Last year, the Arizona Department of Public Safety revealed that prescription drugs were increasingly being found in the blood and urine tests of individuals who have been pulled over or arrested in Arizona and suspected of DUI. Prescription drug abuse is a common problem all over the United States, but Arizona had the sixth highest prescription drug abuse rate for 2010-2011 of all the states.

Because they are prescribed by a doctor, people often do not realize that misused or abused prescription drugs can be as dangerous as illegal recreational drugs like heroin or cocaine. It is important to be aware, however, that you can be charged in Arizona with driving or being in physical control of a vehicle while on certain prescription drugs, or while a “metabolite” of the drug is in your body. Recent Arizona case holds that it does not matter whether you are actually impaired by the drug.

Even if you appear to be driving safely, the State can prove your guilt simply by proving that any drug that is listed on the schedule of “dangerous drugs”, “narcotic drugs”, or “prescription-only drugs” were in your system. Under Arizona Revised Statute 28-1381, there is a narrow safe harbor defense to a “driving on prescription-only drug charge” under A.R.S.28-1381 D: This is the case, if you were using a drug as prescribed by a licensed medical practitioner, including doctors, dentists, podiatrists and osteopaths. That means you can use this defense if you took the amount that was prescribed by a physician, but you may not be able to use it if you took more.

In a prescription drug case last year, the appellate court was asked to explain just what was entailed by this defense. Several issues were in question: Does the burden of proof to show beyond a reasonable doubt that the prescription drug use was not justified–also called a justification defense? Or is it the responsibility of the person accused to mount an affirmative defense in which he must prove that he did not abuse prescription drugs, but used them according to a doctor’s directions? Or is the lack of a prescription or use of the drug against what a prescription says a key element of the crime? If it is a key element of the crime, it is something the State must prove in order to secure a guilty verdict.

The defendant was initially charged in municipal court for driving with Methadone, Klonopin and Ritalin (prescription-only drugs) in his body. The latter of these two are drugs that are commonly taken daily in order to treat psychiatric conditions like ADD and anxiety. Like illegal recreational drugs, however, these common prescription drugs can have powerful effects on one’s attention span, motor skills and focus. Klonopin is sometimes even taken to treat insomnia.

Fannin challenges the superior court’s holding that A.R.S. § 28-1381(D) creates an affirmative defense requiring him to prove by a preponderance of the evidence that he was using the drug as prescribed by a medical practitioner.

The municipal court ruled that the defendant had to make an initial showing that provided by a preponderance of the evidence that he was taking the drugs as prescrbed by a medical practitioner under the law. If successful, only then would the burden of proof shift to the State to show “beyond a reasonable doubt” that he was not. The State filed a special action petition with the superior court challenging the municipal court’s ruling. The superior court agreed with the State that the defendant was raising an affirmative defense, which attempts to excuse a defendant of the criminal action, for which they would otherwise be held accountable. By doing this, it places the burden of proof on the defendant.

The defendant appealed, asking the appellate court to answer the question of what kind of defense the safe harbor for prescription drugs was. The appellate court reasoned that the defense here was an exception to the general rule that it is a crime to drive with prescription-only drugs in one’s system. But the court established that A.R.S. 28 – 1381 (D) was in fact an Affirmative Defense. But the defendant failed to mount an Affirmative Defense. Relief was not granted on that basis.

Criminal law and defense can be a complex area in which fine distinctions are made. If you are arrested for driving with prescription drugs in your system, the entire burden of proof lies with you and your attorney. A knowledgeable criminal defense attorney may be able to poke holes in the State’s case against you. Contact the Law Offices of James Novak at (480) 413-1499 for help.

Additional resources

• Drugs A-Z List
• Prevent Prescription Drug Abuse (Attorney General)
• Arizona Department of Public Safety

MORE BLOGS

• Arizona’s Medical Marijuana Law Stands Ground, Arizona Criminal Defense Attorney Blog, June 4, 2013
• Marijuana DUI: The Impact of Montgomery V. Harris in Arizona, Arizona Criminal Defense Attorney Blog, March 13, 2013

Under the Arizona State Law A.R.S. 13-114 (3) a person is afforded the right to confront witnesses against them, in a criminal case, as prescribed by law. It should go without saying, that this does not mean a person has right to physically or directly confront a person, outside of the criminal justice process. It means that a defendant has a right to confront witness against them as part of legal proceedings. This is the most commonly and effectively done through cross-examination of a witness in trial, through the defendant’s criminal defense attorney. It involves questioning the witness regarding their testimony.

If these rights are violated, it may lead to suppression of the eyewitness identification or testimony. Violation of this right may lead to suppression of the witness testimony being used as evidence against a defendant.

Challenges to Witness Testimony The Six Amendment also protects a defendant from being found guilty of a crime, based on “hear say” testimony. Some questions regarding admittance of evidence for example “here say” testimony, the parties may negotiate or decide the matters during evidentiary hearings, or conferences. If the Prosecution and Defense are in disagreement regarding the validity of a particular witness testimony, the judge may rule on whether or not it may be admitted.

Other factors may invalidate a witness statement or prove them less than accurate, before or during trial. Validity of a testimony may be compromised due to such external factors including: influences by other people; obstruction of a witnesses view; length of time that has elapsed since the incident and the testimony; confusion; reduction of recollection of the incident by the witness; unbiased nature of the witness; lack of proper lighting to see the witness; inattention of the witness during the incident, distractions or noise surrounding the witness; stress and other circumstances. In these cases, the defense lawyer may file a motion to suppress that the invalid testimony or identification, from being admitted so that it may not be used against the defendant.

Nonetheless, other material evidence should be always be used to increase the validity of witness identification or testimony. Material evidence may include such things as photographs, surveillance video, fingerprints and DNA comparisons.

Burden of Proof

In absence of a “guilty” plea or conviction, a defendant is guilty until proven otherwise by a court of law. In order to get a conviction, the State of Arizona and Prosecution must prove “beyond a reasonable doubt” that a defendant is guilty of committing a crime.

If the prosecution wishes to use a witness statement or identification against the defendant, their defense attorney will usually examine this identification or testimony to confirm its validity. If the witness identification or testimony raises reasonable doubt due to invalidity, it may lead to suppression of this evidence, and in some cases, a dismissal of charges.

Criminal Attorney for defense of criminal charges in Mesa AZ

Any criminal charges in Arizona can potentially be serious. You should always consult a qualified criminal defense attorney before pleading guilty to any criminal offense. Although you may have been arrested, you are still presumed innocent by law. You have the right to hire a lawyer to defend your charges. If retained, they will protect your rights; make sure you are treated fairly, and defend the charges against you. This will increase your chances of getting a favorable resolution in your case.

Additional Resources:

• The 6th Amendment of the Constitution

• Arizona State Legislature – Right to Witness Confrontation

• Arizona State Legislature – Presumption of Innocence • Arizona Rules of Evidence – Recent Amendments

• Mesa AZ Municipal Court

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Most are charged as Class 1 Misdemeanors, which carries a jail sentence. But depending on the circumstances, may be charged as Class 1 felony which exposes a person to harsh prison sentencing.

Disorderly Conduct laws cover a wide range of criminal conduct, which many perceive it as a “catch-all” offense. Others consider it a last resort charge, in those cases where police are annoyed with a person, and have no other applicable charges for which to cite a person. It is often coupled with other offenses such as assault, domestic violence, unlawful discharge of a gun, or resisting arrest.

Disorderly Conduct charges are often vague in nature, making it one of the most challenged criminal offenses in court. Often the suspect was acting within the order of their Constitutional Rights. They are often dismissed for the following reasons:

• Insufficient evidence;
• Lack of consistent credible witness statements;
• Violations in Constitutional Rights;
• Affirmative or Justifiable Defenses were successfully argued.
• Inability of the prosecution to “prove beyond reasonable doubt” that the crime was committed.

A.R.S. 13-2904 Disorderly Conduct Laws

A person is guilty of Disorderly Conduct, if, with intent to disturb the peace and quiet of a neighborhood, person, family, or business, other public or place, with knowledge of doing so commits the following:

1) Engages in fighting, violence or seriously disruptive behavior; and includes public drunkenness resulting in disorderly behavior;

2) Makes unreasonable and disruptive noise; or

3) Uses abusive or offensive language or gestures to against another that is likely to provoke immediate physical retaliation by that person; or

4) Makes commotion of long duration; verbal or physical display with the intent to prevent transactions of a business, lawful gathering, meeting, or procession;

or 5) Refusing to comply with a lawful order to disperse for any of the following purposes:

• To maintain public safety;
• If they are within the dangerous proximity to a fire, or other hazard;
• Any other emergency as deemed necessary by civil local, or state officials, or criminal law enforcement entities.

These offenses will be charged as Class 1 Misdemeanors, and expose a person to jail, and other penalties.

A person will also be guilty of Disorderly Conduct if with intent and knowledge, displays or discharges a firearm, other deadly weapon, or dangerous instrument. This offense will be charged as a Class 6 Felony, exposing a defendant to prison, and other harsh penalties.

Criminal Defense Attorney for Disorderly Conduct in Tempe, AZ

Disorderly Conduct charges are not always justified, are often vague in nature. For these reasons criminal defense attorneys can often get them dismissed. You should never plead guilty before consulting an experienced criminal lawyer about your matter. If retained they will evaluate your case and determine what defenses may be used based on your circumstances. They will tell your side of the story; protect your rights; defend your charges; and work to get you the best possible outcome in your case.

Additional Resources:

• Disorderly Conduct Laws

• Arizona Department of Public Safety – Crime Statistics 2011

• Tempe Police Department – Resources

• Tempe City Court

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Almost monthly in 2012 we learned of large and small operating Meth rings and labs discovered in some alarming places. Meth Busts took place in residential homes, where children reside; offices; and mobile lab units. Arrests are frequent, and Arizona prosecutes offenses related to it, egregiously. Meth is classified in Arizona as a “Dangerous Drug”. Crimes involving them are prosecuted egregiously. Convictions of any Dangerous Drug offense carry prison terms.

Methamphetamine (Meth) Facts:

Meth is a highly addictive and dangerous drug. According to the National Institute on Drug Abuse, ingesting even small amounts of methamphetamine (Meth) can result in adverse symptoms such as irregular or rapid heartbeat, high blood pressure, and hyperthermia. Long-term abuse of Meth may include anorexia; severe dental problems and gum disease; anxiety, confusion, insomnia, behavior and mood changes that include violence and hostility. Serious and Chronic methamphetamine addictions may result in psychosis; paranoia, hallucinations, disturbing delusions. Overdosing may lead to convulsions, heart failure, stroke, other organ failure, and death. Chronic addiction to Meth has proven to lead to of infectious diseases such as and HIV/AIDS hepatitis B and C due to IV use or high risk behaviors.

Meth may be found in pill, or powder form. Crystal Meth is formed in glass fragments or bluish-white rocks. It has many common street names including but not limited to “Crank”, “Crystal”, “Glass”, “Speed”, and “Ice”, just to name a few. Methamphetamine may be obtained through importation by “super labs” or dealers outside the USA; they are also manufactured here in the USA in large or small labs. In Arizona they are often found in ordinary residential neighborhoods, businesses, and in mobile labs.

Meth is illegal in Arizona. Crimes include use, possession, transport, sales, or administration. It also has been known to lead to other criminal behaviors such as theft, burglary, robbery, assault, and other violent crimes.

Arizona State Meth Laws and Penalties

It is illegal in Arizona, and considered a “Dangerous Drug” by Definition (A.R.S. 13-3401) and strict laws pertain to possession, use, sales, transport or administration (A.R.S. 13-3407).

Dangerous Drugs are prosecuted by the state egregiously. Meth is also illegal under Federal Law. It is categorized as a Schedule II stimulant under the Controlled Substances Act. Schedule II Stimulants are recognized as having high abuse potential, with limited medicinal uses in the medical community.

As a border state Arizona is has experienced heavy trafficking of Meth into the country. The Maricopa County Sheriff’s office has used Meth-task-force organizations to monitor the desert skies by aircraft along desert corridors. Other police efforts have included aircraft drone surveillance; under cover informants; special camouflage equipment; night vision resources; and community outreach programs to help combat the Meth problem in the valley.

Criminal Defense for Meth Crimes

If convicted, all Meth crimes are classified as Felonies, and generally carry harsh prison sentencing. If you were arrested for a drug crime you still have the right to defend your charges and retain a criminal defense firm on your behalf. If retained, an experienced criminal defense attorney will evaluate the evidence; defend your rights; determine if it is weak or unjust; determine if your rights were violated; and if there are any defenses that can be used to get a favorable resolution to your charges.

Additional Resources:

• Arizona State Legislature – Meth Defined as Dangerous Drug

•Arizona State Legislature – Dangerous Drug Laws involving Meth

• Arizona Drug Enforcement Program

• Arizona Substance Abuse Treatment Center Index

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On Thursday November 23, 2012 local media outlets reported three incidents of synthetic Marijuana poison by high school students from two different schools in Southern AZ. Two of the students were sent to hospital emergency rooms.

Synthetic Marijuana or Imitation Marijuana is a chemically engineered cannabinoids substances or plant material that is said to produce a high similar that of Marijuana if smoked or ingested.

Arizona is in the majority of states in the country that prohibit use, sales, production, and distribution of synthetic marijuana products and other illegal substances.

This is because they have proven to be dangerous, causing severe illness, resulting in emergency hospitalizations, and fatalities. The National Institute on Drug Abuse compares the effects in some cases to poisoning. Health effects include severe anxiety, nausea, vomiting, heart problems, tremors, seizures, hallucinations, paranoia, psychotic episodes, and other serious medical conditions.

According to the American Association of Poison Control Centers incidents of poisonings, and poison control emergency calls increased 50% from 2010 (2915) to 2011 (5741) and continued to increase for 2012.

Despite Health alerts and warnings by Local, State, and Government Agencies, synthetic marijuana continues to be sold and used. Brands marketed and sold as something other than fake or synthetic Marijuana. They may be found under the popular names of:

• “Herbs”;
• “Incense”;
• “Spice”;
• “K2,”;
• “Blaze
• “Red X Dawn”

They are usually labeled as Incense and have the words “Not for Human Consumption”. They are readily available, and can be purchased at marijuana shops, other retail outlets, and even some convenient stores.

AZ Synthetic and Imitation Drug Laws

Synthetic Drugs are defined under Arizona Law Imitation Substances or Drug Offenses A.R.S. 13-3451 and include:

• Controlled substances;
• Counterfeit preparations;
• Imitation controlled substances;
• Imitation prescription-only drug;

Imitation over-the-counter drug Arizona Laws A.R.S. 13- 3456; 13- 3457, and 13-3458, prohibit use of imitation or synthetic controlled substances; prescription drugs; and over-the-counter (OTC) drugs; Violations of these laws will result in Class 2 Misdemeanor criminal charges. Class 2 Misdemeanor charges expose a person to four months in jail; probation; substance abuse education, counseling and treatment; up to $750.00 fines; fees, and costs.

Arizona laws also apply to sales, manufacturing, or distribution of synthetic or imitation drugs under A.R.S. 13-3453; 13-3454; 13-3455; and 13-3459.

Violations of any of these laws will result in Class 6 Felony charges and expose a person to more severe sentencing including prison terms and exorbitant fines.

Arizona Marijuana Laws

Marijuana use, sales, production, and distribution is prohibited under Arizona law A.R.S. 13- 3405, and includes synthetic Marijuana as described in A.R.S. 13- 3401 Drug definitions.

Charges are classified as felonies. The classification of the offense and severity of the offense depends on the quantity of the drug found in a person’s possession as well as other factors.

Criminal Defense for Marijuana and Synthetic Marijuana Possession

Many users are misled by the fact that the imitation drugs are readily sold over the counter. However, it is a criminal offense to use, sell, produce or distribute Synthetic Marijuana. If you face any Marijuana drug charges you should consult a criminal defense attorney regarding your matter. If retained, they will make sure your rights are protected; you are treated fairly; and defend your charges. There may be defenses you are not aware of that can lead to dismissal of charges; reduction of sentencing or other favorable resolution in your matter.

• Arizona State Legislature Title 13 Imitation Substance or Drug Offense

• Arizona State Legislature Title 13 Classifications for Use of Synthetic Drug Charges

• National Institute on Drug Abuse

• US Drug Enforcement Administration (DEA)

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On October 9, 2012, the Superior Court Judge in Maricopa County denied Michael Lee Crane’s request to represent himself at trial. Crane is accused three violent robberies and homicides in the Phoenix, AZ. The defendant claimed the reason he wanted to represent himself was because no one knew his case better than he did. But the reason for the Judge’s denial had little to do with knowledge of the case.

But rather, Crane had persistently been disruptive; refused follow or recognize governing authority and law; refused to answer questions; refused to follow substantiated law; refused to comply with the Arizona Rules of Criminal Procedure and Code; and deliberate engaged in serious and obstructionist misconduct The Judge explained that Crane needed to be able to understand, and follow these rules and follow the Arizona and US constitution. The Judge explained that by not knowing and following these laws and procedures, the defendant did not realize the limits he would place on his defense. But more importantly, his request was denied on the basis that the request for self-representation was not “knowingly” made.

Analysis of Ruling

The Sixth Amendment of the constitution affords a person the right to counsel or the right to defend themselves. And while it is unwise, the court must respect a person’s right to refuse attorney representation, even if it to the detriment of the person’s defense. For this reason, the Judge did take the defendant’s request under advisement. However, the decision is still ultimately at the judge’s discretion.

In this Ruling the Judge recognized the right of a person to defend themselves and refuse counsel. However, he explained that this right has limits. The court cited numerous important rulings to refuse to the defendant his request for self-representation:

• A defendant who is persistently disruptive of orderly procedures may lose their right to self-representation U.S. v. Williams 2011; State v Brooks 1989; Smith v State 1998; Wilson v. state 2004; Coleman v. State, 1980;
• Repeatedly arguing with the court on issues that were already ruled on, may be cause for forfeiture of the right to self-representation State v. Hemenway, 2004;
• Self-representation must be balanced against the government’s right to a fair trial which requires it to be conducted in a judicious and orderly forum State v. Henry, 1997;
• A trial court has broad discretion in managing the conduct of a trial, and has a duty to properly exercise that discretion State v. Cornell, 1994;
• Even if found competent to waive counsel, and stand trial, the court still has discretion to deny self-representation requests if it believes that the defendant’s request was not made knowingly.

Criminal Defense Attorney Mesa, AZ

If you face criminal charges, especially if they are serious, you should always consider retaining a qualified criminal defense attorney to represent you. They will defend your charges, and make sure your rights are protected. They will represent you through all stages of a criminal case; be capable of mounting a defense on your behalf; and worked towards obtaining the best possible resolution to your charges.

Additional Resources:

• State of Arizona v. Michael Crane

• Arizona Judicial Branch – Rules of Criminal Procedure

• Arizona Superior Court – Case Procedures more If you “Like” this article please let us know with a +1! Feel Free to subscribe and “Share”!

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www.Arizonacriminaldefenselawyer.com www.novakazlaw.com Arizona DUI & Criminal Defense Serving Tempe, Phoenix,Mesa, Chandler, Gilbert, Mesa, Scottsdale, AZ Maricopa County

A wide range of services and activities focused on education, support, and prevention at local, state and national levels. It includes the mourning of those who died as a result of domestic violence, and provides services and support efforts to their surviving children

Identifying Abusive Behaviors

• Controlling behavior;
• Physical abuse;
• Threat or intimidation;
• Isolation;
• Mental or physical neglect;
• Economic abuse or neglect;
• Sexual abuse

Planning for Safety

• Don’t allow yourself to be cornered in a room especially a small enclosed area;
• Educate yourself and your children to identify signs and indicators from your abuser that abuse is imminent;
• Discuss safety with your children before any incidents occur including safe places to go, what numbers to call, and safety signals to alert them to act if anything happens;
• Set up emergency signals with a trusted family member or neighbor who lives outside your home;
• Collect important documents, and records that you can access immediately from a safe location on short notice;
• Pack and keep a bag in a safe place that includes clothing, nonperishables, medicines, water, and any needed supplies for you and your children for at least 24 hours;
• Be familiar with local domestic violence shelters in your area, and keep their contact information readily available in the event of emergency.

Local and national supporters are wearing purple ribbons, and conducing “going purple activities”. For activities in your area, you can visit your state’s Domestic Violence Coalition, official city police website or other national resources.

Domestic Violence Charges

Domestic abuse or violence is a criminal offense, punishable by jail, fines, and counseling. You should know that even victims sometimes are charged or arrested for domestic violence. There are a numerous reasons for this. It can occur if a parent is a witness to domestic abuse or neglect to a child, but does not take any action to report it to authorities or respond appropriately to keep the child safe. It can also occur, if the police arrive, and are uncertain of which person is the aggressor and which is the victim; or if both persons contributed to the incident of aggression, violence, abuse, or neglect.

If you received charges or were arrested, you always consult a criminal defense attorney regarding your matter, before pleading guilty to charges, or appearing in court.

Additional Domestic Violence Support Resources:

• National Coalition Against Domestic Violence

• Other US Organizations for Domestic Violence Support

• Arizona Coalition Against Domestic Violence

• State Coalition Contact List

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You may be completely not-guilty of the charges for which you were arrested or on trial, but the prosecution will not “tell your story” or produce any evidence that will help prove your innocence. That is not their job. The prosecutor generally will not point out weaknesses in the State’s case against you. Only your criminal defense attorney will look for defenses, mitigating factors or evidence that may lead to a dismissal or reduction in sentencing; • Any information or answers to questions regarding your charges can result in unintended self-incrimination. You have a constitutional right to remain silent and retain legal counsel to defend your charges, and be present during any questioning or testimony. Representing one’s self increases a person’s chance of unintentional self-incrimination.

The Presiding judge can only intervene on motions; plea agreements; granting or prohibiting evidence from being admitted; and sentencing. The Judge can’t dismiss the charges without formal or proper legal arguments or challenge is made on the evidence; to the law; or other matters surrounding your case; or there is a “Not-Guilty” verdict returned by the jury.

Arizona DUI laws are strict and penalties harsh. A first time Misdemeanor DUI calls for mandatory jail sentencing Ignition Interlock Device on vehicle; suspension of driver’s license; probation, costly fines, fees and assessments. DUI charges result in both criminal charges which are held in criminal court, and civil charges relating to the negative actions on a person’s driver’s license. A qualified criminal defense firm will protect your rights; defend your charges; make every effort to help avoid jail terms and other harsh sentencing.

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Arizona Truth-in-Sentencing Laws were passed in 1993 pursuant to Senate Bill 1049, by the Arizona State Legislature. The laws revised Arizona Criminal Code the Truth-in-Sentencing Statutes under ARS § 13 – 101.7. The revised laws effected offenders who committed crimes after January 1, 1994. One of the provisions required a mandated 6 out of every 7 days of time to be served as ordered for a criminal conviction. The laws eliminated parole and many other early releases of inmates from prison, detention or parole, and converted to a more distinct set of mandated guidelines.

Earned Release Credits Truth-in-Sentencing laws allow for an inmate to be eligible for earned release credits that could reduce their prison sentence up to a maximum 15% of the term for good behavior. Eligibility to earn release credits is based on designated classifications involving the following factors:

• Nature of the criminal offense (violent v. non-violent);
• Inmate’s threat to a victim or society;
• Disciplinary Sanctions for prison misconduct;
• Participation in work recommended;
• Participation in alcohol, drug, or other treatment program;
• Engagement in education, and training programs;
• Consistent and continued favorable evaluations

Effects on Probation and Parole in Phoenix AZ

If a person is eligible for probation, the court may suspend the sentence and all for supervised probation. Probation Violations will result in reinstated to original sentencing of jail or prison and probation revocation.

Parole is a supervised release outside of prison which takes place after an inmate has completed a portion of their sentence before the term is completed. The Parole Laws prior to January 1 1994 were more liberal, in that a person would be eligible for parole after serving one-half to two-thirds of their sentence. For those serving time who committed crimes prior to 1978 the inmates were eligible for parole after serving only one-third of the originally ordered sentence. Persons who were convicted of offenses prior to January 1, 1994 are still eligible for parole. Under the revised Laws of 1993, eligible parole dates are statutorily pre-determined based on the criminal offense and the laws in place at the time of the crime. The effects of the new law, in most cases, results in a longer prison term actually served before the inmate is eligible for release on supervised parole.

Supervised Community Service

The new Truth-in-Sentencing Laws also include provisions for Community Service, . whic takes place after the completed earned released date. Sometimes, the court will waive community service, and replace it with a term of probation. Community Service is usually made part of the imposed felony sentencing. It occurs in conjunction with the prison term. The number of days of the community supervised program is one day for every seven days of the sentence, as ordered by the court at the time of the initial sentencing.

Criminal Defense Attorney for Felony Charges Phoenix AZ

If retained, your criminal attorney will defend your felony or misdemeanor charges. They will make every effort to get a good resolution in your case. They will defend your charges, and guide you through the criminal justice system stages. You should discuss any concerns you have about the sentencing laws, in the event your charges can not be dismissed.

Article Resources:

http://static.nicic.gov/Library/012259.pdf http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/00604.htm&Title=13&DocType=ARS http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/00101.htm&Title=13&DocType=ARS

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On June 11, 2012, the 9th Circuit Court of Appeals reversed and remanded a conviction involving a firearm found at the home of a prohibited processor (felon). In order for the search to be constitutional under the Fourth Amendment “probable cause” for the search warrant is required. One exception to this would be under an “exclusionary rule” extension known as the “attenuated exception.” This exception could have only applied if the connection between the unlawful search and the conviction were weak. But the defendants argued on appeal that the connection between the discovery of the weapon through unconstitutional search and the conviction was too heavily weighted.

The lower district court held, that although there was lack of probable cause, a “good faith” exception was made to all the police to proceed with the unlawful search under the “good faith reliance doctrine” (United States v. Leon).

However, the 9th Circuit Court’s opinion reversing the decision felt that the good faith exception that resulted in the search warrant in absence of probable cause failed to meet “fair probability” or even a “as colorable argument” for probable cause that a firearm associated with the homicide at issue, would be found at the search warrant location. Therefore, it was determined that the officers’ warrant was unlawful, and the exception to the attenuated doctrine did not apply, and the evidence was obtained illegally. As a result, the firearm and ammunition evidence was suppressed, and all evidence gained following the unlawful search. As a result, the 9th Circuit Court reversed and remanded the conviction for further proceedings.

Exclusionary Rule: Exception Doctrines for Admittance of Criminal Evidence The Exclusionary Rule or Doctrine disallows prosecution to admit evidence gained unlawfully in violation of the Fourth Amendment of the US Constitution. However, the Supreme Court has recognized some exceptions to this rule in favor of police, prosecution, by the State or Government against a defendant. This Exclusionary Rule has 4 exceptions, that would allow evidence to be admitted in court, that otherwise would not have been allowed because it was gathered unlawfully by police. The exceptions include the following circumstances:

• “Attenuation exception”: This allows for evidence to be admitted if the connection between the unlawful search and discovery of the evidence v. the conviction is sufficiently weak; • Good-faith Doctrine: This exemption allows evidence, obtained unlawfully to be admitted. It applies when police acted in “good faith” by relying on a search warrant, that a “reasonable person” would have considered lawful; but later found unconstitutional.

• The criminal evidence was found as a result of an independent search, not the offense for which the defendant was convicted; • The evidence would have been found despite the unlawful search Resources:

http://law.justia.com/cases/federal/appellate-courts/ca9/11-50036/11-50036-2012-06-11.html http://www.law.cornell.edu/wex/good_faith_exception_to_exclusionary_rule

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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, Phoenix, Mesa, Chandler, Gilbert, & Scottsdale AZ Free Initial Consultation

Arizona has adopted the guidelines from National Highway Traffic and Safety Administration (NHTSA). The guidelines set parameters on organization; administration; a conducting of the stops. This includes which cars to stop. According to NHTSA guidelines the vehicles which will be stopped are pre-determined by city officials or the police. Those vehicles must be chosen by a mathematical formula or sorts, for example, every 3rd vehicle or every other vehicle.

Locations of DUI Task Forces or Checkpoints

Generally the DUI Task forces are set up in areas where high traffic volume is expected. For example in the case of a summer holiday, the Police may set up check points in areas where people may be popular establishments where liquor is sold. This Memorial Day Weekend, some of the DUI Checkpoints include the following areas in Maricopa County:

• Phoenix – Metro and suburbs
• Areas near University of Phoenix Stadium
• Highway leading to Lake Pleasant in Arizona

How to avoid a DUI Task Force Stop
1) The best way to avoid a task force stop is not to drink and drive;
2) Whether you are plan to drive under the influence of alcohol or drugs, it is best to avoid a DUI stop if you can. Not many people enjoy the long lines, or the experience in general. You can check your local media website, police departments, County websites, and even social media outlets on the internet;
3) NHTSA also requires that signs be readily present and posted near the Checkpoint. Stay vigilant if you should approach one, and take another route if possible;
4) If you did not plan to drink and drive, but find you are in that position, call on a friend or family member or taxi to take you home;
5) If you know in advance you will be consuming liquor, make plans in advance for a designated driver, or alternative arrangements to get home safely. Judgment decisions are always more prudent when a person not under the influence of alcohol or drugs.

DUI Lawyer Phoenix AZ

If you are arrested for DUI in Phoenix AZ, you should consult a criminal defense attorney to discuss your matter and defense options. Arizona has strict laws and hrsh penalties for DUI. You will need a legal advocate to represent you in court. There are defenses that can be used combat DUI charges. With experienced and effective legal representation you will increase your chances of getting a good outcome in 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, DWI, Drunk Driving & Criminal Defense Firm
Serving Tempe, Mesa, Chandler, Gilbert, Mesa, Phoenix & Scottsdale AZ

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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If you have been arrested; face active Arizona criminal or DUI charges, or have an existing warrant for your arrest in Maricopa County for Arizona DUI, DWI, drunk driving, drug or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. James Novak, experienced Arizona criminal Defense and DUI & Criminal defense Attorney, James Novak will speak with you directory concerning your charges, and provide you with defense options. James Novak is an experienced trial lawyer and former prosecutor.

The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Maricopa County Defense AZ, Scottsdale AZ, Tempe AZ, Phoenix AZ, Chandler AZ, Maricopa County Defense AZ, East Valley, and surrounding cities within the Phoenix metro and Maricopa County Area.

Good AZ Criminal Defense Attorneys – Choose the Right Defenses Arizona has two criminal laws that may involve defenses of “not having knowledge”. The wrong one if used as a defense would result in a disastrous outcome for the defendant. The other if used effectively, under right circumstances, may lead to a dismissal of DUI or criminal charges. That is why it is important to hire an experienced Arizona criminal attorney or DUI trial lawyer to defend your DUI or Criminal Charges in Arizona.

Arizona Criminal Laws – Comparison of Two Criminal Defenses

1. “A.R.S. Title 13, Chapter 2, 13-204. Effect of ignorance or mistake upon criminal liability”- Where “not knowing the law” is not a viable defense and in fact may lead to a conviction. In reader friendly terms this law states that if one “does not know the law”, it makes no difference, and they will be held criminally responsible. In Arizona, if a person knowingly commits an act, but claims they “didn’t know” it was a violation of the law, it does not matter In fact by claiming they did not know their conduct was a crime; is simply reinforcing to prosecution that they in fact committed the crime.

2. “A.R.S. Title 13 Chapter 34: 13-3405. Possession, use, production, sale or transportation of marijuana; classification Where “Not having knowledge” may lead to a dismissal of charges. This law applies to Arizona Drug laws; in it is a provision and requires that the state prove beyond a reasonable doubt that a defendant was “knowingly” in possession of drugs, in order to get a conviction for the drug charges. In this case, if someone “did not know” they were in possession of the drugs, their criminal defense attorney would present compelling arguments to the effect that their client “was not knowingly in possession” of the drugs. This often times proves to be a most effective defense that results in suppression of evidence, and dismissal of charges.

Application of Two Arizona Laws and Defenses:

1) A.R.S. 13-204. In the first case one admits certain criminal conduct, but “does not know” their actions were against the law. (not a valid defense) 2) A.R.S. 13-3405. In the second case, involving drug charges, a person is charged with drug possession, but “does not know” they were in possession of drugs. (Justifiable defense).

Examples of each of the Two Arizona Laws and Defenses:

1) A.R.S. 13-204 – The accused is arrested for possessing dangerous and illegal drugs. They claim they knew they had the dangerous drugs, for intended personal use. They were promptly arrested. They insist they did not know it was against the law to have the particular dangerous illegal drugs in their possession. It does not matter. They have reinforced their dangerous drug possession charges in favor of the prosecution.

2) A.R.S. 13-3405 – A friend borrowed the accused person’s vehicle and inadvertently left a bag of Marijuana on back floor board of the car. The following evening, the owner of the vehicle was driving it and was stopped by police for a minor traffic infraction. As the police officer approached the vehicle they saw the bag of Marijuana in “plain sight”, and arrested the owner of the vehicle. Until then, the owner of the car did not k now the Marijuana was in the vehicle. A good AZ criminal defense lawyer will have a compelling argument that the accused was not “knowingly” in possession of the drugs.

If you face criminal charges in Arizona, be sure you consult and retain an experienced criminal defense lawyer in the state and county you received the DUI or criminal charges. DUI and criminal laws and defenses may differ in every state.

Source of Arizona Law: Arizona State Legislature Arizona Revised Statutes azleg.gov

If you have been arrested; face active Arizona criminal or DUI charges, or have an existing warrant for your arrest in Maricopa County for Arizona DUI, DWI, drunk driving, drug or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. James Novak, experienced Arizona criminal Defense and DUI & Criminal defense Attorney, James Novak will speak with you directory concerning your charges, and provide you with defense options. James Novak is an experienced trial lawyer and former prosecutor The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa AZ, Scottsdale AZ, Tempe AZ, Phoenix AZ, Chandler AZ, Gilbert AZ, East Valley, and surrounding cities within the Phoenix metro and Maricopa County Area.

“Your chances of getting criminal 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 found in the “details” of the facts, evidence and testimony; and they don’t want to miss a thing. A DUI lawyer preoccupied with what they are going to say next, risks missing details that could lead to their client’s case dismissal;

3. Compelling: The best defense lawyers are persuasive, articulate and compelling. They can present highly effective arguments;

4. Thousands of Hours of Trial & Litigation: Be careful of hiring criminal defense attorneys who have not spent much time in the court room or trial, even if you don’t plan on having a trial. The fact 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 very often. In those cases, the attorney 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 Prosecutor: Here are just 4 good reasons to choose a former prosecutor:

(a) They get a vast amount of trial experience in many types of criminal cases in a short amount of time;

(b) In Maricopa County, it is not unusual for prosecutors to be in court or trial 4 to 5 days a week, every week. There are fewer of them and they carry heavy caseloads;

(c) In contrast average DUI or criminal defense lawyers in Maricopa County, only go to trial on about 2% or 3% of their cases, if that;

(d) Criminal defense lawyers who are former prosecutors know what can and can’t be done outside to help the defendants, particularly when it comes to negotiations for dismissals, or reduction in sentence; they practiced by the book, and know what’s in the book; and they don’t take “no” for an answer if they know otherwise;

6. They are Scholars of Arizona DUI & Criminal Defense Law: They know the Arizona criminal law; they are familiar with existing and new laws, changing legislation, and court cases with outcomes that may impact their client’s DUI & Criminal charges in Maricopa County. They recognize that Arizona Laws do not exist just to prosecute a defendant and they know what laws to use that will make good defenses and protect the rights of their clients;

7. They Don’t Use “Cookie Cutter” defenses: The best lawyers understand that “one size fit all” does not apply to defenses in a DUI or criminal cases. Each is unique and with its own set of facts. Winning DUI & Criminal Defense strategies are well thought out, and tailored to fit the circumstances. A particular defense in a case that leads to a dismissal may result in conviction with a prison sentence in a different case;

8. They Don’t File “Frivolous” Motions: Attorneys with reputations of filing frivolous or unjustified motions lose credibility with judges and the prosecution in courts where they regularly appear;

9. They Never Underestimate the Power of Filing EARLY Justified Motions: These often involve 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 and the like;

10. The “Home Court Advantage”: The best criminal lawyers defend charges exclusively within their own jurisdiction or county such as in the case of Maricopa County. So although they may be licensed to practice in the entire state of Arizona, it is still best in most cases to hire an attorney who frequently defends cases in the jurisdiction or county where the charges were filed. Those lawyers have built reports; are well respected by law enforcement, prosecutors, investigators, expert witnesses, and judges; and they are extremely familiar with court procedures and protocol throughout courts for which they defend clients; There’s no substitute for the “Home Court Advantage”;

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 for them; they have a passion for defense; they recognize that the accused has fundamental rights by law to defend their charges in due process under the United States Constitution and Arizona Law; They make sure defendants are treated fairly, and their constitutional rights are protected;

13. Work Ethic: They make the time needed to tailor, build, and present a compelling defense case which includes gathering evidence, retesting it, examining the facts, and challenging evidence for suppression (not to be used), and obtaining exculpatory (evidence in the client’s favor); they conduct their own defense investigations, concurrently as the prosecution is building their case;

14. They 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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If you have been arrested; face active Arizona criminal or DUI charges, or have an existing warrant for your arrest in Maricopa County for Arizona DUI, DWI, drunk driving, drug or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. James Novak, experienced Arizona criminal Defense and DUI & Criminal defense Attorney, James Novak will speak with you directory concerning your charges, and provide you with defense options. James Novak is an experienced trial lawyer and former prosecutor.

The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Maricopa County Defense AZ, Scottsdale AZ, Tempe AZ, Phoenix AZ, Chandler AZ, Maricopa County Defense AZ, East Valley, and surrounding cities within the Phoenix metro and Maricopa County Area.

Article by: James Novak, DUI & Criminal Defense Lawyer Arizona

Good criminal lawyers can challenge your AZ DUI using different types of defenses; but in Arizona, “I didn’t know” is not one of them.

Arizona criminal defense attorneys may challenge your DUI or criminal charges using certain defenses for example, “Affirmative Defenses”, “Reasonable Doubt”, and “violation of rights” defenses. If successful, the DUI or criminal charges may be dismissed or acquitted. But the fact that you “did not know” you violated the law, does not release you of “criminal responsibility”. Thus an experienced Arizona criminal lawyer would not attempt to use it.

Arizona Law A.R.S. Arizona Criminal Code Title 13, Chapter 2, 13-204 “GENERAL PRINCIPLES OF CRIMINAL LIABILITY” Chapter 2, 13- 204 of Arizona Law Reads in part as follows:

“13-204. Effect of ignorance or mistake upon criminal liability

A. Ignorance or a mistaken belief as to a matter of fact does not relieve a person of criminal liability …

B. Ignorance or mistake as to a matter of law does not relieve a person of criminal responsibility”

AZ Criminal Charges – What You Should Know

1) Criminal and DUI laws are different in every state; Arizona has some of the most harsh penalties and strict DUI laws in the Country;

2) Arizona Prosecutors egregiously pursue convictions for DUI, Drug and other Criminal charges in Arizona;

3) Currently all DUI convictions both Misdemeanor and Felony DUI expose you to incarceration in jail or prison;

4) Most Arizona drug charges are prosecuted as Felonies:

5) Your chances of getting DUI or Criminal charges dismissed increase drastically when you retain a criminal lawyer or DUI attorney to defend you.

How to Prevent, Avoid, or Mitigate Criminal Convictions in Arizona

• Become familiar with Arizona Criminal Laws, especially if you are visiting from another state; or you have recently moved to Arizona;

• Become familiar with your basic Federal and State Constitutional Rights;

• If you are driving and stopped by police for suspicion of DUI, do not offer information may harm your defense such as “I just left a bar”, or I only had two drinks.

• If you are arrested, the police are not required to read you the “Miranda Rights” which include your right to remain silent; and your right to an attorney, until or before interregation or questioning;

• Remain cooperative.

• Invoke your right to “remain silent”, until your attorney is present, either verbally or in writing. If you do not formally invoke this right, and you just remain silent, you will appear uncooperative which will harm your defense.

• Become familiar with several Criminal Defense or DUI Lawyers in your County, before you need one; and keep their contact information with you, or in your mobile device.

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Source: Arizona State Legislature Arizona Revised Statutes azleg.gov If you have been arrested; face active Arizona criminal or DUI charges, or have an existing warrant for your arrest in Maricopa County for Arizona DUI, DWI, drunk driving, drug or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. James Novak, experienced Arizona criminal Defense and DUI & Criminal defense Attorney, James Novak will speak with you directory concerning your charges, and provide you with defense options. James Novak is an experienced trial lawyer and former prosecutor. The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa AZ, Scottsdale AZ, Tempe AZ, Phoenix AZ, Chandler AZ, Gilbert AZ, East Valley, and surrounding cities within the Phoenix metro and Maricopa County Area.

If you were arrested or charged with a crime or DUI in Phoenix Arizona, you will need to appear for your Arraignment Phoenix Criminal Court or DUI Court. You should make sure your rights and defenses are protected by retaining effective criminal defense for your Phoenix criminal or DUI charges. The retention of a good proven DUI or criminal defense lawyer will increase your chances of getting a good outcome in your case. If you choose to defend your own charges and have your case heard without an experienced Arizona Criminal or DUI lawyer, you increase your chances of getting a criminal conviction or Arizona DUI conviction. Make sure the DUI attorney or criminal lawyer defends cases regularly in the court which you have been instructed to appear.

Phoenix Criminal Court Jurisdiction

Phoenix Municipal Court, Phoenix Justice Court and Phoenix Superior Court

Many defendants want to know why they have been instructed to appear at a certain court verses another Phoenix criminal court, and why they are different. The primary difference between Municipal, Justice and Superior Courts are the types of cases that are heard in them. Some courts have been granted authority by Arizona Constitution to handle certain types of cases. Some of the lower courts are limited as to what types of cases they are authorized to hear. In this context, the difference involves what is known as “Limited Jurisdiction” Courts verses “General Jurisdiction” Courts:

A) Municipal or City Courts (used interchangeably) are Limited Jurisdiction Courts. This is considered a lower court. The City courts have limited jurisdiction and have authority to hear only limited types of criminal cases. The majority of the cases heard in Phoenix City Court are Misdemeanor charges. Under certain circumstances, preliminary hearings for felonies can be heard in Phoenix City Court.

B) Justice Courts are Limited Jurisdiction Courts. Similar to City Courts, the Justice Courts have limited jurisdiction over what types of cases can be tried or heard in them. The Justice courts in Arizona, usually hear Phoenix Misdemeanor cases. However, some preliminary hearings for felonies can be heard in Phoenix Justice Court.

C) Superior Court is considered to be a General Jurisdiction Court. The Arizona Superior Court is state wide trial court. It has authority under the Arizona Constitution to hear wide variety of criminal cases. The types of cases tried in this court are primarily Felony cases. Although the Arizona Superior Court is a single entity, it has multiple locations in each county in Arizona. Each county in Arizona, including Maricopa County, has at least one Superior Court Judge.

Types of Criminal & DUI Cases heard in Arizona Municipal/City Courts, and Arizona Justice Courts

1. Phoenix Municipal & City Courts: Municipal courts & City Courts, in Arizona hear the following types of criminal cases:

• Misdemeanors:

• Misdemeanor DUI (Driving under the influence of alcohol); as long as no injuries were involved;

• Misdemeanor hit-and-run; without injuries involved;

• Misdemeanor reckless driving without injuries involved.

• Petty offenses; committed in Phoenix AZ.

• Municipal or City courts also share jurisdiction with justice courts over certain types of violations relating to Arizona law, if the crime was committed in Phoenix AZ.

2. Justice Courts – Arizona Justice Courts hear criminal cases of these types:

• Misdemeanors;

• Some felony preliminary hearings; and

• Misdemeanors criminal offenses punishable by a fine of less than $2,500 or less than six months in county jail.

3. Superior Courts – The Arizona Constitution provides the Arizona Superior Court jurisdiction over the following types of criminal cases: • Superior Courts in Arizona have exclusive jurisdiction over felony cases; • Superior Courts share jurisdiction with Justice Courts over misdemeanors when the potential penalty does not exceed $2,500 or imprisonment for six months; • If no other court has jurisdiction or authority to handle a particular case, Superior Courts may have jurisdiction over that case.

As soon as you learn which court your are required to appear, you should consult an experienced AZ criminal defense attorney or DUI lawyer in that jurisdiction as soon as possible to discuss your charges and defense options.

If you face active Arizona criminal or DUI charges, or an outstanding warrant for arrest in Arizona or have been arrested in Maricopa County for AZ DUI, DWI, Drunk Driving or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI & Criminal defense Attorney, James Novak (Former Prosecutor). The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert Arizona, East Valley, AZ and surrounding cities within the Phoenix metro and Maricopa County Areas.

This blog has been posted for general public informational purposes only. All articles by this author are intended to raise awareness and generate discussion on a variety of Arizona State Law issues and topics. Note that Arizona legislation, laws, criminal code and AZ DUI & criminal laws and penalties frequently change. If you have any active criminal or DUI or criminal defense matters related to this topic, it is important that you consult or hire an Arizona criminal or AZ DUI or criminal defense law firm in the jurisdiction of Arizona where you received your charges of up to date information on the laws, penalties and defense options.

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

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

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

1. To avoid unknowingly saying or doing something that will incriminate your defense case.

2. To avoid unintentionally waiving any constitutional rights you could have used in your defense.

3. To avoid overlooking a defense strategy, that if used properly may have led to dismissal of your charges.

4. To remain detached and objective in examining the facts, evidence and defenses.

5. To eliminate being led into an evidentiary trap, and being lured into it by the prosecution. Many become aware of what happened after the damage is done.

6. To avoid the chance of misinterpretation of the constantly changing and tough AZ DUI Laws, and penalties.

7. To help you recognize and use evidence that is material to building a solid DUI defense strategy. (You may be surprised at the factors which are material. Many reach far beyond just the results of your DUI breathalyzer or blood test.)

8. You want to recognize weaknesses or flaws in the prosecution’s case; and avoid overlooking exculpatory evidence (evidence in your favor) that may strengthen your defense case and lead to a DUI dismissal.

9. You avoid failing to miss any procedural guidelines, deadlines, arguments, or processes that must be followed in the Maricopa County Criminal Justice System. If overlooked they may jeopardize your defense. Many DUI charges are dropped due to procedural errors or protocol violations by police or prosecution.

10. Lastly, a law expert once said “Never underestimate the power of filing early motions” (paraphrased). While they may be seemingly irrelevant to a defendant, or the general public, DUI or Criminal Charges in Arizona are dismissed every day due to procedural or defense motions filed early in the criminal or DUI case by the defendant’s

AZ DUI or AZ criminal defense lawyer.

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

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

If you have been arrested in Maricopa County for AZ DUI other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Phoenix, Mesa, Tempe, Scottsdale, Chandler, Tempe, Gilbert Arizona, East Valley, AZ and surrounding cities in Phoenix metro area.

2) Just the facts: Stick to the facts of your criminal or DUI charges. A busy attorney has active retained cases from people who have hired them that need attention. They do not have time to discuss the weather or politics unless they are directly relative to your Arizona criminal or DUI charges.

3) Breathe: Yes Breathe. Many people accused of a crime are so anxious to tell their story to someone who will listen and side with them, that they don’t pause to give the criminal or DUI lawyer a chance to speak. Most Attorneys are very good listeners. They are trained and have experience in defense and litigation. As part of the consultation process, they need certain details or information they are looking for in order to help you and proceed with your consultation. If you are doing all the talking, without allowing them to speak, you may miss some very important information, interjections, or questions they have to provide you with the most accurate and useful consultation regarding your criminal charges and defense options. .

4) Answer the Attorney’s questions: The attorney may ask you questions such as date of birth, citizenship status, prior criminal or DUI history, city of arrest, city of residence, reason for the DUI stop, or other charges relating to your charges. They are asking certain questions for good reasons in order to help you. The answers to the questions may relate to the court process that will take place, what the prosecution will be looking for, and defense strategies they may be able to use to defend your case relating to the charges, They will also ask this information to assist them in determining the appropriate quote to give you regarding their fees for retention or other reasons relating to your defense.

5) Make sure you Speak directly with an Attorney: Some firms screen cases through other legal support staff or sales representatives. Find out in advance who you are or will be speaking with for your initial consultation. Consulting with a criminal or DUI attorney will be in a position to provide you the most accurate and beneficial information related to your charges and defense options. If you are not given the opportunity to speak with the attorney who will be representing you, it is wise to seek other defense counsel.

6) Don’t just call around looking for fee Quotes: Often times, people just call one attorney after another for quotes in general. And that is all they want to know. By doing this, they are missing out on very important information that could help them. Further, it is not always possible for the attorney to provide a quote without getting relative facts from you. Also, following your consultation, many attorneys will be willing to negotiate reasonable prices to assist you in retaining them especially if you are having financial hardship. Finally, there is a lot more to consider when hiring an attorney besides their prices. You should consider defense experience, education, training, credentials, and get an idea of what they can do for you. If you hire someone strictly on pricing, without finding anything out about the attorney, you may find you have made a grave mistake that will cost you your freedom and future.

7) Tell the Truth. Sometimes people make the mistake of with holding information surrounding the severity or number of charges instead of all of them, their criminal history, or what phase in the criminal law process they are currently engaged in. Their motivation is to get a “lesser quote”. But by doing this you will do more harm to your defense than good. First, you have compromised the trust of a potential attorney from the start. Next, a good Arizona criminal attorney or DUI lawyer will find out the truth, (sooner than later) whether you tell them or not. In that case, they will have the right charge you the proper amount needed to hire and defend the case. It is better to be honest from the start regarding such things as past criminal record, amount and severity of charges. Also if you have or had a different attorney currently, it is unethical for a criminal or DUI attorney to discuss details of your case. One exception to this is if you have a genuine desire to change attorneys and hire a new one. If that is the case, you need to provide this information as soon as possible. However, keep in mind that if a case is too far into the criminal justice process such as having been set for trial, many attorneys will decline to come on board to represent you.

If you have been arrested for DUI or criminal charges in Maricopa County, South Central Phoenix, Central Phoenix or anywhere in the Greater Phoenix or East Valley AZ cities, contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information. .

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within Maricopa County including the cities of Tempe, Scottsdale, Gilbert, Chandler, Mesa, and Phoenix Arizona, Phoenix Metro, and Phoenix East Valley, Phoenix Metro, & Central Phoenix Arizona.. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.

1) An Attorney out of state who is not licensed to practice law in Arizona. If you have Arizona criminal or DUI charges, you need to hire an attorney in good standing who is licensed to defend cases in Arizona, for many reasons. To name a just a few: Criminal and DUI laws and penalties are some of the most severe in the country. The laws are turbulent and constantly changing. You need to hire someone who is well versed and familiar with the laws and the criminal justice system in Arizona.

2) An Attorney who “guarantees” they can get your DUI or Criminal charges dismissed. No attorney has a crystal ball. No attorney can tell you before retention, examination, and due criminal law process, what the outcome will be. And certainly no attorney can predict in advance what a jury will decide. . Anyone who guarantees an outcome to lure you into to hire them is giving you false hope, which is cruel and unethical.

3) An Attorney who tells you all DUI charges are “standard” and will result in the same outcome. This could not be further from the truth. All DUI & criminal cases have their own unique set of circumstances. Depending on the facts, the laws, the attorney who is defending you; defense strategies used; the strengths and weaknesses of the prosecution’s case; and much more, determines the outcome in a case. DUI and criminal charges get dismissed every day in Arizona. Some of the charges and sentences can be reduced. Some defendants enter negotiated agreements which can have a variety of terms. Every case is different, and there are many possible outcomes.

4) An Attorney who uses “scare tactics”. There is big difference between giving you factual information related to your charges and the criminal law process, v. trying to scare you into hiring them. After your consultation or hiring of an attorney you should feel confident that you are in good hands and that you have hired a competent AZ DUI and criminal attorney who will fight vigorously for your rights and freedom. You should feel a sense of trust and peace of mind- in their competence. You should never feel that if you don’t hire that particular attorney you will get the maximum sentencing allowed by law. Enough said.

5) An Attorney who charges high fees tells you that if another Attorney charges lower fees, they are less competent or will do less work on your case. Wrong, wrong, wrong again. There are no official governing entities dictate how much attorneys can charge in Arizona. You will get a wide range of quotes low to high. What AZ criminal and Dui Attorney’s charge is not a reflection of their competence, or how hard they will work to defend your case. Some of the best Arizona DUI lawyers charge some of the lowest fees and have for years. There are many reasons for this including, the law firm’s operating costs, staffing needs, advertising expenses, size of the firm, competition, location, and more. Arizona has no shortage of qualified, experienced criminal and DUI attorneys who can provide you with a solid and effective defense at an affordable price.

If you have been arrested for DUI or criminal charges in Maricopa County, South Central Phoenix, Central Phoenix or anywhere in the Greater Phoenix or East Valley AZ cities, contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information. .

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within Maricopa County including the cities of Tempe, Scottsdale, Gilbert, Chandler, Mesa, and Phoenix Arizona, Phoenix Metro, and Phoenix East Valley, Phoenix Metro, & Central Phoenix Arizona..

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.

Some of the best Arizona criminal and DUI defense attorneys are Law Firms who charge the most affordable price and can get you the same or better outcome. And some of the most expensive attorneys simply “go through the motions” and do little to protect your rights or fight for your defense. In the latter scenario, the final product results in a losing and unfavorable outcome. The best qualified Arizona criminal defense and DUI lawyers agree that there are far more factors to consider than price. There are more factors to consider when choosing an attorney if you are facing AZ criminal or DUI charges. So below are some important questions to ask and answers to consider:

• Are they familiar with constantly changing Arizona Laws and penalties?

• What forum or resources do they use to keep updated on these changes?

• Are they licensed with the Arizona State Bar to practice criminal and DUI defense in Arizona?

• How long have they resided in Arizona?

• How long have they defended criminal and DUI charges in Arizona?

• Approximately how many cases have they defended relating to your particular charges (assault, DUI, Theft, etc)?

• Are they familiar with utilizing criminal and DUI defense strategies that apply to your charges?

• How long they have been practicing Criminal and DUI defense?

• How experienced are they in trial and litigation?

• Approximately how many trials have they done?

• What was the outcome of those trials? • Is their Law practice exclusive to Criminal and DUI Law?

• Have they been former prosecutors?

• Do they have a proven track record of success?

• Are they good litigators?

• Can they examine the evidence to build and mount the best defense?

• Do they regulate their case load to make sure they can put the time and effort needed to labor over building and mounting the best defense for you?

• Who will be handling the details and events of your case from start to finish? If a different attorney at that law firm will be handling your case, you want to make sure you meet them and ask them the same questions.

• Are they strong enough to challenge the prosecution’s case or evidence against you?

• Will they be available to answer your questions and guide you through the processes?

• Will they over turn every item of evidence to look for weaknesses in the prosecution’s case?

• Will they be able to present compelling arguments and file motions with the court, and educate the judge, prosecution and jury about your side of the story?

• How often have they defended cases in that particular court you are required to appear in Arizona? • Are they familiar with the judge, prosecution, procedures, and stringent time-lines?

• Have you read reviews on the internet about the quality and effectiveness of their defense? • Has anyone you know and trust referred them to you?

• Are their fees affordable and competitive in relation to others in the jurisdiction for which you face charges?

• Can you comfortable with communicating with them? • Are they directly assessable? • Are they respected and reputable in the community? • Did you feel confident after your consultation that this DUI or criminal Attorney will give you the best defense possible?

This is just a sample list to consider when looking for a good AZ criminal or DUI attorney, but this should paint the picture. A good defense attorney will gladly answer these and any other questions you have to your satisfaction. If not, or you do not fee that comfort level, then talk to other criminal or DUI attorneys in Arizona until you do. You are the employer in this case. It is only prudent that you ask the right questions and get the answers you need to hire the best Criminal or DUI attorney to defend your case.

If you have been arrested for DUI or criminal charges in Maricopa County, South Central Phoenix, Central Phoenix or anywhere in the Greater Phoenix or East Valley AZ cities, contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information. .

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within Maricopa County including the cities of Tempe, Scottsdale, Gilbert, Chandler, Mesa, and Phoenix Arizona, Phoenix Metro, and Phoenix East Valley, Phoenix Metro, & Central Phoenix Arizona.. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.