of "Extreme DUI". Mesa DUI charge classifications, definitions, penalties, and sentencing falls under the rule of Arizona State Laws. A Mesa DUI charge becomes an "Extreme DUI" if Blood Alcohol Content (BAC) exceeds 0.15%. The BAC level is generally determined by a breath alcohol or blood test administered by the Mesa Police and testing personnel. If the BAC level exceeds 0.20 it is then designated as a "Super Extreme" which carries even more severe penalties and incarceration time if convicted. If you have been charged with an extreme DUI in Mesa, Arizona it is important that you consult a good AZ DUI or criminal defense attorney who defends extreme DUI charges in Mesa on a regular basis in the Mesa Court.

Mesa DUI Laws
Arizona Extreme DUI Laws
"Article 3 Driving Under the Influence
28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification

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. {Extreme DUI}

2. 0.20 or more. {Super Extreme DUI}
(Cited in Part from Arizona State Legislature Website)

Mesa DUI Defense Options (first offense Extreme DUI):
First know that that fact that you were charged with a crime does not make you guilty and it is not a conviction. It's just the beginning. It simply means that at the time of the arrest, the police felt they had "probable cause" do charge you with a Mesa DUI or Mesa Extreme DUI. An experienced Mesa DUI Attorney may be able to challenge that evidence and disprove that cause. If you have received a Mesa AZ extreme DUI here are your options:

A. Plead "guilty". You could find yourself facing the max for first offense which includes minimum 30 days jail and up to 6 months; impound of the vehicle you were driving when arrested; use of Ignition interlock device on your automobile, suspension of driver's license up to 90 days, court ordered alcohol or drug treatment program, probation, fines, fees, and or restitution if applicable. A second DUI or third DUI or more carry devastating including extended jail and prison sentences for convictions.

B. Ignore it. If you fail to appear for your court date on the required time and day scheduled, a warrant for your arrest will be issued by the court.

C. Show up to court unrepresented by a good private practice AZ criminal defense or AZ DUI Attorney. This is risky and dangerous to the outcome of your case. The results can land you with the maximum penalties. The prosecution knows the court's protocol, how to argue your case, how to get you to incriminate you, and allow you to incriminate yourself, and how to make their case against you stronger. They will ignore any weaknesses, flaws, or any violations of your rights.

D. Hire a reputable and experienced DUI attorney who defends extreme DUI cases often in Mesa Court. A good AZ criminal defense or DUI lawyer who defends cases frequently in Mesa will fight hard to get your charges completely dismissed, reduced, or in the least a much better outcome in your case. There are many defenses that can be used, and evidentiary issues that can be challenged to accomplish this. A good Mesa DUI Attorney will examine evidence, overturn every stone, determine if there were any violations of your constitutional rights, verify the reason for the DUI stop, "probable cause" police used to justify your arrest, and many more factors. There are factors that may seem irrelevant to you, but a good DUI Attorney may see it as a passage way to a dismissal or other favorable outcome for you, which has a great amount of weight on your case. You will not get such benefits or evidence challenged without a good private practice Mesa, AZ Criminal or DUI attorney. A good private practice DUI Attorney in Mesa may be able to suppress evidence, get your case dismissed, a "not guilty", or a reduction of your AZ DUI charges.

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 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 AZ Extreme DUI " »

August 26, 2010

Field Sobriety Tests - "What Police Don't Want You to Know"

Good Gilbert DUI Attorneys may get your Gilbert DUI Charges dismissed by challenging the results of your Field Sobriety Tests

Field Sobriety Tests
Field Sobriety Tests (FST) is standardized tests adopted by the United States National Highway Traffic Safety Administration (NHTSA). To the contrary, many of the best AZ DUI attorneys don't consider them true or realistic tests, due to their subjective nature and police biases in reporting results. For this reason, many AZ DUI charges are dismissed, evidence suppressed, charges reduced, or other favorable outcomes due to the results of FST challenged by an experienced AZ DUI Attorney who defends DUI charges in Gilbert, AZ.

What Gilbert Police Don't Tell You
One thing Gilbert Police don't want you to know is that Field Sobriety Testing is
not required under Arizona Law. Some of the best AZ DUI attorneys disagree on whether or not you should agree to take them when the police ask you to. The reason being, that if you refuse, the police may arrest you on the spot. Some DUI Attorneys will advise you to take them and let your DUI Attorney challenge them through the proper legal channels. The choice is yours. Depending on each person's set of circumstances, they must make their own choice, at the time of the stop.

FST results are determined by the Gilbert police, and are the least reliable of any Gilbert DUI evidence that can be used against you. It is sad but true that the Gilbert Police may intentionally make it sound like you did more poorly on the tests, then you actually did. . The Gilbert Police want arrests. Gilbert Court wants convictions. But studies have shown that even persons unimpaired by drugs or alcohol may perform "poorly" depending on many factors including stress, intimidation, motor skill capability, fatigue from work, medical impairments and many other factors. This is another reason why they are often challenged by experienced DUI Layers who defend cases in Gilbert. The actual purpose for the FST is to use it as a preliminary source, to assist the officer in determining if further DUI testing is needed. It was never intended to bear the weight of convicting you in a court of law of a DUI. But the prosecution will attempt to place more weight on that evidence if the police report that you performed poorly on the FST.

Below are a sample of arguments for Field Sobriety Tests to be challenged and used as defenses taken from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies © Book to give you an idea of a few defense strategies a good Arizona DUI defense Attorney may use to defend your case by active winning defense Attorney and author James Novak:

• YOU HAD THE DISADVANTAGE OF PERFORMING THE TESTS UNDER UNFAVORABLE ROADSIDE CONDITIONS INCLUDING BY NOT LIMITED TO WEATHER, ENVIRONMENTAL OR LEVEL LANDSCAPING.

• ACCORDING TO MEDICAL EXPERTS, THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS. THE TEST MUST BE PERFORMED UNDER SPECIFIED LIGHTING AND OTHER CONDITIONS THAT SIMPLY DO NOT EXIST DURING A ROAD SIDE ENVIRONMENT.

• THE POLICE TESTED YOU WITH FST WHILE IGNORING THE FACT THAT YOU WERE AN INAPPROPRIATE CANDIDATE FOR ROADSIDE TESTING UNDER NHTSA STANDARDS. SOME ISSUES THAT MAY CAUSE A PERSON TO BE AN UNFAVORABLE CANDIDATE FOR THE TEST INCLUDE BUT ARE NOT LIMITED TO WEIGHT RESTRICTIONS, MEDICAL IMPAIRMENTS, AGE, AND MANY OTHER FACTORS THAT MAY CONTRIBUTE TO POOR RESULTS.
• FIELD SOBRIETY TESTS NOT RECOGNIZED BY NHTSA ARE INVALID.

• THE POLICE OFFICER FAILED TO REPORT, INDICATE, OR POINT OUT THE LOCATION AND ROADSIDE CONDITIONS WHERE THE FST WAS ADMINISTERED.

• YOU REFUSED TO SUBMIT TO THE FIELD SOBRIETY TESTS. THE POLICE THEN REPORTED YOU REFUSED BECAUSE YOU FEARED YOU WOULD DO POORLY BECAUSE YOU WERE IMPAIRED BY DRUGS OR ALCOHOL.

• YOU DID POORLY ON THE TESTS BECAUSE YOU WERE BEING MISTREATED, ABUSED OR FELT INTIMIDATED BY THE POLICE.

• THE POLICE UNTRUTHFULLY ADVISED YOU, THAT THE FST WAS MANDATORY OR REQUIRE BY LAW.

These are just a few arguments of many that an AZ DUI Attorney can use to challenge Field Sobriety Test results that lead to your Gilbert DUI charges. You should consult a good Gilbert DUI attorney who defends DUI cases frequently. The proper training, education, litigation and defense experience, are needed to properly challenge these issues. FST is just one of many aspects of your DUI that can be challenged in an effort for your Attorney to fight to get your Gilbert DUI dismissed, charges reduced, evidence suppressed or the otherwise best possible outcome in your case.

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

Continue reading "Gilbert DUI Lawyer Defenses " »

August 25, 2010

"Your chances of getting a Chandler, AZ Extreme DUI charge can be reduced or dismissed increase drastically with the defense of a good Chandler Criminal Defense or DUI Lawyer."

Any Chandler criminal defense or DUI Attorney you will tell you how serious a Chandler DUI charge is. A Chandler AZ Extreme DUI is even more serious, bringing with it, with negative impacts that can last a lifetime. Chandler DUI laws, classifications, and penalties, fall under the rule of Arizona State Laws. A Chandler DUI charge elevates to an "Extreme DUI" if Blood Alcohol Content (BAC) exceeds 0.15%. The BAC level is measured by a breath alcohol or blood test administered by the Chandler Police and testing personnel. If your BAC level exceeds 0.20 it is then it is categorized as a "Super Extreme" which brings with it even more severe penalties which can include extended jail or prison time, along with other severe penalties if convicted. If you have been charged with an extreme DUI in Chandler, Arizona it is critical that you consult a good AZ DUI or criminal defense attorney who defends extreme DUI charges in Chandler on a regular basis in the Chandler Court. It's not hard to find a good DUI Lawyers will provide you with a Free Consultation.

Chandler DUI Laws
Arizona Extreme DUI Laws
"Article 3 Driving Under the Influence
28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification
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. {Extreme DUI}
2. 0.20 or more. {Super Extreme DUI}
(Cited in Part from Arizona State Legislature Website)

Chandler DUI Defense Options (first offense Extreme DUI):

"Just because you were arrested in Chandler for Extreme DUI does not make you guilty".

The fact that you were charged with a crime is not the same as a conviction. Just because you were arrested in Chandler for Extreme DUI does not make you guilty. It means that at the time of the arrest, the police felt they had "probable cause" to charge you with a Chandler DUI or Chandler Extreme DUI. An experienced DUI lawyer, who defends cases in Chandler often, will challenge that evidence and make every attempt to disprove the alleged "probable cause", along with the use of many other defenses that can be used depending on the circumstances.
Sometimes all your DUI Attorney needs is one good defense. In other cases it may take more. If you face

Chandler AZ extreme DUI here are your options:
A. Plead "guilty". You could face (for first offense) minimum 30 days jail and up to 6 months; vehicle impound; Ignition interlock device; have your driver's license suspended up to 90 days, requirement of alcohol or drug treatment program; probation; fines, fees, or restitution depending on your case. A second DUI or third DUI or more carry devastating punishments including extended jail and prison sentences, and exorbitant fines and fees for convictions.

B. Do nothing and ignore it. If you fail to appear for your slated court date and time, warrant for your arrest will be issued immediately by the Chandler Court.

C. Show up to court unrepresented by a good private practice AZ criminal defense or AZ DUI Attorney. This is risky and dangerous, and not recommended by most criminal defense or DUI lawyers. The results can lead you to a fast extreme DUI conviction. The prosecution knows the court's protocol, how to argue your case, how to get you to incriminate you, and allow you to incriminate yourself, and how to make their case against you stronger. They will ignore any weaknesses, flaws, or any violations of your rights.

D. Hire a reputable and experienced DUI attorney who defends extreme DUI cases often in Chandler Court often. An experienced AZ criminal defense or AZ DUI defense Attorney who defends cases frequently in Chandler Court will know the laws, Court system, judges, prosecution, protocol and most importantly what defenses can be used to negotiate a DUI charge dismissal, or reduction, and get the best possible outcome in your case based on your set of circumstances.

There are many Arizona DUI defenses that can be used, and evidentiary issues that can be challenged to accomplish this. A good DUI Attorney who defends cases in Chandler will examine evidence, determine how to build and mount an effective defense case on your behalf. You will not get such benefits or evidence challenged without a good private practice Chandler, AZ Criminal or DUI attorney. Your chances of getting an Extreme DUI charge can be reduced or dismissed increase drastically with the defense of a good Chandler Criminal Defense or DUI Lawyer.

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

Continue reading "Chandler Extreme DUI Attorney " »

August 24, 2010

One Defense used by Gilbert DUI Attorneys that
May Get Your Gilbert DUI Charges Dismissed

Illegal DUI Stop

If you were arrested for a Gilbert DUI, you should immediately consult an AZ DUI Lawyer who defends Gilbert DUI charges in the Gilbert Courts on a regular basis. Your Gilbert DUI Attorney will ask you some important questions. One of the first questions a good AZ DUI attorney will ask you is "Why did the Gilbert police claim they pulled you over for the stop? Although that may sound like an irrelevant question, the answer is imperative to your defense. In fact, it could just lead to a possible complete dismissal of your Gilbert DUI charges.

The United States Supreme Court has held that the police or law enforcement entity must have a "reasonable suspicion" that a crime or traffic offense has been committed or is in progress in order to stop a vehicle. (This does not apply to DUI Sobriety Checkpoint Stops, which require an advanced mathematical formula decided by City or County Officials or the Police Department Management as to which vehicles to stop).

"If your Gilbert DUI stop was found to be illegal, there is strong possibility it will lead to your Gilbert DUI charges being dismissed."

If the officer did not have a valid "reasonable suspicion" as described above, then the remedy in negotiations with the prosecution may call for a dismissal of the DUI charges. An officer cannot legally stop a driver unless they can substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. For example weaving within one's own traffic lane for a short distance or making a wide turn, is not generally unlawful and should not justification for a Police Officer to stop you for suspicion of Drunk Driving in or Drug DUI in Gilbert. These types of driving actions are commonly seen in unimpaired drivers.

If the Gilbert DUI stop by the police was illegal then your Gilbert DUI Attorney will go through the proper channels, argue the defense, and file the appropriate motions to have your DUI charges dismissed. The police officer works closely with the prosecution, to justify that their actions of stopping the vehicle are convincing that "reasonable suspicion" existed for the stopped. If the Prosecution and your Gilbert Defense Attorney are unable to reach an agreement, finally, it will be up to the judge to decide if the stop was truly meritless. In some cases charges can be reduced or evidence suppressed. But at the evidentiary hearing, when your Attorney discusses the weaknesses in the prosecutions cases, they are much more likely to negotiate in your favor for the best possible outcome.

The best outcome of course is that if the prosecution agrees or judge decides that your Gilbert DUI stop was found to be illegal, there is strong possibility it will lead to your Gilbert DUI charges being dismissed. To learn more about the many DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit WWW.arizonacriminaldefenselawyer.com. Here you can download free "Arizona Winning DUI Defense Strategies" © books written by winning defense Attorney James Novak, which includes "101 AZ DUI Defenses" ©.

If you have been charged with any Gilbert AZ DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI wit child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, 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 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, Tempe, Chandler, Scottsdale, Mesa, and surrounding areas valley-wide within Maricopa County Arizona.

Continue reading "Gilbert Arizona Laws ׀ DUI Stop " »

August 23, 2010

"The fact that you were charged with a Gilbert DUI does not make you guilty"

"An Extreme DUI charge can be reduced or dismissed with a good Gilbert Criminal Defense or DUI Lawyer"

Any Gilbert DUI Attorney you will advise you of how serious a Gilbert DUI can be and how committed Gilbert Prosecution is, in going after Gilbert DUI convictions. Gilbert, Arizona Police Department's reputation precedes itself for being one of the most aggressive cities in Arizona for DUI arrests and their active search for drunk drivers. A Gilbert AZ Extreme DUI is even more serious with negative impacts that can last a lifetime. Gilbert DUI laws, classifications, and penalties, fall under the rule of Arizona State Laws. A Gilbert DUI charge becomes an "Extreme DUI" if Blood Alcohol Content (BAC) exceeds 0.15%. The BAC level is measured by a breath alcohol or blood test administered by the Gilbert Police and testing personnel. If your BAC level exceeds 0.20 it is then designated as a "Super Extreme" which brings more severe penalties including longer jail or prison time, along with other severe penalties if convicted. If you have been charged with an extreme DUI in Gilbert, Arizona it is important that you consult a good AZ DUI or criminal defense attorney who defends extreme DUI charges in Gilbert on a regular basis in the Gilbert Court.

Gilbert DUI Laws

Arizona Extreme DUI Laws
"Article 3 Driving Under the Influence
28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification
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. {Extreme DUI}
2. 0.20 or more. {Super Extreme DUI}
(Cited in Part from Arizona State Legislature Website)

Gilbert DUI Defense Options (first offense Extreme DUI):
The fact that you were charged with a crime does not make you guilty. A charge is not a conviction. It simply means that at the time of the arrest, the police felt they had "probable cause" do charge you with a Gilbert DUI or Gilbert Extreme DUI. An experienced Gilbert DUI Attorney may be able to challenge that evidence and disprove that cause, along with the use of other defenses. Sometimes all your DUI Attorney needs is one good defense. If you have received a Gilbert AZ extreme DUI here are your options:
A. Plead "guilty". You could face (for first offense) minimum 30 days jail and up to 6 months; have your vehicle impounded; be required to use an Ignition interlock device on your automobile; have your driver's license suspended up to 90 days, be required to attend alcohol or drug treatment program; be put on probation; be subject to court ordered fines, fees, or restitution depending on your case. A second DUI or third DUI or more carry devastating punishments including extended jail and prison sentences for convictions.
B. Ignore it. If you fail to appear for your court date on the required time and day scheduled, a warrant for your arrest will be issued by the court.
C. Show up to court unrepresented by a good private practice AZ criminal defense or AZ DUI Attorney. This is risky and dangerous, and not recommended by most criminal defense or DUI lawyers. The results can lead you to a conviction fast. The prosecution knows the court's protocol, how to argue your case, how to get you to incriminate you, and allow you to incriminate yourself, and how to make their case against you stronger. They will ignore any weaknesses, flaws, or any violations of your rights.
D. Hire a reputable and experienced DUI attorney who defends extreme DUI cases often in Gilbert Court often. A good AZ criminal defense or DUI lawyer who defends cases frequently in Gilbert will know the system, the judges, the prosecution, protocol and most importantly what defenses can be used to negotiate a DUI charge dismissal, or reduction, and get the best possible outcome in your case.

There are many Arizona DUI defenses that can be used, and evidentiary issues that can be challenged to accomplish this. A good Gilbert DUI Attorney will examine evidence, overturn every stone, determine if there were any violations of your constitutional rights, verify the reason for the DUI stop, "probable cause" police used to justify your arrest, and many more factors. There are factors that may seem irrelevant to you, but a good DUI Attorney may see it as a passage way to a dismissal or other favorable outcome in your case. You will not get such benefits or evidence challenged without a good private practice Gilbert, AZ Criminal or DUI attorney. Your chances of getting an Extreme DUI charge can be reduced or dismissed increase drastically with the defense of a good Gilbert Criminal Defense or DUI Lawyer.

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

Continue reading "Extreme DUI Defense Gilbert, AZ " »

August 23, 2010

Phoenix AZ Criminal Charges: Five Mistakes to Avoid after being charged with an Arizona Crime.

If you face criminal charges or DUI in Arizona including Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa, or any other city within Arizona it is crucial that you contact an Arizona Criminal Defense Firm or Criminal Attorney who defends criminal charges and DUI charges in the Phoenix Courts of other Arizona Courts frequently. Criminal charges in the cities within Arizona are subject to the rules of the State of Arizona, under Title 13 of the A.R.S. Criminal Codes.

Here are five of the most common mistakes a person can make if they face DUI or criminal charges in Arizona:

1) Not consulting (in the least) or hiring an experienced private practice Criminal Defense or DUI Defense Attorney who defends criminal and DUI charges in Arizona.

2) Underestimating the consequences of a criminal or DUI Charge.

3) Ignoring, failing to appear for their court date on the designated date and time at the designated place.

4) Seeking counsel from an Attorney who is not licensed to practice in Arizona and who does not defend Criminal Cases on a frequently in Arizona. (For example, an Attorney may maintain their license to practice in Arizona. However, they reside in New York, and mostly or completely practice criminal law in their residing state New York).

5) Consulting or hiring an Attorney whose practice includes a multitude of areas of law and not exclusively in Criminal Defense or DUI law. For example that Attorney may be licensed to practice in law for Wills Estates & Trusts, Personal Injury, Contract Law, and Trademark & Copyright Law. This is important because of the turbulence of Arizona Law. The Criminal and DUI laws and case laws are constantly changing. It is wise to make sure the Attorney who will be handling your case defends DUI and criminal defense charges exclusively, and stays up to date with continuing education, defense litigation, and all aspects dealing with DUI and Criminal Defense.

Make sure your Criminal Defense or AZ DUI lawyer has the education, experience in litigation, skills and motivation to provide you with the most effective defense possible. Most of the best Criminal Defense and DUI Lawyers in Phoenix and in the cities of Arizona provide Free Consultations. Your chances of getting your charges dismissed, reduced or the best possible outcome in your case increase drastically when you hire a criminal defense attorney or Phoenix DUI lawyer to defend your charges.

If you have been charged with any Phoenix AZ criminal defense crime including but not limited to Assault, aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, burglary, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, credit card or check fraud, Larceny or grand larceny, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "PHOENIX ARIZONA CRIMINAL DEFENSE ATTORNEY " »

August 22, 2010

Arizona Theft Laws, Theft Penalties, Theft Defenses

Depending on the nature of the charges theft crimes can be considered serious offenses in Arizona, and the laws are strict. If you have been charged with any theft crime in Arizona

You should contact a good Arizona theft defense lawyer or AZ Attorney who defends theft crimes in jurisdiction for which you were charged.

Whether your theft charges occurred in Phoenix, Tempe, Mesa, Chandler, Scottsdale, Gilbert, Mesa or any cities in Arizona the charges, classifications, definitions, and penalties and sentencing fall under Arizona State Laws:

A.R.S. Title 13 -Chapter 18 Beginning with 13-1801 Theft through 13-1819.
Note the citation above does not include related crimes such as Robbery, Forgery, Credit Card Fraud, Identity Theft, Business Fraud, Organized Crimes, Bribery, or Extortion although related, are classified elsewhere under A.R.S. Title 13 of the Criminal Code.

Basically, it is unlawful for anyone to steal, take or carry away property, under false pretense belonging to another person (s) or entity. A theft crime is the unlawful act of taking or using another person's property without permission or consent. Many people are surprised to learn that it is also considered "theft" to accept or receive property or something that you know was stolen.

Types of theft which have different set of circumstances include but are not limited to
The following:
• Misdemeanor theft
• Changing, removing, switching price tags
• Concealing items
• Felony theft
• Larceny
• Grand Larceny
• Auto theft
• Embezzlement
• Burglary
• Robbery
• Armed Robbery
• Carjacking
• Credit card theft
• Identity theft
• Fraud
• Forgery
• Extortion
• Business Fraud
• Bribery
• Credit Card Fraud
• Check Fraud
• Tax Evasion
• Organized crime and racketeering
• Accepting Services, and failing to pay for those services

Arizona Theft Penalties
If you have been charged with theft in Arizona, you should contact an AZ criminal defense attorney with a lot of experience in defending theft charges. The penalties for Arizona theft charge convictions depend upon many factors including but not limited to the value of the stolen property, the number of items taken, first offense or repeat offense, the manner in which it was taken, whether or not a weapon or dangerous weapon was used in the process of the crime, and past criminal record of the defendant. T he range of sentencing for theft convictions can be severe depending on the circumstances which may include incarceration in jail or prison, probation, fines, restitution, community service, counseling, jail, prison and other punishments the court deems necessary by law.

Arizona Theft Defenses
It takes a highly skilled and experienced Arizona Criminal Defense Attorney to defend theft charges. A good Theft Attorney will make sure your constitutional rights have not been violated, gather and examine all the evidence, and being to build and mount a successful theft defense as possible. Many common defense strategies include but are not limited to:

• Factual innocence
• Lack of intent
• Challenging knowledge of the defendant that theft was committed.
• The wrong person was arrested for the crime
• Challenging the amount of value of the property allegedly stolen
• In sufficient evidence produced by the prosecution
• Proving you are the owner of the item allegedly stolen
• Your unawareness that the property belonged to someone else
• Disputing the value of the stolen property, and thereby reducing charges
• You mistakenly thought you had permissive use of an item and promptly returned it or attempted to return it after use.

The AZ criminal defense attorney or theft defense attorney will make every attempt to get your charges dismissed, reduced, or get the best outcome possible in your case so that it has as little impact on your life as possible.

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

Continue reading "THEFT ATTORNEY CRIMINAL DEFENSE AZ" »

August 22, 2010

A Good Assault Defense Lawyer in Phoenix will make sure Your Rights are protected, and tell Your Side of the Story.

The State of Arizona classifies Assaults into two categories 1) Misdemeanor "Assault," and 2) Felony or "Aggravated Assault." If you face Phoenix AZ assault charges of any kind, it is considered a serious crime. You should consult an Arizona Criminal Defense Attorney or Arizona Assault Defense Lawyer defends cases frequently in Phoenix Court.

1) Arizona Assault: A.R.S. S 13-1203: classification:
A. A person commits assault by:
1. Intentionally, knowingly or recklessly causing any physical injury to another person; or)
2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
3. Knowingly touching another person with the intent to injure, insult or provoke such person. (cited in part from Arizona State Legislature)
Depending on the circumstances involved assaults can be charged anywhere from a class 1, class 2 or class 3 misdemeanor depending on the intentional or reckless nature of the action for which the charges resulted.
A conviction of a misdemeanor assault in Phoenix Arizona can carry sentences of up to one year in prison, and fines of upwards to $2,500. Other penalties may be ordered including restitution to the victim, costs, fees, counseling, or probation.

2) Arizona Aggravated Assault: A.R.S. S 13-1204: classification
A. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:
1. If the person causes serious physical injury to another.
2. If the person uses a deadly weapon or dangerous instrument.
3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.
4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired.
5. If the person commits the assault after entering the private home of another with the intent to commit the assault.
6. If the person is eighteen years of age or older and commits the assault on a child who is fifteen years of age or under. (cited in part)
Conviction of an aggravated assault is much more serious with adverse consequence that can following you for a lifetime. Depending on the circumstances surrounding your Aggravated Assault charges they are usually considered a Class 3 Felony.
A first offense may include sentencing within the range of 5 to 15 years in prison. The court considers such issues as prior criminal records and circumstances surrounding the Aggravated Assault charge when determining the sentencing. A second assault conviction of what the court determines to be a dangerous offense may escalate the sentence from 0-20 years. A third conviction can result in prison terms of 15-25 years.

Phoenix Arizona Assault Defense
There are many defenses that can be used to defend your case. But it is critical that you hire an experienced Criminal Defense Attorney who defends Assault charges on a regular basis in Phoenix or the city in Arizona where you were charged. It is very dangerous to try and tell your side of the story without proper criminal legal representation. If the case is not presented properly and through the appropriate legal channels and methods, you may incriminate yourself further and actually be making the prosecution's case against you stronger.

Some common defenses include but are not limited to the following:
• Self-defense,
• Necessity defense
• Lack of evidence or weapon,
• Defense of a third person,
• Not the correct person charged.
• Mutual consent combat,
• Fear or intimidation of imminent danger or bodily harm
• No witnesses and no evidence of bodily injury

An experienced Arizona assault defense Attorney who defends cases in Phoenix will defend your constitutional rights, your actions, educate the prosecution, judge or jury, about your side of the story, interview witnesses, examine all evidence, argue circumstances and challenge evidence surrounding the charges, file appropriate motions, negotiate a dismissal of charges, lesser charges, suppress evidence, attend hearing, file appropriate motions on your behalf and do everything within the law to get your case dismissed or the otherwise best outcome in your case.

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

Continue reading "ASSAULT CHARGES PHOENIX ARIZONA CRIMINAL DEFENSE ATTORNEY " »

August 21, 2010

Field Sobriety Tests - "What Police Don't Tell You"

How Good Tempe AZ DUI Attorneys may get your Tempe DUI Charges dismissed by using defenses involving results of your Field Sobriety Tests

ARIZONA Field Sobriety Tests - What They Are
Field Sobriety Tests (FST) is standardized tests adopted by the United States National Highway Traffic Safety Administration (NHTSA) and recognized in most states. To the contrary, many of the best AZ DUI attorneys don't consider them real tests, due to their subjective and many times police biased nature. For this reason, many AZ DUI charges are dismissed, evidence suppressed, are charges reduced due to the results being challenged by an experienced Tempe DUI Attorney.

Field Sobriety Tests: What Tempe Police Don't Tell You
One thing Tempe Police do not usually reveal to you is that the FST battery is not required under Arizona Law. According to Arizona law they are not mandatory. Some of the best Tempe DUI attorneys disagree on whether or not however, you should agree to take them or not. The reason being, that if you refuse, the police may arrest you on the spot. Some DUI Attorneys will advise you to take them and let your DUI Attorney challenge them through the proper legal channels. The choice is ultimately yours, depending on the circumstances surrounding your Tempe DUI stop.

FST performance results are judged by the Tempe police, and are the least reliable form of Tempe DUI evidence that can be used against you. Sadly, the Tempe Police sometimes make it sound like you did poorly on the tests, even if you did well. They want arrests and Tempe Court wants convictions. But the truth of the matter is that even persons unimpaired by drugs or alcohol may perform "poorly" depending on many factors including stress, intimidation, motor skill capability, fatigue from work, medical impairments and many other factors. This is another reason why they are often challenged by good Tempe DUI Layers. The intended purpose is for them to be used simply as a preliminary tool to determine if you show signs of impairment in order for the police decide if further breath, blood, or urine tests are needed.

Below are a sample of arguments for Field Sobriety Tests to be challenged and used as defenses taken from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies © Book to give you an idea of a few defense strategies a good Arizona DUI defense Attorney may use to defend your case by active winning defense Attorney and author James Novak:

• YOU WERE AT A DISADVANTAGE DUE TO UNFAVORABLE CONDITIONS AT ROADSIDE SUCH AS CLIMATE, ENVIRONMENTAL OR LANDSCAPING.

• THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS ACCORDING TO MEDICAL EXPERTS DUE TO THE LIGHTING AND OTHER NECESSARY FACTORS TO GET AN ACCURATE RESULT.
• FAILURE TO DETERMINE IF YOU WERE A APPROPRIATE CANDIDATE FOR ROADSIDE TESTING DUE TO SUCH FACTORS RECOGNIZED BY NHTSA STANDARDS WHICH MAY INCLUDE AND ARE NOT LIMITED TO WEIGHT RESTRICTIONS, MEDICAL IMPAIRMENTS, AGE, OR OTHER FACTORS THAT WOULD ADVERSE CONTRIBUTE TO POOR RESULTS

• NON-STANDARDIZED FIELD TESTS ARE NOT RECOGNIZED AS VALID BY NHTSA.

• THE POLICE OFFICER FAILED TO REPORT AND DOCUMENT TO POINT OUT THE LOCATION AND ROADSIDE CONDITIONS WHERE THE FST WAS ADMINISTERED.

• YOU REFUSED TO SUBMIT TO THE FIELD SOBRIETY TESTS SO THE POLICE REPORTED YOU REFUSED BECAUSE YOU FEARED YOU WOULD DO POORLY BECAUSE YOU WERE IMPAIRED BY DRUGS OR ALCOHOL.

These are just a few arguments of a vast amount that your AZ DUI Attorney can be made to challenge Field Sobriety Test results if you have received Arizona DUI charges. It is important that you consult a good Tempe DUI attorney who defends DUI cases frequently. The proper training, education, litigation and defense experience, are needed to properly challenge these issues. FST is just one of many aspects of your DUI that can be challenged in an effort of your Tempe DUI Attorney to get your case dismissed, charges reduced, evidence suppressed or the otherwise best possible outcome in your case.

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

Continue reading "Tempe AZ DUI Defense Tempe DUI Attorneys " »

August 21, 2010

Phoenix Drug Laws and AZ Drug Defenses

If you face any drug charges in Arizona, you should consult a good greater Phoenix Drug Defense Attorney, or criminal defense attorney who defends drug possession charges frequently in the Phoenix Courts. The penalties are some of the harshest in the country. Whether you were charged with drug possession in Phoenix, Mesa, Tempe, Gilbert, Scottsdale, Chandler or any other City in Arizona, the same laws will apply and are cited in A.R.S. Title 13 Chapter 34: DRUG OFFENSES 13-3401 to 13-3461.

Penalties and Sentencing for drug possession convictions in AZ rely on several factors:

A) How much of an illegal substance or controlled substance was found in your possession. Phoenix Police use this factor as a gauge to decide whether or not to charge you with drug possession or elevated to drug possession with intent to distribute or sell. Possession of drugs with intent to sell or sell carries heavier penalties and sentencing than Arizona drug possession.

B) The Arizona Judge and Prosecution will look at is repeat offenses. Repeat offenses are considered more serious with stiffer penalties.

C) Strength of the Arizona Prosecutions case and purpose of the drug and

D) Prior criminal history you may have.

Arizona drug classifications define drugs as falling within three basic categories which
Are defined in greater detail beginning with A.R.S. Title 13 Chapter 34: DRUG OFFENSES 13-3401:

1) Dangerous drugs
2) Narcotics drugs
3) Marijuana or Cannabis

Phoenix Drug Possession Defense
Just because you have been charged with a crime does not mean you are convicted. And with a good Arizona criminal attorney who defends cases frequently in Phoenix your chances of getting your charges dismissed greatly increase. Here are some evidentiary issues a good Phoenix Criminal Defense or Drug possession Attorney will examine, or challenge in building and mounting the best defense possible depending on the individual circumstances of your case:
• Determine if any of your Constitutional Rights were violated.
• Solicit an expert opinion (medical, toxicology, pharmaceutical, etc)
• Determine what the probable cause of your arrest
• Examine if law enforcement officer followed proper protocol arrest procedures
• Investigate if the search and seizure of the drugs was legal
• Challenge the amount of the illegal drug or controlled substance actually found
• Evaluate the location it was found, and if was in actuality "in your possession"
• Argue and challenge the difference between actual possession and constructive possession
• Determine if the drugs belonged to you or someone else
• Your knowledge or lack of knowledge that the drugs existed.
• Witness Interviews.
• Investigate the vehicle, where you were charged, arrested or allegedly maintained possession of the drugs.
• Rule out Entrapment issues
• Negotiate with the prosecution to have the criminal charges or sentencing significantly reduced based on the weakness in their case, your Attorney's compelling arguments, your clean criminal history, and other factors that may exist.
• File motions to have the charges dismissed, reduced, or some or all of the evidence suppressed depending on the challenged issues.

Drug case charges can be very complex. It is unwise to go without good Arizona Drug Crimes Legal Representation. If charged with Phoenix Drug Possession or any Arizona drug possession charge you should consult an Arizona Criminal Defense Attorney for a consultation regarding your matter. The most and the fastest convictions occur for those who decide to go unrepresented by a good Phoenix criminal defense or Drug defense Attorney. Some of the best Attorneys in Arizona provide free consultations. So you have nothing to lose by discussing your options. Make sure your consultation is both free and confidential. If you are in custody, at the time of your call, be sure you let the Arizona Criminal Defense lawyer know this when you are speaking with them, so your rights can be protected during the phone consultation.

If you have been charged with any Phoenix, Arizona DUI, Drug DUI, DUI with Medication, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI; any Drug Crimes including Illegal drugs, Dangerous drug charges, drug sales, drug possession, drug manufacturing, drug paraphernalia, drug or prescription forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

Continue reading "AZ DRUG POSSESSION LAWS Phoenix Drug Possession Attorney " »

August 20, 2010

How Tempe DUI Lawyers Get DUI Charges Dismissed

"If the Tempe DUI stop was found to be illegal, there is strong potential that your Tempe DUI charges can be dismissed."

If your face Tempe DUI charges, you should consult an Arizona DUI Lawyer who defends DUI charges in Tempe on a regular basis. Many Good DUI Attorneys will provide you with a free consultation. During your consultation Your Tempe DUI Attorney will some important questions. One of the first questions a good AZ DUI attorney will ask you is "What was the alleged reason for the Tempe DUI stop? Although they may sound like irrelevant questions to you, they will be imperative in your defense, which could lead to a possible dismissal of your charges.

The United States Supreme Court has held that an officer must have a "reasonable suspicion" that a criminal offense or traffic offense has been committed or is in progress in order to stop a vehicle. (This excludes DUI Checkpoint Task Force which requires the police to stop cars in an advanced mathematical formula decided by City or County Officials or the Police Department Management).

If the officer did not have a reasonable suspicion, then the remedy can call for a dismissal of the DUI charges. An officer cannot legally stop a driver unless they can substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. For example weaving within one's own traffic lane for a short distance or making a wide turn, is not generally unlawful and should not justification for a Police Officer to Stop you for suspicion of Drunk Driving in or Drug DUI in Tempe. These types of driving actions are commonly seen in unimpaired drivers.

If the Tempe DUI stop by the police was illegal then your Tempe DUI Attorney will go through the proper channels, argue the defense, and file the appropriate motions to have your DUI charges dismissed. Then it will be up to the judge or jury to decide if the stop was truly meritless. If the Tempe DUI stop was found to be illegal, there is strong potential that your DUI charges can be dismissed or any evidence after the stopped suppressed. In any event, it puts a wrench in the prosecution's case against you.

To learn more about the many DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit WWW.arizonacriminaldefenselawyer.com.
There you can download free "Arizona Winning DUI Defense Strategies" © books written by winning defense Attorney James Novak, which includes "101 AZ DUI Defenses" ©.

If you have been charged with any Tempe AZ DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI wit child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, 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 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 Tempe, Phoenix, Chandler, Scottsdale, Gilbert, Mesa, Gilbert, and surrounding areas valley-wide within Maricopa County Arizona.

Continue reading "Tempe Illegal DUI Stop ׀ Arizona DUI Laws " »

August 20, 2010

You Will Need A Good Criminal Defense Lawyer

Phoenix Laws DUI

A "Phoenix Felony DUI" is also considered an "Aggravated DUI" If you've been charged with Felony DUI (Driving under the Influence) in Arizona, the best advice you can get now is to contact an experienced Arizona Criminal Defense Attorney or Felony DUI Defense Attorney.

A Phoenix Misdemeanor DUI is elevated to a Phoenix Felony DUI under the following circumstances and paraphrased from A.R.S. 28-1383:

• DUI charges involving a motor vehicle accident which resulted in bodily injury or significant harm to another person, pedestrian, driver, or passenger in a vehicle.
• DUI manslaughter - When the DUI and Auto accident results in a fatality of another while you are under the influence of alcohol or drugs.
• You have been charged with your third DUI within 7 years
• DUI arrest while on a on a suspended or revoked driver's license
• Driving under the influence of alcohol or drugs impaired, and with a minor, in Arizona that is age 15 or under) in the vehicle you are driving.

Phoenix Felony DUI Penalties under Arizona Law- Arizona Revised Statutes
Phoenix AZ Felony DUI Penalties are cited under Aggravated DUI A.R.S. 28-1383 and A.R.S. § 28-1383, up to 10 years. A.R.S. §13-902(B):

• Four months in Jail or Prison, if you have no prior criminal record or felony convictions. Also this is subject to circumstances if serious injury or a fatality has occurred, this sentencing may be significantly harsher.
• Up to $150,000 plus 80% surcharge
• $1500 prison assessment
• $250 abatement fee
• Evaluation Costs
• Drug or Alcohol Treatment & Counseling Costs
• Probation and probation Fees
• Driving Privileges can be revoked for up to 3 years
• Court ordered Ignition Interlock Device for your auto once you qualify to get your driver's license back.

Phoenix DUI and Felony DUI laws are constantly changing. The above laws and punishments are constantly changing. This is why it is so important to hire an experienced, highly qualified Arizona Criminal or AZ DUI defense Lawyer who defends cases often in Phoenix. That AZ DUI Attorney needs to be familiar with defending Felony DUI charges in the court jurisdiction where you were arrested. Your criminal defense attorney must be well versed on the Phoenix law, Courts, Protocol, how to use the Law and Constitution in your defense; But most importantly, they must be extremely knowledgeable as to what defenses can be utilized the most effectively based on your circumstances in an effort to get the ultimate best outcome in your case.

Many winning defenses are outlined in the Arizona DUI Winning Defense Strategies Book Series © which includes "101 Arizona DUI Winning Defenses" © written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. The Attorney you choose to defend your Felony DUI in Arizona may mean the difference between getting a conviction and getting your charges dismissed. It may be the one of the most important decisions you make in a lifetime.

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.

Continue reading "Phoenix Felony DUI " »

August 20, 2010

How Good Scottsdale DUI Attorneys Can Challenge Field Sobriety Test Results
Field Sobriety Tests Defenses

Field Sobriety Tests
Field Sobriety Tests are standardized tests adopted by the National Highway Traffic Safety Administration (NHTSA). But many of the best Arizona DUI lawyers, who defend cases in Scottsdale regularly, consider them to be invalid tests which are often challenged. This is due to their subjective nature and police biases in reporting the results, of the driver they stopped for the Scottsdale DUI. Many AZ DUI charges are dismissed, evidence suppressed, charges reduced, or other favorable outcomes due to the results of FST challenged by an experienced AZ DUI Attorney who defends DUI charges in Scottsdale often and clearly knows how to challenge such evidence.

What Scottsdale Police Don't Want You to Know
One thing Scottsdale Police do not usually tell you is that Field Sobriety Testing is not required under Arizona Law. You have the right to refuse. Some of the best AZ DUI attorneys disagree on whether or not you should refuse the FST. The reason it is controversial is because if you decline, the Scottsdale police may arrest you and take you into custody on the spot. It just depends on the situation, and the police officer's justification of probable cause for arrest. Some DUI Attorneys will advise you to take the tests and then DUI Attorney defending your Scottsdale DUI charge, challenge the results after the fact, through the proper legal channels. The choice is yours. You should consider your circumstances at the time of the stop.

FST results are determined by the Scottsdale police officer conducting the FST. The FST is the least reliable of any Scottsdale DUI evidence that they will attempt to use to convict you of your Scottsdale DUI. It is unfortunate, but Scottsdale Police have been known to intentionally make it sound like you did poorly on the tests, when in fact you did as good as or better than someone unimpaired on drugs or alcohol. The Scottsdale Police want arrests. Scottsdale Court and prosecutors want convictions.

However the fact is that studies have shown that even persons unimpaired by drugs or alcohol may perform "poorly" depending on many factors which include but are not limited to stress, intimidation, motor skill capability, work related fatigue, medical impairments and many other factors. This is another good reason why they are often challenged by experienced DUI Lawyers who defend cases in Scottsdale frequently. The actual purpose for the FST is to use it as a preliminary resource, for the officer to make a decision as to whether or not additional DUI or Drug testing is needed. It is not intended nor can it be used as the only evidence to convicting of a Scottsdale DUI. Despite this however, the Gilbert Court and Prosecution will attempt to place more emphasis on the FST evidence if the police report that you performed poorly on the FST.

Below are a sample of arguments for Field Sobriety Tests to be challenged and used as defenses taken from "101 DUI Defense Strategies" © Winning Arizona DUI Defense Strategies © Book to give you an idea of a few defense strategies a good Arizona DUI defense Attorney may use to defend your case by active winning defense Attorney and author James Novak:

• YOU WERE AT A DISADVANTAGE OF PERFORMING THE TESTS ACURATELY DUE TO UNFAVORABLE ROADSIDE CONDITIONS WHICH MAY INVOLVE SUCH THINGS AS INCLIMATE WEATHER, HEAVY TRAFFIC, UNLEVEL GROUND, OR OTHER ENVORNMENTAL OR LANDSCAPING ASPECTS THAT WOULD ADVERSELY IMPACT THE RESULTS.

• ACCORDING TO MEDICAL EXPERTS, THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS. THE TEST MUST BE PERFORMED UNDER MEDICALLY REQUIRED STANDARDS AND CONDITIONS THAT ARE SIMPLY NONEXISTENT IN A ROAD SIDE ENVIORNMENT. ONE EXAMPLE IS STRICT LIGHTING SPECIFICATIONS.

• THE POLICE TESTED YOU DISPITE THE FACT THAT YOU WERE AN INAPPROPRIATE CANDIDATE FOR AN FST ACCORDING TO NHTSA STANDARDS. SOME ISSUES THAT MAY DISQUALIFY A PERSON FROM BEING A CANDIDATE FOR SUCH TEST ARE WEIGHT RESTRICTIONS, MEDICAL IMPAIRMENTS OR CONDITIONS, SUCH AS BALANCE, HEART, OR ARTHRITIC PROBLEMS, ADVANCED AGE, AND MANY OTHER MEDICAL CONDITIONS OR FACTORS THAT MAY CONTRIBUTE TO INACCURATE OR POOR RESULTS.
• FIELD SOBRIETY TESTS NOT RECOGNIZED BY NHTSA ARE INVALID AND CAN NOT BE HELD AGAINST YOU.

• THE POLICE OFFICER LEFT OUT FROM THE POLICE REPORT THE LOCATION AND ROADSIDE CONDITIONS WHERE THE FST WAS ADMINISTERED AT THE TIME OF THE TESTING.

• AS A RESULT OF YOUR REFUSAL TO SUBMIT TO THE FST, THE POLICE CONCLUDED THAT YOU REFUSED BECAUSE YOU FEARED YOU WOULD DO POORLY BECAUSE YOU WERE IMPAIRED BY DRUGS OR ALCOHOL.

• YOU PERFORMED POORLY BECAUSE YOU WERE FEELING OVERWELMED BY THE ORDEAL, NERVIOUS, INTIMIDATED, MISTREATED, OR ABUSED BY THE POLICE OFFICER (S).

• THE POLICE INCORRECTLY ADVISED YOU, THAT THE FST WAS MANDATORY OR REQUIRE BY ARIZONA LAW.

These are just a few arguments of many that an AZ DUI Attorney can use to challenge the Field Sobriety Test results that lead to your Scottsdale DUI charges. You should consult a good Scottsdale DUI attorney who defends DUI cases frequently. FST is just one of many areas of multitudes of issues surrounding your DUI that can be challenged in an effort for your Attorney to fight to get your Scottsdale DUI dismissed, charges reduced, evidence suppressed or the otherwise best possible outcome in your case.

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

Continue reading "Scottsdale DUI " »

August 19, 2010

How to find a Good DUI Lawyer in Chandler

"Hiring a good Chandler, AZ DUI Attorney can mean the difference between a DUI conviction and a dismissal of your DUI Charges."

Chandler, Arizona is tough on DUI charges. Convictions carry some of the most severe penalties in the country. If you have been arrested for a DUI in Chandler AZ, you will need the best Chandler criminal defense attorney or DUI defense lawyer you can find. It is important that you find a DUI Attorney who defends DUI charges on a regular basis, and exclusively practices criminal defense and DUI defense. You also want to make sure they defend cases frequently in the court for which you must appear in Chandler, AZ. . Choosing a DUI Lawyer to defend your DUI charges may be one of the most important decisions you will ever face. Below are just a few facts you want to know before making the decision to hire a DUI Attorney. These excerpts have been cited from "Winning Arizona DUI Defense Strategies © Book Series". Abridged versions of all three DUI Defense help books in he series can be downloaded by the public FREE of charge at www.arizonacriminaldefenselawyer.com

• Which Associate at your Firm will be my Attorney?
• Will I meet with my Attorney before my court date?
• How much work will my Attorney be putting into my case before my court date?
• Does my DUI attorney defend DUI and Criminal cases exclusively?
• Will you be the lawyer who is actually handling my case?
• Who is doing all the investigation on my case? Will you be the lawyer who shows up to court with me?
• Will you be switching lawyers on me?
• Can I meet my assigned lawyer before I agree to hire your firm?
• Will I be able to speak to you if I have a question or concern?
• What are the minimal and maximum sentencing potential of my criminal or DUI charges?
• What is it going to cost for me to hire you?
• Will I have additional court processing fees?
• Will I be responsible for fees incurred for lab retesting or expert fees?
• Does the Attorney charge by the hour or is it a flat affordable fee?
• Is the fee competitive as compared to what similar DUI Attorneys are hiring?
• Why are your fees so much higher than the other quote I received?
• Because your fee is higher does that mean you do extra work or are better skilled?
• What is the final total dollar amount I will have to pay? Is the initial amount a retainer? And is there more charges later?
• Do you charge a flat fee or by the hour?
• What is my stop/loss of fees?
• Will you negotiate a payment plan with me?
• Do I have to pay all up front?
• When will you begin the work on my case?
• Will you be giving me a copy of my fee agreement after me sign?
• How much experience do you have in defending DUI and Criminal Cases?
• What background do you have that qualifies you to handle my case?
• Have you ever been a criminal or DUI prosecutor? Where? How long?
• How much trial and litigation experience have you had?
• What training do you have with the issues involved in my case?
• How many cases like mine have you handled?
• How often do you handle this specific type of case?
• How often do you deal with this particular prosecutor?
• How often do you appear in this court?
• How often do you appear before this particular Judge?
• What is your current caseload?
• How long should I expect to wait to hear back from you if I have to leave a message for you?

Choosing the right attorney to defend your DUI or criminal charges may be one of the most important decisions you will make. Even the best Arizona attorneys who defend DUI cases in Chandler provide Free Consultations. Make sure you are talking with the actual attorney who will be representing you. As far as the questions, you have every right to ask any of these prudent questions that are important to you. If you are being made to feel uncomfortable that you are asking them, head for the exit door. If you can't ask these questions now, either the answers are not in good, or you'll find this a good indication, that you will have difficulty communicating with your attorney after you hire them too... but most likely worse. Communication plays a huge part in the success or failure of your defense.

If you have been charged with any Chandler 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 Chandler DUI, Chandler 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 Chandler criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Chandler AZ DUI Attorney" »

August 17, 2010

A Felony DUI is also known as an Aggravated DUI. If you have been arrested for a Felony DUI (Driving under the Influence) in Arizona, the best advice you can get is to contact an experienced Arizona Criminal Defense Attorney or Felony DUI Defense Attorney as soon as possible for a Free Consultation. Most of the best Arizona DUI and Criminal Defense Lawyers will provide you with a free consultation. A Felony DUI is a very serious offense and carries very serious penalties under Arizona law. It can not be stressed enough for you to get DUI legal representation from a good DUI defense Lawyer in Arizona in the jurisdiction where you were charged.

A Misdemeanor DUI is elevated to a Felony DUI under the following circumstances and paraphrased from A.R.S. 28-1383:
DUI involving auto accident which causes bodily injury or harm to another person, pedestrian, cyclist, driver, or passenger in a vehicle.
• DUI manslaughter - When the DUI and Auto accident results in a fatality of another while you are under the influence of alcohol or drugs.
• Your Third DUI within 7 years
• DUI while on a on a suspended license
• Driving under the influence of alcohol or drugs impaired, and with a minor (In Arizona that is age 15 or under) in the vehicle you are driving.

Arizona Felony DUI Penalties under Arizona Revised Statutes
AZ Felony DUI Penalties are cited under Aggravated DUI A.R.S. 28-1383 and A.R.S. § 28-1383, up to 10 years. A.R.S. §13-902(B):
• A minimum of 4 months in Jail or Prison. (If record is clean with no prior felony convictions.) Also this is subject to circumstances if serious injury or a fatality has occurred, this sentencing may be significantly harsher.
• Up to $150,000 plus 80% surcharge
• $1500 prison assessment
• $250 abatement fee
• Evaluation Costs
• Drug or Alcohol Treatment & Counseling Costs
• Probation and probation Fees
• Driving Privileges can be revoked for up to 3 years
• Court ordered Ignition Interlock Device to be used on your vehicle

Arizona DUI and Felony DUI laws are constantly changing. The above penalties can change at any time. For the reasons above it is so important to hire an Arizona Criminal or DUI defense Lawyer. That AZ DUI Attorney needs to be familiar with defending Felony DUI charges in the court jurisdiction of which your were charged, be up to date on laws, co1urt and defense protocol and most importantly be extremely knowledgeable as to what defenses can be utilized the most effectively based on your circumstances in an effort to get the ultimate best outcome in your case.

Many winning defenses are outlined in the Arizona DUI Winning Defense Strategies Book Series © which includes "101 Arizona DUI Winning Defenses" © written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. The Attorney you choose to defend your Felony DUI in Arizona may mean the difference between getting a conviction and getting your charges dismissed. It may be the one of the most important decisions you make in a lifetime.

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 Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Arizona Felony DUI Lawyer AZ Laws DUI " »

August 15, 2010

One Defense Mesa, AZ DUI Attorney can use to get Your Mesa DUI Charges Dismissed

Illegal DUI Stop

If you were face Mesa DUI charges you should contact a Mesa DUI Attorney or AZ DUI Lawyer who defends Mesa DUI charges in the Mesa Courts frequently. The Criminal Defense or DUI Attorney defending charges in Mesa, AZ will ask you some important questions. If you have consulted an experienced Arizona or Mesa Arizona DUI lawyer one of their first questions will be "Why did the Mesa police claim they pulled you over?" Although that may sound like an insignificant question, the answer is imperative to your defense. In fact, it could just lead to a possible complete dismissal of your Mesa DUI charges.

The United States Supreme Court has held that the police or law enforcement entity must have a "reasonable suspicion" that a crime or traffic offense has been committed or is in progress of being committed in order to stop a vehicle. (This does not apply to DUI Sobriety Checkpoint Stops. Those DUI stops are determined in advance by means of a mathematical formula decided by City or County Officials or the Police Department Management for that particular Task Force or DUI Check Point location).

"If your Mesa DUI stop was found to be unlawful, there is strong possibility it could lead to dismissal of your Mesa DUI charges."

If the officer did not have a valid "reasonable suspicion" as described above, then the remedy in negotiations with the prosecution may call for a dismissal of the DUI charges. An officer cannot legally stop a driver unless they can substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. For example weaving within one's own traffic lane for a short distance or making a wide turn, is not generally unlawful and should not justification for a Police Officer to stop you for suspicion of Drunk Driving in or Drug DUI in Mesa. These types of driving actions are commonly seen in unimpaired drivers.

If the Mesa DUI stop by the police was illegal then your Mesa DUI Attorney will go through the proper channels, argue the defense, and file the appropriate motions to have your DUI charges dismissed. The police work closely with the Mesa prosecutors to justify that their actions of stopping the vehicle and that

"reasonable suspicion" existed for the stop. If the Prosecution and your Mesa DUI Lawyer are unable to reach an agreement, finally, it will be up to the judge to decide if the stop was truly meritless. In some cases charges can be reduced or evidence suppressed. But at the evidentiary hearing, when your Attorney discusses the weaknesses in the prosecutions cases, they are much more likely to negotiate in your favor for the best possible outcome. If your Mesa DUI stop was found to be unlawful, there is strong possibility it could lead to dismissal of your Mesa DUI charges.

To learn more about the many DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit WWW.arizonacriminaldefenselawyer.com. Here you can download free "Arizona Winning DUI Defense Strategies" © books written by winning defense Attorney James Novak, which includes "101 AZ DUI Defenses" ©.

If you have been charged with any Mesa AZ DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI wit child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, 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 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, Tempe, Chandler, Mesa, Scottsdale, and surrounding areas valley-wide within Maricopa County Arizona.

Continue reading "Mesa AZ Laws ׀ DUI Stop " »

August 14, 2010

The Best Gilbert, AZ DUI DWI lawyers use AZ DUI laws to try and get your Gilbert DUI Charges dismissed.

"Here is just a small sample of 10 Defenses your Gilbert DUI Attorney fighting your Gilbert AZ DUI charges may use..."

Gilbert Arizona has a well known reputation for being one of the most aggressive cities in Arizona for DUI stops, DUI arrests and DUI prosecutions. Arizona DUI Defenses exist that the best DUI Attorneys who defend cases regularly in Gilbert can use to challenge your Gilbert DUI Charges, in an effort to get your case dismissed or brought down to less serious charges. There are countless defenses that can be used depending on you're the circumstances surrounding your Gilbert AZ DUI charges. Many of these are used by winning defense and trial Attorney James Novak, AZ DUI defense Attorney and author of three "Arizona Winning Defense Strategies Books ©" one of which is entitled "101 DUI AZ Winning Defense Strategies" © Book.

Note to reader: Abridged versions of all three AZ criminal defense and DUI defense books can be downloaded free of charge to the public simply by visiting www.arizonacriminaldefenselawyer.com. Here is just a small sample of 10 defenses that your Gilbert DUI Attorney fighting your Gilbert AZ DUI charges may use in an attempt to get your case dismissed, charges reduced or otherwise best possible outcome on your Gilbert AZ DUI Case.

1. Were You Actually Driving or in Physical Control of the Vehicle?
Arizona Prosecution must prove that you were driving or in actual physical control of a vehicle while impaired. The state may be unable to meet this burden of proof, if there were no witnesses to testify. Most recently, Arizona case law surfaced causing this factor to be stricter when it was determined that the defendant was found to have had the "Potential" to be in actual physical control of the vehicle. However, that does not stop your private practice DUI defense Attorney from challenging the evidence surrounding your Gilbert AZ DUI. Each case has its own set of circumstances. .

2. Did The Police Have Reasonable Suspicion to Stop Your Vehicle in the First Place?
A police stop is unlawful if there was no reasonable suspicion for the police to make a stop of a driver. So if the officer lacked a valid reason for the traffic stop, any evidence of a Gilbert DUI resulting from an unconstitutional stop by the police must be suppressed, and may not be used to try to convict you.

3. Did the Police have "Probable Cause" to Arrest You?

"Probable cause to arrest" is a much higher standard than "reasonable cause to stop".
The officer can't arrest at a whim without probable cause and means valid evidence.
The Police must have valid and reliable information which would lead a reasonable person to conclude that the person is drunk driving in Gilbert, AZ, driving under the influence of drugs for Gilbert Drug DUI, other toxic substance in addition to or absence of alcohol at time of the Gilbert DUI arrest. Otherwise the Gilbert arrest is unlawful, evidence dismissed or case completely dismissed depending on the circumstances and what can be negotiated with the prosecution and your Gilbert Defense Attorney due to that significant weakness in the prosecutor's case.

4. Where the Field Sobriety Tests (FST') Administered Properly?

The National Highway Traffic Safety Administration (NHTSA) has established procedures, protocol and guidelines regarding the administration of Field Sobriety Test. The FST must be a recognized, credible, accurate test conducted by approved and properly trained and certified police officers. If violations exist, FST results can be suppressed, or an argument can be made to challenge the charges completely in an effort to get the case dismissed.

5. Were You Denied The Right to Contact Defense Attorney?
When a person arrested for Gilbert DUI, and requests a lawyer, the police must provide an opportunity as early as possible. You must be given the opportunity to
speak with an attorney either telephonically or in person when it becomes reasonably possible. You have a right to defense counsel, which is inherent in the constitution. Absent a valid and understandable reason as to why you were denied this right, an argument can by made by your attorney for suppression of all evidence to the point your right was honored, or a total dismissal of your Gilbert DUI charges. .

6. Where Your Miranda Rights Read to You at the Appropriate Time?

The lack of the reading of your Miranda Warning, or when the Miranda Rights
rights were read to you, may lead to suppression of evidence, or dismissal of charges, depending largely on the facts.

7. Were Your Breath Test Results Unreliable or Inaccurate due to machine error or malfunction or fault of the officer conducting the test?
In order for breathalyzer test evidenced to be valid, guidelines and protocol must be followed. Some factors that are typically challenged by AZ DUI defense Attorneys
Are the type of device used; preliminary or official breath test results were too far apart; maintenance or recent repairs of the device were required; existence of records that the device was in working order do not exist, and credentials of the officer administering the test.

8. Retrograde an Issue?
In more simple words, this is just a method which compensates for alcohol consumed shortly before driving that could read higher at the time of the test than at the time of driving. Typically, most people require between 30 minutes and a differing number of hours to absorb alcohol in their system. This is a challenging defense and argument to make. Only the most experienced AZ DUI attorneys recognize this as a possible issue in your case and have the training and skills to challenge it. Many jurisdiction in the country, do not even allow the evidence or argument to be admitted.

9. Were the Blood Alcohol Testing (BAC) & Urine Test valid and reliable?
Results of blood alcohol testing are admissible only if the State can establish the blood was drawn by qualified personnel, proper protocol and scientific analysis used. Your Gilbert, AZ DUI Lawyer can also challenge issues surrounding the test administration, labeling of specimen, handling and storage, proof that the specimens and test results were actually yours, and other evidence and other protocol. .

10. Were You Denied an Independent Blood or Urine Test?
You have the right to due process to collect independent, scientific or other evidence that may be in your best interest regarding blood alcohol concentration (BAC). The State may not unreasonably interfere or deny this right. If necessary, your DUI Attorney defending your Gilbert, AZ DUI charges can even have the specimens retested by an independent lab which may lead to suppression of the evidence depending on issues surrounding lab results.

In summary, it is important to know that many defenses exist an can be used to
Get your DUI charges dismissed. But the Gilbert DUI Prosecution will not help you. They don't want to hear about the weaknesses in the case, or your story, from you. Their job is to convict you, regardless of how polite or kind they may be to you. They turn the other way and ignore any evidence or weaknesses in their case it will help you get better outcome and if you are not represented by a private practice good Gilbert DUI Lawyer. It is very dangerous to go without representation on any Arizona DUI case. The best Arizona DUI attorneys will over turn every stone to look for flaws or weaknesses in the prosecutions case to challenge, and fight to get your case dismissed, reduced to lesser charges, or the best possible outcome in your case.

If you have been charged with any Gilbert 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 Gilbert DUI, Gilbert 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 Gilbert criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

Continue reading "Gilbert DUI DWI Drunk Driving Lawyer" »

August 11, 2010

AZ Extreme DUI - Your Options - What an experienced AZ DUI Lawyer will do for you.

"How an Extreme DUI charge may be reduced or completely dismissed with a good AZ DUI Attorney"

Any Tempe DUI lawyer you consult will tell you how serious a Tempe DUI can be and how it can have devastating effects on your life, future and freedom. But it is even more serious when the Tempe DUI is upgraded to an "Extreme DUI. A Tempe DUI charge escalates to "Extreme DUI" if your Blood Alcohol Content (BAC) exceeds 0.15%. The BAC level is usually determined by a breath or blood test administered by the Tempe Police or their Crime Lab personnel. If the BAC level exceeds 0.20 it is then designated as a "Super Extreme" which carries even more severe penalties and incarceration time if convicted. If you face any Tempe DUI it is important that you consult a good Tempe, AZ DUI lawyer who regularly defends extreme DUI charges in the Tempe Court.

There is hope. First understand that simply because you were charged and arrested in Tempe for an extreme DUI does not mean you are guilty, or that you will be convicted of that crime. It only means that at the time of the arrest, the police felt they had "probable cause" for arrest. An experienced Tempe DUI Attorney may be able to challenge that evidence and disprove that cause. If you have received a Tempe AZ extreme DUI you must understand your options so you can make a well thought out decision on how to proceed and understand there are consequences that you must live with related to that decision. Here are your options for a first offense extreme DUI:
A. Plead guilty and do not defend your Tempe Extreme DUI Charges. You could find yourself facing the max for first offense which includes minimum 30 days jail and up to 6 months; impound of the vehicle you were driving when arrested; use of Ignition interlock device on your automobile, suspension of driver's license up to 90 days, court ordered alcohol or drug treatment program, probation, fines, fees, and or restitution if applicable.

B. Ignore the complaint and fail to appear for your court date on the required time and day scheduled. In that case a warrant for your arrest will be issued by the court. The police may go to the place you work, school, home, or wherever they think they can find you to arrest you.

C. If you meet financial qualifications and other requirements, you may have the option of using a "public defender." Although their job is to defend you, they are often challenged by time and resources due to the very large caseloads they must carry, and face reduced staffing due to budget restraints. You need to know your attorney is fighting for you, is accessible, and is examining every aspect of your case and evidence and is in a position to do what it takes to do everything possible to try and get your case dismissed, charges reduced or other outcome. Before you go that route, it is strongly suggested that you talk to someone you know who has used a public defender. Ask them about what type of defense they were able to provide, their experience with the public defender, and the outcome of their case.

D. Show up to court unrepresented by a good private practice AZ criminal defense or AZ DUI Attorney. This is extremely dangerous. The results can land you with the maximum penalties. The prosecutors know the protocol, the evidence, how to argue your case, how to get you to incriminate you, and allow you to incriminate yourself, how to make their case against you stronger, and will ignore any weaknesses, flaws, or any violations of your rights. You will most likely end up with the results in option A. above.
E. Hire a reputable experienced Tempe criminal defense or Tempe DUI Attorney, the best you can find to defend your case. You will be surprised to learn that some of the best Tempe Attorneys provide free consultations, and if hired, are even more affordable than other attorneys not as skilled or experienced. A good Tempe criminal defense or Tempe DUI lawyer, will fight to get your charges completely dismissed, reduced, or in the least a much better outcome in your case. There are many defenses that can be used, and evidentiary issues that can be challenged to accomplish this.

A good Tempe DUI Attorney will examine evidence, overturn every stone, determine if there were any violations of your constitutional rights, verify the reason for the DUI stop, "probable cause" police used to justify your arrest, and many more factors. There are factors that may seem irrelevant to you, but a good DUI Attorney may see it as a passage way to a dismissal or other favorable outcome for you, which has a great amount of weight on your case. You will not get such benefits or evidence challenged without a good private practice Tempe, AZ Criminal or DUI attorney. A good private practice DUI Attorney in Tempe may be able to suppress evidence, get your case dismissed, a "not guilty", or a reduction of your AZ DUI charges. Option E. gives you piece of mind, and the greatest chance at freedom and a new start on life without devastation of a Tempe AZ DUI conviction.

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

Continue reading "Tempe AZ Extreme DUI " »