Criminal Defense Attorney - James Novak

4 Deadly Arizona Criminal Charges in Domestic Disputes

The Law Office of James Novak Team — Wed, 04 Jan 2017 03:40:25 GMT

In Arizona, we recently learned of a tragic story.

Police officers answered a domestic dispute, and the suspect was fatally shot by police.

When the officer arrived on scene, he encountered a woman outside a home.

It was reported that the woman threatened to shoot herself and a friend who was still inside the home with another person.

The officer allegedly believed that the woman was aiming a handgun at him. As a result, he shot, and killed her.

This unfortunate ordeal ended horribly wrong. It was the very worst possible scenario for the suspect.

Other adverse consequences occur. These include the high risk of criminal charges being brought against those involved in the domestic dispute.

The four types of charges often coupled with domestic violence crimes are weapons misconduct, aggravated assault, disobeying police orders, and domestic violence charges.

In this article, we will discuss four types of criminal charges often associated with domestic disputes, that put a person at risk for harm or fatality, as well as risk factors, and criminal defense for the charges.

Any one or more of these criminal charges, in absence of injury can be life altering.

Convictions can jeopardize your freedom, leaving you with a long standing criminal record.

1) Aggravated Assault Charges

An aggravated assault is a felony in Arizona.

Misdemeanor assaults and aggravated assaults are differentiated in that they are either felonies or misdemeanors.

While both types of assault are serious, aggravated assault convictions carry very harsh punishments.

Like weapons misconduct, felony assaults charges can be brought in a number of situations. Any assault that involves the use of a deadly weapon may also be charged as aggravated assault.

A deadly weapon includes any object designed for lethal use, including unloaded firearms.

This does not include permanently inoperable firearms. The definition of firearms also does not include a toy weapon.

The prosecution will have to show that a deadly weapon was used to intentionally, recklessly, or knowingly cause a physical injury to somebody else; placed someone else in reasonable apprehension of being physically injured; or knowingly touch somebody else with the intent to injure, provoke, or insult that person.

Any misdemeanor assault against a peace officer who is engaged in performing official duties can also be charged as an aggravated assault.

When an aggravated assault is based on an assault on a peace officer engaged in his job, charges are brought as class 2 felonies. A presumptive term for a class 2 felony is five years, and an aggravated term is 12.5 years.

2) Weapons Misconduct Weapons misconduct refers to criminal offenses that involve a deadly weapon.

Weapons crimes can be brought when a person knowingly carries a concealed deadly weapon other than a pocket knife, while committing a serious offense or felony.

They can also be brought when a person fails to respond correctly, as to whether or not they are carrying a concealed deadly weapon, upon inquiry by a police officer.

There are numerous ways weapons misconduct can result in a criminal record under Arizona Revised Statute section 13-3102.

In the former situation, weapons misconduct is charged as a class 6 felony.

While, these are not punished as harshly as other felonies in Arizona, they still call for prison time.

The presumptive term for a first-time offender’s conviction for a class 6 felony is one year, while an aggravated term is two years.

However, depending on the circumstances, it is sometimes possible to negotiate to get the felony turned into a class 1 misdemeanor with a lighter sentence.

Failing to answer a police officer accurately about a concealed deadly weapon is a class 1 misdemeanor.

The penalties are not as serious, but you can still end up with a criminal record that affects your ability to secure employment, professional licenses, and housing and it could affect the outcome of future criminal charges.

3) Domestic Violence Charges

In Arizona, according to statistics from the National Coalition for Domestic Violence (NCAVD), the presence of a gun, in the home, increases the chance of fatality by 500 percent. Domestic violence can be a felony or misdemeanor. This determination is made based on the actual crime that was committed.

Some examples include assault, sexual assault, criminal trespassing, violation of a restraining order, neglect, delinquency of a minor, stalking, harassment, incest, and other crimes against a child.

Whether or not the crime is one of domestic violence is determined by the nature of the crime and the relationship between the victim and the accused.

Relationships described in Arizona Revised Statutes 13-3601 include, but are not limited to those between current or former spouses, parents, children, grandparents, siblings, those involved in a romantic relationship, co-habitants, those either related, or in a present or former relationship that do not live together.

In Arizona when charges are brought for a third domestic violence incident, within 7 years, the charges are raised to a felony. This is the case, even if the violation was a misdemeanor.

If a deadly weapon such as a gun is displayed in a domestic dispute, while a person under the age of 15 is present, the suspect will be arrested.

This is the case, whether or not the weapon was used.

It is also the case, whether or not the police officer actually witnessed the display of the weapon. In any event, probable cause would be needed in order to make a lawful arrest.

Under Arizona’s domestic violence law, the police officer’s discretion, they have may seize a firearm temporarily if they learn that one is on the premises, and feel it poses the threat of harm under the circumstances.

In some situations one or more parties will turn on police.

When police are not sure which person is the aggressor, they will often arrest both individuals involved in the dispute.

For the victim, this is adds insult to injury causing a person to become angry and combative towards police.

4) Failure to Obey Police Orders

Arizona Revised Statute section 28-622 prohibits someone from failing to comply with a police officer who has the authority to direct, control, or regulate traffic.

In the incident described above, the woman could have been charged with a failure to comply if the police officer had asked her to put the toy gun down, even though it was not a real firearm.

A failure to obey a police officer is a class 2 criminal misdemeanor.

A class 2 misdemeanor can be punished with a term of imprisonment for a maximum of four months.

High Risk Factors in Domestic Disputes

A recent report was issued by the National Law Enforcement Officers Memorial Fund, which concluded that the deadliest police encounters involve domestic disputes.

Following a recent 5 years study, 684 officer deaths in the line of duty were analyzed. Of those, twenty percent of the officers died of rifle gunshot wounds.

Some of the reasons for this include an escalation of emotions, which is often accompanied by a decrease in logical thinking and reasoning, those involved.

Officers often find it necessary to arrest, or remove one or more of those involved from the home following a heated argument, for the safety of the occupants.

An order from police for one of the parties to leave their own home is often met with resentment and opposition. This alone, can be dangerous for both police and the suspect.

When alcohol and drug abuse is involved, judgment is impaired, which results in increased risk of harm or fatality.

According to statistics from the National Coalition for Domestic Violence, 72% of all murder-suicides in the United States involve intimate partners.

Further, statistics indicate that the existence of an accessible firearm, in the home increases the chance of fatality by 500 percent.

That risk increases to 2,000 percent if there has been a prior history of domestic violence among the individuals.

The officers are well aware of these dangers and exercise vigilance. They often call for back-up officers, for their own protection when called to a domestic dispute.

The police investigation into a domestic dispute begins before they even arrive on scene. When they receive a dispatch for a domestic violence call, one of the first things they do is a background check to see if police have been to the house in the past or if there are prior convictions.

When officers feel threatened, they generally will not take any chances.

Police officers are trained to use force if needed to defend themselves.

This can happen even if what they perceive as a threat, later ends up not being a real threat of harm to the officer.

Criminal Defense Attorney for Aggravated Assault, Weapons Misconduct, Failure to Obey Police Orders, Domestic Violence Charges in Phoenix AZ

If you simply plead guilty, without the guidance and retention of a qualified criminal defense attorney, you will be exposed to a swift conviction and harsh penalties.

It is important in all of these situations to retain experienced legal advocate who can fight for your rights, and provide a strong criminal defense.

No matter how serious your charges may be, you have the right to defend them.

In addition, to protecting your rights, and making sure you are treated fairly, an effective criminal defense attorney may be able to apply specific defenses in your case.

Depending on the circumstances, and strength of the evidence surrounding them, defense strategies can be mounted which can lead to a favorable outcome of your case.

Often, there are mitigating circumstances or facts that can be used to negotiate with the prosecution for a plea deal. In some cases, it may be possible to win at trial by establishing a reasonable doubt.

If your rights were violated or evidence was obtained unlawfully, it often can be suppressed to that it cannot be used to prosecute you.

James Novak, of the Law Office of James Novak, is an experienced criminal defense attorney, and former Maricopa County prosecutor.

Attorney, James defends charges of aggravated assault, failure to obey police orders, domestic violence, and weapons misconduct charges on a regular basis.

If you face active criminal charges in Phoenix, Mesa, Tempe, Chandler, Gilbert or Scottsdale Arizona, James Novak will can provide you with a free and confidential consultation regarding your matter.

If retained, he will tailor and provide a strong defense on your behalf and work to resolve your charges.

Call (480) 413-1499, or contact James Novak today to personally discuss your options for your defense.

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New AZ DUI Laws SB 1200 Signed and Effective December 31, 2011… But Challenged

The Law Office of James Novak Team — Mon, 06 Jun 2011 14:42:40 GMT

The new AZ DUI law withdraws the right of a jury trial for some DUI defendants. But Arizonans say “not so fast”…

June 4, 2011 Arizona News & Editorial Commentary Article By: James Novak, Arizona DUI and Criminal Defense Lawyer AZ SB 1200 was signed into law by the Governor Jan Brewer on April 29th, 2011, to take effect December 31, 2011. A controversial provision discretely found its way into the bill at the last minute. It contained restrictive language that was not included in the earlier versions of the bill. Thus, it deprived the public of input or debate on the issue. The provision causing upset involves the revocation of some AZ DUI defendant’s statutory right to a jury trial. It applies to DUI defendants who have been charged with a first time, non-extreme Arizona DUI charges, eliminates their statutory right to a trial by jury for their AZ DUI. It does include a consolation or alternative for the judge to hear the case and decide if the AZ DUI defendant is guilty or not guilty.

It didn’t take long before the restrictive amendment sparked opposition by many Arizona citizens, AZ DUI defense attorneys, and organizations such as The Committee for the Right to Jury Trial.

Among numerous provisions, the new AZ DUI law includes the following:

1. Gives municipalities, counties and certain local AZ jurisdictions judges the authority and discretion to offer such alternative penalties to eligible defendants, home-detention programs instead of incarceration in jail

2. Reduces the length of time from one year to 6 months for a first time, non extreme DUI offenders to use the DUI interlock device on their vehicles.

3. Eliminates the right for non-extreme, first time AZ DUI offenders the previous right to a jury trial. Instead only DUI defendants that have prior convictions, extreme DUI or less serious DUI charges to keep their previous statutory and inherent right to request a trial by jury.

The first provision makes good sense. It allows for some cost relief to help reduce the over crowded Arizona’s Jails. The second provision gives some relief to first time non-extreme misdemeanor DUI defendants. So far, so good right?

But then there is the third provision that’s facing fire. Arizona Law makers and proponents of the amendment claim that it was a move to reduce the State’s cost for expensive jury trials for those less serious DUI charges, where the blood test or breathalyzer test against them strong against the DUI defendants. The problem with that thinking, among many other reasons, is that it revokes an existing statutory right to those who fall within this category. In essence it could be argued that first time offenders are losing rights while repeat offenders get rewarded by preserving their rights.

Constitutional and Statutory Rights are one of the few things in life people lean on to protect them from mistreatment or abuses in the criminal justice system. If the move was all about Arizona saving money because “trials are too expensive” then someone needs to redo the math. How much will it cost the state of Arizona to fight any and all future repeal propositions that this amendment will face? So much for cost savings and the preservation of the States economic resources.

The Committee for the Right to Jury Trial, led by attorney Clifford Girard is asking voters to repeal that particular amendment of the new AZ DUI law in SB 1200. The committee needs to gather 86,405 signatures by July 19, 2011 to qualify for putting the repeal on the 2012 ballot. Opponents want the voters of Arizona to have the chance to decide, debate, and vote; a chance that was not provided to them before it was passed into law. Fair enough.

Article News Sources:

1) azleg.gov/legtext/50leg/1r/bills/sb1200s.pdf

2) tuccsoncitizen.com/arizona-news/category/arizona-republic-news

3) Associated Press

4) Arizona Republic News.

5) AZ central.com

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

Medical Marijuana Law Update

The Law Office of James Novak Team — Wed, 30 Mar 2011 14:16:15 GMT

Petitions to be Accepted by ADHS for Additional Qualifying Debilitating Medical Conditions for AZ Medical Marijuana Use

March 30, 2011 News Post Article by: James Novak, Phoenix DUI and Criminal Defense Attorney Don’t fret if you have a qualifying debilitating medical condition not initially included on the list. The Arizona Department of Health Services (ADHS) plans to accept petitions beginning January, 2012, for additional debilitating medical conditions to be considered as qualifying for use of prescription medical marijuana in Arizona. This is good news to many who feel they needed to use medical marijuana for relief of their symptoms, but their conditions did not initially qualify under the AZ medical marijuana law.

According to the AZ Medical Marijuana Rules patients suffering from the following medical conditions were considered to initially qualify (Cited in part):

• Cancer

• Glaucoma

• HIV

• AIDS

• Hepatitis C

• ALS

• Crohn’s disease

• Alzheimer’s disease Also there are certain symptoms that qualify, even though they may not be the result of a qualifying condition listed above.

A “chronic or debilitating disease or medical condition” is defined as one that causes the following symptoms below. (Cited in part):

• Cachexia or wasting syndrome;

• Severe and chronic pain;

• Severe nausea;

• Seizures, including those characteristic of epilepsy;

• Severe or persistent muscle spasms, including those characteristic of multiple sclerosis

The ADHS will accept written requests to add medical conditions and chronic or debilitating symptoms of a condition to the current list. This opportunity will take place twice each calendar year, in January and July. There will be certain requirements and documentation needed by the ADHS in order to consider adding a new qualifying medical condition. Those requirements and documentation are outlined in detail, but reader friendly, at the ADHS official website in the Question and Answers section.

Article Source: Official ADHS Website: http://www.azdhs.gov/prop203/calendar.htm . This article 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.

Arizona Medical Marijuana Update

The Law Office of James Novak Team — Wed, 30 Mar 2011 14:12:45 GMT

Final Rules Published by ADHS

They’re here! Arizona Department of Health Services Publishes Final Rules for Administration of the AZ Medical Marijuana Act. Two more milestone dates added.

March 29, 2011 News Post Article by: James Novak, Phoenix DUI and Criminal Defense Attorney The ADHS published it’s Final Rules, Physician Certification Form, and Frequently Asked Questions and Answers which can be found at their official website http://www.azdhs.gov/prop203/calendar.htm.

There you will also find two more milestone dates for future actions posted on the website: : 1) August, 2011: ADHS will select and award medical marijuana dispensary registration certificates.

2) January, 2012: ADHS will accept petitions for additional debilitating medical conditions.

Article Source: Official ADHS Website http://www.azdhs.gov/prop203/calendar.htm: Refer to the Arizona Department of Health Services Official Website for more information on this article topic, latest news and expanded information http://www.azdhs.gov/prop203/calendar.htm .

This article 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.

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

Medical Marijuana Dispensary Registration Certificates

The Law Office of James Novak Team — Mon, 28 Mar 2011 13:59:01 GMT

Arizona Medical Marijuana Update A closer look at how Arizona dispensary registration certificates will be allocated and awarded by ADHS to medical marijuana dispensary applicants.

March 28, 2011 News Post Article by: James Novak, Phoenix DUI and Criminal Defense Attorney According to announcements made on ADHS website, the first issuances of for registration of dispensary certificates will begin in May 2011. They will be allocated according on the basis of what is known as the “Community Health Analysis Areas (CHAAs)”. The CHAAs were created six years ago. They are community-based locations made up of small geographic areas. These areas were designated as units. Although smaller in geographic locations, they are large enough in population to base a statistical analysis.

The ADHS will initially award dispensary registration certificates as outlined in R9-17-302 of the final draft rules and regulations. Here’s what we know:

1) In the event there is only one “complete and compliant application” received for medical marijuana dispensary in a particular CHAA, that dispensary applicant will be awarded a certificate without contents.

2) However, if more than one compliant application is received by ADHS for a dispensary in the same CHAA area, they will “randomly” award the certificate to one of the two or more dispensary applicants. That choice will be made in a public forum to be held at a later scheduled date in the summer of 2011.

A medical marijuana dispensary applicant who has been awarded a registration certificate must obtain approval from the ADHS to operate as a dispensary prior to beginning operations. The application procedures for the approval of the dispensary operations are outlined in section R9-17-304 of the final draft rules.

Refer to the Arizona Department of Health Services Official Website for latest news and expanded information http://www.azdhs.gov/prop203/calendar.htm . News Source: Official ADHS Website

MEDICAL MARIJUANA ACT NEWS UPDATE

The Law Office of James Novak Team — Mon, 28 Mar 2011 01:51:35 GMT

Final rules scheduled to be published for implementation of the Arizona Medical Marijuana Act March 28, 2011…and a look at what’s next.

March 27, 2011 News Post Article by: James Novak, Phoenix DUI and Criminal Defense Attorney You can look for the final rules to be published by ADHS tomorrow, March 28, 2011, Also, at the ADHS website you can “map your location” to obtain current information about the dispensary application process in your areas.

As a refresher, under the provisions of the Arizona Medical Marijuana Act (AZ Prop 203) the AZDHS has until April 13, 2011 to adopt a regulatory system for implementation and distribution of medical marijuana.

Through an exempt rule making process this system will include methods for approving, renewing, and if applicable, revocation of registrations for the following entities: : 1) Qualifying Patients, 2) Caregivers, 3) Nonprofit Dispensaries, 4) Dispensary agents The ADHS has been a key player in keeping the public involved and informed as to their efforts. They have thus far met every deadline they set on or before the scheduled date. Here’s a look at what’s next on their agenda of milestones:

• April 2011: Applications will begin to be accepted for qualified patients and caregivers, by ADHS.

• May 1, 2011: Applications for dispensary registration certificates will begin to be accepted by ADHS.

Refer to the Arizona Department of Health Services Official Website for latest news and expanded information http://www.azdhs.gov/prop203/calendar.htm . News Source: Official ADHS Website

COTTSDALE JAIL SPACE FOR RENT

The Law Office of James Novak Team — Fri, 25 Feb 2011 12:54:44 GMT

February 25, News Post Article by: James Novak, Phoenix DUI and Criminal Defense Attorney On March 1, 2011 Scottsdale Police plan to rent space to defendants in other cities valley-wide convicted of non-violent misdemeanors including Arizona DUI charges for up to 48 hours. This alternative is being offered in lieu of spending that time in Maricopa County’s Tent City or Maricopa County Jail.

No one wants to do time for an AZ DUI conviction under the harsh conditions of Sherriff Joe’s Tent City. So the question is “what’s the catch?” First, it’s not about comfort for the defendants. Basically, it boils down to money issues. The city of Scottsdale faces a $20 million deficit for next fiscal year’s budget. The idea is to bring in $700,000 from this 6 month pilot program to rent the jail space in the Scottsdale Detention Facility. But some speculate whether or not it makes sense. Officials indicate that that it costs the city approximately $500,000 to keep the jail facilities opened. Scottsdale hopes to offset existing costs, of keeping its two jail facilities opened, and earn a $200,000 in profit to help the budget. The primary Scottsdale booking facility is the down town jail on 75th street in Scottsdale AZ. The facility where they will be renting the space is the Scottsdale via Linda Detention Center.

Scottsdale City officials feel it will help the over populated Maricopa County jail and Tent City because some valley cities in Maricopa County, such as Mesa AZ, do not have the space or capacity to hold defendants overnight. If the 6 month trial fails, officials report that the City of Scottsdale may have no choice but to consider ceasing operations and closing the building down.

Other concerns are that there are only eight additional beds available for out-of city defendants, because the other six are being used to accommodate convicted defendants from Scottsdale City Court.

So how do defendants opt in? Well, besides the Arizona Criminal Justice system’s tape, several other things need to happen. For one, there needs to be room available at the Scottsdale via Linda facility. Eight beds do not sound like a lot. Considering the program is available to valley wide cities, the “no vacancy” sign might light up sooner than expected. And Two, it will cost the defendant $189.00 per day, out of their own pocket to stay at the Scottsdale via Linda jail. Ouch…on a good day, $189.00 that could pay for a nice room at some of the valley’s best hotels and resorts. Article Resource Used: AZCentral.com, Arizona Republic Newspaper, & Local Fox News Television Station.

Author: James Novak – Criminal Defense and DUI lawyer in Arizona (Former Prosecutor). The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Phoenix, Mesa, Tempe, Scottsdale, Chandler, Tempe, Gilbert Arizona and surrounding cities valley-wide.

This news article is intended to provide general information only, to generate discussion, and increase awareness of a particular topic. It is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.

Synthetic Marijuana (Spice) Bill Signed Permanently into Law; Effective Immediately

The Law Office of James Novak Team — Thu, 24 Feb 2011 14:10:21 GMT

On February 18, 2011 synthetic Marijuana Bill HB 2167 was signed into law, permanently banning use, possession, or sale in Arizona.

February 24, News Post Article by: James Novak, Phoenix DUI and Criminal Defense Attorney The permanent ban has now been signed into Arizona law by Governor Jan Brewer, which takes effect immediately. Synthetic Marijuana (fake pot) was found to be responsible for such severe and sometimes fatal conditions including but not limited to seizures, strokes, high blood pressure, visual disturbances, heart dysfunctions and more. The synthetic Marijuana chemical compounds were found to be 700 times more potent then the authentic substances of the active ingredients in Marijuana.

Bill Montgomery, Maricopa County Attorney stated that those using, possessing or selling this drug should “consider themselves on notice”. He vowed to aggressively prosecute those who have been charged or arrested for using, possessing or selling synthetic marijuana; and that this and similar drugs pose a threat to the citizens of Maricopa County.

Sources: Office of the Governor, and Local Television News Agencies. This news is a follow-up article to www.Arizonacriminaldefenseattorneyblog.com dated December 15, 2010 regarding Temporary Ban on use of synthetic or fake Marijuana also known as Spice: http://www.arizonacriminaldefenseattorneyblog.com/cgi-bin/mt-search.cgi?search=synthetic+marijuana&IncludeBlogs=401&search= Click on this link for more detailed information on synthetic marijuana and the ban on it. Author: James Novak – Criminal Defense and DUI lawyer in Arizona (Former Prosecutor).

AZ MEDICAL MARIJUANA ACT UPDATE 1

The Law Office of James Novak Team — Mon, 21 Feb 2011 15:01:54 GMT

ADHS announces final rules for the Arizona Medical Marijuana Act on schedule to be published March 28, 2011. Over 2,150 comments were submitted to ADHS regarding the final rules.

February 19, 2011 News Post Article by: James Novak, Phoenix DUI and Criminal Defense Attorney According to the official ADHS website, the public comment period for the draft rules closed February 18, 2011 as expected. The ADHS stated their target date to publish the final rules is March 28, 2011.

The ADHS will be reviewing the more than 1,000 comments they received electronically and 150 verbal comments provided during public comment sessions, on this second and final round of soliciting public feedback. Abut 1,000 comments were submitted for the initial draft rules. The ADHS plans to make the comments available to the public in the near future.

When you think about the hundreds of thousands of people who voted one way or the other, on Prop 203 back in November 2010, the number of comments, (approximately 2,150) pales in comparison.

So here we are, with implementation around the corner. Arizona residents were given their chance to vote, and provide constructive input regarding the Medical Marijuana Act rules. Each city in Arizona will administer the Medical Marijuana Law by adopting the final rules as they see best fit for their city.

There will be those who have significant interests or who will be greatly affected by the law, and are still unhappy with the final outcome following all due processes. With respect to those, they have one final option to act: Put simply, move…to another city or state. Like it or not, that’s the way it is.

AZ MEDICAL MARIJUANA ACT UPDATE

The Law Office of James Novak Team — Fri, 04 Feb 2011 13:24:51 GMT

Public comments on the Arizona Medical Marijuana Act initial rules obviously had an impact based on the new rules posted January 31, 2011 by ADHS.

February 3, 2011 Post Article by: James Novak, Phoenix DUI and Criminal Defense Attorney It seems like just yesterday the votes on AZ Prop 203 were finally counted, and the law passed. Yet, here we are just a few months away from implementation.New revised rules were posted January 31, 2011 on the official ADHS website. The public has until February 18, 2011 to post electronic comments to the revised rules. Revisions were made in part based on comments contributed by the public after the initial draft rules were drafted and posted.

If you are following the events leading to implementation, mark your calendars for the next important dates that were published on the ADHS website:

1) March 28, 2011 – Final rules will be published by ADHS. These rules will l be the ones used for implementation of the Arizona Medical Marijuana Act.

2) April 2011 – Applications will be accepted and considered by ADHS for patients and caregivers who meet the required qualifications.

3) May 1, 2011: applications will be accepted and considered for dispensary registration certificates by AHDS.

ADHS will consider public comments on the revised rules until February 18, 2011. Based on the amount of changes made which can be viewed on the ADHS website, your opinions on the Arizona Medical Marijuana Act initial rules made a difference. Just the votes, every one was considered and counted. Many had regrets one way or the other if they did not vote when they had the chance on AZ Proposition 203. Don’t pass up another chance to post a constructive comment on the new rules.

AZ MEDICAL MARIJUANA NEWS

The Law Office of James Novak Team — Tue, 18 Jan 2011 12:52:49 GMT

10 Things People Are Talking About Article by: James Novak, Phoenix DUI and Criminal Defense Attorney According to announcements made by ADHS, over 1300 people commented on the initial draft posted by ADHS December 17, 2010. The initial comment period has ended, they are currently being considered. New rules will be available for comment on January 31, 2010, to February 18, 2011. Following the next comment period the final Rules package are scheduled to be completed and published March 28, 2011.

Of those comments on the initial draft rules, here were the 10 most talked about issues: 1. Patient-physician relationship requirements; 2. Adding more medical conditions, illnesses, and diseases to the list of those who will qualify; 3. Fees and how those with limited income can gain access; 4. Patient/caregiver cultivation mileage rules; 5. The 70% dispensary self-production and cultivation requirements; 6. Dispensary Registration Certificate approval process; 7. The requirement that each dispensary having an official medical director; 8. Medical Director Qualifications, in that the qualifications be liberalized to include more and various types of medical professionals; 9. Dispensary applicants requirement of a 2 year residency rule; 10. Cultivation facilities licensing requirements with an associated dispensary.

All comments on the initial draft are available and posted on the ADHS website. The public will get their next chance to comment on January 31, 2011 when the second draft is posted. The ADHS has expressed their commitment to considering all constructive comments. So a word to all those with concerns or interests in the Arizona Medical Marijuana Rules, don’t pass up your opportunity to let your voice be heard.

Qualifying Conditions for use of Medical Marijuana in Arizona

The Law Office of James Novak Team — Wed, 12 Jan 2011 13:02:22 GMT

January 12, 2011 News by: James Novak, Phoenix DUI and Criminal Defense Attorney The Arizona Department of Human Services website (ADHS.gov) posted Answers to frequently asked questions. Below is the answers to the definition of a qualifying patient, and what medical condition qualify for patients to register for a Medical Marijuana Card which will enable them to obtain and use Medical Marijuana under the new law:

A “qualifying patient” is defined in Proposition 203 as a person who has been diagnosed by a physician (a doctor of medicine, osteopathy, naturopathic medicine, or homeopathy) as having one of the following debilitating medical conditions:

• Cancer • Glaucoma • Positive status for human immunodeficiency virus

• Acquired immune deficiency syndrome

• Hepatitis C

• Amyotrophic lateral sclerosis

• Crohn’s disease

• Agitation of Alzheimer’s disease

• A chronic or debilitating disease or medical condition that produces any of the following:

a. Cachexia or wasting syndrome

b. Severe and chronic pain

c. Severe nausea

d. Seizures (including those characteristic of epilepsy) or

e. Severe and persistent muscle spasms (including those characteristic of multiple sclerosis)

A qualifying patient’s “designated caregiver” and a “dispensary agent” will also receive registration cards under Proposition 203. For more medical Marijuana news, visit the ADHS website www.azdhs.gov/prop203 that was created to help the public follow updates on rulemaking as Arizona prepares to implement the new law.

If you have been arrested in Maricopa County for AZ DUI other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Phoenix, Mesa, Tempe, Scottsdale, Chandler, Tempe, Gilbert Arizona, East Valley, AZ and surrounding cities of Phoenix metro area.
This news article is intended to provide general information only, to generate discussion, and increase awareness of a particular topic. It is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.

3500 DUI Arrests from Holiday DUI Task

The Law Office of James Novak Team — Wed, 05 Jan 2011 12:50:48 GMT

News Article by: James Novak, Phoenix DUI and Criminal Defense Attorney According to Arizona law enforcement officials and local Phoenix AZ sources, 3500 DUI arrests were made as a result of the DUI task forces (or AZ DUI sobriety checkpoints) set up around the state between Thanksgiving 2010 and through the New Year observed holiday 2011.

Of the 3500 DUI arrests, The East Valley Task Force accounted 1,862 which is more that half of all the arrests. Southern Arizona DUI Task Force arrested 397 drivers. The West Valley DUI Task force made 365 DUI arrests in Arizona. The 2010/2011 Arizona DUI sobriety checkpoint taskforce numbers were for this same holiday time frame in 2009/2010 was actually 26% lower. .

Those arrested for DUI were accused of either drunk driving because of alcohol or AZ DUI with Drugs (meaning allegedly driving impaired due to the influence of drugs, or other toxic substance). Note that this figure of 3500 DUI arrests in Arizona represent the number of people charged, but not yet convicted, and not yet found “guilty” of the DUI charges for which they were arrested. They are considered innocent until and unless they are proven guilty. Those arrested will have an opportunity to obtain legal representation with a qualified Arizona criminal defense attorney or DUI lawyer in Arizona to challenge the DUI, for justification, and to defend their Arizona DUI charges.

AZ MEDICAL MARIJUANA LAW TIME-LINE

The Law Office of James Novak Team — Thu, 30 Dec 2010 13:24:49 GMT

Article by: James Novak, Phoenix DUI and Criminal Defense Attorney You could say the ADHS is not letting any “grass” grow under their feet. By their actions, they are taking their responsibilities very seriously. The Arizona Department of Health Services (ADHS) is making great strides toward regulation and implementation of the new Arizona Medical Marijuana Act. ADHS posted their official information to the public on their website including the initial draft of the Rules on line, and an official time-line regarding for the medical marijuana governing regulatory system.

You can find comprehensive news and updates at the Arizona Department of Health Services website regarding the Arizona medical marijuana law’s progress for implementation. You can also post your comments and input regarding the initial draft rules. The following time-line for bench marks is being cited from the ADHS website as it applies to Maricopa County, Phoenix-Metro, and Phoenix East Valley residents:

• December 17, 2010: ADHS posted an initial informal draft of the Rules; • December 17, 2010 – January 7, 2011: ADHS receives informal (electronic) public comment on the initial informal draft rules • January 31, 2011: ADHS posts official draft Rules for public comment • January 31, 2011 – February 18, 2011: ADHS receive public comment on a revised draft of the Rules • February 14 – 17, 2011: ADHS will hold two public meeting about the draft Rules in Phoenix as follows: 1) Phoenix: Tuesday, February 15, 2011 at 1:00 pm, 250 N. 17th Ave Phoenix AZ 2) Phoenix: Thursday, February 17, 2011 at 1:00 pm, 250 N. 17th Ave Phoenix AZ • March 28, 2011: ADHS publishes the final Rules that will be used to implement the Act • April 2011: ADHS begins to accept applications for registry identification cards and for dispensary certificates

AZ MEDICAL MARIJUANA LAW NEWS

The Law Office of James Novak Team — Wed, 15 Dec 2010 12:54:48 GMT

Article by: James Novak, Phoenix DUI and Criminal Defense Attorney December 13, 2010 Arizona cities including Phoenix AZ, and Tempe, AZ have already begun passing their ordinances for Dispensary Zoning to regulate the requirements involving medical marijuana dispensaries.

These efforts are being made in compliance with the new Arizona Medical Marijuana Law. According to the law, in order to become a legal and licensed dispensary, the grower or infuser (injection into food) of medical marijuana, the dispensary applicant must comply with the zoning standards of the particular city municipality, or town for which the dispensary will be located.

The ADHS is expected to begin accepting ADHS applications for dispensary licenses next April 2011.

ARIZONA MEDICAL MARIJUANA NEWS DECEMEBER 2010

The Law Office of James Novak Team — Tue, 14 Dec 2010 13:07:55 GMT

Article by: James Novak, Phoenix DUI and Criminal Defense Attorney The Arizona Department of Health Services issued an announcement on Friday December 10, 2010 that they are on track for implementation of the AZ Medical Marijuana Act. According to Will Humble, ADHS Director, an informal draft of the Administrative Code will be released Friday, December 17, 2010.

Below are some additional key developments announced by ADHS Director: • Key elements of the implementation are being coordinated with the Rules Team. • Internal rule indexing is in progress. • The Medical Officers team will be reviewing the draft rules next Wednesday, December 15, 2010. • The ADHS Director will then review the Medical Officers recommendations and complete the informal draft Rule. • Work is in progress for the qualified patient and caregiver electronic applications. • On Friday December 17, 2010 the new website will be posted and include Question and Answers for the general public to view. • An electronic tool will be available to solicit comments from the public from December 17, 2010 through January 7, 2011. • A media press release will be issued Friday December 17, 2010 with information on the status.

DEA EMERGENCY BAN ON SYNTHETIC MARIJUANA

The Law Office of James Novak Team — Fri, 26 Nov 2010 12:58:30 GMT

Breaking News Article by: James Novak, Arizona DUI & Criminal Defense Attorney According to a press release by The United States Drug Enforcement Administration (DEA), officials, are using their emergency authority to temporarily control using, possessing, or selling any of five main chemicals used to make synthetic Marijuana (fake pot). This move has been made by the DEA as a move to study whether or not to permanently control or ban these substances.

An amendment to the Comprehensive Crime Control Act of 1984 to the Controlled Substances Act, gives the DEA authority to emergency schedule an “abused, harmful, non-medical substance in order to avoid imminent public health crisis while the formal rule-making procedures described in the CSA are being conducted.”

The chemicals include JWH-018, JWH-073, JWH-200, CP-47,497, and cannabicyclohexanol. Smokable herbal blends which have, in the past been advertised as being “legal” in the past, which is not the case. Complaints reported indicate that these substances mimic the effects of smoking actual marijuana and its’ active ingredient THC. Such plant materials coated with these chemicals and substances have not been approved by the Food and Drug Administration (FDA) as being safe for human consumption, and are not legal. Further, there is no legal governing oversight n the manufacturing process, sales, or distribution. Brands marketed as “incense” intended to hide their real use of fake pot or synthetic marijuana include but are not limited to the popular labels such as “Spice,” “K2,” “Blaze,” and “Red X Dawn”.

A “Notice of Intent to Temporarily Control” by the DEA was published in the Federal Register on November 24, 2010, to make the public aware of their action. Within 30 days, DEA will then publish a “Final Rule to Temporarily Control these chemicals for at least 12 months with the possibility of a six-month extension in the Federal Register. They will be designated as Schedule I substances. Schedule I substances are the most restrictive category. This category is designated for unsafe, highly abused substances with no medical usage.

more If you have been arrested in Maricopa County for AZ DUI other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Phoenix, Mesa, Tempe, Scottsdale, Chandler, Tempe, Gilbert Arizona and surrounding cities. This news article is intended to provide general information only, to generate discussion, and increase awareness of a particular topic. It is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.

7 SECRETS THE MARICIOPA COUNTY PROSECUTER DOESN’T WANT YOU TO KNOW!

The Law Office of James Novak Team — Tue, 16 Nov 2010 12:51:05 GMT

Article by: James Novak, Maricopa County DUI & Criminal Defense Attorney 1) You may find the Maricopa Prosecutor very professional and polite. But if you were arrested or charged with a crime, remember, their job is to convict you. That is what they get paid to do.

2) If you choose to defend yourself without a proper Arizona Legal defense, private practice DUI lawyer, or criminal defense attorney, you make the prosecutor’s job easier. To go unrepresented, is the fast way to an almost certain outcome- conviction of the charges.

3) The Prosecutor will not point out weaknesses or flaws in the State’s case against you. Only a good Arizona DUI or criminal Attorney will comb through the evidence to look For violations of your constitutional rights, or other flaws or circumstances that would weaken the prosecutions case against you.

4) You may be completely not-guilty of the charges for which you were arrested or on trial, but the prosecution will not “tell your story” or produce any evidence that will help prove your innocence. That is not their job. 5) The Police and prosecution work closely together to get a conviction against you. Even if you are politely approached by either, and asked to provide a little more information regarding your charges…don’t do it! By answering without proper legal counsel, you may incriminate yourself and help the prosecution build a case against you. You have a constitutional right to remain silent and to defense counsel. Use it! Politely state that you wish to speak with your DUI or criminal defense attorney before answering any questions.

6) A Judge can not intervene until a motion is filed or your sign a plea agreement or take the matter to trial. The Judge does not have authority to dismiss the case until a proper Legal defense challenge is made on your behalf by your Arizona Defense Attorney, or the jury returns a Not-Guilty Verdict on all charges. The chances of getting an acquittal or not-guilty verdict without a good Arizona Criminal Defense or DUI Attorney are slim to none.

7) If you are told by a Prosecutor that your criminal or DUI matter is “simple” and penalties are “no big deal” or that “you really do not need to hire an attorney” – that is rarely if ever true. The Maricopa County and Arizona Criminal Justice system is complicated. It is a maze of laws, protocol, time-lines, details, paperwork, procedures, and constantly changing legislation. The people and odds are against you, without a strong criminal defense or DUI defense lawyer defending you. Arizona has some of the toughest laws and penalties in the country for criminal and DUI charges. When it comes to your future and freedom, and facing Arizona charges, to the contrary, a criminal or DUI charge is a very serious matter and the consequences of a conviction can be negatively life altering.

more For more criminal defense or DUI defense tips, free videos, and free dui defense books, visit http://www.arizonacrimialdefenselawyer.com If you have been arrested in Maricopa County for AZ DUI other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Phoenix, Mesa, Tempe, Scottsdale, Chandler, Tempe, Gilbert Arizona and surrounding cities. This article is intended to provide general information only, to generate discussion, and increase awareness of a particular topic. It is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.

Arizona Medical Marijuana Prop 203 Passes – Answers to What Now?

The Law Office of James Novak Team — Mon, 15 Nov 2010 17:08:46 GMT

News Article by: James Novak, Arizona DUI & Criminal Defense Attorney You have heard by now that after the last vote was counted Arizona voters said “yes” to Prop 203, The Arizona Medical Marijuana Act, joining 14 other states in the USA. The measure approves legalizing medical marijuana (pot, weed, cannabis). Here’s brief summation of the answer to the question on everyone’s mind is “What’s next?” regarding certification of the votes; when the law takes effect; how it will be implemented; who will be eligible to obtain it; how it is dispensed; where it can be purchased. Below is what has been reported by several local Arizona News Agencies:

1) Certification of the Votes – The votes will be canvassed (certified for authenticity) by November 29, 2010.

2) The Arizona Department of Health Services has 120 days, or April 29, 2011 from that day to finalize all rules for implementation.

3) Then the Arizona Department of Health Services is expected to begin reviewing dispensary information as well as qualification of patient applications by April 2011.

4) To apply and qualify, patients must get a recommendation from their licensed physician and register with the Arizona Department of Health Services. The State Health Department will issue certified ID cards to those who qualify to purchase the medical marijuana.

5)The measure allows patients with serious or terminal medical conditions or diseases, including, but not limited to those suffering from cancer, HIV/AIDS, Hepatitis C, and other chronic, debilitating, or disabling diseases such as glaucoma, and Alzheimer’s Disease that meet approved guidelines. This means Patients who gain certification to use medical marijuana will not be arrested or prosecuted for legally obtaining and using it.

6) The measure allows those qualified to purchase 2 1/2 ounces of marijuana every two weeks. Or if they live at least 25 miles from a legal dispensary they can grow a legal amount cultivate up to 12 plants if they live 25 miles or more from a legal dispensary the marijuana plants for their personal use.

7) The law allows a maximum of 124 dispensaries operated by non-profit organization when the law takes effect to begin with, which is proportionate to the number of pharmacies within the state.

Websites and other resources will be made available in the near future by government nonprofit and private agencies which will provide further information about Dispensaries for which the Marijuana can be purchased in the near future.

Also, users should be aware that Marijuana has not been approved by the Food and Drug Administration (FDA) for medical use. Therefore the risks of the decision to use the medical marijuana and to prescribe will be a matter between the qualified user and their physicians.

Maricopa County’s Fugitive Apprehension Unit to Find and Arrest Those with Outstanding Warrants

The Law Office of James Novak Team — Sat, 13 Nov 2010 13:10:43 GMT

By: James Novak, Maricopa County DUI & Criminal Defense Attorney Maricopa county has 37, 590 outstanding felony warrants for arrest according to local news sources. The Fugitive Apprehension Unit is going to residential and business locations trying to find convicts who have violated the terms of their probation releases.

The Unit is at least partially funded by border-security grants from the Federal Recovery Act to target alleged drug offenders. This year Maricopa County added add five more officers for a total of 19 to work in the specialized unit.

A person convicted of a crime often becomes a fugitive when they can not be located for many reasons such as giving probation officers false addresses, failing to show up for work interviews, or failing to attend mandatory meetings with their probation officers.

The Maricopa County Fugitive Apprehension Unit Officers generally begin looking for alleged offenders who have committed the most violent crimes and repeat offenders. Like private investigators, they use all available resources to find out where alleged fugitives are staying, working, or may be found.