January 2011 Archives

January 31, 2011

CRIMINAL DEFENSE FOR ROBBERY CHARGES ARIZONA

How Top Rated Criminal Attorneys Defend Robbery and Armed Robbery Charges in Arizona

Arizona Robbery or Armed Robbery Charges
Arizona robbery and armed robbery offenses are prosecuted very aggressively. If you face active charges or were arrested in Arizona for robbery or armed robbery you should consult an experienced Arizona criminal defense attorney who defends cases in the Arizona Court as soon as possible 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.

All Arizona robberies or armed robberies are charged as felonies. A crime is considered a robbery when the accused uses force, intimidation, or fear as a means of taking control of certain 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. 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 may or may not have been made for its intended use as a weapon.

Robbery or Armed Robbery Penalties Arizona
Arizona Robbery and armed robbery charges must be taken serious. The penalties are severe and convictions treated with harsh sentencing in the Arizona courts.
If you are convicted of a "dangerous crime" (this is the case if a dangerous weapon is involved or used) the judge will order mandatory prison terms. If 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:

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.

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.

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.

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
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 Arizona robbery charges or arrest. Below are just a few examples of defenses a good Arizona 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 Arizona 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 Arizona are risky to go at alone as far as trying to defend your self without qualified criminal legal representation through the criminal justice system. In theory, the laws state that you are "innocent until proven guilty". But in practicality, without a good Arizona criminal defense attorney, the police and prosecution will not look for your innocence, flaws in the prosecutions case, see strength in your arguments, or bother to listen to your story without the formal defense of an Arizona Criminal Defense Attorney. The prosecutions job is to convict you. The judge will not provide empathy or favor. The judge will rarely if ever show you favor or empathy to dismiss your case. They must comply with the procedures and protocol required by standards in the Arizona Courts. They can only ruling on legal motions, presentation of legal arguments through recognized channels, or follow the jury verdict if trial ensues.

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 "Differences Between Burglary and Robbery" »

January 28, 2011

Defense Tactics used by experienced AZ DUI Attorneys to fight your DUI breath test results

Arizona DUI Charges
If you were arrested in Arizona or received AZ DUI charges you should contact an Arizona Criminal Defense or Arizona DUI lawyer to discuss your charges and defense options. Being charged with a DUI is just the beginning of a long and traumatic process. Your best chances of getting a good outcome or even a DUI dismissal is to retain a good DUI lawyer in Arizona. They will be able to determine what defense strategies may be used in your case.

Arizona DUI Defense Tactic

BREATH TESTING IS INACCURATE
Were you charged with a DUI based on one breath test result?
Virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much as +/- 10.0%. This could be increased due to other factors. Therefore, two breath tests must be conducted.
Arizona DUI Defenses

There are many DUI defense strategies that can be used to argue your AZ DUI case against the State and prosecution. This defense is just one of many involves breath testing. 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 Breath Testing: Find out why police must conduct two DUI breath tests in order to make an arrest based on breathalyzer results" »

January 27, 2011

ROBBERY CHARGES - SCOTTSDALE CRIMINAL DEFENSE

How Top Rated Criminal Attorneys Defend Scottsdale Robbery and Armed Robbery Charges

Scottsdale AZ Robbery or Armed Robbery Charges
Scottsdale robbery and armed robbery offenses are prosecuted very aggressively. If you face active charges or were arrested in Scottsdale, AZ for robbery or armed robbery you should consult an experienced Arizona criminal defense attorney who defends cases in the Scottsdale Court as soon as possible 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.

All Arizona robberies or armed robberies are charged as felonies. A crime is considered a robbery when the accused uses force, intimidation, or fear as a means of taking control of certain 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. 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 may or may not have been made for its intended use as a weapon.

Scottsdale 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 Scottsdale courts.
If you are convicted of a "dangerous crime" (this is the case if a dangerous weapon is involved or used) the judge will order mandatory prison terms. If 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:

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.

13-1902. Robbery
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.

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.

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 Scottsdale robbery charges or arrest. Below are just a few examples of defenses a good Scottsdale 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 Scottsdale 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 Scottsdale 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 Scottsdale 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 Scottsdale 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 "Burglary, Robbery, and Armed Robbery are all Felonies. Find out how their differences under Arizona Law" »

January 26, 2011

DEFENDING DISORDERLY CONDUCT CHARGES

Defenses good Disorderly Conduct Attorneys in Phoenix, AZ use to fight your disorderly conduct charges

Disorderly Conduct Charges Phoenix, AZ
Phoenix Disorderly conduct charges are often referred to as "disturbing the peace". If you have been arrested or charged with any disorderly conduct charges in Phoenix, AZ, 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 disorderly conduct Attorneys in Arizona agree that this offense is over used and is often charged when the Phoenix 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 Phoenix Police view as disruptive behavior and that will lead to charges or arrest for disorderly conduct in Phoenix, 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 police due to the disruptive, loud, or intimidating behavior 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, other violations, and simply become annoyed with you.

Arizona Disorderly Conduct Laws
If you were charged or arrested in Phoenix 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 13-2904. Disorderly conduct.

Phoenix 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.

Phoenix AZ Disorderly Conduct Defenses
Below are just some defense strategies that a criminal defense attorney who (defends disorderly conduct charges in the Phoenix 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 or multiple persons are involved in 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;
Phoenix Disorderly Conduct Attorney
A good Phoenix 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 Phoenix 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 "Disorderly Conduct Offenses: Law, Penalties, and common defenses used to challenge disorderly conduct charges" »

January 25, 2011

Phoenix Criminal Defense | Criminal Rights

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

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

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

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

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

A.R.S. 13-2508. Resisting arrest reads in part as follows:
"A. A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace Officer, acting under color of such peace Officer's official authority, from effecting an arrest by:
1. Using or threatening to use physical force against the peace Officer or another; or
2. Using any other means creating a substantial risk of causing physical injury to the peace Officer or another.
B. Resisting arrest is a class 6 felony."

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

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

Continue reading ""What is Resisting Arrest?"" »

January 24, 2011

Tempe Criminal Defense | Criminal Rights

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

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

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

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

A.R.S. 13-2508. Resisting arrest reads in part as follows:
"A. A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace Officer, acting under color of such peace Officer's official authority, from effecting an arrest by:
1. Using or threatening to use physical force against the peace Officer or another; or
2. Using any other means creating a substantial risk of causing physical injury to the peace Officer or another.
B. Resisting arrest is a class 6 felony."

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

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

Continue reading "Resisting Arrest Laws: By law, you may be charged with resisting arrest, even if the arrest by police itself is not lawful" »

January 21, 2011

Mesa Arrest | Criminal Rights

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

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

WHAT TO EXPECT AFTER BEING ARRESTED IN MESA

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

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

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

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

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

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

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

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

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

Some feel the Mesa criminal justice system is a vast maze of procedures, time-lines, and protocol, all set up to convict them. There is much truth to this. The process can be extremely exhausting, overwhelming and defeating for an unrepresented defendant. It is the job of the Prosecution to convict you. And they will work closely with police to get that conviction. Without good legal representation by a Mesa criminal attorney or DUI lawyer who defends cases frequently in Mesa, you may unintentionally say or do something that will unknowingly harm your defense, and strengthen the Prosecution's case against you. You don't want to unknowingly contribute to your conviction.
A good Mesa criminal defense or Mesa DUI Lawyer will be your voice in the criminal justice system. They will build a solid and effective defense on your behalf. Then they will press compelling arguments in your defense to the Mesa Criminal Court and prosecution. There is no substitute for an experienced Arizona criminal attorney who is a skilled litigator. They will know the most effective defenses to use, and building a foundation for your defense. Hiring a good criminal attorney who defends cases often in Mesa court will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.

Continue reading ""What happens after an arrest?"" »

January 20, 2011

Phoenix Arrest | Criminal Rights

You have protected rights both under Federal and Arizona State constitutions. A good Arizona criminal attorney will make sure your rights remain protected through the criminal justice system. The best criminal lawyers know how to use these rights to protect your freedom and strengthen your defense.

Arizona has some of the toughest laws and penalties for criminal and DUI charges in the United States. If you face criminal charges or were arrested for an Arizona DUI or criminal charges in, you need to retain an attorney who has a vast amount of experience and knowledge of Arizona laws, your constitutional rights, Arizona criminal justice system, and protocol. Most importantly, your criminal attorney should be extremely familiar with the defenses that can be used to build you a solid and effective defense needed to challenge your Phoenix AZ criminal or DUI charges in an attempt to get them dismissed, reduced or the otherwise best outcome in your case.

Arrested in Phoenix - What happens after a Phoenix Arrest

• Phoenix Arrest -For a Phoenix, AZ arrest to be legal, the police must have "Probable Cause". This means that the officer has reasonable belief that a crime was committed and you were the one who committed it.

• Booking - fingerprints taken, photograph or mug shot, some ID questioning, past criminal convictions research, and to check if you were on probation or parole at the time of your arrest.

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

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

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

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

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

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

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

Phoenix Arizona DUI and Criminal charges are governed by the rules of authority of the State of Arizona.

Criminal Defense Phoenix Attorney
Your future depends upon a strong defense by a criminal attorney who defends criminal or DUI charges frequently in Phoenix. The choice is always yours to retain a criminal or DUI lawyer. However, given the harsh laws and punishments for criminal and DUI charges in Phoenix it is strongly recommended that you at least consult a Phoenix criminal defense or Phoenix DUI lawyer. The prosecution is relieved when choose to go unrepresented because it makes their job easier to convict you. If fact, going without qualified Phoenix criminal attorney or Phoenix DUI lawyer is the fastest and most certain way to get a conviction. The criminal justice system can feel to a non-attorney as a vast maze of procedures, time-lines, and protocol, and can be extremely overwhelming. Without a Phoenix criminal attorney or Phoenix DUI lawyer, you may unintentionally say or do something that will unknowingly harm your defense, and strengthen the Phoenix Prosecution's case against you. You don't want to unknowingly contribute to a conviction.

A good Phoenix Criminal Defense or Phoenix DUI Lawyer will be your voice in the criminal justice system. They will build a solid and effective defense on your behalf. Then they will press compelling arguments on your behalf to the court and prosecution. There is no substitute for an experienced Arizona criminal attorney skilled in litigation; gathering and presenting compelling arguments against the prosecution; and knowing the most effective defenses to use, and building a foundation for your defense. Hiring a good AZ criminal attorney will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.

Continue reading "Arrested for DUI: What to expect after your arrest, and your rights in the criminal justice process" »

January 19, 2011

How Good Chandler AZ Criminal Defense Attorneys Get Your Release Conditions Modified (Pre-trial)

After your Chandler DUI or Criminal arrest and detention you will be required to have an initial appearance before the Chandler Court Judge. The Chandler judge will read you your rights, formal charges, and advise you of your pre-trial release conditions. The primary goals of court in setting release conditions is to secure a defendant's appearance for future court dates or trial, and to make sure the defendant's release does not pose a threat or harm to others in the community.

The Chandler AZ Court takes into account many factors in making this decision including classification of the charge such as a misdemeanor or felony; severity and nature of the charges; if the charges involved a violent crime; your past criminal record if any; whether or not you are a potential "flight risk"; along with other standard release conditions and factors.

The release conditions should be commensurate with the criminal charge. If your release conditions seem to be harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney. A good criminal defense attorney who defends charges regularly in Chandler AZ court will immediately file a motion to request modification of your pre-trial release conditions. This can be done while you are in custody. Either you or someone on your behalf can consult a Chandler criminal defense lawyer to discuss the charges, defense options, and services your Attorney can provide involving a request to modify your pre-trial release conditions from custody in Chandler AZ. This aspect of the attorney's services is usually part of and the entire defense retention and process.

Modifications your attorney requests depends upon what release conditions were ordered by the judge and the charges you are being accused of committing. Some modifications your Chandler Criminal Attorney may request include but are not limited to lowering the bail bond to a reasonable amount; allowing you to be released on your own recognizance; allow an appearance bail, or allow you to be released to another responsible entity's custody, home confinement with ankle bracelet security, and other more favorable conditions than initially ordered by the Chandler Court Judge.

When you meet with the Criminal Defense Attorney who will be defending your criminal charges and requesting modification of your release conditions, be sure you communicate in detail your concerns about the initial orders and how they will impact you, your family, your job, your financial situation. Your Chandler criminal defense attorney will immediately formulate compelling arguments and file the appropriate motions with the Chandler court on your behalf. Your chances of getting your pre-trial release conditions modified with the retention of a good private practice criminal attorney who defends charges in Chandler frequently will greatly increase your chances of getting your release modified with more reasonable and favorable conditions for you.

Continue reading "Types of pre-trial release conditions; and factors the judge considers to determine what they will be" »

January 19, 2011

By: James Novak, Phoenix DUI & Criminal Defense Lawyer

Arizona DUI charges are very serious. Good DUI attorneys in Arizona will give you the same or similar advice about things you should not do to preserve your defenses. Here are some things to avoid so that you will not harm your case or defenses:

1) Do not resist Arrest. Avoid turning or walking away; running away; driving away; resist being handcuffed or taken into custody. Resisting arrest only buys you more criminal charges and the probability of physical harm in restraint or other retaliatory force by the police.

2) Once you have been arrested, do not continue to protest or plead your case with the arresting officer or police department. The officer's mind is made up. Anything else you say many further incriminate you. Even if your constitutional rights have been violated, save it. Preserve your story for your Phoenix DUI Defense Attorney. They will use such information to build you a strong defense case through the criminal justice system. If your constitutional rights were violated, it may lead to a dismissal of your charges. But this can only happen through the proper legal channels.

3) Do not answer any questions that the police may ask you regarding your charges. Remain silent. Let them know your willingness to cooperate. However, until and unless your Arizona DUI defense attorney is present or you have consulted them, you are unable to talk about your charges.

4) Call an Arizona DUI defense Attorney, not your friends for advice. No one knows better how to advise you about your charges, and defense options better than a DUI or criminal defense attorney in Arizona. You may be ill advised by a friend or family member, if they are not Arizona Criminal Defense or DUI attorneys. In fact, you should not discuss your case with anyone, including family or friends, unless it is to help you find a DUI attorney; provide you with bail bond assistance; or your release conditions for which you may require their assistance. Even then, do not speak about your criminal or DUI charges.

5) Do not be late or avoid your scheduled court appearance that is recorded on your complaint or DUI citation. If you fail to appear for your court at the time, location, and on date, the judge will issue an immediate warrant for your arrest. The exception to this rule is if you have hired an AZ DUI or criminal defense Attorney. They may have made other arrangements with the court, may appear on your behalf, or have the court date vacated in lieu of other legal processes in your defense. In any event, your attorney will advise you of whether or not you are required to appear.

6) Do not discount the serious nature of your DUI charges. Arizona has earned a reputation of having some of the toughest laws and most severe punishments of any state in the country. DUI convictions in Arizona carry mandatory incarceration penalties, ignition interlock devices on your vehicle at your expense and more, even for a first time DUI in Arizona.

7) Do not dismiss your Right to a Defense Counsel. A DUI is nothing like a civil citation such as a routine traffic infraction or violation. It is dangerous to represent yourself. Usually self-representation is the fastest way to get a conviction and sometimes the maximum penalty under the Arizona DUI Laws. A conviction will not be easier on you. If fact it is much worse. It is best to be represented by an experienced AZ DUI defense attorney. You should hire a good private practice AZ DUI lawyer to defend you through the criminal justice system. By hiring a private practice Attorney who is experienced at defending DUI charges in Arizona court your chances of getting your DUI charges dismissed, reduced or other favorable outcome increase drastically.

Continue reading "Arizona DUI Defense Tips: 7 Things to Avoid" »

January 18, 2011

ONE DEFENSE STRATEGY TOP PHOENIX AZ DUI LAWYERS USE - BUT PROSECUTORS DON'T WANT YOU TO KNOW

Phoenix DUI Charges
If you were charged or arrested Phoenix Arizona for DUI it is important that you consult a Phoenix criminal attorney or Phoenix DUI lawyer as soon as possible to discuss your charges and defense options. Arizona is known for having some of the toughest DUI laws and punishments in the county. However, a charge is not a conviction. Your best chances of getting a good outcome or even a DUI dismissal is to retain a good DUI lawyer in Arizona. They will be review the evidence and facts of your case and determine what defense strategies may be used to fight your Phoenix DUI.

One Phoenix AZ DUI Defense Tactic - Breath Test Inaccurate

"THE 20 MINUTE DUI OBSERVATION PERIOD"
Was the arresting officer writing a report, completing paperwork, conversing with other officers, looking for or preparing equipment, or performing some other activity that diverted their attention from observing you during the required 20 minutes observation period?

In Arizona, the police must carefully and continuously observe an impaired or drunk driving suspect for a minimum 20 uninterrupted minutes prior to administering a breath alcohol test. The reason for this is for the officer to ensure the suspect does not burp, belch, hiccup, regurgitate, eat or drink anything during this period so as not to affect an accurate breath alcohol reading.

Phoenix AZ DUI Defenses
There are many DUI defense strategies that can be used to argue your AZ DUI case against the State and prosecution. A good Phoenix DUI lawyer will know when and how to exercise a DUI defense strategy on your behalf. The above defense is just one of many involves breath testing. 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 "How to Challenge DUI Breath Test Results" »

January 18, 2011

10 Things People Are Talking About

Article by: James Novak, Phoenix DUI and Criminal Defense Attorney
According to announcements made by ADHS, over 1300 people commented on the initial draft posted by ADHS December 17, 2010. The initial comment period has ended, they are currently being considered. New rules will be available for comment on January 31, 2010, to February 18, 2011. Following the next comment period the final Rules package are scheduled to be completed and published March 28, 2011.

Of those comments on the initial draft rules, here were the 10 most talked about issues:
1. Patient-physician relationship requirements;
2. Adding more medical conditions, illnesses, and diseases to the list of those who will qualify;
3. Fees and how those with limited income can gain access;
4. Patient/caregiver cultivation mileage rules;
5. The 70% dispensary self-production and cultivation requirements;
6. Dispensary Registration Certificate approval process;
7. The requirement that each dispensary having an official medical director;
8. Medical Director Qualifications, in that the qualifications be liberalized to include more and various types of medical professionals;
9. Dispensary applicants requirement of a 2 year residency rule;
10. Cultivation facilities licensing requirements with an associated dispensary.

All comments on the initial draft are available and posted on the ADHS website. The public will get their next chance to comment on January 31, 2011 when the second draft is posted. The ADHS has expressed their commitment to considering all constructive comments. So a word to all those with concerns or interests in the Arizona Medical Marijuana Rules, don't pass up your opportunity to let your voice be heard.

Continue reading "AZ MEDICAL MARIJUANA NEWS " »

January 14, 2011

ONE DEFENSE DUI PROSECUTORS DON'T WANT YOU TO KNOW

Scottsdale DUI Charges
If you were arrested for a Scottsdale DUI you should consult a Scottsdale criminal attorney or Scottsdale DUI lawyer as soon as possible to discuss your Scottsdale DUI charges and defense options. Scottsdale AZ is known for having some of the toughest DUI laws and punishments in the country and Scottsdale is aggressive in pursuing DUI convictions. However, a charge is not a conviction. You have a constitutional right to fight your DUI and retain a DUI defense attorney who defends DUI charges in Scottsdale. Your best chances of getting a good outcome or even a DUI dismissal is to retain a good DUI lawyer in Arizona. They will be review the evidence and facts of your case and determine what defense strategies may be used to fight your Scottsdale DUI.

One Scottsdale DUI Defense Tactic - Second Breath Test Not Timely

DUPLICATE BREATH TEST NOT TIMELY
Did the officer take another breath test less than 5 minutes from the first test?
After the first breath test, a second must be administered at an interval not less than five minutes or more than ten minutes. If this is not followed then the breath test evidence
can be suppressed

Scottsdale AZ DUI Defenses
There are many DUI defense tactics that can be used to defend your Scottsdale DUI charges. An experienced and qualified Scottsdale DUI lawyer will know when and how to exercise a DUI defense strategy on your behalf. The above defense is just one 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 "CHALLENGING BREATH TEST EVIDENCE" »

January 13, 2011

PHOENIX ATTORNEY ROBBERY OR ARMED ROBBERY DEFENSE TACTICS

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

Phoenix Robbery or Armed Robbery Charges
Arizona robbery and armed robbery offenses are prosecuted very aggressively. If you were charged or arrested with Phoenix, AZ robbery or armed robbery you should consult an experienced Arizona criminal lawyer defends cases often in the Phoenix 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.

Phoenix 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 Phoenix 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;
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 Phoenix robbery charges or arrest. Below are just a few examples of defenses a good Phoenix 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 Phoenix 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 Phoenix 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 Phoenix 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 Phoenix 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 "Differences Between Robbery and Armed Robbery Laws and Penalties" »

January 12, 2011

Scottsdale Criminal Defense and Criminal Rights

"The retention of an experienced Scottsdale criminal attorney will substantially increase your chance of getting the best possible outcome in your case. Early retention of a good Scottsdale 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" .

Unlawful Discharge of Firearm Charges Scottsdale AZ
Sentencing for Unlawful Discharge of Firearm Charges convictions in Scottsdale, 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 Scottsdale 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 Scottsdale 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 Scottsdale, 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 Scottsdale Arizona and Maricopa County.

Scottsdale 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 Scottsdale criminal attorney will substantially increase your chance of getting you the best possible outcome in your case. Early retention of a good Scottsdale 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 "Weapons Charges: Unlawful Discharge of Firearm Laws and Penalties" »

January 12, 2011

January 12, 2011 News by: James Novak, Phoenix DUI and Criminal Defense Attorney

The Arizona Department of Human Services website (ADHS.gov) posted Answers to frequently asked questions. Below is the answers to the definition of a qualifying patient, and what medical condition qualify for patients to register for a Medical Marijuana Card which will enable them to obtain and use Medical Marijuana under the new law:

A "qualifying patient" is defined in Proposition 203 as a person who has been diagnosed by a physician (a doctor of medicine, osteopathy, naturopathic medicine, or homeopathy) as having one of the following debilitating medical conditions:

• Cancer

• Glaucoma

• Positive status for human immunodeficiency virus

• Acquired immune deficiency syndrome

• Hepatitis C

• Amyotrophic lateral sclerosis

• Crohn's disease

• Agitation of Alzheimer's disease

• A chronic or debilitating disease or medical condition that produces any of the following:

a. Cachexia or wasting syndrome
b. Severe and chronic pain
c. Severe nausea
d. Seizures (including those characteristic of epilepsy) or
e. Severe and persistent muscle spasms (including those characteristic of multiple sclerosis)
A qualifying patient's "designated caregiver" and a "dispensary agent" will also receive registration cards under Proposition 203.
For more medical Marijuana news, visit the ADHS website www.azdhs.gov/prop203 that was created to help the public follow updates on rulemaking as Arizona prepares to implement the new law.

Continue reading "Qualifying Conditions for use of Medical Marijuana in Arizona" »

January 11, 2011

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

How the best Phoenix AZ DUI Attorneys may get your Phoenix DUI Charges dismissed by challenging Field Sobriety Tests

AZ Field Sobriety Tests
Field Sobriety Tests (FST) is a standardized battery of tests recognized by the United States National Highway Traffic Safety Administration (NHTSA) and adopted by the states. However, many good AZ DUI attorneys don't consider them real or accurate tests at all, due to their nature and subjectivity. And because of this, many AZ DUI charges are dismissed, or evidence suppressed, because they can be so easily challenged by an experienced DUI Attorney who practices frequently in Phoenix AZ Courts.

Field Sobriety Tests: What Phoenix Police Don't Tell You
One thing Phoenix Police usually won't tell you is that these tests are not mandatory. You are by law, not required to take them. Some of the best Phoenix DUI attorneys disagree on whether or not you should participate in them. The reason for this is that if you refuse, the police may arrest you on the spot. The choice is yours. Some DUI Attorneys will advise you to take them and challenge them and have your DUI Attorney challenge them through the proper legal channels. The choice, however is yours.

FST for performance results are judged by the Phoenix police, and are the least reliable form of DUI evidence that can be used against you. Unfortunately, the Phoenix Police Phoenix police will also make it sound like you did poorly on the tests. But the fact is that even persons unimpaired by drugs or alcohol may perform "poorly" depending on many factors. This is another reason why they are often challenged by good Phoenix DUI Layers. But the police will use them against you. The purpose is for them to be used a preliminary tool to determine if you show signs of impairment in order for them to decide if further breath, blood, or urine tests are needed.

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

• YOU WERE AT A DISADVANTAGE ON YOUR FST DUE TO ADVERSE CONDITIONS AT ROADSIDE SUCH AS CLIMATE, ENVORNMENTAL OR LANDSCAPING.

• THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS.
• FAILURE TO DETERMINE IF YOU WERE A APPROPRIATE CANDIDATE FOR THESE ROADSIDE EXERCISES DUE TO WEIGHT STANDARDS, MEDICAL IMPAIRMENTS, AGE, OR OTHER FACTORS THAT WOULD ADVERSE CONTRIBUTE TO POOR RESULTS.
• NON-STANDARDIZED FIELD TESTS ARE INVALID AND NOT RECOGNIZED BY NHTSA.

• FAILURE TO POINT OUT THE LOCATION AND ROADSIDE CONDITIONSWHERE THE EXERCISES WERE GIVEN.

• YOU REFUSED TO SUBMIT TO THE FIELD SOBRIETY TESTS AND AS A RESULT THE POLICE OFFICER REPORTED THAT YOU REFUSED BECAUSE YOU WERE DRUNK DRIVING AND YOU WERE AFRAID YOU WOULD NOT PASS.

These are just a small sample of all the arguments that can be made against Field Sobriety Test results if you have received Arizona DUI charges. It is important that you consult a good Arizona DUI attorney who defends cases regularly in Phoenix Arizona where you were charged with your Phoenix DUI. It takes experience, training, knowledge and a great amount of defense litigation experience by an AZ DUI Lawyer who defends cases often in Phoenix to challenge these issues properly, and take action to attempt to get your case dismissed, charges reduced, evidence suppressed or the otherwise best possible outcome in your case.

Continue reading "Field Sobriety Tests: Common Defenses for Field Sobriety Test Result Evidence" »

January 10, 2011

Drug Defense Attorney AZ | Drug Possession

AZ Drug Possession Laws are strict and the Criminal Justice System is complicated. If you face drug possession charges in Arizona or were arrested for drug charges, you should consult a criminal Attorney who frequently defends drug charges as soon as possible. The severity of a drug possession charge depends significantly on the amount found in your possession. The quantity involved is a substantial factor for the police to determine if the AZ drug charges will be elevated to possession with intent to sell, illegal drug sales, or distribute drugs which are extremely serious felony drug charges.

Whether your drug arrest or drug charges were in Tempe AZ, Phoenix AZ, Chandler, AZ, Scottsdale AZ, Gilbert AZ, Mesa, AZ or any city within Maricopa County or other Counties in Arizona makes no difference. Every city in Arizona falls to the rule of law Arizona State Laws. The definitions, classifications and penalties are comprehensively outlined in the following criminal code: Arizona Revised Statutes: "A.R.S. 13 Chapter 34 DRUG OFFENSES 13-3401...13-3461".

Arizona Drug Classifications

Arizona classifies its drugs in a basically by three main types (Note the examples are not all inclusive).

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

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

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

Drug Possession Penalties in Arizona
Many defendants, who face Arizona drug possession charges want to know if they will be placed on probation, go to jail or worse to prison if they get a conviction for their AZ drug possession charges. The sentencing could include any, a combination or all of these penalties depending on many factors including by not limited to:

1) Quantity of the drug found in your possession;
2) Type or class of drug found in your possession;
3) Purpose of the drug found in your possession (personal use or intended sales);
4) Repeat offense v. first time offense;
5) Prior criminal record if any;
6) Other charges cited in addition to the drug possession charges;
7) Other aggravating factors surrounding the arrest;
8) Whether or not you may be eligible and qualify for participation in a diversion program which includes drug counseling.

Arizona Drug Possession Attorney - Criminal Defense
You will need to consult and hire the best Arizona drug defense attorney possible with a vast amount of litigation and defense experience in AZ Drug defense. They will need to be highly skilled and be capable of building a solid defense against your drug charges. Make sure they are assertive and proactive, extremely familiar with the Criminal Justice System and will utilize every possible defense in your favor, and present compelling arguments that will effectively lead to securing reduced charges, or a total dismissal of your drug possession charges.

Continue reading "Drug Charges: Sentencing Guidelines for Drug Crime Concictions" »

January 10, 2011

Phoenix Criminal Attorney | Criminal Defense in AZ

What you may not realize is that behind the scenes an experienced DUI or Criminal defense lawyer is involved in many activities on your behalf. If you were arrested in Phoenix AZ a DUI or other criminal charge it is important that you consult a private criminal defense attorney who defends criminal charges in Phoenix Court. Most DUI criminal and DUI attorneys provide free consultations. It will be well worth your time to discuss your charges, range of sentencing for those charges and your defense options.

Once retained, your Phoenix DUI or criminal defense attorney will guide you through every phase of the Arizona criminal justice system, keep you informed and answer all of your questions. Here are 10 other things a good Phoenix AZ DUI defense or Criminal defense attorney will be doing with you as a team, or behind the scenes:

1. Gathering and examining evidence;
2. Looking for exculpatory evidence (evidence in your favor);
3. Consideration of obtaining outside experts to testify on evidence or facts and review of their findings;
4. Reviewing all documents including but not limited to police reports, the complaint, test results, and photographs, and #911 call transcripts;
5. Interviewing or deposing witnesses including detectives and arresting police officers;
6. Based on the evidence (or lack of it) determine the best defense strategies that can be used to build your defense case;
7. Mounting your defense case against the prosecution. This is not something that just happens at trial. An experienced attorney will take every legal opportunity in the criminal justice system phases to utilize defense tactics to get evidence suppressed, reduction in charges, or a dismissal of your case. A good criminal defense or DUI lawyer will waste no time and recognize the opportunities;
8. Participating in court hearings, such as status or pre-trial conferences, which focus on legal issues such as admissibility or suppression of evidence; modifying pre-trial release conditions, and plea negotiations;
9. Preparation of your defense case to challenge the prosecution's case, and present compelling arguments on your behalf at trial;
10. Throughout the processes, your attorney will be working with you and the prosecution to work out a mutually agreeable resolution which would avoid the expense, adverse impacts and uncertainties of trial results. The resolution must be approved by the court as well. Plea negotiations can include but are not limited to more satisfactory resolutions such as modification of the charges to lesser charges and sentencing, an agreement not to file new charges, sentencing of probation instead of jail time, reducing jail or prison sentences, dismissing a portion of the charges or a total dismissal of charges.

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

Continue reading "10 things criminal attorneys do to build a case in your defense" »

January 7, 2011

Tempe Criminal Defense and Criminal Rights

The early retention of an experienced Tempe criminal attorney to defend you through the criminal justice system will substantially increase your chance of getting the best possible outcome in your case.

Unlawful Discharge of Firearm Charges Tempe AZ
Sentencing for Unlawful Discharge of Firearm Charges convictions in Tempe, 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 Tempe 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 Tempe 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 Tempe, 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 Tempe Arizona and Maricopa County.

Tempe 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 Tempe criminal attorney will substantially increase your chance of getting you the best possible outcome in your case. Early retention of a good Tempe 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 "Gun Crimes: Unlawful Discharge of a Firearm Laws and Penalties" »

January 6, 2011

Scottsdale Arrest | Criminal Rights

A good Scottsdale Criminal Defense Attorney or Scottsdale DUI Lawyer will use the defenses applicable to your particular set of circumstances, along with the shield of your protected constitutional rights to try and get your criminal or DUI charges dismissed, reduced or in the alternative the best possible outcome in your case.

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

What to Expect after an Arrest in Scottsdale

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

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

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

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

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

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

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

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

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

Scottsdale AZ criminal and DUI charges are subject to the criminal codes and rules of authority of Arizona State Laws.

Criminal Defense Scottsdale Attorney
Your future depends upon a strong defense by a criminal attorney who defends criminal or DUI charges frequently in Scottsdale. The choice is always yours to retain a criminal or DUI lawyer. However, given the harsh laws and punishments for criminal and DUI charges in Scottsdale it is strongly recommended that you at least consult a Scottsdale criminal defense or Scottsdale DUI lawyer. The prosecution is relieved when choose to go unrepresented because it makes their job easier to convict you. If fact, going without qualified Scottsdale criminal attorney or Scottsdale DUI lawyer is the fastest and most certain way to get a conviction.

The criminal justice system can feel to a non-attorney as a vast maze of procedures, time-lines, and protocol, and can be extremely overwhelming. Without a Scottsdale criminal attorney or Scottsdale DUI lawyer, you may unintentionally say or do something that will unknowingly harm your defense, and strengthen the Scottsdale Prosecution's case against you. You don't want to unknowingly contribute to a conviction.

A good Scottsdale Criminal Defense or Scottsdale DUI Lawyer will be your voice in the criminal justice system. They will build a solid and effective defense on your behalf. Then they will press compelling arguments on your behalf to the court and prosecution. There is no substitute for an experienced Arizona criminal attorney skilled in litigation; gathering and presenting compelling arguments against the prosecution; and knowing the most effective defenses to use, and building a foundation for your defense. Hiring a good AZ criminal attorney will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.
For more criminal defense or DUI defense tips, free videos, and free dui defense books, visit http://www.arizonacriminaldefenselawyer.com

Continue reading "Criminal Arrest: Find out what is needed by the Police in order to make a lawful arrest, and your rights in the process" »

January 5, 2011

ONE DUI DEFENSE THAT CHANDLER PROSECUTION DOESN'T WANT YOU TO KNOW ABOUT...

Chandler AZ DUI Charges

If you face Chandler DUI you should consult a criminal defense attorney or DUI lawyer who defends cases in Chandler AZ as soon as possible. Arizona has some of the toughest DUI laws and penalties in the country. However, a 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 review the evidence and facts of your case and determine what defense strategies may be used to fight your Chandler DUI.

One Chandler DUI Defense - Second Breath Test Out of Range

DUPLICATE BREATH TEST OUT OF RANGE
Were the two breath tests that you took, far apart in range, and still used to charge you with a DUI?
Two breath tests are given. If the second test is not within 0.020 alcohol concentration of the first test, additional tests shall be administered until the results of the two consecutive tests are within 0.020 blood alcohol concentration (BAC). If this procedure is not followed and the results are outside the allowable range that breath test evidence may be suppressed.

Chandler AZ DUI Defenses
There are many DUI defenses that can be used to defend your DUI charges in Chandler Arizona. A good DUI lawyer who defends DUI charges in Chandler Court will know what DUI defense strategies can be used in your case. The above defense is just one 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 Breath Test Defenses: "Second Breath Test Out of Range"" »

January 5, 2011

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

According to Arizona law enforcement officials and local Phoenix AZ sources, 3500 DUI arrests were made as a result of the DUI task forces (or AZ DUI sobriety checkpoints) set up around the state between Thanksgiving 2010 and through the New Year observed holiday 2011.

Of the 3500 DUI arrests, The East Valley Task Force accounted 1,862 which is more that half of all the arrests. Southern Arizona DUI Task Force arrested 397 drivers. The West Valley DUI Task force made 365 DUI arrests in Arizona. The 2010/2011 Arizona DUI sobriety checkpoint taskforce numbers were for this same holiday time frame in 2009/2010 was actually 26% lower. .

Those arrested for DUI were accused of either drunk driving because of alcohol or AZ DUI with Drugs (meaning allegedly driving impaired due to the influence of drugs, or other toxic substance). Note that this figure of 3500 DUI arrests in Arizona represent the number of people charged, but not yet convicted, and not yet found "guilty" of the DUI charges for which they were arrested. They are considered innocent until and unless they are proven guilty. Those arrested will have an opportunity to obtain legal representation with a qualified Arizona criminal defense attorney or DUI lawyer in Arizona to challenge the DUI, for justification, and to defend their Arizona DUI charges.

Continue reading "3500 DUI Arrests from Holiday DUI Task" »

January 4, 2011

Marijuana Sales Penalties
Phoenix Criminal Defense Lawyer

If you face Phoenix Marijuana (also known as Pot, Cannabis, or Weed) sales charges, you should consult a Marijuana lawyer or criminal defense attorney who defends Marijuana drug charges in Phoenix, AZ. If convicted, you will be subject to serious punishment. Arizona takes Marijuana sales charges very seriously and it is reflected in penalties for convictions. The most serious Marijuana charges are for Production, Manufacturing, Distributing, or Selling in Phoenix, Arizona. Possession of drugs with the intent to distribute them is also a serious crime.

Arizona Criminal Code 13 comprehensively outlines Marijuana laws in "A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification" and summaries are Paraphrased below:

Phoenix Marijuana sales charges fall under the rule of Arizona State Law sentencing guidelines for Marijuana sales, Marijuana trafficking and Production:

Sale of Marijuana
• 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 Penalties and Convictions that will apply

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

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

What an Experienced Phoenix Marijuana Defense Lawyer can do to Defend You
The charges are too serious, jail and prison sentencing so severe, costs fines and fees so financially devastating, that it is simply too risky and dangerous to attempt to go without good Phoenix Legal Representation for Marijuana sales charges. You best chance at a good outcome is to hire a good drug defense, criminal defense, or Marijuana sales defense lawyer to defend your case. A good Phoenix Marijuana Criminal Attorney can fight to get you fair treatment in court, make sure your constitutional rights are not violated, minimize the impact the charges can have on your life, challenge evidence for suppression (so that it can not be used against you), attempt to get charges reduced, or the achieve the ultimate goal of getting the charges dismissed.

It is critical that you consult an Arizona Criminal Defense Attorney, Marijuana Lawyer, or Drug defense attorney who defends these cases on a regular basis in Phoenix Courts. An experienced Litigation or Phoenix criminal defense lawyer will gather the evidence; investigate further; interview witnesses; find out if any of your constitutional rights were violated, or if any entrapment issues exists. With a Phoenix criminal attorney your chances of getting the best outcome in your case will significantly increase.

Continue reading "Marijuana Charges: Sentencing Guidelines for Marijuana Convictions. Find out which factors carries the most weight" »

January 3, 2011

CRIMINAL DEFENSE FOR ROBBERY CHARGES GILBERT AZ
How Top Rated Criminal Attorneys Defend Gilbert AZ Robbery and Armed Robbery Charges

Gilbert AZ Robbery or Armed Robbery Charges
Gilbert Arizona robbery and armed robbery offenses are prosecuted very aggressively. If you face active charges or were arrested in Gilbert, AZ for robbery or armed robbery you should consult an experienced Arizona criminal defense attorney who defends cases in the Gilbert Court as soon as possible 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.

All Gilbert AZ robberies or armed robberies are charged as felonies. A crime is considered a robbery when the accused uses force, intimidation, or fear as a means of taking control of certain 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. 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 may or may not have been made for its intended use as a weapon.

Gilbert 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 Gilbert courts.
If you are convicted of a "dangerous crime" (this is the case if a dangerous weapon is involved or used) the judge will order mandatory prison terms. If 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
Charges of robbery or armed robbery in Gilbert AZ fall under the authority of Laws, Classifications, Definitions, Penalties and Sentencing of the State of Arizona Laws:
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 Gilbert robbery charges or arrest. Below are just a few examples of defenses a good Gilbert 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 Gilbert 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 Gilbert are dangerous to go at alone and try to defend yourself through the maze of the criminal justice system. In theory, the law is that you are innocent until proven guilty. But in practicality, without a good Gilbert criminal defense attorney, the police and prosecution will not look for your innocence, flaws in the prosecutions case, see strength in your arguments, or bother to listen to your story without the formal defense of an Arizona Criminal Defense Attorney. The prosecutions job is to convict you. The judge will not provide empathy or favor. The judge will rarely if ever show you favor or empathy to dismiss your case. They must comply with the procedures and protocol required by the Gilbert Court. They can only ruling on legal motions, presentation of legal arguments through recognized channels, or follow the jury verdict if trial ensues.

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 "Robbery Charges: Laws, Definitions and Criminal Defenses for Robbery crimes" »

January 3, 2011

Experienced Criminal Justice Attorneys in Arizona will build strong winning DUI and Criminal Defense Case against the Arizona Prosecution on your behalf

By: James Novak, Phoenix DUI & Criminal Defense Lawyer

Would you hire an auto mechanic to repair your broken computer? Would you hire a computer repair technician to fix your vehicle? Your answer is probably "no" to both questions. The only things the two professional technicians have in common, is that they may be highly trained, experienced, educated, and competent in their respective trade as either an auto repair mechanic or computer systems repair. But it is highly unlikely that one has equal superiority and competence in both trades. This analogy applies to law practice as well. There are many different areas of law. A "repair technician" is a general term. As such, the word "attorney" or "lawyer" is also general. A Criminal Defense Attorney or DUI Lawyer is the specific type of Attorney you will need to consult if you have been arrested in Phoenix Arizona and or surrounding cities within Maricopa County.

Decades ago, (and even today in extremely undeveloped territories) you may have heard the terms "family attorney" on a common basis. This is a lawyer who would represent a client or their family for all of their legal matters. But evolution, constantly changing laws, and litigious society, and many other reasons have made the "family attorney" extinct. Today you need to hire an attorney in the specific practice area for which your matter applies such as tax law, personal injury law, and more. If you face criminal charges or DUI charges in Maricopa County you will need to hire a criminal or DUI attorney for your Arizona Criminal or DUI defense. Here are at least seven reasons why:

1) Legislative Arizona State Criminal and DUI Laws some of the harshest in the Country. They carry severe adverse consequences if convicted. You need to make sure your criminal or DUI attorney is well informed and updated on these laws; and knows how to use these laws to the advantage of their clients for defense.

2) Arizona State Law relating to criminal and DUI charges and punishments is highly turbulent and constantly changing.

3) Changing Case law may exist that will effect your DUI or Criminal Charges Defense.

4) An experienced Criminal and DUI defense attorney will have specialized skills, training and education needed to examine and challenge technical evidence. This includes crime scene investigations, crime lab testing processes, breath testing toxicology, mechanical aspects and protocol related to breathalyzer machine testing, forensics and more. They must be able to recognize flaws or weaknesses in the prosecution's evidence or case against you and challenge it in your defense.

5) A good Arizona Criminal or DUI attorney has extended litigation experience. The criminal justice system is all about the Court systems. It is the area of law that almost always involves the Court system. And almost every client charged with a DUI or criminal offense will see the inside of a court room at least once. And while in Maricopa County only 2% to 3% of all cases go to trial. This is still a higher percentage than many areas of law.

6) You want to make sure your Criminal or DUI Attorney regularly practices and preferably resides in Arizona. Criminal Laws differ by state. So although an attorney may be "licensed" to practice in Arizona but reside in New York, it is not the same level of experience they will have if they deal with Arizona laws on a daily basis.

7) A Criminal Attorney or DUI Lawyer in Maricopa County will be extremely familiar with the Criminal Justice Systems, the Courts, the Judges, the prosecution, procedural aspects, and more. For example a former Maricopa County Prosecutor who now defends cases, in particular, has a vast amount of knowledge and experience and has advantage in perspective. They have also usually spent a great deal of time in trial and litigation of Criminal and DUI charges. This carries over to added experience, strength, and education in your defense.

The choice is yours. But you have the right to know. You should find out about your Attorney's background, education, training and experience before you make your decision. Criminal and DUI charges are too serious in Arizona. Your future and your freedom are not worth the gamble of by hiring an attorney outside the criminal or DUI practice areas if you face criminal or DUI charges.

Continue reading ""7 good reasons you need a criminal attorney to defend your DUI charges." »