February 2012 Archives

February 16, 2012

"In Arizona a you can be charged with DUI even if they did not consume any alcohol or illegal drugs. Find out what defenses experienced DUI lawyers use to challenge Drug DUI charges."

Arizona DUI with Medications - Drug DUI Charges

You may be charged with Drug DUI under Arizona Drug DUI law A.R.S. § 28-1381. If convicted, you will face the same penalties as an alcohol DUI conviction. The mere presence of a drug in your system is enough for the Scottsdale Police to charge you, as long as they have probable cause to believe you were driving "impaired to the slightest degree. Drug DUI first time-offenses are charged as Class 1 Misdemeanors. Penalties may include: 10 consecutive days in jail; 90 day driver's license suspension or denial; probation; drug and alcohol education program; fines, fees, costs and assessments that exceed $1,200.00.

Drug DUI Defenses Arizona

Defenses used by experienced Drug DUI lawyers to challenge DUI charges are based on the unique facts surrounding your charges. Some areas targeted for defenses may include:

 "Reasonable Suspicion" for Stop: The United States Supreme Court held that the standard for stopping a person to investigate for DUI requires "reasonable suspicion" that a violation of the law was in progress or occurred (excluding DUI Task Force Stops).

 Probable Cause" for Arrest: For the arrest to be lawful, the standard is elevated from "Reasonable Suspicion" to "Probable Cause". The police must have probable cause to believe a person is driving impaired due to alcohol or drugs. This requires material evidence, for example a failed Field Sobriety Test (FST), or a driver admitting they were impaired due to drugs while driving.

 Deficiencies or Violations in DUI blood, urine or chemical testing: This includes administration;;collection; transport; labeling; solutions for mixing; preservation; processing; and reporting;

 The drug found in the driver's system did not cause the driver to be impaired to the slightest degree; and the drugs were legal, and harmless;

 Independent lab results obtained by the criminal defense attorney contradicted lab results reported by the police. This includes inconsistencies, validities, and proper identification of the drug or substance the defendant was accused of having in their system.

 Defense expert testimony raised "Reasonable Doubt" that the drug or medication found in the driver's system caused impairment to the slightest degree;

 The driver was denied a sample of the DUI blood or chemical test, for the purpose of retesting it independently to admit exculpatory evidence in their defense;

 Constitutional Rights violations

Criminal Defense Lawyer for Drug DUI Charges in Scottsdale AZ

Challenging DUI with Drugs or Medication DUI charges requires special training, education, skills and a vast amount of litigation experience by a criminal defense lawyer. You should retain an attorney who is well versed on not only the law and criminal defense but, forensics; psychology and pharmaceuticals. They will know which areas of the prosecution's case to challenge in your defense, based on your unique set of facts, and the laws in place. They will defend your rights; and attempt to get the best possible resolution in your case. Your chances of getting a good outcome will significantly increase if you retain legal representation of a private practice criminal defense firm to defend your case.

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

www.Arizonacriminaldefenselawyer.com
www.novakazlaw.com

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

February 10, 2012

15 Traits of criminal Lawyers who get Maricopa County Defense AZ charges for DUI Dismissed!

"Your chances of getting charges dismissed increase with an attorney who can present "a compelling argument", over an attorney who has a stronger argument, but presents it less persuasively."

- James Novak, AZ DUI & Criminal Defense Trial Lawyer and Author of "Arizona Winning DUI & Criminal Defense Strategies" Book Series

1. Experience; Criminal & DUI defense experience in Maricopa County;
2. Communication: The best trial lawyers listen, as well as they speak; they know that winning cases are often the result of "details"; and they don't miss any; attorneys too preoccupied with their next argument risk missing details that could lead to a dismissal;
3. Compelling: the best defense lawyers are persuasive, articulate and compelling; They can present highly effective arguments;
4. Thousands of Hours of litigation: Be aware of attorneys who have not spent much time in the court room or trial. The truth is that there are attorneys who have not seen much of the "inside of a court room": either because they are new, or because they simply don't challenge the evidence or prosecution on the issues. In those cases, the attorney may simply agrees with whatever the prosecution throws at their clients for conviction and sentencing; You don't need to pay someone to help you lose;
5. Former Prosecutors: They get a vast amount of trial experience in many types of criminal cases. In Maricopa County particularly, it is not unusually for prosecutors to be in hearings or trial 4 to 5 days a week, every week;

6. Scholars in Arizona DUI & Criminal Defense Law: They know the Arizona criminal law; they are familiar with existing and new laws, changing legislation, and court cases which have outcomes that may impact DUI & Criminal cases in Maricopa County. They recognize that what "laws" make good "defenses". They know how to use laws in favor of the defendants when appropriate and justified;
7. They Don't Use "Cookie Cutter" defenses: They understand that "one size does not fit all". DUI and criminal defense cases are all unique in that each one holds its own set of circumstances; Defense strategies must carefully be tailored or customized to fit the facts surrounding the charges. A particular defense in one case, may lead to a dismissal; but when used in another may result in an unwarranted conviction;
8. They Don't File Frivolous Motions: An attorney who has a reputation for filing frivolous or unjustified motions loses credibility with judges and the prosecution in courts where they regularly appear;
9. Never Underestimates the Power of Filing EARLY Justified Motions: These often involve motions related to procedural or constitutional rights violations such as 1). Charges being brought in the wrong jurisdiction; or 2). Time limit to prosecutor has expired for that crime under Arizona Constitution. .
10. Home Court Advantage: They defend charges exclusively within Maricopa County. They have built a report and are well respected by law enforcement, prosecutors, judges, court procedures and protocol throughout courts for which they defend clients; Familiarity with opposition provides great advantages;
11. Simplify Complex Issues: Not only are the best attorneys able to interpret the law, but they have the ability to simplify them in the best light for their client's defense;
12. Passion and Dedication: They are dedicated to their client's defense and obtaining the most favorable outcome on their behalf; they have a passion for defense; they recognize that the accused has a fundamental right by law to defend their charges in due process as afforded under the United States Constitution and Arizona Law; they make sure defendants are treated fairly, and their constitutional rights are protected, under Federal and Arizona laws;
13. Work Ethic: They make the time needed to tailor, build, and present a compelling defense case which includes gathering, retesting, examining, and challenging evidence for suppression (not to be used), and obtaining exculpatory (evidence in the client's favor); In other words, they conduct their own defense investigations, concurrently as the prosecution is building their case;
14. Exhaust all means to obtaining the best outcome for their clients: Including case dismissals (partial or complete); negotiating for a better outcome, including leniency in penalties; or alternatives to harsh and unwarranted sentencing such as incarceration.
15. Getting the Case Dismissed is #1 priority: If a client does not wish to challenge their charges; have someone fight for them; or attempt to get their charges dismissed; then they do not need to hire one of the "Best Criminal Defense Attorneys in Maricopa County". In fact, they would not need to hire any criminal defense attorney, in that the case.

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February 5, 2012

"15 traits that the best criminal attorneys process"

The best criminal defense attorneys must possess many important traits. Here we'll look at 15 traits that separate good DUI lawyers from the best DUI lawyers who defend Criminal and DUI charges in Gilbert Arizona:

1. Experience, Experience, Experience. You want to know how much experience the DUI Lawyer handling your case has; not the law firm "accumulatively". The "accumulation" won't be defending you. In most cases it will be one individual lawyer;
2. Communication: Good trial lawyers are good listeners; they know that your freedom and future are at stake. They know that many winning cases are due to issues challenged that were hidden in the "details"; and you can trust, they don't miss any, details that is;
3. Compelling: Experienced trial lawyers are persuasive and articulate; They are able to tailor, build and present compelling arguments in your defense. If effective, they can sometimes influence the prosecution, a jury, and the judge when necessary; It's far better to have a compelling attorney present a good argument, than to have an unconvincing attorney present a great argument;
4. Court Room & Trial Defense: hundreds, or better, thousands of hours in past litigation;
5. Former Prosecutors: They get a vast amount of trial experience in many types of criminal cases.

6. The ability to correctly interpret the law and defenses that if used, may lead to suppression of evidence or a dismissal of charges based on the facts of the case;
7. They carefully tailor and build each client's defense strategically based on the evidence and facts surrounding the charges; They understand that "one size fits all" does not apply in DUI and criminal defense cases and that every case is unique;
8. They never file frivolous motions: An attorney who chronically files frivolous motions loses all credibility and respect of the judges and prosecution in the courts for which they appear frequently;
9. They never under estimate the power and effectiveness of filing early and justified defense motions. These often involve filing defense motions related to procedural, legislative, or constitutional issues such as 1). The defendant is being prosecuted in the wrong jurisdiction; 2). time limit to prosecute or formally charge someone with a particular crime has expired under constitutional limitations; or 3) Speedy Trial Rights were violated. In some cases the charges will be dropped permanently In others, they can be brought again depending on the circumstances.
10. They defend cases in Gilbert AZ Criminal and Gilbert DUI Courts frequently: They are respected by the police, prosecutors, and judges, they are very familiar with standard court procedures and protocol; easily remembered as "home Court advantage";
11. They have the ability to understand, interpret, and explain complex issues of AZ criminal law into simple terms to those necessary including a jury if needed;
12. They are passionate and dedicated to their client's defense and obtaining the most favorable outcome on their behalf; They make sure defendants are treated fairly, and their constitutional rights are protected, under Federal and Arizona laws;
13. They 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;
14. They conduct their own defense investigations, concurrently with the prosecution building theirs;
15. They 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.

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

Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm
Serving Tempe, Mesa, Chandler, Gilbert, Scottsdale, & Phoenix AZ
For a Free Consultation call (480) 413-1499 Today!