Arizona Criminal Defense Attorney Blog

Clemency Laws and Proceedings in Arizona

Mon, 14 May 2012 11:59:57 -0700

Clemency Defined

Clemency is a mitigation of penalties; a pardon; a discharge from prison; reduction of felony prison sentencing; a reprieve or a temporary delay or suspension of sentencing. It may be granted for the Governor of Arizona or the President of the United States. The effect does not eliminate the conviction, or mean that a person is found not-guilty of a crime. Rather, it forgives, frees or reduces punishment of the crime based on specified circumstances. These may include, but not limited to:

• The mandatory prison sentence was "clearly excessively" harsh for the crime; and/or
• A person convicted has clearly turned their life around, and is no longer a threat to society; and/or
• An inmate who has displayed exemplary behavior throughout their term; and who is genuinely remorseful of their actions;
• A person with a serious illness or injury, causing them to be in "imminent danger of death" or "persistent vegetative state" ;
• When an inmate is facing the death penalty and issued a warrant for execution (mandatory hearings apply in this case.

Arizona Board of Executive Clemency

The duties of the AZ Executive Clemency Board are to review applications; arrange and conduct hearings for eligible applicants who apply. They review the application, letters, and case materials to make recommendations to the Governor about a decision. If a majority vote is favorable they will submit it to the Governor. If granted, the State will move to reduce, mitigate, or free the applicant from previous penalties ordered by the court, resulting from the criminal conviction. If the decision is a reduction in penalties or prison term only, and the applicant was convicted of a felony, this action generally does not restore the civil right they lost with a felony crime conviction.

Clemency Laws and Proceedings in Phoenix AZ

The statutory laws governing the authority, policies, procedures, hearing requests, and recommendations by the Board are defined under the following citations:

ARS § 13-603 - Authorized disposition of offenders;
ARS § 31-402 - Powers of the Clemency Board;
ARS § 31-403 - Commutation;
ARS § 31-411 - Parole and discharge;
ARS § 38-431 - Formal public meetings

• An applicant may complete and sign an application of clemency adopted by the
Arizona Board of Executive Clemency.

• The application is made to the Governor, who then transmits it to the Chairperson of the AZ Board of Clemency. Applicants determined to eligible for a hearing by the AZ Department of Corrections, will be scheduled for Phase I or Phase II hearings which apply.

• If majority of the Members of the Board vote to recommend a commutation of sentence, they will submit a letter to the Governor validating the reasons for their favorable recommendation; letters, and other case materials.

• Subsequent Applications may be submitted according to time limitations statutes that apply following the final actions by the Board.

• The final decision is made to grant or deny clemency by the Governor of the State of Arizona, which may or may not be in agreement with the Recommendations of the Board.

Criminal Defense Firm for Clemency Proceeding in Phoenix AZ

If you feel that you or someone you know would be eligible to apply for clemency, you should consult your criminal defense attorney to discuss your matter, and reasons you feel you meet the critera to apply. If retained, they will guide you and assist you with the application, and judicial proceeding process.

DUI Charges: The effects of the Supreme Court's decision in "Arizona v. Zaragoza" made it easier for persons to be found guilty of DUI even if they were not driving.

Wed, 09 May 2012 13:16:51 -0700

"Actual Physical Control of a Vehicle" Tempe AZ

In Arizona, under A.R.S. § 28-1381 and A.R.S. § 28-1382 a person a person may be charged with a DUI if they are impaired due to alcohol or drugs, and in "Actual Physical Control of a Vehicle (APC)". A Supreme Court decision Arizona v. Zaragoza actually made it easier to charged persons who are not actually driving with a DUI. It held that in determining if a person is in APC, a totality of circumstance supported by evidence of whether a person is currently or imminently in control of a vehicle; and whether or not that control presented a real danger to themselves or others. The Supreme Court stated that although the State of Arizona did not define APC, it could be considered on a case's own merits based on the totality of certain factors.

AZ DUI Laws: Determining Factors for Actual Physical Control of a Vehicle

Under A.R.S. § 28-1381 and A.R.S. § 28-1382: It is a violation of the law for a person to drive or be in actual physical control of a vehicle while impaired, due intoxicating alcohol or drugs. Since AZ DUI Laws do not define this standard, alternative jury instructions were provided by the court in Arizona v. Zaragoza. The jury used these guidelines to conclude their verdict. These guidelines are currently being used. (List not all inclusive):

• Whether or not the vehicle was running;
• Whether or not the key was in the ignition;
• Whether or not the ignition was turned on;
• Where the key to the ignition was located;
• Where the driver was found in the vehicle by police;
• What position the driver was found in;
• Conscious state of the person, awake or sleeping;
• Whether or not the vehicle's headlights were on;
• Where the vehicle was found or stopped;
• Location of the vehicle;
• Whether it appeared that the driver pulled over voluntarily or not;
• Day or night, and time the person was found;
• Climate and Weather conditions;
• Whether the vehicle's heat or air conditioner was running; Windows down or up;
• Any other reasonable explanation that can be supported by the evidence for a reason the driver was found under the circumstances.

DUI Lawyer Tempe AZ

The penalties in Arizona are a harsh as the DUI laws are strict. All DUI convictions currently result in jail terms, ignition interlock devices on vehicles, alcohol/drug counseling and treatment. If you or someone you know were arrested for DUI charges, you should consult an experienced criminal defense attorney to discuss your case, and options for defense. There may be defenses you are not aware of that if used, may help you get a favorable outcome in your case; avoid jail time; and help you get your driving privileges reinstated.

Aggravated Assault (Felony) Laws: Dog Bites and Vicious Animals attacks may result in Felony Assault charges for the owner

Wed, 02 May 2012 12:20:36 -0700

Under Phoenix AZ Assault Laws, an owner of a dog that or bites or attacks another person may be held responsible with criminal liability, and face serious felony assault charges. Charges of this nature will expose a person to prison terms and other harsh penalties. If you face any type of assault charges, you should consult a criminal attorney to discuss your matter. Below are laws that pertaining to assault and aggravated assault involving dog bites and "Vicious Animal" attacks, and criminal liability.

A.R.S. § 13- 1208. Assault; vicious animals:

A. Person (s) who intentionally or knowingly causes a dog to bite and inflict serious physical injury on a human being; or cause serious physical injury to another person is guilty of a Class 3 felony;

B. Person (s) who own a dog that the owner knows has a history or propensity to bite or cause injury or endangers another's safety; in absence of provocation; or has been declared a "vicious animal" by a court of law; that bites, inflicts physical injury; or attacks a human being while the dog is unrestrained, or considered at large is guilty of a Class 5 felony;

C. Person (s) who own or are responsible for a dog; that knows it' history or propensity to bite or cause injury to a human being, in absence of provocation; or declared "a vicious animal" by a court of law, who does not take reasonable care (ordinary and prudent care) to restrain the dog, or prohibit it from escaping outside of an enclosed structure, residence, yard or safely leashed, is guilty of a class 1 misdemeanor.

Exceptions to A.R.S. 13-1208 violations:

• This section does not apply to law enforcement dogs owned or used by police or law enforcement agencies used in the performance of police work, at their direction;

• It is a valid defense it a person is found to be justified in using physical force or deadly force in self-defense; or in the defense of a third person pursuant to Chapter 4 "Justification Laws" of A.R.S. Title 13 criminal laws.

Arizona Aggravated Assault: A.R.S. § 13-1204 (A) classification

If a person's dog is declared a vicious animal by a court of law, or has a known history of attacking or biting a human under A.R.S. § 13-1208 they may be charged with a felony aggravated assault under A.R.S. § 13-1204 (A) if the person knowingly, recklessly, or intentionally provoke, injure, insult, cause physical injury or harm to another person under the following circumstances: The animal attack or bite:

• Causes serious physical injury to another;

• Causes temporary but substantial disfigurement;, temporary but substantial loss; impairment of any bodily organ or body part; or fractures any body part;

• A victim is restrained; or does not have the capacity to resist the assault is substantially impaired;

Under any of the above situations, the owner, or person responsible for the dog may be charged Class 3 or Class 5 felony exposing them to prison terms of 2 to 15 years; victim restitution, fines, fees, and other penalties ordered by the court.

Criminal Defense for Aggravated (Felony) Assault in Phoenix AZ

If you face any assault charges in Arizona, you should consult a criminal defense lawyer to discuss your case and defense options. The State and prosecution egregiously pursues convictions for crimes involving victims. You will need a legal advocate who will you're your side of the story; protect your rights and defend your charges, and seek the best possible outcome in your case.

What is an Arraignment?

Mon, 30 Apr 2012 11:16:30 -0700

An Arraignment is a hearing where you will provide your Initial Plea for DUI or Criminal Charges. There are three ways to plea: "Not Guilty", "Guilty" or "No Contest." To invoke your right to defend your charges and retain an attorney you should plead "Not Guilty".

Events that take place at Arraignment

At the Arraignment the following procedural events will take place:

1) You will enter your Plea;
2) The court will confirm your identity and contact information including address;
3) The judge will inform you of your constitutional rights;
4) Formal criminal or DUI charges will be read;
5) You will be required to inform the court your intentions of retaining a criminal attorney or law firm to defend your charges

Obligation to appear at an Arraignment for criminal charges Tempe AZ

If you have not retained a criminal defense attorney, you will be required to appear at the designated hearing. You should never ignore a notice to attend your criminal or DUI court hearing. Failure to appear for your Arraignment will result in a Bench Warrant for your arrest. The warrant will remain in effect until you resolve the matter.
If you have retained legal representation, your criminal defense attorney will provide you with further or alternative instructions. In some cases, your attorney can vacate the hearing date, and enter a documented plea on your behalf; and provide the court with the information they need. You should confirm all the details with your attorney well before the previously scheduled hearing date.

Arrest Warrants: What to do if there is a warrant for your arrest

Mon, 23 Apr 2012 16:05:05 -0700

Arrest Warrants in Phoenix AZ

Never ignore an arrest warrant in Maricopa County. It is a very serious matter. An arrest warrant stays outstanding and in effect indefinitely until the warrants is "quashed" (cancelled) ; a suspect is arrested; or the matter otherwise resolved by your criminal defense attorney. You should never ignore it. If you know or suspect you there may be a warrant for your arrest, you should contact a criminal defense firm as soon as possible to discuss your matter. They will provide you information concerning the warrant; option for defense, and retention of their services to resolve the matter on your behalf.

What to do if you have an outstanding arrest warrant

1) Pay the bond amount : A bond amount is usually set by the judge. If you pay it, the, the warrant will be "quashed" or resolved. You will then be given a new court date if the warrant is for "failure to appear". You must appear on the new scheduled court date if you have not hired a Phoenix Criminal Defense Lawyer who may be able to make other more favorable arrangements on your behalf. If you miss your court date again, or cause further delays, the more harshly you will be treated by the court and the more severe your penalties will be.

2) Appear in Court on the "Walk-in" Docket.: Phoenix Court usually provides a daily time for defendants who need to make unscheduled court appearances. Unscheduled appearances are heard only at specified times available by the Phoenix AZ Court. In the least you should consult a Phoenix AZ criminal attorney to discuss your matter and how to proceed given your defense options.

3) Retain Legal Representation: This is the wisest choice. As soon as you find out about the warrant, it is recommended that you retain the services of an experienced criminal attorney to defend your matter; get the warrant "quashed' or otherwise resolved on your behalf. Your attorney will confirm the facts, and if retained, and may file a motion to quash your warrant. Generally, they will provide this services in addition to pre-trial and trial defense services. It also provides for early retention of a qualified legal advocate to defend your charge, which is crucial to a successful outcome in a DUI or criminal case.

Types of Arrest Warrants

In general there are two types of arrest warrants:

1) Bench Warrants issued by the Court: "Failure to Appear" ARS § 13 -2506 (Misdemeanors), and ARS § . 13-2507 (felonies) bench warrants are issued by the Court's presiding judge if a person accused of crime, cited, or previously arrested, fails to appear at their scheduled hearing. "Failure to Appear" in court is a criminal offense and Class 5 Felony.

2) Arrest Warrants issued by Police: A police officer will obtain a warrant or arrest from the State of Arizona ARS § 13 - 3887 when they have reasonable belief, substantiated by probable cause, to suspect that a person committed a crime.

Lawyer for Arrest Warrants in Phoenix AZ

It is always better to resolve an arrest warrant proactively, than to wait until the police find and arrest you. If it is not resolved, the police will eventually find and arrest at any time including at home or work. The police always check to see if there is an outstanding arrest warrant for someone even if they make a routine traffic stop for a minor infraction or traffic violation. To find out if there is a warrant for your arrest you can visit State, County and Government public records official websites. However, the safest way to find out if there is a warrant out of your arrest, is to consult a qualified criminal defense attorney in the county you are concerned it may exist. Your consultation will be private and confidential. The attorney will conduct a though search through their most reliable legal resources, and advise you of the current information available regarding the warrant, as well as your options to take care of it.

Copper Theft Laws: Arizona harsher sentencing and penalties for convictions; strict reporting guidelines for scrap metal transactions by businesses.

Tue, 17 Apr 2012 16:20:39 -0700

Copper Theft Arrests Phoenix, AZ

Copper is considered a high demand Non-Ferrous metal, with comprehensive uses, and is more resistant to rust and corrosion, than many other types of metals. As a result, thefts of copper and copper cable have become such a widespread problem in Arizona that many law enforcement agencies are offering rewards for information leading to arrests. In additional Arizona has passed legislation in an attempt to combat the crimes which place more restrictions on the businesses purchasing the copper, and more harsh sentencing and penalties for copper theft convictions.

New Arizona Copper Theft Laws: HB 2396, A.R.S. §44-1642, A.R.S. §44-1644

Arizona Law HB 2396 was passed March 21, 2012. This Law intended to increase copper theft penalties by amending ARS § 13 - 1801, and ARS § 13 - 1802 to delete term "scrap metal" from the definition of value. This change redefines the average Fair Market Value of copper in the local area; together with the repair or replacement value of any property from which the metal was removed during the theft. For sentencing purposes, this serves to increase the penalties for a copper theft conviction, since the value of stolen property is a major factor considered in Sentencing Guidelines and penalties. For example, If a person were convicted of stealing copper in the amount of $3,000 or more may be charged with a Class 4 felony, exposing a person to prison terms of 18 months to 3 years, which is more severe than if it were "scrap metal" stolen.

A.R.S. § 44-1642: Effective January 1, 2012, requires that all scrap metal businesses register to report their purchases by reporting them to a Scrap Metal Theft Data Base that indexes purchase records; transaction limits; age of seller; and exceptions'.

A.R.S. § 44-16442: Effective January 1, 2012, requires that all scrap metal businesses register to report their purchases to the department of public safety; exemption; violation; classification.

Criminal Defense for Copper Theft or other Theft Crimes

If you have been arrested or charged with theft of copper metal, copper cord, or any other theft crime, you may be exposed to felony charges and prison sentencing. The prosecution will egregiously pursue convictions. Laws have been enacted to increase sentencing and penalties for those offenses. You should consult an experienced criminal defense attorney to discuss your matter and options for defense. With proper legal representation, and you will increase your chances of avoiding prison terms, and harsh penalties of a conviction. An experienced criminal attorney will protect your rights, defend your charges, and make every effort to get a favorable resolution in your case.

Arizona HB 2374 - Deferred Prosecution Law to take effect July 2012

Mon, 09 Apr 2012 09:27:00 -0700

"New AZ Criminal Law helps felons accused of less serious crimes avoid prison; reduces Arizona costs; and provides relief for overcrowded prisons".

News & Law Review By: Law Office of James Novak, PLLC, Phoenix DUI & Criminal Defense Firm

On March 21, 2012, Arizona Governor Jan Brewer signed into law "HB 2374 - Deferred Prosecution" Attached is a copy of the House Bill. In absence of legal challenge it is expected to go into effect July 2012. HB 2374 amends the current law A.R.S. § 11-361. In effect it liberalizes the law in favor of the defendant. It allows more opportunities to those charged with non-dangerous offenses, non-serious offenses, to participate in deferred sentencing and diversion programs, previously prohibited. It also allows those who have previously completed such a program to participate again for new criminal charges.

Deferred Sentencing or Diversion Program - Purpose of the Programs

The intended purpose and effects of the programs are bilateral for both the State and the Defendant:

• If a defendant agrees to participation in the program, and completes it successfully, the charges are permanently dismissed. The defendant receives confirmation of the dismissal by the Superior Court. If the defendant fails to complete the program, the charges will be reinstated; trial, conviction or sentencing will retroactively be continued where it left off.
• In theory, by participating in an appropriate program of professional counseling or treatment the person gets help they need to avoid the chance of repeating a criminal offense or recidivism in the future.
• Successful Diversion Programs help ease the strain on the overpopulated prisons
• The expenses of assessments and participation in the programs are the responsibility of the defendant. This saves the state the costs resulting from imprisonment as well as the diversion program.

Existing Criminal Law in effect until July 2012 - A.R.S. § 11-361

The current laws A.R.S. § 11-361 allows a defendant to participate in an approved program under supervision before entering a guilty plea or trial. The County Attorney of a participating county may not approve a diversion or deferment program for a defendant if they have:

1. Prior Felony Record;
2. Been accused of committing a "Dangerous Offense" Felony;
3. Previously completed a program established under this law

New Criminal Law Effects on A.R.S. § 11-361 due to HB 2374

The new law to become effective in July 2012, liberalizes A.R.S. § 11-361 by allowing the following defendants previously prohibited from being considered as candidates for the diversion programs and deferred sentencing:

• Persons previous convicted of a felony charge may now be considered for candidacy in the programs as long as the conviction is not for a Serious offense; Dangerous Offense; Sexual offense; or Dangerous crime against children.
• A person may now be considered for candidacy in the diversion program or deferred sentencing for persons who has previously completed a special supervision program.
• A person is prohibited from being considered for candidacy in the diversion or deferring prosecution of they have had three or more convictions for:

1) Personal possession of a controlled substance;
2) Personal possession of drug paraphernalia

Criminal Defense Attorneys for Deferred Prosecution, and Diversion Program

Participation in Deferred Sentencing, Deferred Prosecution, and Diversion Programs are not automatic and not an entitlement programs. A Defendant must be eligible for such programs, as agreed upon by the Prosecution, and Court based on factors such as nature of the crime, prior criminal record, attitude of the defendant towards reform, safety of community if the defendant is released after successful completion of the program. If retained, an experienced criminal defense attorney will be actively involved to help eligible defendants qualify for the program.

For more information regarding this new Arizona legislation visit:

http://www.azleg.gov/DocumentsForBill.asp?Session_ID=107&Bill_Number=HB2374

Felony Super Extreme DUI: Find out what aggravating factors will raise a Misdemeanor Super Extreme DUI to serious Felony charges

Thu, 05 Apr 2012 16:35:49 -0700

Super Extreme Felony DUI Laws Chandler AZ:

Under Arizona Law A.R.S. 28-1383, a person can be charged with a Felony Super Extreme DUI offense. A Felony DUI is also known as Aggravated DUI. A Super Extreme DUI can be charged if a driver's Blood Alcohol Content (BAC) exceeds 0.20% based on DUI breathalyzer or blood test; and "Aggravating factors existed: :

Felony or Aggravated factors are those that elevate a Misdemeanor DUI to a Felony DUI. They can include any or more of the following circumstances:

1. The driver was charged with Super Extreme DUI (BAC 0.20% or greater), while driving on a suspended, cancelled or revoked license;

2. The driver was charged with Super Extreme DUI (BAC 0.20% or greater); and it is their third or more DUI within 84 months of any two prior DUI offense convictions;

3. The driver was charged with Super Extreme DUI (BAC 0.20% or greater); while carrying a passenger age 15 or under, in the vehicle.

Felony Super Extreme DUI Penalties:

• Mandatory Minimum 120 days in prison; increases with 4 or more convictions;
• Driver's License Revocation 3 years;
• Mandatory alcohol education, counseling or treatment program;
• Minimum 30 hours Community Service;
• Ignition Interlock device for vehicle - current term requirements;
• Fines, court fees, prison assessments and fees exceeding $4,000.00 and higher.

Criminal Defense for Felony Super Extreme DUI charges Chandler AZ

All DUI charges in Arizona are serious. But Felony Super Extreme DUI charges can have long lasting adverse impacts for life. These serious charges require highly qualified legal representation. If you face Aggravated Super Extreme DUI charges, you should retain a good criminal defense lawyer with a vast amount of litigation experience. You will need a multi-facet defense. Many areas of defense can surround an aggravated DUI charge, including but not limited to constitutional rights violations; evidentiary issues; and mitigation of the charges and sentencing. Your chances of getting any favorable resolution will increase significantly with retention of a private practice criminal defense firm.

Felony Charge Defense: Three Levels of Criminal Defense. Why you need qualified legal representation at all three levels for felony charges

Mon, 26 Mar 2012 14:19:09 -0700

Felony Charges Scottsdale AZ

All felony convictions in Arizona expose a defendant to prison sentencing and other harsh penalties. If you face any type of felony charge, you should consult an experienced criminal attorney to discuss your charges and defense options. There are three critical phases in criminal justice process, where you should have legal representation.

Three Tiers of Criminal Defense
Each type of representation includes stages that present opportunities for criminal defense to obtain a resolution in your case.

1) Pre-trial defense: Gathering Evidence, filing early procedure motions in your defense, attending conferences and hearings, hiring experts, having DUI blood evidence retested, and using all opportunities to challenge evidence, and find flaws in state prosecution's evidence in an effort in order to suppress it; building a strong defense case, and attempting to get the felonies dismissed.

2) Trial Defense: If the defense and prosecution are unable to agree on an acceptable resolution to the felony charges or negotiate an acceptable plea agreement, the felony case will be set for trial. Your criminal attorney will attend pre-trail conferences, readiness conferences; prepare for trial; tailor and present defense strategies; interview and depose witnesses; file motions for defenses; and make sure your trial rights and constitutional rights are protected throughout the process.

3) Sentencing Defense: If there is no chance of getting the charges dismissed due to the strength of the evidence and nature of the charges, then a good private criminal attorney will work hard to ensure that you will get the best possible outcome in your case. This involves active plea efforts by your attorney including the presentation and argument of mitigating factors, evidence and reasons why you deserve a lesser charge and/or reduced sentencing on your behalf.

Criminal Defense for Felonies in Scottsdale AZ

If you wish to defend your Felony charges, you will need to plead "not guilty". This will invoke your rights to retain a qualified criminal attorney to legally represent you. Your best chance at getting any favorable decisions in your case, is to retain a private practice criminal attorney who is experienced in defending the type of criminal charges you face.. A defendant may sometimes be able to get the harsh sentencing reduced if mitigating factors can be presented and argued effectively by a qualified criminal defense attorney. Depending on the situation, even more favorable outcomes can be obtained, such as a reduction or dismissals of all or a portion of the charges; avoidance of long term prison sentencing or any prison term; allowing the defendant to be eligible for probation, and other mitigated outcomes.

Disorderly Conduct Charges in Arizona may be unlawful: What you should know before pleading guilty.

Mon, 19 Mar 2012 13:24:29 -0700

"Not all Disorderly Conduct arrests are justified or lawful. You should consult a criminal defense attorney before pleading guilty. If your constitutional rights were violated, you may be able to get charges dismissed."

Disorderly Conduct Charges

Disorderly conduct (also called disturbing the peace) is charged often in Mesa AZ and other cities in Maricopa County. However, the consequence of a conviction should be taken seriously because they carry harsh penalties. You should consult a Mesa criminal lawyer if you were arrested for Disorderly Conduct in Mesa AZ. Not all disorderly conduct charges are lawful. Often the charges are unjustified, unconstitutional, or are vague in nature. For these reasons you should always consult an experienced criminal defense attorney before pleading guilty to the charges.

Arizona Disorderly Conduct Laws

A person may be charged with Disorderly Conduct in Arizona under ARS 13-2904 if:
A. with intent to disturb the peace of other person (s) or business; and/or
B. with knowledge of doing so; a person engages in:
• Violence, disruptive behavior or altercation;
• Unreasonable, loud disruptive noise;
• Abusive or offensive language/gestures to provoke another to retaliate;
• Disruption with the intent to prevent or distract a lawful gathering,
• Fails to comply with a lawful order to vacate a premises due to a) public safety, b) danger or peril; hazard or emergency;
• Reckless discharge or display of a firearm, or other deadly weapon.

Penalties for Disorderly Conduct in Arizona

Disorderly Conduct charges may be classified as Misdemeanors or Felonies depending on the circumstances. For felony convictions sentencing may result in up to 6 months in prison, $2500.00 in fines, fees, community service, counseling, and a felony criminal record. Disorderly conduct charges that include use of a firearm or other dangerous weapon will elevate the charge to a class 6 felony, for which a conviction that possesses a maximum punishment of one year in prison, and additional harsh penalties.

Criminal Defense Lawyer for Disorderly Conduct Charges in Mesa AZ

There are numerous defenses that can be used to challenge disorderly conduct charges. The defenses used will be based on the circumstances surrounding the charges. If the arrest was unjustified or violated your constitutional rights, an experienced attorney who defends criminal charges in Arizona, will be able to challenge the charges and evidence, in an effort to get them dismissed or mitigate sentencing.

Phoenix Drug Possession Charges: To be convicted of Drug Possession Charges, Arizona Laws require the defendant to have "knowledge" that they possessed illegal drugs.

Tue, 13 Mar 2012 11:17:44 -0700

"Common areas of defense that experienced criminal lawyers target for to defend drug possession charges that may lead to dismissal".

Arizona Drug Possession Charges

If you were arrested for drug possession charges in Phoenix AZ, your future and freedom are at stake. You should consult an attorney who defends drug charges to discuss your matter and defense options.

Two common areas of defense that an experienced criminal lawyer will target to defend drug possession charges are:

1) Defendant's "knowledge" of possession;
2) Quantity and classification of drug the defendant is accused of possessing.
3) Constitutional Rights Violations

Drug Possession may be charged as a misdemeanor or felony. The larger the quantity you are accused of possessing, the more serious the charges and penalties. If the quantity of a particular drug or classification exceeds the Arizona Statutory Threshold Amount for a specified drug, a conviction will result in mandatory prison terms and other harsh penalties.

AZ Drug Possession Laws

Under Arizona Drug Laws A.R.S. 34 13-3401 and A.R.S. 13-105, the defendant must have "knowledge" that they possessed illegal drugs, in order to be convicted of possession charges.

• A.R.S. 34 13-3402: A person shall not knowingly: possess, use, produce, sell, or transport, manufacture or distribute Marijuana, or any other illegal drugs;

• A.R.S. 13-105. 10 (a), (b): "Knowingly" with respect to drug possession charges means that a person knows that the circumstance itself. It is not require the defendant to know that possessing the drug is unlawful;

• A.R.S. 13- 105. 34, 35: "Possess" is defined as knowingly to have physical possession or otherwise to exercise control over property; 35. "Possession" means a voluntary act if the defendant knowingly exercised dominion or control over the property.

In Arizona, the prosecution has the burden of proving that the accused knew or should have reasonably known that they possessed illegal drugs in order to get a conviction.
Arizona Drug Classifications - A.R.S. 13-3401

Under Arizona Law A.R.S. 13-3401, drugs are basically classified by three types:

• Dangerous Drugs - (A.R.S. 13-3401.6) - LSD, ecstasy, methamphetamines, steroids, GHB, hallucinogenic drugs, mescaline, clonazepam;
• Narcotics- (A.R.S 13-3401.20) - Cocaine, heroin, opium, morphine, oxycodone;
• Marijuana - (A.R.S. 3401.19) - Marijuana - all forms including synthetic and non-imitation marijuana.

Sentencing for drug possession convictions depend on a number of factors including:

• Quantity of the drug found in your possession;
• Whether the quantity exceeded the statutory Threshold Amount;
• Classification of the drug;
• Purpose of the drug in your possession (use, sales or intent to sell);
• First time or repeat offense;
• Aggravated or mitigating factors surrounding the possession charges.

Drug DUI charges and Medication DUI charges officially surpassed the number of Alcohol DUI charges in 2011.

Fri, 02 Mar 2012 07:00:42 -0700

"Under Arizona Drug DUI Laws, a person may be charged with DUI even if they did not consume any alcohol or illegal drugs. Find out how experienced DUI lawyers challenge Drug DUI charges that may lead to dismissal."

Arizona Drug DUI - Medication DUI Charges
In Arizona, you may be charged with Drug DUI under A.R.S. § 28-1381. If convicted, they will be exposed to the same penalties as those that apply to alcohol DUI charges. The simple presence of a drug in your system is enough for the Phoenix Police to charge you. They must have probable cause to believe you were driving "impaired to the slightest degree. Offenses for Drug DUI are charged as Class 1 Misdemeanors, which carry harsh penalties including 10 days in jail; suspension of driver's license for 90 days; probation; drug and alcohol counseling and education program participation; and fines, fees, costs and assessments that exceed $1,200.00.

Drug DUI Defenses Arizona
Defenses strategies used to challenge DUI charges should be uniquely tailored to the specific facts surrounding your charges. Some arguments may surround the following issues:

 No "Reasonable Suspicion" for Drug DUI Stop: The United States Supreme Court held that the standard for stopping a person to investigate for DUI requires "reasonable suspicion" that an offense occurred or is in progress (excluding DUI Task Force Stops).

 No "Probable Cause" for Arrest: To make an arrest, the standard is elevated from "Reasonable Suspicion" to "Probable Cause" that you were driving impaired due to alcohol or drugs. This means substantive evidence is needed.

 Violations in DUI blood, urine or chemical testing: Includes administration;, collection; transport; labeling; supplies; equipment; blood or urine sample storage; preservation; chemicals used with processing; and reporting;

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

 Independent lab results requested by the defense contradicted crime lab results from the police/prosecution. This may include differences in amounts, or actual drugs found;

 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 second sample of the DUI chemical or blood test, for the purpose of obtaining exculpatory (evidence in their favor) evidence by defense for retest;

 Constitutional Rights

Criminal Defense Lawyer for Drug DUI Charges in Phoenix AZ
Challenging DUI with Drugs or Medication DUI charges requires special skill, training and experience by a good criminal defense lawyer. It is necessary for them to be well versed on not only the law but S criminal defense; forensics; psychology and pharmaceuticals. They will know which areas of the prosecution's case to target in your defense, based on your unique set of facts, and the laws in place. They will tailor a defense to you circumstances and present compelling arguments on your behalf. They will defend your rights; and attempt to get the best possible outcome in your case. Your chances of getting a good resolution to your case will significantly increase when you retain a private practice criminal lawyer, to defend your case. They may be able to help get your charges dismissed; or help you to avoid harsh penalties such as incarceration.

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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, Phoenix,Mesa, Chandler, Gilbert, Mesa, Scottsdale, AZ
Free Consultation! Call (480) 413-1499

Drug and Medication DUI charges in Arizona: With probable cause, the mere presence of a drug in your system is enough for the Scottsdale Police to charge a driver with DUI.

Thu, 16 Feb 2012 08:15:36 -0700

"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.

If you "Like" this article please let us know! Feel Free to subscribe and "Share"!

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

Best Maricopa County Defense Lawyers: 15 traits that distinguish the best DUI lawyers from good ones.

Fri, 10 Feb 2012 08:15:53 -0700

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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Finding the Best Criminal Attorneys: Gilbert AZ has many good DUI attorneys. But certain traits they possess, will help you find the best to defend you.

Sun, 05 Feb 2012 10:47:23 -0700

"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!