June 2011 Archives

June 30, 2011

You can gain control of your life again for a fresh start by hiring a good criminal defense attorney who defends cases in Scottsdale AZ.

In Arizona robbery is considered a Class 4 Felony under Code A.R.S. 13-1902 of Arizona Criminal Law. If you were arrested for robbery in Scottsdale, AZ should consult good AZ felony attorney who defends charges in Scottsdale AZ regularly. Top Criminal Lawyer in Arizona will advise you to plead "not guilty" initially and hire an experienced Arizona criminal attorney to defend your charges.

Felony Charges | Robbery Laws | Scottsdale Arizona
A.R.S. 13-1902 Robbery is defined as offenses occur under the following circumstances:
A. Taking someone's property; and
B. While in the presence of the owner, permissive caretaker, or other authorized party overseeing the property (such as a sales representative at a convenient store);
C. The property was taken forcefully against the owner's or authorized person's will;
D. The accused used intentionally used threat, intimidation, or force, against the owner or custodian of the property in order to gain control of the property. Thus causing the person or authorized party to surrender the property to them.

Robbery Sentencing
Sentencing if convicted of Scottsdale robbery charges, include incarceration in state prison with sentences not to exceed 3.75 years; jail sentence up to one year; fines, restitution for the victim's property damage, or stolen property, probation, mandatory counseling, and anything the judge feel is appropriate and necessary based on the facts surrounding the charges. Sentencing considerations by he judge include past criminal record, repeat offenses, manner of robbery, monetary value of items, and number of items stolen.

Robbery Attorney - Criminal Defense for Robbery
Arizona is relentless in pursuing convictions for robbery charges. If you face Scottsdale robbery charges, you will need a highly qualified criminal attorney to defend. This will be give you the best chance at getting a case dismissal, charge or sentencing reduction, or otherwise better outcome in your case than what a conviction or guilty verdict by a jury would bring. You can take control of your situation by hiring a good felony defense attorney who defends charges in Scottsdale AZ. Failure to hire an experienced private practice criminal attorney in Arizona will almost always result in a conviction. A good criminal lawyer or defense firm will make sure your rights are protected, you are treated fairly; and build and mount a strong defense case on your behalf.

Continue reading "Robbery Laws: Definition of Robbery, and sentencing considerations if convicted." »

June 28, 2011

How Top Rated Mesa AZ Criminal Defense Attorneys Get Your Release Conditions Modified (Pre-trial)

After your Mesa AZ DUI or Criminal arrest and detention you will be required to have an initial appearance before the Mesa AZ Court Judge. The judge will read you your rights, formal charges, and advise you of your pre-trial release conditions. The primary purposes of court in setting release conditions is to 1) secure a defendant's appearance for future court dates or trial, 2) and to make sure the defendant's release does not pose a threat or harm to others in the community.

The Mesa Arizona 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. The release conditions should not be unjust or unreasonable based on the crime you are accused of committing. For example, if a financially burdened defendant, with no prior criminal record was accused of shoplifting milk and a loaf of bread, without any weapons or threat of harm to anyone in the store; it would be outrageous for the judge to require him to post a $750,000.00 bail bond in order to be released from custody. If the release conditions seem overly harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney.

An experienced private criminal defense attorney who defends charges regularly in Mesa AZ court will immediately file a motion to request modification of your pre-trial release conditions. This can be done immediately while you are in custody. Either you or someone on your behalf can consult a Mesa 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 Mesa AZ. This service by your private attorney is usually done as part of the entire retention and formal defense process.

Examples of modifications your Mesa criminal defense 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 (for example a minor being released to the parents of the minor) home confinement with ankle bracelet security, and other more favorable conditions than initially ordered by the Mesa Court Judge.

When you discuss your case and initial release conditions with your Mesa Criminal or DUI Defense Attorney, be sure you communicate your concerns about the initial orders and how they will impact you, your family, your job, your financial situation. Your Mesa criminal defense attorney will immediately formulate compelling arguments and file the appropriate motions with the Mesa court on your behalf, in most cases while you are still in custody if you have retained them formally for legal representation.

Your chances of getting your pre-trial release conditions modified with the retention of a good private practice criminal attorney who defends charges in Mesa frequently significantly increase in your favor.

Continue reading "Release Conditions: How to get harsh criminal release conditions modified." »

June 24, 2011

10 Ways AZ DUI Lawyers Defend Blood Alcohol Tests

In same DUI cases, blood alcohol test results can be challenged, and lead to a total dismissal of your Tempe DUI charges. If you were arrested for a Tempe DUI, based on your BAC results that factor alone does not mean you will be "convicted". In fact, some Tempe DUI attorneys may actually use the blood testing evidence to defend your DUI charges, and ultimately get your DUI charges dismissed, .

Arizona DUI | Defending Blood Alcohol Content (BAC) Test Results
If you were charged with a DUI in Tempe AZ based upon your BAC levels from blood testing results, you should contact a Tempe DUI lawyer as soon as possible to discuss your defense options. In many cases, your DUI defense attorney can challenge the prosecution's blood evidence. This may lead to suppression of that evidence and dismissal of your DUI charges.

Here are at least 10 ways your Tem0pe DUI lawyer might challenge your DUI blood test results:

1. Violations and errors in conducting of the blood test;
2. Police failed to follow required rules of DUI blood alcohol testing, analysis, preservation, or transport;
3. The police officer who drew the blood was not properly trained and certified in phlebotomy and DUI blood testing;
4. The sample of the blood you were given was tested by an independent lab, and largely differed from the blood test results taken by the police.
5. Improper labeling resulted in the blood sample resulted in someone else's blood evidence;
6. The blood vial was not properly sealed for transport for processing;
7. The blood kit used by the police had an expired date.
8. The blood testing kit used by police was stored in the police officer's vehicle and long term exposure to extreme heat temperatures in Arizona.
9. The police sent their blood sample somewhere else instead of the crime lab processing. Most busy hospitals and other medical treatment facilities are usually not required to follow strict protocol for the processing of criminal related evidence.
10. The arresting police officer refused or failed to give you a blood sample for your Tempe DUI defense attorney. This is a violation of your constitutional rights.

Criminal Defense - Tempe DUI
When you contact a prospective Tempe DUI attorney to defend DUI charges, ask the them, if they intend to retest the blood. Most of the best Tempe DUI lawyers do this on every defense case involving blood testing results. Also, ask the DUI attorney who will be responsible for the blood retesting fees at an independent crime testing lab. The charge for this service is currently between $250.00 and $350.00. A majority of AZ DUI attorneys will factor in this fee to your total defense cost. Some DUI attorneys in AZ will even pay this fee on our behalf as a courtesy. But if your DUI lawyer requires you to pay the fee in addition to their fees for legal defense, and you still wish to hire that Tempe DUI lawyer, it is well worth the cost to pay to have the DUI blood sample retested. Many cases get dismissed because the tests were challenged successfully by a DUI defense attorney. The best Tempe criminal defense attorneys understand the importance of examining all the aspects of the blood test results. If weaknesses exist in the prosecution's evidence, your DUI lawyer will educate the court and prosecution, present compelling arguments that just may lead to dismissal of your Tempe DUI charges.

Continue reading "DUI Blood Tests: How defend your DUI charges by challenging DUI blood test results" »

June 22, 2011

10 Ways Scottsdale Attorneys Challenge Blood Alcohol Tests

In same cases your blood test results can lead to a dismissal of your Scottsdale DUI charges. If you were arrested for a Scottsdale DUI, based on your BAC results that evidence alone does not mean you will be convicted. In fact, some Scottsdale DUI attorneys may be able to use the blood testing evidence to defend your DUI charges.

Scottsdale DUI Defenses | Challenging Blood Test Evidence
If you were charged with an AZ DUI in Scottsdale based upon your BAC levels from blood test results, you should contact a DUI lawyer or criminal defense attorney who defends DUI charges in Scottsdale AZ on a regular basis. Often your DUI defense attorney can challenge the prosecution's blood evidence. In many cases this can lead to suppression of that evidence and dismissal of your DUI charges.

Here are some common ways your AZ DUI lawyer might challenge your blood test results:
1. Your DUI defense attorney finds violations and errors in conducting of the blood test;
2. Police or medical personal failed to follow prescribed rules of testing, analysis, preservation, or transport.
3. The Police Officer or other person drawing the blood was not properly trained and certified in phlebotomy and DUI blood testing.
4. Your defense attorney had the sample of the blood you were given for your defense tested by an independent lab. The independent lab results were largely different that the results taken by the police.
5. Due to improper labeling, the blood sample being used against you was not actually yours (Yes, it does occasionally happen).
6. The vial was not properly sealed..
7. The blood kit used by the police was expired.
8. The blood testing kit used to draw the blood was stored in the trunk of the police officer's vehicle and subject to extreme Arizona heat for a long period of time.
9. The police sent their blood sample to a hospital instead of the appropriate crime lab for processing. Hospital medical personnel are usually not trained or required to follow the strict guidelines for criminal evidence testing procedures and protocols. They are held accountable to their own governing entities for the testing and treatment of patients for medical purposes only.
10. The arresting police officer either refused or failed to draw and give you a second sample of your blood for defense testing. This is a violation of your constitutional rights.

Attorneys - Scottsdale DUI defense
Once you have contacted a prospective DUI attorney to defend your Scottsdale AZ charges, be sure to ask them, initially if they intend to retest the blood. The best Scottsdale DUI lawyers usually do. Also, ask who will be responsible for paying the blood retesting fee charged by an independent lab. This fee can cost between $250.00 and $350.00. Generally, the AZ DUI attorney will include that in the total price of your defense. Sometimes DUI attorneys in AZ will pay the fee on your behalf as a courtesy. But if they require you to pay the fee in addition to their fees for legal defense, and you still wish to hire that Scottsdale DUI lawyer, it is well worth the cost to pay to have the blood sample retested Many DUI charges have been dismissed because they were challenged by the DUI defense attorney. Top rated Scottsdale criminal defense attorneys; will investigate all the aspects surrounding the blood test results. They will then educate the court and prosecution, present compelling arguments and file motions that will lead to dismissal of your Scottsdale DUI charges.

Continue reading "Drunk Driving Charges: How to challenge Blood Alcohol Content (BAC) results" »

June 20, 2011

AZ Felony Mandatory Sentencing Guidelines

Despite Arizona's "Mandatory Sentencing" laws and guidelines for certain felonies a good AZ criminal defense lawyer may still be able to get your felony charges partially or completely dismissed. In alternative they may be able to fight for a reduction in charges to a "Standard Felony" or even a misdemeanor. This reduction in charges means you would avoid prison; thus allowing you to be eligible for probation instead.

Scottsdale AZ Felony Charges
If you are facing felony charges in Scottsdale AZ. you should do whatever it takes to hire the best Scottsdale criminal defense lawyer possible to defend you. Being charged with a felony does not make you "guilty". By law you are entitled to a defense. Your best chance at a good outcome is to use a private practice AZ criminal defense attorney who defends Scottsdale felonies on a regular basis.

Felony Penalties for Scottsdale Felony Convictions
Arizona has some of the toughest punishments for felony convictions in the country. Because of these harsh penalties, usually most people have too much to lose to accept a conviction. This particularly the case if you felony conviction falls within the category of Arizona's "Mandatory Sentencing Laws". This is why it is so important to hire a good Scottsdale criminal defense attorney.

Such felony conviction penalties under "Mandatory Sentencing Laws" make you ineligible for probation. If convicted, you will be exposed to long prison terms within a certain range for the crime; exorbitant fines; probation with interlock monitoring device (ankle bracelets); and a felony criminal record that will following with adverse impacts on your life for many years. The Arizona judge also has authority to order more severe punishments depending on the circumstances surrounding the felony charges.

Types of Felonies That Subject to AZ "Mandatory Sentencing Laws"
In the state of Arizona, certain felony charges are subject to Arizona's Mandatory Sentencing Laws referred to under A.R.S. 13-601 and A.R.S. 13-701. These charges including, but are not limited to the following:
1) Dangerous, violent crimes;
2) Sex crimes and assault;
3) Assaults involving use of a deadly weapon;
4) Assault and battery with a weapon;
5) Armed robbery; or repeat offenses;

Defense Lawyers in Scottsdale AZ for Felony Criminal Charges
It is critical for you to hire the best criminal defense or felony DUI lawyer possible; preferably an experienced litigator, with a proven successful defense record. There are two primary opportunities that top Scottsdale Defense Lawyers will use to achieve the best outcome of getting an acquittal, charges dismissed, or sentencing reduced.

1) The Defense Stage: Gathering Evidence, filing early procedure motions, participating in conferences and hearings, hiring experts, having DUI chemical evidence retested, challenging weak evidence, looking for reasons to get flawed evidence suppressed; deciding on a winning defense strategy based on the facts.

2) The Sentencing Stage: If there is no chance of getting the charges dismissed based on the strength of the prosecutions evidence, then your defense attorney will shift to the next stage which is sentencing. Your Scottsdale criminal lawyer will present mitigating factors (facts that are in your favor), exculpatory evidence, and reasons why you deserve a lesser charge or reduced sentence.

Continue reading "Mandatory Sentencing Laws: Types of felony charges that are subject to harsh Mandatory Sentencing Guidelines." »

June 16, 2011

AZ Felony Mandatory Sentencing Guidelines

Even for Arizona's "Mandatory Sentencing" laws and guidelines for certain felonies, a good AZ criminal defense lawyer may still be able to get your felony charges partially or completely dismissed. In alternative they may be able to fight for a reduction in charges to a "Standard Felony" or even a misdemeanor. This reduction in charges could mean you would avoid prison; thus allowing you to be eligible for probation instead.

Mesa AZ Felony Charges
If you were arrested for felony charges in Mesa AZ. you should hire the best Mesa criminal defense lawyer possible to defend you. A criminal charge is far from a conviction. Being charged with a felony does not make you "guilty". By law you are entitled to a defense. Your best chance at a good outcome is to use a private practice AZ criminal defense attorney who defends Mesa felonies on a regular basis.

"Mandatory Sentencing" Penalties | AZ Felony Convictions
Arizona State Law is strict and harsh on felony convictions. As a result, most people have too much to lose to accept a conviction. This is particularly the case if the felony conviction falls within the category of Arizona's "Mandatory Sentencing Laws". Such felony conviction penalties under "Mandatory Sentencing Laws" make you ineligible for probation. If convicted, you will be exposed to long prison terms within a certain range for the crime; exorbitant fines; probation with interlock monitoring device (ankle bracelets); and a felony criminal record that will following with adverse impacts on your life for many years. The Arizona judge also has authority to order more severe punishments depending on the circumstances surrounding the felony charges.

Types of Felonies That Subject to AZ "Mandatory Sentencing Laws"
In Arizona, certain felony charges are subject to Arizona's Mandatory Sentencing Laws referred to under A.R.S. 13-601 and A.R.S. 13-701. These charges including, but are not limited to the following:
1) Dangerous or violent crimes;
2) Sexual assault or other violent assault crimes;
3) Assault with use of a deadly weapon;
4) Assault and battery with a weapon;
5) Armed robbery
6) Repeat offenses;

Defense Lawyers in Mesa AZ for Felony Criminal Charges
It is critical for you to hire the best criminal defense lawyer possible; preferably an experienced litigator, with a proven successful defense and trial record. There are two primary stages during the criminal justice process that top Mesa Defense Lawyers use to achieve the best outcome of getting an acquittal, charges dismissed, or sentencing reduced.

1) The Defense Stage: Gathering Evidence; filing early procedure motions; participating in pre-trial conferences and hearings, hiring experts; having DUI chemical evidence retested; deposing or interviewing witnesses including the police; challenging weak evidence; looking for reasons to get flawed evidence suppressed; deciding on a winning defense strategy based on the facts.

2) The Sentencing Stage: If there is no chance of getting the charges dismissed based on the strength of the prosecutions evidence, then your defense attorney will shift to the next stage which is sentencing. Your Mesa criminal lawyer will present mitigating factors (facts that are in your favor), exculpatory evidence, and reasons why you deserve a lesser charge or reduced sentence.

If you have been arrested for DUI or any criminal charges either Misdemeanor or Felony in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information. .

Continue reading "Felony Convictions: Crimes Subject to Mandatory Sentencing Guidelines" »

June 14, 2011

"Even the Best Arizona DUI Lawyers will hire their own Private Practice DUI Lawyer to represent them if they get an Arizona DUI"

AZ DUI Blog By: James Novak, Arizona DUI and Criminal Defense Lawyer
Defendants who face Arizona DUI charges in Maricopa County have a constitutional right to hire an AZ DUI Lawyer to defend their case or go without legal representation. They should use it. Representing yourself is risky and imprudent. Some DUI lawyers call it a fast track to an early AZ DUI conviction. Representing yourself makes it easy for an experienced prosecutor to get a conviction.

Was it Theologian, John Calvin centuries ago who said, "Only a fool represents themselves in court"? And was it President Abraham Lincoln who said "Any man who represents himself in court has a fool for a client"? While who coined the phrases may be debatable, their meanings are clear. This is particularly true in the defense of AZ criminal or DUI charges.

Even the best AZ DUI lawyers will hire a third party private practice criminal defense or Phoenix DUI lawyer to defend their DUI if they have the misfortune of getting one. Successfully defending Arizona DUI charges is a serous and complicated legal matter. AZ Criminal Defense Lawyers would agree, to provide a proven and successful DUI defense, requires a vortex of qualifications, training and hundreds of hours of courtroom and trial experience.

Here are at least 10 good reasons you should hire a private practice criminal or DUI trial lawyer in Maricopa County to defend your charges (this list in not all inclusive):

1. To avoid unknowingly saying or doing something that will incriminate your defense case.
2. To avoid unintentionally waiving any constitutional rights you could have used in your defense.
3. To avoid overlooking a defense strategy, that if used properly may have led to dismissal of your charges.
4. To remain detached and objective in examining the facts, evidence and defenses.
5. To eliminate being led into an evidentiary trap, and being lured into it by the prosecution. Many become aware of what happened after the damage is done.
6. To avoid the chance of misinterpretation of the constantly changing and tough AZ DUI Laws, and penalties.
7. To help you recognize and use evidence that is material to building a solid DUI defense strategy. (You may be surprised at the factors which are material. Many reach far beyond just the results of your DUI breathalyzer or blood test.)
8. You want to recognize weaknesses or flaws in the prosecution's case; and avoid overlooking exculpatory evidence (evidence in your favor) that may strengthen your defense case and lead to a DUI dismissal.
9. You avoid failing to miss any procedural guidelines, deadlines, arguments, or processes that must be followed in the Maricopa County Criminal Justice System. If overlooked they may jeopardize your defense. Many DUI charges are dropped due to procedural errors or protocol violations by police or prosecution.
10. Lastly, a law expert once said "Never underestimate the power of filing early motions" (paraphrased). While they may be seemingly irrelevant to a defendant, or the general public, DUI or Criminal Charges in Arizona are dismissed every day due to procedural or defense motions filed early in the criminal or DUI case by the defendant's

AZ DUI or AZ criminal defense lawyer.
The stakes are high. No matter whether you were arrested for a misdemeanor DUI or Felony DUI, the negative consequences can be life altering. Arizona has some of the toughest DUI Laws and penalties in the country including Jail or prison terms; Vehicle interlock devices; Hefty fines, fees, costs and/or restitution; Probation; Suspension or revocation of your driver's license; Participation in drug or alcohol treatment programs; and long term Criminal Records. Hiring a private practice AZ DUI lawyer who is highly trained, skilled, qualified and experienced in defending Maricopa DUI cases on a daily basis is your best chance at a DUI dismissal or other favorable outcome.

Continue reading "DUI Arrest: Why you need a Criminal Defense Attorney for DUI Charges" »

June 10, 2011

Felony Mandatory Sentencing

Despite Arizona's "Mandatory Sentencing Laws" it is still possible for good Arizona criminal defense lawyer to get your DUI dismissed or a reduction in charges for "Standard Felony sentencing". This would enable you the defendant to be eligible for probation instead of prison time."

Felony Charges in Phoenix
If you face active felony charges in Phoenix you will need to hire a well qualified criminal defense attorney as soon as possible. Keep in mind, that just because you were arrested or charged with a felony, it does not mean you will automatically be convicted. There is a lot of room for challenging felonies. But you must hire a good AZ criminal defense lawyer to represent you. Arizona has some of the toughest penalties for felony convictions in the country. A Phoenix felony conviction can expose you to harsh punishments such as lengthy jail time; life long prison terms; restitution; exorbitant fines; probation with interlock monitoring device (ankle bracelets); and a felony criminal record that will haunt you for years into the future.

Arizona "Mandatory Sentencing Laws" for Felony Charges
For more than 30 years, certain felony charges including but not limited to dangerous, violent crimes; sex crimes; assaults involving use of a deadly weapon; assault and battery with a weapon; armed robbery; or repeat offenses; have been subject to Arizona's Mandatory Sentencing Laws A.R.S. 13-601 and A.R.S. 13-701.
If convicted of certain felonies, you will not be eligible for probation. Instead, you will be sentenced to a prison term within a certain range for that crime. The Arizona judge does have authority to use discretion to order a more aggravated sentences based on the circumstances surrounding the felony charges.

Despite Arizona's Mandatory Sentencing Laws, it is not uncommon for a good Arizona criminal defense lawyer to get more favorable outcomes such as a dismissal of charges, reduction in charges to a "Standard Felony" to avoid prison, and allow the defendant to be eligible for probation.

Phoenix Criminal Defense Lawyer for felony criminal and DUI charges
It is important that you hire a good felony defense attorney who is 100% devoted to criminal and DUI defense, with a proven and successful defense track record. Top criminal lawyers who defend felony criminal and DUI charges in Phoenix understand that a defense has two extremely critical points in which to get you the best outcome.

1) The Defense: Defending the client in every aspect of the case, and using all opportunities to challenge evidence in order to suppress it; building a strong defense case, and attempting to get the felonies dismissed, or an acquittal.

2) The Sentencing Stage: If a dismissal of charges can not be achieved, then a good private criminal attorney will fight hard to ensure the best possible outcome that imposes the least impact on your life. This involves active plea efforts by your attorney including the presentation of mitigating factors, reasons, evidence of why you deserve a lesser charge and/or reduced sentencing.

Bottom line, your best chance at getting a felony acquittal, dismissal or otherwise good outcome, is to hire the best Arizona criminal defense or AZ felony DUI lawyer you can find.

Continue reading "Differences between Standard Sentencing and Mandatory Sentencing Laws" »

June 8, 2011

Find out how top Chandler DUI Lawyers Challenge DUI or Drug Blood Alcohol Tests

DUI & Drug blood test evidence can be challenged by your Chandler DUI or Criminal Defense lawyer. The results often lead to a dismissal of your DUI or Criminal charges.

AZ DUI Laws | Defending Blood Alcohol Content (BAC) Test

If you were arrested for drunk driving or DUI Drug charges in Chandler AZ based upon your DUI blood testing results, your private Chandler DUI or criminal lawyer can sometimes be used as exculpatory evidence (evidence that helps your defense).

Below are 10 ways your AZ DUI or criminal defense attorney might use to challenge your Chandler drunk driving or Drug DUI blood test results.
1. Errors occurred in the conducting of the blood test.
2. Police violated required protocol related to DUI blood alcohol testing, analysis, preservation, or transportation of the blood sample.
3. The Police Officer who conducted the blood test was properly trained and was not certified in phlebotomy for DUI or drug testing;
4. The blood sample retested by your Arizona criminal defense lawyer or DUI attorney at an independent crime lab resulted in significantly different results than those processed at the police crime lab;
5. Due to improper labeling the blood sample belonged to someone else other than you.
6. The blood sample container was not properly sealed during storage and transport;
7. The date of the DUI or Drug testing kit used by police to conduct your test was expired.
8. The DUI or drug blood testing kit used by police was stored and exposed to prolonged extreme temperatures which compromised accurate results.
9. The police had your blood sample processed at a hospital instead of a crime lab. Most hospitals are not equipped for or designed for processing of criminal evidence. They are not required to follow proper protocol for testing, storage and transport of criminal or DUI evidence. They are intended for treatment and testing of injured or ill patients. Further, they have different policies, procedures and governing entities.
10. The police officer (s) who conducted your blood test failed or refused to give you a blood sample for your Chandler drug DUI or criminal defense attorney. Their refusal upon your request is a violation of your rights. Violation of rights can result in suppression of evidence or dismissal of your criminal or DUI charges.

Criminal Lawyers for DUI or Drug Charges in Chandler AZ
When you consult an Arizona criminal defense lawyer or DUI attorney to defend Chandler DUI or drug charges, ask the defense attorney if they plan to retest the blood sample. The best DUI lawyers or criminal defense attorneys who defend changes in Chandler AZ this on every alcohol DUI or Drug DUI case involving blood testing.

Also, ask your attorney up front, if you will be responsible for the blood retesting fees for the retesting by an independent lab. The charge for this service averages between $250.00 and $350.00 in Maricopa County. Many AZ DUI and criminal defense lawyers will factor the fee into your total defense costs. Some DUI attorneys in AZ will absorb the cost as a courtesy, because they understand how important it is to your defense. If you are required to pay the fee on top of defense costs, it is still well worth it, to pay the fee and have the blood retested. Many drug DUI and AZ drunk driving charges have been dismissed because the tests were challenged successfully by the defense. The best Chandler criminal defense attorneys in AZ know what to look for in their examination of the processes surrounding the blood test results. If they can find weaknesses or flaws in the prosecution's blood sample evidence, they will educate the court and prosecution; and present compelling arguments on your behalf which may lead to a total dismissal of your Chandler DUI or Drug DUI charges.

Continue reading "DUI defenses: 10 ways to challenge DUI blood test evidence" »

June 6, 2011

The new AZ DUI law withdraws the right of a jury trial for some DUI defendants. But Arizonans say "not so fast"...

June 4, 2011
Arizona News & Editorial Commentary
Article By: James Novak, Arizona DUI and Criminal Defense Lawyer

AZ SB 1200 was signed into law by the Governor Jan Brewer on April 29th, 2011, to take effect December 31, 2011. A controversial provision discretely found its way into the bill at the last minute. It contained restrictive language that was not included in the earlier versions of the bill. Thus, it deprived the public of input or debate on the issue. The provision causing upset involves the revocation of some AZ DUI defendant's statutory right to a jury trial. It applies to DUI defendants who have been charged with a first time, non-extreme Arizona DUI charges, eliminates their statutory right to a trial by jury for their AZ DUI. It does include a consolation or alternative for the judge to hear the case and decide if the AZ DUI defendant is guilty or not guilty.

It didn't take long before the restrictive amendment sparked opposition by many Arizona citizens, AZ DUI defense attorneys, and organizations such as The Committee for the Right to Jury Trial.

Among numerous provisions, the new AZ DUI law includes the following:
1. Gives municipalities, counties and certain local AZ jurisdictions judges the authority and discretion to offer such alternative penalties to eligible defendants, home-detention programs instead of incarceration in jail.
2. Reduces the length of time from one year to 6 months for a first time, non extreme DUI offenders to use the DUI interlock device on their vehicles.
3. Eliminates the right for non-extreme, first time AZ DUI offenders the previous right to a jury trial. Instead only DUI defendants that have prior convictions, extreme DUI or less serious DUI charges to keep their previous statutory and inherent right to request a trial by jury.

The first provision makes good sense. It allows for some cost relief to help reduce the over crowded Arizona's Jails. The second provision gives some relief to first time non-extreme misdemeanor DUI defendants. So far, so good right?

But then there is the third provision that's facing fire. Arizona Law makers and proponents of the amendment claim that it was a move to reduce the State's cost for expensive jury trials for those less serious DUI charges, where the blood test or breathalyzer test against them strong against the DUI defendants. The problem with that thinking, among many other reasons, is that it revokes an existing statutory right to those who fall within this category. In essence it could be argued that first time offenders are losing rights while repeat offenders get rewarded by preserving their rights.

Constitutional and Statutory Rights are one of the few things in life people lean on to protect them from mistreatment or abuses in the criminal justice system. If the move was all about Arizona saving money because "trials are too expensive" then someone needs to redo the math. How much will it cost the state of Arizona to fight any and all future repeal propositions that this amendment will face? So much for cost savings and the preservation of the States economic resources.

The Committee for the Right to Jury Trial, led by attorney Clifford Girard is asking voters to repeal that particular amendment of the new AZ DUI law in SB 1200. The committee needs to gather 86,405 signatures by July 19, 2011 to qualify for putting the repeal on the 2012 ballot. Opponents want the voters of Arizona to have the chance to decide, debate, and vote; a chance that was not provided to them before it was passed into law. Fair enough.

Article News Sources: 1) azleg.gov/legtext/50leg/1r/bills/sb1200s.pdf, 2) tuccsoncitizen.com/arizona-news/category/arizona-republic-news , 3) Associated Press 4) Arizona Republic News. 5) AZ central.com news

This news article and commentary has been posted for general public informational purposes only. All articles by this author are intended to raise awareness and generate discussion on a variety of Arizona State Law issues and topics. Note that Arizona legislation, laws, and bills are often presented and changing. If you have a criminal or DUI defense matter related to this topic, it is important that you consult or hire an Arizona criminal or AZ DUI lawyer in the jurisdiction or municipality of Arizona where you received your charges for up to date information.

Continue reading "New AZ DUI Laws SB 1200 Signed and Effective December 31, 2011... But Challenged" »