September 2010 Archives

September 30, 2010

Phoenix Criminal Defense Weapon Charges

"The defense of a Arizona good criminal attorney who defends weapons charges frequently in Phoenix Criminal Justice System will greatly increase your chances of a getting a good outcome in your case."

Weapon Charges in Phoenix AZ
Weapons charges are commonly charged along with other criminal offenses if you were charged or arrested in Phoenix AZ for a weapon or gun charge. Weapon charges and gun charges can be very serious. If you were arrested or face any type of weapon charges of Phoenix Arizona, you should consult an experienced AZ Criminal Defense attorney who defends weapons charges frequently in Phoenix AZ court through the criminal justices system. A Phoenix AZ conviction for a felony weapon charges carry serous consequences, including a jail or prison sentences. Some of the more serious crimes involving weapons for which sentencing will be more severe include but are not limited to the following:

• Unlawful Discharge of a Firearm
• Endangerment
• Aggravated Assault
• Using a Weapon in a Threatening Manner
• Felon in Possession of a Firearm
• Assault with a Deadly Weapon
• Armed Robbery or Burglary
• Possession during commission of other crimes not listed above

Some stand alone Phoenix AZ weapons offenses including guns and firearms include but are not limited to the following and usually classified as Misconduct Charges:

• Prohibited possessor
• Prohibited firearms
• Illegal in possession
• Altered serial number

Phoenix AZ Weapons Defined (not all inclusive)
Dangerous or deadly weapon: Any weapon designed for lethal use, including firearms. Common items such as knives and guns fall under the Arizona definitions. And depending on the circumstances, the law also includes items such as baseball bats or vehicles.

Prohibited weapons: These are weapons that are completely illegal in the state of Arizona which include but are not limited to: short barrel shot guns, grenades, rockets, bombs, poison gas, and nun-chucks.

Firearms: These are defined as any loaded or unloaded gun, pistol, rifle, shotgun, or any other device designed to expel a projectile.

Explosives: dynamite, nitroglycerine, black powder, or plastic explosives.
(Definitions paraphrased from A.R.S. www.azleg.state.az.us)

Arizona Weapon Laws
There are many different types of weapon charges, and situations for which weapon charges may apply. Weapon charges in Arizona are specifically are comprehensive and specifically defined and classified under the State weapons laws. Whether you were arrested for Weapon Charges in Phoenix AZ, Mesa AZ, Tempe AZ, Chandler AZ, Scottsdale AZ, Gilbert AZ, Maricopa County AZ or any other county or city in Arizona you will be subject to the rules of authority of Arizona State Law and criminal codes cited below:

"A.R.S. Chapter 31 WEAPONS AND EXPLOSIVES

13-3101 through 13-3120"
(Citations from www.azleg.state.az.us)

Weapon Charges Defense Attorneys in Phoenix Arizona
Weapon Charges are not the type of charges you want to challenge on your own through the Arizona criminal justice system or the maze of procedures and protocols of the Arizona courts. Due to their potentially serious nature, you should contact a Phoenix AZ criminal defense attorney, weapon's charge defense attorney or attorney who defends weapon charges often in Phoenix criminal justice system and Phoenix courts, frequently, if you have been charged or arrested for any weapon charge. A good Phoenix criminal Lawyer will gather and examine all the facts surrounding your case, make sure your constitutional rights have not been violated, tell your side of the story through proper legal channels, present compelling arguments in negotiations, hearings, trials, and through motions to protect you against the works outcome and harshest penalties. An experienced Phoenix AZ weapon charges defense attorney will do everything possible to suppress any evidence against you, attempt to get your charges reduced or to achieve the best outcome of getting your charges dismissed. Every weapons charge case is different and the defenses that will be used may be different and outcomes may vary depending on the circumstances, strength of the evidence and prosecution's case, and nature of the crime.

The defense of a Arizona good criminal attorney who defends weapons charges frequently in Phoenix Criminal Justice System will greatly increase your chances of a getting a good outcome in your case.

If you have been charged with any Arizona DUI, Aggravated DUI, Extreme DUI, Second DUI, Third or more DUI charges, DUI Under age 21, Drug DUI, Minor Consumption DUI, DUI with child under 15 in vehicle, Felony DUI, Any Drug Charges, Drug possession charges, Drug sales, Drug Distribution, Drug Trafficking, Drug smuggling, Drug Importation, Drug Transportation, Drug Cultivation, Drug Manufacturing, Misdemeanor Drug charges, Felony Drug charges, Dangerous Drugs, Narcotics, Marijuana, or any other criminal charge including theft, assaults, aggravated assault, domestic assault, sexual assault, police assault, domestic violence, probation violations, robbery, theft, burglary, vehicular assault, weapon charges, disorderly conduct with a weapon, endangerment with a weapon, other firearm and gun charges, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

For more Arizona criminal defense and DUI defense help, free DUI defense books, and free DUI and criminal defense videos visit: http://www.arizonacriminaldefenselawyer.com

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

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

September 29, 2010

AZ Weapon Laws and Criminal Defense

"There are many defenses that can be used by qualified Criminal Attorneys in Arizona to challenge the evidence against you and weapon charges. Due to their potentially serious nature of weapon charges in AZ, you should contact an Arizona criminal defense or weapon's charge defense attorney as soon as possible if you are charged or arrested for any weapon charge."

Weapon Charges in AZ
If you face weapons charges in Arizona, you were most like charged with other criminal charges in Arizona at the same time. Usually weapons charges are paired with other offenses. Weapon charges can be very serious. If you were arrested or face weapon charges of any kind in Arizona, you should consult an experienced AZ Criminal Defense attorney to discuss you charges, potential penalties, and criminal defense options. A conviction in Arizona for a felony weapon charges carry serous consequences, including a jail or prison sentences. Even a minor misconduct charge involving a weapon misdemeanor can be serious depending on the circumstances surrounding the incident. If the weapon is used in commission of a crime increases the seriousness of the crime.

According to Arizona criminal law, a dangerous or deadly weapon can be defined (paraphrased) as anything designed for lethal use. Common items such as knives and guns fall under the Arizona definitions. And depending on the circumstances, the law also includes items such as baseball bats or vehicles. Cases also exist, where persons themselves can be considered deadly or dangerous weapons if they are highly skilled in such areas as marshal arts, or boxing, and the like, and possess the capability or did actually cause serous injury to another person. A weapons charge that results in a serious injury to another person will increase the have sentencing range if an individual is convicted.

Arizona Weapon Laws
There are many different types of weapon charges, scenarios, and situations for which weapon charges may apply. Weapon charges in Arizona are specifically are comprehensive and specifically defined and classified under the State weapons laws. Whether you were arrested for Weapon Charges in Phoenix AZ, Mesa AZ, Tempe AZ, Chandler AZ, Scottsdale AZ, Gilbert AZ, Maricopa County AZ or any other county or city in Arizona you will be subject to the rules of authority of Arizona State Law and criminal codes cited below:

"A.R.S. Chapter 31 WEAPONS AND EXPLOSIVES
13-3101 Definitions
13-3102 Misconduct involving weapons; defenses; classification; definitions
13-3102.01 Storage of deadly weapons; definitions
13-3103 Misconduct involving explosives; classification
13-3104 Depositing explosives; classification
13-3105 Forfeiture of weapons and explosives
13-3106 Firearm purchase in other states
13-3107 Unlawful discharge of firearms; exceptions; classification; definitions
13-3108 Firearms regulated by state; state preemption; violation; classification; definition
13-3109 Sale or gift of firearm to minor; classification
13-3110 Misconduct involving simulated explosive devices; classification; definition 13-3111 Minors prohibited from carrying or possessing firearms; exceptions; seizure and forfeiture; penalties; classification
13-3112 Concealed weapons; qualification; application; permit to carry; civil penalty; report; applicability
13-3113 Adjudicated delinquents; firearm possession; classification
13-3114 Arizona manufactured firearms; regulation; definitions
13-3115 Forensics firearms identification system
13-3116 Misconduct involving body armor; classification; definition
13-3117 Remote stun guns; sales records; use; classification; definitions
13-3118 Possession or storage of firearms; restrictions prohibited; exceptions
13-3119 Misconduct involving weapons in a secured area of an airport; classification; definitions
13-3120 Knives regulated by state; state preemption; definitions"
(Citation from www.azleg.state.az.us)

Weapon Charges Defense Attorneys in Arizona
Weapon Charges are not the type of charges you want to challenge on your own through the Arizona criminal justice system or the maze of procedures and protocols of the Arizona courts. There are many defenses that can be used by qualified Criminal Attorneys to challenge the evidence against you and weapon charges. Due to their potentially serious nature of weapon charges in AZ, you should contact an Arizona criminal defense or weapon's charge defense attorney as soon as possible if you are charged or arrested for any weapon charge.

A good AZ criminal attorney will gather and examine all the facts surrounding your case, make sure your constitutional rights have not been violated, tell your side of the story through proper legal channels, present compelling arguments in negotiations, hearings, trials, and through motions to protect you against the works outcome and harshest penalties. An experienced AZ weapon charges attorney will do everything possible to suppress any evidence against you, attempt to get your charges reduced or to achieve the best outcome of getting your charges dismissed. Every weapons charge case is different and the defenses that will be used and outcomes may differ. But the defense by an Arizona good criminal attorney will greatly increase the chances of a good outcome.

If you have been charged with any Arizona DUI, Aggravated DUI, Extreme DUI, Second DUI, Third or more DUI charges, DUI Under age 21, Drug DUI, Minor Consumption DUI, DUI with child under 15 in vehicle, Felony DUI, Any Drug Charges, Drug possession charges, Drug sales, Drug Distribution, Drug Trafficking, Drug smuggling, Drug Importation, Drug Transportation, Drug Cultivation, Drug Manufacturing, Misdemeanor Drug charges, Felony Drug charges, Dangerous Drugs, Narcotics, Marijuana, or any other criminal charge including theft, assaults, aggravated assault, domestic assault, sexual assault, police assault, domestic violence, probation violations, robbery, theft, burglary, vehicular assault, weapon charges, disorderly conduct with a weapon, endangerment with a weapon, other firearm and gun charges, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).
For more Arizona criminal defense and DUI defense help, free DUI defense books, and free DUI and criminal defense videos visit: http://www.arizonacriminaldefenselawyer.com
The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Phoenix, Mesa, Tempe, Chandler, Scottsdale, AZ, and other cities surrounding areas valley-wide in Maricopa County Arizona.

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

September 28, 2010

Weapon Charges - Mesa AZ Criminal Defense Attorney

"Most of the best criminal attorneys who defend weapon charges in Mesa AZ will provide a free consultation. You can discuss your charges, potential penalties if convicted and defense options".

Weapon Charges in Mesa AZ
Mesa AZ weapons and gun charges are commonly charged with other criminal offenses that occurred at the same time involving that weapon. Weapon charges and gun charges can be very serious. If you were arrested or charged with any type of weapon or firearm offense in Mesa AZ you should consult an experienced AZ Criminal Defense attorney who defends weapons charges frequently in Mesa AZ court through Mesa criminal justices system. Most of the best criminal attorneys who defend weapon charges in Mesa AZ will provide a free consultation. You can discuss your charges, potential penalties if convicted and defense options.

Mesa convictions for a felony weapon charges carry harsh penalties and typically include jail or prison sentences. Some of the more serious crimes classified as felonies and involve weapons for which result in severe punishments include but are not limited to the following:
• Unlawful Discharge of a Firearm
• Endangerment
• Aggravated Assault
• Using a Weapon in a Threatening Manner
• Felon in Possession of a Firearm
• Assault with a Deadly Weapon
• Armed Robbery or Burglary
• Possession during commission of other crimes not listed above

Some stand alone Mesa AZ weapons offenses including guns and firearms include but are not limited to the following and generally classified as Misconduct Charges:
• Prohibited possessor
• Prohibited firearms
• Illegal in possession
• Altered serial number

Mesa AZ Weapons Defined (not all inclusive)
Dangerous or deadly weapon: Any weapon designed for lethal use, including firearms. Common items such as knives and guns fall under the Arizona definitions. And depending on the circumstances, the law also includes items such as baseball bats or vehicles.

Prohibited weapons: These are weapons that are completely illegal in the state of Arizona which include but are not limited to: short barrel shot guns, grenades, rockets, bombs, poison gas, and nun-chucks.

Firearms: These are defined as any loaded or unloaded gun, pistol, rifle, shotgun, or any other device designed to expel a projectile.

Explosives: dynamite, nitroglycerine, black powder, or plastic explosives.
(Definitions paraphrased from A.R.S. www.azleg.state.az.us)

Weapon Laws, Gun Laws, Firearm Laws Mesa AZ
There are many different types of weapon charges, and situations for which weapon charges are involved and may apply. Weapon charges in Arizona are comprehensive and specifically defined and classified under the State of Arizona weapons laws. Whether you were arrested for Weapon Charges in Phoenix AZ, Mesa AZ, Tempe AZ, Chandler AZ, Scottsdale AZ, Gilbert AZ, Mesa AZ, Maricopa County AZ or any other county or city in Arizona you will be subject to the rules of authority of Arizona State Law and criminal codes cited below:

"A.R.S. Chapter 31 WEAPONS AND EXPLOSIVES
13-3101 through 13-3120"
(Citations from www.azleg.state.az.us)

Weapon Charges and Gun Charges Defense Lawyer Mesa AZ
It is risky to attempt to defend yourself without a qualified criminal defense attorney in Mesa Court, through the Criminal Justice System in Mesa AZ. Without criminal defense or good legal representation in Mesa, you could potentially harm your case unknowingly by something you do or say that can be held against you. Those who go without good private practice criminal defense representation are truly at a disadvantage. The results are swift convictions, and harsh sentencing. Some people feel that the criminal justice system is designed for convictions and entails a maze of procedures and protocols of the Mesa AZ court. Many top attorneys in Mesa AZ agree and recommend that you consult a Mesa AZ criminal defense, weapon's charge defense attorney or attorney who defends weapon charges often in Mesa criminal justice system and Mesa courts, frequently, if you have been charged or arrested for any weapon charge.

Your Mesa, AZ criminal defense attorney will be the barrier between you and the police and prosecution. A good Mesa criminal defense lawyer will be your voice, tell your side of the story, make sure your rights are not violated, and make sure you are treated fairly. They will gather and examine all the facts surrounding your case, make sure your constitutional rights have not been violated, tell your side of the story through proper legal channels, present compelling arguments in negotiations, hearings, trials, and through motions and make every effort to protect you against the harshest penalties for weapons crimes in Mesa AZ.

An experienced Mesa AZ weapon charges defense attorney will do everything possible to challenge and suppress any evidence against you, attempt to get your charges reduced, or dismissed or the otherwise best possible outcome in your case. Every weapons charge case is different and the defenses that will be used may be different. Cases and their outcomes vary greatly depending on the circumstances, strength of the prosecutions evidence and many other factors surrounding the charges.

A good criminal attorney who defends weapons charges frequently in Mesa AZ Court through the Mesa Criminal Justice System will greatly increase your chances of a getting a good outcome in your case.

If you have been charged with any Arizona DUI, Aggravated DUI, Extreme DUI, Second DUI, Third or more DUI charges, DUI Under age 21, Drug DUI, Minor Consumption DUI, DUI with child under 15 in vehicle, Felony DUI, Any Drug Charges, Drug possession charges, Drug sales, Drug Distribution, Drug Trafficking, Drug smuggling, Drug Importation, Drug Transportation, Drug Cultivation, Drug Manufacturing, Misdemeanor Drug charges, Felony Drug charges, Dangerous Drugs, Narcotics, Marijuana, or any other criminal charge including theft, assaults, aggravated assault, domestic assault, sexual assault, police assault, domestic violence, probation violations, robbery, theft, burglary, vehicular assault, weapon charges, disorderly conduct with a weapon, endangerment with a weapon, other firearm and gun charges, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

For more Arizona criminal defense and DUI defense help, free DUI defense books, and free DUI and criminal defense videos visit: http://www.arizonacriminaldefenselawyer.com

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

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

September 27, 2010

Assault Defense Tempe, AZ

Assault charges in Tempe AZ are serious. You should consult an experienced criminal attorney in Tempe who defends assault charges on a regular basis in the Criminal Justice System to discuss your case, potential penalties if convicted, and options for Tempe Arizona assault defense representation. Most of the best assault defense lawyers and criminal defense attorneys who defend cases in Tempe AZ offer free consultations for assault charges if you have been arrested for a Tempe Assault or charged with any type of assault in Tempe AZ.

Assault Charges in Tempe fall under the laws of the State of Arizona. Arizona law separates assault charges into two classifications:

1) Misdemeanor assault; Ref: Arizona Criminal code A.R.S. 13-1203

2) Felony or "aggravated assault; Ref: Arizona Criminal code A.R.S. 13-1204

Both involve harm or intent to harm another person or persons, and both are viewed as serious offenses with severe penalties in the state of Arizona. For this reason it is highly recommended that you contact a Tempe, AZ criminal defense lawyer to discuss your case and legal representation for your assault charges.

Misdemeanor Assault Laws in Tempe AZ:
A misdemeanor assault in Tempe involves but is not limited to the following:
1) Intent to harm or subject a another person to fear of being harmed;
2) It may include actual physical injury or contact with intent of causing physical injury;
3) Provocation, causing another person to be reasonably apprehensive that physical injury in imminent.

The Arizona prosecution bears the burden of proving that the defendant's actions involved "intent" and knowledge and were purposeful. Misdemeanor assault penalties
Tempe AZ carry up to one year in prison, fines of up to $2,500, fees, and restitution to the victim including payment of medical bills if applicable.

Felony Assault or Aggravated Assault Tempe AZ:
Felony or aggravated assaults in Arizona are far more serious than misdemeanor assault charges. Several, aggravating circumstances exist that cause a misdemeanor assault to be elevated to "aggravated" or "felony" assault charges. Here are a few examples, not all inclusive of those circumstances:

1) Causing "serious physical injury" to another person, that creates a reasonable risk of death;
2) Use of a deadly weapon;
3) Assault while a victim is being held against their will, restrained or is for some reason unable to resist;
4) Assault that causes substantial disfigurement or impairment, temporary or permanent;
5) Someone commits assault while violating a valid order of protection or restraining order;
6) A person takes or attempts to gain control of a police officer's firearm or other weapon;
7) An Arizona assault against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor;
8) An Arizona assault of a person who is eighteen years of age or older and the victim is fifteen years of age or younger.

Assault Charges Defense Lawyer Tempe, AZ
If convicted, Felony Assault or Aggravated Assault Penalties can include lengthy prison sentences, long term felony criminal records that will follow you for a lifetime, exorbitant fines, fees, counseling, restitution to the victim, adverse impacts on your job and future job opportunities, negative impacts on your ability to get credit or loans in the future and any other punishments the Tempe court determines is necessary and appropriate.

You should resist the temptation to "tell your side of the story". Once the police have decided to arrest you for assault charges, you should exercise your constitutional rights to remain silent and retain good legal representation for assault charges. You may unknowingly and unintentionally harm your case. Instead contact a good Tempe AZ criminal defense or assault defense lawyer defends assault charges frequently in Tempe will be your voice, tell your side of the story and present compelling arguments in your defense. They will make every effort to get your charges dismissed, reduced to lesser charges, suppress evidence against you and try to get the best possible outcome in your case.

If you have been charged with any Tempe AZ Assault, aggravated assault, Felony Assault, Vehicular Assault, Assault with a dangerous weapon, Assault of Police Officer, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Tempe, Phoenix, Scottsdale, Chandler, Gilbert, Mesa Arizona and surrounding areas valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

September 26, 2010

AZ Extreme DUI - Your Options and what the best AZ DUI Attorneys can do for you.

"An Extreme DUI charge may be reduced or dismissed with a good AZ DUI lawyer".

An AZ DUI charge will be escalated to an "Extreme DUI" charge when A DUI when the body's Blood Alcohol Content (BAC) exceeds 0.15%. The levels are usually determined by a breathalyzer test or blood test. A BAC exceeds 0.20 is designated as a "Super Extreme" which carries even more severe penalties and incarceration time. If you have been charged with any kind of extreme DUI, it is critical that you consult the best Arizona DUI Attorney you can find. Make sure the AZ DUI Attorney is well versed and defends extreme DUI cases frequently in the jurisdiction, county, or court for which you have been assigned to appear.

The consequences of an AZ extreme DUI are devastating and among some of the most severe in the county. Arizona prosecutors want convictions. Know that just because you have been charged, does not mean you will be convicted. If you have been charged with an AZ extreme DUI first offense, here are your options:

A. Do nothing. Accept that you could potentially receive up to the max for first offense:
1) Minimum 30 days jail and up to 6 months,
2) vehicle impound
3) Ignition interlock device
4) Ninety days driver's license suspension
5) Mandatory alcohol/drug counseling
6) Probation

B. Ignore your court date, and fail to appear at the required date and time. This will result in an immediate warrant issued by the judge for your arrest.

C. Go to court unrepresented by a good private practice AZ criminal defense or AZ DUI Attorney. This is extremely risky and 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 yourself, how to make their case stronger, and will ignore any weaknesses or flaws in your case. You will most likely end up with the results in option A. above.

D. Hire the best AZ criminal defense or AZ DUI Attorney you can find to fight for you and defend your case. Hire an experienced AZ DUI lawyer to defend your Arizona DUI charges. A good DUI attorney 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 AZ DUI Attorney will examine evidence or lack thereof; determine if there were any violations of your constitutional rights, reason for the DUI stop, probable cause for your arrest, handling of all evidence, crime lab methods of testing, proper implementation of field sobriety tests, reliability of testing, maintenance and reliability of breathalyzer machines, and many more factors. You will not get the benefit of having these factors evaluated or the evidence challenged without a good private practice Arizona Criminal Defense or DUI attorney. A good private practice DUI Lawyer may be able to challenge such issues to suppress evidence, get your case dismissed, a "not guilty", or a reduction of your AZ DUI charges. Option D. gives you the greatest chance at freedom and a new start without devastation of an AZ DUI conviction.

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 Scottsdale, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Scottsdale, Mesa, Arizona , Arizona , and surrounding areas valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

September 25, 2010

Marijuana Lawyer Gilbert, AZ

"... if you do not qualify and are not offered deferred prosecution, the best Marijuana possession Lawyers who defend drug charges in Gilbert, AZ will do everything possible to get your case dismissed, secure lesser charges, or in the least a significantly better outcome in your case..."

If you face Marijuana (Cannabis, Pot) possession charges in Gilbert, AZ you should contact a Marijuana Lawyer who defends and litigates Gilbert Marijuana charges or frequently defends drug charges in Gilbert Court. Although AZ Marijuana Possession charges are the most common of all Arizona drug offenses, it does not reduce the adverse impacts, penalties and sentencing, or leniency from the court and prosecution if convicted.

Marijuana Penalties in Gilbert, AZ
The penalties for possession of Marijuana in Arizona are based on the quantity of the substance found in your possession, and its intended purpose such as personal use, sales, distribution, smuggling, or other reason.

• Under 2 lb charged as Class 6 felony;
• 2-4 lbs charged as Class 5 felony;
• 4 lbs. and over charged as Class 4 felony; fine of not less than $750 or 3 times the value of the controlled substance, whichever is greater.

If the Marijuana possession charges were for possession without intent to sell, you may be eligible for deferred sentencing. This means you may be eligible for a second chance, if you will, by the court. This deferred sentencing is not automatic. The court must grant it as an offer after considering whether or not you qualify. Qualification is determined by reviewing the circumstances surrounding the Gilbert Marijuana possession charges, past criminal history or any other extenuating factors.

Deferred Sentencing includes a probation period. If this probation period is successfully completed, your charges may be dismissed. But if the probationary period and or any other related orders from the court are violated, you could be subject to the original potential sentencing for the Marijuana possession crime. A good Marijuana Lawyer who defends cases often in Gilbert Court will do everything possible to obtain the deferred prosecution to get the charges dismissed.

Even if you do not qualify and are not offered deferred prosecution, the best Marijuana possession Lawyers who defend drug charges in Gilbert, AZ will do everything possible to get your case dismissed, secure lesser charges, or in the least a significantly better outcome in your case, than would have otherwise been possible.

Arizona Marijuana Laws
If you receive Marijuana possession charges in Gilbert, AZ the charges are subject to the rules of the Arizona State Laws. Marijuana classifications, and penalties are outlined under Arizona Statutes Criminal Code 13 - Specifically, A.R.S. "13-3405. Possession, use, production, sale or transportation of marijuana; classification..."

Marijuana Lawyer -Defending your Marijuana Charges
Good Marijuana Lawyers or criminal defense attorneys who frequently defend charges in Gilbert Court will gather and examine all evidence available. They will mount a strong defense on your behalf, based on the circumstances of your case. They will make sure your constitutional rights have not been violated during the process of your arrest, before or after to present. There are many defenses that can be used to defend Marijuana charges. An experienced litigator and good Gilbert Marijuana defense Lawyer will know which defenses best suit your situation and challenge the prosecution's evidence and case against you.

If you have been charged with any Gilbert Arizona Marijuana possession, sales, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Tempe, Arizona DUI, Gilbert , 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 Gilbert Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Tempe, Scottsdale, Chandler, Gilbert, Mesa, Phoenix Arizona and surrounding areas valley-wide.

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

September 24, 2010

Assault Defense Lawyer

"..A good Arizona criminal defense or assault defense lawyer who will be your voice, tell your side of the story and present compelling arguments in your defense."
Assault charges in Arizona are very serious. It is important for you to contact a criminal defense attorney who defends assault charges in Arizona to discuss your charges, potential penalties if convicted, and options for Arizona assault defense representation. Most of the best assault defense lawyers and criminal attorneys in Arizona provide free consultations.

In Arizona there are two classifications of assault charges:

1) Misdemeanor assault; Reference Arizona Criminal code A.R.S. 13-1203

2) Felony or "aggravated assault; Ref Arizona Criminal code A.R.S. 13-1204

Both involve harm or intent to harm another person, and both are viewed as serious crimes with harsh penalties. For this reason it is highly recommended that you contact an Arizona criminal defense lawyer to discuss your case and legal representation with an Attorney, who frequently defends and litigates all types of assault cases in Arizona.

Arizona Misdemeanor Assault:
An AZ misdemeanor assault involves the following:
1) Intent to harm or subject someone to fear of being harmed.
2) It may or may not include physical injury or contact with intent of causing physical injury.
3) Provocation, causing another person to be reasonably apprehensive that physical injury in imminent. The Arizona prosecution has the burden of proving
4) You intentionally, knowingly, or recklessly caused physical injury and intended to cause harm to another person.

The burden of proof falls on the Arizona prosecution to prove intent and knowledge of the above. Convictions of Arizona misdemeanor assaults can carry up to one year in prison, fines of up to $2,500, fees, and restitution to the victim including payment of medical bills if applicable.

Arizona Felony or Aggravated Assault:
Felony or aggravated assaults in Arizona are far more serious than misdemeanor assault charges. Several, aggravating circumstances exist that will elevate an assault to elevated "aggravated" or "felony" assault charges. Here are a few examples, not all inclusive of those circumstances:

1) Causing "serious physical injury" to another person, that creates a reasonable risk of death;
2) Use of a deadly weapon;
3) Assault while a victim is being held against their will, restrained or is for some reason unable to resist;
4) Assault that causes substantial disfigurement or impairment, temporary or permanent;
5) Someone commits assault while violating a valid order of protection or restraining order;
6) A person takes or attempts to gain control of a police officer's firearm or other weapon;
7) An Arizona assault against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor;
8) An Arizona assault of a person who is eighteen years of age or older and the victim is fifteen years of age or younger.

If convicted, punishments can include lengthy prison sentences, long term felony criminal records that will follow you for a lifetime, exorbitant fines, fees, counseling, restitution to the victim, adverse impacts on your job and future job opportunities, negative impacts on your ability to get credit or loans in the future and any other punishments the Court determines is necessary and appropriate.

Any assault charge should not be taken lightly. Resist the temptation to "tell your side of the story". Once the police have decided to make the arrest for assault charge, you should exercise your right to remain silent. You may unknowingly harm your case. Many people feel that the Arizona Criminal Justice System is designed only to get convictions, and that the defendant's side of the story is either disregarded or used against them. It is unfortunate, but there is some truth to this cold fact. Therefore, you best chance at a good outcome is to retain good Arizona criminal defense or assault defense lawyer who will be your voice, tell your side of the story and present compelling arguments in your defense. They will make every effort to get your charges dismissed, reduced to lesser charges, suppress evidence against you and try to get the best possible outcome in your case.

If you have been charged with any Arizona Assault, aggravated assault, Felony Assault, Vehicular Assault, Assault with a dangerous weapon, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa Arizona and surrounding areas valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

September 23, 2010

Assault Defenses Chandler, AZ

"The Arizona prosecution bears the burden of proof that a defendant's actions were intentional, and purposeful. A good Chandler criminal defense Attorney can challenge this, under the appropriate circumstances."

Assault charges
in Chandler AZ are serious. You should consult an experienced criminal defense attorney who defends assault charges on a regular basis in Chandler, AZ criminal justice system and Chandler Court. Many top assault defense lawyers and Chandler criminal attorneys who defend cases in Chandler AZ offer free consultations for assault charges if you have been arrested for a Chandler Assault or charged with any type of assault in Chandler AZ.

Whether you were in arrested in Phoenix AZ, Mesa AZ, Chandler AZ, Tempe AZ, Gilbert AZ, Mesa AZ, Scottsdale AZ, Maricopa County AZ or any other jurisdiction within Arizona, your Assault charges will fall under the rule of law of the State of Arizona criminal codes. Arizona law differentiates assault charges into two main classifications:

1) Misdemeanor assault; Arizona Criminal code A.R.S. 13-1203

2) Felony Assault or "aggravated assault; Arizona Criminal code A.R.S. 13-1204

Both involve harm or intent to harm another or others, and carry harsh penalties if convicted in Arizona. For these reasons it is strongly recommended that you consult a Chandler criminal lawyer or criminal attorney who defends assaults in Chandler Court and is familiar with the Chandler criminal justice system, to discuss your charges. You should be able to get insight on severity of the charges, potential sentencing if convicted, and defense options legal representation and defense by that Attorney for Chandler assault charges.

Assault Laws in Chandler AZ:
A misdemeanor assault in Chandler includes but is not limited to the following:
1) Intent to harm or subject a another person to fear of being harmed;
2) It may include actual physical injury or contact with intent of causing physical injury;
3) Provocation;
4) Causing another person to reasonably feel that physical injury in imminent.
The Arizona prosecution bears the burden of proof that a defendant's actions were intentional, and purposeful. A good Chandler criminal defense Attorney can challenge this, under the appropriate circumstances. Misdemeanor assault penalties in Chandler AZ carry up to one year in prison, fines of up to $2,500, fees, and restitution to the victim including payment of medical bills if applicable.

Felony Assault Aggravated Assault Chandler AZ:
Felony assault or aggravated assaults in Chandler, AZ, are far more serious than misdemeanor assaults. Basically a felony assault or aggravated assault is an assault
that involves additional aggravating factors. These factors elevate a misdemeanor assault charges to an "aggravated" or "felony" assault charge. Here are some examples of those aggravating factors. (This list is not all inclusive):

1) Causing "serious physical injury" to another, that creates a reasonable risk of death;
2) Use of a deadly weapon;
3) Assault while a victim is being held against their will; is restrained; or for some other reason is unable to resist or protect themselves from serious physical injury;
4) An Assault that causes substantial disfigurement or impairment, temporary or permanent;
5) An assault while violating a valid order of protection or restraining order;
6) An attempts to gain control or taking of a police officer's firearm or other weapon by force;
7) Arizona assault against a prosecutor, police officer, firefighter, EMT, paramedic, teacher, other school employee, or licensed health care professional, while they are engaged in their official duties;
8) Arizona assault by someone eighteen years of age or older, and the victim is fifteen years of age or younger.

Assault Lawyer Chandler | Assault Defense
Convictions for Felony Assault or Aggravated Assault charges in Arizona are severe. Penalties may include lengthy jail or prison sentences; felony criminal records that will follow you for a lifetime; exorbitant fines, and fees; court ordered counseling programs; and restitution to the victim; other punishments the Chandler court determines is necessary and appropriate. Indirect impacts of a conviction on your life include loss of freedom, adverse effects on your job and future job opportunities, negative impacts on your ability to get credit or loans in the future.

You should resist the temptation to "tell your side of the story". Once the Chandler police have decided to arrest you for assault charges, they rarely if ever change their mind. It would be wise to exercise your constitutional rights to remain silent and retain a criminal defense or assault defense lawyer to defend your assault charges in Chandler, AZ. You may unknowingly and unintentionally harm your case verbally or by your actions. that you take. Instead contact a good Chandler criminal defense attorney or assault defense lawyer who defends assault charges frequently in Chandler Court. A qualified criminal defense lawyer will be your voice, tell your side of the story, and present compelling arguments in your defense, through the proper legal channels. This includes attempting to get evidence suppressed, negotiating with the prosecution, filing the proper motions, fighting for your at hearings and trial if necessary. They will make every effort to get your charges dismissed, reduced to lesser charges, suppress evidence against you and try to get the best possible outcome in your case.

If you have been charged with any Chandler AZ Assault, aggravated assault, Felony Assault, Vehicular Assault, Assault with a dangerous weapon, Domestic Assault, Sexual Assault, Assault of Police Officer, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Tempe, Chandler, Gilbert, Mesa, Scottsdale, Phoenix Arizona and surrounding areas valley-wide within Maricopa County. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

September 22, 2010

Felony DUI Tempe, AZ

"Felony DUI Attorneys must be extremely knowledgeable as to what defenses can be utilized to get the ultimate best outcome in your case for your Felony DUI charges in Tempe, AZ."

A Tempe "Felony DUI" is also known as "Aggravated DUI". If you've been arrested or charged with a Felony DUI (Driving under the Influence) in Tempe, AZ the best thing you can do now is to consult a good Tempe, AZ, Criminal Defense Attorney or Felony DUI Defense Attorney who defends cases frequently in Tempe Court. Any Tempe DUI charge is serious. But Felony DUI convictions are even more serious, and can have long lasting adverse consequence on your future, freedom, job, finances, family, driving privileges, and more.

A Tempe Misdemeanor DUI is elevated to a "Felony DUI" when certain aggravated circumstances surround your DUI charges that include the following:

Paraphrased citations from A.R.S. 28-1383
• DUI with a motor vehicle accident that results in bodily injury or significant harm to another person or persons.
• DUI manslaughter - When the DUI and Auto accident results in a fatality of another person or persons.
• Your third DUI conviction within 7 years
• DUI while driving with a suspended or revoked license
• Drunk driving or driving impaired due to alcohol or drugs, with a minor, age 15 or under, in the vehicle.

Tempe Felony DUI Penalties | Arizona Laws - Arizona Revised Statutes
Tempe AZ Felony DUI Penalties can include as 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) the following:
• Extended Jail or Prison up to 4 months, if you have no prior criminal record or felony convictions. If serious injury or a fatality has occurred, this sentencing will be significantly more severe the felony DUI conviction.
• Up to $150,000 plus 80% surcharge
• $1500 prison assessment
• Abatement fees
• Evaluation Costs
• Drug or Alcohol Treatment & Counseling Costs
• Probation and associated fees
• Driving Privileges may be revoked for up to 3 years
• Mandatory Court ordered Ignition Interlock Device added to your vehicle at your expense.
• Court ordered drug or alcohol rehab or counseling treatment, and their costs
• Mandatory Community Service
• Criminal Record to include a Felony
• Any other penalties the Court deems necessary and appropriate

DUI and Felony DUI laws
are constantly changing in Arizona. Therefore, it is important to hire an experienced, highly qualified Tempe Criminal Attorney or Tempe AZ DUI defense Lawyer who defends DUI charges in Tempe Court frequently. Your criminal defense attorney must be well versed on the Arizona laws, Tempe Court, Protocol, and your constitutional rights. But most importantly, Felony DUI Attorneys must be extremely knowledgeable as to what defenses can be used to get the best possible outcome in your case for your Felony DUI charges in Tempe, AZ. You can find winning defense strategies referenced in Arizona DUI Winning Defense Strategies Book © and "101 Arizona DUI Winning Defenses" © written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Keep in mind, that knowing what they are, are quite different than actually carrying them out effectively through the proper legal and court channels, filing motions, and presenting them to the prosecution. An experienced DUI Attorney does this on a daily basis throughout many courts in Arizona or Maricopa country, AZ. Issues or details that may seem minor to you, may actually be material and crucial factor that could lead to a dismissal of charges. A good DUI lawyer will recognize these types of factors and use them effectively in your defense.

There should be no "secrets" as to what your DUI Attorney is going to do, and how he or she will defend your case. Make sure you are comfortable not only with your DUI Lawyer's abilities to defend your case, but that the DUI Attorney is highly motivated, proactive, and able to make enough time to provide you with an effective defense. 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). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Tempe, Chandler, Scottsdale, Mesa, Gilbert, Phoenix Arizona and surrounding areas in Maricopa County valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

September 21, 2010

Drug Charges and Penalties Gilbert, AZ

"One major key to a successful defense is "early retention" of your drug defense legal representation in Gilbert Arizona."

Gilbert AZ Drug Possession Laws are strict comprehensive. The Criminal Justice System can be a complicated maze of procedures and protocol set up to convict you if you are not properly represented by a good Drug possession attorney who defends cases in Gilbert AZ frequently. If you were arrested for drug possession charges in Gilbert AZ you will need to consult a criminal defense attorney or drug defense attorney who frequently defends drug charges in Gilbert Court. Most Top drug possession defense lawyers in Gilbert AZ provide free consultations if you are currently facing drug charges or have been arrested for drug possession in Gilbert, AZ. A good Gilbert criminal defense attorney will provide you with information concerning the charges, penalties, and defense options. One major key to a successful defense is early retention of your drug defense legal representation in Gilbert Arizona.

Arizona Drug Laws
If your drug arrest or drug charges were in Gilbert AZ, you will be held to the rule of law of the State of Arizona. The definitions, classifications and penalties are comprehensively outlined in the following criminal code: Arizona Revised Statutes: "A.R.S. 13 Chapter 34 DRUG OFFENSES 13-3401...13-3461".

Gilbert, AZ Drug Classifications
Arizona drug laws classify drugs in three main categories listed below. (Note the examples are not all inclusive):

1. Dangerous drugs: LSD, ecstasy, methamphetamines, steroids, hallucinogenic mushrooms, clonazepam, lorazepam

2. Narcotics: cocaine, heroin, opium, morphine, oxycodone

3. Marijuana: Also known as pot, weed, cannabis

Drug Possession Charges in Gilbert, Arizona
The severity of your drug possession charges and sentencing if convicted depends substantially on the quantity of the drug or substance allegedly found in your possession. The police will use this amount as a gauge to determine if your Gilbert AZ drug charges will be for possession for personal use, or elevated to even more serious charges such as possession with intent to sell, drug sales, drug trafficking, drug distribute drugs, drug importation, drug manufacturing, drug cultivation or other more serious charges. Drug possession charges can carry serious penalties including extended jail or prison if convicted. Most drug possession charges in Arizona are charged as felonies, but could be charged as a misdemeanor based on quantity, purpose, and other circumstances surrounding your drug arrest or drug charges in Gilbert, AZ.
Drug Penalties for Drug Possession in Gilbert, AZ

Many defendants, who face Gilbert drug charges want to know if they will be placed on probation, go to jail or worse to prison if they get a conviction for their AZ drug possession charges. The punishments for drug possession could include one, a combination, or all of these penalties and more, depending on many factors. Below are some of those factors that will be considered in for the degree of your drug possession charges in Gilbert AZ (This list is not all inclusive):
1) Amount of the drug or substance;
2) Type of drug;
3) Purpose of drug;
4) Repeat offense;
5) Criminal history;
6) Multiple criminal or drug charges surrounding the arrest;
7) Possession of a drug near or close to children, toddlers, or infants to access
8) Other aggravating factors not mentioned above;
9) Whether or not you may be eligible and qualify for participation in a diversion program which includes drug counseling for first time offenders. Qualification involves invitation into the program by the prosecution and court based on a list of criteria that must be met in order to be eligible for the counseling program in place of other sentencing such as incarceration.

Arizona Drug Possession Attorney -Criminal Defense
You should consult and hire the best Arizona drug defense attorney you can. Make sure they possess a significant amount of litigation and defense experience in Gilbert Courts defending drug charges; be highly skilled trained, and have the proper credentials to be capable of building a solid defense against the prosecution; possess the ability to make compelling arguments on your behalf; is assertive and proactive and not afraid to challenge evidence in the prosecution's case; be extremely familiar with the Criminal Justice System and Arizona Drug Laws; someone who will use every possible defense in your favor; someone you can go to for questions, concerns, and for which you have an open line of communication with. Most of all you want to be confident that the drug defense lawyer you choose to represent you in Gilbert, AZ will to fight relentlessly to get your case dismissed, a reduction in charges, negotiate an agreement for your entrance into the diversion program in place of incarceration or other sentence, or other favorable outcome in your case.

If you have been charged with any AZ drug charges including but not limited to drug possession, sales, drug possession, drug manufacturing, drug cultivation, drug importation, drug smuggling, drug trafficking, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, or any other drug charges, in Maricopa County, you should contact the Law Office of James Novak and speak Directly with experienced drug defense Attorney James Novak at (480) 413-1499.

For more criminal defense help and information visit http://www.arizonacriminaldefenselawyer.com

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix AZ, Gilbert AZ, Tempe AZ, Chandler AZ, Gilbert AZ, Mesa AZ and other cities within Maricopa County Arizona valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

September 20, 2010

"The best Tempe Criminal Defense Attorneys know how to use the Arizona drug laws and Criminal Justice system in your favor."

Tempe aggressively pursues convictions for drug charges. The laws and criminal justice system are complicated. You should consult a Tempe good criminal attorney or Tempe AZ drug defense lawyer who frequently defends drug charges. Most qualified criminal attorneys who defend cases in that jurisdiction will be able to provide you with a free consultation to discuss your drug charges, provided information regarding range of penalties if convicted, and your defense options.

Drug Laws in Tempe, AZ
If you were charged with drug possession in Tempe AZ, charges, the rules will apply that fall under the Arizona State Law. Reference: A.R.S. Title 13 Chapters 34: DRUG OFFENSES 13-3401 to 13-3461.

If you were arrested for illegal drugs possession in Tempe AZ, it does not have to mean you are automatically guilty. Many defenses exist that a qualified Criminal Defense Attorney or Drug defense attorneys who defends drugs charges in Tempe AZ can use in an effort to get your charges dismissed, reduced, or a good outcome in your case. They will know how to use the laws and the Criminal Justice system in your favor.

Drug Possession Defenses in Arizona
The best Tempe Criminal Defense Attorneys know how to use the Arizona drug laws and criminal justice system in your favor. There are many defenses for drug possession case that a qualified Arizona drug defense lawyer may below are some examples (not all inclusive):
• Constitutional Rights violations;
• You had no knowledge of the drugs alleged to be in your possession;
• Challenge the quantity of the drug claimed to be found;
• Entrapment;
• No "probable cause for arrest";
• Required protocol and procedures were not followed during arrest;
• Evidence was mishandled during transport, or storage of the evidence;
• Search and seizure was unlawful;
• You were not allowed access to a Tempe criminal defense lawyer
• The vehicle that the drugs for which the drugs were found was not yours. You had permissively borrowed it from a friend.
• You live with others or another person and share common areas. The drugs were found in a common area; with no proof the drugs were yours.

Note of caution: It is very risky and could harm you case for you to attempt to exercise any of these defenses on your own, without qualified criminal defense legal representation in Tempe, AZ by an experienced a criminal Attorney in Arizona. There are many reasons for this. Primarily, along with a host of other reasons, Arizona criminal justice system, court protocol, and the laws are very complex. Next, you may unknowingly and unintentionally incriminate yourself further either verbally or in writing. An Effective Drug defense requires the representation of a highly skilled, qualified and experienced Arizona criminal defense attorney or drug defense Attorney who defends drug charges on a regular basis in Tempe, AZ. You have the constitutional right to remain silent and to defense counsel. Use these rights. It will increase your chances drastically of getting the best outcome in your case. If you do, your chances of getting a good outcome in your case will increase drastically. If you decide not to, you chances of getting a conviction for which you were charged is inevitable and sentencing swift.

If you have been charged with any Tempe AZ drug charges including but not limited to drug possession, sales, drug possession with intent to sell, drug distribution, drug smuggling, drug trafficking, drug importation, drug manufacturing, drug cultivation, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, or any other drug charges, in Maricopa County, you should contact the Law Office of James Novak and speak Directly with experienced drug defense Attorney James Novak at (480) 413-1499.

For more criminal defense help and information visit http://www.arizonacriminaldefenselawyer.com

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Tempe AZ, Tempe AZ, Scottsdale AZ, Chandler AZ, Gilbert AZ, Mesa AZ and other cities within Maricopa County Arizona valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

September 19, 2010

Drug Charges and Penalties Mesa, AZ

"Most Top drug possession defense lawyers in Mesa AZ provide free consultations if you are currently facing drug charges or have been arrested for drug possession in Mesa, AZ."

Mesa AZ Drug Possession Laws are serious and comprehensive. The Criminal Justice System can be a complicated maze of procedures and protocol set up to convict you if you are not properly represented by a good Drug possession attorney who defends cases in Mesa AZ frequently. If you were arrested for drug possession charges in Mesa AZ you will need to consult a criminal defense attorney or drug defense lawyer who frequently defends drug charges in Mesa Municipal Court. Most Top drug possession defense lawyers in Mesa AZ provide free consultations if you are currently facing drug charges or have been arrested for drug possession in Mesa, AZ. A good Mesa criminal defense attorney will provide you with information concerning the charges, penalties, and defense options. A major key to a successful defense is early retention of your drug possession attorney who will defend your charges in Mesa, AZ.

Arizona Drug Laws
If you were arrested for drug possession or received drug charges in Mesa AZ, you will be held to the rule of law of the State of Arizona. The definitions, classifications and penalties are comprehensively outlined in the following criminal code: Arizona Revised Statutes: "A.R.S. 13 Chapter 34 DRUG OFFENSES 13-3401...13-3461".

Mesa, AZ Drug Classifications
Arizona drug laws categorize drugs into three main classes below. (Note, the examples are not all inclusive):

1. Dangerous drugs: LSD, ecstasy, methamphetamines, steroids, hallucinogenic mushrooms, clonazepam, lorazepam

2. Narcotics: cocaine, heroin, opium, morphine, oxycodone

3. Marijuana: Also known as pot, weed, cannabis

Drug Possession Charges Mesa, Arizona
The severity of your drug possession charges and sentencing if convicted depends heavily upon the quantity of the drug or substance allegedly found in your possession. The
Gilbert AZ law enforcement officials will use this amount as a gauge to determine if your Mesa AZ drug charges will be for possession for personal use, or raised to even more serious charges such as possession with intent to sell, drug sales, drug trafficking, drug distribute drugs, drug importation, drug manufacturing, drug cultivation or other more serious drug charges. If convicted Gilbert AZ drug possession charges can carry serious penalties including extended jail or prison if convicted. Most drug possession charges in Arizona are charged as felonies, but could be charged as a misdemeanor based on quantity, purpose, and other circumstances surrounding your drug arrest or drug charges in Mesa, AZ.

Drug Penalties for Drug Possession in Mesa, AZ
The punishments for drug possession could include probation, jail, and prison, exorbitant fines and fees, drug counseling programs, and more, depending on many factors. Below are some of those factors that will be considered in for the degree of your drug possession charges in Mesa AZ (This list is not all inclusive):
1) Quantity of the drug or substance;
2) Class of drug;
3) Purpose of drug;
4) First time or repeat offense;
5) Criminal history;
6) Multiple criminal or drug charges surrounding the arrest;
7) Possession of a drug near or close to children, toddlers, or infants to access
8) Other aggravating factors not mentioned above; Whether or not you may be eligible and qualify for participation in a diversion program which includes drug counseling for first time offenders. Qualification involves invitation into the program by the prosecution and court based on a list of criteria that must be met in order to be eligible for the counseling program in place of other sentencing such as incarceration.

Arizona Drug Possession Attorney -Criminal Defense
You should consult and hire the best Arizona drug defense attorney possible. Make sure they possess a significant amount of litigation and defense experience in Mesa Court, defending drug charges; be highly skilled trained, and have the proper credentials, be capable of building and mounting a strong defense against the prosecution; possess the ability to make compelling arguments on your behalf; is assertive and proactive and not afraid to challenge evidence in the prosecution's case; be extremely familiar with the Criminal Justice System and Arizona Drug Laws; someone who will use every possible defense in your favor; someone you can go to for questions, concerns, and for which you have an open line of communication with. Most of all, feel comfortable, that the drug defense lawyer you choose to represent you will to fight relentlessly to get your case dismissed, a reduction in charges, negotiate the most favorable outcome possible.

If you have been charged with any AZ drug charges including but not limited to drug possession, sales, drug possession, drug manufacturing, drug cultivation, drug importation, drug smuggling, drug trafficking, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, or any other drug charges, in Maricopa County, you should contact the Law Office of James Novak and speak Directly with experienced drug defense Attorney James Novak at (480) 413-1499.

For more criminal defense help and information visit http://www.arizonacriminaldefenselawyer.com

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix AZ, Mesa AZ, Tempe AZ, Chandler AZ, Gilber, AZ, Scottsdale AZ and other cities within Maricopa County Arizona valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

September 18, 2010

"If you were arrested for illegal drugs possession in Arizona, it does not mean you are guilty as charged and convicted...There are many defenses for drug possession charges that a qualified Arizona drug defense attorney can use... to get your charges dismissed, reduced, or a good outcome in your case."

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.

If you were arrested for illegal drugs possession in Arizona, it does not mean you are guilty as charged and convicted. There are many defenses that can be used by a good Arizona Criminal Defense Attorney or Drug defense, to work to get your charges dismissed, reduced, or a good outcome in your case. They will know how to use the laws and the Criminal Justice system in your favor.

Drug Possession Defenses in Arizona
The best Arizona Criminal Attorneys know how to use the Arizona drug laws in your favor. For example, "knowledge", and whether or not you "knowingly" possessed a drug is a factor that needs to exist in order for the prosecution and court to convict you of Arizona Drug Charges. This law is referenced in Arizona State Drug Law: "A.R.S. Title 13 Chapter 34 "13-3405. Possession, use, production, sale or transportation of marijuana; classification

A. A person shall not knowingly: (emphasis added)

1. Possess or use marijuana..." (Cited in part from azleg.state.az.us)

A good criminal defense attorney in Arizona or AZ drug defense attorney may be able to provide compelling arguments and facts that indicate you were not aware of the drugs allegedly found in your possession, which could lead to a dismissal of your Arizona drug charges.

There are many defenses for drug possession case that a qualified Arizona drug defense attorney can use. Below are some examples (not all inclusive):
• Violations of your constitutional rights,
• Challenge of the alleged quantity of the drug found in your possession;
• Existence of "Entrapment: issues;
• No "probable cause for arrest";
• Police did not follow required protocol and procedures of your arrest;
• Storage, transport of the evidence was mishandled;
• Search and seizure was unlawful in your case;
• You were not allowed access to a drug defense attorney within a reasonable amount of time.
• You were not allowed presentation of exculpatory evidence (evidence in your favor).
• The vehicle that the drugs for which the drugs were found was not yours. You had permissively borrowed it from a friend.
• You live with others or another person and share common areas. The drugs were found in a common area; with no proof the drugs were yours.

A note of caution, it is very risky and could harm you case for you to attempt to utilize these defenses without legal representation of an experienced Arizona criminal Attorney. First the Arizona criminal justice system, court protocol, and the laws are very complex. Next, you may unknowingly and unintentionally incriminate yourself further either verbally or in writing. An Effective Drug defense requires the representation of a highly skilled, qualified and experienced Arizona criminal attorney or drug defense Attorney. You have a constitutional right to remain silent and to obtain good criminal defense counsel. Use these rights. It will increase your chances drastically of getting the best outcome in your case.

If you have been charged with any AZ drug charges including but not limited to drug possession, sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, or any other drug charges, in Maricopa County, you should contact the Law Office of James Novak and speak Directly with experienced drug defense Attorney James Novak at (480) 413-1499.

For more criminal defense help and information visit http://www.arizonacriminaldefenselawyer.com

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

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

September 17, 2010

"Many defenses exist that a qualified Criminal Defense Attorney or Drug defense attorneys who defends drugs charges in Mesa AZ can use in an effort to get your charges dismissed, reduced, or a good outcome in your case. They will know how to use the laws and the Criminal Justice system in your favor."

Mesa is relentless in pursuit of convictions for drug charges. The laws are strict and criminal justice system is complicated. Some defendants feel as though the criminal justice system in Mesa AZ is designed to get convictions. And this consensus may be true. It is an unfortunate fact, that without a good criminal attorney in Mesa AZ representing them, there is little to no chance of getting a case dismissed, charges or sentencing reduced or even a good outcome in their case.

You should consult a Mesa good criminal attorney or drug defense lawyer in Mesa AZ who frequently defends drug charges. Most qualified criminal attorneys who defend cases in Mesa Arizona regularly provide free consultations. It may be the most important call you will make with regard to your Mesa AZ drug charges.

Drug Laws in Mesa, AZ
If you were charged with drug possession in Mesa AZ, the charges will fall under the rule of the Arizona State Law. Reference: A.R.S. Title 13 Chapters 34: DRUG OFFENSES 13-3401 to 13-3461.

If you were arrested for drug possession or any other drug charge in Mesa AZ, that does not mean you are "guilty" and will be convicted. Drug charges in Arizona are dismissed often under a wide range of circumstances. One thing the dismissals all have in common, is that they had good legal representation, by a private practice criminal defense or drug defense attorney in Mesa, AZ. Many defenses exist that a qualified Criminal Defense Attorney or Drug defense attorneys who defends drugs charges in Mesa AZ can use in an effort to get your charges dismissed, reduced, or a good outcome in your case. They will know how to use the laws and the Criminal Justice system in your favor.

Arizona Drug Possession Defenses
The best Mesa Criminal Defense Attorneys know how to use the Arizona drug laws and criminal justice system in your favor. There are many defenses for drug possession case that a qualified Arizona drug defense lawyer may use in an attempt to get your case dismissed; charges reduced or the otherwise best outcome in your case. (Examples below are not all inclusive):
• Your Constitutional Rights were violated;
• You were not aware that there were drugs were in your possession;
• The quantity of the drug claimed to be found by police was incorrect;
• Entrapment issues exist
• There was no "probable cause for arrest";
• The police did not follow proper protocol and procedures for arrest;
• There was no proper warrant for search & seizure for drugs at your home, vehicle, employment or yourself.
• Evidence was mishandled during transport, or storage of the evidence;
• Search and seizure was unlawful;
• You were not allowed access to a criminal defense lawyer within a reasonable amount of time, with no extenuating circumstances for this.
• The vehicle for which the drugs were found was not yours. (You had permissive use at the time.)
• You live with others and share common areas. The drugs were found in a common area.

It is very risky and could harm you case for you to attempt to utilize any of these defenses on your own and go unrepresented without a good, private practice criminal defense or drug defense attorney in Mesa AZ. There are many reasons for this including the fact that the Arizona criminal justice system, court protocol, and the laws are very complex. Defenses and arguments must be presented the appropriate legal channels, through arranged conferencing, hearings, or the filing of motions or trial. Next, you may unknowingly and unintentionally incriminate yourself further either verbally or in writing. An Effective Drug defense requires the representation of a highly skilled, qualified and experienced Arizona criminal defense attorney or drug defense Attorney who defends drug charges on a regular basis in Mesa, AZ. You have the constitutional right to remain silent and to defense counsel. Use these rights. It will increase your chances drastically of getting the best outcome in your case. If you do, your chances of getting a good outcome in your case will increase drastically.

If you have been charged with any Mesa AZ drug charges including but not limited to drug possession, sales, drug possession with intent to sell, drug distribution, drug smuggling, drug trafficking, drug importation, drug manufacturing, drug cultivation, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, or any other drug charges, in Maricopa County, you should contact the Law Office of James Novak and speak Directly with experienced drug defense Attorney James Novak at (480) 413-1499.
For more criminal defense help and information visit http://www.arizonacriminaldefenselawyer.com

Continue reading "Mesa Drug Defense Lawyer | Criminal Defense" »

September 16, 2010

Marijuana Lawyer Phoenix, AZ

"A good Phoenix Marijuana Lawyer will know which defenses best suit your situation and challenge the prosecution's evidence and case against you."

If you face Marijuana possession charges in Phoenix AZ you should contact a Marijuana Lawyer who defends and litigates Phoenix Marijuana charges or frequently defends drug charges in Phoenix Court. Although AZ Marijuana Possession crimes are the most common of all Arizona drug offenses, it does not reduce the adverse impacts, penalties and sentencing if convicted.

Marijuana Possession Penalties
The penalties for possession of Marijuana in Arizona depend how much of the substance is found in your possession, and the purpose or intended purpose you for it (for example use vs. sales, distribution, smuggling, or other reason)

• Under 2 lb = Class 6 felony;
• 2-4 lbs = Class 5 felony;
• 4 lbs. and over = Class 4 felony; fine of not less than $750 or 3 times the value of the controlled substance, whichever is greater.

If your charges were strictly for Marijuana possession, with no intention of selling, you may be eligible for what is known as deferred sentencing. This means you may be eligible for a second chance, so to speak, by the court. This deferred sentencing is not automatic. The prosecution must invite you and you must qualify based on the circumstances surrounding the charges and your prior criminal history if any.

Deferred Sentencing involves a probationary period. If the probationary term and other requirements are successfully completed, your charges may be dismissed. But if the probationary period and related orders are violated, you could be subject to the original potential sentencing for the offense. An experienced Marijuana Lawyer will do everything possible to obtain the deferred prosecution and dismissal of the charges.

Even if you do not qualify for deferred prosecution, your Arizona criminal attorney can still make every effort to get your case dismissed, secure lesser charges, or in the least a significantly better outcome in your case, than would have otherwise been possible with an experienced Phoenix drug defense Attorney or Marijuana Lawyer.

Arizona Marijuana Laws
If you receive Marijuana possession charges in Phoenix, AZ the charges are subject to the rules of the Arizona State Laws. Marijuana classifications, and penalties are outlined under Arizona Statutes Criminal Code 13 - Specifically, A.R.S. "13-3405. Possession, use, production, sale or transportation of marijuana; classification..."

Marijuana Lawyer -Defending your Marijuana Charges
A good Phoenix Marijuana Lawyer or criminal defense attorney who frequently defends charges in Phoenix Court will gather and examine all evidence available. They will build a strong defense on your behalf, based on the circumstances of your case. They will make sure your constitutional rights have not been violated in anyway from the pre-charge or pre-arrest stage to the present. There are many defenses that can be used to defend Marijuana charges. A good Phoenix Marijuana Lawyer will know which defenses best suit your situation and challenge the prosecution's evidence and case against you.

If you have been charged with any Phoenix Arizona Marijuana possession, sales, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Tempe, Arizona DUI, Phoenix, 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 Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "MARIJUANA POSSESSION LAWS" »

September 15, 2010

"The ultimate goal of the best Chandler DUI defense attorneys is to attempt to get the case dismissed reduced charges or best possible outcome in your case."

If you face Chandler AZ drug DUI or medication DUI charges you should contact an experienced Chandler criminal defense attorney or DUI attorney who defends cases in Chandler AZ as soon as possible. Early retention of an experienced Chandler DUI attorney is an important factor in achieving a successful defense.

Medication DUI | Drug DUI
If you test positive for drugs following Chandler DUI stop, you are subject to drug DUI charges under the Arizona State Laws. These laws are some of the toughest in the country. The mere presence of a drug found in your system is enough for the Chandler police to charge you or any city in Arizona, if the officer believes that drugs impaired your driving to the slightest degree. Medication DUI and Drug DUI charges are considered the same as an alcohol DUI according to Arizona State Law for purposes of conviction and sentencing. The exception to this would be if the drugs involved were dangerous, illegal, or controlled substances. This factor would bring cause for harsher sentencing if convicted as well as additional charges.

Chandler Drug DUI Laws

Any Chandler AZ drug DUI or medication DUI will fall under rule of Arizona State Law and Criminal Codes. Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict. It makes no difference if the drug is legally prescribed medication by a licensed physician (A.R.S. 28-1381 3.B.) or an illegal dangerous drug (A.R.S. 28-13813.B, A.R.S. 13-3401). Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...
B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.
C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."
(Cited in Part: Arizona State Website azleg.state.az.us/ars/28/01381)

Chandler DUI with Medications, Drug DUI Defense
If you have been charged with a Chandler drug DUI or DUI with medications, you will need to hire a good Arizona Criminal Defense, or DUI lawyer who defends DUI and drug DUI charges in Chandler Court frequently. It takes education, training, special skills related to toxicology, litigation and defense experience and forensic tools and resources to challenge evidence and charges for a Chandler Drug DUI. A qualified Chandler DUI or criminal defense attorney will fight through the protocol of the Chandler Municipal Court system, examine and challenge toxicology evidence, mount an effective defense file motions, conduct hearings, and all the while provide you guidance and keep you informed, and be there for you. A good Chandler criminal defense or DUI attorney who defends cases in Chandler frequently will also make sure you are treated fairly, your side of the story is presented, and that your Constitutional rights have not been violated. The ultimate goal of the best DUI defense attorneys is to attempt to get the case dismissed, reduced charges and the best possible outcome in your case.

Many of the defenses that may be used can be found at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html both at the website, in the free videos, and free books "101 DUI Defenses"© Book from the "Arizona Winning Defense Strategies" © Series -Author: James Novak, Arizona DUI & Criminal Defense Attorney.

With an experienced AZ DUI Drug Defense or DUI with Medication defense Attorney your chances of getting a good outcome such as evidence suppressed, charges reduced, milder sentencing, or the ultimate total dismissal of your charges increase substantially.

If you have been charged with any Chandler, 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 drug sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona Criminal Defense and Chandler DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak proudly defends cases in Chandler, Tempe, Phoenix, Chandler, Chandler, Chandler, and surrounding cities within Maricopa County.

Continue reading "CHANDLER DUI LAWER" »

September 14, 2010

Phoenix Drug DUI Laws

AZ medication DUI Laws
A Driver who is charged with a DUI in Phoenix AZ who tests positive for illegal drugs are subject to drug DUI charges under the Arizona State Laws which are some of the strictest laws in the country. The mere presence of a drug found in your system is enough for the Phoenix police to charge you or any city in Arizona. If the officer has reason to believe you were "impaired to the slightest degree" while driving, and a drug was found in your system you will be charged with an Arizona medication DUI or Arizona Drug DUI. If charged, you will need to hire a good Arizona Criminal Defense, Drug defense or DUI Attorney who defends DUI and drug DUI in Phoenix on a regular basis to defend you. They must have must have the knowledge, experience, training, litigation background and the forensic tools needed to challenge Phoenix, Arizona a Drug DUI.

It takes many years of litigation experience and skill to defend these types of charges. It is highly recommended that you not go without good Arizona Legal Representation or AZ Defense for Drug DUI, Medication DUI. If you try to take on the monumental task fighting through the maze of the Arizona court system, challenging toxicology evidence, building a defenses strategy, filing motions, conducting hearings, and all that goes with it, your charges will most likely end up in a conviction. A qualified defense attorney will make sure your Constitutional rights have not been violated, examine the evidence, challenge the Arizona Prosecution, and determine what the appropriate course of defense strategy are needed to get you the best possible outcome in your case.

The first priority of a good AZ Drug DUI or medication DUI Defense Attorney's list is to find a way to get your charges totally dismissed. A good Phoenix Drug DUI lawyer will examine many issues where possible defenses may apply. Based on the answers to these questions, they may be able to get evidence suppressed; charges reduced or even a total dismissal of your charges. Below are a just a few defenses cited from "101 DUI Defenses"© Book from the "Arizona Winning Defense Strategies" © Series -Author: James Novak:

• What was the reason for the stop? The United States Supreme Court has held that an officer must have a reasonable suspicion of a criminal or traffic offense to stop a vehicle.

• Was there probable cause for arrest? To make an arrest, the level rises to a higher standard, which is that "probable cause" to arrest.

• Was your blood sample preserved properly and according to protocol?
The preservation process can become an issue. The blood vials must have been stored properly prior to its use, and blood vials within expiration date, and preserved properly.

• Was the Urine Specimen collected, tested and transported properly?
The urine sample taken for drug testing must also be properly tested according to
required testing procedures and protocol, for handling, transport, labeling, and preservation, including the containers for which the urine specimen is stored.

• Were second samples given to you in order for your Defense Attorney to have them independently tested?
For instance, if your DUI/DWI charge was based on a blood draw, you have the
right to obtain an independent blood test sample. If the police deny you a
fair chance to obtain "exculpatory" (evidence in your favor). If not, your constitutional rights have been violated.

• Were you under the influence of a legal medication that did not impair your driving? The police will attempt to charge you for prescription drug DUI if they can not charge you with an alcohol based DUI Blood Alcohol Content (BAC findings) Therefore, the argument and testing would need to confirm that you were not driving impaired to the slightest degree, due to this prescribed or otherwise legal medication. Just because a drug legal, harmless, prescribed or not, was found in your system, does not mean it impaired your driving.

• Did police possess a legal and justifiable reason to search you and your vehicle?
It is a violation of your Constitutional Rights for the police to conduct unlawful "search and or seizure" of the contents of your automobile for a minor traffic offense without your consent, or a search warrant.

These are just a few defenses your Arizona drug DUI defense attorney should review in building your defense. With an experienced AZ DUI Drug Defense Attorney your chances of getting a good to great outcome on your case increase drastically.

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 drug sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

Continue reading "AZ Medication DUI Attorney" »

September 13, 2010

"...criminal and DUI cases are dismissed every day with the defense of a good Gilbert criminal defense lawyer."

Gilbert Criminal Defense
If you face criminal or DUI charges in Gilbert AZ, you can fight the charges and win. Your chances increase drastically of getting a good outcome, if you hire a good criminal or DUI attorney who defends cases in Gilbert, AZ frequently. The laws and penalties are strict and harsh. But there is hope. Remember Gilbert AZ DUI or criminal charges in are not automatically convictions. Statistics show that criminal and DUI cases are dismissed every day with the defense of a good Gilbert criminal defense lawyer. Just because you were charged or arrested doesn't make you "guilty".

According to the Constitution among other civil rights, you are entitled to fair treatment, the right to remain silent, and retention of counsel, a Criminal Defense Attorney--Take heed. Take advantage of your constitutional rights! The Gilbert Prosecution, judge or court will do nothing to defend you. They will not even help to make your life easier if they could. Their job is not to defend but to convict you. Arizona wants convictions. A good private practice criminal defense or DUI Lawyer who defends DUI and criminal charges in Gilbert, AZ frequently will defend your charges, your rights, your freedom and your future.

Defending Criminal Charges in Gilbert, AZ
You may be wondering what benefit there is to hiring a criminal or DUI defense Attorney to defend your Gilbert criminal or DUI Charges. You should contact an experienced criminal or DUI Attorney for a consultation. Many of the best criminal defense and Gilbert DUI lawyers provide Free Initial Consultation. They will give you insight into what you are facing, and your options. Start there first. Friends and family mean well, when they give advice. But be careful of making your decision without consulting an experienced DUI or criminal attorney who defends charges regularly in Gilbert.

What Your Gilbert Criminal Lawyer will do
Here is brief outline of what an experienced criminal defense attorney, and good DUI lawyer who defends cases in Gilbert, AZ will do for you:
• File notice with the court that they are legally represented you and request that all communications go through the defense attorney,
• File notice with the court of "not guilty" plea on your behalf and notice of your defenses.
• Listen to your side of the story. Take appropriate action based on the facts you provide.
• Keep you up to date regarding your case
• Answer all of your questions
• Give you guidance and recommendations
• Gather and examine all evidence
• Retest any blood or urine samples by an independent lab, that the prosecution wants to use as evidence against you.
• Find out if any violations of your Constitutional Rights exist. .
• Find weaknesses or flaws in the Gilbert Prosecutions case
• Build and mount an effective winning defense based on the circumstances in your case. A good attorney, with a great deal of litigation and defense skills, and experience will know which of many defenses should be used in your case.
• Challenge the prosecutions evidence against you
• File motions to suppress evidence if there is other justifiable reason why it should be suppressed
• Educate the Gilbert Prosecution on weaknesses or flaws in their case to position for negotiations of for evidence suppression, charge and sentencing reduction or case dismissal
• Appear at all hearings, conferences, negotiations with the court and prosecution.
• File all necessary motions
• Exhaust all means to reduce the criminal or DUI charges
• Exhaust all means to get the charges completely dismissed.

One key to a successful Gilbert Criminal defense is to hire your Gilbert Criminal Defense Attorney early. This gives your Gilbert criminal attorney time to and mounts a winning defense on your behalf. You generally do not get more than one shot at freedom. Do not underestimate the need for a Gilbert criminal defense or DUI defense Attorney. It may mean the difference between a poor outcome and a great outcome; or the difference between a conviction and a complete dismissal of charges.

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

Continue reading "CRIMINAL ATTORNEY GILBERT, AZ" »

September 12, 2010

Marijuana Sales Penalties

"Hiring a good private practice Tempe criminal defense or drug defense lawyer is your best chance to get a good outcome for your Marijuana sales charges."

If you were arrested in Tempe, AZ or face Marijuana (also called Pot, Cannabis, or Weed) sales charges in Tempe, you should consult a Tempe drug defense lawyer or Tempe criminal defense attorney. Convictions for charges of selling Marijuana carry severe in Arizona. Sentencing is the harshest for Marijuana production, manufacturing, distribution, sales, or intent to sell in Tempe, Arizona.

Whether your charges were in Tempe, Phoenix, Chandler, Gilbert, Scottsdale, Mesa, or any other city in Arizona makes no difference, in that any Marijuana charges in Arizona will fall under rule of law of the State of Arizona Criminal Code 13 which describes Marijuana law as found in "A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification".

Sale of Marijuana Classifications
• Under 2 lbs = Class 4 felony;
• Between 2-4 lbs = Class 3 felony;
• Over 4 lbs= Class 2 felony:

Trafficking/Producing Marijuana
• Less than 2 lbs= Class 5 felony;
• Between 2-4 lbs = Class 4 felony;
• Over 4 lbs= Class 3 felony;
• Transporting/importing: less than 2 lbs = Class 3 felony; Over 2 lbs.: Class 2 felony

Factors that determine the severity of Marijuana Penalties and
• Quantity of Marijuana alleged to be for sale or intended to sell
• Any prior criminal history
• Any prior Marijuana convictions
• Strength of the prosecution's evidence and case against you.

Marijuana Sales Penalties if convicted :
1. Less than 2 lbs: 1 ½ to 3 years in jail. Fines from $750.00 to $150,000.00.
2. For 2lbs to 4 lbs: 2 ½ to 7 years of jail time and fines ranging from $750-$150,000.00.
3. Exceeding 4lbs: 4 to 10 years of jail. Fines range from $750-$150,000.00.

Criminal Defense Attorney Tempe, AZ
A good private practice criminal defense or drug defense attorney who defends cases frequently in Tempe will gather and examine evidence; conduct their own independent investigation; interview witnesses; utilize experts if necessary, find out if any of your constitutional rights were violated, file motions, prepare for and defend you at hearings, or trial, determine which of many defenses can be used based on the circumstances surrounding your charges, negotiate with the prosecution and file motions with the court in an attempt to get you the very best outcome in your case.

Going unrepresented by a good private practice Tempe AZ Drug defense Attorney or Tempe criminal defense lawyer is the fastest route to a conviction. There is too much to lose to attempt to go unrepresented. You need a strong Tempe criminal defense attorney to frequently defend drug charges to represent you for Marijuana Sales charges. An experienced criminal defense attorney in Tempe understands the Tempe Court system, procedures, laws, and the defenses that can be used to defend your Marijuana charges. Hiring a good private practice Tempe criminal defense or drug defense lawyer is your best chance to get a good outcome for your Tempe Marijuana sales charges. A good Tempe Marijuana criminal defense Attorney will make sure your get you fair treatment in court; your constitutional rights are protected; minimize the impact the charges; challenge evidence for suppression, attempt to get charges reduced, and make every effort if possible to get your Marijuana sales charges dismissed.

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

Continue reading "MARIJUANA DEFENSE LAWYER" »

September 11, 2010

Gilbert Criminal Defense

If you were arrested in Gilbert, AZ are face Marijuana (also known as Pot, Cannabis, or Weed) sales charges in Gilbert, you need to contact a Gilbert Marijuana lawyer or criminal defense attorney who defends Marijuana drug charges in Gilbert, AZ Court. If convicted, you will potentially be subject to severe penalties. Arizona takes
Sales of Marijuana charges very seriously.

Charges are for Production, Manufacturing, Distributing, or Selling of Marijuana in Gilbert, Arizona and possession with intent to distribute them, carries much more severe penalties and harsher sentencing than Marijuana possession for personal use.

AZ Marijuana Charges are held to Arizona Criminal Code 13 which describes Marijuana law as found in "A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification".

Sale of Marijuana Classifications
• Under 2 lbs = Class 4 felony;
• between 2-4 lbs = Class 3 felony;
• over 4 lbs= Class 2 felony:

Trafficking/Producing Marijuana
• less than 2 lbs= Class 5 felony;
• between 2-4 lbs = Class 4 felony;
• Over 4 lbs= Class 3 felony;
• Transporting/importing: less than 2 lbs = Class 3 felony; Over 2 lbs.: Class 2 felony

Factors that determine the severity of Marijuana Penalties and
• The quantity of Marijuana found for sale or intent to sell
• Prior criminal record
• Prior Marijuana possession or sales convictions
• Strength of facts and evidence of Arizona drug offense

Penalties for Marijuana Sales:
1. The first tier begins at from 1 ½ to 3 years in Jail with fines that range from $750.00 o $150,000.00 for less than 2 lbs for sales conviction
2. The next tier is 2 lb to 4 lbs. with sentencing for conviction subject to 2 ½ to 7 years of jail time and fines ranging from $750-$150,000.00 for Marijuana sales.
3. The third tier is for anything over 4 lbs. with sentencing for conviction that includes 4 to 10 years of jail time and fines ranging from $750-$150,000.00 for Marijuana sales.

What an Experienced Gilbert Marijuana Defense Lawyer can do to Defend You
It is a dangerous risk to go unrepresented by a good Gilbert AZ Marijuana sales defense Attorney. This is you best chance at getting a good outcome for your Marijuana sales charges. A good Gilbert Marijuana Criminal Defense Attorney will make sure your get you fair treatment in court, make sure your constitutional rights are not violated, minimize the impact the charges can have on your life, challenge evidence for suppression (so that it can not be used against you), attempt to get charges reduced, and make every effort if possible to get your Marijuana Sales Charges dismissed.

An experienced Drug Defense Lawyer or criminal defense attorney
who practices frequently in Gilbert will gather and examine evidence; conduct their own independent investigate; interview witnesses; utilize experts if necessary, find out if any of your constitutional rights were violated, and determine which of many defenses can be used based on the circumstances surrounding your charges. Most of the best criminal attorneys, who defend drug charges in Gilbert AZ, provide a free consultation. You have nothing to lose, and you will gain helpful information and piece of mind regarding your Gilbert Drug Charges and what to expect. Think of it as your first step to turning a mistake into a second chance.

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

Continue reading "MARIJUANA SALES PENALTIES LAWYER" »

September 10, 2010

Felony DUI Mesa, AZ

"Felony DUI Attorneys must be extremely knowledgeable as to the Felony DUI laws and what defenses can be utilized the most effectively based on your circumstances in an effort to get the ultimate best outcome in your case for your Felony DUI charges in Mesa AZ."

A Mesa "Felony DUI" is also known as "Aggravated DUI". If you've been arrested or face Felony DUI (Driving under the Influence) charges in Mesa, AZ the best advice you can get now is to consult a good Arizona Criminal Defense Attorney or Felony DUI Defense Attorney who defends cases frequently in Mesa Municipal Court. All DUI charges are serious. But Felony DUI convictions are even more serious, and can have long lasting adverse impacts that follow you for life.

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

• DUI charges involving an auto accident that results in bodily injury or significant harm to another person.
• DUI manslaughter - When the DUI and Auto accident results in a fatality of another person.
• Your third DUI conviction within 7 years
• DUI while you are driving with suspended or revoked driver's license
• Driving impaired under the influence of alcohol or drug, with a minor, in Arizona (that is age 15 or under) in the vehicle.

Mesa Felony DUI Penalties, Arizona Law- Arizona Revised Statutes
Mesa 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. If serious injury or a fatality has occurred, this sentencing will be significantly harsher for a felony DUI conviction.
• Up to $150,000 plus 80% surcharge
• $1500 prison assessment
• Abatement fees
• Evaluation Costs
• Drug or Alcohol Treatment & Counseling Costs
• Probation and associated fees
• Driving Privileges may be revoked for up to 3 years
• Court ordered Ignition Interlock Device added to your vehicle at your expense.

DUI and Felony DUI laws are constantly changing. Because the laws and penalties are constantly changing, it is important to hire an experienced, highly qualified Arizona Criminal or AZ DUI defense Lawyer who defends DUI charges often in Mesa Municipal Court. Your criminal defense attorney must be well versed on the Arizona laws, Mesa Courts, Protocol, your constitutional rights; But most importantly, Felony DUI Attorneys must be extremely knowledgeable as felony DUI laws and what defenses can be utilized the most effectively based on your circumstances in an effort to get the ultimate best outcome in your case for your Felony DUI charges in Mesa, AZ.

Many winning defense strategies 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 "Mesa AZ Felony DUI Lawyer | Felony DUI Laws " »

September 9, 2010

What a Good Chandler DUI Attorney Can Do to Defend your Chandler DUI
Field Sobriety Test Defenses

Field Sobriety Tests and what they are
Field Sobriety Tests are standardized tests adopted by the National Highway Traffic Safety Administration (NHTSA). But many of the best AZ DUI lawyers, who defend cases in Chandler often, consider them to be false and invalid tests. This is due to their subjective nature and police biases in reporting the results, of the driver they stopped for the Chandler DUI. For this reason Chandler DUI Charges involving FST results are often challenged with by AZ DUI Attorneys who frequently defend DUI charges in Chandler AZ. 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 Chandler often and clearly knows how to challenge such evidence.

What Chandler Police Don't Want You to Know
One thing Chandler Police do not usually offer to tell you is that Field Sobriety Testing is not required under Arizona Law. You actually 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 a controversial issue is because if you decline, the Chandler 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 Chandler DUI charge, challenge the results after the fact, through the proper legal channels. Make your choice carefully and consider your circumstances at the time of the stop, as well as the consequences of a refusal.

FST results are judged by the Chandler police officer conducting the FST. The FST is the least reliable of any Chandler DUI evidence that can be used to convict you of your Chandler DUI. It is unfortunate, but Chandler Police have been known to intentionally report that you did poorly on the tests, when in fact the results were acceptable and you did as good as or better than someone unimpaired on drugs or alcohol.

Interestingly, 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 being overwhelmed by the ordeal, nervous, overcompensating for fear they will du poorly due to their anxiety, motor skill impairments, work related fatigue, other medical impairments and many other factors. This is another good reason why they are often challenged by experienced DUI Lawyers who defend cases in Chandler frequently. The actual purpose of FST is to be used as a preliminary tool to assist the officer in making 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 Chandler DUI. Despite this, the Gilbert Court and Prosecution will attempt to place more emphasis on the FST evidence, especially if the police reported 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 DISADVANTAGED AT THE ROADSIDE TESTS DUE TO UNFAVORABLE CONDITIONS INCLUDING BUT NOT LIMITED TO INCLIMATE WEATHER, UNLEVEL GROUND, OR OTHER ENVORNMENTAL OR LANDSCAPING ASPECTS THAT WOULD ADVERSELY IMPACT THE RESULTS.

• MEDICAL EXPERTS CONCLUDE AND AGREE FOR THE MOST PART, THAT THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS. THE TEST MUST BE PERFORMED UNDER MEDICALLY REQUIRED VARIABLES AND STANDARDS AND CONDITIONS SIMPLY DO NOT AND CAN NOT EXIST IN A ROADSIDE TEST.

• THE POLICE TESTED YOU DISPITE THE FACT THAT YOU WERE NOT AN APPROPRIATE CANDIDATE FOR AN FST ACCORDING TO NHTSA RECOMMENDED GUIDELINES. SOME ISSUES THAT MAY CAUSE SOMEONE TO BE AN UNFAVORABLE CANDIDATE DUE TO THE FACT THEY MAY PERFORM POORLY ON CERTAIN EXERCISES, INCLUDE WIEGHT, MEDICAL IMPAIRMENTS OR MEDICAL CONDITIONS, LANGUAGE BARRIERS, ADVANCED AGE, AND MANY OTHER MEDICAL CONDITIONS OR FACTORS THAT MAY CONTRIBUTE TO INACCURATE OR POOR RESULTS.
• FIELD SOBRIETY TESTS CAN NOT BE ADMITTED IF THEY ARE CONSIDERED INVALID OR NOT RECOGNIZED BY NHTSA.

• THE POLICE OFFICER FAILED TO 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.

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

• THE POLICE OFFICER WHO CONDUCTED YOUR FST IS NO LONGER EMPLOYED THERE, IS DECEASED, OR OTHERWISE UNABLE TO TESTIFY, DUE TO OTHER CIRCUMSTANCES.

These are just a few items that can be challenged of many that an AZ DUI Attorney can use to defend your Chandler DUI. You should consult a good AZ DUI attorney who defends DUI cases frequently in Chandler. 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 Chandler DUI dismissed, charges reduced, evidence suppressed or the otherwise best possible outcome in your case.

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, 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 Chandler DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, Mesa, Scottsdale, Chandler, Gilbert, Arizona and surrounding areas in Maricopa County Arizona

Continue reading "Chandler DUI ׀ AZ DUI Laws " »

September 8, 2010

Marijuana Lawyer Tempe, AZ

"The ultimate goal in defending Marijuana possession charges is case dismissal. If that can not be achieved then the next steps are to try to get the charges and sentencing reduced, and the otherwise best outcome in your case."

If you were arrested or charged with possession of Marijuana (Cannabis, Pot) in Tempe, AZ you should consult a Marijuana Lawyer who defends and litigates Tempe Marijuana charges or frequently defends drug charges in Tempe Court. Marijuana Possession charges are the most common of all AZ drug charges. However, that does not reduce the adverse impacts, and penalties. Nor does it give cause for leniency by the Tempe Court if convicted.

Marijuana Penalties in Tempe, AZ
Penalties for possession of Marijuana in Arizona depend upon the amount of illegal substance allegedly found in your possession. Another important factor considered is what the intended purpose was for the Marijuana allegedly found. In other words the police, investigator, or prosecution want to know if it was for personal use, sales, distribution, or other some other reason.

• Under 2 lb charged = Class 6 felony;
• 2-4 lbs = Class 5 felony;
• 4 lbs. and over = Class 4 felony; fine of not less than $750 or 3 times the value of the controlled substance, whichever is greater.

If your Marijuana charges were for possession, with no intent to sell it, you may be eligible for "deferred sentencing". This means you may be eligible for an offer of what some call the "second chance". Not every defendant is entitled to this. The court decides if it will be offered, and determines if you qualify. Qualification is based upon the
circumstances surrounding your Marijuana Possession charges, prior criminal convictions, first time or repeat offense, and other related factors.

Deferred Sentencing requires a probationary period. If the term of probation is completed satisfactorily to the court, your charges may be dismissed. But if the probationary period and or any other related court orders during that time are violated, you could be subject to the original potential sentencing for the Marijuana possession charges. A good Tempe Marijuana Lawyer will do everything possible to obtain the deferred prosecution to get the charges dismissed.

If you do not qualify for deferred prosecution, the best Marijuana possession Lawyers who defend drug charges in Tempe, AZ will do everything possible to get your case dismissed, secure lesser charges, or in the least a significantly better outcome in your case, than would have otherwise been possible.

Arizona Marijuana Laws
Marijuana possession charges in Tempe, AZ the charges are subject to the rules of the Arizona State Laws. Marijuana classifications, and penalties are outlined under Arizona Statutes Criminal Code 13 - Specifically, A.R.S. "13-3405. Possession, use, production, sale or transportation of marijuana; classification..."

Marijuana Lawyer -Defending your Marijuana Charges
Experienced Marijuana Lawyers or Tempe criminal defense attorneys who frequently defend drug charges in Tempe Court will gather and examine the evidence. They will then determine a defense strategy, and mount a defensive case against the Tempe prosecution's case. Your Tempe Marijuana Lawyer will make sure your constitutional rights have not been violated during any of the processes. They will determine if any of the evidence has cause to be challenged and potentially suppressed (meaning that particular evidence can not be used against you).

There are many arguments and defenses that can be used to defend Marijuana charges. An experienced litigator or good Tempe Marijuana Lawyer will know which defenses will be most effective given your particular set of circumstances. The ultimate goal in defending Marijuana possession charges is case dismissal. If that can not be achieved then the next steps are to try to get the charges and sentencing reduced, and the otherwise best outcome in your case.

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

Continue reading "MARIJUANA POSSESSION " »

September 7, 2010

If you were arrested in Mesa, AZ are face Marijuana (also called Pot, Cannabis, or Weed) sales charges in Mesa, it is important that you contact a Mesa Marijuana lawyer or criminal defense attorney who defends Marijuana drug charges in Mesa, AZ Court. If convicted, you will potentially be subject to severe penalties. Arizona takes
Sales of Marijuana charges very seriously.

Charges are for Production, Manufacturing, Distributing, or Selling of Marijuana in Mesa, Arizona and possession with intent to distribute them, carries much more severe penalties and harsher sentencing than Marijuana possession for personal use.

AZ Marijuana Charges are held to Arizona Criminal Code 13 which describes Marijuana law as found in "A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification".

Sale of Marijuana Classifications
• Under 2 lbs = Class 4 felony;
• between 2-4 lbs = Class 3 felony;
• over 4 lbs= Class 2 felony:

Trafficking/Producing Marijuana
• less than 2 lbs= Class 5 felony;
• between 2-4 lbs = Class 4 felony;
• Over 4 lbs= Class 3 felony;
• Transporting/importing: less than 2 lbs = Class 3 felony; Over 2 lbs.: Class 2 felony

Factors that determine the severity of Marijuana Penalties and

• The quantity of Marijuana allegedly found for sale or intent to sell.
• Your Prior criminal history
• Prior Marijuana possession or sales convictions
• Strength of facts and evidence of the prosecution's case against you.
Penalties for Marijuana Sales:

1. The first tier begins at from 1 ½ to 3 years in Jail with fines that range from $750.00 o $150,000.00 for less than 2 lbs for sales conviction
2. The next tier is 2 lb to 4 lbs. with sentencing for conviction subject to 2 ½ to 7 years of jail time and fines ranging from $750-$150,000.00 for Marijuana sales.
3. The third tier is for anything over 4 lbs. with sentencing for conviction that includes 4 to 10 years of jail time and fines ranging from $750-$150,000.00 for Marijuana sales.

What an Experienced Mesa Marijuana Defense Lawyer can do to defend you
An experienced Drug Defense Lawyer or criminal defense attorney who practices frequently in Mesa will gather and examine evidence; conduct their own independent investigate; interview witnesses; utilize experts if necessary, find out if any of your constitutional rights were violated, and determine which of many defenses can be used based on the circumstances surrounding your charges. Most of the best criminal attorneys, who defend drug charges in Mesa AZ, provide a free consultation. You have nothing to lose, and you will gain helpful information and piece of mind regarding your Mesa Drug Charges and what to expect. Think of it as your first step to turning your mistake into a second chance.

It is too much of a risk to go unrepresented by a good Mesa AZ Marijuana sales defense Attorney. There is too much to lose to attempt to go at it alone. The Gilbert Prosecution convicts defendants day in and day out. You make their job to convict you easy if you do not hire good legal representation. You need a strong criminal defense attorney to frequently defend cases in Gilbert AZ. They know the system, the protocol, the law, and the defense that can be used to challenge the prosecutions case against you. Hiring a good private practice criminal defense or drug defense lawyer is your best shot at freedom. It is your best chance at getting a good outcome for your Marijuana sales charges. A good Mesa Marijuana Criminal Defense Attorney will make sure your get you fair treatment in court, make sure your constitutional rights are not violated, minimize the impact the charges can have on your life, challenge evidence for suppression (so that it can not be used against you), attempt to get charges reduced, and make every effort if possible to get your Marijuana Sales Charges dismissed

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

Continue reading "MARIJUANA LAWYER Marijuana Sales Penalties Mesa, AZ Criminal Defense " »

September 6, 2010

One Defense a good Chandler DUI Defense Attorney can use to potentially get Your Chandler DUI Dismissed

Illegal DUI Stop

If you were arrested for Chandler DUI charges you should contact a Chandler DUI defense Attorney or AZ DUI Lawyer who defends Chandler DUI charges in Chandler Court often. The Criminal Defense or DUI Attorney will ask you some important questions. If you are speaking with an experienced AZ DUI lawyer or Chandler AZ DUI lawyer one of the first questions they will ask you is "Why did the Chandler 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 lead to a possible complete dismissal of your Chandler 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 Chandler DUI stop was found to be illegal there is a good chance it could lead to dismissal of your Chandler DUI charges."

If the police did not have a valid "reasonable suspicion" to stop you, then the remedy in negotiations with the prosecution may call for a dismissal of the DUI charges. The police 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, keeping your turn signal on too long, is not generally unlawful and should not justify Police to stop you for suspicion of DUI, Drunk Driving in or Drug DUI in Chandler, AZ. These types of driving actions are commonly seen in unimpaired drivers anywhere and anytime.

If the Chandler DUI stop by the police was illegal then your Chandler 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 Chandler prosecutors to justify that their actions of stopping the vehicle and that

"reasonable suspicion" existed for the stop. If the Prosecution and your Chandler 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 Chandler DUI stop was found to be unlawful, there is a good chance it could lead to dismissal of your Chandler 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 Chandler 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 "Chandler Laws ׀ DUI Stop " »

September 5, 2010

"There are many defenses that can be used to defend Marijuana charges. An experienced litigator and good Scottsdale Marijuana defense Lawyer will know which defenses best suit your situation and challenge the prosecution's evidence and case against you".

If you were arrested or charged with possession of Marijuana (Cannabis, Pot) in Scottsdale, AZ you should consult Marijuana Lawyer who defends and litigates Scottsdale Marijuana charges or frequently defends drug charges in Scottsdale Court. Although Marijuana Possession charges are the most common of all Arizona drug charges, it does not reduce the adverse impacts, penalties or leniency from the court if convicted.

Marijuana Penalties in Scottsdale, AZ

The penalties for possession of Marijuana in Arizona are based on the quantity of the substance found in your possession, and your intended purpose for it such as personal use, sales, distribution, or other reason.

• Under 2 lb charged = Class 6 felony;
• 2-4 lbs = Class 5 felony;
• 4 lbs. and over = Class 4 felony; fine of not less than $750 or 3 times the value of the controlled substance, whichever is greater.

If the Marijuana charges were for possession, with no intent to sell it, you may be eligible for "deferred sentencing". This means you may be eligible for what some call a second chance, if you will, by the court. Everyone is not entitled to this automatically. The court must grant or offer it after consideration of your qualifications. These are based on s circumstances surrounding the Scottsdale Marijuana possession charges, past criminal history and other factors considered by the court.

Deferred Sentencing has a probation period. If this probation period is successfully completed, your charges may be dismissed. But if the probationary period and or any other related orders from the court are violated, you could be subject to the original potential sentencing for the Marijuana possession charges. A good Marijuana Lawyer who defends cases often in Scottsdale Court will do everything possible to obtain the deferred prosecution to get the charges dismissed.

If you do not qualify and are not offered deferred prosecution, the best Marijuana possession Lawyers who defend drug charges in Scottsdale, AZ will do everything possible to get your case dismissed, secure lesser charges, or in the least a significantly better outcome in your case, than would have otherwise been possible.

Arizona Marijuana Laws

If you receive Marijuana possession charges in Scottsdale, AZ the charges are subject to the rules of the Arizona State Laws. Marijuana classifications, and penalties are outlined under Arizona Statutes Criminal Code 13 - Specifically, A.R.S. "13-3405. Possession, use, production, sale or transportation of marijuana; classification..."

Marijuana Lawyer -Defending your Marijuana Charges

Good Marijuana Lawyers or criminal defense attorneys who frequently defend charges in Scottsdale Court will gather and examine the evidence. They will then determine and mount a strong defense on your behalf, based on the circumstances involved. They will make sure your constitutional rights have not been violated during any of the processes (this happens frequently in search and seizure of drug situations). There are many defenses that can be used to defend Marijuana charges. An experienced litigator or good Scottsdale Marijuana Lawyer will know which defenses will be most effective in defending your case and getting the best outcome possible.

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

Continue reading "MARIJUANA POSSESSION Lawyer Scottsdale, AZ " »

September 4, 2010

"With an experienced AZ DUI Drug Defense or DUI with Medication defense Attorney your chances of getting a outcome such as evidence suppressed, charges reduced, milder sentencing, or even a total dismissal of your charges increase substantially".

If you face Gilbert AZ drug DUI or medication DUI charges you should contact a an experienced drug defense attorney, Gilbert criminal defense attorney or DUI attorney who defends cases in Gilbert AZ as soon as possible. Early retention of an experienced Gilbert DUI attorney is one of the keys to a winning defense.

If you test positive for drugs and are subject to drug DUI charges under the Arizona State Laws. These laws are some of the toughest in the country. The mere presence of a drug found in your system is enough for the Gilbert police to charge you or any city in Arizona, if the officer believes that drugs impaired your driving to the slightest degree. Medication DUI and Drug DUI charges are considered the same as an alcohol DUI according to Arizona State Law for purposes of conviction and sentencing. The exception to this would be if the drugs involved were dangerous, illegal, or controlled substances. This factor would bring cause for harsher sentencing if convicted as well as additional charges.

Gilbert Drug DUI Laws
Any Gilbert AZ drug DUI or medication DUI will fall under rule of Arizona State Law and Criminal Codes. Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict. It makes no difference if the drug is legally prescribed medication by a licensed physician (A.R.S. 28-1381 3.B.) or an illegal dangerous drug (A.R.S. 28-13813.B, A.R.S. 13-3401). Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."
(Cited in Part: Arizona State Website azleg.state.az.us/ars/28/01381)

DUI with Medications, Drug DUI Defense Gilbert, AZ
If you have been charged with a Gilbert drug DUI or DUI with medications, you will need to hire a good Arizona Criminal Defense, Drug defense or Gilbert DUI Attorney who defends DUI and drug DUI in Gilbert on a regular basis. It takes education, training, special skills related to toxicology, litigation Experience and forensic tools needed to challenge Gilbert, Arizona a Drug DUI. It is highly recommended that you not go without good Arizona Legal Representation or AZ Defense for Drug DUI, Medication DUI. If you try to take on the monumental task fighting through the maze of the Arizona court system, challenging toxicology evidence, building a defense strategy, filing motions, conducting hearings, and all that goes with it, your charges will most likely end up in a conviction. A qualified defense attorney will make sure your Constitutional rights have not been violated, examine the evidence, challenge the evidence, and determine the best defense strategy to use based on the circumstances in your case.

Many of the defenses that may be used can be found at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html both at the website, in the free videos, and free books "101 DUI Defenses"© Book from the "Arizona Winning Defense Strategies" © Series -Author: James Novak, Arizona DUI & Criminal Defense Attorney.

With an experienced AZ DUI Drug Defense or DUI with Medication defense Attorney your chances of getting a good outcome such as evidence suppressed, charges reduced, milder sentencing, or even a total dismissal of your charges increase substantially.
If you have been charged with any Gilbert, 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 drug sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona Criminal Defense and Gilbert DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak proudly defends cases in Gilbert, Tempe, Phoenix, Mesa, Chandler, Gilbert, and surrounding cities within Maricopa County.

Continue reading "GILBERT DRUNK DRIVING LAWYER Medication DUI | Drug DUI" »

September 3, 2010

AZ Extreme DUI - Your Options and what a good AZ DUI Attorney can do for you.

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

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

So you made a mistake. That means you are human. There is hope. And you deserve a second chance. Understand first that simply because you were charged with a Phoenix DUI doesn't mean you are guilty as charged, or that you will be convicted of it. The fact is that the police officer (s) felt at the time they had probable cause for arrest. Examination of the evidence by an experienced DUI Attorney who practices regularly in Phoenix may just disprove that issue. If you have received a Phoenix 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 Phoenix extreme DUI:

A. Plead guilty with no attempt at defending the charge. You could potentially receive up to the max for first offense:
1) Minimum 30 days jail and up to 6 months,
2) vehicle impound
3) Required Ignition interlock device to be used on your auto (at your expense)
4) Ninety days driver's license suspension
5) Mandatory alcohol/drug counseling
6) Probation
7) Pay fines, fees, and if applicable restitution. Any other punishment the court deems necessary

B. Fail to appear for your court date that is indicated on the complaint you received. In that event an immediate warrant will be issued for your arrest. The police may go to your place of business, work, or wherever they think they can find you to arrest you.

C. If you qualify financially, there is always an 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. 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. It may be a good investment of your time, to seek out someone you know who has used a public defender. Ask them about what type of defense they were able to provide and the outcome

D. Go to court unrepresented by a good private practice AZ criminal defense or AZDUI Attorney. This is extremely risky and 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 yourself, how to make their case stronger, and will ignore any weaknesses or flaws in your case. You will most likely end up with the results in option A. above.

E. Hire an experienced AZ criminal defense or AZ DUI Attorney you can find to fight for you and defend your case. You will be surprised to find out, that some of the best attorneys are more affordable, than others not so skilled or experienced. And most good Phoenix DUI attorneys will provide a Free Consultation. You have nothing to lose. A good criminal defense or DUI attorney who practices in Phoenix 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 AZ DUI Attorney will examine evidence or lack thereof; determine if there were any violations of your constitutional rights, reason for the DUI stop, probable cause for your arrest, handling of all evidence, crime lab methods of testing, proper implementation of field sobriety tests, reliability of testing, maintenance and reliability of breathalyzer machines, and many more factors. There are factors that may seem small to you, that the eye of a good DUI Attorney will use as a defense and may have great bearing on your case. You will not get these benefits or evidence challenged without a good private practice Phoenix, AZ Criminal or DUI attorney. A good private practice DUI Attorney in Phoenix 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 an AZ DUI conviction.

If you have been charged with any Phoenix 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 "Phoenix AZ Lawyer Extreme DUI Law Firm" »

September 2, 2010

Marijuana Lawyer Mesa, AZ

"...if you do not qualify for deferred prosecution, your Arizona Marijuana Lawyer will make every effort to get your case dismissed, secure lesser charges, or in the least a significantly better outcome in your case..."

If you face Marijuana charges (Cannabis Possession, Pot Possession) for possession in Mesa AZ you should contact a Marijuana Lawyer who defends and litigates Mesa Marijuana charges or frequently defends drug charges in Mesa Municipal Court. Although AZ Marijuana Possession charges are the most common of all Arizona drug offenses, it does not reduce the adverse impacts, penalties and sentencing, or leniency from the court and prosecution if convicted.

Marijuana Penalties in Mesa, AZ

The penalties for possession of Marijuana in Arizona are based on the quantity of the substance found in your possession, and its intended purpose such as personal use, sales, distribution, smuggling, or other reason.

• Under 2 lb charged as Class 6 felony;
• 2-4 lbs charged as Class 5 felony;
• 4 lbs. and over charged as Class 4 felony; fine of not less than $750 or 3 times the value of the controlled substance, whichever is greater.

If the Marijuana possession charges were for possession without intent to sell, you may be eligible for deferred sentencing. This means you may be eligible for a second chance, if you will, by the court. This deferred sentencing is not automatic. The court must grant it as an offer after considering whether or not you qualify. Qualification is determined by reviewing the circumstances surrounding the Mesa Marijuana possession charges, past criminal history or any other extenuating factors.

Deferred Sentencing includes a probation period. If this probation period is successfully completed, your charges may be dismissed. But if the probationary period and or any other related orders from the court are violated, you could be subject to the original potential sentencing for the Marijuana possession crime. A good Marijuana Lawyer who defends cases often in Mesa Municipal Court will do everything possible to obtain the deferred prosecution to get the charges dismissed.

Even if you do not qualify and are not offered deferred prosecution, the best Marijuana possession Lawyers will do everything possible to get your case dismissed, secure lesser charges, or in the least a significantly better outcome in your case, than would have otherwise been possible with an experienced Mesa drug defense Attorney or Marijuana Lawyer.

Arizona Marijuana Laws

If you receive Marijuana possession charges in Mesa, AZ the charges are subject to the rules of the Arizona State Laws. Marijuana classifications, and penalties are outlined under Arizona Statutes Criminal Code 13 - Specifically, A.R.S. "13-3405. Possession, use, production, sale or transportation of marijuana; classification..."

Marijuana Lawyer -Defending your Marijuana Charges

Good Marijuana Lawyers or criminal defense attorneys who frequently defend charges in Mesa Municipal Court will gather and examine all evidence available. They will mount build a strong defense on your behalf, based on the circumstances of your case. They will make sure your constitutional rights have not been violated during the process of your arrest, before or after to present. There are many defenses that can be used to defend Marijuana charges. A good Mesa Marijuana Lawyer will know which defenses best suit your situation and challenge the prosecution's evidence and case against you.

If you have been charged with any Mesa Arizona Marijuana possession, sales, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Tempe, Arizona DUI, Mesa, 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 Mesa Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "MARIJUANA POSSESSION " »

September 1, 2010

"The ultimate goal of the best Chandler DUI defense attorneys is to attempt to get the case dismissed, reduced charges or best possible outcome in your case."

If you face Chandler AZ drug DUI or medication DUI charges you should contact an experienced Chandler criminal defense attorney or DUI attorney who defends cases in Chandler AZ as soon as possible. Early retention of an experienced Chandler DUI attorney is an important factor in achieving a successful defense.

Medication Drug DUI
If you test positive for drugs following Chandler DUI stop, you are subject to drug DUI charges under the Arizona State Laws. These laws are some of the toughest in the country. The mere presence of a drug found in your system is enough for the Chandler police to charge you or any city in Arizona, if the officer believes that drugs impaired your driving to the slightest degree. Medication DUI and Drug DUI charges are considered the same as an alcohol DUI according to Arizona State Law for purposes of conviction and sentencing. The exception to this would be if the drugs involved were dangerous, illegal, or controlled substances. This factor would bring cause for harsher sentencing if convicted as well as additional charges.

Chandler Drug DUI Laws
Any Chandler AZ drug DUI or medication DUI will fall under rule of Arizona State Law and Criminal Codes. Arizona Law prohibits use of driving a vehicle while "impaired to the slightest degree", due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict. It makes no difference if the drug is legally prescribed medication by a licensed physician (A.R.S. 28-1381 3.B.) or an illegal dangerous drug (A.R.S. 28-13813.B, A.R.S. 13-3401). Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree....

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body...

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor...."
(Cited in Part: Arizona State Website azleg.state.az.us/ars/28/01381)

Chandler DUI with Medications, Drug DUI Defense
If you have been charged with a Chandler drug DUI or DUI with medications, you will need to hire a good Arizona Criminal Defense, or DUI lawyer who defends DUI and drug DUI charges in Chandler Court frequently. It takes education, training, special skills related to toxicology, litigation and defense experience and forensic tools and resources to challenge evidence and charges for a Chandler Drug DUI. A qualified Chandler DUI or criminal defense attorney will fight through the protocol of the Chandler Municipal Court system, examine and challenge toxicology evidence, mount an effective defense file motions, conduct hearings, and all the while provide you guidance and keep you informed, and be there for you. A good Chandler criminal defense or DUI attorney who defends cases in Chandler frequently will also make sure you are treated fairly, your side of the story is presented, and that your Constitutional rights have not been violated. The ultimate goal of the best DUI defense attorneys is to attempt to get the case dismissed, reduced charges and the best possible outcome in your case.

Many of the defenses that may be used can be found at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html both at the website, in the free videos, and free books "101 DUI Defenses"© Book from the "Arizona Winning Defense Strategies" © Series -Author: James Novak, Arizona DUI & Criminal Defense Attorney.

With an experienced AZ DUI Drug Defense or DUI with Medication defense Attorney your chances of getting a good outcome such as evidence suppressed, charges reduced, milder sentencing, or the ultimate total dismissal of your charges increase substantially.

If you have been charged with any Chandler, 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 drug sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona Criminal Defense and Chandler DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak proudly defends cases in Chandler, Tempe, Phoenix, Chandler, Mesa, Gilbert, and surrounding cities within Maricopa County.

Continue reading "Chandler Medication DUI | Drug DUI LAWYER " »