November 2010 Archives

November 30, 2010

Marijuana Lawyer Chandler, AZ

"If you do not qualify and are not offered deferred prosecution, the best Marijuana possession Lawyers who defend drug chares in Chandler, 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."

If you have been arrested or charged with possession of Marijuana (Cannabis, Pot) in Chandler, AZ you should consult a Marijuana Lawyer who defends and litigates Chandler Marijuana charges or frequently defends drug charges in Chandler Court. Although Marijuana Possession charges are the most common of all Arizona drug charges, it does not reduce the adverse impacts, penalties or give cause for leniency by the Chandler Court if convicted.

Marijuana Penalties in Chandler, AZ
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 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 a "second chance". Everyone is not entitled to this automatically. The court must offer it after consideration to determine if you qualify. Qualification is based
on circumstances surrounding your charges, any prior criminal convictions, repeat offenses, and other related factors.

Deferred Sentencing requires probation. If the term of probation is completed, 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 Marijuana Lawyer who defends cases often in Chandler Court 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 chares in Chandler, 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 Chandler, 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 Chandler Court will gather and examine the evidence. They will then determine a defense strategy, and mount a defensive case against the Chandler prosecutions case. Your Marijuana Lawyer defending your Chandler drug charges 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. 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 defenses that can be used to defend Marijuana charges. An experienced litigator or good Chandler Marijuana Lawyer will know which defenses will be most effective in defending your case. The ultimate goal is always 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.

Continue reading "MARIJUANA POSSESSION " »

November 29, 2010

Good AZ DUI lawyers use AZ DUI laws to your advantage to help you get your Phoenix DUI Charges dismissed.

"Here is a sample of 10 defenses your Phoenix DUI Attorney can use to challenge your DUI."

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

(Abridged versions of all his Arizona Criminal and DUI Defense Books can be downloaded free of charge to the public and can be downloaded at absolutely no charge with no obligations at www.arizonacriminaldefenselawyer.com). Here is a sample of 10 defenses your Phoenix DUI Attorney cited in his books that can be used to challenge your Phoenix DUI charges, and suppress the prosecution's evidence to pursue the ultimate goal of case dismissal or in reduction in DUI charges of DUI sentencing:

1. You were not Driving or Actual Physical Control.
The Arizona Prosecutor must prove that you were driving or in actual physical control of a vehicle while impaired. The state may be unable to meet this burden of proof, if there were no witnesses to testify. Most recently, Arizona case law made this factor even more strict when the defendant was found to "Have the Potential to be in actual physical control and was convicted on the basis of potential." However, that does not stop your private practice DUI defense Attorney from challenging the evidence surrounding it to disprove the allegation in your defense.

2. The Police Officer Had No Reasonable Suspicion to Stop.
A police stop is unconstitutional if there was no reasonable suspicion that criminal activity is taking place. So if the officer lacked a valid reason for the traffic stop, any evidence of a Phoenix DUI
resulting from such unlawful stop by the police must be suppressed, and can not be used against you.

3. The Officer Had No Probable Cause to Arrest You.
"Probable cause to arrest" carries a much higher standard of evidence than "reasonable cause to stop".
The officer can't just go and arrest you without probable cause and valid evidence.
The Police must have valid and reliable information which would lead a reasonable person to conclude that the person is drunk driving, criminal activity has been or is being committed, or is driving under the influence of drugs or other toxic substance in addition to or absent alcohol at time of the Phoenix DUI arrest. Otherwise the arrest is unconstitutional and the case must be dismissed.

4. Field Sobriety Tests (FST') were not Improperly Administered
The National Highway Traffic Safety Administration (NHTSA) has established guidelines regarding the administration of the FST. They must be official, credible, reliable, conducted by approved and properly trained personnel, as required by NHTSA. If a violation of any of these requirements or protocols exist for any of the tests results used against you, this evidence can be challenged for suppression by your DUI attorney defending your DUI.

5. You Can Not Be Denied Your Right to Counsel
When a DUI person requests a lawyer, the police must provide you with an opportunity to speak with a lawyer telephonically as soon as is reasonably possible. You have a right to defense counsel is an inherent constitutional right. Absent a viable excuse as to why you were denied this right, an argument can by made by your attorney for suppression of all evidence to the point your right was honored, or a total dismissal of your Phoenix DUI charges, depending on circumstances.

6. Your Miranda Rights Were Not Read to You
The lack of the reading of your Miranda Rights or, timing of when those rights were read to your could lead to suppression of evidence.

7. Breath Test Device results were unreliable, inaccurate, due to user error or machine malfunction
In order for breathalyzer test evidenced to be used against you, proper guidelines and protocol must be followed. Some factors considered are type of device used, preliminary or official breath test results used or compared, maintenance or recent repairs of device, existence of records that the device was in working order, reliability, and even the credentials of the officer administering the test.

8. Retrograde
Put simply, this is a method to compensate for any alcohol consumed shortly before driving that could read higher at the time of the test than at the time of driving. This is due to the fact, that in general most individuals requires between 30 minutes and hours to completely absorb alcohol into their system. This is a challenging defense to use and make an argument for admissibility of evidence. Make sure your Phoenix DUI attorney is experienced and well versed at using this defense.

9. Blood Alcohol Testing (BAC) & Urine Test Issues related to violation of protocol or the issues leading to unreliability of the test results
Results of blood alcohol testing are admissible only if the State can establish the blood was drawn by qualified personnel, proper protocol and scientific analysis used. Your Phoenix DUI Lawyer can also challenge the events surrounding the test administration, proper labeling, storage, transport of evidence and other protocol. .

10. Denial of Independent Test
A person has a due process right to collect independent scientific evidence of their blood alcohol concentration (BAC). The State may not unreasonably interfere with this right. If necessary, addition, your AZ DUI Attorney can even have the specimens retested by an independent lab which may lead to suppression of the evidence depending on issues surrounding lab results.

A word of caution:
It is important to know that many defenses exist that could get your case dismissed. But the Phoenix DUI Prosecution will turn the other way and ignore any evidence or weaknesses in your case if you go unrepresented by a good Phoenix DUI Lawyer. The best Arizona DUI attorneys will over turn every stone to look for flaws or weaknesses in the prosecutions case to challenge, and fight to get your case dismissed, reduced to lesser charges, or the best possible outcome in your case.

Continue reading "Phoenix DUI Lawyer" »

November 27, 2010

How good AZ DUI Attorney Can Challenge Field Sobriety Test (FST) to help get your AZ DUI charges Dismissed

If you are stopped by police for Arizona DUI, generally the police officer will use a set of five-to-six common tests called Field Sobriety Tests (FST). One thing that top Arizona Criminal Defense and DUI attorneys agree on is that so many aspects of the FST can be challenged on behalf of your defense, in an effort to get your case dismissed or charges reduced.

The Arizona FST is a battery of tests that include such motor skill and cognitive testing such as the "heel-to-toe," "finger-to-nose", "one-leg stand", eye test called "horizontal gaze nystagmus" test, alphabet recitation, modified position of attention (Rhomberg), "fingers-to-thumb", "hand pat and others. Note: These are the least reliable source of evidence the prosecution can use against you. Police generally use it as a preliminary
Tool o determine if further breath or blood tests are needed. Then they will later use your performance of these tests against you. They will make it sound like you did poorly on the tests. But in fact, even a person unimpaired by drugs or alcohol may perform these tests to a "poor" standard. That is why they are often challenged.

Below is a sample of Field Sobriety Test 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:

WAS YOU BATTERY OF FST CONDUCTED WITH CLIMATE, ENVORNMENTA OR LANDSCAPING DISADVANTAGES TO YOU?
The roadside could be uneven and covered by debris. The climate conditions could cause inability to perform the tests well. Were you doing the tests a surface on a hill, or a surface that contained mud, rocks, melting tar or oil, ice, snow drifts or other rough or other unsmooth or level surface? NHTSA requires that the Walk and Turn & the One Leg Stand be performed on a smooth, level surface.

THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS:

Did the officer report that you failed or did poorly on the HGN test?
This is the "follow the pen with your eyes test" actually has a very complicated name- the Horizontal Gaze Nystagmus ("HGN") test. This test is allegedly meant to measures the involuntary jerking of the eye when a person is impaired by alcohol. When medical doctors conduct this test they do so in an areas with good lighting, employing medical equipment that holds the patient's head still and clearly lists the angles. The officer, for one test, must determine whether he detects the onset of nystagmus prior to 45%. It is almost impossible without be accurate on the angle. The test can be challenged as invalid under almost all roadside and lighting conditions.

BREATH TEST OPERATOR UNLICENSED

Did the breath test operator possess a valid, unexpired operator's license?
If not, the DUI breath test result is inadmissible.

IMPROPER PRESERVATION OF THE BLOOD SAMPLE
Was your blood sample preserved properly?
The preservation process can be an issue. The blood vials must have been stored properly prior to its use. The blood vials must not be used beyond the expiration date. The blood vials must be preserved in order to provide your defense attorney with the opportunity to test the sample with an independent lab for purposes of objectivity in your defense.

BLOOD KIT
Was the blood kit and contents in the kit, within the expiration date period? Was it properly sealed, packed, inspected, and maintained at the required temperature? When the police take your blood they usually do so using a pre-packed blood kit. However, safekeeping and inspection of the kits must be routinely performed to ensure that tubes have not expired, are sealed properly and are kept in an appropriate place that is not temperature extreme like the trunk of the car in the summer heat of Arizona.

IMPROPER TEST TIMING, PROTOCOL, PRESEVERATON OR TRANPORT OF URINE SAMPLE
Was your urine sample properly tested?
The urine taken for drug testing must also be properly tested according to required testing procedures and protocol, for timing, specimen handling, transport, labeling, and preservation, including the containers for which the urine specimen is stored.

RISING BAC
Was your blood drawn within three hours of consuming your last alcoholic beverage?
It can take up to three hours for alcohol to be absorbed in your blood stream. If the blood draw was outside of the three hour window, the results of the BAC may be challenged as invalid.

These are just a few aspects of items that can be challenged to your favor if you have received Arizona DUI charges. That is why it is important to hire an Arizona DUI attorney who defends cases in the jurisdiction for which you were charged with the AZ DUI, and challenges such issues on a daily basis. It takes experience, special skills, training, knowledge and a great amount of defense litigation experience to challenge these issues in your defense. The ultimate goal of your AZ DUI Attorney is to examine some of these issues to pave the way for flaws in the prosecutions case for total dismissal, or in the alternative reduction of charges, suppression of evidence, and getting the best outcome in your case.

Continue reading "AZ DUI Lawyer | DUI Defenses | Challenging Field Sobriety Tests" »

November 26, 2010

Breaking News Article by: James Novak, Arizona DUI & Criminal Defense Attorney

According to a press release by The United States Drug Enforcement Administration
(DEA), officials, are using their emergency authority to temporarily control using, possessing, or selling any of five main chemicals used to make synthetic Marijuana (fake pot). This move has been made by the DEA as a move to study whether or not to permanently control or ban these substances.

An amendment to the Comprehensive Crime Control Act of 1984 to the Controlled Substances Act, gives the DEA authority to emergency schedule an "abused, harmful, non-medical substance in order to avoid imminent public health crisis while the formal rule-making procedures described in the CSA are being conducted."

The chemicals include JWH-018, JWH-073, JWH-200, CP-47,497, and cannabicyclohexanol. Smokable herbal blends which have, in the past been advertised as being "legal" in the past, which is not the case. Complaints reported indicate that these substances mimic the effects of smoking actual marijuana and its' active ingredient THC. Such plant materials coated with these chemicals and substances have not been approved by the Food and Drug Administration (FDA) as being safe for human consumption, and are not legal. Further, there is no legal governing oversight n the manufacturing process, sales, or distribution. Brands marketed as "incense" intended to hide their real use of fake pot or synthetic marijuana include but are not limited to the popular labels such as "Spice," "K2," "Blaze," and "Red X Dawn".

A "Notice of Intent to Temporarily Control" by the DEA was published in the Federal Register on November 24, 2010, to make the public aware of their action. Within 30 days, DEA will then publish a "Final Rule to Temporarily Control these chemicals for at least 12 months with the possibility of a six-month extension in the Federal Register. They will be designated as Schedule I substances. Schedule I substances are the most restrictive category. This category is designated for unsafe, highly abused substances with no medical usage.

Continue reading "DEA EMERGENCY BAN ON SYNTHETIC MARIJUANA " »

November 26, 2010

Gilbert Criminal Defense | Criminal Rights

Resisting Arrest Charges in Gilbert AZ
Resisting arrest charges often are coupled with other violations at the same time. If you were arrested or face resisting arrest charges in Gilbert AZ, you should consult an experienced criminal defense attorney who defends these types of cases frequently in Gilbert Arizona to discuss your charges and defense options.

Resisting Arrest Charges in Gilbert is a blanket over a wide range of violations from running away, using a weapon against a police officer, resisting to be handcuffed, turning and walking away, refusing detention, and a multitude of actions. Further if your actions caused the Officer to get harmed in any manner either accidently or purposefully, you could be facing felony charges.

Arizona Laws - Resisting Arrest
Gilbert Resisting Arrest charges are governed by Arizona Law A.R.S. 13-2508. The main elements of Arizona resisting arrest are:

• A peace officer acting in an official capacity sought to arrest
• You knew or had reason to know the person was a peace officer.
• You intentionally prevented or attempted to prevent the peace Officer form making that arrest.
• You used or threatened to use physical force or any other substantial risk of physical injury against the peace Officer of another.
• It makes no difference if the attempted arrest was legally justified or not.

A.R.S. 13-2508. Resisting arrest reads in part as follows:
"A. A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace Officer, acting under color of such peace Officer's official authority, from effecting an arrest by:

1. Using or threatening to use physical force against the peace Officer or another; or

2. Using any other means creating a substantial risk of causing physical injury to the peace Officer or another.

B. Resisting arrest is a class 6 felony."

Resisting Arrest Penalties
The Gilbert AZ prosecution takes a firm stance on these matters because it involves a police or peace officer performing their official duties. Such charges allege that you were interfering with those duties. If you are convicted of the criminal charge of Resisting Arrest in Gilbert you will have a felony conviction resulting in a felony criminal record. The sentencing can be harsh, and include jail or prison time, fines, fees, probation, counseling and whatever else the court deems necessary.

Criminal Defense Lawyer for Resisting Arrest Charges in Gilbert
You will need a strong defense, and a criminal defense Attorney in Gilbert who will present compelling arguments regarding your case and side of the story. Make sure they defends cases in Gilbert such as these on a regular basis, and can give you proper legal representation through the criminal justice system. You will need to consult someone who understands what defense strategies will be effective given a particular set of circumstances, and how to build and mount a powerful defense strategy on your behalf. A good Gilbert criminal defense lawyer will gather evidence, interview or depose witnesses and the police, look for weaknesses and flaws in the prosecution's witness statements or evidence, determine if there were any violations of your constitutional rights, and build a strong defense case in an effort to get you the best outcome to avoid a felony conviction.

Continue reading "How Good Criminal Lawyers Defend Resisting Arrest Charges in Gilbert AZ" »

November 25, 2010

Criminal Justice Article by: James Novak, Chandler DUI & Criminal Defense Attorney

All criminal courts in Arizona have standards of etiquette one must follow when attending. Below are the standards adopted by Chandler City Court known as the Chandler Municipal Court:

1) All weapons, food, drink, and gum are prohibited in the Court building.

2) Sit quietly when Court is in session. Talking and whispering to others in the courtroom is prohibited. Background noise can disturb the court reporter, document and those involved in proceedings.

3) All cell phones, and mobile devices must be turned off in the courtroom.

4) Refrain from shuffling of newspapers, books or text messaging, all of which can be distracting to others.

5) When addressing the Judge, or Hearing Officer, stand a few feet back from the bench. Do not lean on the Judge's or Hearing Officer's bench. Always address the Judge as "your honor". For example "yes, your honor" or "no, your honor".

6) Dress Code: While you will see many attorneys in formal attire or suits, others to do need to dress formal. However, clothing mist be clean, neat and in good repair. Shoes and shirts must be worn. Refrain from wearing clothing which has offensive slogans or disrespectful pictures on them. All hats and caps must be removed before entering the court building.

7) Avoid bringing small children or infants into the Court room. If you must, you will need to make sure they are in good behavior and do not cause disruption. If they do become noisy or disruptive, the parents and the children may be asked to leave the courtroom.

If you are unsure about a particular item or etiquette it is best to call in advance to avoid delays in the proceedings for which you plan or are required to attend. Below is

Chandler City Court Address and Phone number:
Chandler Municipal Court
200 East Chicago Street
Chandler, AZ 85225
Phone: 480-782-4700

Continue reading "7 - CHANDLER COURT STANDARDS" »

November 25, 2010

Mesa Criminal Defense | Criminal Rights

Resisting Arrest Charges Mesa AZ
Resisting arrest charges often are coupled with other violations at the same time. If you were arrested or face resisting arrest charges in Mesa AZ, you should consult an experienced criminal defense attorney who defends these types of cases frequently in Mesa Arizona to discuss your charges and defense options.

Resisting Arrest Charges in Mesa is a blanket over a wide range of violations from running away, using a weapon against a police officer, resisting to be handcuffed, turning and walking away, refusing detention, and a multitude of actions. Further if your actions caused the Officer to get harmed in any manner either accidently or purposefully, you could be facing felony charges.

Arizona Laws - Resisting Arrest
Mesa Resisting Arrest charges are governed by Arizona Law A.R.S. 13-2508. The main elements of Arizona resisting arrest are:

• A peace officer acting in an official capacity sought to arrest
• You knew or had reason to know the person was a peace officer.
• You intentionally prevented or attempted to prevent the peace Officer form making that arrest.
• You used or threatened to use physical force or any other substantial risk of physical injury against the peace Officer of another.
• It makes no difference if the attempted arrest was legally justified or not.

A.R.S. 13-2508. Resisting arrest reads in part as follows:
"A. A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace Officer, acting under color of such peace Officer's official authority, from effecting an arrest by:

1. Using or threatening to use physical force against the peace Officer or another; or

2. Using any other means creating a substantial risk of causing physical injury to the peace Officer or another.

B. Resisting arrest is a class 6 felony."

Resisting Arrest Penalties
The Mesa AZ prosecution is intolerant of these matters because they involve a police or peace officer performing their official duties. Such charges allege that you were interfering with those duties. If you are convicted of the criminal charge of Resisting Arrest in Mesa you will have a felony conviction resulting in a felony criminal record. The sentencing can be harsh, and include jail or prison time, fines, fees, probation, counseling and whatever else the court deems necessary.

Criminal Defense Lawyer for Resisting Arrest Charges in Mesa
You will need a strong defense, and a criminal defense Attorney in Mesa who will present compelling arguments regarding your case and side of the story. Make sure they defend cases in Mesa such as these on a regular basis, and can give you proper legal representation through the criminal justice system. You will need to consult someone who understands what defense strategies will be effective given a particular set of circumstances, and how to build and mount a powerful defense strategy on your behalf. A good Mesa criminal defense lawyer will gather evidence, interview or depose witnesses and the police, look for weaknesses and flaws in the prosecution's witness statements or evidence, determine if there were any violations of your constitutional rights, and build a strong defense case in an effort to get you the best outcome to avoid a felony conviction.

Continue reading "How Top Criminal Attorneys Defend Resisting Arrest Charges in Mesa AZ" »

November 24, 2010

Gilbert Criminal Defense Attorney Weapon Charges

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

Weapon Charges in Gilbert AZ
Gilbert AZ weapons charges including Gun charges are commonly paired with other criminal offenses that occurred involving the weapon or gun. Weapon charges and gun charges can be very serious. If you were arrested or face any type of weapon or firearm charges in Gilbert AZ you should consult an experienced AZ Criminal Defense attorney who defends weapons charges frequently in Gilbert AZ court through the criminal justices system. A Gilbert 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 Gilbert 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

Gilbert 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 and Gun Charges Defense Gilbert AZ
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 Gilbert AZ criminal defense, weapon's charge defense attorney or attorney who defends weapon charges often in Gilbert criminal justice system and Gilbert courts, frequently, if you have been charged or arrested for any weapon charge. A qualified Gilbert 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 Gilbert 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.
The defense of a Arizona good criminal attorney who defends weapons charges frequently in Gilbert Criminal Justice System will greatly increase your chances of a getting a good outcome in your case.

Continue reading "Weapon Charges | Gun Charges Gilbert AZ" »

November 23, 2010

Drug Sales Laws | Drug Sales Attorney Scottsdale

A good criminal defense attorney who defends drug charges frequently, know how to challenge the evidence, utilize defenses, and protect your constitutional rights. The best Scottsdale drug defense lawyers will make every effort to get your charges dismissed, reduced, or an otherwise better out come than you would have received without good drug sale legal representation and drug sales defense.

If you have been arrested in Scottsdale AZ for drug sales charges you will need to consult drug sales attorney or Arizona criminal attorney regarding defending your drug sales charges as soon as possible. Drug sales are usually charged as felonies in Scottsdale and are considered very serious offenses in Scottsdale AZ. But a good criminal defense or drug sales lawyer in Arizona can challenge your drug sales charges. You have a constitutional right to a defense. Retaining a good drug sales attorney or criminal defense attorney in Scottsdale Arizona who defends drug charges in the Scottsdale criminal justice system frequently, will increase your chances of getting a good outcome in your case; early retention of a criminal attorney in Scottsdale AZ is the key to a successful outcome in defense of your drug sales charges. This includes getting felony drug charges dismissed reduced, or an otherwise better out come than you would have received without good drug sale legal representation and drug sales defense.

Drug Sale Charges Scottsdale | Drug Sale Penalties
Drug sales are usually charged as felonies in Arizona. If convicted of your drug sales charges you will likely face mandatory prison sentences exorbitant financial fines, fees, and penalties. These sentences increase depending on the classification of the drug sold, the quantity of drugs involved in the sale and other factors listed below. Criminal charges for drug sales in Scottsdale, AZ, will be subject to the laws and penalties of the State of Arizona.

The drug definitions, classifications and penalties can be found under A.R.S. Title 13 Chapter 34: DRUG OFFENSES 13-3401 to 13-3461

Below are some main factors the police, will consider in determining the severity of your charges for which they will make an arrest. These factors are also considered in the criminal justice system by the judge, prosecution and Arizona Court for which they base sentencing and penalties for drug sale convictions for Scottsdale AZ felony drug charges. This list is not all inclusive:

• Quantity of the drugs or substance sold or intended for sale;
• Classification or type of the drug being sold or intended to be sold;
• You past criminal record;
• Repeat or first time drug charges offense;
• Strength of the Arizona prosecution's case;
• Possession or use of a dangerous weapon surrounding the incident;
• Drugs sold or attempted be sold to a minor;
• Location of drug sale or intent to sell (such as a schools or drug sales operations and transactions where children reside).
• Drug sales charges were in conjunction with other criminal offenses at the same time such as manufacturing or cultivation;
• Other aggravating factors not listed

Drug Sales Defense | Drug Sales Lawyer Scottsdale, AZ
There are many defenses that can be used by an experienced drug defense lawyer or criminal defense attorney in Arizona who defend Arizona drug charges for sale and distribution frequently. Top Scottsdale Defense Attorneys will work hard to find out how to get drug charges dismissed. Most all good Felony drug defense attorneys in Scottsdale AZ agree that early retention of a good criminal defense attorney, or experienced drug sales defense lawyer makes a significant different in the outcome of Scottsdale your drug sales charges.

The best Arizona criminal defense lawyers and drug defense attorneys also agree it is unwise to go without good Arizona Felony Drug Defense Legal Representation. If you are charged with Arizona drug sales offense, you should consult an experienced Scottsdale Criminal Attorney for a consultation regarding your matter. The fastest way to get a conviction and harshest sentencing is to go through the criminal justice system unrepresented by a good Scottsdale criminal defense or Drug defense Attorney.

Some of the best Attorneys in Arizona provide free consultations. You can easily find an Attorney who defends drug sales charges in Scottsdale that will provide you with a free and confidential consultation. If you are in custody, at the time of your call, be sure you let the Arizona Criminal Defense lawyer know this when you are speaking with them, so your rights can be protected during the phone consultation.

Continue reading "FELONY DRUG LAWYER SCOTTSDALE " »

November 22, 2010

Drug Charges and Penalties Scottsdale, AZ

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

Scottsdale AZ Drug Possession Laws are strict and the Criminal Justice System can be a complicated maze of procedures and protocol. If you were arrested for drug possession charges in Scottsdale AZ you will need to consult a criminal defense attorney or drug defense attorney who frequently defends drug charges in Scottsdale Court. Most Top drug possession defense lawyers in Scottsdale AZ provide free consultations if you are currently facing drug charges or have been arrested for drug possession in Scottsdale, AZ. A good Scottsdale 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 Scottsdale Arizona.

If your drug arrest or drug charges were in Scottsdale 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".

Scottsdale, 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 Scottsdale, Arizona
The severity of your drug possession charge depends a heavily on the amount or quantity found in your possession. The police use this as a gauge to determine if your Scottsdale drug charges will be for possession for personal use, or elevated to possession with intent to sell, drug sales, drug trafficking, drug distribute drugs or more serious charges. Drug 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 Scottsdale, AZ.

Drug Penalties for Drug Possession in Scottsdale, AZ
Many defendants, who face Scottsdale 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 (This list is not all inclusive):

1) Quantity of the drug alleged to be found in your possession;
2) Type or class of drug;
3) Purpose of the drug (personal use or sales);
4) Repeat offense v. first offender;
5) Criminal Record;
6) Additional drug or criminal charges involved with the arrest;
7) Other aggravating factors surrounding the arrest;
8) 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 will need to consult and hire the best Arizona drug defense attorney you can. They should possess a vast amount of litigation and experience in Scottsdale drug defense; be highly skilled, educated and capable of building a solid defense against your drug charges; possess the ability to make compelling arguments on your behalf; one who is assertive and proactive and not afraid to challenge evidence and the prosecution's case; be extremely familiar with the Criminal Justice System; and someone who will use every possible defense in your favor; someone you have a comfort level with and an open line of communication, and a criminal defense attorney will to fight relentlessly with the goal of securing a dismissal, reduced charges, or negotiate an agreement for your entrance into the diversion program in place of incarceration or other sentence, or other favorable outcome in your case.

Continue reading "Drug Possession Attorney | Drug Possession " »

November 21, 2010

CRIMINAL ATTORNEYS GILBERT, AZ

"Retaining an experienced Gilbert AZ theft defense Attorney or criminal lawyer who defends theft charges in Gilbert frequently can mean the difference between getting an Arizona theft crime conviction with harsh punishments or sentencing, or getting leniency, reduced charges or a getting a complete dismissal of your theft charges".

Theft Charges
Theft charges can be a serious, and the consequences devastating depending on the facts surrounding your criminal charges in Gilbert, Arizona. The Gilbert police and prosecution pursue convictions relentlessly for theft charges. If you have been charged or arrested for theft charges of any kind in Gilbert, AZ, you should consult a qualified Gilbert theft Attorney or criminal defense attorney who defends theft charges frequently in Gilbert Court. .

Gilbert Theft Crimes
Below is a list of different types of theft crime offenses. This list is not all inclusive:

• Misdemeanor theft
• Felony theft
• Auto theft or Grand Auto theft
• Grand theft
• Embezzlement
• Burglary
• Robbery
• Armed Robbery
• Carjacking
• Credit card theft
• Identity theft
• Fraud
• Forgery
• Larceny
• Cyber theft and virtual cyber theft

Theft Laws Gilbert Arizona
Whether your theft arrest or theft charges were in Gilbert, Phoenix, Chandler, Mesa, Scottsdale, Tempe or any other city in Arizona, theft charges definitions, classifications, and penalties are governed by the authority of Arizona Law Chapter 18, Title 13 of the Arizona Revised Statutes, specifically A.R.S. 13-1801 through 13-1819.

Gilbert AZ Theft Penalties - Factors Gilbert Court Considers in Sentencing
The Gilbert Court and Prosecution will look at many factors when considering what sentencing should be for a theft crime conviction. The range of sentencing for an Arizona theft crime can be severe and include probation, fines, restitution, community service, counseling, jail and prison and other penalties. Penalties for conviction of theft charges in Arizona depend largely on the following:

• Value of the property that was stolen;
• Misdemeanor or Felony;
• Petty Theft or Grand Theft
• Type of property;
• Number of items taken;
• Manner in which it was taken;
• Whether or not a weapon used;
• Imminent danger, assault or homicide involved;
• The criminal history of the defendant;

Theft Attorneys Gilbert
The Gilbert AZ prosecution's role in the criminal justice system is to get convictions. As polite as they may be, they are not there to help you defend your theft charges or make your life easier. Their obligations are to the State of Arizona and the Gilbert Court to make sure you are convicted and punished for the offense you were charged or arrested or standing trial for. A qualified Gilbert theft defense attorney in Arizona or experienced Gilbert criminal attorney will gather and examine all evidence available determine what if any evidence can be suppressed and not used against you; determine if your constitutional rights were protected and not violated; make sure police procedure and protocol were followed; interview or depose witnesses if appropriate; determine a defense strategy; build a solid and effective defense on your behalf; and/or otherwise determine the best course of action to avoid a conviction and get the otherwise best outcome in your theft case.

Retaining an experienced Gilbert AZ theft Attorney or criminal attorney Gilbert, AZ who defends theft charges in Gilbert frequently can mean the difference between getting an Arizona theft crime conviction with harsh punishments or sentencing, or getting leniency, reduced charges or a getting a complete dismissal of your Gilbert theft charges.

Continue reading "ARIZONA THEFT LAWS | CRIMINAL DEFENSE " »

November 20, 2010

Scottsdale Criminal Defense | Criminal Rights

A good Scottsdale criminal defense lawyer will gather evidence, interview or depose witnesses and the police, look for weaknesses and flaws in the prosecution's case their witness statements or evidence, determine if there were any violations of your constitutional rights occurred, and build a strong defense case in an effort to get you the best outcome and avoid a felony conviction.

Resisting Arrest Charges in Scottsdale AZ
Resisting arrest charges often are coupled with other violations for which you were initially being detained. If you were arrested or face resisting arrest charges in Scottsdale AZ, you should consult an experienced criminal defense attorney who defends these types of cases frequently in Scottsdale Arizona.

Resisting Arrest Charges in Scottsdale is a blanket over a wide range of violations from running away, using a weapon against a police officer, resisting to be handcuffed, turning and walking away, refusing detention, and a multitude of actions. Further if your actions caused the Officer to get harmed in any manner either accidently or purposefully, you could be facing felony charges.

Arizona Laws - Resisting Arrest
Scottsdale Resisting Arrest charges are governed by Arizona Law A.R.S. 13-2508. The main elements of Arizona resisting arrest are:

• A peace officer acting in an official capacity sought to arrest
• You knew or had reason to know the person was a peace officer.
• You intentionally prevented or attempted to prevent the peace Officer form making that arrest.
• You used or threatened to use physical force or any other substantial risk of physical injury against the peace Officer of another.
• It makes no difference if the attempted arrest was legally justified or not.

A.R.S. 13-2508. Resisting arrest reads in part as follows:
"A. A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace Officer, acting under color of such peace Officer's official authority, from effecting an arrest by:

1. Using or threatening to use physical force against the peace Officer or another; or

2. Using any other means creating a substantial risk of causing physical injury to the peace Officer or another.

B. Resisting arrest is a class 6 felony."

Resisting Arrest Penalties
The Scottsdale AZ prosecution takes a firm stance on these matters because it involves a police or peace officer performing their official duties. Such charges allege that you were interfering with those duties. If you are convicted of the criminal charge of Resisting Arrest in Scottsdale you will have a felony conviction resulting in a felony criminal record. The sentencing can be harsh, and include jail or prison time, fines, fees, probation, counseling and whatever else the court deems necessary.

Criminal Defense Lawyer for Resisting Arrest Charges in Scottsdale
You will need a strong Scottsdale criminal defense lawyer who can present compelling arguments regarding your side of the story. You will need a good criminal attorney who defends these types of cases in Scottsdale on a regular basis and can give you proper legal representation through the criminal justice system. You will need to consult someone who understands what defense strategies will be effective given a particular set of circumstances, and how to build and mount a powerful defense strategy on your behalf. A good Scottsdale criminal defense lawyer will gather evidence, interview or depose witnesses and the police, look for weaknesses and flaws in the prosecution's witness statements or evidence, determine if there were any violations of your constitutional rights, and build a strong defense case in an effort to get you the best outcome to avoid a felony conviction.

Continue reading "How Good Criminal Lawyers Defend Resisting Arrest Charges in Scottsdale" »

November 19, 2010

Drug Sales Laws | Drug Sales Attorney Chandler

Good criminal defense lawyers, who defend drug charges frequently in Chandler AZ, know how to challenge the evidence, utilize defenses, protect your constitutional rights and get the best possible outcome in your drug sales charges.

If you have been arrested in Chandler AZ for drug sales charges you will need to consult a drug sales attorney or Arizona criminal attorney regarding defending your drug sales charges as soon as possible. Drug sales are usually considered felonies in Chandler and are very serious offenses in Chandler AZ. But a good criminal defense or drug sales lawyer in Arizona can challenge your drug sales charges. You have a constitutional right to a defense. Retaining a good drug sales attorney or criminal defense attorney in Chandler Arizona who defends drug charges in the Chandler criminal justice system frequently, will increase your chances of getting a good outcome in your case; early retention of a criminal attorney in Chandler AZ is the key to a successful outcome in defense of your drug sales charges. This includes getting felony drug charges dismissed reduced, or an otherwise better out come than you would have received without good drug sale legal representation and drug sales defense.

Drug Sale Charges Chandler | Drug Sale Penalties
Drug sales are usually charged as felonies in Arizona. If convicted of your drug sales charges you will likely face mandatory prison sentences exorbitant financial fines, fees, and penalties. These sentences increase depending on the classification of the drug sold, the quantity of drugs involved in the sale and other factors listed below. Drug sales laws in Chandler, AZ are governed by the criminal codes and drug laws the State of Arizona.

The drug definitions, classifications and penalties can be found under A.R.S. Title 13 Chapter 34: DRUG OFFENSES 13-3401 to 13-3461

Below are some main factors the police, will consider in determining the severity of your charges for which they will make an arrest. These factors are also considered in the criminal justice system by the judge, prosecution and Arizona Court for which they base sentencing and penalties for drug sale convictions for Chandler AZ felony drug charges. This list is not all inclusive:

• Quantity of the drugs or substance sold or intended for sale;
• Classification or type of the drug being sold or intended to be sold;
• You past criminal record;
• Repeat or first time drug charges offense;
• Strength of the Arizona prosecution's case;
• Possession or use of a dangerous weapon surrounding the incident;
• Drugs sold or attempted be sold to a minor;
• Location of drug sale or intent to sell (such as a schools or drug sales operations and transactions where children reside).
• Drug sales charges were in conjunction with other criminal offenses at the same time such as manufacturing or cultivation;
• Other aggravating factors not listed

Drug Sales Defense | Drug Sales Lawyer Chandler, AZ
There are many defenses that can be used by an experienced drug defense lawyer or criminal defense attorney in Arizona who defend Arizona drug charges for sale and distribution frequently. Top Chandler Defense Attorneys will work hard to find out how to get drug charges dismissed. Most all good Felony drug defense attorneys in Chandler AZ agree that early retention of a good criminal defense attorney, or experienced drug sales defense lawyer makes a significant different in the outcome of

Chandler your drug sales charges.
The best Arizona criminal defense lawyers and drug defense attorneys also agree it is unwise to go without good Arizona Felony Drug Defense Legal Representation. If you are charged with Arizona drug sales offense, you should consult an experienced Chandler Criminal Attorney for a consultation regarding your matter. The fastest way to get a conviction and harshest sentencing is to go through the criminal justice system unrepresented by a good Chandler criminal defense or Drug defense Attorney.

Some of the best Attorneys in Arizona provide free consultations. You can easily find an Attorney who defends drug sales charges in Chandler that will provide you with a free and confidential consultation. If you are in custody, at the time of your call, be sure you let the Arizona Criminal Defense lawyer know this when you are speaking with them, so your rights can be protected during the phone consultation.

Continue reading "CHANDLER FELONY DRUG LAWYER " »

November 18, 2010

Phoenix Criminal Attorneys

Unlawful Discharge of Firearm Charges Phoenix AZ
Violations of this law, if convicted are harsh. If you have been charged or arrested for discharging a firearm unlawfully within any city limits in Arizona then you should consult with an Arizona criminal attorney who has the experience in defending these types of criminal charges. Arizona aggressively prosecutes most all weapons charges and penalties are especially severe for firing a gun unlawfully.

The Phoenix police are well known for their ability to find and arrest those who discharge a firearm within city limits. Some cities including Phoenix AZ use special equipment designed to alert them to the location from which a shot was fired. Random discharge of firearms occurs often during holidays, or other celebrations. The laws surrounding this charge can be found in A.R.S. 13 -3107. This law is often referred to as "Shannon's Law" named after an Arizona girl who was shot and killed in 1999 by a randomly fired gun.

Arizona Laws: Unlawful Discharge of a Firearm
The laws surrounding this charge can be found in A.R.S. 13 -3107:
A.R.S. 13-3107. Unlawful discharge of firearms is simply the firing of a weapon in city limits without justification. It is also illegal to fire your weapon during a holiday such as New Years Eve celebration. This if an Arizona felony criminal charge. A.R.S. 13-3107
Reads in part as follows:

A. A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a class 6 felony.

B. Notwithstanding the fact that the offense involves the discharge of a deadly weapon, unless a dangerous offense is alleged and proven pursuant to section 13-704, subsection L, section 13-604 applies to this offense.

C. This section does not apply if the firearm is discharged:

1. As allowed pursuant to chapter 4 of this title.
2. On a properly supervised range.
3. In an area recommended as a hunting area by the Arizona game and fish department, approved and posted as required by the chief of police, but any such area may be closed when deemed unsafe by the chief of police or the director of the Arizona game and fish department.
4. For the control of nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service.
5. By special permit of the chief of police of the municipality.
6. As required by an animal control officer in the performance of duties as specified in section 9-499.04.
7. Using blanks.
8. More than one mile from any occupied structure as defined in section 13-3101.
9. In self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person.

D. For the purposes of this section:
1. "Municipality" means any city or town and includes any property that is fully enclosed within the city or town.
2. "Properly supervised range" means a range that is any of the following:
(a) Operated by a club affiliated with the national rifle association of America, the amateur trapshooting association, the national skeet association or any other nationally recognized shooting organization, or by any public or private school.
(b) Approved by any agency of the federal government, this state or a county or city within which the range is located.
(c) Operated with adult supervision for shooting air or carbon dioxide gas operated guns, or for shooting in underground ranges on private or public property."

Arizona Criminal Penalties for Unlawful Discharge of a Firearm
Penalties in Arizona for Unlawful Discharge of a Firearm will expose you to incarceration in the Arizona Department of Corrections (prison) or up-to 12 months jail. Additional criminal penalties may include but are not limited to supervised felony probation and fines and other penalties. Due to the severe punishments you potentially face if convicted of this charge, it is important that you retain an experienced criminal defense attorney who frequently defends these types of criminal charges in Phoenix and Maricopa County frequently.

Phoenix Criminal Defense Lawyer for Unlawful Discharge of a Firearm Charges
You will need a strong criminal defense to help defend your Unlawful Discharge of a Firearm charges through the Criminal Justice System. A good criminal attorney will examine all the evidence, interview or depose witnesses or police, and determine what the most effective defense strategy will be needed to mount a successful defense on your behalf. The retention of an experienced Phoenix criminal attorney will substantially increase your chance of getting you the best possible outcome in your case. Early retention of a good Phoenix criminal lawyer, for Unlawful Discharge of Firearm Charges is one of the keys to enable your criminal defense attorney to mounting an effective defense on your behalf.

Continue reading "Unlawful Discharge of Firearm | Criminal Defense Phoenix AZ " »

November 17, 2010

CHANDLER CRIMINAL DEFENSE ATTORNEYS
"Retaining a good Chandler AZ theft defense Attorney or criminal lawyer who defends theft charges in Chandler frequently can mean the difference between getting an Arizona theft crime conviction with harsh punishments or sentencing, or getting leniency, reduced charges or a getting a complete dismissal of your theft charges".

Chandler Theft Charges
Theft charges can be a serious, and the consequences devastating depending on the facts surrounding your criminal charges in Chandler, AZ. The Chandler police and prosecution pursue convictions relentlessly for theft charges. If you have been charged or arrested for theft charges of any kind in Chandler, you should consult a qualified Chandler theft Attorney or criminal defense attorney who defends theft charges frequently in Chandler Court. .

Theft Charges Chandler AZ
Below is a list of different types of theft crime offenses. This list is not all inclusive:
• Misdemeanor theft
• Felony theft
• Auto theft or Grand Auto theft
• Grand theft
• Embezzlement
• Burglary
• Robbery
• Armed Robbery
• Carjacking
• Credit card theft
• Identity theft
• Fraud
• Forgery
• Larceny
• Cyber theft and virtual cyber theft

Chandler Theft Laws
Whether your theft arrest or theft charges were in Chandler, Phoenix, Mesa, Gilbert, Tempe, Scottsdale or any other city in Arizona, theft charges definitions, classifications, and penalties are governed by the authority of Arizona Law Chapter 18, Title 13 of the Arizona Revised Statutes, specifically A.R.S. 13-1801 through 13-1819.

Chandler AZ Theft Penalties - Factors Chandler Court Considered for Sentencing
The Chandler Court and Prosecution will look at many factors when considering what sentencing should be for a theft crime conviction. The range of sentencing for an Arizona theft crime can be severe and include probation, fines, restitution, community service, counseling, jail and prison and other penalties. Penalties for conviction of theft charges in Arizona depend largely on the following:
• Value of the property that was stolen;
• Misdemeanor or Felony;
• Petty Theft or Grand Theft
• Type of property;
• Number of items taken;
• Manner in which it was taken;
• Whether or not a weapon used;
• Imminent danger, assault or homicide involved;
• The criminal history of the defendant;

Chandler Theft Attorneys
The Chandler AZ prosecution wants theft convictions. They are not there to help you defend your charges or make your life easier. Their role in the criminal justice system and Chandler Court is to convict you and make sure you are punished for the theft offense for which you were allegedly charged or arrested. A qualified Chandler theft attorney in Arizona or experienced Chandler criminal attorney will gather and examine all evidence available, determine strength or weaknesses in the prosecutions case, interview or depose witnesses if appropriate, determine and build a solid and effective defense on your behalf and or otherwise determine the best course of action to avoid a conviction or get the otherwise best outcome in your theft case.

Retaining a good Chandler AZ theft defense Attorney or criminal attorney who defends theft charges in Chandler frequently can mean the difference between getting an Arizona theft crime conviction with harsh punishments or sentencing, or getting leniency, reduced charges or a getting a complete dismissal of your Chandler theft charges.

For more Arizona criminal defense help, DUI defense help, free DUI defense books, and free Criminal defense videos and defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit WWW.arizonacriminaldefenselawyer.com.

If you have been charged or arrested for any kind of felony charges in Arizona, or misdemeanor including 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, misconduct, domestic violence, probation violations, robbery, burglary, burglary, grand theft, grand larceny, ID theft, Identity Theft, Cyber theft, assault, weapon charges, disorderly conduct with a weapon, harassment, violation of a protective order, manslaughter, kidnapping, aggravated domestic violence, unlawful discharge of a gun, endangerment with a weapon, other firearm and gun charges, computer crimes, sex crimes, cyber crimes, child pornography possession or distribution, 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 proudly serves Tempe AZ, Gilbert, AZ, Mesa AZ, Phoenix, AZ, Chandler AZ, Scottsdale AZ, and surrounding cites valley-wide in Maricopa County.

Continue reading "CHANDLER THEFT LAWS | CRIMINAL DEFENSE" »

November 16, 2010

Article by: James Novak, Maricopa County DUI & Criminal Defense Attorney

1) You may find the Maricopa Prosecutor very professional and polite. But if you were arrested or charged with a crime, remember, their job is to convict you. That is what they get paid to do.

2) If you choose to defend yourself without a proper Arizona Legal defense, private practice DUI lawyer, or criminal defense attorney, you make the prosecutor's job easier. To go unrepresented, is the fast way to an almost certain outcome- conviction of the charges.

3) The Prosecutor will not point out weaknesses or flaws in the State's case against you. Only a good Arizona DUI or criminal Attorney will comb through the evidence to look
For violations of your constitutional rights, or other flaws or circumstances that would weaken the prosecutions case against you.

4) You may be completely not-guilty of the charges for which you were arrested or on trial, but the prosecution will not "tell your story" or produce any evidence that will help prove your innocence. That is not their job.

5) The Police and prosecution work closely together to get a conviction against you. Even if you are politely approached by either, and asked to provide a little more information regarding your charges...don't do it! By answering without proper legal counsel, you may incriminate yourself and help the prosecution build a case against you. You have a constitutional right to remain silent and to defense counsel. Use it! Politely state that you wish to speak with your DUI or criminal defense attorney before answering any questions.

6) A Judge can not intervene until a motion is filed or your sign a plea agreement or take the matter to trial. The Judge does not have authority to dismiss the case until a proper Legal defense challenge is made on your behalf by your Arizona Defense Attorney, or the jury returns a Not-Guilty Verdict on all charges. The chances of getting an acquittal or not-guilty verdict without a good Arizona Criminal Defense or DUI Attorney are slim to none.

7) If you are told by a Prosecutor that your criminal or DUI matter is "simple" and penalties are "no big deal" or that "you really do not need to hire an attorney" - that is rarely if ever true. The Maricopa County and Arizona Criminal Justice system is complicated. It is a maze of laws, protocol, time-lines, details, paperwork, procedures, and constantly changing legislation. The people and odds are against you, without a strong criminal defense or DUI defense lawyer defending you. Arizona has some of the toughest laws and penalties in the country for criminal and DUI charges. When it comes to your future and freedom, and facing Arizona charges, to the contrary, a criminal or DUI charge is a very serious matter and the consequences of a conviction can be negatively life altering.

Continue reading "7 SECRETS THE MARICIOPA COUNTY PROSECUTER DOESN'T WANT YOU TO KNOW!" »

November 15, 2010

News Article by: James Novak, Arizona DUI & Criminal Defense Attorney

You have heard by now that after the last vote was counted Arizona voters said "yes" to Prop 203, The Arizona Medical Marijuana Act, joining 14 other states in the USA. The measure approves legalizing medical marijuana (pot, weed, cannabis). Here's brief summation of the answer to the question on everyone's mind is "What's next?" regarding certification of the votes; when the law takes effect; how it will be implemented; who will be eligible to obtain it; how it is dispensed; where it can be purchased. Below is what has been reported by several local Arizona News Agencies:

1) Certification of the Votes - The votes will be canvassed (certified for authenticity) by
November 29, 2010.

2) The Arizona Department of Health Services has 120 days, or April 29, 2011 from that day to finalize all rules for implementation.

3) Then the Arizona Department of Health Services is expected to begin reviewing dispensary information as well as qualification of patient applications by April 2011.

4) To apply and qualify, patients must get a recommendation from their licensed physician and register with the Arizona Department of Health Services. The State Health Department will issue certified ID cards to those who qualify to purchase the medical marijuana.

5)The measure allows patients with serious or terminal medical conditions or diseases, including, but not limited to those suffering from cancer, HIV/AIDS, Hepatitis C, and other chronic, debilitating, or disabling diseases such as glaucoma, and Alzheimer's Disease that meet approved guidelines. This means Patients who gain certification to use medical marijuana will not be arrested or prosecuted for legally obtaining and using it.

6) The measure allows those qualified to purchase 2 1/2 ounces of marijuana every two weeks. Or if they live at least 25 miles from a legal dispensary they can grow a legal amount cultivate up to 12 plants if they live 25 miles or more from a legal dispensary
the marijuana plants for their personal use.

7) The law allows a maximum of 124 dispensaries operated by non-profit organization when the law takes effect to begin with, which is proportionate to the number of pharmacies within the state.

Websites and other resources will be made available in the near future by government nonprofit and private agencies which will provide further information about Dispensaries for which the Marijuana can be purchased in the near future.

Also, users should be aware that Marijuana has not been approved by the Food and Drug Administration (FDA) for medical use. Therefore the risks of the decision to use the medical marijuana and to prescribe will be a matter between the qualified user and their physicians.

Continue reading "Arizona Medical Marijuana Prop 203 Passes - Answers to What Now? " »

November 15, 2010

News Article By: James Novak, Arizona Criminal Defense and DUI Lawyer

Once Arizona vote counting is completed, a race is not always over. Arizona has laws that trigger an automatic recount. These situations are outlined specifically in A.R.S. 16-661 section 4. The law reads as follows:

"A.R.S. 16-661. Automatic recount; requirements; exemption

A. A recount of the vote is required when the canvass of returns in a primary or general election shows that the margin between the two candidates receiving the greatest number of votes for a particular office, or between the number of votes cast for and against initiated or referred measures or proposals to amend the Constitution of Arizona, is less than or equal to the lesser of the following:

1. One-tenth of one per cent of the number of votes cast for both such candidates or upon such measures or proposals.

2. Two hundred votes in the case of an office to be filled by state electors and for which the total number of votes cast is more than twenty-five thousand.

3. Fifty votes in the case of an office to be filled by state electors and for which the total number of votes cast is twenty-five thousand or less.

4. Two hundred votes in the case of an initiated or referred measure or proposal to amend the constitution.

5. Fifty votes in the case of a member of the legislature.

6. Ten votes in the case of an office to be filled by the electors of a city or town or a county or subdivision of a city, town or county.

B. Subsection A does not apply to elections for precinct committeemen, school district governing boards, community college district governing boards, fire district boards or fire district chiefs or secretary-treasurers or boards of other special districts.
Put simply, when the race is called (the initial counts completed by whatever deadline Arizona officials decide to use) and only 200 votes come between the winner and the loser, it will trigger an automatic recount. "


Continue reading "Arizona Laws - Voting Laws - What Triggers an Automatic Recount? " »

November 14, 2010

By: James Novak, Phoenix DUI & Criminal Defense Lawyer
What is a Phoenix Grand Jury Indictment?

Phoenix Felony criminal charges require a finding of probable cause. In some cases, probable cause is found by a grand jury. A grand jury is a group of fifteen citizens who are presented evidence by a prosecutor. The grand jury must then decide whether or not there is probable cause of a crime by the accused. At least 9 of 15 grand jurors must find that there is probable cause. This is a secret proceeding and the defendant and DUI defense attorney are not entitled to attend. Because of the one-sided nature of this hearing, there are special rules that require the prosecutor to make a fair presentation to the grand jury.

What is probable cause?
Probable cause is a set of facts, information, circumstances or conditions which would lead a reasonable person to believe that what is presented or alleged is true and that the suspect allegedly committed the crime.

Who is the Grand Jury?
A grand jury is a group of fifteen citizens who are presented evidence by a prosecutor.

Who decides if Phoenix felony charges should go to a Grand Jury?
The Phoenix prosecutor decides if the Phoenix felony charges should go to the Grand Jury. The prosecution reviews the police or other law enforcement or investigating agency's report and evaluates if there is sufficient evidence to support a conviction. If so, the prosecutor will either file a criminal complaint or seek an indictment from a Grand Jury.

What type of Phoenix Criminal or DUI charges go Grand Jury?
What type of felony cases sent to the Grand Jury can be varied. But the Phoenix Felony charges that typically go to a Grand Jury are crimes of a more serious nature or violent crimes such as homicide.

What happens when the charges go to the Grand Jury?
Charges may be dismissed by the grand jury or preliminary hearing stage if the grand jury determines that the evidence is insufficient to justify a trial. However, if they determine that probable cause in fact exists, the defendant is then "bound over" for trial in the Superior Court, and an arraignment date is set, and the court issues a summons for the defendant to appear at arraignment in Superior Court.

What is an Arraignment?
An arraignment is the first appearance of the defendant in Superior Court. This is when and where a defendant is officially read their formal charges. The defendant may plead "guilty" or "no contest" (this means they are claiming neither guilt nor innocence). The judge will set a date to sentence the defendant. The defendant or the criminal defense or DUI defense attorney on his behalf may plead "not guilty," as well. If the plea is "not guilty the judge will then set the case for a pre-trial hearing or trial.

Continue reading "Grand Jury Indictments Phoenix AZ" »

November 13, 2010

By: James Novak, Maricopa County DUI & Criminal Defense Attorney

Maricopa county has 37, 590 outstanding felony warrants for arrest according to local news sources. The Fugitive Apprehension Unit is going to residential and business locations trying to find convicts who have violated the terms of their probation releases.

The Unit is at least partially funded by border-security grants from the Federal Recovery Act to target alleged drug offenders. This year Maricopa County added add five more officers for a total of 19 to work in the specialized unit.

A person convicted of a crime often becomes a fugitive when they can not be located for many reasons such as giving probation officers false addresses, failing to show up for work interviews, or failing to attend mandatory meetings with their probation officers.

The Maricopa County Fugitive Apprehension Unit Officers generally begin looking for alleged offenders who have committed the most violent crimes and repeat offenders. Like private investigators, they use all available resources to find out where alleged fugitives are staying, working, or may be found.

November 12, 2010

News Article By: James Novak, Arizona DUI & Criminal Defense Attorney

Arizona Fox News reported on Wednesday, November 10, 2010 that lawmakers have advised that serious consideration is being made by legislators to reduce criminal and DUI sentencing as one effort to save Arizona money, and reduce Arizona budget deficits. The cost to house just one prisoner annually is between $20,000.00 and $30, 000.00. The Arizona prison population continues to grow and they are looking for a way to reduce and slow prison population and costs.

At least one legislator expressed an opinion shared by many, that the Arizona incarceration facilities and prisons are filled with people that really do not need to be there. One Arizona representative was quoted as saying "Some people need to be locked up to protect the public, some don't need to be locked up".

November 11, 2010

By: James Novak, Mesa DUI & Criminal Defense Attorney

Mesa Police made a 40 arrests from more that 500 outstanding domestic violence charge outstanding warrants, following a 3 day task force effort in October 2010. According to Mesa Police and Mesa news sources over 20 police agencies statewide participated in targeting those with outstanding domestic violence related arrest warrants as part of Domestic Violence Awareness Month declared to be October 2010.

According to police that when they alleged offenders were found and arrested, many were found with illegal drugs, drug paraphernalia, illegal automatic weapons, or other law violations resulting in new and additional charges.

November 10, 2010

1) Who will be your Lawyer (For Law Firms with multiple attorneys)? And who is actually handling your case including evidence investigation, court appearances, answering questions you have, and completing the work from start to finish?

Fact: Sometimes your Arizona DUI or Criminal attorney gets reassigned to another case midway through yours. Many times, work is delegated to other non-attorneys. Sometimes the non-attorneys are qualified to perform a particular task, but not always. And sometimes, the Attorney whom you think is handling your case from start to finish is merely supervising their work as well as many others. This author is not saying it is bad or good; just that you have a right to know. Then you can make an educated choice and feel comfortable hiring that Law Firm based on those circumstances.

2) Are you able to meet with your assigned lawyer before your agree to hire your firm?

Fact: Some Arizona or Maricopa County public defenders, court appointed DUI and Criminal defense lawyers or law firms, due to heavy case loads or other reasons outside of their control, do not meet their clients or the defendant until your first court appearance. In these cases you usually required to provide a photo ID of some sort for the court appointed attorney's file or the law firm so they will recognize you when they arrive to court to greet you for the first time! In many of these cases, no work was done in your defense from the time you paid your fees until that court date. Unfortunately, this is a preview of what the rest of your defense will be like. An Attorney should not just show up and hope for the best in court. This is the quickest route to a conviction, and ineffective defense. A good DUI lawyer or criminal defense attorney will have reviewed, your case well in advance and have a clear understanding of the charges, evidence, weaknesses in the prosecutions, and an idea of what defense strategies will provide you with the best outcome in your case based on those factors. A good AZ DUI or criminal defense attorney should be prepared to educate the prosecution and judge on the weaknesses or flaws in Arizona's criminal or DUI charges against you, not the other way around.

3) What are the fees including pre-trial services and trial if one is needed?

Fact: Some Criminal & DUI Attorneys and Law firms in Arizona charge a two tier fee: a) one is for pre-trial defense and b) separate charge if a trial is needed. Other Attorneys charge what some call a "global fee" which includes both pre-trial defense and a trial if needed. Global fees are usually higher, since they include the services of a trial. Keep in mind that in Maricopa County only about 2% to 5% of DUI charges ever go to trial. This means the rest are dismissed, charges reduced to non-criminal charges, or a plea bargain is negotiated with the prosecution and you/your defense for 95% to 98% for DUI cases.

4) Does the Attorney charge a flat fee or by the hour? Will the full payment be required up front or is the attorney willing to negotiate breaking the fee up into payments if needed?

Fact: Arizona Criminal defense and DUI defense Attorney Fees are almost always negotiable in amount and how it will be paid off. Whatever is agreed upon, make sure you have it in writing and it is included in the fee agreement. Make sure you read it and are given a copy of it before you leave the office.

5) What is the Attorney's background, defense and litigation experience, training, and qualifications relating to the issues in my particular case, how many such cases have they defended in the past?

Fact: Former Arizona Prosecutors usually have a great deal of litigation and defense experience. Some Attorneys may have a lot of training, education, experience and credentials...but not in DUI or Criminal Defense or specifically the charges for which you need a defense.

6) How often does the Attorney defend cases in the court you are required to appear? Are they familiar with the judges and prosecution in that city or jurisdiction?

Fact: It never hurts for your Arizona Criminal Lawyer or DUI Attorney to know who you will be up against. Many former prosecutors know the current prosecutors if they worked in that jurisdiction. Also, if an attorney defends cases in a particular court often, they have a dialog and familiarity with the prosecution's methods and strategies, and whether or not a judge is objective, and more or less lenient on a particular topic. Also, the judges and prosecution over time know who the good attorneys for which they have earned their respect. This is a plus during proceedings and negotiations on your behalf.

7) What is that attorney's current case load? Will they be able to put the necessary time needed to build and mount an effective defense on your behalf?

Fact: Good DUI and Criminal Defense attorneys in Arizona will regulate their caseloads to make sure they have ample time to defend your cases and put 100% into providing an effective defense. Unfortunately this is not always the case. Particularly with County, State and Federal fund and staffing cutbacks, the court appointed or public defenders have heavy caseloads and fewer attorneys to defend the cases for the defendant's that choose and qualify for their services. This means less time to work each case.

Continue reading "7 FACTS YOU SHOULD KNOW BEFORE HIRING A DUI OR CRIMINAL DEFENSE ATTORNEY IN ARIZONA!" »

November 9, 2010

ARIZONA CRIMINAL ATTORNEYS

"Retaining a good Arizona theft crime lawyer or criminal attorney can mean the difference between getting an Arizona theft crime conviction with harsh punishments or sentencing, or getting leniency, reduced charges or a getting a complete dismissal of your theft charges".

Theft Charges in Arizona
Theft charges can be a serious, and the consequences devastating depending on the circumstances anywhere in Arizona. The police and prosecution aggrievedly pursue convictions for theft charges Arizona. If you have been charged with a theft crime of any kind in Arizona you should consult an experienced Arizona Theft crime Attorney or criminal defense attorney in Arizona to discuss your charges and defense options.

Arizona Theft Crimes
Below is a list of different types of theft crime offenses. This list is not all inclusive:
• Misdemeanor theft
• Felony theft
• Auto theft or Grand Auto theft
• Grand theft
• Embezzlement
• Burglary
• Robbery
• Armed Robbery
• Carjacking
• Credit card theft
• Identity theft
• Fraud
• Forgery
• Larceny
• Cyber theft and virtual cyber theft

AZ Theft Laws
Theft Charges definitions, classifications, and penalties are governed by the authority of Arizona Law Chapter 18, Title 13 of the Arizona Revised Statutes, specifically A.R.S. 13-1801 through 13-1819.

Arizona Theft Penalties
The Court and Prosecution will look at many factors when considering what sentencing should be for a theft crime conviction. The range of sentencing for an Arizona theft crime can be severe and include probation, fines, restitution, community service, counseling, jail and prison and other penalties. Penalties for conviction of theft charges in Arizona depend largely on the following:
• Value of the property that was stolen;
• Misdemeanor or Felony;
• Petty Theft or Grand Theft
• Type of property;
• Number of items taken;
• Manner in which it was taken;
• Whether or not a weapon used;
• Imminent danger, assault or homicide involved;
• The criminal history of the defendant;

Arizona Theft Charge Attorneys
The Arizona prosecution wants theft convictions. They are not there to help you defend your charges. Their job is to convict you. A qualified theft attorney in Arizona or experienced criminal attorney in Arizona will gather and examine all evidence available, determine strength or weaknesses in the prosecutions case, interview or depose witnesses if appropriate, determine and build a solid and effective defense on your behalf and or otherwise determine the best course of action to avoid a conviction or get the otherwise best outcome in your theft case.
Retaining a good Arizona theft crime lawyer or criminal attorney can mean the difference between getting an Arizona theft crime conviction with harsh punishments or sentencing, or getting leniency, reduced charges or a getting a complete dismissal of your theft charges.

Continue reading "ARIZONA THEFT LAWS | CRIMINAL DEFENSE " »

November 8, 2010

CRIMINAL ATTORNEYS TEMPE, AZ
Retaining an experienced Tempe AZ theft defense Attorney or criminal lawyer who defends theft charges in Tempe frequently can mean the difference between getting an Arizona theft crime conviction with harsh punishments or sentencing, or gettin leniency, reduced charges or a getting a complete dismissal of your theft charges".

Tempe Theft Charges
Theft charges can be a serious, and the consequences devastating depending on the facts surrounding your criminal charges in Tempe, Arizona. The Tempe police and prosecution pursue convictions relentlessly for theft charges. If you have been charged or arrested for theft charges of any kind in Tempe, AZ, you should consult a qualified Tempe theft Attorney or Tempe criminal defense attorney who defends theft charges frequently in Tempe Court.

Types of Theft Crimes
Below is a list of different types of theft offenses. This list is not all inclusive:
• Misdemeanor theft
• Felony theft
• Auto theft or Grand Auto theft
• Grand theft
• Embezzlement
• Burglary
• Robbery
• Armed Robbery
• Carjacking
• Credit card theft
• Identity theft
• Fraud
• Forgery
• Larceny
• Cyber theft and virtual cyber theft

Tempe Theft Laws
Tempe theft laws, theft charges, definitions, classifications, and penalties are governed by the authority of Arizona Law Chapter 18, Title 13 of the Arizona Revised Statutes, specifically A.R.S. 13-1801 through 13-1819.

Theft Penalties - Factors Tempe Court Considers in Tempe AZ sentencing
The Tempe Court and Prosecution will look at many factors when considering what sentencing should be for a theft crime conviction. The range of sentencing for an Arizona theft crime can be severe and include probation, fines, restitution, community service, counseling, jail and prison and other penalties. Penalties for conviction of theft charges in Arizona depend largely on the following:

• Value of the property that was stolen;
• Misdemeanor or Felony;
• Petty Theft or Grand Theft
• Type of property;
• Number of items taken;
• Manner in which it was taken;
• Whether or not a weapon used;
• Imminent danger, assault or homicide involved;
• The criminal history of the defendant;

Theft Attorneys Tempe AZ
The Tempe AZ prosecution's role in the criminal justice system is to get convictions. As polite as they may be, they are not there to help you defend your theft charges or make your life easier. Their obligations are to the State of Arizona and the Tempe Court to make sure you are convicted and punished for the offense you were charged or arrested or standing trial for.

A qualified Tempe theft defense attorney in Arizona or experienced Tempe criminal attorney will gather and examine all evidence available determine what if any evidence can be suppressed and not used against you; determine if your constitutional rights were protected and not violated; make sure police procedure and protocol were followed; interview or depose witnesses if appropriate; determine a defense strategy; build a solid and effective defense on your behalf; and/or otherwise determine the best course of action to avoid a conviction and get the otherwise best outcome in your theft case.

Retaining an experienced Tempe AZ theft Attorney or criminal attorney in Tempe AZ who defends theft charges in Tempe frequently can mean the difference between getting an Arizona theft crime conviction with harsh punishments or sentencing, or getting leniency, reduced charges or a getting a complete dismissal of your Tempe theft charges.

Continue reading "ARIZONA THEFT LAWS | CRIMINAL DEFENSE " »

November 7, 2010

By: James Novak, Tempe Criminal and DUI defense Attorney

Several Police Auctions are scheduled for the month of November 2010. The scheduled dates, times and locations can be found in your local newspapers in the jurisdiction for which the auction will be held. The auction schedules are also posted on social websites, and auction websites on the internet.

Many law enforcement agencies, including local police, Maricopa County Sheriff's Department, and other State and Federal entities collect confiscated goods, lost items or abandoned property. The law enforcement agencies gain possession of items that result from arrests, forfeitures or other reasons. Forfeited property usually results from drug arrests where property was seized or confiscated; used in the process of a drug crime; or items purchased with illegal drug money. If an item was stolen and found, as a result of theft, and is unclaimed by the owner it was stolen from or their insurance company, it will end up at auction. Items sold at these auctions, include a wide variety of personal or commercial property including vehicles, jewelry, firearms, other weapons, tools, computers, other electronics, rare coins, antiques, art, boats, planes, even real estate and homes.

Arizona like many states possess laws that deal with how an auctions should be conducted. For example the law enforcement agency needs to publish a full descriptions of the items to be auctioned; date, time and location of the auctions; a particular time date and location the public can inspect the items they wish to bid on; terms of payment required, removal of property once purchased, terms of purchase (for example, no warranties), other legal disclaimers, and registration requirement for bidders.

November 7, 2010

By: James Novak, Tempe criminal defense and DUI Attorney

According to a spokesperson for the Tempe Police Department, ASU is now being patrolled by both the City of Tempe Police and the ASU Police.

Following the second homicide at ASU in five months as of November 2010, Tempe and ASU police have increased presence in and around the campus, both marked cars and plain clothes.
The ASU Police Department held two safety forums in late October 2010. Crime prevention officers and staff from the Tempe Police Department also attended. A third educational forum about personal safety is being planned, as well as an Internet event for out-of-state parents concerned about campus safety.

November 7, 2010

By: James Novak Arizona DUI & Criminal Defense Attorney

Various Media Sources and Statements released by Phoenix Police Management indicate that between 20 and 40 police officers are under investigation for fraud and misconduct, by the Arizona Attorney General. The allegations are that the officers were collecting payment for off-duty security jobs they allegedly did not perform for at least one private company in South Phoenix.

Although the reports on the investigation ballooned all across the internet social networks, radio, and TV in early November 2010, media sources indicate it apparently began in 2007 with an internal investigation; and then allegedly was handed over to the Arizona Attorney General's office to complete the review.

No further details regarding the allegations or investigation have been released. One news source indicated "indictments are expected to be announced very soon". However, to date no formal charges or indictments against any of the Phoenix Police Officers have been officially confirmed or announced.

November 7, 2010

BY: James Novak, Tempe AZ DUI & Criminal Defense Attorney

Here are 10 Tempe Court rules you need to know before your criminal or DUI court hearing in Tempe Arizona:

1) All mobile devices are to be powered down or turned off while in the courtroom.
2) Weapons are prohibited. No food, chewing gum, or chewing tobacco are allowed inside the building.
3) No texting.
4) No reading of newspapers, magazines, or books.
5) Sit quietly while court is in session. Talking or whispering to others is prohibited out of respect for the court in session. In addition, background noise or other voices can interfere with the court reporter's documenting of the record, as well as concentration of all parties in the current session including that of the judge, defendant, and attorneys involved.
6) Stand up when the Judge enters the court room.
7) Address the Judge as "your honor" such as "yes, your honor" or "no your honor".
8) Always stand a few feet away from the judge's bench. Never lean on the judge's or officer's bench.
9) Wear proper attire, including shirts and shoes. Make sure your attire is clean, neat, and in acceptable condition. Do not wear anything with slogans or pictures that may be offensive or disrespectful to anyone. Take off any hats before entering the courtroom. While the most Attorneys will be wearing suites, you do not have to dress formally.
10) If possible avoid bringing infants or small children into the courtroom. If you must bring them, make sure they are quiet and in good behavior. If they become a disruption of any kind, parents may be asked to leave with them.

The Tempe City Court Location:
31 East Fifth Street
Tempe, AZ 85281

November 7, 2010

By: James Novak, Arizona DUI & Criminal Defense Attorney

After the reality of a DUI arrest sets in, you are overwhelmed and realize you need an Arizona DUI Lawyer to defend you. And you wonder if you can afford a good DUI or Criminal defense lawyer. First, you should ask yourself can I afford "not" to have a good DU defense attorney. Arizona has some of toughest DUI laws and punishments in the Country. To go unrepresented by a good DUI lawyer, through the maze of the Arizona Criminal Justice system is the fastest route to a most certain DUI conviction. With that in mind, here are 5 facts you should know about the cost of retaining a DUI defense Attorney in Arizona:

1) No Arizona Attorney governing entities dictate how much a Criminal or DUI Attorney can charge. (Unless you are covered under and using a pre-paid legal program through your employer or pre-paid legal service). As a result you may get quotes all over the board for the same charges, just different attorneys. One may quote you $1000.00 and the other $8,000.00 to give you the same competent legal representation.

2) The more competition that exists in the jurisdiction or geographical area, the better your chance of finding a good, experienced DUI defense attorney who is affordable too. In order to gain an edge over their competitors, like any other service or product, a DUI or criminal attorney or law firm may reduce their prices.

3) Generally, an attorney's fees are not reflection on their competence, experience or the effectiveness of their legal representation. This applies to both lower and higher fees. For example, generally a larger firm with many employees may need to charge higher fees than a sole practitioner or smaller Arizona criminal defense or DUI law firm, because their cost to operate is higher (generally, not always).

4) The Arizona State Bar prohibits Criminal & DUI attorneys from charging on a contingency basis (meaning the practice of charging pending the outcome of the case).

5) You will usually be responsible for any extra costs above the Attorney's fees for services such as independent expert witness fees, reconstruction engineers, psychological assessments, and independent polygraph testing if they are needed for your defense. You should discuss such services and charges with your attorney before they are incurred.

6) Arizona Criminal & DUI defense lawyers must clearly provide the basis for which they are charging or the rate of the fees to their clients in writing. This is usually done upon retention of the attorney with what is known as a "fee agreement". You will be required to sign at the time you retain that attorney. Be sure you understand it before you sign. And make sure you keep a copy for yourself before leaving the Attorney's office.

7) Some law firms charge what may be called a "global fee" that covers everything including pre-trial and trial defense services. However, in Arizona only a small amount of DUI cases ever go to trial in Maricopa County Arizona. Somewhere between 2% to 5% meaning 95% to 98% of all DUI cases are either settled with a plea agreement, or dismissal before trial. You should understand that when you agree to a "global" fee, you are usually not entitled to a refund if your case is settled before a trial is needed. Alternatively, there are other DUI and criminal defense firms who charge a two tier stages. This fee structure is commonly broken into a flat-fee before the DUI case is set for trial and another fee if the DUI case gets set for trial. This way, if your case does not go to trial, you don't pay it, and the law firm, does not keep money for a service that was not performed.

In sum, you have many choices of which attorney to hire. It boils down to what you are willing to pay, how much time and effort you put in to finding the criminal defense or DUI law firm you feel will get you the best outcome in your case for a fair price you both can agree upon. Generally, attorney fees are negotiable. If you find an attorney you want to hire, but their fees are out of your price range, it never hurts to ask if they are willing to agree upon a price that is more affordable for you.

November 7, 2010

By: James Novak, Arizona DUI and Criminal Defense Attorney

If you are arrested for a DUI in Arizona, there are things you can do to increase your chances of getting a good outcome in your case. It begins with you. Here are at least 10 things you can to do or begin to do within 24 hours of your DUI arrest in AZ. (Excerpts are from the book "24 things you should do Following Your AZ DUI Arrest" © from the DUI winning strategies book series, written by James Novak, experienced Arizona DUI defense attorney. These DUI defense tips, elements, facts and things you need to do and can do could make the difference between an Arizona DUI conviction and a total dismissal of your charges:

1) AZ DUI Defense: Consult a DUI Attorney who defends charges in the city and state where you were arrested to discuss your charges, and defense options. Retain an Arizona DUI or criminal defense attorney who defends DUI charges often in that court. The criminal justice system is a maze of laws, procedures, protocols and time lines. Attempting to fight your DUI without a good Arizona DUI defense attorney is almost always a fast track to a conviction or guilty verdict.

2) Write, Type, or Document in some form a Detailed Narrative of the Incident: Your Arizona DUI Defense will depend on these specific facts about your DUI and what took place at the DUI stop including statements by both you and the police officer. Your Attorney will examine all the facts to determine if there is an argument of violation of any of your Constitutional Rights in your defense. Document events who, what, why, where, and when that night or day, what and when you ate, drank, or took any medications or drugs Document weather conditions and landscaping such as large snow drifts blocking a sign, large hail stones slamming on to your windshield and the like. Note, a photo of the scene of the arrest and/or sobriety testing, photo or video of the terrain or landscaping, damage to a vehicle, injury to you or others may be critically important later when the actual evidence has disappeared.

3) Medications and Physical Limitations: Your condition(s) may have impaired your ability to perform the field sobriety tests or could be a reason for the officer's improper conclusion that your driving was impaired.

4) Arizona DUI Documentation: Include copies for your DUI lawyer of all documents you were given during or after the arrest including citations, and tickets. Also, indicate what documents you told or presented to the police at the time of your arrest or thereafter. Documents belonging to you may contain dates, or evidence that may affect on your charges, and defense.

5) Contact the Arizona MVD If You Want a Hearing: In most cases the Arizona police will take your driver's license and give you a copy of a notice of suspension and temporary license, unless you had an out-of-state license or the alleged DUI is drug-related instead of alcohol related. You have only 15 days from the date you received the notice, usually the arrest date, to request an MVD hearing. This hearing is also referred to as am Admin Per Se hearing. The MVD hearing and matter is a second civil matter, separate from your criminal charges. So there are two different entities to deal with A) the Arizona State or County Court & Prosecution and B) The Arizona MVD -Motor Vehicle Department.

6) Calendar Your Court Date, Time and Location: If you ignore or forget to appear or are late at your designated court date and time, the Arizona court will immediately issue a warrant for your arrest. The court date and time is on your citation. This may change if you hire an experienced DUI attorney. Depending on the charges and circumstances, your Attorney may be able to vacate that date or otherwise appear on your behalf.

7) Get Your Auto Back If Impounded: Arizona grants authority to law enforcement agencies to impound of the vehicle you were driving for up to 30 days if arrested for DUI, at the expense of the owner or driver. If not, you will need to request an impound hearing. It is an informal hearing, and you do not need an attorney at that hearing. Most are conducted by phone. Therefore, read the impound instructions and request a hearing immediately so that the vehicle can be released from impound.

8) Photograph the Location and Vehicle involved in the Stop or Arrest: Your DUI attorney will explain that photographs of things that the police relied on as a reason for the stop may be challenged if the facts support it. Photograph anything that is related and referenced by the police such as objects that may have been hit or otherwise barriers such as other vehicles, light signals, trees, mechanical items such as failed turn signal lights, brake lights, tail lights, traffic signs or signals, visual barriers such as long branches, trees, large objects, downed electrical lines, covering a

9) Get Proper Insurance, Registration and resolve unpaid fines or tickets: If you were cited for not having insurance or proper registration you must get either and provide proof. If you neglect past problems with your driver's license it may pile up and become worse with after any DUI conviction or any other points you may receive on the citation such as a reduced charge of reckless driving which carries 8 points against your driving record just like a DUI.

You can take control of your criminal or DUI charges now, by hiring a good Arizona DUI lawyer. The police have made up their mind. The Arizona prosecution will be working hard to get You convicted. By doing these things you will enable your Attorney to build a solid defense case on your behalf. An Arizona DUI arrest or other criminal charge in Arizona is not a conviction. You are innocent until and only if you are proven guilty. Everyone makes mistakes. More importantly is how we recover from them, and what we do to get back on our feet to work toward a favorable outcome.

November 7, 2010

Assault Defense Gilbert, AZ

"Once the Gilbert police have decided to arrest you for assault charges, you should exercise your constitutional rights to remain silent and retain a criminal defense or assault defense lawyer to defend your assault charges in Gilbert, AZ."

Assault charges in Gilbert AZ are serious. You should consult a qualified criminal attorney who defends assault charges on a regular basis in Gilbert, AZ in the criminal justice system. The best assault defense lawyers and criminal defense attorneys who defend cases in Gilbert AZ offer free consultations for assault charges if you have been arrested for a Gilbert Assault or charged with any type of assault in Gilbert AZ.

Assault Charges in Gilbert are governed for the rules of Arizona State Laws. Arizona law separates assault charges into two main categories:

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 are viewed as serious offenses with harsh penalties in Arizona. For these reasons it is highly recommended that you consult criminal defense lawyer who defends assaults in Gilbert Court frequently to discuss your charges, potential penalties, and defense options for your Gilbert assault charges.

Misdemeanor Assault Laws in Gilbert AZ:
A misdemeanor assault in Gilbert 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 proving that the defendant's actions involved "intent" and knowledge and were purposeful. Misdemeanor assault penalties in Gilbert 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 Gilbert AZ:
Felony or aggravated assaults in Gilbert, AZ, are far more serious than misdemeanor assaults. Other aggravating factors exist that may elevate a misdemeanor assault to "aggravated" or "felony" assault charges. Here are some examples of aggravating factors. This list is 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 Gilbert, AZ
If convicted, Felony Assault or Aggravated Assault Penalties can include lengthy jail or prison sentences; felony criminal records that will follow you for a lifetime, exorbitant fines, fees, court ordered counseling programs, restitution to the victim. 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 and any other punishments the Gilbert court determines is necessary and appropriate.

You should resist the temptation to "tell your side of the story". Once the Gilbert police have decided to arrest you for assault charges, you should exercise your constitutional rights to remain silent and retain a criminal defense or assault defense lawyer to defend your assault charges in Gilbert, AZ. You may unknowingly and unintentionally harm your case. Instead contact a good criminal defense attorney or assault defense lawyer defends assault charges frequently in Gilbert Courts. They 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.

Continue reading "Gilbert Assault Lawyer | Assault Laws in Arizona " »

November 6, 2010

TEMPE CRIMINAL ATTORNEY

A good Tempe criminal defense or Tempe DUI Lawyer will be your voice in the criminal justice system. They will make sure your Constitutional Rights are not violated. They will build a solid and effective defense on your behalf. Top criminal Attorneys will press compelling arguments in your defense to the Tempe Criminal Court and prosecution. There is no substitute for an experienced Tempe AZ criminal attorney or DUI lawyer who defends cases in Tempe, AZ who is also a skilled litigator.

If you were arrested in Tempe AZ or face criminal or DUI charges s in Tempe you need to retain a Tempe criminal defense attorney or Tempe DUI lawyer who has a vast amount of experience and knowledge of Arizona laws, your constitutional rights, Arizona criminal justice system, and protocol and defends cases frequently in Tempe AZ. Most importantly, your Tempe criminal attorney or Tempe DUI lawyer should be extremely familiar with the defenses that can be used to build you a solid and effective defense needed to challenge your Tempe criminal or Tempe DUI charges. An experienced Tempe Criminal Attorney or DUI Lawyer in Tempe will determine the best defense strategy to use, based on the circumstances of your criminal or DUI charges. Your Tempe criminal defense attorney or DUI lawyer in Tempe will use these defenses along with your protected constitutional rights in an attempt to get your criminal or DUI charges dismissed, reduced or an otherwise best possible outcome in your case.

WHAT TO EXPECT AFTER BEING ARRESTED IN TEMPE

• Arrest - In order for a Tempe, AZ arrest to be legal, the police must have "Probable Cause". This means that the officer has reasonable belief that a crime was committed and you were the one who committed it. If the officer feels probable cause exists you will usually be placed in hand cuffs and taken into Tempe police custody.

• Booking - Your fingerprints taken, photograph or what some call "mug shot" will be taken; then they will confirm your identity with some routine questioning; they will then research your prior criminal convictions; then they will check to see if you were on probation or parole at the time of the current arrest.

• Arraignment - This is the initial Tempe Criminal Court appearance. At this stage you have formally been charged, but not convicted of the crime and the processing criminal justice system time-lines begin. This is where you may plead 1) guilty, 2) not guilty, or 3) no contest (no contest is when you do not admit guilt on the charges, but this lets the Court know that you do not dispute the criminal charges either).

• Resolution - 1) Charges dismissed 2) negotiated plea agreement for reduced charge or sentencing 3) Trial 4) jury decision of guilty or not guilty 5) judge sentencing if guilty.

• Sentencing - 1) If you are guilty or have agreed to a negotiated plea agreement you will receive your sentencing or penalties by the Tempe Court Judge. The judge has complete discretion to order any sentence that falls within the sentencing range of the crime for which you were found guilty.

Criminal Rights in Tempe
You have protected rights both under Federal and Arizona State constitutions. It is very important that you do not "waive" any protected rights without the presence or advice of your criminal attorney. If you decide on your own without consulting a Tempe criminal attorney or Tempe DUI lawyer to waive any of your rights, you may take the chance of jeopardizing your case and any defenses that otherwise could have used in your defense. You are not required to assist the Tempe Police or Tempe Court Prosecutor in making its case stronger against you. Some of the common rights you have are listed below and not all inclusive:

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

Criminal Law Tempe
Criminal Law in Arizona is strict, and comprehensive. Definitions, Classifications, Sentencing guidelines, and Penalties found in A.R.S. criminal code: Title 13 - Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes

DUI laws and DUI penalties in Arizona are some of the toughest in the United States. They are found in A.R.S. criminal code: Title 28 - Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes.

DUI or Criminal charges in Tempe AZ, are governed by the State of Arizona's rules and criminal codes.

Criminal Attorney Tempe AZ
Your future depends upon a strong defense by a criminal attorney who defends criminal or DUI charges frequently in Tempe Criminal Court. The choice is always yours to retain a criminal or DUI lawyer or not. However, given the harsh laws and punishments for Tempe criminal and Tempe DUI charges it is strongly recommended that you at least consult a criminal defense or DUI lawyer. The cold fact is that the Tempe prosecution is always relieved if the defendant chooses to go unrepresented because it makes their job easier to convict you. If fact, going to Tempe Criminal Court without qualified criminal attorney or DUI lawyer is certain to "fast track" a Tempe DUI or criminal conviction.

Some feel the Tempe criminal justice system is a vast maze of procedures, time-lines, and protocol, all set up to convict them. There is much truth to this. The process can be extremely exhausting, overwhelming and defeating for an unrepresented defendant. It is the job of the Prosecution to convict you. And they will work closely with police to get that conviction. Without good legal representation by a Tempe criminal attorney or DUI lawyer who defends cases frequently in Tempe, you may unintentionally say or do something that will unknowingly harm your defense, and strengthen the Prosecution's case against you. You don't want to unknowingly contribute to your conviction.

A good Tempe criminal defense or Tempe DUI Lawyer will be your voice in the criminal justice system. They will build a solid and effective defense on your behalf. Then they will press compelling arguments in your defense to the Tempe Criminal Court and prosecution. There is no substitute for an experienced Arizona criminal attorney who is a skilled litigator. They will know the most effective defenses to use, and building a foundation for your defense. Hiring a good criminal attorney who defends cases often in Tempe court will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.

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

November 5, 2010

Drug Sales Laws | Felony Drug Charges Defense Gilbert

A good Gilbert criminal defense or drug sales lawyer can challenge your drug sales charges. You have a constitutional right to a defense.... early retention of a criminal attorney in Gilbert AZ is the key to a successful outcome in defense of your drug sales charge.

If you were arrested in Gilbert AZ for drug sales charges you will need to consult drug sales attorney or Arizona criminal attorney regarding defending your drug sales charges as soon as possible. Drug sales are usually charged as felonies in Gilbert and are considered very serious offenses in Gilbert AZ. But a good criminal defense or drug sales lawyer in Arizona can challenge your drug sales charges. You have a constitutional right to a defense. Retaining a good drug sales attorney or criminal defense attorney in Gilbert Arizona who defends drug charges in the Gilbert criminal justice system frequently, will increase your chances of getting a good outcome in your case; early retention of a criminal attorney in Gilbert AZ is the key to a successful outcome in defense of your drug sales charges. his includes getting the drug charges dropped, reduced, or an otherwise better out come than you would have received without good drug sale legal representation and drug sales defense.

Drug Sale Charges Gilbert | Drug Sale Penalties
Drug sales are usually charged as felonies in Arizona. If convicted of your drug sales charges you will likely face mandatory prison sentences exorbitant financial fines, fees, and penalties. These sentences increase depending on the classification of the drug sold, the quantity of drugs involved in the sale and other factors listed below. If you were arrested for drug sales in Gilbert, Arizona, the drug laws of the State of Arizona will apply. The drug definitions, classifications and penalties can be found under A.R.S. Title 13 Chapter 34: DRUG OFFENSES 13-3401 to 13-3461

Below are some main factors the police, will consider in determining the severity of your charges for which they will make an arrest. These factors are also considered in the criminal justice system by the judge, prosecution and Arizona Court for which they base sentencing and penalties for drug sale convictions for Gilbert AZ felony drug charges. This list is not all inclusive:

• Quantity of the drugs or substance sold or intended for sale;
• Classification or type of the drug being sold or intended to be sold;
• You past criminal record;
• Repeat or first time drug charges offense;
• Strength of the Arizona prosecution's case;
• Possession or use of a dangerous weapon surrounding the incident;
• Drugs sold or attempted be sold to a minor;
• Location of drug sale or intent to sell (such as a schools or drug sales operations and transactions where children reside).
• Drug sales charges were in conjunction with other criminal offenses at the same time such as manufacturing or cultivation;
• Other aggravating factors not listed

Drug Sales Defense | Drug Sales Attorney Gilbert, AZ
There are many defenses that can be used by an experienced drug defense lawyer or criminal defense attorney in Arizona who defend Arizona drug charges for sale and distribution frequently. Top Gilbert Defense Attorneys will work hard to find out how to get drug charges dismissed. Most all good Felony drug defense attorneys in Gilbert AZ agree that early retention of a good criminal defense attorney, or experienced drug sales defense lawyer makes a significant different in the outcome of Gilbert your drug sales charges.

The best Arizona criminal defense lawyers and drug defense attorneys also agree it is unwise to go without good Arizona Felony Drug Defense Legal Representation. If you are charged with Arizona drug sales offense, you should consult an experienced Gilbert Criminal Attorney for a consultation regarding your matter. The fastest way to get a conviction and harshest sentencing is to go through the criminal justice system unrepresented by a good Gilbert criminal defense or Drug defense Attorney.

Some of the best Attorneys in Arizona provide free consultations. You can easily find an Attorney who defends drug sales charges in Gilbert that will provide you with a free and confidential consultation. If you are in custody, at the time of your call, be sure you let the Arizona Criminal Defense lawyer know this when you are speaking with them, so your rights can be protected during the phone consultation.

Continue reading "DRUG SALES ATTORNEY GILBERT " »

November 4, 2010

SCOTTSDALE CRIMINAL DEFENSE ATTORNEYS

"Retaining a good Scottsdale AZ theft defense Attorney or criminal lawyer who defends theft charges in Scottsdale frequently can mean the difference between getting an Arizona theft crime conviction with harsh punishments or sentencing, or getting leniency, reduced charges or a getting a complete dismissal of your theft charges".

Scottsdale Theft Charges
Theft charges can be a serious, and the consequences devastating depending on the facts surrounding your criminal charges in Scottsdale, AZ. The Scottsdale police and prosecution pursue convictions relentlessly for theft charges in Arizona. If you have been charged or arrested for a theft crime of any kind in Scottsdale, you should consult an experienced Arizona Theft crime Attorney or criminal defense attorney in Arizona to discuss your charges and defense options.

Theft Crimes in Scottsdale AZ
Below is a list of different types of theft crime offenses. This list is not all inclusive:
• Misdemeanor theft
• Felony theft
• Auto theft or Grand Auto theft
• Grand theft
• Embezzlement
• Burglary
• Robbery
• Armed Robbery
• Carjacking
• Credit card theft
• Identity theft
• Fraud
• Forgery
• Larceny
• Cyber theft and virtual cyber theft

Theft Laws Scottsdale AZ
Theft arrest and theft charges Scottsdale, AZ are subject to the definitions, classifications, and penalties governed by the authority of Arizona Law Chapter 18, Title 13 of the Arizona Revised Statutes, specifically A.R.S. 13-1801 through 13-1819.

Scottsdale AZ Theft Penalties
The Scottsdale Court and Prosecution will look at many factors when considering what sentencing should be for a theft crime conviction. The range of sentencing for an Arizona theft crime can be severe and include probation, fines, restitution, community service, counseling, jail and prison and other penalties. Penalties for conviction of theft charges in Arizona depend largely on the following:

• Value of the property that was stolen;
• Misdemeanor or Felony;
• Petty Theft or Grand Theft
• Type of property;
• Number of items taken;
• Manner in which it was taken;
• Whether or not a weapon used;
• Imminent danger, assault or homicide involved;
• The criminal history of the defendant;

Scottsdale Theft Attorneys
The Scottsdale AZ prosecution wants theft convictions. They are not there to help you defend your charges or make your life easier. Their role in the criminal justice system and Scottsdale Court is to convict you and make sure you are punished for the theft offense for which you were allegedly charged or arrested. A qualified Scottsdale theft attorney in Arizona or experienced Scottsdale criminal attorney will gather and examine all evidence available, determine strength or weaknesses in the prosecutions case, interview or depose witnesses if appropriate, determine and build a solid and effective defense on your behalf and or otherwise determine the best course of action to avoid a conviction or get the otherwise best outcome in your theft case.

Retaining a good Scottsdale AZ theft defense Attorney or criminal attorney who defends theft charges in Scottsdale frequently can mean the difference between getting an Arizona theft crime conviction with harsh punishments or sentencing, or getting leniency, reduced charges or a getting a complete dismissal of your Scottsdale theft charges.

Continue reading "SCOTTSDALE THEFT LAWS | CRIMINAL DEFENSE" »

November 3, 2010

Chandler Arrest | Criminal Rights

A good Chandler criminal defense or Chandler DUI Lawyer will be your voice in the criminal justice system. They will make sure your Constitutional Rights are not violated. They will build a solid and effective defense on your behalf. Top criminal Attorneys will press compelling arguments in your defense to the Chandler court and prosecution. There is no substitute for an experienced Chandler AZ criminal attorney or DUI lawyer who is also a skilled litigator.

Chandler, AZ has some of the toughest laws and penalties for criminal and DUI charges in the United States. If you face criminal charges or were arrested for a Chandler DUI or criminal charges in Chandler you need to retain an attorney who has a vast amount of experience and knowledge of Arizona laws, your constitutional rights, Arizona criminal justice system, and protocol. Most importantly, your Chandler criminal attorney should be extremely familiar with the defenses that can be used to build you a solid and effective defense needed to challenge your Chandler criminal or Chandler DUI charges. An experienced Chandler Criminal Attorney or DUI Lawyer in Chandler will determine the best defense strategy to use, based on the circumstances of your criminal or DUI charges. Your criminal defense attorney will use these defenses along with your protected constitutional rights in an attempt to get your criminal or DUI charges dismissed, reduced or an otherwise best possible outcome in your case.

WHAT TO EXPECT AFTER BEING ARRESTED IN CHANDLER

• Arrest - In order for a Chandler, AZ arrest to be legal, the police must have "Probable Cause". This means that the officer has reasonable belief that a crime was committed and you were the one who committed it. If the officer feels probable cause exists you will usually be placed in hand cuffs and taken into Chandler police custody.

• Booking - Your fingerprints taken, photograph or what some call "mug shot" will be taken; then they will confirm your identity with some routine questioning; they will then research your prior criminal convictions; then they will check to see if you were on probation or parole at the time of the current arrest.

• Arraignment - This is the initial Chandler Court appearance. At this stage you have formally been charged, but not convicted of the crime and the processing criminal justice system time-lines begin. This is where you may plead 1) guilty, 2) not guilty, or 3) no contest (no contest is when you do not admit guilt on the charges, but this lets the Court know that you do not dispute the criminal charges either).

• Resolution - 1) Charges dismissed 2) negotiated plea agreement for reduced charge or sentencing 3) Trial 4) jury decision of guilty or not guilty 5) judge sentencing if guilty.

• Sentencing - 1) If you are guilty or have agreed to a negotiated plea agreement you will receive your sentencing or penalties by the Chandler Court Judge. The judge has complete discretion to order any sentence that falls within the sentencing range of the crime for which you were found guilty.

Criminal Rights
You have protected rights both under Federal and Arizona State constitutions. It is very important that you do not "waive" any protected rights without the presence or advice of your criminal attorney. If you decide on your own without consulting a Chandler criminal attorney or Chandler DUI lawyer to waive any of your rights, you may take the chance of jeopardizing your case and any defenses that otherwise could have used in your defense. You are not required to assist the Chandler Police or Chandler Court Prosecutor in making its case stronger against you. Some of the common rights you have are listed below and not all inclusive:

1) The right to remain silent;
2) The right to defense by an attorney;
3) The right not to answer questions without your criminal defense attorney present;
4) Your Miranda Rights must be read to you if you are arrested;
5) The right to enter a "Not Guilty" Plea;
6) The right to obtain and produce exculpatory (evidence favorable to your defense) evidence before or at trial;
7) The right to trial by jury;
8) The right to defend your criminal or dui charges before trial;
9) The right to avoid self-incrimination;
10) In the event of trial, the right to cross-examine or confront a witness testifying against you.

It is highly recommended that you leave this to your qualified Chandler criminal defense attorney or trial lawyer in Chandler who is experienced in criminal defense litigation.
Criminal Law Chandler

Criminal Law in Arizona is strict, and comprehensive. Definitions, Classifications, Sentencing guidelines, and Penalties found in A.R.S. criminal code: Title 13 - Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes
DUI laws and DUI penalties in Arizona are some of the toughest in the United States. They are found in A.R.S. criminal code: Title 28 - Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes

Criminal charges or arrests for DUI or in Chandler AZ are be subject to the rules of authority of Arizona State Laws of Arizona cited above.

Criminal Defense Attorney Chandler
Your future depends upon a strong defense by a criminal attorney who defends criminal or DUI charges frequently in Chandler AZ. The choice is always yours to retain a criminal or DUI lawyer. However, given the harsh laws and punishments for Chandler criminal and Chandler DUI charges it is strongly recommended that you at least consult a criminal defense or DUI lawyer. The cold fact is that the Chandler prosecution is always relieved if the defendant chooses to go unrepresented because it makes their job easier to convict you. If fact, going without qualified criminal attorney or DUI lawyer is certain to "fast track" a Chandler DUI or criminal conviction.

Some feel the criminal justice system is a vast maze of procedures, time-lines, and protocol, all set up to convict them. There is much truth to this. The process can be extremely exhausting, overwhelming and defeating for an unrepresented defendant. It is the job of the Prosecution to convict you. And they will work closely with police to get that conviction. Without good legal representation by a Chandler criminal attorney or DUI lawyer who defends cases frequently in Chandler, you may unintentionally say or do something that will unknowingly harm your defense, and strengthen the Prosecution's case against you. You don't want to unknowingly contribute to your conviction.

A good Chandler criminal defense or Chandler DUI Lawyer will be your voice in the criminal justice system. They will build a solid and effective defense on your behalf. Then they will press compelling arguments in your defense to the court and prosecution. There is no substitute for an experienced Arizona criminal attorney who is a skilled litigator. They will know the most effective defenses to use, and building a foundation for your defense. Hiring a good criminal attorney who defends cases often in Chandler court will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.

Continue reading "CHANDLER CRIMINAL DEFENSE " »

November 2, 2010

GILBERT CRIMINAL ATTORNEY

A good Gilbert criminal defense or Gilbert DUI Lawyer will be your voice in the criminal justice system. They will make sure your Constitutional Rights are not violated. They will build a solid and effective defense on your behalf. Top criminal Attorneys will press compelling arguments in your defense to the Gilbert Criminal Court and prosecution. There is no substitute for an experienced Gilbert AZ criminal attorney or DUI lawyer who defends cases in Gilbert, AZ who is also a skilled litigator.

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

If you were arrested in Gilbert AZ or face criminal or DUI charges s in Gilbert you need to retain an attorney who has a vast amount of experience and knowledge of Arizona laws, your constitutional rights, Arizona criminal justice system, and protocol and defends cases frequently in Gilbert AZ. Most importantly, your Gilbert criminal attorney or Gilbert DUI lawyer should be extremely familiar with the defenses that can be used to build you a solid and effective defense needed to challenge your Gilbert criminal or Gilbert DUI charges. An experienced Gilbert Criminal Attorney or DUI Lawyer in Gilbert will determine the best defense strategy to use, based on the circumstances of your criminal or DUI charges. Your Gilbert criminal defense attorney or DUI lawyer in Gilbert will use these defenses along with your protected constitutional rights in an attempt to get your criminal or DUI charges dismissed, reduced or an otherwise best possible outcome in your case.

WHAT TO EXPECT AFTER BEING ARRESTED IN GILBERT

• Arrest - In order for a Gilbert, AZ arrest to be legal, the police must have "Probable Cause". This means that the officer has reasonable belief that a crime was committed and you were the one who committed it. If the officer feels probable cause exists you will usually be placed in hand cuffs and taken into Gilbert police custody.

• Booking - Your fingerprints taken, photograph or what some call "mug shot" will be taken; then they will confirm your identity with some routine questioning; they will then research your prior criminal convictions; then they will check to see if you were on probation or parole at the time of the current arrest.

• Arraignment - This is the initial Gilbert Criminal Court appearance. At this stage you have formally been charged, but not convicted of the crime and the processing criminal justice system time-lines begin. This is where you may plead 1) guilty, 2) not guilty, or 3) no contest (no contest is when you do not admit guilt on the charges, but this lets the Court know that you do not dispute the criminal charges either).

• Resolution - 1) Charges dismissed 2) negotiated plea agreement for reduced charge or sentencing 3) Trial 4) jury decision of guilty or not guilty 5) judge sentencing if guilty.

• Sentencing - 1) If you are guilty or have agreed to a negotiated plea agreement you will receive your sentencing or penalties by the Gilbert Court Judge. The judge has complete discretion to order any sentence that falls within the sentencing range of the crime for which you were found guilty.

Criminal Rights in Gilbert
You have protected rights both under Federal and Arizona State constitutions. It is very important that you do not "waive" any protected rights without the presence or advice of your criminal attorney. If you decide on your own without consulting a Gilbert criminal attorney or Gilbert DUI lawyer to waive any of your rights, you may take the chance of jeopardizing your case and any defenses that otherwise could have used in your defense. You are not required to assist the Gilbert Police or Gilbert Court Prosecutor in making its case stronger against you. Some of the common rights you have are listed below and not all inclusive:

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

Criminal Law Gilbert
Criminal Law in Arizona is strict, and comprehensive. Definitions, Classifications, Sentencing guidelines, and Penalties found in A.R.S. criminal code: Title 13 - Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes

DUI laws and DUI penalties in Arizona are some of the toughest in the United States. They are found in A.R.S. criminal code: Title 28 - Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes

If your arrest or charges for DUI or Criminal charges in Gilbert AZ, Arizona you will be subject to the rules of authority of Arizona State Laws of Arizona cited above.

Criminal Attorney Gilbert AZ
Your future depends upon a strong defense by a criminal attorney who defends criminal or DUI charges frequently in Gilbert Criminal Court. The choice is always yours to retain a criminal or DUI lawyer or not. However, given the harsh laws and punishments for Gilbert criminal and Gilbert DUI charges it is strongly recommended that you at least consult a criminal defense or DUI lawyer. The cold fact is that the Gilbert prosecution is always relieved if the defendant chooses to go unrepresented because it makes their job easier to convict you. If fact, going to Gilbert Criminal Court without qualified criminal attorney or DUI lawyer is certain to "fast track" a Gilbert DUI or criminal conviction.
Some feel the Gilbert criminal justice system is a vast maze of procedures, time-lines, and protocol, all set up to convict them. There is much truth to this. The process can be extremely exhausting, overwhelming and defeating for an unrepresented defendant. It is the job of the Prosecution to convict you. And they will work closely with police to get that conviction. Without good legal representation by a Gilbert criminal attorney or DUI lawyer who defends cases frequently in Gilbert, you may unintentionally say or do something that will unknowingly harm your defense, and strengthen the Prosecution's case against you. You don't want to unknowingly contribute to your conviction.

A good Gilbert criminal defense or Gilbert DUI Lawyer will be your voice in the criminal justice system. They will build a solid and effective defense on your behalf. Then they will press compelling arguments in your defense to the Gilbert Criminal Court and prosecution. There is no substitute for an experienced Arizona criminal attorney who is a skilled litigator. They will know the most effective defenses to use, and building a foundation for your defense. Hiring a good criminal attorney who defends cases often in Gilbert court will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.


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

November 1, 2010

CRIMINAL DEFENSE ATTORNEYS MESA, AZ

"Retaining a good Mesa AZ theft defense Attorney or criminal lawyer who defends theft charges in Mesa frequently can mean the difference between getting an Arizona theft crime conviction with harsh punishments or sentencing, or getting leniency, reduced charges or a getting a complete dismissal of your theft charges".

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

Mesa Theft Charges
Theft charges can be a serious, and the consequences devastating depending on the facts surrounding your criminal charges in Mesa, AZ. The Mesa police and prosecution pursue convictions relentlessly for theft charges. If you have been charged or arrested for theft charges of any kind in Mesa, you should consult a qualified Mesa theft Attorney or criminal defense attorney who defends theft charges frequently in Mesa Court. .

Theft Charges Mesa AZ
Below is a list of different types of theft crime offenses. This list is not all inclusive:
• Misdemeanor theft
• Felony theft
• Auto theft or Grand Auto theft
• Grand theft
• Embezzlement
• Burglary
• Robbery
• Armed Robbery
• Carjacking
• Credit card theft
• Identity theft
• Fraud
• Forgery
• Larceny
• Cyber theft and virtual cyber theft

Theft Laws Mesa Arizona
Whether your theft arrest or theft charges were in Mesa, Phoenix, Chandler, Gilbert, Scottsdale, Tempe or any other city in Arizona, theft charges definitions, classifications, and penalties are governed by the authority of Arizona Law Chapter 18, Title 13 of the Arizona Revised Statutes, specifically A.R.S. 13-1801 through 13-1819.

Mesa AZ Theft Penalties - Factors Mesa Court Considered for Sentencing
The Mesa Court and Prosecution will look at many factors when considering what sentencing should be for a theft crime conviction. The range of sentencing for an Arizona theft crime can be severe and include probation, fines, restitution, community service, counseling, jail and prison and other penalties. Penalties for conviction of theft charges in Arizona depend largely on the following:

• Value of the property that was stolen;
• Misdemeanor or Felony;
• Petty Theft or Grand Theft
• Type of property;
• Number of items taken;
• Manner in which it was taken;
• Whether or not a weapon used;
• Imminent danger, assault or homicide involved;
• The criminal history of the defendant;

Theft Attorneys Mesa
The Mesa AZ prosecution wants criminal convictions. They are not there to help you defend your theft charges or make your life easier. Their role in the criminal justice system and Mesa Court is to convict you and make sure you are punished for the theft offense for which you were allegedly charged or arrested. A qualified Mesa theft attorney in Arizona or experienced Mesa criminal attorney will gather and examine all evidence available, determine strength or weaknesses in the prosecutions case, interview or depose witnesses if appropriate, determine and build a solid and effective defense on your behalf and or otherwise determine the best course of action to avoid a conviction or get the otherwise best outcome in your theft case.
Retaining a good Mesa AZ theft Attorney or criminal attorney Mesa, AZ who defends theft charges in Mesa frequently can mean the difference between getting an Arizona theft crime conviction with harsh punishments or sentencing, or getting leniency, reduced charges or a getting a complete dismissal of your Mesa theft charges.

The Law Office of James Novak provides criminal defense for the following Zip codes: 85201, 85202, 85203, 85204, 85205, 85206, 85207, 85208, 85210, 85211, 85212, 85213, 85214, 85215, 85216, 85274, 85275, 85277.

Continue reading "THEFT LAWS MESA AZ | CRIMINAL DEFENSE" »