Arizona Criminal Defense Attorney Blog

Drug DUI - Medication DUI Charges | AZ Drug DUI Defenses | DUI Lawyer Scottsdale

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.

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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

Best Maricopa County Defense Lawyers | DUI Defense | DUI Dismissals

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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Best Criminal Attorneys Gilbert AZ | Defense for DUI charges Gilbert AZ

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!

DUI Lawyer Phoenix | DUI Defenses AZ | Find the Best Criminal Lawyer

Thu, 26 Jan 2012 07:11:22 -0700

What Makes a Good Phoenix AZ Criminal Defense Lawyer the Best

The Best DUI Lawyers Choose the Right Defense Strategies
For starters, the Best DUI defense lawyers in Phoenix AZ, chooses the right defenses and Defense strategies. Effective defenses must be carefully selected and tailored to fit each defendant's set of circumstances. A good criminal defense lawyer understands that certain defenses used in one case, may not apply in another. Any attorney who says most DUI cases are "standard" or "cookie cutter", most likely does not defend DUI cases on a regular basis or every client is unique, as is the circumstances, evidence and facts surrounding the case. Thus, their defense case must be unique as well in order to be successful. A defense strategy for one client to get a case dismissed may result in a poor outcome for another.

DUI Lawyers in Phoenix - 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:

• 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;
• Has the ability to translate the issues of law into simple terms for the client;
• Is passionate about their clients being treated fairly and with respect under the law;
• Will make the time needed to tailor, build, and present a compelling defense case; every DUI or criminal charge is unique and carries its own individual set of circumstances and evidence (or lack thereof).
• A good DUI or criminal defense lawyer will exhaust all means possible to get the best outcome in their client's case such as partial or complete dismissal of charges; negotiating lesser charges; or obtaining leniency in sentencing and penalties by the court if convicted.

What You Can do to Find the Best DUI lawyer in Phoenix AZ

As you may already have learned there are so many criminal and DUI lawyers in Phoenix Metro and surrounding cities in Maricopa County that it is tough to choose from them all. And how do you know if there as good as they or their websites say they are? Here are some things to consider doing once you have narrowed your search geographically, and verified credentials and license to practice in your jurisdiction:

1) Read reviews from prior clients on the web, search engines, review sites and such;
2) Select two or three of your top picks, or more if you feel it necessary;
3) Contact at least two or three and meet with them by phone or in person;
4) Ask questions; Most DUI & Criminal defense attorneys in Phoenix AZ provide free consultations;
5) Don't be afraid to ask them about their education, defense and trial experience, credentials, and anything else that will make you feel you have found the most qualified person for the job.

Wouldn't you do these things if you were looking for a good doctor, dentist, or building contractor? Choosing the right criminal defense lawyer for your DUI or criminal charges is one of the most important decisions you make in your life. It can mean the difference between losing your freedom and getting a dismissal in your case. Take as much time as you need to feel comfortable with your choice, while keeping in mind that early retention of a criminal defense lawyer is key to a successful outcome.

Mesa Burglary Lawyer | Laws | Classifications | Sentencing | Criminal Defense

Thu, 12 Jan 2012 07:20:25 -0700

"Why Mesa criminal lawyers will advise you to hire an experienced criminal Attorney to defend your burglary charges in Mesa AZ"

Mesa AZ Burglary Charges
Burglary charges are considered to be victim crimes. Any crime against a victim is considered to be a serious offense. If you were arrested on burglary charges in Mesa AZ, you should consult a criminal lawyer who is experienced at defending Mesa burglary charges as soon as possible. There are different levels of burglary charges in Arizona, and all of them are categorized as felonies. Any felony conviction exposes you to potential prison sentencing along with other harsh penalties.

Arizona Burglary Laws
Arizona Law describes burglary under A.R.S. Chapter 15 13-1501 "CRIMINAL TRESPASS AND BURGLARY". The different levels vary depending on the circumstances surrounding the offense. In general the law describes burglary as the act of entering property unlawfully.

Below are some Arizona Burglary Law facts:
• A person can be arrested or convicted of burglary if they "intended" to steal something, even if they did not take anything.
• Burglary to a residential property is more serious, than burglary to commercial property.
• A person or an accomplice must possess "knowledge" that the person committing the burglary is used or possessed a firearm, explosive, or other deadly weapon in order to be convicted of "First Degree Burglary" (the most serious);
• It is not necessary for the building or area to have been locked to be convicted;
• It is not necessary for a person to be in the building during the burglary, in order to be convicted;
• Burglary is often coupled with other criminal charges such as Criminal Trespassing or other charges that often occur simultaneously with a burglary;
• All burglaries are charged as felonies and expose the defendant to prison sentencing.

Arizona Burglary Classifications:
Burglary charges classifications are outlined under A.R.S. Chapter 15 "CRIMINAL TRESPASS AND BURGLARY" 13-1505, 13-1506, 13-1507, and 13-1508. Here are the main classifications of burglary under Arizona Law:
• A.R.S. 13-1505: Possession of Burglary tools; (Class 6 Felony);
• A.R.S. 13-1506: Third Degree Burglary (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)
Burglary classifications range from Class 6 Felonies (least severe) to Class 2 Felonies (most serious). The only classification more serious than Class 2 First Degree Burglary is a Class 1 felony. Class 1 felonies are reserved for the most serious crimes of homicide or the taking of another person's life.

Arizona Burglary Sentencing Guidelines
Arizona Burglary Sentencing falls under A.R.S. Chapter 7 "SENTENCING AND IMPRISONMENT" 13-701 to 13-706 which applies to burglary sentencing.
All Felony Classification have sentencing ranges of minimums to maximums with regard to the length of prison terms. Sentencing Guidelines the court considers when determining the sentencing depends of many factors. Below are some considerations:
1) The presence of mitigating verses aggravating factors;
2) Repeat offense verses first time offense;
3) Criminal record;
4) Existence of violence or harm to victim (s);
5) Extent of harm to victim (s);
6) Involvement or possession of a gun, or other deadly weapon in the burglary;
7) Nature and value of property stolen;
8) Extent of damage to the vehicle, building or other property resulting from the burglary;
9) Other criminal offenses committed with the burglary (such as trespassing, or assault).

Criminal Defense Lawyer for Burglary Mesa AZ
Particularly with serious crimes it is easy to forget that every defendant is innocent until proven guilty. By law the accused has a right to defend their Mesa AZ charges. But keep in mind that it is unwise to try to defend such serious charges without representation by a qualified criminal defense attorney. A conviction for charges as serious as burglary will change your life forever and detriment every aspect of it, beginning with your future and freedom.
This is why Mesa criminal lawyers will advise you to hire an experienced criminal attorney to defend your Mesa AZ burglary charges. A good criminal defense lawyer will defend you; protect your rights; assure you will be treated fairly; and fight to get your Mesa AZ burglary charges dropped, or if that is not possible, will alternatively attempt to get charges and sentencing reduced so that they have the least impact as possible on your life.

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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
www.arizonacriminaldefenseattorneyblog.com

www.phoenixduilawyerblog.com

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

Maricopa County Criminal Defense Lawyer | Disorderly Conduct Laws | Penalties | Defenses

Tue, 10 Jan 2012 07:22:05 -0700

"Disorderly Conduct arrests are made all too often in Maricopa County AZ; How good criminal defense attorneys get disorderly conduct charges dismissed".

Maricopa County Disorderly Conduct Charges
Maricopa County "Disorderly conduct charges", sometimes referred to as "disturbing the peace" are made all too often. But commonality does not reduce their consequences. An experienced Maricopa County criminal defense attorney will tell you they should be taken seriously due to the severe penalties you may be exposed to if convicted.

Arizona Disorderly Conduct Penalties
Circumstances surrounding the incident have a significant impact on the classification in which they will be charged. Disorderly conduct charges in are usually brought as Class 1 Misdemeanors., he highest level of Arizona Misdemeanors. Class 1 Misdemeanor convictions carry penalties of up to 6 months incarceration and up to $2500.00 fines.
Class 6 Felonies will usually be charged if the disorderly conduct involves a firearm. Disorderly Conduct Felony Charges carry maximum sentencing of up to one year in state prison, fines, fees, a felony criminal record; and could include other punishments ordered by the court.

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

A person can be charged with disorderly conduct in the following circumstances:

1) The person "with intent" disturbs another person, neighborhood, or business's peace: or

2) "With knowledge", of their actions, a person displays or engages in the following:
• Fight, altercation. or other behavior which was disruptive;
• Unreasonably disruptive noise or music;
• Offensive, abusive, disturbing language or gestures which in turn provoke another person to immediately retaliate;
• The disruption or commotion continues for an extended period of time;
• Any physical or verbal disturbance displayed with the intent to prevent or distract a lawful gathering, or meeting;
• Disobedience or Failure to adhere to a lawful instructions or orders to leave, evacuate, or dismiss one's presence from a premises or area issued for purposes of public safety; risk of danger or peril such as fire; or other imminent hazard or emergency;
• Reckless display or unlawful discharge of a gun or other deadly weapon.

Defenses for Maricopa County AZ Disorderly Conduct Charges
Experienced Maricopa County criminal defense attorneys challenge disorderly conduct charges frequently due to their subjective nature. An effective use of legal defenses often results in dismissal of the charges. There are a vast number of defenses that can be used to combat unjust or unwarranted disorderly conduct charges. Your criminal defense lawyer uses will be tailored to the fact of the case: Below are examples of defenses that may apply (list not exhaustive):

• "Justification"; Defenses used to explain why the conduct was "justified" and not unlawful: self-defense; imminent fear of danger to one's self or family; immediate reaction to provocation or threat;
• "Affirmative"; Facts that bar or prevent the State from being able to prosecute the charges: Jurisdictional challenges; violations of time limit statutes to bring charges; the accused had a severe mental illness and did not know or intend to engage in disorderly conduct;
• "Reasonable Doubt"; Trust worthy witnesses to the incident provide compelling testimony which conflicts with the police officer's account of the accused person's conducts; Prosecution is unable to prove "beyond a reasonable doubt" that the accused engaged in disorderly conduct; No evidence, witnesses, or no complaints exists to support that the accused disturbed anyone's peace or engaged in disorderly conduct;
• "Violation (s) of Constitutional Rights"; Right to free speech in absences of abusive or offensive language; right to lawfully and peacefully assemble; right to peacefully and without offense or disturbance pray, practice faith or religion of choice.

Reasons Police Choose to Make Arrests for Disorderly Conduct
Those arrested or charged for disorderly conduct often wonder what they did to deserve to be arrested. Maricopa County criminal defense attorneys agree that it is an overused charged. The police generally use it as a "catch-all" charge, when no other appropriate charges exist and they want to make an arrest. Charges sometimes follow a police warning, but a warning is not required. The most common reasons police decide to charge or arrest someone for disorderly conduct is Maricopa County is for the following reasons:
1) Police are annoyed with you;
2) No other appropriate charges exist for them to use;
3) Police feel the need to make an arrest or charge because someone has made a complaint against you;
4) Police gave you a warning, and the conduct, music, disruptive behavior continued and they had to return;
5) You disrespected or disobeyed orders from police;
6) Police believed your actions were deliberate, intended, and you were not cooperating with them

Never plead guilty for disorderly conduct charges without first consulting a Maricopa County Criminal Defense Attorney. They will provide you with information and options for your defense.

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DUI Lawyer Tempe | Tempe DUI Defenses | Find the Best Criminal Lawyer

Tue, 20 Dec 2011 07:06:29 -0700

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"!

Criminal Lawyers Mesa AZ | Mesa Disorderly Conduct Charges | Laws | Penalties | Defenses

Mon, 12 Dec 2011 08:09:53 -0700

"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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Phoenix Burglary Lawyer | Laws | Classifications | Sentencing | Criminal Defense

Tue, 06 Dec 2011 12:44:14 -0700

"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."
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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

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

Chandler Criminal Defense | Disorderly Conduct Charges | Laws | Penalties

Tue, 29 Nov 2011 08:16:50 -0700

"Chandler disorderly conduct charges are often challenged by good criminal lawyers who defend criminal charges in Chandler Arizona. Here's how they often get dismissed".

Chandler Disorderly Conduct Charges
These are probably some of the most frequent criminal charges given out by Chandler Police. But at the same time, they are some of the most frequently challenged charges by criminal defense attorneys. Many are dismissed due to their subjective nature. Every case carries its own unique circumstances, and criminal lawyers tailor defenses to challenge the evidence, or lack thereof. To get a conviction, for disorderly conduct charges the prosecution has the burden of proving that the disruptive conduct disrupted a business, or disturbed someone's peace; the accused had "knowledge" that they were disturbing others; or that there actions were "intentional". While this is an uphill battle for the prosecution, you will need to retain the assistance of a criminal defense attorney to defend you case if you wish to increase your chances of getting the charges dismissed.

Arizona Disorderly Conduct Laws - Discussion
Title 13 ARS 13-2904. A & B outlines situations under the law that would result in disorderly conduct law violations. But the reality is that the facts or circumstances surrounding the criminal charge are not always objective. For example, a person can be charge for disorderly conduct or disturbing the peace for making "unreasonable" noise. But "unreasonable noise" to one, may not be to another.

Under Arizona Criminal law, in order to be convicted of disorderly conduct, a person must be engaging in the conduct with "knowledge" or "intent" to disturb another (s) peace. The prosecution has the burden of proving that the accused had knowledge or intent. So for the sake of discussion, what if person number #2 is provoked unexpectedly by person number #1 and an immediately verbal altercation ensues? Then following the incident, the police arrive and arrest both persons. In this case, there are really two compelling argument exists for person #2.

1) Person Number #2 was provoked, and retaliated out of fear of danger or the threat of danger. So their actions were in self-defense.

2) Person Number #2 engaged in an act of immediate retaliation, and did not "intend" to disturb the peace of others in the surrounding area that may have been disturbed by the altercation.

In Arizona, Disorderly Conduct charges are often coupled with other criminal charges. Using the examples above, the following additional charges would apply:

1) Where "unreasonable noise" was reported, the police also found that the person making "unreasonable noise" was under the age of 21, and drinking alcohol. So they were charged with disorderly conduct and "Under Age Drinking".

2) In the situation where a person was provoked into retaliated, the altercation turned into a physical fight. Both persons were also charged with "assault" in addition to "disorderly conduct".

Every situation is different and holds its' own unique set of circumstances. In many cases the language of the law actually serves as to defend the accused, verses prosecuting them. Many defenses are available, but limited to the only those that that surround the circumstances.

Disorderly Conduct Penalties in Arizona
Most disorderly conduct charges are classified as Class 1 misdemeanors. A Class 1 misdemeanor is the most serious of Arizona misdemeanor charges. A Class 1 misdemeanor exposes the accused to a maximum sentence of 6 months in prison and $2,500.00 in fines.

If the situation involving the Disorderly Conduct involved reckless display, use, or discharge of a firearm, a Class 6 Felony may be charged. In that case, the accused may face potential sentencing that includes one year in prison; hefty fines and fees; and a felony criminal record.

If Disorderly Conduct Charges are coupled with other criminal charges, additional penalties would apply. When disorderly conduct is charged in relation to another crime, it usually is involves more serious crimes such as DUI, or Assault charges.

Criminal Defense Lawyer for Disorderly Conduct Charges in Chandler AZ
You should consult an experienced criminal defense attorney who defends criminal charges in Chandler before pleading guilty to Disorderly Conduct charges in Chandler AZ. The charges may not be justified, and defenses may exist that you are not aware of that can lead to a dismissal of your charges.

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Criminal Attorneys Gilbert AZ | Gilbert Disorderly Conduct Charges | Laws | Penalties | Defenses

Fri, 25 Nov 2011 10:45:46 -0700

"Not all arrests for disorderly conduct charges are lawful. Don't plead guilty before consulting an experienced criminal lawyer who defends disorderly conduct charges in Gilbert".

Disorderly Conduct Charges Gilbert AZ
"Disorderly conduct" or "disturbing the peace" charges are common in Gilbert AZ. But just because they are common, does not make them less serious. A good criminal defense attorney who defends Gilbert Disorderly Conduct Charges will be the first to tell you, not to ignore these charges. If you ignore them or fail to appear at your designated court date, a warrant will be issued for our arrest.

Penalties for Disorderly Conduct in Gilbert AZ
Circumstances surrounding the Disorderly Conduct charges will weigh heavily on the classification for which the conduct will be charged. A large number of these charges are classified as Class 1 Misdemeanors. Class 1 Misdemeanors are the highest level of AZ Misdemeanors. Class 1 Misdemeanors will expose you to six months of incarceration and $2500.00 fines if convicted.

Class 6 Felonies are charged if the disorderly conduct involves a firearm. Disorderly Conduct Felony sentencing includes maximum penalties of up to one year in state prison, fines and fees, and a felony criminal record.

Arizona Disorderly Conduct Laws
Arizona Disorderly Conduct Laws are found in Title 13 of Arizona Criminal Code ARS 13-2904. An outline and summary of the law is shown below:

A person can be charged with disorderly conduct when the following applies to their conduct:
1) "With intent" someone disturbs another person, business, or other entities' peace: or
2) "With knowledge", of their actions, a person engages in the following behavior (s):

• Fighting; or other disruptive behavior;
• Loud music or other disruptive noise especially late evening or early am hours;
• Using offensive, disturbing, abusive language or gestures that provoke immediate retaliation by another party;
• Disruption or disturbance that lasts for an extended period of time;
• Disrupting person (s) with the intent to prevent or distract them from engaging in a lawful meeting or gathering;
• Disobedience of a lawful order to dismiss, evacuate or remove one's self from a premises or area, for purposes of public safety; imminent danger; fire, flood, or other hazard or emergency;
• Unlawful discharge of a firearm; reckless display of a gun or other dangerous weapon.

Criminal Defense for Gilbert AZ Disorderly Conduct Charges
Good criminal attorneys who defend criminal charges in Gilbert AZ challenge disorderly conduct charges frequently. They often can get them dismissed due to their subjective nature of disorderly conduct charges. Depending on the circumstances, many effective defenses can be used by good criminal defense lawyers to challenge unjust disorderly conduct charges. You should contact a criminal lawyer who defends disorderly conduct charges in Gilbert before pleading guilty to these charges. They will discuss your charges and provide you with your defense options.

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Phoenix DUI Sobriety Check Points | Phoenix DUI Lawyer | Arizona DUI Defense

Tue, 22 Nov 2011 07:08:17 -0700

10 Things Police Don't Tell You about Phoenix DUI Sobriety Checkpoints.

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

This time every year, Phoenix DUI lawyers and criminal defense attorneys start getting pretty busy with DUI violations, and other criminal charges that result from drinking and driving, or other offense that can stem celebrations or gatherings. One thing to expect is Arizona DUI sobriety check points. Phoenix DUI checkpoints are pre-determined and announced by city officials and law enforcement agencies. Not only are the locations of the DUI sobriety checkpoints decided in advance, but so are the vehicles they decide to stop. Federal laws adopted by Arizona, require that which vehicles to stop, be based on a mathematical formula. For example, it could be every third or fourth vehicle, or every vehicle. The only way to be 100% certain you won't be stopped if you find yourself in a DUI roadblock line is the obvious: Avoid drinking and driving; and avoid driving impaired to the slightest degree, due to alcohol, drugs, or any other toxic substances that would impair your ability to drive in Arizona. If that is not possible, then read on to learn how to survive the DUI stop:

1. Stay away. Before you leave for your destination, find out in advance where the planned Phoenix, Tempe, Mesa, Chandler, Gilbert, Scottsdale DUI roadblocks will be. Officials must announce DUI sobriety check point locations in advance. Check your local media and news sources; official law enforcement, DPS, Maricopa County, and other Social Media outlets, websites, blogs. Then take a detour.

2. Make your Arizona driver's license and registration accessible to you in the vehicle. When the police stop a vehicle at a DUI check point, they will ask you for your driver's license and vehicle registration. They are not just looking to see if your driver's license is current and valid; or to make sure you're not driving a stolen vehicle. They are also observing your demeanor, any unusual fumbling; or lack of controlled motor skills they may cause them to investigate you further for Arizona drunk driving or DUI. Produce your license and registration timely and without question.

3. Stay calm and in control. The Phoenix police or DPS officers always expect people to be a little nervous at a DUI stop, even if they have nothing to hide. But being overly nervous or over gesturing is a red flag to them that something's up;

4. Don't joke around. Refrain from joking, laughing or chattering to the police or other passengers in the vehicle with you. Heads up passengers....this includes you too. In fact, you should alert all passengers that you are approaching a DUI checkpoint that silence and respect is necessary, and throughout the process.

5. Get off the cell phone and refrain from texting. While in line or at the actual DUI stop, stay focused; pay attention; and listen to what is being asked of you by the police.

6. Don't complain about the Phoenix DUI checkpoint or being stopped. Remain respectful and polite to the officers. Treat them how you would want to be treated if the tables were turned.

7. Give them only the information they are requesting. Don't offer information about where you've been; where you are going, what you've eaten, or what you have been drinking, or anything of that nature. What may seem to you as harmless or innocent "elevator conversation" may actually cause them to question you further. A respectful greeting is sufficient such as "Good evening officer", "Hello officer", "Thank-you Officer" and the like.

8. Don't offer any information about medical conditions or medications you have. And especially do not offer information regarding prescription or over-the-counter medications you may have consumed or that may be in your possession. To do so, may cue the officer's to investigate you further for a Phoenix Drug DUI or Medication DUI. In Arizona you can get a DUI if you are "impaired to the slightest degree" by legal non-prescription drugs. You may not be aware that certain medications you purchased from a local drug store for aches, pain, allergies, headaches or other reason, contained ingredients that impaired your driving.

9. Don't allow passengers to carry or consume alcoholic beverages while in your vehicle. When you step up to be the designated driver, you get to make the rules. The rules are to protect you and them. It's your license and your freedom is on the line. Your job is to be sober and get them to their destination safely. Their job is to ride by your rules. When you make the rules and your riders abide them, everyone wins and you're the "Most Valuable Player".

10. If you are charged with DUI, consult an experienced Phoenix DUI lawyer as soon as reasonably possible regarding your matter. Arizona DUI, drunk driving, or DWI charges carry some of the most severe penalties in the Country. You will need a good Phoenix criminal attorney to defend your charges; protect your rights; and fight for a dismissal or other favorable outcome.

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Chandler DUI Lawyer | Felony DUI Chandler AZ

Thu, 17 Nov 2011 07:13:05 -0700

AZ DUI Law, Felony DUI Penalties

"The cost of retaining a good Chandler DUI defense lawyer is far less a price, than fines, fees, costs, and your freedom, if convicted of Felony DUI Charges in Chandler."
If you were arrested for felony DUI charges in Chandler, AZ you should obtain a free consultation with a Chandler DUI lawyer as soon as possible. A felony DUI conviction in Chandler will expose you to severe penalties. You will need a qualified Chandler DUI attorney to defend your Felony DUI charges if you wish to have any chance at getting a good outcome in your case.

Felony DUI - Arizona Laws:
There are three aggravating factors that will cause a Chandler Misdemeanor DUI to escalate to a Felony DUI charge. "Felony DUI" charges are also known as "Aggravated DUI charges":

1) A.R.S. §28-1383(A) (1): (Paraphrased) DUI arrest while you driving on a suspended, restricted or revoked driver's license - Class 3 Felony

2) A.R.S. §28-1383(A) (2): (Paraphrased) You just received a new DUI charge and it is your third DUI in 7 years and you were convicted of at least two of them within the last 7 years. - Class 3 felony

3) A.R.S. §28-1383(A) (3): (Paraphrased) You were charged with DUI DWI and a child under 15 years of age was a passenger in the vehicle - Class 6 Felony

DUI Penalties - Felony DUI Sentencing Guidelines in Arizona

A Felony DUI conviction for Chandler DUI charges exposes you to mandatory AZ DUI sentencing guidelines. The mandatory DUI penalties under Arizona Law include, but are not limited to the following:

• Jail Sentences that range from 1 day to 1 year;
• Incarceration in Prison from 4 months to 2 ½ years;
• Revocation of your drivers license for 3 years;
• Ignition Interlock Device (at your expense;)
• Fines of Up to $150,000 plus 80% surcharge;
• $1500 prison assessment;
• $250 abatement fees;
• Probation fees;
• Costs for Drug or Alcohol Treatment Screening;
• Costs for Drug or Alcohol Counseling or Treatment Program;
• Supervised probation;
• Felony criminal record

Felony DUI Penalties for Chandler DUI sentencing for convictions may be "aggravated" or "mitigated". Aggravated factors are those that support the prosecution and warrant more serious DUI penalties. Mitigating factors are circumstances or evidence that support your DUI defense and warrant less serious penalties.

Chandler DUI Lawyer - Felony DUI Defense Chandler AZ

Without compelling arguments presented or motions filed by your DUI Defense Lawyer, the judge or prosecution will not generally offer mitigated sentencing. An experienced Chandler DUI Attorney will know what to look for and obtain evidence needed to argue for a mitigated sentence if you are convicted of a felony DUI charge.

Some Defendants do not realize that a Felony DUI charges is not a conviction. They think since they were arrested, they must be guilty. But an experienced Chandler DUI lawyer or good AZ criminal defense lawyer will advise you that almost any Chandler Felony DUI charge can be challenged, regardless of the classification. Proven Chandler DUI lawyers are often able to get evidence dismissed; charges reduced, or ultimately get the felony DUI completely dismissed. But rarely if ever does this happen without qualified legal representation and defense from a private practice AZ DUI Attorney or Criminal Defense Lawyer in Arizona.

Best DUI Lawyers Scottsdale | High Rated Criminal Defense Firms

Tue, 15 Nov 2011 06:26:18 -0700

10 Tips to Finding the "Best" DUI Lawyers in Scottsdale - Proven Results!

If you face Scottsdale DUI or Criminal charges, you want to hire the best DUI or criminal attorney you can find to defend your charges. This is important because your chances of getting a DUI or criminal charge dismissed in Scottsdale AZ increase drastically with an effective DUI or criminal defense attorney representing you. The lawyer you choose may mean the difference between a conviction with harsh penalties and a dismissal of charges.

Find High Rated DUI lawyers who Defend Scottsdale Charges at Affordable Prices

A great number of criminal defense lawyers in the valley defend Scottsdale DUI & criminal charges. A majority of Criminal Defense Firms throughout Maricopa County defend Scottsdale DUI and criminal charges. In other words, you do not necessarily have to hire criminal or DUI lawyer whose law firm is located in Scottsdale. Here are re 10 tips to helping you find high rated criminal defense firms and well qualified DUI lawyers:

10 Tips To Finding the Best DUI lawyer & Criminal Attorney for Scottsdale Charges

1) Narrow your search geographically; that is, decide how far you wish travel to meet with and hire the DUI or Criminal Defense Attorney of your choice;
2) If you or the person you are helping, is currently incarcerated and unable to travel to the criminal defense lawyer's office, simply call let them know you wish to hire them but need to work out alternative means for meeting, and signing the fee agreement. One example would be in the case where the accused is currently in jail or prison. In that case most lawyers will simply travel to the court or prison to visit them;
3) Narrow your search down to two or three top picks; If you still have questions or need more information, you can contact the AZ State Bar, to make sure they are licensed as an "Attorney" in defense verses, a legal forms processor, paralegal, or other named occupation. Confirm that they are licensed in Arizona to defend Criminal charges in Scottsdale and cities within Maricopa County. Criminal Defense includes the DUI category of defense;
4) Attorneys in other practice areas; Contact lawyers in other practice areas whom you or other family members have used in the past for other legal matters. For example, if you were involved in an auto accident, and were represented by an injury lawyer. Contact them to see if they have a referral for a DUI or criminal defense lawyer;
5) The best source of referral is from friend, family, or other person who you trust; But heed this warning: Do not discuss any specifics or details surrounding your charges. It may harm your defense case for one. Also, that person could later be called as a witness to testify against you regarding statement you made to them. Believe it or not, it happens;
6) Look for Ratings an reviews on the web;
7) Call at least two or three; Sometimes it takes a few more calls than that. Talk with them in person or by telephone; most Scottsdale DUI and criminal defense lawyers provide a free initial consultation. You want to make sure they are "practicing defense attorneys". Some attorneys no longer practice active defense; They may be Professors teaching at local universities or colleges; or they may be dong Expert or Consultant work only; You will need active legal defense representation;
8) You should avoid asking "if they can get your case dismissed". They have not been in contacted with the prosecution, seen the evidence, or worked your case. No attorney has a crystal ball. If an attorney "guarantees" they can get your charges dismissed, "run don't walk" the other way and are telling you what you want to hear; You want a straight shooter who will give you a respectful, truthful response not false hopes;
9) Ask questions about education, training, qualifications; defense and trial experience; and anything else that will make you feel you have found the best defense lawyer for the job.
10) Consider costs and fees; but (emphasis added), don't make the cost the most important factor in your decision; You're not searching for the cheapest gallon of unleaded gas in town. There is a lot more at stake to consider, and you need to look at service to value. You won't necessarily get the best representation for the highest price. To help avoid ineffective assistance of counsel, you need to educate yourself using the tips above and an bit of common sense; that is, if it (the price), sounds too good to be true, it probably is.

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Criminal Lawyers Tempe | Disorderly Conduct Charges Tempe | Penalties | Laws | Defenses

Fri, 04 Nov 2011 07:05:14 -0700

"Arrests for Disorderly Conduct in Tempe AZ are not always lawful....Why Good Tempe criminal defense lawyers often get disorderly conduct charges dismissed."

Tempe Disorderly Conduct Charges
"Disorderly conduct charges", also called "disturbing the peace" are common in Tempe. But frequency makes them no less serious. An experienced Tempe criminal attorney will tell you they should be taken seriously due to their consequences if convicted.

Arizona Disorderly Conduct Penalties
Circumstances surrounding the charges dictate if the disorderly conduct charges will be brought as a felony or misdemeanor. Disorderly conduct charges are usually brought as Class 1 Misdemeanors. This is the highest level of Arizona Misdemeanors. Class 1 Misdemeanors convictions carry a maximum sentence of 6 months in jail or prison and up to $2500.00 fines.

Disorderly Conduct charges in Tempe AZ bought as Class 6 Felonies are charged if the disorderly conduct involves a firearm. Disorderly Conduct Felony Charges carry maximum penalties of one year in prison, along with fines, fees, a long term felony criminal record; and anything else the court deems necessary.

Disorderly Conduct Laws in Tempe AZ
Arizona Disorderly Conduct Laws are outlined under ARS 13-2904 Arizona Criminal Code, Title 13. For the readers convenience below is the law paraphrased, and explained for discussion:
A person can be charged with the crime of disorderly conduct under the following circumstances:
1) "with intent" of disturbing another person (s) peace or disruption of their business: or
2) " with knowledge" of doing so, that person engages in one or more of the following:

• Fights, altercation. or other disruptive behavior;
• Unreasonably loud or disruptive noise or music;
• Offensive or abusive language or gestures which provoke another person immediately retaliate;
• Disruption or commotion lasting for an extended period of time or any physical or verbal disturbing display with the intent to prevent or distract a lawful gathering, or meeting;
• Failure to obey or adhere to a lawful or civil order to leave a premises or area issued for purposes of public safety risk of danger or peril such as fire; or other imminent hazard or emergency;
• Reckless display or discharge of a firearm, or other deadly weapon.
Defenses for Tempe AZ Disorderly Conduct Charges
Experienced Tempe criminal defense firms often challenge disorderly conduct charges due to their subjectivity. Their legal arguments often result in dismissal of the charges. There are many defenses that can be used to combat unjust disorderly conduct charges. Depending on the circumstances one or more of the following defenses categories may be used (Defense list not all inclusive):
• "Justification" Defenses; Self-defense; the accused was protecting a defenseless person being attacked; the accused's conduct was an immediate reaction to being provoked, or threatened;
• "Affirmative" Defenses; A fact that prevents the prosecution from being able to prosecute the charge: Charges being brought in the wrong jurisdiction; charges were not brought within the state's time limit for certain criminal offenses; the accused was mentally ill, and did not "intend" to cause the disruption;
• "Reasonable Doubt" Defenses; Credible and trust worthy eye witnesses have conflicting accounts of the event from the Police officer's account; the prosecution is unable to prove beyond a "reasonable doubt" that a crime was committed by the accused; or there is no evidence, no witnesses, or no complaints made of a disturbance caused by the accused; ;
• "Violation of Constitutional Rights" Defenses; Right to free speech, no abusive or offensive language was used; right to assemble lawfully and peacefully; freedom to practice faith or religion without disturbance.
Why Police Make Arrests for Disorderly Conduct in Tempe
Those charged or arrested are often confused as to why they were arrested for disorderly conduct. In most cases, it has less to do with what they did, and more to do with what the police could not do. Most Tempe criminal defense attorneys agree that it is an overused charged. The police generally use it as a "catch-all" of charges, when they don't know what else to charge someone with, but want to make an arrest. Charges sometimes follow a warning by police, but a warning by police is not required.

The most common reasons charges or arrests for disorderly conduct is Tempe is for the following reasons:
1) Police are fed-up or annoyed with you;
2) Police have no other appropriate charge to use;
3) Police feel compelled to make an arrest or charge because complaints continue despite warnings; and/or the police have to return to the scene more than once;
4) Police felt that you disrespected them or that you were not being cooperative;
5) Police believed your actions were deliberate, and intended.

Always consult an experienced criminal lawyer to defend your Tempe disorderly conduct charges. Just because you were charged with disorderly conduct does not mean the arrest was lawful.

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