February 2011 Archives

February 25, 2011

February 25, News Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney

On March 1, 2011 Scottsdale Police plan to rent space to defendants in other cities valley-wide convicted of non-violent misdemeanors including Arizona DUI charges for up to 48 hours. This alternative is being offered in lieu of spending that time in Maricopa County's Tent City or Maricopa County Jail.

No one wants to do time for an AZ DUI conviction under the harsh conditions of Sherriff Joe's Tent City. So the question is "what's the catch?"

First, it's not about comfort for the defendants. Basically, it boils down to money issues. The city of Scottsdale faces a $20 million deficit for next fiscal year's budget. The idea is to bring in $700,000 from this 6 month pilot program to rent the jail space in the Scottsdale Detention Facility. But some speculate whether or not it makes sense. Officials indicate that that it costs the city approximately $500,000 to keep the jail facilities opened. Scottsdale hopes to offset existing costs, of keeping its two jail facilities opened, and earn a $200,000 in profit to help the budget. The primary Scottsdale booking facility is the down town jail on 75th street in Scottsdale AZ. The facility where they will be renting the space is the Scottsdale via Linda Detention Center.

Scottsdale City officials feel it will help the over populated Maricopa County jail and Tent City because some valley cities in Maricopa County, such as Mesa AZ, do not have the space or capacity to hold defendants overnight. If the 6 month trial fails, officials report that the City of Scottsdale may have no choice but to consider ceasing operations and closing the building down.

Other concerns are that there are only eight additional beds available for out-of city defendants, because the other six are being used to accommodate convicted defendants from Scottsdale City Court.

So how do defendants opt in? Well, besides the Arizona Criminal Justice system's tape, several other things need to happen. For one, there needs to be room available at the Scottsdale via Linda facility. Eight beds do not sound like a lot. Considering the program is available to valley wide cities, the "no vacancy" sign might light up sooner than expected. And Two, it will cost the defendant $189.00 per day, out of their own pocket to stay at the Scottsdale via Linda jail. Ouch...on a good day, $189.00 that could pay for a nice room at some of the valley's best hotels and resorts.
Article Resource Used: AZCentral.com, Arizona Republic Newspaper, & Local Fox News Television Station.

Continue reading "COTTSDALE JAIL SPACE FOR RENT" »

February 24, 2011

On February 18, 2011 synthetic Marijuana Bill HB 2167 was signed into law, permanently banning use, possession, or sale in Arizona.

February 24, News Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney

The permanent ban has now been signed into Arizona law by Governor Jan Brewer, which takes effect immediately. Synthetic Marijuana (fake pot) was found to be responsible for such severe and sometimes fatal conditions including but not limited to seizures, strokes, high blood pressure, visual disturbances, heart dysfunctions and more. The synthetic Marijuana chemical compounds were found to be 700 times more potent then the authentic substances of the active ingredients in Marijuana.

Bill Montgomery, Maricopa County Attorney stated that those using, possessing or selling this drug should "consider themselves on notice". He vowed to aggressively prosecute those who have been charged or arrested for using, possessing or selling synthetic marijuana; and that this and similar drugs pose a threat to the citizens of Maricopa County.

Sources: Office of the Governor, and Local Television News Agencies.
This news is a follow-up article to www.Arizonacriminaldefenseattorneyblog.com dated December 15, 2010 regarding Temporary Ban on use of synthetic or fake Marijuana also known as Spice: http://www.arizonacriminaldefenseattorneyblog.com/cgi-bin/mt-search.cgi?search=synthetic+marijuana&IncludeBlogs=401&search= Click on this link for more detailed information on synthetic marijuana and the ban on it.
Author: James Novak - Criminal Defense and DUI lawyer in Arizona (Former Prosecutor).

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

Continue reading "Synthetic Marijuana (Spice) Bill Signed Permanently into Law; Effective Immediately" »

February 23, 2011

The Best Criminal Attorney in Gilbert AZ is the One that is Best for You

There are many good criminal defense and DUI attorneys who can defend your criminal or DUI charges in Gilbert AZ. But the fact is, the very best one, is the one that is right for you. Sound simple? For the most part it is. And it will take some effort on your part. But in the long run it make just mean the difference of whether or not you get a conviction or a dismissal of your criminal or DUI charges. It applies to the old cliché "Sweat now, bleed less later."

Below is a list of things you can do to help you find the best criminal defense attorney or DUI lawyer to defend your Gilbert AZ Charges:

• The internet. This may sound remedial. But some people do not realize they should hire an attorney licensed in criminal law in Arizona to defend their Arizona charges. Look for "criminal defense attorney" or "DUI defense Attorney" DUI or Criminal Defense law firms, and the like. Be sure to limit your search within the jurisdiction, city or county and state you received the criminal charges or where you were arrested. Then select a few Criminal and DUI attorneys.
• Review the Attorney's Website in more detail. Limit your search to Arizona Attorneys who defend cases within Maricopa County, and often in Gilbert AZ Court. The Attorney you choose should be licensed to practice criminal law in the state of Arizona.
• Web Directories. There are literally hundreds of on-line Attorney directories. Again, limit your search to Arizona and the practice areas of criminal defense and DUI defense in the city, county, or jurisdiction in Arizona you were arrested or charged with a crime. .
• Review Sites and Forums. There is a wealth of information that can be found through internet review sites and social networks and forums. Find out type of experience others have had and their outcomes by hiring a particular attorney. A word of caution, do not post details regarding your criminal or DUI charges before or during the process of your situation while you are looking. Your comments are public and can be used against you.
• Referrals from trusted friends, family or neighbors. Be sure not to discuss your particular situation or details surrounding your charges.
• Contact the Arizona State Bar and/or the Maricopa County Bar Association to find out if they are licensed to practice criminal law in Arizona and for how long. They may also have other useful information to assist you.
• Once you have narrowed your search to a few attorneys that you feel are qualified and have the experience and credentials to defend your case, contact them for a Free Consultation.
• The consultation may be by phone or in person, whatever is agreed upon by you and the criminal defense attorney. Explain your charges, and answer any questions they have relating to your situation. The attorney will need to get information to further assist you, discuss your defense options and you're your a rate quote for retaining their legal representation.
• Use the consultation not only to get information relating to the charges and your defense options, fill the voids of information you would like to know about that attorney to help you make your decision. This should include qualifications, knowledge, training, experience, credentials, defense at trial, and how often they defend cases in Gilbert AZ. Most criminal defense or DUI attorneys should be able to give you a rate quote by phone. Ask about fees and flexible payment plans if needed. Ask whatever you need to know to make you feel confident you are making the right decision.

Choosing the best Attorney to defend you in Gilbert AZ for your DUI or criminal charges is an extremely important decision. Your freedom and future are in jeopardy. You need to find the best defense attorney for you. A well thought out decision will increase your chances of getting your charges dropped, a not-guilty verdict, a dismissal or reduction of charges or sentencing rather than a harsh conviction.

Continue reading "Synthetic Marijuana (Spice) Bill Signed Permanently into Law; Effective Immediately " »

February 22, 2011

By: James Novak, Phoenix DUI & Criminal Defense Lawyer

Due to ethical practices, this author will not be throwing any peers under the bus or name dropping. Even better however, you will get tips and tools to help you identify, good Arizona criminal defense Attorneys and DUI lawyers from those who should think twice about before hiring. The ordeal of a DUI stop or criminal arrest is traumatic for most people. The last thing you need, is to be taken advantage of, adding insult to injury. Here are examples of 5 red flags that should alert you, to seek another criminal or DUI lawyer's services for your Arizona criminal charges.

1) An Attorney out of state who is not licensed to practice law in Arizona.
If you have Arizona criminal or DUI charges, you need to hire an attorney in good standing who is licensed to defend cases in Arizona, for many reasons. To name a just a few: Criminal and DUI laws and penalties are some of the most severe in the country. The laws are turbulent and constantly changing. You need to hire someone who is well versed and familiar with the laws and the criminal justice system in Arizona.

2) An Attorney who "guarantees" they can get your DUI or Criminal charges dismissed. No attorney has a crystal ball. No attorney can tell you before retention, examination, and due criminal law process, what the outcome will be. And certainly no attorney can predict in advance what a jury will decide. . Anyone who guarantees an outcome to lure you into to hire them is giving you false hope, which is cruel and unethical.

3) An Attorney who tells you all DUI charges are "standard" and will result in the same outcome. This could not be further from the truth. All DUI & criminal cases have their own unique set of circumstances. Depending on the facts, the laws, the attorney who is defending you; defense strategies used; the strengths and weaknesses of the prosecution's case; and much more, determines the outcome in a case. DUI and criminal charges get dismissed every day in Arizona. Some of the charges and sentences can be reduced. Some defendants enter negotiated agreements which can have a variety of terms. Every case is different, and there are many possible outcomes.

4) An Attorney who uses "scare tactics". There is big difference between giving you factual information related to your charges and the criminal law process, v. trying to scare you into hiring them. After your consultation or hiring of an attorney you should feel confident that you are in good hands and that you have hired a competent AZ DUI and criminal attorney who will fight vigorously for your rights and freedom. You should feel a sense of trust and peace of mind- in their competence. You should never feel that if you don't hire that particular attorney you will get the maximum sentencing allowed by law. Enough said.

5) An Attorney who charges high fees tells you that if another Attorney charges lower fees, they are less competent or will do less work on your case. Wrong, wrong, wrong again. There are no official governing entities dictate how much attorneys can charge in Arizona. You will get a wide range of quotes low to high. What AZ criminal and Dui Attorney's charge is not a reflection of their competence, or how hard they will work to defend your case. Some of the best Arizona DUI lawyers charge some of the lowest fees and have for years. There are many reasons for this including, the law firm's operating costs, staffing needs, advertising expenses, size of the firm, competition, location, and more. Arizona has no shortage of qualified, experienced criminal and DUI attorneys who can provide you with a solid and effective defense at an affordable price.

Continue reading "5 types of criminal defense Attorneys to avoid when looking for DUI and Criminal Defense Representation" »

February 21, 2011

ADHS announces final rules for the Arizona Medical Marijuana Act on schedule to be published March 28, 2011. Over 2,150 comments were submitted to ADHS regarding the final rules.

February 19, 2011 News Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney

According to the official ADHS website, the public comment period for the draft rules closed February 18, 2011 as expected. The ADHS stated their target date to publish the final rules is March 28, 2011.

The ADHS will be reviewing the more than 1,000 comments they received electronically and 150 verbal comments provided during public comment sessions, on this second and final round of soliciting public feedback. Abut 1,000 comments were submitted for the initial draft rules. The ADHS plans to make the comments available to the public in the near future.

When you think about the hundreds of thousands of people who voted one way or the other, on Prop 203 back in November 2010, the number of comments, (approximately 2,150) pales in comparison.

So here we are, with implementation around the corner. Arizona residents were given their chance to vote, and provide constructive input regarding the Medical Marijuana Act rules. Each city in Arizona will administer the Medical Marijuana Law by adopting the final rules as they see best fit for their city.

There will be those who have significant interests or who will be greatly affected by the law, and are still unhappy with the final outcome following all due processes. With respect to those, they have one final option to act: Put simply, move...to another city or state. Like it or not, that's the way it is.

Continue reading "AZ MEDICAL MARIJUANA ACT UPDATE" »

February 18, 2011

Arizona criminal Lawyer provides insight into Criminal Defense for Theft Charges in Arizona

If you face felony theft charges in Arizona it is important that you contact Arizona criminal attorney who defends charges in the jurisdiction where you were arrested or received charges. Felony theft charge convictions can result in severe penalties, incarceration, in prison or jail, large fines, mandatory restitution and other punishments added as the court deems necessary based on the facts. You may have defenses that can be used to help you avoid a conviction. The best Arizona criminal attorneys agree you're your chances of getting you're AZ theft charges dismissed or reduced increase significantly if you retain an experienced Arizona criminal defense attorney.
Arizona Theft Defenses Based on Theft Laws in Arizona

Arizona theft laws begin with A.R.S. 13-1801 and A.R.S. 13-1802 and can be found at the azleg.state.az. Arizona Revised Statutes website. This discussion surrounds excerpts of the law cited in part from A.R.S. "13-1802. Theft; classification which reads in part as follows:

"...A. A person commits theft if, without lawful authority, the person knowingly...: 1. Controls property of another with the intent to deprive the other person of such property... B. A person commits theft if, without lawful authority, the person knowingly takes control, title, use or management of a vulnerable adult's property while acting in a position of trust and confidence and with the intent to deprive the vulnerable adult of the property...."

It is a comprehensive of a definition. But from a defense standpoint emphasis was added to the words "knowingly" and "intent". In order to get a conviction the Arizona prosecution will need to prove that you knowingly and intentionally committed the theft. This is just one of many defenses that experienced criminal defense attorneys in Arizona will use to build an effective defense on your behalf. Depending on the circumstances of your case, a good private practice criminal lawyer will recognize other defenses and present compelling arguments on your behalf.

Felony Theft Penalties Arizona
Felony Theft Penalties are determined based on classification of the felony. Felony theft classification is based on the dollar amount or value of the stolen property or service summarized below:

• $25 000. or more = Class 2 Felony;
• $4,000. or more but less than $25,000.00 = Class 3 Felony;
• $3,000. or more but less than $4,000. = Class 4 felony;
• Theft of a vehicle engine or transmission is a Class 4 felony, regardless of the value of that vehicle, engine or transmission;
• $2,000. or more but less than $3,000 = Class 5 felony;
• $1,000. or more but less than $2,000.00 = Class 6 felony;
• Less than $1,000. = Class 6 felony if the stolen property is a firearm or an animal stolen with the intent of using it for animal fighting (A.R.S. 13-2910.01 violation)

If the stolen property or service value is equivalent to $100,000.00 or more the defendants will not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as pursuant under section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

Criminal Defense Attorney in Arizona
Arizona felony theft charges have many facets which need to be evaluated by an experienced criminal lawyer to determine from what front the charges may be challenged. A good criminal lawyer in Arizona will know how to use the Arizona Laws to your defense advantage. They will guide you through the criminal law process, while looking for every opportunity to strengthen your defense, challenge evidence, and weaken the prosecution's case against you. Due to the severity of penalties for felony thefts it is imperative to be defended by an experienced private practice Arizona criminal attorney if you wish to have any chance for success at defending your charges, getting a case dismissal, reduction of charges, sentencing or good outcome in your case.

Continue reading "Arizona Felony Theft Laws: Factors that elevates a Misdemeanor Theft to a Felony Theft" »

February 16, 2011

Law Article Written By: James Novak, Phoenix DUI & Criminal Defense Lawyer

If you are charged with a crime or DUI in Arizona, you should consult a good Arizona Criminal Defense or DUI Attorney. Many do not know where to start or what to look for when to hire a good DUI or criminal attorney. Consequently, they may hire the one lease expensive thinking will produce the same outcome, so why pay more? Or to the contrary some feel if they higher the most publicized or expensive DUI and Criminal Defense attorneys they will get a better outcome. Neither perception is true.

Some of the best Arizona criminal and DUI defense attorneys are Law Firms who charge the most affordable price and can get you the same or better outcome. And some of the most expensive attorneys simply "go through the motions" and do little to protect your rights or fight for your defense. In the latter scenario, the final product results in a losing and unfavorable outcome. The best qualified Arizona criminal defense and DUI lawyers agree that there are far more factors to consider than price. There are more factors to consider when choosing an attorney if you are facing AZ criminal or DUI charges. So below are some important questions to ask and answers to consider:

• Are they familiar with constantly changing Arizona Laws and penalties?
• What forum or resources do they use to keep updated on these changes?
• Are they licensed with the Arizona State Bar to practice criminal and DUI defense in Arizona?
• How long have they resided in Arizona?
• How long have they defended criminal and DUI charges in Arizona?
• Approximately how many cases have they defended relating to your particular charges (assault, DUI, Theft, etc)?
• Are they familiar with utilizing criminal and DUI defense strategies that apply to your charges?
• How long they have been practicing Criminal and DUI defense?
• How experienced are they in trial and litigation?
• Approximately how many trials have they done?
• What was the outcome of those trials?
• Is their Law practice exclusive to Criminal and DUI Law?
• Have they been former prosecutors?
• Do they have a proven track record of success?
• Are they good litigators?
• Can they examine the evidence to build and mount the best defense?
• Do they regulate their case load to make sure they can put the time and effort needed to labor over building and mounting the best defense for you?
• Who will be handling the details and events of your case from start to finish? If a different attorney at that law firm will be handling your case, you want to make sure you meet them and ask them the same questions.
• Are they strong enough to challenge the prosecution's case or evidence against you?
• Will they be available to answer your questions and guide you through the processes?
• Will they over turn every item of evidence to look for weaknesses in the prosecution's case?
• Will they be able to present compelling arguments and file motions with the court, and educate the judge, prosecution and jury about your side of the story?
• How often have they defended cases in that particular court you are required to appear in Arizona?
• Are they familiar with the judge, prosecution, procedures, and stringent time-lines?
• Have you read reviews on the internet about the quality and effectiveness of their defense?
• Has anyone you know and trust referred them to you?
• Are their fees affordable and competitive in relation to others in the jurisdiction for which you face charges?
• Can you comfortable with communicating with them?
• Are they directly assessable?
• Are they respected and reputable in the community?
• Did you feel confident after your consultation that this DUI or criminal Attorney will give you the best defense possible?

This is just a sample list to consider when looking for a good AZ criminal or DUI attorney, but this should paint the picture. A good defense attorney will gladly answer these and any other questions you have to your satisfaction. If not, or you do not fee that comfort level, then talk to other criminal or DUI attorneys in Arizona until you do. You are the employer in this case. It is only prudent that you ask the right questions and get the answers you need to hire the best Criminal or DUI attorney to defend your case.

Continue reading "What Factors to consider when looking for the best legal representation for your DUI or criminal charges" »

February 14, 2011

How to Find the Best DUI Attorneys in Mesa, AZ

Arizona State Laws are strict, and punishments severe for DUI charges in Mesa Arizona. First time DUI convictions carry mandatory sentencing of jail time along with other adverse punishments. You will need to hire a good criminal defense or DUI attorney who defends cases often in Mesa AZ to represent you through the Criminal Justice system. They will make sure your rights are protected and do everything possible to get the best outcome in your case.

Here is a short list of resources to look and help you find the best criminal defense attorney to defend you in Mesa Court or other court in Maricopa County for your Mesa AZ Charges:

• The internet. Many attorneys not only have websites, but have a wealth of information on their website that tells you about them, their experience, qualifications and credentials.
• Internet review websites and other public resources on the web.
• Referrals from friends, neighbors, or family. Be cautious not to reveal or discuss and details regarding your case.
• Maricopa County Bar Association.
• Arizona State Bar. Make sure the criminal defense attorney is licensed to practice criminal defense in Arizona. If you were charged in Arizona, you need to hire an attorney who is licensed to practice in Arizona and does so regularly. .
• Once you have selected a few attorneys you wish to speak with, contact them for a Free Consultation. Be sure the consultation is free. Most criminal and DUI attorneys do not charge for the initial consultation,
• Answer any questions the Attorney may have. They will need additional information to help you. Then ask about your defense options and their fees for retention including terms of fee payment. Many attorneys are flexible and will provide a discount if you ask depending on the nature of the charges and the amount of work they will need to put into your case.
• Ask the Attorney all the questions you can about training, education, experience, and qualifications, that you were unable to find out about them through your initial resources.
• Affordability. Compare fees of the attorneys you speak with. Understand that the most expensive attorneys many not provide you with the best defense. And in contrast, the least expensive attorneys many be some of the best DUI and criminal defense attorneys in the state of Arizona.
• Communication. You must feel comfortable in your communications with your attorney. When you hire an attorney, you are the employer. But the fact is you will be working together as a team to get the best possible outcome in your case.
• Trust. You need to feel confident that your DUI attorney can do the job. If they give you advice, there is usually a good reason for it. If you don't know what that is, ask. You will be working with your attorney as a team. If you do not trust their judgment or competence from the start, your defense will be headed for disaster. So if the basic trust is not there from the start, you should continue your search until you feel that comfort level.

Choosing a Mesa DUI or criminal attorney for your Mesa criminal charges is one of the most important decisions you will make in a lifetime. An unwise decision can cost you not only the attorney fees, but your freedom and future. A wise well thought out decision will increase your chances of getting a dismissal or reduction of charges or sentencing and potential for a fresh start on life. Second chances are rare.

Continue reading "Resources to help you find a good criminal defense or DUI lawyer" »

February 9, 2011

The Best Criminal Attorney in Chandler AZ is the One that is Right for You.

There are plenty of good criminal and DUI defense lawyers who defend criminal or DUI charges in Chandler AZ. But the question is which one is right for you? It will take some effort on your part. It likens to the age old cliché "Sweat now, bleed less later."

Here are some tools that will help you make your decision. Below is a list of things you can do to help you find the best criminal defense attorney or DUI lawyer to defend your criminal or DUI charges in Chandler AZ: :

• The internet. Sound remedial, right? The fact is some people do not realize they should hire an attorney licensed in criminal law in Arizona to defend their Arizona charges. Look for "criminal defense attorney" or "DUI defense Attorney" "DUI or Criminal Defense firms". Even better, type in the name of the charges or reason for your arrest such as "assault defense attorney" or "drug charges attorney".

• Be sure to limit your search within the jurisdiction, city or county and state you received the criminal charges or where you were arrested. You will want to choose an attorney who defends charges like yours often in the court for which you are required to appear.

• Then select a few Criminal and DUI attorneys. Review those Attorneys' Websites in more detail. Do their websites provide adequate information about that attorney? Does their website provide useful criminal defense or DUI defense information?

• Web Directories. There are hundreds of on-line Attorney directories. Some are free and some cost the attorneys to be listed on them. Take lightly those sites that describe themselves as strictly "rating" sites. You should know there are no official governing entities in the state of Arizona who "rate" attorneys. Many of the rating sites charge the attorney and they are rated according to how much they are willing to pay. Some require a certain number of attorneys to recommend them. But in the end, none of them are federally, state, or official governing entities who exist simply to rate attorneys performance. .

• Forums, Social Networks, or Reviews with posted on the Attorney's website by prior clients. There is no substitute for a prior client's experience with that attorney or law firm. Many will provide information as to the outcome of their case as well as the service they experienced throughout the criminal defense process. Caution: do not post details regarding your criminal or DUI charges before or during the process of your situation while you have active criminal or DUI charges. Your comments are considered public information and can be used against you.

• Referrals from those you trust, such as friends or family. Again, do not discuss details surrounding your charges.

• Arizona State Bar and/or the Maricopa County Bar Association. You can confirm if they are licensed to practice criminal law in Arizona how long they have been licensed in Arizona. They may also have other useful information to assist you.

• After narrowing your search to several attorneys, or law firms, contact them for a confidential and free consultation.

• During the consultation (by phone or in person), explain your charges, and answer the Attorney's questions if they have any. Generally the attorney will need to get information to further assist you, discuss your defense options and provide you with a rate quote for formal legal representation.

• Obtain information or questions you have as well. Remember the attorney is limited to what can be provided without having evidence and documentation and formal representation. But you should be able to gain enough information to help you decide if this it is the best attorney to defend your charges in Chandler.

• The Attorney will usually be able to provide you a rate quote. If you feel this is the best attorney for you, but price is an issue. Let them know that. Most criminal and DUI attorneys have some flexibility. Some will allow partial payments, especially in the event of multiple or serious criminal charges. But in any situation, it does not hurt to ask. Some of the best criminal and DUI attorneys in Arizona are some of the most affordable.

Selecting the best DUI lawyer or criminal defense attorney to represent you in Chandler AZ court for your charges is an extremely important decision. It's your future, your freedom, and your reputation at stake. A criminal conviction can have adverse consequences that follow you for life. A wise choice about who to hire will increase your chances of getting your charges dropped, a not-guilty verdict, a dismissal or reduction of charges or sentencing.

February 8, 2011

10 Ways to Find the Best Tempe DUI Lawyer

Tempe DUI charges are serious crimes. Arizona State Laws are strict, harsh and constantly changing. Even a first time misdemeanor DUI conviction with no prior criminal record will cost you jail time along with other adverse penalties. You will need experienced Tempe criminal defense or DUI attorney to represent you through the Arizona Criminal Justices system. They will make sure your rights are protected and do everything possible to get the best outcome in your case. Tempe DUI and criminal charges are dismissed or reduced often do to the representation of a good Tempe DUI lawyer.

Below are some resources to start with and tips to help you find the best Tempe criminal defense or DUI Attorney to defend you in Tempe Court or other court in Maricopa County where you were charged with a DUI or other criminal offense.

1) The internet. You can find just about anything you need and easily from attorney websites, review sites, and other public resources on the web.
2) Referrals from family, friends or other trustworthy source.
3) The Maricopa County Bar Association
4) The Arizona State Bar to make sure they are licensed to practice criminal defense in Arizona. If you were charged in Arizona, you should hire an attorney who is licensed to practice in Arizona and does soon a daily basis. Some attorneys are licensed to practice in more than one state. But if they reside in Arizona they are more likely to be up to date on the constantly changing laws. Look for Attorneys who defend Tempe DUI or Tempe criminal charges often.
5) Narrow your search to a few attorneys you would like to speak with, then call them for a free consultation.
6) Explain your charges to the Attorney and ask about your defense options and their fees for retention. You will also want to discuss terms of payment. Many attorneys will provide flexibility in paying the fees as well as discounts. Just ask.
7) Ask the Attorney all the questions you can about training, education, experience, and qualifications, that you were unable to find out about them through your initial resources.
8) Affordability. Compare fees of the attorneys you speak with. Understand that the most expensive attorneys many not provide you with the best defense. And in contrast, the least expensive attorneys many be some of the best DUI and criminal defense attorneys in the state of Arizona.
9) Communication. You must feel comfortable in your communications with your attorney. When you hire an attorney, you are the employer. But the fact is you will be working together as a team to get the best possible outcome in your case.
10) Trust. You need to feel confident that your DUI attorney can do the job. If they give you advice, there is usually a good reason for it. If you don't know what that is, ask. If they need documentation or anything along the way, obtain it. Again, they have their reasons. And the best Tempe criminal defense attorneys missions are to provide the best DUI defense possible that will lead to a dismissal of charges, reduction of charges and sentencing, or the otherwise best possible outcome in your case.

Selecting your Tempe DUI or Tempe criminal attorney to defend your is a big decision. An unwise decision can cost you your freedom. A wise well chosen attorney can lead to avoidance of a criminal conviction, and possible dismissal or reduction of charges.

Continue reading "Resources you can rely on, to help you make the best choice in legal representation for your DUI and criminal charges" »

February 7, 2011

By: James Novak, Phoenix DUI & Criminal Defense Lawyer

1) Myth- Arizona Judges do not like when you hire a DUI defense attorney and it will result in less leniency.

FALSE - In fact, the majority of judges in Arizona prefer when the defendant hires a DUI defense Attorney. It makes their job easier. The judge will not have to take time and energy explaining things, and making sure the defendant understands the rules and protocol.

2) Myth - You will get the same end result if you do not hire an attorney, then if you retain an attorney to defend your charges.

FALSE - Going to court unrepresented is a fast track to a DUI conviction. Hiring a criminal or DUI defense attorney will significantly increase your chances of getting your case dismissed, charges and sentencing reduced or a much better outcome in your case than if you were to go unrepresented. The Arizona criminal justice system is a complicated maze of procedures, protocol, with strict and changing laws. The best criminal attorneys in Arizona agree that only by retaining a good DUI or criminal defense will your chances of getting your charges dropped or an acquittal increase. You will need a DUI attorney who can build and mount and present the best defense strategies on your behalf.

3) Myth - It is better to hire an attorney who charges higher "global" fees that includes trial v. an attorney who charges a lower flat fee for all pre-trial services and a lower second tier fee for trial.

FALSE - Top Attorneys and Law Firms have a difference of opinion in this matter. This author believes that it is not the best fee structure for all defendants in every situation. In the state of Arizona only about 2% to 3% (give or take a percentage over time) of DUI or criminal cases actually go all the way to trial. This means that 97% to 98% are dismissed or resolved through plea agreements before trial. So if your charges are dismissed or resolved before trial, the attorney keeps the trial fee, rather refunding you the unused trial portion.

4) Myth - If an attorney charges a higher price, he is a better attorney than one who charges a lower amount.

FALSE - There are no governing entities that regulate attorney fees or how much they charge for a particular service. Thus you will get quotes in vary wide low to high ranges for the same charge. Some DUI Attorneys charge simply for they estimated work time needed to defend the case. Many have been charging the same prices for decades. The Attorneys or Law firms must take into account their advertising, and operation costs needed to run their Law Firm. Those attorneys many tend to require a higher fee for service. There are some attorneys who feel they are justified in charging higher fees because they have more experience, training or education. But the fact that they perceive themselves in that fashion does not always make it true.

5) Myth - DUI or criminal defense attorney in Arizona you consult before hiring can guarantee your case will be dismissed or charges dropped.

FALSE - And raise the red flags. If a DUI or criminal defense attorney guarantees your case can be dismissed, run...don't walk the other way. There are many reasons DUI attorneys can not guarantee an outcome, especially a dismissal. First, they do not have a crystal ball. Second, ever case is different and presents it's own unique set of circumstances. Third, all the evidence must be examined including #911 recordings, report, field sobriety test results, breath test results, police procedures, constitutional rights issues, reason for the stop, witness statement, the law and defenses that can be used surrounding your individual circumstances. Fourth, if your case goes to trial, no one can predict their decision. There are many other reasons, but this should be enough to paint the picture of the myth is false.

Continue reading "5 Myths about Hiring an a DUI Attorney" »

February 7, 2011

Winning Defense Arguments used by top rated Maricopa County DUI or Criminal Defense Attorneys to Modify Release Conditions in your favor.

You or someone on your behalf should consult a criminal or DUI defense lawyer in Scottsdale as soon as possible if you have been arrested or taken into custody. Here is just one reason why: Following your arrest for DUI or other Criminal Charges in Maricopa County you will remain in police custody until you appear before the Maricopa County Court Judge who will read you your formal complaint, rights, and pre-trial release conditions.

The Maricopa County Court Judge's release conditions should meet the standard of A.R.S. Criminal code Rule 7 requirement of "onerous" (or the least burdensome) initial pre-trial release conditions based on your charges and factors that surround it. If these initial release conditions are too harsh, or unreasonable, you should retain the services of an experienced criminal lawyer who defends criminal, Drug, or DUI charges in Maricopa County. Your Maricopa County Criminal defense Attorney can file an immediate motion while you are still in custody, to modify your release conditions. They will present compelling arguments, and remind the Maricopa County Judge, and prosecution of the Arizona Rule 7 "onerous" standards. The intent of the standard is that it is of a necessary nature only to secure attendance at future court appearances or trial, and that based on the charges, your release does not pose a threat or harm to the community.

Below are 10 of many arguments your attorney may use and the Maricopa County Court will consider in your defense if they apply, in order to honor your Maricopa County criminal attorney's request to modify your release conditions. This list is not all inclusive:

1) You have a serious medical condition or disability that requires special or constant medical attention or treatment.
2) Financial hardship that will be imposed upon your family, especially if you are the sole provider.
3) Lack of anyone to care for your children while you are in custody, especially if you are a single parent with no other alternatives for their care and supervision.
4) You are the sole care giver to a disabled, ill or elderly family member.
5) Longevity of your residence in Arizona. Strong ties to your family, home, job, in order to illustrate that you are not a "flight risk".
6) Name and relationship of another responsible, stable person to whom you can be released to for supervision, who will assure your attendance at future court appearances for which you are required to attend.
7) Your willingness to give up any passports that would allow you to flee the United States, or some other type of assurance that you are not in a position to leave the state of Arizona.
8) Lack of financial resources to make bail.
9) You have no prior criminal record or convictions.
10) Nature of the charges for which you were arrested, were not violent. You did not harm or intend to harm anyone. And your release from police custody does not pose as threat to society.

Continue reading "10 Good Reasons a Maricopa County Judge will consider for Modifying Release Conditions" »

February 4, 2011

Public comments on the Arizona Medical Marijuana Act initial rules obviously had an impact based on the new rules posted January 31, 2011 by ADHS.

February 3, 2011 Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney

It seems like just yesterday the votes on AZ Prop 203 were finally counted, and the law passed. Yet, here we are just a few months away from implementation.New revised rules were posted January 31, 2011 on the official ADHS website. The public has until February 18, 2011 to post electronic comments to the revised rules. Revisions were made in part based on comments contributed by the public after the initial draft rules were drafted and posted.

If you are following the events leading to implementation, mark your calendars for the next important dates that were published on the ADHS website:

1) March 28, 2011 - Final rules will be published by ADHS. These rules will l be the ones used for implementation of the Arizona Medical Marijuana Act.

2) April 2011 - Applications will be accepted and considered by ADHS for patients and caregivers who meet the required qualifications.

3) May 1, 2011: applications will be accepted and considered for dispensary registration certificates by AHDS.

ADHS will consider public comments on the revised rules until February 18, 2011. Based on the amount of changes made which can be viewed on the ADHS website, your opinions on the Arizona Medical Marijuana Act initial rules made a difference. Just the votes, every one was considered and counted. Many had regrets one way or the other if they did not vote when they had the chance on AZ Proposition 203. Don't pass up another chance to post a constructive comment on the new rules.

Continue reading "AZ MEDICAL MARIJUANA ACT UPDATE" »

February 3, 2011

How an experienced Criminal Attorney Builds a Defense Case

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. You will easily be able to find a good criminal or DUI defense Attorney who provides a Free Consultation. Most of them do.

You may wonder what can an Attorney do that you can not do yourself. A good Phoenix Criminal Attorney or Phoenix DUI lawyer is highly educated, trained and experienced in defending and litigating criminal and DUI charges. They are familiar with the criminal laws of the state of Arizona, as well as case law. Qualified DUI or Criminal Attorneys who defend cases on a regular basis know how to use the authority of law, defenses that can be used, and exercise your constitutional rights to defend you.

Phoenix AZ DUI & Criminal Attorney - How they build your Defense Case
What you may not realize is that behind the scenes a good DUI or Criminal defense lawyer who defends cases in Phoenix criminal court is involved in many activities on your behalf. 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 some 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 evaluating all evidence, or lack thereof;
2. Looking for exculpatory evidence (evidence in your favor);
3. Determining what defense strategies and tactics will best serve your defense to get the best outcome in your case;
4. If one is necessary, securing and reviewing independent opinions and reports from experts;
5. Reviewing all documents including but not limited to police reports, your citation, sobriety, breath test, or chemical test results, photographs, and #911 call transcripts;
6. Interviewing, deposing, or questioning arresting police officers; investigative officers.
7. Containing or interviewing other witnesses if available.
8. Creating and mounting a compelling defense case against the prosecution's evidence and case. Note: 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;
9. Participating in court proceedings, other hearings, status conferences, and pre-trial conferences, which focus on legal issues such as admissibility or suppression of evidence; modifying pre-trial release conditions, and plea negotiations; other legal matters regarding your charges and defense.
10. Preparation for trial;
11. Your Phoenix DUI or criminal defense attorney will be working with you and the prosecution to work out a mutually agreeable resolution. This is generally known as "plea agreement". It 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.

A word of caution about choosing a DUI or criminal defense attorney: Take some time to make sure that the DUI and criminal defense attorney you select to defend you in Phoenix AZ court, has the time to devote, knowledge, qualifications necessary, litigation experience, and is committed to doing everything possible to defend you. If you are represented by such an attorney your chances of getting your DUI or criminal charges reduced or dismissed significantly increase.

Continue reading ""What will a DUI lawyer do to defend my charges?" " »

February 2, 2011

Winning arguments used by experienced criminal Attorneys to request modification of your pre-trial release conditions from Scottsdale AZ Custody.

Following your arrest for DUI or other Criminal Charges in Scottsdale AZ you will remain in police custody until you appear before the Scottsdale Court Judge who will read you your formal complaint, rights, and pre-trial release conditions.

The Scottsdale Court's release conditions should meet the standard of A.R.S. criminal code rule 7 which requires the Judge to issue orders that are the least "onerous" (or the least burdensome) initial pre-trial release conditions based on your charges and factors that surround it. If you feel the release conditions are too harsh, or unreasonable in nature, you should retain the services of an experienced Scottsdale criminal lawyer. Your Scottsdale Criminal Attorney can file an immediate motion while you are still in custody,

To modify your release conditions. They will present compelling arguments, and remind the Scottsdale Judge, and prosecution of the Arizona rule 7 "onerous" standard. The intent of the standard is that it is of a necessary nature only to secure attendance at future court appearances or trial, and that based on the charges, your release does not pose a threat or harm to the community.

Below are 10 of many factors the Scottsdale Court will consider in your defense in order to honor your Scottsdale criminal attorney's request to modify your release conditions. This list is not all inclusive:

1) Medical conditions or disabilities that require special or constant medical attention or treatment.
2) Financial hardship your family will suffer, if you are the sole provider.
3) Lack of anyone to care for your children while you are in custody if you are a single parent with no other alternatives for their care and supervision.
4) You are the sole care giver to a disabled or ill family member.
5) Length of residence in Arizona and your strong ties to your home, job, family life in Arizona to argue that you are not a "flight risk".
6) Name and relationship you have to another stable and responsible person to whom you can be released to, and who will assure your attendance at future court appearances for which you are required to attend.
7) Your willingness to give up any passports that would allow you to flee the United States.
8) Lack of financial resources to make bail.
9) You have no prior criminal record or convictions.
10) Nature of your crime was not violent, you did not harm or intend to harm anyone and your release does not pose as threat to society.

Continue reading "Modification of Release Conditions: What to do if your release conditions by the court are unreasonable and too harsh" »

February 1, 2011

How Good Phoenix Criminal Attorneys get your Pre-trial Release Conditions Modified

Following your arrest and detention you will have an initial appearance before the Phoenix Court Judge. At this time, the Phoenix Court judge will advise you of your pre-trial release conditions. The Judge will let you know if and upon what conditions your release will be allowed. This includes if bail will need to be posted and the bail amount. The judge will also tell you if you are bondable or not. The judge considers many factors before making this decision including classification, misdemeanor or felony, severity of the crime, prior criminal history, flight risk potential and many other factors.

If you feel your release conditions are too harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney who will immediately file a motion to request modification of your pre-trial release conditions Therefore, if you have been arrested in Phoenix, you or someone on your behalf should consult an Arizona criminal defense attorney who defends criminal charges in Phoenix AZ on a regular basis as soon as possible to discuss your charges, defense options, and modification of your pre-trial release conditions from custody in Phoenix AZ.

Modifications your attorney requests depends upon what release conditions were ordered by the judge. Some modifications your Phoenix 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 home confinement with ankle bracelet security.

When you meet with your 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 attorney will then formulate compelling arguments and file the appropriate motions with the Phoenix court on your behalf.

Continue reading "Modifying Release Conditions: What to do if you can't post bond to be released from custody" »