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        <title><![CDATA[Arizona DUI Attorney - James Novak]]></title>
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            <item>
                <title><![CDATA[Drug and Medication DUI charges in Arizona: With probable cause, the mere presence of a drug in your system is enough for the Scottsdale Police to charge a driver with DUI.]]></title>
                <link>https://www.arizonacriminaldefenselawyer.com/blog/drug-dui-medication-dui-char/</link>
                <guid isPermaLink="true">https://www.arizonacriminaldefenselawyer.com/blog/drug-dui-medication-dui-char/</guid>
                <dc:creator><![CDATA[The Law Office of James Novak Team]]></dc:creator>
                <pubDate>Thu, 16 Feb 2012 15:15:36 GMT</pubDate>
                
                    <category><![CDATA[Scottsdale AZ DUI]]></category>
                
                
                    <category><![CDATA[Arizona DUI Attorney]]></category>
                
                    <category><![CDATA[AZ DUI Laws]]></category>
                
                    <category><![CDATA[AZ DWi Laws]]></category>
                
                    <category><![CDATA[Best DUI Lawyers Scottsdale | High Rated Criminal Defense Firms]]></category>
                
                    <category><![CDATA[DUI With Medication]]></category>
                
                    <category><![CDATA[Prescription Drug DUI]]></category>
                
                    <category><![CDATA[scottsdale drunk driving]]></category>
                
                    <category><![CDATA[scottsdale DUI]]></category>
                
                    <category><![CDATA[scottsdale DUI attorney]]></category>
                
                    <category><![CDATA[scottsdale DUI lawyer]]></category>
                
                    <category><![CDATA[scottsdale DWI]]></category>
                
                
                
                <description><![CDATA[<p>“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. §&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>“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.”</p>



<p>
<strong>Arizona DUI with Medications – Drug DUI Charges
</strong>
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.</p>



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<p>
<strong>Drug DUI Defenses Arizona
</strong>
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:</p>



<p>
	“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).</p>



<p>
	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.</p>



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



<p> 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;</p>



<p> 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.</p>



<p> Defense expert testimony raised “Reasonable Doubt” that the drug or medication found in the driver’s system caused impairment to the slightest degree;</p>



<p> 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;</p>



<p> Constitutional Rights violations</p>



<p><strong>Criminal Defense Lawyer for Drug DUI Charges in Scottsdale  AZ</strong></p>



<p>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.</p>



<p><strong>If you “Like” this article please let us know! Feel Free to subscribe and “Share”!<br></strong>Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 <a href="http://www.arizonacriminaldefenselawyer.com/">www.Arizonacriminaldefenselawyer.com<br></a><a href="http://www.novakazlaw.com/">www.novakazlaw.com<br></a> Arizona DUI & Criminal Defense Serving Tempe, Mesa,Mesa, Chandler, Gilbert, Mesa, Scottsdale, AZ Free Consultation! Call (480) 413-1499</p>
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            <item>
                <title><![CDATA[Best Maricopa County Defense Lawyers: 15 traits that distinguish the best DUI lawyers from good ones.]]></title>
                <link>https://www.arizonacriminaldefenselawyer.com/blog/best-maricopa-county-defense-l-1/</link>
                <guid isPermaLink="true">https://www.arizonacriminaldefenselawyer.com/blog/best-maricopa-county-defense-l-1/</guid>
                <dc:creator><![CDATA[The Law Office of James Novak Team]]></dc:creator>
                <pubDate>Fri, 10 Feb 2012 15:15:53 GMT</pubDate>
                
                    <category><![CDATA[Phoenix AZ DUI]]></category>
                
                
                    <category><![CDATA[Arizona DUI Attorney]]></category>
                
                    <category><![CDATA[AZ DUI Laws]]></category>
                
                    <category><![CDATA[AZ DWi Laws]]></category>
                
                    <category><![CDATA[DUI With Medication]]></category>
                
                    <category><![CDATA[phoenix drunk driving]]></category>
                
                    <category><![CDATA[phoenix DUI]]></category>
                
                    <category><![CDATA[phoenix DUI attorney]]></category>
                
                    <category><![CDATA[phoenix DUI lawyer]]></category>
                
                    <category><![CDATA[Phoenix DUI Lawyers ׀ Phoenix DUI Laws]]></category>
                
                    <category><![CDATA[phoenix DWI]]></category>
                
                    <category><![CDATA[Prescription Drug DUI]]></category>
                
                
                
                <description><![CDATA[<p>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&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p><strong>15 Traits of criminal Lawyers who get Maricopa County Defense AZ charges for DUI Dismissed!</strong></p>



<p>
“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.”</p>



<p>– James Novak, AZ DUI & Criminal Defense Trial Lawyer and Author of “Arizona Winning DUI & Criminal Defense Strategies” Book Series</p>



<p>1. Experience; Criminal & DUI defense experience in Maricopa County;</p>



<p>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;</p>



<p>3. Compelling: the best defense lawyers are persuasive, articulate and compelling; They can present highly effective arguments;</p>



<p>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;</p>



<p>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; </p>



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</div></figure>



<p>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;</p>



<p>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;</p>



<p>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;</p>



<p>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.</p>



<p>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;</p>



<p>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;</p>



<p>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;</p>



<p>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;</p>



<p>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.</p>



<p>
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</strong></p>
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            <item>
                <title><![CDATA[DUI defenses: DUI defenses must carefully be selected by your attorney.  The best defense strategies are those that will prove to be the most effective given the unique facts of your case.]]></title>
                <link>https://www.arizonacriminaldefenselawyer.com/blog/dui-lawyer-phoenix-dui-defense/</link>
                <guid isPermaLink="true">https://www.arizonacriminaldefenselawyer.com/blog/dui-lawyer-phoenix-dui-defense/</guid>
                <dc:creator><![CDATA[The Law Office of James Novak Team]]></dc:creator>
                <pubDate>Thu, 26 Jan 2012 14:11:22 GMT</pubDate>
                
                    <category><![CDATA[Phoenix AZ DUI]]></category>
                
                
                    <category><![CDATA[Arizona DUI Attorney]]></category>
                
                    <category><![CDATA[AZ DUI Laws]]></category>
                
                    <category><![CDATA[AZ DWi Laws]]></category>
                
                    <category><![CDATA[DUI With Medication]]></category>
                
                    <category><![CDATA[phoenix drunk driving]]></category>
                
                    <category><![CDATA[phoenix DUI]]></category>
                
                    <category><![CDATA[phoenix DUI attorney]]></category>
                
                    <category><![CDATA[phoenix DUI lawyer]]></category>
                
                    <category><![CDATA[Phoenix DUI Lawyers ׀ Phoenix DUI Laws]]></category>
                
                    <category><![CDATA[phoenix DWI]]></category>
                
                    <category><![CDATA[Prescription Drug DUI]]></category>
                
                
                
                <description><![CDATA[<p>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&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p><strong>What Makes a Good Phoenix AZ Criminal Defense Lawyer the Best
</strong>
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.</p>



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</div></figure>



<p>
<strong>DUI Lawyers in Phoenix – What to Look for to Find the Best Criminal Defense Attorney
</strong>
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:</p>



<p>• The ability to correctly interpret the law and defenses;</p>



<p>• Can identify those which will serve their clients defense the most effectively, under the proper circumstances;</p>



<p>• 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;</p>



<p>• 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).</p>



<p>• 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.</p>



<p>
<strong>What You Can do to Find the Best DUI lawyer in Phoenix AZ
</strong>
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:</p>



<p>1) Read reviews from prior clients on the web, search engines, review sites and such;</p>



<p>2) Select two or three of your top picks, or more if you feel it necessary;</p>



<p>3) Contact at least two or three and meet with them by phone or in person;</p>



<p>4) Ask questions; Most DUI & Criminal defense attorneys in Phoenix AZ provide free consultations;</p>



<p>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.</p>



<p>
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.</p>



<p>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.</p>



<p>
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.</p>
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                <title><![CDATA[DUI Task Force police can legally stop you to conduct a DUI investigation simply based on the number of your vehicle in the line-up.]]></title>
                <link>https://www.arizonacriminaldefenselawyer.com/blog/mesa-dui-task-force-stops-mesa/</link>
                <guid isPermaLink="true">https://www.arizonacriminaldefenselawyer.com/blog/mesa-dui-task-force-stops-mesa/</guid>
                <dc:creator><![CDATA[The Law Office of James Novak Team]]></dc:creator>
                <pubDate>Tue, 24 Jan 2012 14:30:47 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                    <category><![CDATA[Aggravated DUI Law]]></category>
                
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                    <category><![CDATA[Arizona drunk driving]]></category>
                
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                    <category><![CDATA[extreme Mesa Arizona Dui]]></category>
                
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                    <category><![CDATA[Mesa AZ DUI Laws]]></category>
                
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                <description><![CDATA[<p>“You have the right to defend your Mesa DUI charges, no matter what events led to the arrest. But you chances of actually getting the DUI charges dismissed increase drastically if you are being defended by a good Mesa DUI lawyer.” Mesa AZ DUI Charges If you were arrested by a Mesa DUI Task Force&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>“You have the right to defend your Mesa DUI charges, no matter what events led to the arrest. But you chances of actually getting the DUI charges dismissed increase drastically if you are being defended by a good Mesa DUI lawyer.”</p>



<p>
<strong>Mesa AZ DUI Charges
</strong>If you were arrested by a Mesa DUI Task Force for DUI or Drunk Driving charges, charges, you should contact a Mesa criminal defense or DUI lawyer as soon as possible.  Arizona has some of the toughest DUI – DWI laws and penalties in the country.  Currently all DUI convictions can expose you to serving jail time, in addition to other harsh punishments.  Most experienced DUI Lawyers provide Free Consultations to those who need legal representation for their Mesa DUI or Criminal Charges, to discuss their case and options for defense.</p>



<figure class="wp-block-embed is-type-video is-provider-youtube wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio"><div class="wp-block-embed__wrapper">
<iframe loading="lazy" title="Mesa Arizona DUI Defense Lawyer" width="500" height="281" src="https://www.youtube-nocookie.com/embed/xofGv5bVGP4?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe>
</div></figure>



<p>
<strong>DUI Charges from a Mesa DUI
</strong>Mesa DUI Sobriety Checkpoints (also DUI Task Forces, DUI Safety checks or DUI roadblocks) are set up at pre-determined locations, decided by Mesa city and law enforcement agencies.  Generally they are set up around holidays or weekends where high volumes of traffic are expected.  Mesa AZ is one of a majority of cities that set up and conduct DUI Sobriety Checkpoints throughout the year. Arizona has adapted the DUI Sobriety Checkpoints guidelines outlined by the National Highway Traffic and Safety Administration (NHTSA).</p>



<p>
<strong>Difference between DUI Stop and Mesa DUI Stop
</strong>The main difference between a DUI stop and a DUI Task Force stop are the events that lead to the stop by police.    DUI task forces set up DUI road blocks in a particular location decided in advance and organized by Mesa City Officials and Law Enforcement Agencies. The primary purpose of them is to seek out and arrest persons driving drunk, or driving impaired due to alcohol or drugs. Which vehicles the police will stop at a are decided in advance. Under the NHTSA guidelines the determination must be made by means of a “mathematical formula”. For example, they may decide to stop every first, second, third, or fourth vehicle passing through the DUI roadblock.  This means the task force police can legally stop the vehicle for a DUI safety check simply because they fall within the pre-determined numbered vehicle.  They need no other reason stop or detain the driver of the vehicle.</p>



<p>
This is different from a stop where the police pull someone over while they are driving due to suspicion of DUI, DWI, or Drunk Driving.  In this case, the police must have “reasonable suspicion” that a violation of the law has occurred.  The US Supreme Court held that an officer must have “reasonable suspicion” that a criminal offense or traffic infraction has occurred in order to stop and detain a driver for investigation.
Generally there is no difference in penalties resulting for a DUI task force stop and a Mesa DUI  conviction where charges did not result from DUI task force stop.</p>



<p>
<strong>Mesa DUI Defense Lawyer
</strong>You have the right to defend your charges, no matter what the circumstances led to your DUI.  Your chances of getting your DUI dismissed increase drastically if you are represented by an experienced Mesa DUI Attorney.   Many factors must be evaluated when defending a DUI Charge. Many people feel overwhelmed by the criminal court system’s maze of procedures and protocol.  Providing a solid defense on your behalf requires being well versed on Arizona DUI laws and changes, and possessing a vast amount of DUI trial experience defending DUI charges.  Top DUI lawyers defend cases frequently throughout Maricopa County and are extremely familiar with the court systems, and procedures. They will guide you through the stages of your DUI case; conduct their own investigation of the facts; and events surrounding your DUI arrest.   They will tailor and build a DUI defense case on your behalf based on your unique set of circumstances, and present compelling arguments on your behalf.  The Best DUI lawyers in Mesa will make every effort to get your charges dismissed; reduced; or the otherwise best possible outcome in your case.</p>



<p><strong>If you “Like” this article please let us know! Feel Free to subscribe and “Share”!<br></strong>Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 <a href="http://www.Arizonacriminaldefenselawyer.com">www.Arizonacriminaldefenselawyer.com</a></p>



<p><a href="http://www.novakazlaw.com">www.novakazlaw.com</a></p>



<p><a href="http://www.arizonacriminaldefenseattorneyblog.com">www.arizonacriminaldefenseattorneyblog.com</a></p>



<p><a href="https://blog.arizonacriminaldefenselawyer.com">www.phoenixduilawyerblog.com</a></p>



<p>
Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm
Serving Tempe, Mesa, Chandler, Gilbert, Mesa, Phoenix & Scottsdale AZ
Free Consultation!  Call (480) 413-1499</p>
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                <title><![CDATA[An arrest warrant will remain outstanding indefinitely, until it is taken care of or an arrest is made. Find out the safest way to take care of an arrest warrant.]]></title>
                <link>https://www.arizonacriminaldefenselawyer.com/blog/gilbert-dui-lawyer-arrest-warr/</link>
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                <dc:creator><![CDATA[The Law Office of James Novak Team]]></dc:creator>
                <pubDate>Wed, 11 Jan 2012 15:06:19 GMT</pubDate>
                
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                <description><![CDATA[<p>What You Should Know about Outstanding Arrest Warrants in Gilbert“Get Your Gilbert Arrest Warrant ‘Quashed’ (cancelled) by Retaining a DUI or Criminal Attorney who Defends Charges in Gilbert AZ” Gilbert Arrest WarrantsDo not ignore an outstanding Gilbert AZ arrest warrant. It is a very serious matter. Whether you are at work, home, school, outside of&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p><strong>What You Should Know about Outstanding Arrest Warrants in Gilbert<br></strong>“Get Your Gilbert Arrest Warrant ‘Quashed’ (cancelled) by Retaining a DUI or Criminal Attorney who Defends Charges in Gilbert AZ”</p>



<p><strong>Gilbert Arrest Warrants<br></strong>Do not ignore an outstanding Gilbert AZ arrest warrant. It is a very serious matter. Whether you are at work, home, school, outside of Gilbert or even Arizona, it is a matter of “when” not if you will be arrested. Arrest Warrants put simply gives police the legal authority to detain and arrest you for a criminal, DUI, or other violations of the law that you are being accused of, and have not yet taken care of in the eyes of the police and court.</p>



<figure class="wp-block-embed is-type-video is-provider-youtube wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio"><div class="wp-block-embed__wrapper">
<iframe loading="lazy" title="Gilbert Arizona DUI Defense Lawyer" width="500" height="281" src="https://www.youtube-nocookie.com/embed/KIDgYp5VsqU?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe>
</div></figure>



<p>
<strong>Length of Time a Gilbert Arrest Warrant Remains Outstanding
</strong>Indefinitely. Arrest Warrants will stay outstanding until taken care of.  Arrest Warrants don’t just go away by themselves. Don’t bother trying to wait it out.  In Arizona there are no expiration dates on outstanding arrest warrants.  Some defendants are arrested decades later after being stopped for a minor traffic infraction. Sooner or Later, you will be arrested.  If you have a warrant it will remain outstanding until either the bond is posted or the judge decides to “quash” or cancel it. The judge may require a bond be posted before canceling the warrant. So it is best to be make arrangements in advance to post a bond for your court appearance.</p>



<p><strong>How to Find Out if you Have a Gilbert Arrest Warrant Outstanding<br></strong>There are a variety of ways to find out if you have an outstanding warrant for your arrest in Gilbert. But the fastest, safest, most reliable way is to consult a Gilbert criminal defense lawyer or Gilbert DUI lawyer. A Criminal defense Attorney who defends charges in Gilbert will conduct a thorough search via accessible legal resources. They will advise you of the most accurate, current information available. Upon Retention they can also guide you through the steps that will benefit your defense the best, as well as build an effective defense for the initial and current charges.</p>



<p><strong>Types of Arrest Warrants in Gilbert AZ<br></strong>There are two types of specific “arrest” warrants: • Police Arrest Warrants: These are arrest warrants issued by Police or Law Enforcement Agencies, in order to detain or arrest someone. An arrest warrant can be issued when police feel they have sufficient evidence to suspect a crime was or is being committed and that person was involved in the crime. Refer to A.R.S. Criminal Code Title 13 – Beginning with Article 7, 13-3881 • Bench Arrest Warrants: These are warrants issued by the Gilbert Court Judge. A bench warrant is issued when a defendant fails to appear for their scheduled court time and date for the initial criminal or DUI matter. There are a many reasons why a person may have failed to appear in court, some better than others. None the less, it is in your best interest to retain a Gilbert DUI lawyer or Gilbert criminal lawyer who can “tell your side of the story”. They will be able to present compelling arguments, through the proper legal channels in your defense regarding the initial charges and reason for outstanding arrest warrant if it was due to “failure to appear” Reference A.R.S. Criminal Code Title 13-2506 Failure to appear in the second degree; classification 13-2507 Failure to appear in the first degree; classification…”</p>



<p>
<strong>Defense Options for Outstanding Warrants for Arrest in Gilbert AZ
</strong>1) Pay the bond amount set by the judge. Once you pay the bon, the warrant will be quashed. You will then be given a new court date if the warrant is for failure to appear. If you miss your court date again, or cause further delays, the court will frown upon this with more severe penalties for both the initial DUI or criminal matter as well as the “failure to appear” charges. You must appear on the new scheduled court date if you have not hired a Gilbert Criminal Defense Lawyer. They have been able to negotiate alternative more favorable arrangements or can get the warrant quashed all together.</p>



<p>
2) Appear before the judge during a “Walk-in Docket”. Gilbert Court usually provides a daily time for defendants who need to make unscheduled court appearances. Unscheduled appearances are heard only at specified times available by the Gilbert AZ Court.  In the least you should consult a Gilbert AZ criminal attorney to discuss your matter and how to proceed before you appear at a “Walk-in Docket” unrepresented.</p>



<p>
3) This is the best way for you to handle an outstanding arrest warrant: Retain a private practice Gilbert criminal attorney or Gilbert DUI lawyer as soon as you can. Early retention is the key to a successful defense for any charges. It is at this point, your Defense Attorney will have the most leverage to tailor a defense strategy and exercise your defense options. Your Gilbert criminal lawyer will confirm the facts, and if retained, can file a Motion to quash your warrant. At that point they can also begin tailoring a solid defense strategy for your Gilbert Criminal or Gilbert DUI charges.</p>



<p><em>This blog 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. </em></p>



<p>
If you have an outstanding warrant for arrest in Arizona or 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 Tempe, Scottsdale, Mesa, Phoenix, Chandler, Tempe, Gilbert Arizona, East Valley, AZ and surrounding cities in Phoenix metro area.</p>
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                <title><![CDATA[Felony DUI: Three aggravating factors that raise a Misdemeanor DUI to Felony DUI charges.]]></title>
                <link>https://www.arizonacriminaldefenselawyer.com/blog/chandler-dui-lawyer-felony-dui/</link>
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                <dc:creator><![CDATA[The Law Office of James Novak Team]]></dc:creator>
                <pubDate>Thu, 17 Nov 2011 14:13:05 GMT</pubDate>
                
                    <category><![CDATA[Chandler AZ DUI]]></category>
                
                
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                <description><![CDATA[<p>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&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p><strong>AZ DUI Law, Felony DUI Penalties </strong></p>



<p>
“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.</p>



<p>
<strong>Felony DUI – Arizona Laws: </strong>
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”:</p>



<p>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</p>



<p>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</p>



<p>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</p>



<p><strong>DUI Penalties – Felony DUI Sentencing Guidelines in Arizona</strong></p>



<p>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:</p>



<p>• Jail Sentences that range from 1 day to 1 year;</p>



<p>• Incarceration in Prison from 4 months to 2 ½ years;</p>



<p>• Revocation of your drivers license for 3 years;</p>



<p>• Ignition Interlock Device (at your expense;)</p>



<p>• Fines of Up to $150,000 plus 80% surcharge;</p>



<p>• $1500 prison assessment;</p>



<p>• $250 abatement fees;</p>



<p>• Probation fees;</p>



<p>• Costs for Drug or Alcohol Treatment Screening;</p>



<p>• Costs for Drug or Alcohol Counseling or Treatment Program;</p>



<p>• Supervised probation;</p>



<p>• 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.</p>



<p>
<strong>Chandler DUI Lawyer – Felony DUI Defense Chandler AZ</strong></p>



<p>
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.</p>



<figure class="wp-block-embed is-type-video is-provider-youtube wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio"><div class="wp-block-embed__wrapper">
<iframe loading="lazy" title="Chandler Arizona DUI Defense Lawyer" width="500" height="281" src="https://www.youtube-nocookie.com/embed/O64bhzXLwtI?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe>
</div></figure>



<p>
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.</p>



<p><em>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 DUI laws and penalties frequently change.  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 of up to date information. </em></p>



<p>
If you have an outstanding warrant for arrest in Arizona or 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 Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert  Arizona, East Valley, AZ and surrounding cities in Phoenix metro area.</p>
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                <title><![CDATA[10 Tips on how to find the best DUI lawyers to defend your charges]]></title>
                <link>https://www.arizonacriminaldefenselawyer.com/blog/best-dui-lawyers-scottsdale-hi/</link>
                <guid isPermaLink="true">https://www.arizonacriminaldefenselawyer.com/blog/best-dui-lawyers-scottsdale-hi/</guid>
                <dc:creator><![CDATA[The Law Office of James Novak Team]]></dc:creator>
                <pubDate>Tue, 15 Nov 2011 13:26:18 GMT</pubDate>
                
                    <category><![CDATA[Scottsdale AZ DUI]]></category>
                
                
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                <description><![CDATA[<p>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&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p><strong>10 Tips to Finding the “Best” DUI Lawyers in Scottsdale – Proven Results!</strong></p>



<p>
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.</p>



<p>
<strong>Find High Rated DUI lawyers who Defend Scottsdale Charges at Affordable Prices  </strong></p>



<p>
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:</p>



<p>
<strong>10 Tips To Finding the Best DUI lawyer & Criminal Attorney for Scottsdale Charges</strong></p>



<p>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;</p>



<p>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;</p>



<p>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;</p>



<p>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;</p>



<p>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;</p>



<p>6) Look for Ratings an reviews on the web;</p>



<p>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;</p>



<p>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;</p>



<p>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.</p>



<p>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.</p>



<p>
<strong>If you found this post helpful and “Like” it, please let us know! Feel free to “Share”! </strong></p>



<p>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.</p>



<p>
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, Scottsdale AZ, Phoenix AZ, Chandler AZ, Gilbert AZ, East Valley, and surrounding cities within the Phoenix metro and Maricopa County Area.</p>
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                <title><![CDATA[Ways to find a good DUI and criminal defense attorney]]></title>
                <link>https://www.arizonacriminaldefenselawyer.com/blog/the-best-dui-lawyers-in-chandl/</link>
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                <dc:creator><![CDATA[The Law Office of James Novak Team]]></dc:creator>
                <pubDate>Mon, 31 Oct 2011 13:55:46 GMT</pubDate>
                
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                <description><![CDATA[<p>10 Tips to Finding the “Best” DUI Lawyers in Chandler AZ! Why You Need the Best Chandler Criminal Attorney to Defend your Criminal Charges Chandler AZ DUI or Criminal prosecutors, egregiously pursue convictions for DUI & Criminal charges in Chandler. Your chances of getting a DUI or criminal charge dismissed in Chandler AZ, increase dramatically&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p><strong>10 Tips to Finding the “Best” DUI Lawyers in Chandler AZ!  </strong></p>



<p>
<strong>Why You Need the Best Chandler Criminal Attorney to Defend your Criminal Charges</strong>
Chandler AZ DUI or Criminal prosecutors, egregiously pursue convictions for DUI & Criminal charges in Chandler.  Your chances of getting a DUI or criminal charge dismissed in Chandler AZ, increase dramatically with the retention of a DUI or criminal lawyer in Chandler to represent you.  It’s a fact that the effectiveness of your criminal defense lawyer can mean the difference between losing your freedom, and getting your charges dropped.  It is very rare, if ever, that a person facing Chandler DUI or criminal charges get them dismissed, without retention of an experienced private practice DUI attorney who defends charges in Chandler, AZ.  The cost of your freedom and future are much too high to ignore this fact.</p>



<p>
<strong>10 Tips To Finding the Best DUI lawyer & Criminal Attorney for Chandler AZ Charges</strong></p>



<p>1) Narrow your search by location: Decide how far you are willing to travel to retain a good DUI or Criminal Defense Attorney;</p>



<p>2) If you are not in a position to commute to a criminal defense law firm, but you wish to hire that attorney, they will usually help you make other arrangements. For example, if the client is in jail, the attorney would simply meet travel to where they are to meet with them. A few DUI or criminal attorneys in Chandler AZ charge separately for a jail or prison visit. But if retained, most Maricopa County criminal defense attorneys include it as part of the pre-trial service fees and do not charge extra for the jail visit;</p>



<p>3) You can call The Arizona State Bar, to verify they are licensed as an “Attorneys” in Criminal Defense which encompasses DUI defense. Make sure they are licensed to practice in Arizona and within Maricopa County;</p>



<p>4) Attorneys in other practice areas you know can prove to be good referrals. Ask them who they would hire or recommend. Many lawyers travel in the same circles for seminars, continuing legal education, or other law forums;</p>



<p>5) The best source of referral is from friend, family, or other person with whom you trust; But you should use caution and refrain from discussing details surrounding your charges. You may inadvertently harm your defense and your statements to them may later be used against you. That person may later be subpoenaed or called upon to testify against you. Also, if you call them from the jail or prison, remember that all calls from detainees and inmates are recorded and can also be used against you by the prosecution</p>



<p>6) Reviews from prior clients: There are many places to find reviews including websites, search engines, directories, and many other sources on the internet;</p>



<p>7) By now you should have narrowed your search down to a few choices; Consult at least two or three; discuss your charges and defense options. Most AZ DUI & criminal defense lawyers who defend charges in Chandler AZ usually provide free consultations; If they charge for this service, it is this author’s opinion that you politely say “no-thank-you” and move on to your next choice;</p>



<p>8) Avoid asking “if they can get your case dismissed”. They have not been in contact 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, head for the exit or move on to the next call. They are simply giving you false hopes. You what a trustworthy and ethical lawyer who will respect you with truthful and realistic responses;</p>



<p>9) Ask them about their education, trial experience, credentials, training and anything else that will make you feel you have found the best attorney for the job.</p>



<p>
10)	Consider costs and fees; but don’t make the cost the only or most important factor in your decision; you’re not searching for the cheapest gallon of gas in town. There is a lot more at stake to consider, and you need to look at service to value.  There is nothing a busy attorney dislikes more than someone “calling around” for price checks as though the attorney was selling widgets;   Price is not necessarily an indicator of the attorney’s  experience, qualifications, or level of service they provide.  But if the quote does not sound reasonable to you then move on.  On the other hand, if it sounds too good to be true it probably is.</p>



<p>
If you use these tips, they will most likely lead you to the best DUI or Criminal Defense lawyer to defend your Chandler DUI or criminal charges.</p>



<p>
If you found this post helpful and “Like” it, please let us know! Feel free to “Share”!</p>



<p>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, Chandler AZ, Chandler AZ AZ, Phoenix AZ, Chandler AZ, Gilbert AZ, East Valley, and surrounding cities within the Phoenix metro and Maricopa County Area.</p>
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                <title><![CDATA[5 Things Prosecutors Don’t Want You to Know about your criminal rights and charges!]]></title>
                <link>https://www.arizonacriminaldefenselawyer.com/blog/5-things-prosecutors-dont-want/</link>
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                <dc:creator><![CDATA[The Law Office of James Novak Team]]></dc:creator>
                <pubDate>Thu, 27 Oct 2011 14:24:12 GMT</pubDate>
                
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                <description><![CDATA[<p>Phoenix Criminal Attorney | DUI DWI Criminal Defense Lawyers Why You Should Exercise Your Right to ‘Remain Silent” following an Arrest for Phoenix DUI or Criminal Charges 1) You do not want to “convict” yourself by verbally accepting guilt of a crime. Do not assume that because you were arrested for a crime, you will&hellip;</p>
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<p><strong>Phoenix Criminal Attorney | DUI DWI Criminal Defense Lawyers   </strong></p>



<p>Why You Should Exercise Your Right to ‘Remain Silent” following an Arrest for Phoenix DUI or Criminal Charges</p>



<p>1) You do not want to “convict” yourself by verbally accepting guilt of a crime. Do not assume that because you were arrested for a crime, you will be found guilty. An arrest is not a conviction. Any DUI, DWI, Drunk Driving or criminal charges can be challenged by a qualified private practice criminal defense lawyer. There may be defenses, that you are not aware of, that if used, can lead to a dismissal of your charges. But the police or prosecution will not provide you with this information even if they are aware of it. The prosecutor’s job is to convict you not to defend you or give you any reason to challenge your criminal charges. There are far more arrests in Phoenix than convictions. Often criminal charges get dismissed with good legal representation by a proven criminal lawyer who defends criminal charges in Phoenix AZ on a regular basis.</p>



<p>
2)  Following a Phoenix arrest for DUI DWI, or other criminal charges, you can count on the police to continue to “take notes” what you say and do.  Your words and actions will be documents. They can and will be used against you by the Arizona Prosecution. In most cases, defendants do not realize that what they are saying or doing will incriminate them further and harm their defense. If you find yourself being questioned or interrogated, you must let police know verbally that you wish to exercise your right to remain silent, and to have an attorney present during any questioning related to the charges.  Note: If remain silent without verbally acknowledging that you wish to exercise your right to remain silent, then you will appear uncooperative to the court which will further harm your defense case.</p>



<p>
3)  If you allow yourself to be questioned or interrogated by police regarding your guilt or innocence of the Phoenix DUI DWI or Criminal Charges following your arrest, after being read your Miranda Rights, you voluntarily waive your rights. (“right to an attorney” and “right to remain silent”).  Admitting to a crime is one of the fastest ways to get a conviction. The penalties for Phoenix drunk driving, DUI DWI, or many other criminal charges in Arizona are severe.  When you are later sentenced and learn the severity of the punishment, you can’t turn back.  You can not reclaim your right to remain silent later, if you were properly read your Miranda Warning.</p>



<p>
4)  Until your Phoenix criminal or DUI case has run its course through the criminal justice system, the prosecution will egregiously look for inconsistencies or statements in “your story”.  You may be surprised to find out that the inconsistent statement does not have to be material to the criminal charge itself.  Regardless of the subject matter of the statement, or what forum the statement was made, if it is different, it will harm your defense credibility. Without a doubt, he prosecution can make strengthen their case by accusing you of “changing your story”, and make an issue of your credibility or trustworthiness in the eyes of the court, judge or jury.</p>



<p>
5)	Admitting to guilt of a crime will generally only makes things worse for you. You will just be convicted swiftly and sentenced by the judge to penalties under Arizona law for that crime.  Some defendants think that if they admit to committing a crime or drunk driving in Arizona, that their punishments or sentencing will somehow be reduced.  That is not the case. In Arizona, mandatory sentencing guidelines exist for DUI DWI and most criminal charges. You will face the same penalties in most cases for the DUI or crime than a defendant to plead “not guilty” and was later convicted of the criminal charge.</p>



<p>Arizona State Law issues and topics. Note that Arizona legislation, laws, criminal code and DUI laws and penalties frequently change. 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 of up to date information.</p>



<p>
If you have an outstanding warrant for arrest in Arizona or 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 Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert  Arizona, East Valley, AZ and surrounding cities in Phoenix metro area.</p>
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                <title><![CDATA[Misdemeanor DUI charges:  Why you will need good legal representation to defend the charges.]]></title>
                <link>https://www.arizonacriminaldefenselawyer.com/blog/phoenix-dui-lawyer-az-misdemea/</link>
                <guid isPermaLink="true">https://www.arizonacriminaldefenselawyer.com/blog/phoenix-dui-lawyer-az-misdemea/</guid>
                <dc:creator><![CDATA[The Law Office of James Novak Team]]></dc:creator>
                <pubDate>Mon, 17 Oct 2011 14:55:21 GMT</pubDate>
                
                    <category><![CDATA[Phoenix AZ DUI]]></category>
                
                
                    <category><![CDATA[Arizona DUI Attorney]]></category>
                
                    <category><![CDATA[AZ DUI Laws]]></category>
                
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                    <category><![CDATA[phoenix drunk driving]]></category>
                
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                    <category><![CDATA[Phoenix DUI Lawyer | AZ Misdemeanor DUI DWI Defense]]></category>
                
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                <description><![CDATA[<p>An AZ DUI with no aggravating factors is a Class 1 Misdemeanor; but don’t let anyone mislead you into thinking that a “Misdemeanor DUI” in Arizona is not serious. AZ penalties for Misdemeanor DUI are more serious than penalties for a felony in many states. Do not plead guilty of any Arizona DUI charge, before&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>An AZ DUI with no aggravating factors is a Class 1 Misdemeanor; but don’t let anyone mislead you into thinking that a “Misdemeanor DUI” in Arizona is not serious. AZ penalties for Misdemeanor DUI are more serious than penalties for a felony in many states.  Do not plead guilty of any Arizona DUI charge, before consulting an experienced Phoenix DUI Attorney.</p>



<p>
Misdemeanor DUI charges may be lenient in some states, but Arizona is not one of them. Phoenix DUI charges are very serious and you will be subject to mandatory punishments in place under Arizona State Law. Even a first time Phoenix Misdemeanor DUI can subject you to mandatory jail; hefty fines; fees, and court costs; loss or suspension of your driver license; ignition interlock device on your vehicle and more.</p>



<p>
<strong>Arizona Misdemeanor DUI Laws: </strong>
Generally an Arizona DUI with no “aggravating factors” is a Class 1 Misdemeanor as cited in part under A.R.S. 28-1381.   The majority of DUI DWI charges in Arizona are classified as Misdemeanors.    A Phoenix “Misdemeanor DUI DWI charge” will be raised to a “Felony DUI” only when certain “aggravating” factors exist. To read more about the specific factors that will elevate a Misdemeanor DUI DWI to a Felony DUI DWI visit www.arizonacriminaldefenselawyer.com/lawyer-attorney-1629205.html.</p>



<p>
A Misdemeanor DUI in Arizona can be charged if a person is operating a motor vehicle while under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substance and:</p>



<p>
1.	The driver of the vehicle in Arizona is impaired to the slightest degree (A.R.S. §28-1381(A) (1) or “impaired to the slightest degree”; and/or…</p>



<p>
2.	The driver of a vehicle in Arizona if the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol were consumed before or while driving or being in actual physical control of the vehicle. (A.R.S. §28-1381(A) (2)) or “DUI”.</p>



<p>
If the police have evidence that a driver is “impaired to the slightest degree” and had Blood Alcohol Content (BAC) lever of 0.08% or greater within two hours of driving or being in “actual physical control” of a vehicle, they will usually charge the driver with not only one, but two DUI charges in that one stop.</p>



<p><strong>ARIZONA MISDEMEANOR DUI</strong>: It is illegal to DRIVE or be in ACTUAL PHYSICAL CONTROL of a motor vehicle in Arizona under the following circumstances:</p>



<p>• <strong>PER SE DUI</strong> – Adult “Impaired to the Slightest Degree” by Alcohol</p>



<p>• <strong>DUI Minor</strong> – Minor with or without impairment, “Zero Tolerance” for person under 21 years of age. BAC level of 0.08 is not required.</p>



<p>• <strong>CDL DU</strong>I – Blood Alcohol BAC 0.04% or greater for adult Commercial Driver</p>



<p>• <strong>DUI</strong> – Blood Alcohol Content BAC 0.08% or greater for adult Driver within two hours of driving</p>



<p>• <strong>Extreme DUI</strong> – Blood Alcohol Content BAC 0.15% or greater adult within 2 hours of driving</p>



<p>• <strong>Super Extreme DUI</strong> – BAC 0.20% or greater adult – within 2 hours of driving</p>



<p>• <strong>Drug DUI</strong> – Impaired by any Drug whether lawfully prescribed drugs, over-the-counter drugs, legal or illegal drugs, dangerous or drugs not classified as dangerous.</p>



<p>
Note: The Arizona DUI charges listed above are all considered to be separate and distinct charges.  So a driver stopped under suspicion of DUI can actually be charged with one or more of these charges in one stop. The number of violations you may be charged with during one DUI stop is determined by the police DUI investigation, and DUI test results such as DUI breath test, DUI blood tests, or other chemical testing.</p>



<p><strong>Misdemeanor DUI Defense – Arizona DUI – DWI Lawyers</strong></p>



<p>Arizona misdemeanor DUI charges are heard in Arizona justice, city or municipal courts. Be sure that you are being defended by a private practice Phoenix or Arizona DUI lawyer with trial and defense experience; and one who is very familiar with the protocol, procedures and laws, judges and prosecutors in he court in the county, city or jurisdiction in Arizona for which you are required to appear for your court date. This will provide you with a definite advantage in your defense and increase your chances of a successful outcome. A good Arizona DUI attorney will tailor and build a defense case based on the facts of your DUI charges. They will know how to build a winning defense strategy in an effort to get your charges dismissed, reduced or the otherwise best outcome in your case.</p>



<p>If you have 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 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 Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert Arizona, East Valley, AZ and surrounding cities within the Phoenix metro and Maricopa County Areas. <em>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 DUI laws and penalties frequently change.  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 of up to date information.</em></p>
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                <title><![CDATA[DUI charges are Criminal Offenses, as opposed to a Civil Citation:  Why yu need a criminal defense attorney to defend your DUI – Q & A]]></title>
                <link>https://www.arizonacriminaldefenselawyer.com/blog/mesa-criminal-lawyer-az-dui-de/</link>
                <guid isPermaLink="true">https://www.arizonacriminaldefenselawyer.com/blog/mesa-criminal-lawyer-az-dui-de/</guid>
                <dc:creator><![CDATA[The Law Office of James Novak Team]]></dc:creator>
                <pubDate>Thu, 29 Sep 2011 11:14:00 GMT</pubDate>
                
                    <category><![CDATA[Mesa AZ DUI]]></category>
                
                
                    <category><![CDATA[Arizona DUI Attorney]]></category>
                
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                <description><![CDATA[<p>Q and A What You Need to Know About Mesa Charges and Criminal Defense for DUI DWI or Drunk Driving Charges in Mesa AZ Q. Do I need a DUI lawyer for my Mesa DUI? A. Yes. Whether your DUI is a felony or misdemeanor, you should consult an Arizona Criminal Defense or DUI lawyer&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p><strong>Q and A</strong></p>



<p>What You Need to Know About Mesa Charges and Criminal Defense for DUI DWI or Drunk Driving Charges in Mesa AZ</p>



<p><strong>Q. Do I need a DUI lawyer for my Mesa DUI? </strong></p>



<p><strong>A. Yes</strong>. Whether your DUI is a felony or misdemeanor, you should consult an Arizona Criminal Defense or DUI lawyer who defends cases in Mesa AZ as soon as possible. Mesa DUI laws are governed by Arizona State Laws and criminal code. Arizona has some of the toughest laws for DUI in the country. *Most types of DUI charges require jail or prison, and suspension or revocation of your driver’s license, as part of the DUI penalties if convicted. In many cases extremely severe penalties are not deserved. This is true especially in the case of a first time Misdemeanor DUI, non-extreme DUI. Many Arizonans argue that jail is too harsh, unjustified, and costly for the State. A DUI lawyer or Criminal Defense attorney in Arizona understands and is familiar with constantly changing criminal and DUI laws, and current case law that may apply to your case and be able to be used in your favor. They will use the laws to protect you and your constitutional rights, and make every effort to get your Mesa DUI charges dismissed, reduced, or otherwise the best possible outcome in your case.</p>



<p><strong>Q.  Can I go to my DUI Court without an AZ DUI Lawyer?</strong></p>



<p><strong>A. Yes</strong>. But understand that you will be held to the same standards as any DUI defense attorney would with regard to knowing the deadlines, court standards, protocol, and laws. You will not get any leniency by the court, judge or prosecutor if you are not represented by a DUI DWI lawyer for your Mesa DUI. Mesa AZ DUI defendants feel the criminal justice system and courts are a vast and complex and set up more to convict you than defend you. That is true in many aspects. The Arizona prosecutor has a responsibility convict you of a DUI and impose the most severe penalties possible.</p>



<p>
A DUI and Criminal Defense attorney in who defends DUI charges in Mesa AZ on a regular basis will be familiar with the court systems, judges, prosecution, standards, procedures and protocol. Bottom line, these factors will all work to the advantage of your defense.</p>



<p><strong>Q.  Will the court judge be more harsh on me, if I hire an attorney defend my Mesa DUI?</strong></p>



<p><strong>A.  No.</strong> Defendants are many times surprised to find quite the contrary. The Judges prefer a client to have legal representation or an effective defense attorney to avoid any confusion or misunderstandings regarding the laws, processes and sentencing; and will provide them legal guidance verses having no legal guidance regarding protocol and being accused of an Arizona DUI. The judge can then assume you will you understand fully the ramification of the DUI charges, your plea, the verdict, and consequences resulting from the Arizona criminal justice process. </p>



<p><strong>Q.  Will the Arizona Prosecutor treat me differently if I hire a private practice DUI lawyer to defend me for my Mesa DUI charges?</strong></p>



<p><strong>A.   The AZ prosecution will generally not mistreat you. However, what they don’t want you to know is that it is a “game changer” for them</strong>. When a defendant is not represented by a criminal defense attorney, they know they will be able to get a swift and harsh conviction. They know ways that you may not be aware of, that they can cause you to incriminate yourself or harm your own case. In most situations, have the advantage over you in absence of your having effective assistance of legal counsel. They will likely be more familiar with the AZ laws, courts system, and of having built a case of evidence against you. They know that without an effective DUI defense attorney, it will be difficult for you to challenge that evidence or protect yourself. It makes their job much easier to convict you if you do not have a criminal defense attorney representing you.</p>



<p>
<em>*All Arizona Laws are subject to change.  You should contact an Arizona DUI lawyer in the jurisdiction or city where you received DUI or criminal charges for current laws, and information relating to your specific DUI or criminal matter. </em></p>



<p>If you have an outstanding arrest warrant, or 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 Defense Attorney and James Novak (Former Prosecutor).</p>



<p>
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.
<em>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 DUI laws and penalties frequently change.  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 of up to date information</em></p>
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                <title><![CDATA[DUI laws differ by state. Arizona has some of the toughest laws and penalties in the county. Find out about Arizona DUI laws and penalties, before you drink and drive.]]></title>
                <link>https://www.arizonacriminaldefenselawyer.com/blog/phoenix-dui-lawyers-phoenix-du/</link>
                <guid isPermaLink="true">https://www.arizonacriminaldefenselawyer.com/blog/phoenix-dui-lawyers-phoenix-du/</guid>
                <dc:creator><![CDATA[The Law Office of James Novak Team]]></dc:creator>
                <pubDate>Thu, 08 Sep 2011 13:42:25 GMT</pubDate>
                
                    <category><![CDATA[Phoenix AZ DUI]]></category>
                
                
                    <category><![CDATA[Arizona DUI Attorney]]></category>
                
                    <category><![CDATA[AZ DUI Laws]]></category>
                
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                    <category><![CDATA[phoenix drunk driving]]></category>
                
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                <description><![CDATA[<p>How AZ DUI Laws will affect your Phoenix DUI DUI charges in Phoenix, AZ are serious and described as some of the harshest in the country. You should consult an experienced AZ DUI Lawyer or Arizona criminal defense attorney who defends cases frequently in Phoenix Court as soon as possible It makes no difference if&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p><strong>How AZ DUI Laws will affect your Phoenix DUI</strong></p>



<p>
DUI charges in Phoenix, AZ are serious and described as some of the harshest in the country.  You should consult an experienced AZ DUI Lawyer or Arizona criminal defense attorney who defends cases frequently in Phoenix Court as soon as possible
It makes no difference if your charges were for Tempe DUI, Phoenix DUI, Gilbert DUI, Mesa DUI, Scottsdale DUI, Chandler DUI, or Maricopa County, or any city in Arizona, the DUI laws, classifications, and penalties fall under the rule and jurisdiction
of the laws of the State of Arizona.</p>



<p>
In Arizona it is unlawful operate a motor vehicle of any kind while driving  under the influence of intoxicating or impairing drug, vapor releasing substances containing a toxic chemical or any combination of alcohol, drugs and or vapor releasing substances if the person is “impaired to the slightest degree” (A.R.S. §28-1381(A)(1).  This includes driving a vehicle if the person has an alcohol concentration level 0.08 or greater, more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle. (A.R.S. §28-1381(A) (2))</p>



<p>
It is unlawful in Phoenix Arizona for a anyone to drive or be in actual physical control of a motor vehicle if the that person alcohol concentration of the following: Within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle: 0.15 or more but less than 0.20. (A.R.S. §28-1382(A)(1) or “Extreme DUI” and within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle: 0.20 or more. (A.R.S. §28-1382(A) (2)) or “Super Extreme DUI”.   The higher the Blood Alcohol Content (BAC), the harsher the sentencing and penalties.</p>



<p>
The consequences and penalties for Phoenix DUI are serious. Penalties range from minimal of 30 days in jail to extended prison sentencing, along with other penalties, fines, and fees. The Phoenix Court must abide by the minimum and maximum sentencing of the State. However, the Phoenix Judge may have some minor discretion over giving out further penalties if they believe they are necessary, reasonable and appropriate.</p>



<p>
You should consult an experienced private practice AZ DUI Attorney or AZ criminal defense attorney who defends DUI charges Phoenix Courts frequently. They will be your voice and barrier between you and the prosecution, to make sure your rights are protected; you do not incriminate yourself further; and will utilize all defenses available based on your DUI circumstances to get your case dismissed, charges reduced, evidence
If you have been arrested for any Phoenix, AZ  DUI other criminal charge 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).</p>



<p>
The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix and Maricopa County valley-wide.</p>



<p><em>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 circumstance.</em></p>
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                <title><![CDATA[Lawyers for Defense of Drunk Driving: When you hire an attorney to defend your Dui charges, it is more difficult for the Prosecution to convict you. Find out why.]]></title>
                <link>https://www.arizonacriminaldefenselawyer.com/blog/scottsdale-dui-lawyer-az-dui-d-1/</link>
                <guid isPermaLink="true">https://www.arizonacriminaldefenselawyer.com/blog/scottsdale-dui-lawyer-az-dui-d-1/</guid>
                <dc:creator><![CDATA[The Law Office of James Novak Team]]></dc:creator>
                <pubDate>Thu, 11 Aug 2011 13:45:00 GMT</pubDate>
                
                    <category><![CDATA[Scottsdale AZ DUI]]></category>
                
                
                    <category><![CDATA[Arizona DUI Attorney]]></category>
                
                    <category><![CDATA[AZ DUI Laws]]></category>
                
                    <category><![CDATA[AZ DWi Laws]]></category>
                
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                    <category><![CDATA[scottsdale DWI]]></category>
                
                
                
                <description><![CDATA[<p>What Scottsdale Prosecutors for DUI DWI and Drunk Driving Charges Don’t Want You to Know! Hiring an experienced DUI Lawyer who defends drunk driving charges in Scottsdale AZ makes it more difficult for the Arizona Prosecution to get a guilty verdict or convict you. It sends the following clear messages to the prosecution that they&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p><strong>What Scottsdale Prosecutors for DUI DWI and Drunk Driving Charges Don’t Want You to Know! </strong></p>



<p>
Hiring an experienced DUI Lawyer who defends drunk driving charges in Scottsdale AZ makes it more difficult for the Arizona Prosecution to get a guilty verdict or convict you. It sends the following clear messages to the prosecution that they would prefer you know:</p>



<p>• That you have taken the Scottsdale DUI charges seriously;</p>



<p>• That you intend to defend yourself against the charges by means of the effective assistance of legal counsel, and experienced Scottsdale Lawyer;</p>



<p>• That to prosecute and convict you will require much time and labor on their part – which is not good news for them. This is due to their heavy caseloads and often reduced staff as a result of necessary state and county budget cuts;</p>



<p>• That there will be no conviction without a challenge of the evidence and charges by your Scottsdale DWI DUI defense attorney. This is in contrast to the swift convictions and harsh sentences the prosecution usually accomplishes when a defendant is not represented by a effective private DUI defense lawyer.</p>



<p>• That the state and prosecution’s evidence and charges against you will be vigorously challenged; • That your Scottsdale DUI attorney will not allow your rights to be violated;</p>



<p>• That your Scottsdale DUI lawyer may utilize defense strategies that apply to your case that the prosecution did or did not expect; and that the prosecution will need to try to overcome these defenses when they otherwise would not have existed in absence of a good Scottsdale DUI defense lawyer;</p>



<p>• That the defense strategy that will be utilized has the potential to lead to a dismissal or significant reduction of your charges and penalties.</p>



<p>• That your Scottsdale criminal defense lawyer will object to any self-incrimination traps in order to harm the defense;</p>



<p>• That an independent investigation will be completed by the defendant’s Scottsdale DUI lawyer. And all evidence will be examined for weaknesses or flaws and that if unjustified or flawed, your defense attorney will present compelling arguments and motions to the court to request that the flawed evidence not be admitted for use against you.</p>



<p>• That your DUI DWI defense lawyer will promptly challenge evidence obtained by violating your constitutional rights including those related to search and seizure, or any other violation of your fundamental or civil rights.</p>



<p>• That your Scottsdale DUI DWI defense Attorney will promptly challenge the reason for the initial drunk driving stop if it was made without “reasonable suspicion” that the defendant was drunk driving, in the process of committing a crime, or that a crime occurred and the defendant was involved or committed the crime; • That your Scottsdale DUI DWI defense Attorney will promptly challenge the arrest if it was made without “probable cause”;</p>



<p>• That your DUI defense attorney will seek and produce if available, exculpatory evidence (in favor of your defense);</p>



<p>• That your Scottsdale DUI attorney will make every effort to expose flaws and weaknesses in the prosecution’s evidence and case to defend you that may ultimately lead to a dismissal or reduction in charges; and further, that when a DUI DWI defendant is not represented by a good criminal defense attorney, the Prosecutor would never have brought these weaknesses or flaws to the attention of the court, even if they were well aware of their existence of those flaws in their efforts to convict you. Their job is to convict you not defend you.</p>



<p>• That Your DUI attorney is doing what you needs to be done protect and defend your rights, future and freedom;</p>



<p>• That your DUI defense attorney will make every effort to get your DUI charges dismissed, reduced or otherwise best possible outcome with the least penalties, in your case.</p>



<p>
*Arizona Laws are subject to change.  You should contact an Arizona DUI lawyer for current information concerning DUI or criminal matters.</p>



<p>If you have 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 Defense Attorney and James Novak (Former Prosecutor).</p>



<p>
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.
<em>
Disclaimer: 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 DUI laws and penalties frequently change.  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 of up to date information</em></p>
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                <title><![CDATA[Find out what “Aggravated Factors” elevate a Misdemeanor DUI to a Felony]]></title>
                <link>https://www.arizonacriminaldefenselawyer.com/blog/mesa-dui-lawyer-felony-dui-mes/</link>
                <guid isPermaLink="true">https://www.arizonacriminaldefenselawyer.com/blog/mesa-dui-lawyer-felony-dui-mes/</guid>
                <dc:creator><![CDATA[The Law Office of James Novak Team]]></dc:creator>
                <pubDate>Thu, 28 Jul 2011 13:46:03 GMT</pubDate>
                
                    <category><![CDATA[Mesa AZ DUI]]></category>
                
                
                    <category><![CDATA[Arizona DUI Attorney]]></category>
                
                    <category><![CDATA[AZ DUI Laws]]></category>
                
                    <category><![CDATA[AZ DWi Laws]]></category>
                
                    <category><![CDATA[DUI With Medication]]></category>
                
                    <category><![CDATA[mesa drunk driving]]></category>
                
                    <category><![CDATA[mesa dui]]></category>
                
                    <category><![CDATA[mesa DUI attorney]]></category>
                
                    <category><![CDATA[mesa DUI lawyer]]></category>
                
                    <category><![CDATA[mesa DWI]]></category>
                
                    <category><![CDATA[mesa extreme dui]]></category>
                
                    <category><![CDATA[Prescription Drug DUI]]></category>
                
                
                
                <description><![CDATA[<p>Felony DUI Penalties, AZ DUI Laws Overview “In dollars and “sense” the cost of retaining a good Mesa DUI defense lawyer, is far less a price, than fines, fees, costs, and your freedom, if convicted of a Mesa felony DUI.” If you were charged with felony DUI in Mesa, AZ you should consult a Mesa&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p><strong> Felony DUI Penalties, AZ DUI Laws Overview</strong></p>



<p>“In dollars and “sense” the cost of retaining a good Mesa DUI defense lawyer, is far less a price, than fines, fees, costs, and your freedom, if convicted of a Mesa felony DUI.” If you were charged with felony DUI in Mesa, AZ you should consult a Mesa DUI lawyer as soon as possible to discuss your case and defense options. A felony DUI conviction in Mesa exposes you to severe penalties. You will need a strong Mesa Felony DUI attorney to defend your Felony DUI charges.</p>



<p><strong>Felony DUI –  Arizona Laws: </strong> There are three factors that will aggravate a Mesa Misdemeanor DUI resulting in escalation of the Misdemeanor DUI to a Felony DUI. “Felony DUI” charges are also known as “Aggravated DUI charges”:</p>



<p>1) A.R.S. §28-1383(A) (1): (Paraphrased) You were arrested for DUI while you were driving on a suspended, restricted or revoked drivers license – Class 3 Felony</p>



<p>2) A.R.S. §28-1383(A) (2): (Paraphrased) The new Mesa DUI charge is your third DUI in 7 years. At least two of the prior DUI charges resulted in convictions within the last 7 years. – Class 3 felony</p>



<p>3) A.R.S. §28-1383(A) (3): (Paraphrased) You were charged with driving impaired, DUI, DWI, or Drunk Driving, with a child under 15 years of age was a passenger in the vehicle you were driving – Class 6 Felony</p>



<p><strong>DUI Penalties – Felony DUI Sentencing in Arizona</strong></p>



<p>A Felony DUI conviction for Mesa 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:</p>



<p>• Jail Sentencing ranging from one day to one year;</p>



<p>• Prison time from 4 months to 2 ½ years;</p>



<p>• Revocation of your drivers license for 3 years;</p>



<p>• Ignition Interlock Device at your expense;</p>



<p>• Fines of Up to $150,000 plus 80% surcharge;</p>



<p>• $1500 prison assessment;</p>



<p>• $250 abatement fees;</p>



<p>• Probation fees;</p>



<p>• Costs for Drug or Alcohol Treatment Screening;</p>



<p>• Costs for Drug or Alcohol Counseling or Treatment Program;</p>



<p>• Supervised probation;</p>



<p>• Felony criminal record (The above penalties are subject to change based on circumstances surrounding your Felony DUI charges and frequent changes to Arizona Law).</p>



<p>
Felony DUI Penalties for a Mesa DUI conviction may be “aggravated” or
“mitigated”.  Aggravated penalties are factors that surround your Mesa DUI that support the prosecution and warrant more serious DUI penalties. Mitigating factors are circumstances or evidence that supports your DUI defense and warrant less serious penalties, particularly, those that are discretionary by the judge.</p>



<p><strong>Mesa DUI Lawyer – Felony DUI Defense Mesa AZ</strong></p>



<p>The judge will not offer you leniency, out of compassion or the fact that you do not have good legal representation by a Mesa DUI attorney. Without compelling arguments presented or motions filed by your DUI Defense Lawyer, the judge or prosecution will not generally offer mitigated sentencing. Good DUI defense lawyers will examine the evidence and facts of your case to find those mitigating factors that may lead to more lenient penalties if you are convicted of a felony DUI charge.</p>



<p>
The felony DUI penalties are so severe, that often defendants feel that the situation is hopeless, and they do not feel even a DUI Attorney can help them. However, Felony DUI charges are often dismissed completely, or in part, by good Mesa DUI defense attorneys.  A qualified Mesa DUI lawyer or AZ criminal defense lawyer can defend any Mesa Felony DUI charge regardless of the severity or classification. Good Mesa DUI lawyers often are able to get evidence dismissed; charges reduced to a Misdemeanor DUI, civil citation, or ultimately get the felony DUI charges dismissed completely.</p>



<p>
Early retention of a good private practice Mesa DUI attorney will drastically increase your chances of a dismissal or other good outcome in your Felony DUI case.  However, choosing to go without a qualified Mesa DUI defense attorney is a dangerous path towards a swift Felony DUI conviction in Arizona.</p>



<p><em>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 DUI laws and penalties frequently change.  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 of up to date information. </em></p>



<p>
If you have an outstanding warrant for arrest in Arizona or 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).</p>



<p>
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 in Phoenix metro area.</p>
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                <title><![CDATA[Aggravated DUI Penalties: Felony DUI penalties include prison terms, and revocation of driver’s license for 3 years. Find out to effectively defend your charges, and protect your rights.]]></title>
                <link>https://www.arizonacriminaldefenselawyer.com/blog/scottsdale-dui-lawyer-felony-d/</link>
                <guid isPermaLink="true">https://www.arizonacriminaldefenselawyer.com/blog/scottsdale-dui-lawyer-felony-d/</guid>
                <dc:creator><![CDATA[The Law Office of James Novak Team]]></dc:creator>
                <pubDate>Fri, 22 Jul 2011 13:35:59 GMT</pubDate>
                
                    <category><![CDATA[Scottsdale AZ DUI]]></category>
                
                
                    <category><![CDATA[Arizona DUI Attorney]]></category>
                
                    <category><![CDATA[AZ DUI Laws]]></category>
                
                    <category><![CDATA[AZ DWi Laws]]></category>
                
                    <category><![CDATA[DUI With Medication]]></category>
                
                    <category><![CDATA[Prescription Drug DUI]]></category>
                
                    <category><![CDATA[scottsdale drunk driving]]></category>
                
                    <category><![CDATA[scottsdale DUI]]></category>
                
                    <category><![CDATA[scottsdale DUI attorney]]></category>
                
                    <category><![CDATA[scottsdale DUI lawyer]]></category>
                
                    <category><![CDATA[scottsdale DWI]]></category>
                
                
                
                <description><![CDATA[<p>Felony DUI Penalties, AZ DUI Laws Overview “In dollars and “sense” the cost of retaining a good Scottsdale DUI defense lawyer, is far less a price to pay than the monetary fines, fees, costs, and your freedom, if convicted of a felony DUI in Scottsdale.” If you face felony DUI charges in Scottsdale, AZ you&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p><strong> Felony DUI Penalties, AZ DUI Laws Overview</strong>
“In dollars and “sense” the cost of retaining a good Scottsdale DUI defense lawyer, is far less a price to pay than the monetary fines, fees, costs, and your freedom, if convicted of a felony DUI in Scottsdale.”</p>



<p>
If you face felony DUI charges in Scottsdale, AZ you should consult a Scottsdale DUI lawyer as soon as possible to discuss your charges and defense options.  A felony DUI conviction in Scottsdale exposes you to severe penalties. You will need an experienced Scottsdale DUI attorney to defend your felony DUI charges.</p>



<p><strong>Arizona Felony DUI Laws: </strong> There are three factors that will aggravate a Scottsdale Misdemeanor DUI and elevate it to a Felony DUI, also known as Aggravated DUI charges:</p>



<p>1) A.R.S. §28-1383(A) (1): (Paraphrased) The AZ DUI arrest occurred while your drivers license was suspended, restricted or revoked – Class 3 Felony</p>



<p>2) A.R.S. §28-1383(A) (2): (Paraphrased) The Scottsdale DUI charge is your third DUI charge in 7 years. You were convicted of at least two prior DUI charges during the last 7 years. – Class 3 felony</p>



<p>3) A.R.S. §28-1383(A) (3): (Paraphrased) Your current Scottsdale DUI charge was aggravated by the fact that a child under 15 years of age was a passenger in the vehicle while you were driving impaired, DUI, DWI, or Drunk Driving. – Class 6 Felony</p>



<p><strong>DUI Penalties – Felony DUI Sentencing in Arizona</strong></p>



<p>A Scottsdale Felony DUI conviction exposes you to mandatory AZ DUI sentencing guidelines. Each case has its own unique circumstances that may affect the Felony DUI sentencing if convicted. The mandatory DUI penalties under Arizona Law include, but are not limited to the following:</p>



<p>• Felony criminal record;</p>



<p>• Jail time ranging from one day to one year;</p>



<p>• Prison time from 4 months to 2 ½ years;</p>



<p>• Revocation of your drivers license for 3 years;</p>



<p>• Use of Ignition Interlock Device at your expense;</p>



<p>• Fines of Up to $150,000 plus 80% surcharge;</p>



<p>• $1500 prison assessment;</p>



<p>• $250 abatement fee;</p>



<p>• Probation fees;</p>



<p>• Costs for Drug or Alcohol Treatment Screening;</p>



<p>• Costs for Drug or Alcohol Counseling or Treatment Program;</p>



<p>• Lengthy supervised probation.</p>



<p>
*The above penalties are subject to change based on circumstances surrounding your Felony DUI charges and frequent changes to Arizona Law.</p>



<p>
Felony DUI Penalties for a Scottsdale DUI conviction may be “aggravated” or
“mitigated”.  Aggravated penalties are the result of those factors that surround your Scottsdale DUI that support the prosecution’s case against you. These are factors that will warrant more serious DUI punishments.  Mitigating factors are circumstances or evidence that supports your DUI defense and warrant less serious penalties, particularly, those that are discretionary by the judge.</p>



<p><strong>Scottsdale DUI Defense – Felony DUI Charges in Scottsdale AZ</strong></p>



<p>The judge or prosecution will not offer you leniency, out of compassion or the fact that you are not being represented by a private Scottsdale DUI attorney. Without compelling arguments presented or motions filed by your Scottsdale DUI Defense Lawyer on your behalf, the judge or prosecution will not generally offer mitigated sentencing. Good DUI defense lawyers will examine the evidence and facts of your case to find mitigating factors that may lead to more lenient penalties if you are convicted of a felony DUI charge.</p>



<p>
The felony DUI penalties are so severe, and intrusive on a person’s life, that they may feel that the situation is hopeless and do not think a Scottsdale DUI Attorney can help them. However, to the contrary, Felony DUI charges are often dismissed or reduced by good Scottsdale DUI defense attorneys.  A qualified Scottsdale DUI lawyer or AZ criminal defense lawyer can defend any Scottsdale Felony DUI charge regardless of the severity or classification, or the amount of your Blood Alcohol Content or BAC levels (extreme or non-extreme). In many cases a Scottsdale DUI lawyer is able to get evidence dismissed; charges reduced to a Misdemeanor DUI, civil citation, or ultimately get the felony DUI charges dismissed completely.</p>



<p>
Early retention of a good private practice Scottsdale DUI attorney will drastically increase your chances of a dismissal or other good outcome in your Felony DUI case.  However, choosing to go without a qualified Scottsdale DUI defense attorney is a dangerous path towards a swift Felony DUI conviction in Arizona.</p>



<p><em>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 DUI laws and penalties frequently change.  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 of up to date information. </em></p>



<p>
If you have an outstanding warrant for arrest in Arizona or 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).</p>



<p>
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 in Phoenix metro area.</p>
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            <item>
                <title><![CDATA[Felony DUI Charges: Find out why you were charged with a Felony DUI instead of a Misdemeanor DUI, and how to defend your charges.]]></title>
                <link>https://www.arizonacriminaldefenselawyer.com/blog/phoenix-dui-lawyer-felony-dui/</link>
                <guid isPermaLink="true">https://www.arizonacriminaldefenselawyer.com/blog/phoenix-dui-lawyer-felony-dui/</guid>
                <dc:creator><![CDATA[The Law Office of James Novak Team]]></dc:creator>
                <pubDate>Wed, 13 Jul 2011 13:30:54 GMT</pubDate>
                
                    <category><![CDATA[Phoenix AZ DUI]]></category>
                
                
                    <category><![CDATA[Arizona DUI Attorney]]></category>
                
                    <category><![CDATA[AZ DUI Laws]]></category>
                
                    <category><![CDATA[AZ DWi Laws]]></category>
                
                    <category><![CDATA[DUI With Medication]]></category>
                
                    <category><![CDATA[phoenix drunk driving]]></category>
                
                    <category><![CDATA[phoenix DUI]]></category>
                
                    <category><![CDATA[phoenix DUI attorney]]></category>
                
                    <category><![CDATA[phoenix DUI lawyer]]></category>
                
                    <category><![CDATA[phoenix DWI]]></category>
                
                    <category><![CDATA[Prescription Drug DUI]]></category>
                
                
                
                <description><![CDATA[<p>If you have been arrested for felony DUI in Arizona, you will need to consult a Phoenix DUI lawyer as soon as possible to discuss your charges and defense. A felony DUI in Phoenix exposes you to severe penalties and sentencing if convicted including prison time. You will need an experienced Arizona DUI lawyer who&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>If you have been arrested for felony DUI in Arizona, you will need to consult a Phoenix DUI lawyer as soon as possible to discuss your charges and defense. A felony DUI in Phoenix exposes you to severe penalties and sentencing if convicted including prison time. You will need an experienced Arizona DUI lawyer who defends felony DUI charges in Phoenix on a regular basis. </p>



<p><strong>Arizona Felony DUI Laws: </strong> There are three aggravating factors that will escalate a Phoenix Misdemeanor DUI charge to a Felony DUI charge in Phoenix AZ. A.R.S. §28-1383(A) (1): (Paraphrased for Legal Ease) You were arrested for AZ DUI while your license was suspended, restricted or revoked (Class 3 Felony).</p>



<p>
A.R.S. §28-1383(A) (2): (Paraphrased for Legal Ease) This is your third DUI charge and you have at least two prior DUI convictions within the last 7 years. (Class 3 felony).</p>



<p>
A.R.S. §28-1383(A) (3): (Paraphrased for Legal Ease)  You were arrested for DUI and there was a child under 15 years of age was a passenger in the vehicle. You were driving.  (Class 6 Felony).</p>



<p><strong>DUI Penalties – Felony DUI in Arizona </strong> </p>



<p>A Phoenix Felony DUI conviction exposes you to mandatory sentencing guidelines. Each case has its own unique circumstances that may affect the DUI penalties ordered by the judge in the event of a DUI conviction. The mandatory DUI penalties under Arizona Law, may include, but are not limited to the following:</p>



<p>• Long Term Felony criminal record;</p>



<p>• Jail time that ranges from one day to one year;</p>



<p>• Prison time from 4 months to 2 ½ years of incarceration;</p>



<p>• Revoking of your drivers license for 3 years;</p>



<p>• Lengthy supervised probation;</p>



<p>• Use of Ignition Interlock Device at your expense;</p>



<p>• Fines of Up to $150,000 plus 80% surcharge;</p>



<p>• $1500 prison assessment;</p>



<p>• $250 abatement fee;</p>



<p>• Probation fees;</p>



<p>• Costs for Drug or Alcohol Treatment Screening;</p>



<p>• Costs for Drug or Alcohol Counseling or Treatment Program;</p>



<p>The above penalties are subject to change based on circumstances surrounding your Felony DUI charges and frequent changes to Arizona Law.</p>



<p>
DUI Penalties for a Phoenix DUI conviction may be “aggravated” or
“mitigated”.  Aggravated punishments are factors surrounding your Phoenix DUI that support the prosecution’s case against you and warrant more serious and additional DUI penalties. Mitigating factors are circumstances or evidence that supports your DUI defense and warrant less serious punishments.</p>



<p><strong>Defense Lawyers for Felony DUI in Phoenix</strong></p>



<p>The judge or prosecution will not generally offer mitigated sentencing without compelling arguments presented or motions filed by your Phoenix DUI Defense Lawyer on your behalf. A good Phoenix DUI defense attorney will examine the evidence and facts of your case to find mitigating factors that will lead to a reduction of your penalties in the event of a felony DUI partial or complete conviction.</p>



<p>
The felony DUI penalties are so severe, and disruptive on a person’s life, that they sometimes become overwhelmed and feel that the situation is too hopeless to hire a defense attorney. However, a qualified Phoenix DUI lawyer or AZ criminal defense lawyer can defend any Phoenix Felony DUI charges regardless of the severity or classification of the charges or the amount of your Blood Alcohol Content or BAC levels.  In many cases they can get evidence dismissed; charges reduced to a Misdemeanor DUI or other reduced charge; or get the felony DUI charges completely dismissed.  Early retention of an experienced private Phoenix DUI attorney drastically increases your chance of getting a good outcome in your Felony DUI case.  To the contrary going without representation of a good private DUI or criminal defense lawyer, is the quickest path to a Felony DUI conviction in Phoenix with harsh and mitigated penalties.</p>



<p><em>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 DUI laws and penalties frequently change.  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 of up to date information. </em></p>



<p>
If you have an outstanding warrant for arrest in Arizona or 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).</p>



<p>
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 in Phoenix metro area.</p>
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                <title><![CDATA[Drunk Driving Charges: How to challenge Blood Alcohol Content (BAC) results]]></title>
                <link>https://www.arizonacriminaldefenselawyer.com/blog/scottsdale-dui-lawyer-az-dui-d/</link>
                <guid isPermaLink="true">https://www.arizonacriminaldefenselawyer.com/blog/scottsdale-dui-lawyer-az-dui-d/</guid>
                <dc:creator><![CDATA[The Law Office of James Novak Team]]></dc:creator>
                <pubDate>Wed, 22 Jun 2011 13:33:34 GMT</pubDate>
                
                    <category><![CDATA[Scottsdale AZ DUI]]></category>
                
                
                    <category><![CDATA[Arizona DUI Attorney]]></category>
                
                    <category><![CDATA[AZ DUI Laws]]></category>
                
                    <category><![CDATA[AZ DWi Laws]]></category>
                
                    <category><![CDATA[DUI With Medication]]></category>
                
                    <category><![CDATA[Prescription Drug DUI]]></category>
                
                    <category><![CDATA[scottsdale drunk driving]]></category>
                
                    <category><![CDATA[scottsdale DUI]]></category>
                
                    <category><![CDATA[scottsdale DUI attorney]]></category>
                
                    <category><![CDATA[scottsdale DUI lawyer]]></category>
                
                    <category><![CDATA[scottsdale DWI]]></category>
                
                
                
                <description><![CDATA[<p>10 Ways Scottsdale Attorneys Challenge Blood Alcohol Tests In same cases your blood test results can lead to a dismissal of your Scottsdale DUI charges. If you were arrested for a Scottsdale DUI, based on your BAC results that evidence alone does not mean you will be convicted. In fact, some Scottsdale DUI attorneys may&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p><strong>10 Ways Scottsdale Attorneys Challenge Blood Alcohol Tests </strong></p>



<p>
In same cases your blood test results can lead to a dismissal of your Scottsdale DUI charges. If you were arrested for a Scottsdale DUI, based on your BAC results that evidence alone does not mean you will be convicted.  In fact, some Scottsdale DUI attorneys may be able to use the blood testing evidence to defend your DUI charges.</p>



<p><strong>Scottsdale DUI Defenses | Challenging Blood Test Evidence</strong></p>



<p>If you were charged with an AZ DUI in Scottsdale based upon your BAC levels from blood test results, you should contact a DUI lawyer or criminal defense attorney who defends DUI charges in Scottsdale AZ on a regular basis. Often your DUI defense attorney can challenge the prosecution’s blood evidence. In many cases this can lead to suppression of that evidence and dismissal of your DUI charges.</p>



<p><strong>Here are some common ways your AZ DUI lawyer might challenge your blood test results:</strong></p>



<p>1. Your DUI defense attorney finds violations and errors in conducting of the blood test;</p>



<p>2. Police or medical personal failed to follow prescribed rules of testing, analysis, preservation, or transport.</p>



<p>3. The Police Officer or other person drawing the blood was not properly trained and certified in phlebotomy and DUI blood testing.</p>



<p>4. Your defense attorney had the sample of the blood you were given for your defense tested by an independent lab. The independent lab results were largely different that the results taken by the police.</p>



<p>5. Due to improper labeling, the blood sample being used against you was not actually yours (Yes, it does occasionally happen).</p>



<p>6. The vial was not properly sealed.</p>



<p>7. The blood kit used by the police was expired.</p>



<p>8. The blood testing kit used to draw the blood was stored in the trunk of the police officer’s vehicle and subject to extreme Arizona heat for a long period of time.</p>



<p>9. The police sent their blood sample to a hospital instead of the appropriate crime lab for processing. Hospital medical personnel are usually not trained or required to follow the strict guidelines for criminal evidence testing procedures and protocols. They are held accountable to their own governing entities for the testing and treatment of patients for medical purposes only.</p>



<p>10. The arresting police officer either refused or failed to draw and give you a second sample of your blood for defense testing. This is a violation of your constitutional rights.</p>



<p><strong>Attorneys – Scottsdale DUI defense</strong></p>



<p>Once you have contacted a prospective DUI attorney to defend your Scottsdale AZ charges, be sure to ask them, initially if they intend to retest the blood. The best Scottsdale DUI lawyers usually do. Also, ask who will be responsible for paying the blood retesting fee charged by an independent lab. This fee can cost between $250.00 and $350.00. Generally, the AZ DUI attorney will include that in the total price of your defense. Sometimes DUI attorneys in AZ will pay the fee on your behalf as a courtesy. But if they require you to pay the fee in addition to their fees for legal defense, and you still wish to hire that Scottsdale DUI lawyer, it is well worth the cost to pay to have the blood sample retested Many DUI charges have been dismissed because they were challenged by the DUI defense attorney. Top rated Scottsdale criminal defense attorneys; will investigate all the aspects surrounding the blood test results. They will then educate the court and prosecution, present compelling arguments and file motions that will lead to dismissal of your Scottsdale DUI charges.</p>



<p>If you have been arrested for DUI or criminal charges in Maricopa County 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.</p>



<p>
The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within the Greater Phoenix,, Maricopa County cities  including Chandler, Tempe , Phoenix, Chandler, Tempe, Gilbert, Mesa, Phoenix Metro, and central Phoenix and Phoenix East Valley Arizona.</p>
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                <title><![CDATA[DUI defenses: 10 ways to challenge DUI blood test evidence]]></title>
                <link>https://www.arizonacriminaldefenselawyer.com/blog/chandler-criminal-defense-lawy/</link>
                <guid isPermaLink="true">https://www.arizonacriminaldefenselawyer.com/blog/chandler-criminal-defense-lawy/</guid>
                <dc:creator><![CDATA[The Law Office of James Novak Team]]></dc:creator>
                <pubDate>Wed, 08 Jun 2011 14:37:11 GMT</pubDate>
                
                    <category><![CDATA[Chandler AZ DUI]]></category>
                
                
                    <category><![CDATA[Arizona DUI Attorney]]></category>
                
                    <category><![CDATA[AZ DUI Laws]]></category>
                
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                <description><![CDATA[<p>Find out how top Chandler DUI Lawyers Challenge DUI or Drug Blood Alcohol Tests DUI & Drug blood test evidence can be challenged by your Chandler DUI or Criminal Defense lawyer. The results often lead to a dismissal of your DUI or Criminal charges. AZ DUI Laws | Defending Blood Alcohol Content (BAC) Test If&hellip;</p>
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<p><strong>Find out how top Chandler DUI Lawyers Challenge DUI or Drug Blood Alcohol Tests</strong></p>



<p>
DUI & Drug blood test evidence can be challenged by your Chandler DUI or Criminal Defense lawyer. The results often lead to a dismissal of your DUI or Criminal charges.</p>



<p>
<strong>AZ DUI Laws | Defending Blood Alcohol Content (BAC) Test </strong></p>



<p>
If you were arrested for drunk driving or DUI Drug charges in Chandler AZ based upon your DUI blood testing results, your private Chandler DUI or criminal lawyer can sometimes be used as exculpatory evidence (evidence that helps your defense).</p>



<p>Below are 10 ways your AZ DUI or criminal defense attorney might use to challenge your Chandler drunk driving or Drug DUI blood test results.</p>



<p>1. Errors occurred in the conducting of the blood test.</p>



<p>2. Police violated required protocol related to DUI blood alcohol testing, analysis, preservation, or transportation of the blood sample.</p>



<p>3. The Police Officer who conducted the blood test was properly trained and was not certified in phlebotomy for DUI or drug testing;</p>



<p>4. The blood sample retested by your Arizona criminal defense lawyer or DUI attorney at an independent crime lab resulted in significantly different results than those processed at the police crime lab;</p>



<p>5. Due to improper labeling the blood sample belonged to someone else other than you.</p>



<p>6. The blood sample container was not properly sealed during storage and transport;</p>



<p>7. The date of the DUI or Drug testing kit used by police to conduct your test was expired.</p>



<p>8. The DUI or drug blood testing kit used by police was stored and exposed to prolonged extreme temperatures which compromised accurate results.</p>



<p>9. The police had your blood sample processed at a hospital instead of a crime lab. Most hospitals are not equipped for or designed for processing of criminal evidence. They are not required to follow proper protocol for testing, storage and transport of criminal or DUI evidence. They are intended for treatment and testing of injured or ill patients. Further, they have different policies, procedures and governing entities.</p>



<p>10. The police officer (s) who conducted your blood test failed or refused to give you a blood sample for your Chandler drug DUI or criminal defense attorney. Their refusal upon your request is a violation of your rights. Violation of rights can result in suppression of evidence or dismissal of your criminal or DUI charges.</p>



<p><strong>Criminal Lawyers for DUI or Drug Charges in Chandler AZ</strong></p>



<p>When you consult an Arizona criminal defense lawyer or DUI attorney to defend Chandler DUI or drug charges, ask the defense attorney if they plan to retest the blood sample. The best DUI lawyers or criminal defense attorneys who defend changes in Chandler AZ this on every alcohol DUI or Drug DUI case involving blood testing.</p>



<p>
Also, ask your attorney up front, if you will be responsible for the blood retesting fees for the retesting by an independent lab. The charge for this service averages between $250.00 and $350.00 in Maricopa County. Many AZ DUI and criminal defense lawyers will factor the fee into your total defense costs. Some DUI attorneys in AZ will absorb the cost as a courtesy, because they understand how important it is to your defense. If you are required to pay the fee on top of defense costs, it is still well worth it, to pay the fee and have the blood retested. Many drug DUI and AZ drunk driving charges have been dismissed because the tests were challenged successfully by the defense. The best Chandler criminal defense attorneys in AZ know what to look for in their examination of the processes surrounding the blood test results. If they can find weaknesses or flaws in the prosecution’s blood sample evidence, they will educate the court and prosecution; and present compelling arguments on your behalf which may lead to a total dismissal of your Chandler DUI or Drug DUI charges.</p>



<p>If you have been arrested for DUI or criminal charges in Maricopa County 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.</p>



<p>
The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within the Greater Phoenix,, Maricopa County cities  including Chandler, Tempe , Phoenix, Chandler, Tempe, Gilbert, Mesa, Phoenix Metro, and central Phoenix and Phoenix East Valley Arizona.</p>
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                <title><![CDATA[DUI Blood Tests: Reasons why police decide to get DUI blood test evidence]]></title>
                <link>https://www.arizonacriminaldefenselawyer.com/blog/phoenix-dui-lawyers-drunk-driv/</link>
                <guid isPermaLink="true">https://www.arizonacriminaldefenselawyer.com/blog/phoenix-dui-lawyers-drunk-driv/</guid>
                <dc:creator><![CDATA[The Law Office of James Novak Team]]></dc:creator>
                <pubDate>Fri, 29 Apr 2011 13:32:31 GMT</pubDate>
                
                    <category><![CDATA[Phoenix AZ DUI]]></category>
                
                
                    <category><![CDATA[Arizona DUI Attorney]]></category>
                
                    <category><![CDATA[AZ DUI Laws]]></category>
                
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                    <category><![CDATA[DUI With Medication]]></category>
                
                    <category><![CDATA[phoenix drunk driving]]></category>
                
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                <description><![CDATA[<p>If you were arrested for an AZ DUI arrest based on your BAC results, does not automatically mean you will be convicted. Good Phoenix DUI attorneys may be able to use the blood test evidence to defend you, and get your charges dismissed. DUI charges in Phoenix based on Blood Test Results If you were&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>If you were arrested for an AZ DUI arrest based on your BAC results, does not automatically mean you will be convicted.  Good Phoenix DUI attorneys may be able to use the blood test evidence to defend you, and get your charges dismissed.</p>



<p><strong>DUI charges in Phoenix based on Blood Test Results</strong></p>



<p>If you were charged with an AZ DUI in Phoenix based upon your BAC levels from blood test results, you should contact a DUI lawyer or criminal defense attorney who defends DUI charges in Phoenix AZ as soon as possible. The best DUI lawyers in Arizona may be able to find good reasons to challenge the same blood test results to defend your DUI charges. This is done when your DUI defense attorney finds violations and errors in conducting the blood test; processing the results; failure of police to follow prescribed rules of testing, analysis, preservation, or transport. Often your criminal defense attorney can educate the prosecution on the facts, and challenge the blood evidence. This often leads to suppression of that evidence and total dismissal of your DUI charges.</p>



<p><strong>Blood Testing for a DUI Stop</strong></p>



<p>A driver who is stopped in Phoenix AZ for suspicion of drunk driving does not get a choice as to what test the police will conduct. The officer has discretion of using any of three options: Blood, Breath, or Urine testing. Below are some reasons why the police officer may use a blood test as the preferred method of choice:</p>



<p>1) The driver refused to take a breath test. In this event the officer can obtain a court order from an on-duty judge to draw the driver’s blood samples.</p>



<p>2) Some circumstances, if they exist, may cause the driver an unfavorable candidate for a breathalyzer test. For example, if the driver had been vomiting, or belching, it could adversely affect the accuracy of breathalyzer test results.</p>



<p>3) The breathalyzer test was conducted first, and the results were negative for alcohol. However, the police had reason to suspect you were driving impaired. Therefore, they decide to conduct a blood test to determine if there are drugs, chemicals or other toxins that caused the impaired driving.</p>



<p>4) An auto accident was involved; and the suspected drunk driver was either unconscious or otherwise incapable of participating in a breathalyzer test due to severity of their injuries.</p>



<p><strong>AZ DUI Laws – DUI Blood Tests</strong></p>



<p>It is common in Phoenix AZ for the police officer to personally draw the blood sample. However, they must be properly trained phlebotomy to conduct the DUI blood test. Many police departments send officers to get certified.</p>



<p>
When the blood is drawn the police should draw a second sample for you to give to your DUI defense Attorney. They then send the sample to their crime lab for processing using a gas chromatograph. The turnaround time is on average 2 to 8 weeks for the crime lab to return the results. The criminal defense attorney has the opportunity to have the blood retested at an independent lab. The defense attorney then examines the processes that took place and compares results against the prosecutions.</p>



<p>
The Arizona courts have upheld the legality of a police officer drawing the blood sample as long as they have been properly trained and certified as phlebotomists for this purpose.  Strict guidelines apply to conducting, storage, and transport of the blood sample, the blood kits storage; blood kit expiration dates; avoidance of exposure to extreme heat or cold temperatures of their blood kits; chemicals used to clean the driver’s arm before the blood is taken.  All of these factors are critical to making sure the blood results are accurate.</p>



<p><strong>DUI Lawyers for Phoenix DUI – Using Blood Results for AZ DUI Defense</strong></p>



<p>During your initial consultation with a Phoenix DUI Attorney, ask if they intend to retest the blood. If so, ask who will be responsible for paying the fee to retest the blood sample. Blood testing in Arizona from an independent lab costs on average $250.00. Many AZ DUI lawyers will take care of that fee as a courtesy to the client. Many blood retests can lead to dismissal of your DUI charges. So even if the Phoenix DUI defense attorney you select does not pay the fee for you, it is well worth the cost to pay for the blood retest. It is very unwise to forfeit the opportunity to have your attorney get the blood retested; examine the process that took place, and compare results. Too many DUI charges have been dismissed due to the challenging of blood results, for it to be ignored. Top criminal defense attorneys in Arizona often find flaws and errors in blood testing and processing; present compelling arguments and challenge the blood test result violations that can lead to a total case dismissal.</p>



<p>If you have been arrested for DUI or criminal charges in Maricopa County 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.</p>



<p>
The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within the Greater Phoenix,, Maricopa County cities  including Chandler, Tempe , Phoenix, Chandler, Tempe, Gilbert, Mesa, Phoenix Metro, and central Phoenix and Phoenix East Valley Arizona.</p>
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                <title><![CDATA[How to find a lawyer to defend your DUI or criminal charges]]></title>
                <link>https://www.arizonacriminaldefenselawyer.com/blog/phoenix-criminal-defense/</link>
                <guid isPermaLink="true">https://www.arizonacriminaldefenselawyer.com/blog/phoenix-criminal-defense/</guid>
                <dc:creator><![CDATA[The Law Office of James Novak Team]]></dc:creator>
                <pubDate>Tue, 15 Mar 2011 14:30:12 GMT</pubDate>
                
                    <category><![CDATA[Phoenix AZ DUI]]></category>
                
                
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                <description><![CDATA[<p>How to find the best Phoenix DUI Lawyer in Arizona If you face Phoenix DUI charges or any Criminal in Arizona, you will need to consult the best Phoenix AZ Criminal defense lawyer or DUI defense Attorney you can find. This is because the State of Arizona has some of the harshest laws and penalties&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p><strong>How to find the best Phoenix DUI Lawyer in Arizona  </strong></p>



<p>
If you face Phoenix DUI charges or any Criminal in Arizona, you will need to consult the best Phoenix AZ Criminal defense lawyer or DUI defense Attorney you can find. This is because the State of Arizona has some of the harshest laws and penalties for DUI and criminal conviction in the USA.  After being charged with a DUI or crime, most people do not know where to start to find a good criminal defense or DUI lawyer. There are so many.  Here are some basic sources to start with:</p>



<p>1) Search the internet you can do searches on the internet and easily get information from attorneys’ websites. Read reviews, compare services, and listings.</p>



<p>2) Get a referral from a trusted family member, friend or neighbor</p>



<p>3) Check on line directory listings for Attorneys</p>



<p>4) Contact the Maricopa County Bar Association</p>



<p>5) Look for Attorneys who are licensed to practice in the State of Arizona and who defends Phoenix DUI charges in the jurisdiction or municipality you where you were charged. Note, it does not matter where you reside, you need a defense attorney in the city, jurisdiction, county or state in which you were charged.</p>



<p>
After selecting a few Criminal or DUI defense Attorneys who practice in Phoenix contact them for a free consultation either by phone or in person. You can discuss your charges and defense options. But just as important, is that you find out about them. Here is a short list of some things you want to know about them:</p>



<p>• How familiar are they with the changing Arizona Laws and penalties?</p>



<p>• How often to they defend cases often in Phoenix AZ Court and Arizona criminal justice system?</p>



<p>• How familiar are they with the Judge, prosecution, and court procedures?</p>



<p>• Are they licensed to practice criminal defense in Arizona?</p>



<p>• How long have they defended criminal and DUI charges in Arizona?</p>



<p>• Are they well versed and successful have they been at utilizing DUI and criminal defense strategies • How long they have they been in practice</p>



<p>• Are they experienced in trail and litigation in Phoenix?</p>



<p>• Is their Law practice devoted 100% to DUI and criminal defense?</p>



<p>• What are their pre-trial and trial fees?</p>



<p>• How do they expect payment and are they willing to work with you on a payment plan if needed?</p>



<p>• Have they ever been Maricopa County Prosecutors?</p>



<p>• Will they take the time needed to examine the evidence to build and mount a strong DUI or Criminal Defense case challenging the Phoenix prosecution?</p>



<p>• Who will actually be handling the day to day activities, court appearances, investigation and all the services needed for your defense?</p>



<p>• If different than to whom you are speaking, will you get a chance to meet them and ask them these important questions as well? • Who can you go to for questions throughout your defense process?</p>



<p>
Do not be afraid to ask any of these questions.  In this case you will be the employer, and the Phoenix DUI lawyer or criminal defense attorney will be working for you. It is a big decision, not to be taken lightly.  If you choose wisely, it may mean the difference between a criminal conviction and a dismissal of your charges.</p>



<p>If you have been arrested for DUI or criminal charges in Maricopa County 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.</p>



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