December 2011 Archives

December 20, 2011
How to find the "Best" DUI Lawyers in Tempe AZ
How Good Criminal Lawyers turn into the "Best" Tempe Criminal Defense Attorneys There are many good DUI & Criminal Defense Attorneys lawyer in Tempe. But this article will reveal some factors that make a good DUI and criminal lawyers, the best DUI & Criminal defense lawyers in Tempe AZ. Below is a list of some of many traits turn the good into the best. But to pick the one most important, my opinion is that it is the DUI or Criminal lawyer who can identify and utilize the best defense strategy for the DUI or criminal case they are defending Many criminal and DUI cases have been won, dismissed or acquitted due to details or procedural errors. Every DUI or Criminal case has its own unique defendant, evidence, and facts. Criminal defense attorneys must tailor and customize the defense strategy based on those factors. One size does not fit all, when it comes to a defense strategy for Tempe DUI and Criminal Cases.. The good thing about Former Prosecutors is that they know both sides Prosecution and Defense rules very well - what can and can't be done for the defendant to get the best outcome in their case.

DUI Lawyers in Tempe - What to Look for to Find the Best Criminal Defense Attorney

Good criminal defense attorneys must possess many important traits. Here will we look at just a few of those traits that make good DUI attorneys the best, as they relate to the matter of Arizona criminal laws and defenses:

• Experience, Experience, Experience;
• Trial Defense - hundreds, or thousands of hours in past litigation;
• Former Prosecutors -They get both of the above quickly and are in court almost daily.
• The ability to correctly interpret the law and defenses;
• Can identify those which will serve their clients defense the most effectively, under the proper circumstances;
• They never file frivolous motions which results in loss of credibility and respect of the judges and prosecutors in the courts they defend clients in frequently.
• At the same time, they never under estimate a power and effectiveness of filing early motions in defense, if they are justified. These sometimes involve procedural issues such as 1). Prosecution taking place in an incorrect jurisdiction; or 2). The time limit to prosecute and formally charge someone with a certain crime is outside the constitutional time limitations.
• They defend cases in Tempe Criminal and Tempe Dui courts frequently; they know the prosecutors, judges, procedures and protocol- it does make a difference.
• They have the ability to explain complex issues of AZ criminal law into simple terms for the client and the jury if needed;
• They are dedicated, and passionate about defending their clients and getting them the best possible outcome;
• They make sure defendants are treated fairly and with respect under Arizona laws;
• They will make the time needed to tailor, build, and present compelling arguments in the client's defense based on the evidence and facts of the case;
• They will conduct their own investigation, concurrently with the prosecution building theirs;
• They will exhaust all avenues available to get the best outcome in their clients including dismissals (partial or complete); negotiating for a better outcome, including leniency in penalties; or alternatives to harsh and unwarranted sentencing such as incarceration.

There are many other factors to consider outside of the realm of this article which highlights defense strategy. On this blog site we cover this issue continually. So if you would like more information on this topic, you can check the archives, and subscribe to new posts with always current content. Let us know if you "Like" this post and we welcome you to "Share"!

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December 12, 2011

"Why You Should Not Plead Guilty to Disorderly Conduct Charges in Mesa, without consulting a good criminal lawyer who provides criminal defense in Mesa AZ!"

10 Reasons Police May Charge You for Disorderly Conduct in Mesa AZ

Editor's Note: This list of reasons may get you angry; Make sure you don't "disturb anyone's peace" when you read it!

Mesa AZ "Disorderly conduct charges ("disturbing the peace") are common in Arizona. But commonality does not reduce their severity. An experienced criminal defense attorney who defends Mesa Disorderly Conduct Charges will be the first to tell you, to take the charges seriously. This is due to the consequences of a conviction.

The police generally use disorderly conduct as a "catch-all" charge, and they see it necessary to make an arrest. Here are some of the reasons police may charge or arrest someone for disorderly conduct

1) Police are annoyed with you;
2) No other criminal charges exist that are more appropriate for the conduct;
3) Someone has made a complaint against you for disruptive conduct;
4) Police gave you a warning; and had to return because the conduct, or disruptive music continued;
5) You disobeyed an order or instruction the police gave you;
6) They Police did not like "the look" you gave them or the "tone of voice" you used in response to them;
7) It was the opinion of the police that you were being uncooperative;
8) Police believed your conduct was deliberate, intended, and that you knew you were disturbing others peace;.
9) Police perceived you not being as respectful to them as they would like;
10) Police did not know which person to arrest or charge, so it was easier from them to arrest or charge both or all persons at the scene; knowing one or more of the people were innocent.

Like any arrest or criminal charges, they are not always lawful or justified. But the person arrested for disorderly conduct now faces criminal charges, and will need to get the criminal matter resolved or face potential serious consequences if convicted.

Penalties for Disorderly Conduct in Mesa AZ

Facts involving the incident which led to the arrest, will dictate the classification of the disorderly conduct charges. They are typically charged as Class 1 Misdemeanors. These are the most severe level of AZ Misdemeanors. Class 1 Misdemeanor convictions carry sentencing that can range from probation and fines up to 6 months incarceration and up to $2500.00 fines.

Class 6 Felonies are charged if the disorderly conduct involves a firearm. Disorderly Conduct Felonies carry maximum penalties of up to one year in state prison, fines and fees, and a felony that will stay on your criminal record for years to come.

Disorderly Conduct Laws in Arizona
Arizona Disorderly Conduct Laws are classified, and defined in Title 13 of Arizona Criminal Code ARS 13-2904. A discussion of the law is paraphrased below:

A person can be charged with disorderly conduct in the following circumstances:
1) "With intent" a person disturbs another's, or a business or other entities' peace: or
2) "With knowledge", of their actions, a person displays or engages in the following:
• Fights, physical or verbal; or other serious disruptive behavior;
• Playing unreasonably loud music during nighttime hours especially, when others are sleeping, or making other continuously loud noise;
• Using offensive, disturbing or abusive language (or gestures) which provoke "immediate" retaliation by another party;
• Any such disruption or disturbance last for an extended period of time;
• Any physical or verbal disturbance caused by a person with the intent to prevent or distract a lawful meeting or gathering;
• Disobedience of a civil or lawful order to leave, evacuate or dismiss one's self from a premises or area. They order may be issued for reasons involving public safety; imminent danger or peril such as fire, flood, or other hazard or emergency;
• Reckless unlawful discharge of a firearm, or reckless unlawful display of a gun or other dangerous weapon.

Criminal Defense for Mesa AZ Disorderly Conduct Charges

Good criminal attorneys who defend criminal charges in Mesa AZ challenge disorderly conduct charges frequently; and often get disorderly conduct charges dismissed. This is mainly due to their subjective nature. An effective use of legal defenses is the key. Many defenses can be used to combat unjust or unwarranted disorderly conduct charges. Your criminal defense lawyer uses will be tailored to the fact of your case: Some examples of defenses that may be used to challenge disorderly conduct charges would include "Justification" defenses; "Affirmative" Defenses; "Reasonable Doubt" defenses; or Violation of Rights defenses.

It is unwise to plead guilty to disorderly conduct charges and accept the consequences without legal review and retention of a Criminal Defense Attorney who defends disorderly conduct charges in Mesa AZ on a regular basis. Depending on the facts, there is good chance they may be able to successfully challenge the charges, which could lead to a dismissal in your case.

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December 6, 2011

"Find out why top Phoenix criminal attorneys will advise you not to plead guilty before consulting an experienced criminal lawyer in Phoenix AZ who defends burglary charges."
Phoenix Burglary Charges
Burglary charges in Phoenix Arizona are considered to be crimes against or involving a victim and therefore, considered very serious offenses. If you face active burglary charges you should consult a Phoenix criminal lawyer who is experienced at defending burglary charges in Phoenix AZ. There are multiple classifications of burglary. However, all classifications of burglary are charged as felonies. If convicted, all felonies expose you to potential prison terms and other harsh sentencing.

Phoenix Arizona Burglary Laws
Arizona Law outlines burglary laws under A.R.S. Chapter 15 13-1501 "CRIMINAL TRESPASS AND BURGLARY". The differences in classifications depend on the circumstances surrounding the offense and how serious it was. While each category is different, they all share a common description: Burglary described as the act of entering or remaining in or on a property belonging to another with the intent to commit theft or burglary.

Here are some other interesting aspects of Arizona laws relating to burglary.

• The way the Arizona burglary law is written, a person may be arrested for burglary or convicted of burglary if they simply "intended" to steal something, but in fact did not take anything.
• Burglarizing a residence is considered more serious an offense than burglarizing commercial property for purposes of sentencing.
• With regard to Burglary in the first degree, a person or their accomplice must have "knowledge" that they or the person committing the burglary is using or in possession of a gun, explosive, or other deadly weapon in order to be convicted of burglary in the first degree.
• To be charged and convicted of burglary, it is not necessary for the building or area to be locked.
• To be charged and convicted of burglary, it is not necessary for anyone to be home or in the building during the burglary.
• Burglary charges are often coupled with other charges such as Criminal Trespassing for purposes of sentencing.
• All burglaries are charged as felonies that will expose you to prison sentencing.

Burglary Classifications in Arizona
Burglary charges in Arizona are classified under A.R.S. Chapter 15 "CRIMINAL TRESPASS AND BURGLARY" 13-1505, 13-1506, 13-1507, and 13-1508. Below are four of the most common burglary charges:
A.R.S. 13-1505: Burglary tools and illegal auto master key possession; (Class 6 Felony);
A.R.S. 13-1506: Burglary in the Third Degree; (Class 4 Felony);
A.RS. 13-1507: Second Degree Burglary; (Class 3 Felony);
A.R.S. 13-1508: First Degree Burglary; (Class 3/commercial & Class 2/residential)

The classifications range from a Class 6 Felony which is least severe to a Class 2 Felony which is the most severe. To put the levels into perspective, the only classification more serious than Burglary in the First Degree is a Class 1 felony and homicide is a Class 1 felony.

Arizona Burglary Sentencing Guidelines
Arizona Burglary Sentencing Guidelines can be found under A.R.S. Chapter 7 "SENTENCING AND IMPRISONMENT" 13-701 to 13-706. Since all burglary charges are categorized as felonies the sentencing guidelines for felonies apply to convictions.

Each Felony Classification has a minimum and maximum sentencing range for prison terms. Whether or not a sentence will fall closer to a minimum or maximum range depends on several factors. Below are some examples:

1) The existence of "mitigating factors" or "aggravating factors";
2) Whether or not it was a repeat offense or first time offense;
3) Prior criminal history;
4) Whether or not, and how serious, a victim was harmed;
5) Whether or not a firearm or other deadly weapon was used during the burglary;
6) Value of the property stolen in the burglary;
7) Extent of damage to the property due to unlawful forced entry.

Criminal Defense Lawyer for Burglary Charges in Phoenix AZ
No matter how serious the criminal charges, a defendant is innocent until proven guilty, and has the right to defend the charges against them. Burglary is too serious an offense to combat alone. This is why top Phoenix criminal attorneys will advise you not to plead guilty before consulting an experienced criminal lawyer in Phoenix AZ who defends burglary charges. A good criminal
Lawyers will defend your rights; make sure you are treated fairly; and fight to get your Phoenix burglary charges dismissed. If every avenue has been exhausted, and it is impossible to get the charges dismissed, they will challenge the prosecution's case for weaknesses in evidence, mitigating factors, and other defense strategies to get your charges and penalties reduced in order to get the best possible outcome in your case.

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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499

Arizona DUI & Criminal Defense
Serving Tempe, Mesa, Chandler, Gilbert, Mesa, Phoenix AZ
Free Consultation! Call (480) 413-1499