December 2010 Archives

December 30, 2010

Article by: James Novak, Phoenix DUI and Criminal Defense Attorney

You could say the ADHS is not letting any "grass" grow under their feet. By their actions, they are taking their responsibilities very seriously. The Arizona Department of Health Services (ADHS) is making great strides toward regulation and implementation of the new Arizona Medical Marijuana Act. ADHS posted their official information to the public on their website including the initial draft of the Rules on line, and an official time-line regarding for the medical marijuana governing regulatory system.

You can find comprehensive news and updates at the Arizona Department of Health Services website regarding the Arizona medical marijuana law's progress for implementation. You can also post your comments and input regarding the initial draft rules. The following time-line for bench marks is being cited from the ADHS website as it applies to Maricopa County, Phoenix-Metro, and Phoenix East Valley residents:

• December 17, 2010: ADHS posted an initial informal draft of the Rules;
• December 17, 2010 - January 7, 2011: ADHS receives informal (electronic) public comment on the initial informal draft rules
• January 31, 2011: ADHS posts official draft Rules for public comment
• January 31, 2011 - February 18, 2011: ADHS receive public comment on a revised draft of the Rules
• February 14 - 17, 2011: ADHS will hold two public meeting about the draft Rules in Phoenix as follows:
1) Phoenix: Tuesday, February 15, 2011 at 1:00 pm, 250 N. 17th Ave Phoenix AZ
2) Phoenix: Thursday, February 17, 2011 at 1:00 pm, 250 N. 17th Ave Phoenix AZ
• March 28, 2011: ADHS publishes the final Rules that will be used to implement the Act
• April 2011: ADHS begins to accept applications for registry identification cards and for dispensary certificates

Continue reading "AZ MEDICAL MARIJUANA LAW TIME-LINE" »

December 28, 2010

"Hiring a good Arizona DUI Attorney can mean the difference between a conviction or total dismissal, or reduction in your charges."

Arizona DUI Attorney
If you have been arrested for a DUI in Arizona, you already know Phoenix Arizona has some of the toughest DUI laws in the Country. Arizona DUI laws carry severe punishments and sentencing for a DUI conviction. Even for a first time Arizona DUI, you will need a strong and experienced Arizona criminal defense attorney to fight for you. It is easy to find any DUI Attorney in Arizona, but your challenge will be finding a good DUI Attorney, or one of the best Criminal Defense Attorneys to defend you. Choosing a DUI Lawyer to defend your DUI charges may be one of the most important decisions you will ever face. Below are some questions you should get answers to, before making a decision as to which Attorney you will hire to defend your case. These excerpts are cited in Winning Defense Strategies Book Series "#1 Arizona DUI Defense", written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak:

• Who will actually be my DUI Attorney?
• Have you met that Attorney before your court date?
• Does my DUI attorney defend DUI and Criminal cases exclusively?
• Will you be the lawyer who is actually handling my case?
• Who is doing all the investigation on my case? Will you be the lawyer who shows up to court with me?
• Will you be switching lawyers on me?
• Can I meet my assigned lawyer before I agree to hire your firm?
• Will I be able to speak to you if I have a question or concern?
• What is it going to Cost?
• What is Your Experience?
• What background do you have that qualifies you to handle my case?
• Have you ever been a prosecutor? If so, where, and for how long?
• What training do you have with the issues involved in my case?
• How many cases like mine have you handled?
• How often do you handle this specific type of case?
• How often do you deal with this particular prosecutor?
• How often do you appear in this court?
• How often do you appear before this particular Judge?
• What is your current caseload?
• How long should I expect to wait to hear back from you if I have to leave a message for you?

No matter what you chose to do, remember a DUI or other Criminal Charge you are innocent until and only if you are proven guilty. Everyone makes mistakes. It's how you recover from that mistake that counts more. You can take control of your criminal or DUI charges now, by consulting and retaining a strong, experienced Arizona Criminal and DUI Defense Attorney to fight your charges.

Everyone makes mistakes. It's how we recover from those mistakes that matter most. If you do nothing, you can count on possibly facing the maximum penalties allowed by Arizona law which will have a devastating impact on your life, family, and future. But a good Arizona DUI Attorney can mean the difference between a conviction or total dismissal, or reduction in your charges.

Continue reading "How to Hire a Good Arizona DUI Lawyer " »

December 28, 2010

DEFENDING DISORDERLY CONDUCT CHARGES IN CHANDLER AZ

Defenses Strategies Top Rated Disorderly Conduct Attorneys in Chandler use to fight your disorderly conduct charges

Disorderly Conduct Charges Chandler, AZ
Chandler Disorderly conduct charges are also known as "disturbing the peace". If you have been arrested or charged with any disorderly conduct charges in Chandler, AZ, you should consult an Arizona criminal defense attorney or disorderly conduct defense attorney who defends cases in Chandler Court as soon as possible. You will be able to discuss your charges and defense options. Most Chandler criminal defense attorneys will provide a free consultation.

Some of the best disorderly conduct Attorneys in Arizona agree that this offense is over used and is often charged when the Chandler police when they can't find anything else to charge you with, and they are annoyed with you. From a defense standpoint, most criminal defense and disorderly conduct defense attorneys in Scottsdale find that most of facts of the alleged "disorderly conduct" are over stated or exaggerated by law enforcement or police who arrested or charged you for disorderly conduct.

There are a number of behaviors that the Chandler Police view as disruptive behavior and that will lead to charges or arrest for disorderly conduct in Chandler, AZ. These can include, but are not limited to the following intentional acts: Fighting with others or engaging in combative behavior; Making "unreasonable" noise; Cursing, loud, abusive, or offensive language to another person for the purpose of provocation or other reason; Engaging in behavior that disrupts business operations; Refusing to leave an area as directed by officials (for instance: the scene of a fire or emergency); Recklessly handling, or displaying a firearm or other dangerous weapon to intentionally provoke, intimidate, or make someone fear that harm to them is imminent.

Chandler Disorderly Conduct Laws
If you were charged or arrested in Chandler Arizona, your charges will fall under the authority of the Arizona laws.
Disorderly Conduct in Arizona can be found beginning under Revised Statutes - A.R.S. Arizona Disorderly Conduct Law "ARS 13-2904. Disorderly conduct; classification".

Chandler Disorderly Conduct Penalties
Generally a disorderly conduct misdemeanor charge is categorized as a Class 1. A Class 1 misdemeanor is the highest level of misdemeanor (just below a felony) under Arizona Law. Sentencing may include up to 6 months incarceration in prison, and fines of $2,500.

Depending on the circumstances, a basic, disorderly conduct charge with no aggravated factors do not justify punishments of the maximum sentence. However, no any disorderly conduct conviction may include jail time, probation, fines, fees, and other penalties the judge deems appropriate including counseling and community service.
Disorderly conduct charges that include use of a firearm or other dangerous weapon will elevate the charge to a class 6 felony.

Felony disorderly conduct convictions carry a maximum punishment of one year in prison. You would also possess a criminal record which labels you as a convicted felon. Penalties less than the maximum may include jail, probation, fines, fees, counseling, and other penalties the Arizona judge deems necessary based on your circumstances.
Chandler AZ Disorderly Conduct Defenses

Below are just some defense strategies that a criminal defense attorney who defends disorderly conduct charges in the Chandler Arizona Court may use to build your defense case. This list is not all inclusive:
1)You were attempting protect someone against harm or injury, who was unable to protect themselves;
2) Wrong person charged - This often applies when groups of people are involved or multiple persons are involved in gatherings such as civil assemblies that turn violent)
3) No witnesses, no evidence, no video, audio, or other evidence to prove you displayed disorderly conduct;
4) You acted under threat, provocation or intimidation;
5) The evidence, audio or video disproves or contradicts police allegations
6) Police brutality;
7) No other justifiable reason for charges, other than the police officer was annoyed with you;
8) You were exercising your right to "free speech" under the Constitution in an approved location, in an appropriate, orderly and peaceful fashion;.
9) The police were not aware you suffer from a physical or mental impairment that caused you to appear to have "a bad attitude", with no proof or other justification;
10) Actions were in self - or in defense, defense of home, property, or family
11) Violations of Your Arizona State or U.S. Constitutional Rights;
12) Objective witness statements overwhelmingly contradict the police officers statements;
13) The police officer has a history of disciplinary actions in similar circumstances.
14) Someone else started the altercation;
15) Your actions were not committed "with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so..." as required by A.R.S. 13-2904. Disorderly conduct; classification..."

Chandler Disorderly Conduct Attorney
A good Chandler AZ criminal defense or disorderly conduct attorney will conduct a thorough investigation of all the facts to determine if the charge was justified or not. In many cases there will be flaws or weaknesses in their case. This offense is often used as a "catch all" excuse for the police to subdue, charge, or arrest you. It is usually very subjective in nature.

As a result, a good Arizona disorderly conduct or criminal defense lawyer in Chandler Arizona will attempt to find flaws and weaknesses in the prosecution's case, and present compelling arguments in your defense. Retaining an experienced Arizona disorderly conduct attorney will greatly increase your chances of getting your disorderly conduct charges dismissed, reduced, or otherwise the best outcome in your case.

Continue reading "Chandler Disorderly Conduct Laws, Penalties and Defenses " »

December 27, 2010

10 Things Actions Top Rated DUI Lawyers or Criminal Defense Attorneys in Phoenix will Advise You to Do to Help Increase Your Chances of Getting your Phoenix DUI Charges Dismissed.

If you have recently been arrested for a Phoenix DUI or charged with DUI in Arizona, remember, that does automatically make you guilty. Whether you were charged with a misdemeanor felony, or extreme DUI, makes no difference with regard to your constitutional rights to a defense and legal representation. Below are some things you can do to avoid self-incrimination and increase your chances of getting the charges dismissed, reduced, or the best possible outcome in your case. This list is not all inclusive.

1) Consult a DUI attorney who defends cases frequently in the Phoenix Court. The chances of getting an acquittal or not-guilty verdict without a good Arizona Criminal Defense or DUI Attorney who defends charges frequently in Phoenix AZ are slim to none. The criminal justice system is complicated with a maze of laws, protocol, people and odds against you. You will need an experienced defense attorney to build a strong legal defense for your case. You need someone you can call for answers to questions, to defend you, to protect your constitutional rights, to challenge the evidence against you. Make sure your attorney is someone who is accessible and stay in close communication with them throughout the process.

2) Utilize your right to remain silent. If the police or prosecution is asking you questions relating to your charges or arrest, politely and simply advised that you wish to have your attorney present while answering any questions. If your request for your Phoenix DUI lawyer is denied, it is a violation of your constitutional rights which may result in suppression of evidence or case dismissal.

3) Write a narrative of events.
Include as many details as possible. Over time, details tend to fade. Include what you ate, drank, what took place, what was said by you or the police, any medications, taken, weather conditions, and any other details you can remember. What may not seem to be relevant to you may be material to a defense strategy in the eyes of a good DUI defense attorney.

4) Repair any trigger problems that may have resulted in the DUI stop.
This includes head lights, turn signals or any other mechanical problems for which the Phoenix police said was the reason they pulled you over for the stop.

5) Get Proper Insurance and Registration
. If you were cited for not having insurance or proper registration you must get either and provide proof. If you already had but were unable to provide proof of either please provide a copy of either to your attorney and bring the original to court.

6) Resolve any Unpaid Past Fines or Traffic Tickets. The court will look at your past history to see if you have neglected any other prior driving violations or tickets. If so, this may have an adverse impact on your sentencing.

7) Photographs of the Location of 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. Be sure to include stop signs, street lights, barriers, trees, objects, landscaping, bus stops, and lane markers, any anything else related to the area surrounding your DUI stop.

8) Be on time for all court appearances.
If you are late or do not show up for your court appearances as required, an immediate warrant will be issued for your arrest. If you are but a few minutes late, this is frowned upon by the court as ill regard and disrespect of the court and the seriousness of your DUI charges.

9) Advise your DUI attorney if there are any potential witnesses that may be willing to testify or be interviewed in your defense. For example, if a friend or adult family member were passengers in the vehicle, they may have observed you and been of the opinion that you did not appear to be drunk or driving impaired.

10) Ambulance or Hospital Records. If you were taken to the hospital or emergency Room, following an accident related to your DUI charges, get medical records from both entities. Because of patient privacy laws, it is usually faster for you to obtain the records than if your Attorney requests them. There may be information regarding existing medical conditions, or other information your DUI attorney can use in your defense.

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

Continue reading "10 THINGS YOU SHOULD DO AFTER A PHOENIX DUI ARREST" »

December 27, 2010

DEFENSES THAT GOOD MESA DUI ATTORNEYS USE TO FIGHT DUI CHARGES

Mesa AZ DUI Charges
If you face Mesa DUI charges you should consult a Mesa criminal defense attorney or Mesa AZ DUI lawyer as soon as possible. Arizona has some of the toughest DUI laws and penalties in the country for DUI convictions. However, a charge is not a conviction. You have a right to plead guilty and fight your DUI. Your best chance of getting a good outcome or even a DUI dismissal is to retain a good DUI defense lawyer in Arizona. They will be able review the evidence and facts of your case and determine what defense strategies may be utilized to defend your DUI charges in Mesa Court.

Mesa DUI Defense Strategies

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.

LACK OF ROUTINE BREATHALYZER MACHINE MAINTAINENCE
Was Breathalyzer Machine used properly and timely maintained?
Breathalyzer Machine Units require routine maintenance checks.

FAILURE TO RECORD THE VALUE SIMULATOR SOLUTION
Did the breath machine operator officially record the value simulator solution used in the test?
The value of the simulator solution used to obtain the suspect's breath test results is required for the BAC to be admissible in court

Mesa AZ DUI Defenses
There are many DUI defenses that may apply and can be used to defend your DUI charges in Mesa Arizona. A good DUI lawyer who defends DUI charges in Mesa Court will know what DUI defense strategies can be used in your case. The above defenses are just a few of many defenses surrounding breath testing results. Below is an excerpt from the book "101 DUI Defenses 101 DEFENSES TO BEAT YOUR ARIZONA DUI ©" written by James Novak, Arizona DUI and Criminal Defense Attorney. For more DUI defenses, the abridged version of this E-book can be downloaded free by visiting www.arizonacriminaldefenseattorney.com.

Continue reading "DUI DEFENSE MESA AZ -CHALLENGING BREATH TEST RESULTS" »

December 22, 2010

Chandler Criminal Defense and Criminal Rights

"Early retention of a good Chandler criminal lawyer, to defend you through the Arizona Criminal Justice System for charges of Unlawful Discharge of Firearm Charges is one of the keys to enable your criminal defense attorney to mounting an effective defense on your behalf."

Unlawful Discharge of Firearm Charges Chandler AZ
Sentencing for Unlawful Discharge of Firearm Charges convictions in Chandler, AZ, 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 Chandler police are well known for their ability to find and arrest those who discharge a firearm within city limits. Some cities in Maricopa County 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
If you were arrested or charged with Unlawful Discharge of a Firearm in Chandler AZ your charges will be governed by the laws of the State of Arizona. 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 Chandler, AZ for Unlawful Discharge of a Firearm include 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. If someone is harmed, injured, or killed due to the unlawful discharge of the sentencing is extremely severe, and include lengthy prison terms, and negatively life altering consequences.

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 Chandler Arizona and Maricopa County.

Chandler 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 Chandler criminal attorney will substantially increase your chance of getting you the best possible outcome in your case. Early retention of a good Chandler criminal lawyer, to defend you through the Arizona criminal justice system 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 Attorney Chandler AZ " »

December 21, 2010

Just because you were charged or arrested for criminal or DUI in Scottsdale does not mean you are automatically "guilty" of those charges...even if the evidence against you is overwhelming.

Scottsdale Criminal Defense
If you face criminal charges or a DUI charges in Scottsdale AZ, you can fight your charges and win. Your chances increase drastically of getting a good outcome in your case if you hire a good Scottsdale criminal or Scottsdale DUI attorney or Arizona criminal defense lawyer who practices frequently in Scottsdale. Just because you were charged or arrested for criminal or DUI charges doesn't mean you are "guilty" of those charges...even if the evidence against you is overwhelming.

The fact is that criminal and DUI charges are dropped, dismissed, acquitted every day with experienced Scottsdale Legal Representation from good criminal defense and DUI lawyers on board.

Your Constitutional Rights entitle you to remain silent, be treated fairly, and retain the services of a Scottsdale criminal defense or Scottsdale DUI Attorney-- these inherent rights are there for your protection. Don't let them be abused. Use them to your advantage. The Scottsdale Prosecution and judge want convictions. Only good private practice criminal defense or DUI Lawyer who defends DUI and criminal charges in Scottsdale, AZ frequently will defend your charges, your rights, your freedom and your future.

Defending Criminal Charges in Scottsdale, AZ
You may wonder whether or not you should hire a Scottsdale Criminal defense or DUI defense attorney. First find out what they will or can do for you. In the least, you should contact an experienced criminal or DUI defense Attorney for a consultation. Most of the best criminal defense and Scottsdale DUI lawyers in Arizona provide free initial consultations. You will get insight into your charges, sentencing you will be facing if convicted, and a comfort level in your decision.

What Your Scottsdale Criminal Lawyer will do for you
Here is brief list outlining what a good criminal defense attorney, or experienced DUI lawyer who defends cases in Scottsdale, AZ will do for you:
• File notice to the court that you are being legally represented and request that all communications go through the defense attorney.
• File notice to the court of "not guilty" plea and defenses on your behalf.
• Listen to your side of the story. Educate the prosecution and court about your side of the story through the proper legal channels. Keep in direct communications with your regarding you case.
• Answer questions and address any of your concerns
• Give you guidance and recommendations
• Gather and examine any and all evidence
• Retest any blood or urine specimens, by an independent lab that the prosecution tested and plans to use against you.
• Determine if any of the evidence was mishandled, obtained unlawfully, protocol followed in obtaining the evidence.
• Determine if any violations of your Constitutional Rights occurred.
• Look for weaknesses or flaws in the Scottsdale Prosecutions case
• Mount a strong and effective defense based on the circumstances in your case. A good attorney, with much litigation experience will know which of many defenses should be used based on your situation. Sometimes it takes just one. Sometimes multiple defenses will apply.
• Challenge evidence or lack thereof
• Attempt to suppress evidence if justifiable reasons exist
• Educate the Prosecution and court on weaknesses or flaws in their evidence or case to set the stage for negotiations of a favorable outcome on your behalf.
• Participate in all hearings, conferences, negotiations with the court and or prosecution.
• File all appropriate and necessary motions
• Make every attempt to reduce the criminal or DUI charges
• Make every possible attempt to dismiss the charges.

The earlier your bring your Scottsdale Criminal or DUI Attorney on board, the greater the chances are of your obtaining a successful outcome in your case. This gives your defense Attorney a head start and time to build and mount a winning defense on your behalf. You generally do not get more than one shot at freedom. Do not underestimate the need for a Scottsdale criminal defense or DUI defense Attorney. It may mean the difference between a conviction and a complete dismissal of charges.

Continue reading "CRIMINAL ATTORNEY SCOTTSDALE" »

December 20, 2010

DEFENDING DISORDERLY CONDUCT CHARGES
Why you need a good Disorderly Conduct Attorney in Arizona to fight your disorderly conduct charges

Arizona Disorderly Conduct Charges
Disorderly conduct charges in Arizona are often referred to as "disturbing the peace". If you have been arrested or charged with any disorderly conduct charges in Arizona, you should consult an Arizona criminal defense attorney or disorderly conduct defense attorney as soon as possible to discuss your charges and defense options.

Some of the best Attorneys in Arizona agree that this offense is often charged when the police can't find anything else to charge you with, and they are annoyed with you. From a defense standpoint, the facts of the alleged disruptive behavior is over stated or exaggerated by law enforcement or police who arrested you or charged you with it
There are a number of behaviors that the police view as disruptive behavior and that will lead to charges or arrest for disorderly conduct in Arizona. These can include, but are not limited to the following:

• Fighting with others or engaging in combative behavior;
• Making "unreasonable" noise;
• Cursing, loud, abusive, or offensive language to another person for the purpose of provocation or other reason;
• Engaging in behavior that disrupts business operations;.
• Refusing to leave an area as directed by officials (for instance: the scene of a fire or emergency);
• Recklessly handling, or displaying a firearm or other dangerous weapon to provoke, intimidate, or make someone fear that harm to them is imminent.

The disturbance may be reported to the police due to the disruptive, loud, or intimidating behavior by family, friends, co-workers, groups, neighbors, business owners, business patrons, or other entity. They merely need to contact the police and report a disturbance.

The other scenario is if the police are already on the scene for another matter, other violations, and become annoyed with you.

Arizona Disorderly Conduct Laws
Arizona Revised Statutes - A.R.S. Arizona Disorderly Conduct Law
ARS 13-2904. Disorderly conduct; classification

A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:
1. Engages in fighting, violent or seriously disruptive behavior; or
2. Makes unreasonable noise; or
3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or
4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or
5. Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or
6. Recklessly handles displays or discharges a deadly weapon or dangerous instrument.

B. Disorderly conduct under subsection A, paragraph 6 is a class 6 felony. Disorderly conduct under subsection A, paragraph 1, 2, 3, 4 or 5 is a class 1 misdemeanor.

Arizona Disorderly Conduct Penalties
Generally a disorderly conduct misdemeanor charge is categorized as a Class 1. A Class 1 misdemeanor is the highest level of misdemeanor (just below a felony) under Arizona Law. Sentencing may include up to 6 months incarceration in prison, and fines of $2,500.

Depending on the circumstances, a basic, disorderly conduct charge with no aggravated factors do not justify punishments of the maximum sentence. However, no any disorderly conduct conviction may include jail time, probation, fines, fees, and other penalties the judge deems appropriate including counseling and community service.
Disorderly conduct charges that include use of a firearm or other dangerous weapon will elevate the charge to a class 6 felony.

Felony disorderly conduct convictions carry a maximum punishment of one year in prison. You would also possess a criminal record which labels you as a convicted felon. Penalties less than the maximum may include jail, probation, fines, fees, counseling, and other penalties the Arizona judge deems necessary based on your circumstances.

Arizona Disorderly Conduct Defenses | Criminal Defense Attorney AZ
A good Arizona criminal defense or disorderly conduct attorney will conduct a thorough investigation of all the facts to determine if the charge was justified or not. In many cases there will be flaws or weaknesses in their case. This offense is often used as a "catch all" excuse for the police to subdue, charge, or arrest you. It is usually very subjective in nature.

As a result, a good Arizona criminal defense attorney or disorderly conduct attorney in Arizona can find flaws and weaknesses in the prosecution's case, and present compelling arguments in your defense. Retaining an experienced Arizona disorderly conduct attorney will greatly increase your chances of getting your disorderly conduct charges dismissed, reduced, or otherwise the best outcome in your case.

Continue reading "Arizona Disorderly Conduct Laws, Penalties and Defense " »

December 18, 2010

How to Hire a Good Phoenix DUI Lawyer

"Hiring a good Phoenix DUI Attorney can mean the difference between a conviction or total dismissal, or reduction in your charges."

Phoenix Arizona has some of the toughest DUI laws in the Country, which carry some of the most severe penalties in the country. If you have been arrested in Phoenix AZ for a DUI, you will need a good and experienced Phoenix criminal defense attorney to fight for you. It is important that you find a DUI Attorney who defends DUI charges on a regular basis, and exclusively practices criminal defense. You also want to make sure they defend cases frequently in the court for which you must appear. Your challenge will be to find a good DUI Attorney, or one of the best Criminal Defense Attorneys to defend you. Choosing a DUI Lawyer to defend your DUI charges may be one of the most important decisions you will ever face. Below are just a few facts you want to know before making the decision to hire a DUI Attorney. These excerpts have been cited from Winning Defense Strategies Book Series #1 Phoenix DUI Defense, written by DUI Defense Attorney and prolific Author James Novak:

• Who will actually be my DUI Attorney?
• Will I meet with my Attorney before my court date?
• How much work will my Attorney be putting into my case before my court date?
• Does my DUI attorney defend DUI and Criminal cases exclusively?
• Will you be the lawyer who is actually handling my case?
• Who is doing all the investigation on my case? Will you be the lawyer who shows up to court with me?
• Will you be switching lawyers on me?
• Can I meet my assigned lawyer before I agree to hire your firm?
• Will I be able to speak to you if I have a question or concern?
• What is it going to Cost?
• Does the Attorney charge by the hour or is it a flat affordable fee?
• Is the fee competitive as compared to what similar DUI Attorneys are hiring?
• How much experience do you have in defending DUI and Criminal Cases?
• What background do you have that qualifies you to handle my case?
• Have you ever been a prosecutor? If so, where, and for how long?
• What training do you have with the issues involved in my case?
• How many cases like mine have you handled?
• How often do you handle this specific type of case?
• How often do you deal with this particular prosecutor?
• How often do you appear in this court?
• How often do you appear before this particular Judge?
• What is your current caseload?
• How long should I expect to wait to hear back from you if I have to leave a message for you?

Remember a DUI or other Criminal Charge you are innocent until and only if you are proven guilty. Everyone makes mistakes. It's how you recover from that mistake that counts more. You can take control of your criminal or DUI charges now, by hiring a strong, experienced Phoenix Criminal and DUI Defense Attorney to fight your charges. Everyone makes mistakes. It's how we recover from those mistakes that matter most. If you do nothing, you can count on facing the maximum penalties allowed by Phoenix law which will have a devastating impact on your life, family, and future. But a good Phoenix DUI Attorney can mean the difference between a conviction or total dismissal, or reduction in your charges.

Continue reading "Phoenix DUI Attorney" »

December 17, 2010

Gilbert Criminal Attorneys

"Early retention of a good Gilbert 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."

Unlawful Discharge of Firearm Charges Gilbert AZ
Sentencing for Violations of this law in Gilbert, AZ, 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 Gilbert police are well known for their ability to find and arrest those who discharge a firearm within city limits. Some cities including Gilbert 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
If you were arrested or charged with Unlawful Discharge of a Firearm in Gilbert AZ your charges will be governed by the laws of the State of Arizona. 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 Gilbert, AZ for Unlawful Discharge of a Firearm include 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. If someone is harmed, injured, or killed due to the unlawful discharge of the sentencing is extremely severe, and include lengthy prison terms, and negatively life altering consequences.

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 Gilbert Arizona and Maricopa County.

Gilbert 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 Gilbert criminal attorney will substantially increase your chance of getting you the best possible outcome in your case. Early retention of a good Gilbert 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 Gilbert AZ " »

December 16, 2010

HOW TOP DUI ATTORNEYS FIGHT DUI CHARGES IN GILBERT, AZ

Gilbert AZ DUI Charges
If you were arrested in Gilbert AZ for DUI charges you should consult a criminal defense attorney or DUI lawyer who defends DUI charges in Gilbert AZ regularly. Arizona has some of the toughest DUI laws and penalties in the country. Gilbert Arizona in particular, is powered with extra trained DUI task force police units looking for DUI arrests.
Gilbert Arizona prosecutors aggressively pursue DUI convictions. But if you have just been arrested, there is hope. Remember that a DUI Charge is not a conviction.
You have a constitutional right to fight your DUI. Your best chance of getting a good outcome or even a DUI dismissal is to retain a good DUI defense lawyer in Arizona. They will be able review the evidence and facts of your case and determine what defense strategies may be utilized to defend your DUI charges in Gilbert Court.

Gilbert DUI Defense Strategies

SUBSTANCE INTERFERENCE
Did the DUI suspect ingest cough drops, medication, use asthma spray prior to the breath test, or have tobacco chew in the mouth?
Many substances are known to contain various forms and levels of alcohol or any other chemicals that may produce false readings, therefore invalidating the results.

RESULTS CONTAMINATION
Did mouth alcohol contaminate the breath test results?
Was there alcohol in the mouth but not in the bloodstream that produced a misleading BAC reading? Accurate results can be affected by latent oral alcohol caused by burping, belching, residual regurgitation, cough syrup, cold medicines, breath sprays, mouthwash, dentures, denture adhesives, braces, trapped food between the teeth, orthodontics, and or other substances.

BREATHING PATTERNS
Were you instructed to breathe continuously into the device for more than 10 seconds?
Breathing test machines are calibrated to test no more than a 10 second long sample. If you were required to breathe into the machine for longer than 10 seconds, your results might have indicated a higher blood alcohol level than was actual. Hyperventilating, shallow breathing, or refusal to breathe might also interfere with an accurate test result.

Gilbert AZ DUI Defenses
There are many DUI defenses that may apply and can be used to defend your DUI charges in Gilbert Arizona. A good DUI lawyer who defends DUI charges in Gilbert Court will know what DUI defense strategies can be used in your case. The above defenses are just a few of many defenses surrounding breath testing results. Above was an excerpt from the book "101 DUI Defenses 101 DEFENSES TO BEAT YOUR ARIZONA DUI ©" written by James Novak, Arizona DUI and Criminal Defense Attorney. For more DUI defenses, the abridged version of this E-book can be downloaded free by visiting www.arizonacriminaldefenseattorney.com.

Continue reading "DUI DEFENSE GILBERT AZ - CHALLENGING BREATH TEST RESULTS" »

December 15, 2010

Article by: James Novak, Phoenix DUI and Criminal Defense Attorney December 13, 2010

Arizona cities including Phoenix AZ, and Tempe, AZ have already begun passing their ordinances for Dispensary Zoning to regulate the requirements involving medical marijuana dispensaries.

These efforts are being made in compliance with the new Arizona Medical Marijuana Law. According to the law, in order to become a legal and licensed dispensary, the grower or infuser (injection into food) of medical marijuana, the dispensary applicant must comply with the zoning standards of the particular city municipality, or town for which the dispensary will be located.

The ADHS is expected to begin accepting ADHS applications for dispensary licenses next April 2011.

Continue reading "AZ MEDICAL MARIJUANA LAW NEWS " »

December 15, 2010

Phoenix Criminal Attorney | Arizona Criminal Defense

If you have been arrested for use, possession, or sale of synthetic Marijuana (fake pot) in Arizona you should consult an experienced Arizona Criminal Defense Attorney or Arizona Drug defense Attorney as soon as possible. Synthetic Marijuana charges are considered very serious charges which carry fierce penalties in Arizona. The Federal Government has also brought down a strong arm to synthetic Marijuana

Arizona Laws that apply can be found in Arizona Drug Laws A.R.S. Title 13 - DRUG OFFENSES 13-3401 and Chapter 34.1 IMITATION SUBSTANCE OR DRUG OFFENSES to 13-3461.

On November 24, the United States Drug Enforcement Administration (DEA) put a temporary ban on 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 chemicals and substances further, if efforts to "avoid imminent public health crisis while the formal rule-making procedures described in the CSA are being conducted."

Arizona, like most other states will follow the lead of the Federal Law.

The banned chemicals include:
• JWH-018,
• JWH-073,
• JWH-200,
• CP-47,497,
• 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,
• "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.

Charges of possession, use, sale, manufacturing or distribution of synthetic Marijuana in Arizona, are not the type of criminal charges you want to go at alone through the Arizona Criminal Justice System. You will need to consult an experienced Phoenix criminal

Attorney or Drug defense Attorney in Arizona to defend these charges. A good Arizona Criminal Defense lawyer or Phoenix Drug Charges Defense Attorney have a clear understanding of the law, your constitutional rights, and what defenses can be used on your behalf based on your circumstances. Early retention of an experienced Phoenix criminal defense attorney will increase your chances of getting your charges dismissed, reduced or the otherwise best outcome in your case.

Continue reading "Arizona laws | Synthetic Marijuana (Fake Pot)" »

December 14, 2010

Article by: James Novak, Phoenix DUI and Criminal Defense Attorney

The Arizona Department of Health Services issued an announcement on Friday December 10, 2010 that they are on track for implementation of the AZ Medical Marijuana Act. According to Will Humble, ADHS Director, an informal draft of the Administrative Code will be released Friday, December 17, 2010.

Below are some additional key developments announced by ADHS Director:
• Key elements of the implementation are being coordinated with the Rules Team.
• Internal rule indexing is in progress.
• The Medical Officers team will be reviewing the draft rules next Wednesday, December 15, 2010.
• The ADHS Director will then review the Medical Officers recommendations and complete the informal draft Rule.
• Work is in progress for the qualified patient and caregiver electronic applications.
• On Friday December 17, 2010 the new website will be posted and include Question and Answers for the general public to view.
• An electronic tool will be available to solicit comments from the public from December 17, 2010 through January 7, 2011.
• A media press release will be issued Friday December 17, 2010 with information on the status.

Continue reading "ARIZONA MEDICAL MARIJUANA NEWS DECEMEBER 2010 " »

December 14, 2010

MESA ATTORNEY ROBBERY AND ARMED ROBBERY DEFENSE TACTICS

How High Rated Mesa Criminal Attorneys Fight Your Mesa AZ Robbery and Armed Robbery Charges

Mesa Robbery or Armed Robbery Charges
Mesa robbery and armed robbery offenses are prosecuted very aggressively. If you were charged or arrested in Mesa, AZ for robbery or armed robbery you should consult an experienced Arizona criminal defense attorney who defends cases in the Mesa Court criminal justice system frequently to defend your charges.

The difference between burglary and robbery is that the act of burglary is an offense of forced entry or unlawful entering a building, residence, business or vehicle with the intent to commit or comment a felony theft within the structure. Robbery on the other hand is when the accused uses force, intimidation, or fear as a means of taking property from someone.

Armed Robbery is the same as robbery, with the added factor of the accused being armed with a weapon such as a firearm, or other weapon to gain control of the property from a person or place. It is important to understand, however, that many objects can constitute a weapon and fall within the category of "armed robbery". For example a broken glass bottle, a baseball bat, knife, or other objects which are made or intended for other purposes.

Mesa Robbery or Armed Robbery Penalties
Arizona Robbery and armed robbery charges must be taken serious. The penalties are severe and convictions treated with harsh sentencing by the Mesa courts.
If the crime is designated a "dangerous crime" as is the case if a dangerous weapon is involved or used, the judge will order mandatory prison terms if convicted. If e weapons are involved, someone is harmed, or even imminent threat of harm occurred, penalties can be doubled form the normal non-dangerous felony sentence range. Robbery sentencing carries a wide minimum and maximum range from 1 year up to 21 years or more in prison depending on the circumstances of each criminal count charged for the incident. Other fines, fees, restitution, or any other punishments the court deems necessary on top of minimum penalties may apply.

Arizona Laws - Robbery and Armed Robbery
Arizona Revised Statutes (A.R.S.) Title 13, Chapter 19, Robbery begins with the following citations:

A.R.S. §13-1901 Definitions:
In this chapter, unless the context otherwise requires: 1. "Force" means any physical act directed against a person as a means of gaining control of property. 2. "In the course of committing" includes any of the defendant's acts beginning with the initiation and extending through the flight from a robbery. 3. "Property of another" means property of another as defined in section 13-1801. 4. "Threat" means a verbal or physical menace of imminent physical injury to a person.

A.R.S. §13-1902. Robbery; classification
A. A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will; such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property. B. Robbery is a class 4 felony.

A.R.S. §13-1903 Aggravated Robbery
A. A person commits aggravated robbery if in the course of committing robbery as defined in section 13-1902, such person is aided by one or more accomplices actually present. B. Aggravated robbery is a class 3 felony.

A.R.S. §13-1904 Armed Robbery
A. A person commits armed robbery if, in the course of committing robbery as defined in section 13-1902, such person or an accomplice: 1. Is armed with a deadly weapon or a simulated deadly weapon; or 2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon. B. Armed robbery is a class 2 felony.

Arizona Robbery or Armed Robbery Defense Tactics | Criminal Defense Attorney AZ
If you are under investigation, been arrested, have active charges of Robbery or Armed Robbery in Arizona, you should immediately consult an Arizona criminal defense or Arizona Robbery or Armed Robbery lawyer to discuss your situation and defense options. You should not discuss your case the police or investigators before consulting a good criminal defense attorney or Robbery or Armed Robbery lawyer in Arizona. Anything you say can be held against you and jeopardize your defense. You should remain silent and politely request to speak with your criminal attorney as soon as possible.

Top Arizona criminal attorneys or Robbery or Armed Robbery defense Attorneys may use a multitude of defenses depending on the circumstances surrounding your Mesa robbery charges or arrest. Below are just a few examples of defenses a good Mesa criminal attorney might use as tactical defense strategies for robbery charges (This list is not inclusive):

• There are generally only a few witnesses to a robbery or armed robbery if any besides the victim. A good robbery or armed robbery defense attorney will challenge the State and make them prove the identity of their suspect, and thus be able to weaken the Mesa prosecution's case against you.

• You have constitutional rights under both State and Federal Law. If any of them were violated, evidence may be suppressed or even lead to charge dismissal.

• Experienced Attorneys, particularly former prosecutors, have critical insights into police procedures, protocol, prosecution tactics and strategies that may be used by police and prosecutors. Those attorneys will be able to use that knowledge to assist in defending your case, getting evidence dismissed, charges reduced, or robbery charges dismissed if proper procedures were not followed or misconduct by police occurred.

• Experienced robbery defense attorneys will challenge evidence such as surveillance tapes to with regard to whether or not it was in fact the right person arrested.

In sum, robbery or armed robbery charges in Mesa are dangerous to go at alone and try to defend yourself. In theory, the law is that you are innocent until proven guilty. But in practicality, without a good Mesa criminal defense attorney, the criminal justice system will not look for your innocence, flaws in the prosecutions case, see strength in your arguments, or provide you will any empathy or favor. Conviction is imminent.

The job of the Mesa prosecution on behalf of the state of Arizona is to convict you, not help you. With an experienced criminal defense attorney or robbery defense lawyer you will have a voice that is heard in the system, with compelling arguments, defense strategies, and an increased chance of getting your robbery charges dismissed, reduced, or otherwise the best outcome in your case.

Continue reading "MESA ROBBERY CHARGES | ROBBERY LAWS | ROBBERY PENALTIES" »

December 13, 2010

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

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

1) Dress Code: While most attorneys will appear in suits, you do not need to dress formal. However, clothing should be clean and fitted. Shirt and shoes are required.
All hats and caps must be removed before entering the courtroom.

2) All pagers, cell phones or other mobile devices must be turned off inside the courtroom.

3) Refrain from texting, shuffling and reading newspapers, or pages of books. They can cause distraction in the courtroom.

4) Food, drink, and all weapons are strictly prohibited in the building. They should be left at home, in auto or somewhere else outside the building. They can not be stored in the building.

5) The court asks that you take a number from the ticket dispenser, located in the lobby, as soon as you enter the building to allow for timely help on numerical basis.

Note: If you are unsure about a particular item or scenario that is prohibited or allowed, it is best to call in advance to avoid delays in the proceedings for which you plan or are required to attend.

Below is Scottsdale City Court Address and Phone number:

3700 North 75th Street
Scottsdale, AZ 85251
(480) 312-2442

Continue reading "5 - SCOTTSDALE CITY COURT STANDARDS" »

December 13, 2010

DEFENDING DISORDERLY CONDUCT CHARGES IN GILBERT AZ

Defenses Tactics used by Top Rated Disorderly Conduct Attorneys in Gilbert AZ to Fight Disorderly Conduct Charges

Disorderly Conduct Charges Gilbert, AZ
Gilbert Disorderly conduct charges are also known as "disturbing the peace". If you have been arrested or charged with any disorderly conduct charges in Gilbert, AZ, you should consult an Arizona criminal defense attorney or disorderly conduct defense attorney who defends cases in Gilbert Court as soon as possible. You will be able to discuss your charges and defense options. Most Gilbert criminal defense attorneys will provide a free consultation.

Some of the best disorderly conduct Attorneys in Arizona agree that this offense is over used and is often charged when the Gilbert police when they can't find anything else to charge you with, and they are annoyed with you. From a defense standpoint, most criminal defense and disorderly conduct defense attorneys in Scottsdale find that most of facts of the alleged "disorderly conduct" are over stated or exaggerated by law enforcement or police who arrested or charged you for disorderly conduct.

There are a number of behaviors that the Gilbert AZ Police view as disruptive behavior and that will lead to charges or arrest for disorderly conduct in Gilbert, AZ. These can include, but are not limited to the following intentional acts: Fighting with others or engaging in combative behavior; Making "unreasonable" noise; Cursing, loud, abusive, or offensive language to another person for the purpose of provocation or other reason; Engaging in behavior that disrupts business operations; Refusing to leave an area as directed by officials (for instance: the scene of a fire or emergency); Recklessly handling, or displaying a firearm or other dangerous weapon to intentionally provoke, intimidate, or make someone fear that harm to them is imminent.

Gilbert AZ Disorderly Conduct Laws
If you were charged or arrested in Gilbert Arizona, your charges will fall under the authority of the Arizona laws.
Disorderly Conduct in Arizona can be found beginning under Revised Statutes - A.R.S. Arizona Disorderly Conduct Law "ARS 13-2904. Disorderly conduct; classification".

Disorderly Conduct Penalties in Gilbert Arizona
Generally a disorderly conduct misdemeanor charge is categorized as a Class 1. A Class 1 misdemeanor is the highest level of misdemeanor (just below a felony) under Arizona Law. Sentencing may include up to 6 months incarceration in prison, and fines of $2,500.

Depending on the circumstances, a basic, disorderly conduct charge with no aggravated factors do not justify punishments of the maximum sentence. However, no any disorderly conduct conviction may include jail time, probation, fines, fees, and other penalties the judge deems appropriate including counseling and community service.
Disorderly conduct charges that include use of a firearm or other dangerous weapon will elevate the charge to a class 6 felony.

Felony disorderly conduct convictions carry a maximum punishment of one year in prison. You would also possess a criminal record which labels you as a convicted felon. Penalties less than the maximum may include jail, probation, fines, fees, counseling, and other penalties the Arizona judge deems necessary based on your circumstances.
Disorderly Conduct Defenses used in Gilbert AZ

Below are just some defense strategies that a criminal defense attorney who defends disorderly conduct charges in the Gilbert Arizona Court may use to build your defense case. This list is not all inclusive:

1)You were attempting protect someone against harm or injury, who was unable to protect themselves;
2) Wrong person charged - This often applies when groups of people are involved or multiple persons are involved in gatherings such as civil assemblies that turn violent)
3) No witnesses, no evidence, no video, audio, or other evidence to prove you displayed disorderly conduct;
4) You acted under threat, provocation or intimidation;
5) The evidence, audio or video disproves or contradicts police allegations
6) Police brutality;
7) No other justifiable reason for charges, other than the police officer was annoyed with you;
8) You were exercising your right to "free speech" under the Constitution in an approved location, in an appropriate, orderly and peaceful fashion;.
9) The police were not aware you suffer from a physical or mental impairment that caused you to appear to have "a bad attitude", with no proof or other justification;
10) Actions were in self - or in defense, defense of home, property, or family
11) Violations of Your Arizona State or U.S. Constitutional Rights;
12) Objective witness statements overwhelmingly contradict the police officers statements;
13) The police officer has a history of disciplinary actions in similar circumstances.
14) Someone else started the altercation;
15) Your actions were not committed "with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so..." as required by A.R.S. 13-2904. Disorderly conduct; classification..."

Gilbert AZ Disorderly Conduct Attorney
An experienced Gilbert AZ criminal defense or disorderly conduct attorney will conduct a thorough investigation of all the facts to determine if the charge was justified or not. In many cases there will be flaws or weaknesses in their case. This offense is often used as a "catch all" excuse for the police to subdue, charge, or arrest you. It is usually very subjective in nature.

As a result, a good Arizona disorderly conduct or criminal defense lawyer in Gilbert Arizona will attempt to find flaws and weaknesses in the prosecution's case, and present compelling arguments in your defense. Retaining an experienced Arizona disorderly conduct attorney will greatly increase your chances of getting your disorderly conduct charges dismissed, reduced, or otherwise the best outcome in your case.

Continue reading "Gilbert AZ Disorderly Conduct Laws, Penalties and Defenses " »

December 12, 2010

HOW GOOD TEMPE DUI LAWYERS CHALLENGE BREATH TESTS TO FIGHT YOU DUI CHARGES IN TEMPE AZ

Tempe AZ DUI Charges
A Tempe DUI Charge is not a conviction. You have a right to plead "not guilty" and to fight your DUI. Your best chance of getting a good outcome or even a DUI dismissal is to retain a good Tempe DUI lawyer. They will be able determine what defense strategies may be utilized to defend your DUI charges in Tempe Court.

Tempe DUI Defense Strategies

FAILURE TO KEEP MAINTENANCE RECORDS FOR THE INTOXILYZER 8000 BREATH MACHINE
Do records exist to support maintenance of the machine?
Records must be kept regarding maintenance, timing and history of routine maintenance, malfunction or defects. If these records were not updated, documented, and properly maintained, regardless of the whether or not the machine had no defects, the evidence can be suppressed. Without proper records to support its maintenance, or even support of lack of defects, there is no proof that the unit was working properly at the time of use.

BAC AT THE TIME OF THE DRIVING WAS BELOW .08.
Was your DUI testing conducted within two hours of your driving, being in physical control, or potential to be in physical control of a vehicle?
The blood alcohol content (BAC) level is not constant in the body. It rises as the alcohol it is absorbed by the body; and falls as it is processed by the body. The prosecution must establish that you BAC might have been .08 or better within two hours of driving the vehicle.

CHRONIC HEARTBURN OR OTHER MEDICAL
CONDITIONS CAN SKEW THE BREATH MACHINE RESULTS

Do you suffer from a medical condition like heartburn or gastric reflux?
These conditions may skew the BAC reading from the breath machine to a number higher than the true BAC. Trial results have proven that if stomach fluid that contain alcohol due to such medical conditions find their way into the defendant's breath, causing the BAC results to be proven inaccurate with reasonable doubt concerning results.

Tempe AZ DUI Defenses
There are many DUI defenses that can be used to defend your Tempe DUI charges. Experienced Tempe DUI lawyers know what DUI defense strategies can be used in your case. The above defenses are just a few of many, surrounding breath testing results. Above was an excerpt from the book "101 DUI Defenses 101 DEFENSES TO BEAT YOUR ARIZONA DUI ©" written by James Novak, Arizona DUI and Criminal Defense Attorney. For more DUI defenses, the abridged version of this E-book can be downloaded free by visiting www.arizonacriminaldefenseattorney.com.

Continue reading "DUI DEFENSE TEMPE AZ - CHALLENGING BREATH TEST RESULTS" »

December 11, 2010

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

All criminal courts in Arizona have standards of etiquette one must follow when attending. Below are the standards adopted by Scottsdale City Court which is the

Scottsdale Municipal Court:
1 All weapons of any kind are prohibited in the Phoenix Municipal Court building.
2 Eating, drinking, gum chewing, and creation of any noise or disruption are prohibited in the courtroom.
3 Arrive early in advance to the designated courtroom on your scheduled date and time.
4 Sit quietly while in the courtroom. No talking or whispering is allowed while Court is in session. Background noises may interfere with the quality of the recording by the court reporter and distract those involved in the proceedings.
5 All mobile devices such as phones, pagers, and the like should be turned off in the courtroom.
6 Be courteous and respectful in all areas of the building in and out of the courtroom.
7 Dress Code: Shoes and shirts are required to be worn. Clothing that displays offensive slogans or pictures are prohibited. Hats or caps must be removed before courtroom.
8 Smoking is prohibited by law in all areas inside the Court Buildings. (Designated smoking areas are available outside the building.)
9 Avoid bringing small children and infants into the Court room. If this is not possible for you, understand that parents may be asked to leave, or remove children from the courtroom if they become a disruption.
10 If you are a defendant, it is wise to make arrangement in advance of your court appearance, for the care of your children, if the unfortunate possibility exists that you may be booked into jail or incarcerated immediately following the court proceeding.

If you are unsure about a particular item or scenario that is prohibited or allowed, it is best to call in advance to avoid delays in the proceedings for which you plan or are required to attend. Below is Phoenix Municipal Court Address and Phone number:

300 West Washington Street
Phoenix, AZ 85003-2103
(602) 262-6421

Continue reading "10 - PHOENIX CITY COURT STANDARDS" »

December 11, 2010

Mesa Criminal Defense and Criminal Rights

"Early retention of a good Mesa criminal lawyer, to defend you through the Arizona Criminal Justice System for charges of Unlawful Discharge of Firearm Charges is one of the keys to enable your criminal defense attorney to mounting an effective defense on your behalf."

Unlawful Discharge of Firearm Charges Mesa AZ
Sentencing for Unlawful Discharge of Firearm Charges convictions in Mesa, AZ, 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 Mesa police are well known for their ability to find and arrest those who discharge a firearm within city limits. Some cities in Maricopa County 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
If you were arrested or charged with Unlawful Discharge of a Firearm in Mesa AZ your charges will be governed by the laws of the State of Arizona. 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 Mesa, AZ for Unlawful Discharge of a Firearm include 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. If someone is harmed, injured, or killed due to the unlawful discharge of the sentencing is extremely severe, and include lengthy prison terms, and negatively life altering consequences.

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 Mesa Arizona and Maricopa County.

Mesa 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 Mesa criminal attorney will substantially increase your chance of getting you the best possible outcome in your case. Early retention of a good Mesa criminal lawyer, to defend you through the Arizona criminal justice system 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 Attorney Mesa AZ " »

December 10, 2010

DEFENDING DISORDERLY CONDUCT CHARGES IN MESA AZ

Defenses Tactics used by the Best Disorderly Conduct Attorneys in Mesa Court to Fight Disorderly Conduct Charges

Disorderly Conduct Charges Mesa, AZ
Mesa Arizona Disorderly conduct charges are also known as "disturbing the peace". If you have been arrested or charged with any disorderly conduct charges in Mesa, AZ, you should consult an Arizona criminal defense attorney or disorderly conduct defense attorney who defends cases in Mesa Court as soon as possible. You will be able to discuss your charges and defense options. Most Mesa criminal defense attorneys will provide a free consultation.

Some of the best disorderly conduct Attorneys in Arizona agree that this offense is over used and is often charged when the Mesa police when they can't find anything else to charge you with, and they are annoyed with you. From a defense standpoint, most criminal defense and disorderly conduct defense attorneys in Scottsdale find that most of facts of the alleged "disorderly conduct" are over stated or exaggerated by law enforcement or police who arrested or charged you for disorderly conduct.

There are a number of behaviors that the Mesa AZ Police view as disruptive behavior and that will lead to charges or arrest for disorderly conduct in Mesa, AZ. These can include, but are not limited to the following intentional acts: Fighting with others or engaging in combative behavior; Making "unreasonable" noise; Cursing, loud, abusive, or offensive language to another person for the purpose of provocation or other reason; Engaging in behavior that disrupts business operations; Refusing to leave an area as directed by officials (for instance: the scene of a fire or emergency); Recklessly handling, or displaying a firearm or other dangerous weapon to intentionally provoke, intimidate, or make someone fear that harm to them is imminent.

Mesa AZ Disorderly Conduct Laws
If you were charged or arrested in Mesa Arizona, your charges will fall under the authority of the Arizona laws.
Disorderly Conduct in Arizona can be found beginning under Revised Statutes - A.R.S. Arizona Disorderly Conduct Law "ARS 13-2904. Disorderly conduct; classification".

Disorderly Conduct Penalties in Mesa Arizona
Generally a disorderly conduct misdemeanor charge is categorized as a Class 1. A Class 1 misdemeanor is the highest level of misdemeanor (just below a felony) under Arizona Law. Sentencing may include up to 6 months incarceration in prison, and fines of $2,500.

Depending on the circumstances, a basic, disorderly conduct charge with no aggravated factors do not justify punishments of the maximum sentence. However, no any disorderly conduct conviction may include jail time, probation, fines, fees, and other penalties the judge deems appropriate including counseling and community service.
Disorderly conduct charges that include use of a firearm or other dangerous weapon will elevate the charge to a class 6 felony.

Felony disorderly conduct convictions carry a maximum punishment of one year in prison. You would also possess a criminal record which labels you as a convicted felon. Penalties less than the maximum may include jail, probation, fines, fees, counseling, and other penalties the Arizona judge deems necessary based on your circumstances.

Disorderly Conduct Defenses used in Mesa AZ
Below are just some defense strategies that a criminal defense attorney who defends disorderly conduct charges in the Mesa Arizona Court may use to build your defense case. This list is not all inclusive:

1)You were attempting protect someone against harm or injury, who was unable to protect themselves;

2) Wrong person charged - This often applies when groups of people are involved or multiple persons are involved in gatherings such as civil assemblies that turn violent)

3) No witnesses, no evidence, no video, audio, or other evidence to prove you displayed disorderly conduct;

4) You acted under threat, provocation or intimidation;

5) The evidence, audio or video disproves or contradicts police allegations

6) Police brutality;

7) No other justifiable reason for charges, other than the police officer was annoyed with you;

8) You were exercising your right to "free speech" under the Constitution in an approved location, in an appropriate, orderly and peaceful fashion;.

9) The police were not aware you suffer from a physical or mental impairment that caused you to appear to have "a bad attitude", with no proof or other justification;

10) Actions were in self - or in defense, defense of home, property, or family

11) Violations of Your Arizona State or U.S. Constitutional Rights;

12) Objective witness statements overwhelmingly contradict the police officers statements;

13) The police officer has a history of disciplinary actions in similar circumstances.

14) Someone else started the altercation;

15) your actions were not committed "with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so..." as required by A.R.S. 13-2904. Disorderly conduct; classification..."

Mesa AZ Disorderly Conduct Attorney
An experienced Mesa AZ criminal defense or disorderly conduct attorney will conduct a thorough investigation of all the facts to determine if the charge was justified or not. In many cases there will be flaws or weaknesses in their case. This offense is often used as a "catch all" excuse for the police to subdue, charge, or arrest you. It is usually very subjective in nature.

As a result, a good Arizona disorderly conduct or criminal defense lawyer in Mesa Arizona will attempt to find flaws and weaknesses in the prosecution's case, and present compelling arguments in your defense. Retaining an experienced Arizona disorderly conduct attorney will greatly increase your chances of getting your disorderly conduct charges dismissed, reduced, or otherwise the best outcome in your case.

Continue reading "Mesa AZ Disorderly Conduct Laws, Penalties and Defenses " »

December 9, 2010

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

As a citizen you have certain protected constitutional rights both under Federal and Arizona State Law. The fact that you were arrested does not change that. In fact, your constitutional rights were violated before, during, or after your arrest, a good DUI or criminal defense attorney will present a compelling argument that could lead to a dismissal of your criminal or DUI charges in Arizona, a reduction of charges, or evidence against you suppressed. Below at least 5 constitutional rights, that if violated by the Arizona Police or law enforcement agency that will effect the outcome of your case and weaken the ability for the prosecution to convict you of a crime or DUI charges:

1) Failure to Read your Miranda Rights: The police must read your Miranda Rights, sometimes known as Miranda warnings, at the time of your arrest. If they did not, the Arizona Prosecutor may not use the statements as evidence against you that you made while you were in custody.

2) Improper Stopping of your Vehicle for Documents Check: Unless a DUI stop
was at a pre-arranged DUI sobriety checkpoint in Arizona, the police must have a legal, justified reason to stop you and ask for your Driver's License and Auto Registration. An actual traffic violation or valid suspicion that a crime is in progress or was committed must exist for the police to stop and ask for these documents.

3) Stopping your Vehicle for a Misperceived Violation of the Law: It is not uncommon for a driver to complete a driving maneuver that was safe and legal, but the police officer did not believe it was. Police can make mistakes too. The officer's interpretation of the law must be correct regarding that particular driving action. The traffic signals, street signs, barriers, and lane markers must comply with the Manual for Uniform Traffic Control Devices.

4) Illegal Search: The police must have a justifiable reason to search you or your vehicle. They are prohibited from searching a person or auto for a minor traffic violation without your consent. Otherwise a search warrant is required by the officer. Evidence found illegally, without your consent or search warrant can be suppressed by an experienced AZ DUI or Criminal defense attorney. By filing the proper motions and presenting compelling argument on your behalf, the evidence may be suppressed or charges dismissed.

5) Denial of your Right to Counsel: You must not be denied or unjustifiably delayed the right to defense counsel in absence of a valid reason. If you were arrested, the police must allow you the opportunity at the earliest possible time to consult with an Arizona DUI or criminal defense attorney. Otherwise, this could lead to evidence being suppressed or charges dismissed.

For more criminal defense or DUI defense tips, free videos, and free dui defense books, visit http://www.arizonacrimialdefenselawyer.com

Continue reading "5 CONSTITUTIONAL RIGHTS VIOLATIONS - ARIZONA DUI DEFENSES " »

December 9, 2010

Assault Defenses Scottsdale, AZ

"Once the Scottsdale 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 Scottsdale, AZ."

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

Criminal and DUI charges in Scottsdale AZ are governed by the rule of law of the State of Arizona. Arizona law differentiates assault charges into two main classifications:

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

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

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

Misdemeanor Assault Laws in Scottsdale AZ:
A misdemeanor assault in Scottsdale includes but is not limited to the following:
1) Intent to harm or subject a another person to fear of being harmed;
2) It may include actual physical injury or contact with intent of causing physical injury;
3) Provocation;
4) Causing another person to reasonably feel that physical injury in imminent.
The Arizona prosecution bears the burden of proof that a defendant's actions were intentional, and purposeful. Misdemeanor assault penalties in Scottsdale 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 Scottsdale AZ:
Felony or aggravated assaults in Scottsdale, AZ, are far more serious than misdemeanor assaults. Additional aggravating factors exist that elevate a misdemeanor assault charges to an "aggravated" or "felony" assault charge. Here are some examples of aggravating factors. (This list is not all inclusive):

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.

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

You should resist the temptation to "tell your side of the story". Once the Scottsdale police have decided to arrest you for assault charges, they rarely if ever change their mind. It would be wise to exercise your constitutional rights to remain silent and retain a criminal defense or assault defense lawyer to defend your assault charges in Scottsdale, AZ. You may unknowingly harm your case verbally or by actions that you take. Instead contact a good Scottsdale criminal defense attorney or assault defense lawyer who defends assault charges frequently in Scottsdale Court.

A qualified criminal defense 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 "Scottsdale Criminal Lawyer | Assault Charges in Arizona " »

December 8, 2010

TEMPE ATTORNEY ROBBERY AND ARMED ROBBERY DEFENSE TACTICS

How High Rated Tempe Criminal Defense Attorneys Fight Your Tempe AZ Robbery and

Armed Robbery Charges
Tempe Robbery or Armed Robbery Charges

Tempe robbery and armed robbery offenses are prosecuted very aggressively. If you were charged or arrested in Tempe, AZ for robbery or armed robbery you should consult an experienced Arizona criminal defense attorney who defends cases in the Tempe Court criminal justice system frequently to defend your charges.

The difference between burglary and robbery is that the act of burglary is an offense of forced entry or unlawful entering a building, residence, business or vehicle with the intent to commit or comment a felony theft within the structure.

Robbery on the other hand is when the accused uses force, intimidation, or fear as a means of taking property from someone.
Armed Robbery is the same as robbery, with the added factor of the accused being armed with a weapon such as a firearm, or other weapon to gain control of the property from a person or place. It is important to understand, however, that many objects can constitute a weapon and fall within the category of "armed robbery". For example a broken glass bottle, a baseball bat, knife, or other objects which are made or intended for other purposes.

Tempe Robbery or Armed Robbery Penalties in Arizona
Arizona Robbery and armed robbery charges must be taken serious. The penalties are severe and convictions treated with harsh sentencing by the Tempe courts.
If the crime is designated a "dangerous crime" as is the case if a dangerous weapon is involved or used, the judge will order mandatory prison terms if convicted. If e weapons are involved, someone is harmed, or even imminent threat of harm occurred, penalties can be doubled form the normal non-dangerous felony sentence range. Robbery sentencing carries a wide minimum and maximum range from 1 year up to 21 years or more in prison depending on the circumstances of each criminal count charged for the incident. Other fines, fees, restitution, or any other punishments the court deems necessary on top of minimum penalties may apply.

Arizona Laws -Robbery and Armed Robbery
Arizona Revised Statutes (A.R.S.) Title 13, Chapter 19, Robbery begins with the following citations:

A.R.S. §13-1901 Definitions:
In this chapter, unless the context otherwise requires: 1. "Force" means any physical act directed against a person as a means of gaining control of property. 2. "In the course of committing" includes any of the defendant's acts beginning with the initiation and extending through the flight from a robbery. 3. "Property of another" means property of another as defined in section 13-1801. 4. "Threat" means a verbal or physical menace of imminent physical injury to a person.

A.R.S. §13-1902. Robbery; classification
A. A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will; such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property. B. Robbery is a class 4 felony.

A.R.S. §13-1903 Aggravated Robbery
A. A person commits aggravated robbery if in the course of committing robbery as defined in section 13-1902, such person is aided by one or more accomplices actually present. B. Aggravated robbery is a class 3 felony.

A.R.S. §13-1904 Armed Robbery
A. A person commits armed robbery if, in the course of committing robbery as defined in section 13-1902, such person or an accomplice: 1. Is armed with a deadly weapon or a simulated deadly weapon; or 2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon. B. Armed robbery is a class 2 felony.

Arizona Robbery or Armed Robbery Defense Tactics | Criminal Defense Attorney AZ
If you are under investigation, been arrested, have active charges of Robbery or Armed Robbery in Arizona, you should immediately consult an Arizona criminal defense or Arizona Robbery or Armed Robbery lawyer to discuss your situation and defense options. You should not discuss your case the police or investigators before consulting a good criminal defense attorney or Robbery or Armed Robbery lawyer in Arizona. Anything you say can be held against you and jeopardize your defense. You should remain silent and politely request to speak with your criminal attorney as soon as possible.

Top Arizona criminal attorneys or Robbery or Armed Robbery defense Attorneys may use a multitude of defenses depending on the circumstances surrounding your Tempe robbery charges or arrest. Below are just a few examples of defenses a good Tempe criminal attorney might use as tactical defense strategies for robbery charges (This list is not inclusive):

• There are generally only a few witnesses to a robbery or armed robbery if any besides the victim. A good robbery or armed robbery defense attorney will challenge the State and make them prove the identity of their suspect, and thus be able to weaken the Tempe prosecution's case against you.

• You have constitutional rights under both State and Federal Law. If any of them were violated, evidence may be suppressed or even lead to charge dismissal.

• Experienced Attorneys, particularly former prosecutors, have critical insights into police procedures, protocol, prosecution tactics and strategies that may be used by police and prosecutors. Those attorneys will be able to use that knowledge to assist in defending your case, getting evidence dismissed, charges reduced, or robbery charges dismissed if proper procedures were not followed or misconduct by police occurred.

• Experienced robbery defense attorneys will challenge evidence such as surveillance tapes to with regard to whether or not it was in fact the right person arrested.

In sum, robbery or armed robbery charges in Tempe are dangerous to go at alone and try to defend yourself. In theory, the law is that you are innocent until proven guilty. But in practicality, without a good Tempe criminal defense attorney, the criminal justice system will not look for your innocence, flaws in the prosecutions case, see strength in your arguments, or provide you will any empathy or favor. Conviction is imminent.

The job of the Tempe prosecution on behalf of the state of Arizona is to convict you, not help you. With an experienced criminal defense attorney or robbery defense lawyer you will have a voice that is heard in the system, with compelling arguments, defense strategies, and an increased chance of getting your robbery charges dismissed, reduced, or otherwise the best outcome in your case.

Continue reading "TEMPE ROBBERY CHARGES | ROBBERY LAWS | PENALTIES" »

December 7, 2010

Ways Mesa AZ DUI Attorneys Defend DUI

Field Sobriety Tests Defenses

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

The Big Secret Mesa Police Don't Want You to Know
One thing Mesa Police do not usually offer to tell you is that Field Sobriety Testing is
not required under Arizona Law. You have the right to refuse. Some of the best AZ DUI attorneys disagree on whether or not you should agree to take them or refuse. The reason is that if you decline, the Mesa police may arrest you and take you into custody on the spot. Some DUI Attorneys will advise you to take them and let your DUI Attorney challenge the results through the proper legal channels. The choice is yours. Depending on your circumstances, you must make a choice, at the time of the stop. But at least you will know the risks of either choice.

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

Interestingly, studies have shown that even persons unimpaired by drugs or alcohol may perform "poorly" depending on many factors which include but are not limited to stress, intimidation, motor skill capability, fatigue from work, medical impairments and many other factors. Just one more justification as to why they are often challenged by experienced DUI Layers who defend cases in Mesa. The actual purpose for the FST is to use it as a preliminary resource, for the officer to make a decision as to whether or not additional DUI or Drug testing is needed. It was never intended to bear the sole weight of convicting you in a court of law of a Gilbert DUI. However, the Gilbert Court and Prosecution will attempt to place more emphasis on the FST evidence if the police report that you performed poorly on the FST.

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

• YOU WERE AT A DISADVANTAGE OF PERFORMING THE TESTS ACURATELY DUE TO UNFAVORABLE ROADSIDE CONDICTIONS, INCLUDING BY NOT LIMITED TO SUCH THINGS AS INCLIMATE WEATHER, HEAVY TRAFFIC, UNLEVEL GROUND, OR OTHER ENVORNMENTAL OR LANDSCAPING ASPECTS THAT WOULD ADVERSELY IMPACT THE RESULTS.

• ACCORDING TO MEDICAL EXPERTS, THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS. THE TEST MUST BE PERFORMED UNDER SPECIFIED CONDITIONS THAT ARE SIMPLY NONEXISTENT IN A ROAD SIDE ENVIORNMENT. A MAIN CONDITION IS A SPECIFIC TYPE OF LIGHTING THAT MUST EXIST OR BE USED.

• THE POLICE TESTED YOU DISPITE THE FACT THAT YOU WERE AN INAPPROPRIATE CANDIDATE FOR ROADSIDE TESTING UNDER NHTSA STANDARDS. SOME ISSUES THAT MAY DISQUALIFY A PERSON TO BE AN UNFAVORABLE CANDITATE, INVOLVE ISSUES SUCH AS WEIGHT, MEDICAL IMPAIRMENTS, AGE, AND MANY OTHER FACTORS THAT MAY CONTRIBUTE TO INACCURATE OR POOR RESULTS.
• FIELD SOBRIETY TESTS NOT RECOGNIZED BY NHTSA ARE INVALID AND CAN NOT BE USED AGAINST YOU.

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

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

• YOU PERFORMED POORLY BECAUSE YOU WERE BEING MISTREATED, ABUSED OR FELT INTIMDATED BY THE POLICE.

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

These are just a few arguments of many that an AZ DUI Attorney can use to challenge the Field Sobriety Test results that lead to your Mesa DUI charges. You should consult a good Mesa DUI attorney who defends DUI cases frequently. Many of the best AZ DUI attorneys who defend Gilbert DUI cases are not only affordable, but they offer Free Consultations if you have been charged with a Gilbert DUI or criminal offense.

Challenging evidence and utilizing defenses requires your DUI Attorney to have the roper training, education, litigation and defense experience, needed to be effective and successful in defending your case, FST is just one of many areas of multitudes of issues surrounding your DUI that can be challenged in an effort for your Attorney to fight to get your Mesa DUI dismissed, charges reduced, evidence suppressed or the otherwise best possible outcome in your case.

Continue reading "Mesa Arizona DUI " »

December 6, 2010

DEFENDING DISORDERLY CONDUCT CHARGES

Defenses Strategies Top Rated Disorderly Conduct Attorneys in Scottsdale use to fight your disorderly conduct charges

Disorderly Conduct Charges Scottsdale, AZ
Scottsdale Disorderly conduct charges are also known as "disturbing the peace". If you have been arrested or charged with any disorderly conduct charges in Scottsdale, AZ, you should consult an Arizona criminal defense attorney or disorderly conduct defense attorney who defends cases in Scottsdale Court as soon as possible. You will be able to discuss your charges and defense options. Most Scottsdale criminal defense attorneys will provide a free consultation.

Some of the best disorderly conduct Attorneys in Arizona agree that this offense is over used and is often charged when the Scottsdale police when they can't find anything else to charge you with, and they are annoyed with you. From a defense standpoint, the facts of the alleged "disorderly conduct" is over stated or exaggerated by law enforcement or police who arrested you or charged you for it.

There are a number of behaviors that the Scottsdale Police view as disruptive behavior and that will lead to charges or arrest for disorderly conduct in Scottsdale, AZ. These can include, but are not limited to the following intentional acts: Fighting with others or engaging in combative behavior; Making "unreasonable" noise; Cursing, loud, abusive, or offensive language to another person for the purpose of provocation or other reason; Engaging in behavior that disrupts business operations; Refusing to leave an area as directed by officials (for instance: the scene of a fire or emergency); Recklessly handling, or displaying a firearm or other dangerous weapon to intentionally provoke, intimidate, or make someone fear that harm to them is imminent.

The disturbance may be reported to the Scottsdale police by family, friends, co-workers, groups, neighbors, business owners, business patrons, or other entity. In many cases, the police are already on the scene for another matter, or other violations, and simply become annoyed with you.

Scottsdale Disorderly Conduct Laws
If you were charged or arrested in Scottsdale Arizona, your charges will fall under the authority of the Arizona laws.

Disorderly Conduct in Arizona can be found beginning under Revised Statutes - A.R.S. Arizona Disorderly Conduct Law "ARS 13-2904. Disorderly conduct; classification".

Scottsdale Disorderly Conduct Penalties
Generally a disorderly conduct misdemeanor charge is categorized as a Class 1. A Class 1 misdemeanor is the highest level of misdemeanor (just below a felony) under Arizona Law. Sentencing may include up to 6 months incarceration in prison, and fines of $2,500.

Depending on the circumstances, a basic, disorderly conduct charge with no aggravated factors do not justify punishments of the maximum sentence. However, no any disorderly conduct conviction may include jail time, probation, fines, fees, and other penalties the judge deems appropriate including counseling and community service.
Disorderly conduct charges that include use of a firearm or other dangerous weapon will elevate the charge to a class 6 felony.

Felony disorderly conduct convictions carry a maximum punishment of one year in prison. You would also possess a criminal record which labels you as a convicted felon. Penalties less than the maximum may include jail, probation, fines, fees, counseling, and other penalties the Arizona judge deems necessary based on your circumstances.

Scottsdale AZ Disorderly Conduct Defenses
Below are just some defense strategies that a criminal defense attorney who defends disorderly conduct charges in the Scottsdale Arizona Court may use to build your defense case. This list is not all inclusive:

1)You were attempting protect someone against harm or injury, who was unable to protect themselves;

2) Wrong person charged - This often applies when groups of people are involved or multiple persons are involved in gatherings such as civil assemblies that turn violent)

3) No witnesses, no evidence, no video, audio, or other evidence to prove you displayed disorderly conduct;

4) You acted under threat, provocation or intimidation;

5) The evidence, audio or video disproves or contradicts police allegations

6) Police brutality;

7) No other justifiable reason for charges, other than the police officer was annoyed with you;

8) You were exercising your right to "free speech" under the Constitution in an approved location, in an appropriate, orderly and peaceful fashion;.

9) The police were not aware you suffer from a physical or mental impairment that caused you to appear to have "a bad attitude", with no proof or other justification;

10) Actions were in self - or in defense, defense of home, property, or family

11) Violations of Your Arizona State or U.S. Constitutional Rights;

12) Objective witness statements overwhelmingly contradict the police officers statements;

13) The police officer has a history of disciplinary actions in similar circumstances.

14) Someone else started the altercation;

15) Your actions were not committed "with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so..." as required by A.R.S. 13-2904. Disorderly conduct; classification..."

Scottsdale Disorderly Conduct Attorney
A good Scottsdale AZ criminal defense or disorderly conduct attorney will conduct a thorough investigation of all the facts to determine if the charge was justified or not. In many cases there will be flaws or weaknesses in their case. This offense is often used as a "catch all" excuse for the police to subdue, charge, or arrest you. It is usually very subjective in nature.

As a result, a good Arizona disorderly conduct or criminal defense lawyer in Scottsdale Arizona will attempt to find flaws and weaknesses in the prosecution's case, and present compelling arguments in your defense. Retaining an experienced Arizona disorderly conduct attorney will greatly increase your chances of getting your disorderly conduct charges dismissed, reduced, or otherwise the best outcome in your case.

Continue reading "Scottsdale Disorderly Conduct Laws, Penalties and Defenses " »

December 5, 2010

Arizona Criminal Justice Arizona | Phoenix DUI Defense

By: James Novak, Phoenix DUI & Criminal Defense Lawyer

A bail bond is also known as an Appearance Bond. If you were arrested in Phoenix Arizona, or anywhere in Maricopa County, you may be required to post bond in order to be released. If you have been arrested for any DUI or criminal defense in Maricopa County, you should contact an experienced Attorney to discuss your charges, bond, and defense options. Here are some frequent questions and answers for general information concerning Arizona bail bonds:

Q. What is a bail bond?
A. A bail bond allows the defendant who was arrested to be released, with the purpose of guaranteeing they will appear in court at a later time and date specified by the Arizona Court.

Q. Is a bail bond required for all Arizona DUI or Criminal charges arrests?
A. No. Under certain situations the court will release a defendant without requiring bond be posted. This is called a release on you "Own Recognizance". Also, a defendant may be released upon another person's promise to ensure the appearance of the defendant in court later. This is known as a "Third Party Release".

Q. Who can post bond?
A. Anyone. Bail bond companies do this as well. The bond poster is responsible for the full amount of the bond if the defendant fails to appear or violates release conditions ordered by the court.

Q. What happens if the defendant fails to appear?
A. The Phoenix court will schedule a bond forfeiture hearing and all parties involved will be notified of time and date. Common outcomes include 1. The bond is forfeited, 2. An Arrest Warrant is issued for the defendant and 3. The court may occasionally allow the defendant another chance to appear.

Q. If bond remains forfeited, can the bond poster get their money back?
A. No. Once ordered by the Phoenix Judge, the bond is now owned by the Phoenix, Maricopa County, or the State of Arizona.

Q. What happens if the defendant appears as ordered?
A. There are a number of things that can happen from here:

1) The court may order the bond be exonerated to the bond poster.
Once the Phoenix Judge allows clearance the court refunds a
Bond to the bond poster, or clearance given to the bond posting company
Who initiates release of collateral.

2) If the defendant posted the bond themselves, the court the court may order that
The bond be kept to pay fines, fees, surcharges or restitution depending on
the circumstances.

3) The same as two above applies if someone else posted bond on the defendant's
behalf, however, the third party must agree to it.

4) The Phoenix Court may order the bond to remain if effect until the next court
Appearance if required.

Continue reading "MARICOPA COUNTY ARIZONA BAIL BONDS " »

December 5, 2010

Why You Should Retain a Good DUI Attorney after a DUI Arrest in Arizona
"The best Arizona DUI lawyers begin defending your case with the thought process of building defense strategies that will lead to getting your Arizona DUI dismissed."

Arizona DUI Charges
Arizona has earned the reputation for being one of the toughest states on DUI charges in the country. The DUI laws are strict and penalties severe. If charged or arrested for an Arizona DUI, you should contact an Arizona DUI Lawyer as soon as possible. Even for first time offenders, the penalties are designed to "teach a lesson" so that the defendant will avoid a repeat offense and to get the word out, that Arizona has zero tolerance for those driving "impaired to the slightest degree" or who may be drunk driving in Arizona due to alcohol or drugs.

Penalties for convictions of first time, misdemeanor DUI in Arizona, depending on the circumstances may include mandatory jail time, suspension of driver's license, fines, fees, probation, mandatory counseling, and court ordered interlock devices on your vehicle to be installed at your expense.

Arizona Felony DUI or Aggravated DUI, charges can include lengthy prison terms, suspension of driver's license, exorbitant fines, fees, probation, mandatory counseling at your cost, and court ordered interlock devices on your vehicle to be installed at your expense. The Arizona Courts are especially harsh on repeat offenders and Arizona penalties reflect this.

Arizona DUI Attorney
Many people make the common mistake of trying to seek counsel of a friend regarding their DUI who is not a licensed Arizona DUI or criminal Defense Attorney in Arizona. Resist this temptation. They are not walking in your shoes. They were not arrested. They will rarely know the Arizona DUI laws inside and out, current legislation, changing laws, defense strategies, and be experienced in defending cases in the Arizona criminal justice system. They will not bear the consequences of your DUI charges if they are not properly defended by a qualified DUI lawyer in Arizona.

After an arrest for drunk driving, or DUI with drugs or medication, you should consult an attorney as soon as possible, to discuss your charges and defense options. Be sure that the Arizona DUI lawyer is experienced and defends cases often in the jurisdiction or city where you were arrested and received formal DUI charges or criminal charges. For example if you were arrested in Mesa Arizona, by Mesa Police, but you reside in Phoenix AZ, your DUI charges will be filed in Mesa Arizona, and your case will be heard through the Mesa AZ City Court. Make sure your DUI attorney defends DUI or criminal charges frequently in Mesa Arizona. It will benefit your defense if your DUI Lawyer is familiar with the court system, prosecution, and judges to hear DUI cases on a daily basis in Mesa AZ through the criminal justice system.

Arizona DUI Defenses
The best Arizona DUI lawyers begin defending your case with the thought process of building defense strategies that will lead to getting your Arizona DUI dismissed. That is where a good Arizona DUI Defense Attorney starts. They will base their decisions on how and what defenses to utilize based on the individual circumstances surrounding your case. Top DUI defense Attorneys in Arizona will know when and how to present their compelling arguments in your favor to get your charges dismissed. Depending on the strength and/or weakness of the prosecutions case, your AZ DUI attorney will examine the evidence, to determine if any evidence can justifiably be suppressed (not used against you). If the charges can not be dismissed, they will then attempt to negotiate with the prosecution a way of getting the charges reduced to a lesser charge, for example: a criminal charge down to a non-criminal charge, a felony to a misdemeanor, an extreme DUI to a non-extreme DUI and reduce the DUI penalties against you. In other words, in absence of being able to get the Arizona DUI charges dropped, a good AZ DUI defense attorney will make every effort to get the best possible outcome in your case.

Continue reading "Arizona DUI Arrest | Arizona DUI Defense " »

December 4, 2010

Phoenix DUI Lawyer | Criminal Rights Phoenix AZ

Article by: James Novak, Phoenix DUI and Criminal Defense Attorney

If were arrested for a Phoenix DUI or Criminal Charges in Phoenix, or other cities within Maricopa County, sometimes you will learn your Initial Appearance Hearing was "scratched" from the docket. People often want to know if the charges are gone for good or if they can be brought later.

After a person is arrested, the County Attorney reviews the police report and evidence and decides of formal charges should be filed in Phoenix Court. If the Maricopa County Attorney does not file a complaint or charges with the court within 48 hours of your arrest and initial appearance hearing, then the hearing is "scratched". It can mean a number of things have occurred including but not limited to the following:

1) The Phoenix Criminal Charges will not be filed.

2) If the charges are filed, the Maricopa County Attorney will ask for a summons to be delivered to the address you provided at the time you were arrested.

3) A warrant may be issued for your arrest.

4) The County Attorney may decide further investigation or evidence is needed to justify the filing of formal charges. They have 7 hears to file felony charges and one year to file misdemeanor charges.

If your case was scratched, for an unknown reason, and you move from the address you gave the police at the time of your arrest in the meantime, the County Attorney's Office asks that you notify them of your address change and provide them with your police report number (also called "DR number").

Continue reading "What it Means When Your Criminal Case is "Scratched" " »

December 4, 2010

DEFENDING DISORDERLY CONDUCT CHARGES IN TEMPE AZ

Defenses Tactics used by the Best Disorderly Conduct Attorneys in Tempe AZ to Fight Disorderly Conduct Charges

Disorderly Conduct Charges Tempe, AZ
Tempe Arizona Disorderly conduct charges are also known as "disturbing the peace". If you have been arrested or charged with any disorderly conduct charges in Tempe, AZ, you should consult an Arizona criminal defense attorney or disorderly conduct defense attorney who defends cases in Tempe Court as soon as possible. You will be able to discuss your charges and defense options. Most Tempe criminal defense attorneys will provide a free consultation.

Some of the best disorderly conduct Attorneys in Arizona agree that this offense is over used and is often charged when the Tempe police when they can't find anything else to charge you with, and they are annoyed with you. From a defense standpoint, most criminal defense and disorderly conduct defense attorneys in Scottsdale find that most of facts of the alleged "disorderly conduct" are over stated or exaggerated by law enforcement or police who arrested or charged you for disorderly conduct.

There are a number of behaviors that the Tempe AZ Police view as disruptive behavior and that will lead to charges or arrest for disorderly conduct in Tempe, AZ. These can include, but are not limited to the following intentional acts: Fighting with others or engaging in combative behavior; Making "unreasonable" noise; Cursing, loud, abusive, or offensive language to another person for the purpose of provocation or other reason; Engaging in behavior that disrupts business operations; Refusing to leave an area as directed by officials (for instance: the scene of a fire or emergency); Recklessly handling, or displaying a firearm or other dangerous weapon to intentionally provoke, intimidate, or make someone fear that harm to them is imminent.

Tempe AZ Disorderly Conduct Laws
If you were charged or arrested in Tempe Arizona, your charges will fall under the authority of the Arizona laws.

Disorderly Conduct in Arizona can be found beginning under Revised Statutes - A.R.S. Arizona Disorderly Conduct Law "ARS 13-2904. Disorderly conduct; classification".

Disorderly Conduct Penalties in Tempe Arizona
Generally a disorderly conduct misdemeanor charge is categorized as a Class 1. A Class 1 misdemeanor is the highest level of misdemeanor (just below a felony) under Arizona Law. Sentencing may include up to 6 months incarceration in prison, and fines of $2,500.

Depending on the circumstances, a basic, disorderly conduct charge with no aggravated factors do not justify punishments of the maximum sentence. However, no any disorderly conduct conviction may include jail time, probation, fines, fees, and other penalties the judge deems appropriate including counseling and community service.
Disorderly conduct charges that include use of a firearm or other dangerous weapon will elevate the charge to a class 6 felony.

Felony disorderly conduct convictions carry a maximum punishment of one year in prison. You would also possess a criminal record which labels you as a convicted felon. Penalties less than the maximum may include jail, probation, fines, fees, counseling, and other penalties the Arizona judge deems necessary based on your circumstances.
Disorderly Conduct Defenses used in Tempe AZ
Below are just some defense strategies that a criminal defense attorney who defends disorderly conduct charges in the Tempe Arizona Court may use to build your defense case. This list is not all inclusive:

1)You were attempting protect someone against harm or injury, who was unable to protect themselves;

2) Wrong person charged - This often applies when groups of people are involved or multiple persons are involved in gatherings such as civil assemblies that turn violent)

3) No witnesses, no evidence, no video, audio, or other evidence to prove you displayed disorderly conduct;

4) You acted under threat, provocation or intimidation;

5) The evidence, audio or video disproves or contradicts police allegations

6) Police brutality;

7) No other justifiable reason for charges, other than the police officer was annoyed with you;

8) You were exercising your right to "free speech" under the Constitution in an approved location, in an appropriate, orderly and peaceful fashion;.

9) The police were not aware you suffer from a physical or mental impairment that caused you to appear to have "a bad attitude", with no proof or other justification;

10) Actions were in self - or in defense, defense of home, property, or family

11) Violations of Your Arizona State or U.S. Constitutional Rights;

12) Objective witness statements overwhelmingly contradict the police officers statements;

13) The police officer has a history of disciplinary actions in similar circumstances.

14) Someone else started the altercation;

15) your actions were not committed "with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so..." as required by A.R.S. 13-2904. Disorderly conduct; classification..."

Tempe AZ Disorderly Conduct Attorney
An experienced Tempe AZ criminal defense or disorderly conduct attorney will conduct a thorough investigation of all the facts to determine if the charge was justified or not. In many cases there will be flaws or weaknesses in their case. This offense is often used as a "catch all" excuse for the police to subdue, charge, or arrest you. It is usually very subjective in nature.

As a result, a good Arizona disorderly conduct or criminal defense lawyer in Tempe Arizona will attempt to find flaws and weaknesses in the prosecution's case, and present compelling arguments in your defense. Retaining an experienced Arizona disorderly conduct attorney will greatly increase your chances of getting your disorderly conduct charges dismissed, reduced, or otherwise the best outcome in your case.

Continue reading "Tempe AZ Disorderly Conduct Laws, Penalties and Defenses " »

December 3, 2010
Criminal Justice Article by: James Novak, Arizona DUI & Criminal Defense Attorney Arizona Drug penalties and sentencing laws can be found in A.R.S. Title 13 Chapter 34: DRUG OFFENSES 13-3401 to 13-3461. Penalties and Sentencing for drug charge convictions in Arizona rely on several factors: 1) How much of an illegal substance or controlled substance was found in your possession. 2) Type of drug involved and whether or not it was a "legal", "illegal", or "dangerous drug". Illegal and Dangerous drugs carry harsher penalties. 3) Whether the illegal drugs in your possession for personal use, possession with intent to distribute or sell. Possession of drugs with intent to sell or sell carries heavier penalties and sentencing than Arizona drug possession. 4) Repeat Drug offenses will contribute to more serious punishments. 5) Strength of the Arizona Prosecutions evidence and case against you. 6) Whether or not weapons were used as part of the drug offense. 7) Whether or not the charges involve manufacturing, cultivation or distribution. 8) Drug charges were part of multiple Arizona crimes offenses at the same time. 9) Prior criminal record. 10) Nature and location where the drug crime was committed (examples below): A. The involvement of violence B. The presence of minors C. Illegal Drugs or transaction was near a school

Continue reading "10 Factors an Arizona Court Judge Considers for Sentencing of Drug Convictions" »

December 3, 2010

CRIMINAL ATTORNEYS PHOENIX, AZ

"Retaining a good Phoenix AZ theft defense Attorney or criminal lawyer who defends theft charges in Phoenix 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".

Phoenix Theft Charges
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.

Theft Crimes in Phoenix 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 Phoenix AZ
Phoenix AZ 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.

Phoenix AZ Theft Penalties
The Phoenix 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;

Phoenix Theft Attorneys
The Phoenix AZ prosecution wants theft convictions. They are not there to help you defend your charges. Their role in the criminal justice system and Phoenix Court is to convict you. A qualified Phoenix theft attorney in Arizona or experienced Phoenix 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 Phoenix AZ theft defense Attorney or criminal attorney who defends theft charges in Phoenix 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 Phoenix theft charges.
For more criminal defense or DUI defense tips, free videos, and free dui defense books, visit http://www.arizonacrimialdefenselawyer.com

Continue reading "PHOENIX THEFT LAWS | CRIMINAL DEFENSE " »

December 2, 2010

By: James Novak, Tempe DUI & Criminal Defense Attorney

If you have been charged or arrested for any type of DUI in Tempe Arizona, there are many defenses and compelling arguments that an experienced Tempe DUI attorney can use to fight your DUI charges, depending on the facts of your DUI case. The specific defense may allow for a motion to dismiss or a motion to suppress certain evidence. Also, a presentation to the prosecutor may allow for a negotiated dismissal or reduction of the charges. The list below includes some categories to consider for your defense strategies, while in each category are numerous defenses which can be used to build and mount an effective defense on your behalf. The categories include but are not limited to the following:

1) INDEPENDENT STOPS AND ARRESTS

2) FIELD DUI SOBRIETY CHECKPOINT - ROADBLOCKS STOPS

3) POLICE OBSERVATIONS OF THE ACCUSED

4) FIELD SOBRIETY TESTS

5) BREATH, BLOOD AND URINE TESTS

6) SUFFICIENCY OF EVIDENCE DEFENSES

7) CONSTITUTIONAL RIGHTS VIOLATIONS

8) TRIAL DEFENSES

An abridged version of the free E-book "101 AZ DUI Defenses" © written by James Novak, Tempe AZ Criminal Defense and DUI lawyer can be downloaded
By visiting http://www.arizonacriminaldefenselawyer.com/

For more criminal defense or DUI defense tips, free videos, and free dui defense books, visit http://www.arizonacrimialdefenselawyer.com

Continue reading "8 TYPES OF TEMPE AZ DUI DEFENSES " »

December 2, 2010

Marijuana Sales Penalties, Defense

"A good Chandler Marijuana Criminal Defense Attorney will make sure your get you fair treatment in court; your constitutional rights are protected; minimize the impact the charges; challenge evidence for suppression, attempt to get charges reduced, and make every effort if possible to get your Marijuana Sales Charges dismissed."

If you were arrested in Chandler, AZ or face Marijuana (also called Pot, Cannabis, or Weed) sales charges in Chandler, you should consult a Marijuana defense lawyer or criminal defense attorney who defends cases in Chandler AZ courts frequently. Marijuana Sales convictions carry severe penalties in the State of Arizona. Sentencing and penalties for convictions are most severe for Marijuana Production, Manufacturing, Distributing, or Sales in Chandler, Arizona.

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

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

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

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

Marijuana Sales Penalties if convicted :
1. Sentencing begins with 1 ½ to 3 years in jail. Fines range from $750.00 to $150,000.00 for less than 2 lbs that you possess for sales or intent to sell.
2. Sentencing for conviction subject to 2 ½ to 7 years of jail time and fines ranging from $750-$150,000.00 for Marijuana sales for 2lbs to 4 lbs in your possession for sale or intent to sell conviction.
3. Sentencing for anything over 4 lbs., conviction include 4 to 10 years of jail. Fines range from $750-$150,000.00 for Marijuana sales or intent to sell in your possession conviction.

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

A good private practice criminal defense or drug defense attorney who defends cases frequently in Chandler will gather and examine evidence; conduct their own independent investigate; interview witnesses; utilize experts if necessary, find out if any of your constitutional rights were violated, and determine which of many defenses can be used based on the circumstances surrounding your charges. Most criminal attorneys, who defend drug charges in Chandler AZ, provide a free consultation. You have nothing to lose, and everything to gain from a free consultation. Think of it as your first step to fighting for your freedom and getting a second chance.

Continue reading "MARIJUANA LAWYER " »

December 1, 2010

How to Hire a Good Gilbert Arizona DUI Lawyer

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

If you have been arrested for a DUI in Gilbert Arizona, you already know Arizona has some of the toughest DUI laws in the Country. Gilbert Arizona is very aggressive when it comes to DUIs. One of the most important priorities for Gilbert Police are finding, and arresting DUI - DWI drivers, and getting convictions. They have specialized trained motorcycle police teams to do just that. Their laws fall within the criminal code of Arizona DUI laws that carry severe punishments and sentencing for a DUI conviction. Even for a first time Gilbert DUI arrest, you will need a strong and experienced Gilbert Arizona criminal defense attorney to fight for you. It is easy to find any DUI Attorney in Gilbert Arizona. But it is not so easy to find a good Gilbert DUI Lawyer or one of the best Criminal Defense Attorneys to defend you, who defend cases frequently in Gilbert Arizona Courts.

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

Choosing a DUI Lawyer to defend your DUI charges may be one of the most important decisions you will ever face. Below are some questions you should get answers to, before making a decision as to which Attorney you will hire to defend your case. These excerpts are cited in Winning Defense Strategies Book Series "#1 Arizona DUI Defense", written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak:

• Who will actually be my DUI Attorney?
• Have you met that Attorney before your court date?
• Does my DUI attorney defend DUI and Criminal cases exclusively?
• Will you be the lawyer who is actually handling my case?
• Who is doing all the investigation on my case? Will you be the lawyer who shows up to court with me?
• Will you be switching lawyers on me?
• Can I meet my assigned lawyer before I agree to hire your firm?
• Will I be able to speak to you if I have a question or concern?
• What is it going to Cost?
• What is Your Experience?
• What background do you have that qualifies you to handle my case?
• Have you ever been a prosecutor? If so, where, and for how long?
• What training do you have with the issues involved in my case?
• How many cases like mine have you handled?
• How often do you handle this specific type of case?
• How often do you deal with this particular prosecutor?
• How often do you appear in this court?
• How often do you appear before this particular Judge?
• What is your current caseload?
• How long should I expect to wait to hear back from you if I have to leave a message for you?

Maximum penalties allowed by Arizona DUI law can have a devastating impact on your life, family, and future. A good Arizona Attorney will make sure you get a fighting chance, and make sure your constitutional rights have not been or will not be violated. An experienced Gilbert Arizona DUI Defense Attorney, who defends DUI cases frequently in Gilbert AZ, can mean the difference between a conviction or total dismissal, or reduction your criminal or DUI charges.

Continue reading "Gilbert DUI Attorney" »