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Disorderly Conduct Charges: Why getting convictions can be an uphill battle for the prosecution.

The Law Office of James Novak Team — Tue, 29 Nov 2011 15:16:50 GMT

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

Chandler Disorderly Conduct Charges

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

Arizona Disorderly Conduct Laws – Discussion

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

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

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

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

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

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

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

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

Disorderly Conduct Penalties in Arizona

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

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

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

Criminal Defense Lawyer for Disorderly Conduct Charges in Chandler AZ

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

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

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

Burglary Charges: Any type of burglary charge will expose a defendant to prison sentencing. Understand the law and the consequences before “pleading guilty”.

The Law Office of James Novak Team — Fri, 25 Nov 2011 17:45:46 GMT

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

Disorderly Conduct Charges Gilbert AZ

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

Like any arrest or criminal charges, they are not always lawful or justified. But the person arrested for disorderly conduct now faces criminal charges, and will need to get the criminal matter resolved or face potential serious consequences if convicted.

Penalties for Disorderly Conduct in Gilbert AZ

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

Class 6 Felonies are charged if the disorderly conduct involves a firearm. Disorderly Conduct Felony sentencing includes maximum penalties of up to one year in state prison, fines and fees, and a felony criminal record. Arizona Disorderly Conduct Laws Arizona Disorderly Conduct Laws are found in Title 13 of Arizona Criminal Code ARS 13-2904. An outline and summary of the law is shown below:

A person can be charged with disorderly conduct when the following applies to their conduct:

1) “With intent” someone disturbs another person, business, or other entities’ peace: or

2) “With knowledge”, of their actions, a person engages in the following behavior (s):

• Fighting; or other disruptive behavior;

• Loud music or other disruptive noise especially late evening or early am hours;

• Using offensive, disturbing, abusive language or gestures that provoke immediate retaliation by another party;

• Disruption or disturbance that lasts for an extended period of time;

• Disrupting person (s) with the intent to prevent or distract them from engaging in a lawful meeting or gathering;

• Disobedience of a lawful order to dismiss, evacuate or remove one’s self from a premises or area, for purposes of public safety; imminent danger; fire, flood, or other hazard or emergency;

• Unlawful discharge of a firearm; reckless display of a gun or other dangerous weapon.

Criminal Defense for Gilbert AZ Disorderly Conduct Charges

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

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Types of Defenses used to challenge Disorderly Conduct Charges

The Law Office of James Novak Team — Fri, 04 Nov 2011 14:05:14 GMT

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

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

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

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

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

• Fights, altercation. or other disruptive behavior;

• Unreasonably loud or disruptive noise or music;

• Offensive or abusive language or gestures which provoke another person immediately retaliate;

• Disruption or commotion lasting for an extended period of time or any physical or verbal disturbing display with the intent to prevent or distract a lawful gathering, or meeting;

• Failure to obey or adhere to a lawful or civil order to leave a premises or area issued for purposes of public safety risk of danger or peril such as fire; or other imminent hazard or emergency;

• Reckless display or discharge of a firearm, or other deadly weapon. Defenses for Tempe AZ Disorderly Conduct Charges Experienced Tempe criminal defense firms often challenge disorderly conduct charges due to their subjectivity. Their legal arguments often result in dismissal of the charges. There are many defenses that can be used to combat unjust disorderly conduct charges. Depending on the circumstances one or more of the following defenses categories may be used (Defense list not all inclusive):

• “Justification” Defenses; Self-defense; the accused was protecting a defenseless person being attacked; the accused’s conduct was an immediate reaction to being provoked, or threatened;

• “Affirmative” Defenses; A fact that prevents the prosecution from being able to prosecute the charge: Charges being brought in the wrong jurisdiction; charges were not brought within the state’s time limit for certain criminal offenses; the accused was mentally ill, and did not “intend” to cause the disruption;

• “Reasonable Doubt” Defenses; Credible and trust worthy eye witnesses have conflicting accounts of the event from the Police officer’s account; the prosecution is unable to prove beyond a “reasonable doubt” that a crime was committed by the accused; or there is no evidence, no witnesses, or no complaints made of a disturbance caused by the accused;

• “Violation of Constitutional Rights” Defenses; Right to free speech, no abusive or offensive language was used; right to assemble lawfully and peacefully; freedom to practice faith or religion without disturbance.

Why Police Make Arrests for Disorderly Conduct in Tempe

Those charged or arrested are often confused as to why they were arrested for disorderly conduct. In most cases, it has less to do with what they did, and more to do with what the police could not do. Most Tempe criminal defense attorneys agree that it is an overused charged. The police generally use it as a “catch-all” of charges, when they don’t know what else to charge someone with, but want to make an arrest. Charges sometimes follow a warning by police, but a warning by police is not required.

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

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

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DUI & Criminal Charges: How to preserve your rights; and avoid self-incrimination.

The Law Office of James Novak Team — Wed, 02 Nov 2011 15:30:43 GMT

“How good defense Attorneys in Phoenix help you avoid self-incrimination after an arrest for Phoenix DUI or Criminal Charges”

Experienced Phoenix Criminal Lawyers may disagree on a variety of topics related to criminal defense. But one thing good criminal defense lawyers will always agree on, is that you preserve your “right to remain silent” and “your right to an attorney”.

Following your arrest for Phoenix DUI or criminal charges you should not agree to be interrogated or answer any questions regarding your guilt or innocence or any other facts surrounding the Phoenix Criminal or DUI charges, until and unless your Phoenix criminal defense lawyer or Phoenix DUI Attorney is present.

An arrest for Phoenix DUI or criminal charges is a traumatic ordeal. If you can remember nothing else, once you have been arrested or taken into custody, you must remember to “Remain Silent”. Do not agree to answer questions or to be interrogated about the criminal charges without your Phoenix Defense Attorney present. Following a Phoenix DUI arrest or arrest for any other Criminal Charges, you may feel that everything is out side of your control. But there are two things that will remain within your control, unless you voluntarily give up control or waive your rights:

1. Your Right to an Attorney; and

2. Your Right to Remain Silent At the point that you are arrested, hand cuffed and taken into custody, the Phoenix Police have already made up their minds to arrest you and take you into custody. Beware, the police are taking notes of your every action and word. The Phoenix Police work closely with the Arizona Prosecution to get a conviction. So they will use whatever you do and against you if they can. There is no benefit to allowing yourself to be interrogated or questioned following your arrest or detention for the criminal or DUI charges. It can only detriment your defense. The Phoenix Police and Arizona Prosecution may appear to be sincere. They would like you to believe that their motive to “help” you in your defense. Not so – Don’t buy it. Their job is to convict you, not defend you.

You will make the Arizona Prosecution’s job easier to convict you of the crime if you allow yourself to be interrogated or questioned in absence of your Phoenix Defense Lawyer. The Police and Prosecution are elated when defendants give them narratives or allow themselves to be interrogated without their Phoenix defense attorney present following their arrest. Any information they obtain from you will be used to strengthen their case against you in order to get a conviction. You do not have to help them convict you.

Phoenix DUI and Criminal Defense Lawyers in Arizona

As soon as reasonably possible, following your arrest, you should retain representation of a private practice Phoenix DUI lawyer or Phoenix criminal defense attorney. A good Phoenix DUI lawyer, who defends Criminal and DUI charges on a regular basis, will act as a barrier between you and the Phoenix police/prosecution. An experienced criminal defense attorney will make sure your constitutional rights are protected; make sure you are treated fairly; be present during any interrogations in a more controlled environment to protect you from unfair questioning; object to or provide guidance on whether or not you are required to answer certain questions that may incriminate you or harm your defense; and begin tailoring and building a strong defense on your behalf. A good Phoenix criminal attorney or Phoenix DUI lawyer will make every effort to get your charges dismissed, in whole or in part, or reduced. Retaining an experienced Phoenix DUI attorney or criminal defense lawyer is by far, your best chance of getting your charges dismissed, or the otherwise best possible outcome in your case.

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.

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.

What is an Arraignment? What it is, and what happens if you ignore it.

The Law Office of James Novak Team — Tue, 25 Oct 2011 14:19:07 GMT

Don’t Plead “Guilty” to a Chandler DUI or Criminal Charge before Consulting a Good Chandler DUI and Criminal Attorney… Good criminal defense attorneys may be able to use certain defenses that may lead to a dismissal of your charges.

Chandler DUI or Criminal Charge – Arraignments – What to Plea

Among other reasons, the primary reason for an Arraignment is to inform the court of how you wish to plea. It is never a good idea to plead guilty to any Arizona crime or DUI or criminal charge before consulting a DUI or criminal defense attorney. Arizona has some of the toughest DUI and criminal laws and penalties in the country. You should retain an experienced AZ DUI and criminal attorney to defend you. Good criminal defense attorneys may be able to use certain defenses that may lead to a reduction or dismissal of your criminal charges. In the least you should consult a Chandler DUI or Criminal defense lawyer to get information about your charges, consequences of a guilty plea and your defense options.

Criminal Court – Arraignment for Chandler AZ Charges

For Chandler criminal or DUI charges, you will be given a complaint at some point following your arrest (if in custody) or a summons will be delivered to you (if you are not in custody). It will contain information concerning location, date and time you are required to appear at criminal court for your Arraignment. The court location for where you will be required to appear is generally determined by the nature of the charges, and jurisdiction where you were charged. Most felony arraignments are held in Arizona Superior Courts. Most misdemeanors are held in Arizona Justice Courts. However, some felonies can initially begin in a lower court such as Arizona justice courts.

Arraignment: “Failure to Appear”- Chandler DUI or criminal charges

If you have not retained a DUI or criminal defense firm, you must appear at the court location, date, and time designated. If you “fail to appear”, a warrant may be issued for your arrest under criminal code:

1) “A.R.S. 13-2506 in the second degree; classification” Failure to appear for Misdemeanor Charges;

2) “A.R.S. 13-2507 in the first degree; classification” Failure to appear for Felony Charges If you have retained a Chandler DUI or criminal defense attorney, they will give you further instructions. In many cases your defense attorney can vacate the arraignment date, through alternative legal channels so you do not have to appear in person.

What Happens at an Arraignment in Criminal Court

At your arraignment

1) the Judge will confirm your address, identity;

2) explain your rights;

3) read your formal charges;

4) advise you of the potential range of penalties if convicted;

5) find out if you plan to retain a criminal defense attorney;

6) and how you wish to plead to the DUI or criminal charge(s).

Types of Pleas that You Can Entered at Your Arraignment

There are three possible pleas to a criminal or DUI charge: “Not Guilty” – This means that you are denying guilt. In this case, the burden of proof is with prosecution to prove your guilt of the criminal charges against you. If you enter a plea of not guilty on your arraignment date, the Judge will set your case for either a pre-trial conference or a formal trial date.

“Guilty” – You admit or agreeing that you committed the act charged; that the act is prohibited by law; and that you have no legal defense for your act. The Chandler AZ Court judge will proceed with your sentencing at this time. For felonies a future date and time will be set for your sentencing hearing.

“No Contest” – This means you are not admitting you are guilty; but that you also do not wish to challenge the charges or evidence at a trial; and you will accept the conviction, sentencing and punishments of the criminal charge. The judge will proceed with your sentencing at this time. For felonies a future date and time will be set for your sentencing hearing.

If you face charges, 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 & Criminal defense Attorney, James Novak (Former Prosecutor). The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert Arizona, East Valley, AZ and surrounding cities within the Phoenix metro and Maricopa County Areas.

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

Difference between Felonies and Misdemeanors: Q. and A.

The Law Office of James Novak Team — Fri, 07 Oct 2011 14:33:30 GMT

AZ Criminal Defense Lawyer | Felony | Misdemeanor | AZ DUI Defense Q. What is the Difference between a Misdemeanor and Felony in Arizona? A. The main differences between an Arizona Misdemeanor and Felony involve the severity and nature of the crime; and of the severity and nature of the penalties. Some differences include the following:

1) Felonies are usually more serious crimes than misdemeanors; Examples of felonies include such offenses as aggravated assault, homicide, sexual abuse or rape crimes, arson, aggravated DUI, kidnapping, illegal drug sales, drug smuggling, drug manufacturing, serious drug charges and more. Felony penalties are far more severe, and usually result in life long adverse consequences if convicted. Felonies usually carry a minimum sentence of 12 months or more; Felony Charges are classified from Class 1 to Class 6, with the least severe Class 6 and the most severe, categorized as Class 1 felonies. Class 1 felonies carry sentences that range from 25 years to life in prison or a death penalty. These are reserved for the most serious of charges such as homicide.

2) Misdemeanor charges are generally less serious. Examples include criminal trespassing, theft of property below a certain value, non-aggravated DUI, underage drinking, possession of drug paraphernalia, possession of Marijuana for personal use, and more. In addition to other penalties including fines, fees, costs, probation, and other punishments, they carry maximum jail sentences of less than one year;

Q. Does the Sentencing by the Judge differ with Felonies verses Misdemeanors?

A. Yes. If convicted of misdemeanor charges, the judge will usually make a determination of sentencing on the same day as the conviction of the guilty verdict, by trial or guilty plea by defendant.

For Arizona felony convictions, the judge usually requests a pre-sentence report to be completed and will schedule sentencing for generally 30 days or following the guilty verdict. You have the right to have your views included in the pre-sentence report. The defendant has the right to complete a Victim Impact Statement questionnaire or letter to be included in the pre-sentence report for the judge to review.

Q. Which Court will I need to go to if charged with a Felony or Misdemeanor in Arizona?

A. The court which a case will be heard should be documented on the complaint you received at the time you were charged, or following your arrest. It will include the name of the court, date, and time, for which you will be required to appear.

In general, Misdemeanor charges are usually handled in the Arizona Justice, Municipal or City Courts where the charges for issued. For example, if you live in Tempe Arizona, but you received a non-aggravated DUI charge in Phoenix AZ your case will be schedule for hearing in Phoenix Arizona.

Felony Charges in Arizona are usually handled in Superior court. However felony preliminary hearings can sometimes be held in the lower courts.

Q. Who Should I Hire to Defend Me for Felony for Arizona Misdemeanor Charges?

A. If you face either a criminal misdemeanor or felony charges, you should contact a licensed AZ DUI or AZ Criminal Defense Attorney as soon as possible. Most criminal lawyers defend both Felony and Misdemeanor DUI charges. Start with consulting an experienced criminal attorney who defends charges regularly in the city or jurisdiction where your received the charges. They will provide you with information concerning the charges and your defense options. Most criminal and DUI attorneys will provide you with a free consultation by phone or in person at their discretion.

Q. What Should I look for to find a good Felony or Misdemeanor Defense Lawyer?

A. In Arizona, both Felony and Misdemeanor Charges are serious. A good DUI & Criminal Defense Attorney should have years of DUI and criminal defense experience and a significant amount of trial experience. Many of the best criminal defense attorneys in Arizona are former prosecutors. This provides you with an advantage for your defense for many reasons: they are familiar with the courts, judges, prosecution, procedures, and the entire criminal justice processes. You want a DUI or criminal lawyer up to date on current laws and changing legislation in Arizona relating to criminal and DUI charges. Make sure your Attorney will be accessible and open to direct communication for answers to any and all questions you may have. A proven Arizona criminal lawyer will do everything possible to attempt to get your charges dismissed, reduced or the otherwise best outcome in your case.

Arraignment: Never ignore your Arraignment. Find out what happens if you do not appear, and how it can be used as the first step in your defense.

The Law Office of James Novak Team — Tue, 27 Sep 2011 14:39:12 GMT

Don’t Plead “Guilty” to a Mesa DUI or Criminal Charge before Consulting a Good Mesa DUI and Criminal Defense Attorney. Experienced criminal lawyers may be able to use certain defenses that may lead to a dismissal of your charges.

Pleading Guilty verses Not Guilty to Mesa DUI or Criminal Charges

Among other reasons, the primary reason for an Arraignment is to inform the court of how you wish to plea. Among other reasons, the primary reason for an Arraignment is to inform the court of how you wish to plea.

You should not plead guilty to a Mesa DUI or criminal charge before consulting a DUI or criminal defense attorney. Arizona has some of the strictest DUI laws, criminal laws, and penalties for conviction in the USA. Your best chance at getting a good outcome in your matter is to retain a good AZ DUI or Mesa criminal lawyer to defend you. Experienced criminal defense attorneys know, and may be able to use certain defenses that may lead to a reduction or dismissal of your criminal charges. In the very least you should consult a Mesa DUI or Criminal defense lawyer to get information about your charges, consequences of a guilty plea and your defense options.

Arraignments in Criminal Court in Mesa AZ

For Mesa AZ criminal or DUI charges, you will be given a complaint at some point following your arrest (if in custody) or a summons will be delivered to you (if you are not in custody). It will contain information concerning location, date and time you are required to appear at criminal court for your Arraignment.

The court location for where you will need to appear is usually based on the nature of the charges, and jurisdiction where you were charged. Most felony arraignments are held in Superior Courts in Arizona. Most misdemeanors are held in Justice Courts in Arizona, such as Mesa Justice Court. However, some felonies can initially begin in the lower courts in Arizona.

“Failure to Appear” for Your Arraignment for Mesa Criminal Charges

If you have not retained a private DUI or criminal defense lawyer, you must appear at the criminal court location, date, and time as scheduled. If you “fail to appear”, a bench warrant may be issued for your arrest under Arizona Law as follows:

1) “A.R.S. 13-2506 in the second degree; classification” Failure to appear for Misdemeanor Charges;

2) “A.R.S. 13-2507 in the first degree; classification” Failure to appear for Felony Charges If you have retained a Mesa DUI or criminal defense attorney, they will give you further instructions. In some cases, your Mesa criminal lawyer can vacate the arraignment date and providing the court with the required information on your behalf through alternative legal channels. In this event, you do not have to appear in person for the arraignment.

What Happens at an Arraignment in Criminal Court

Among other reasons, the primary purpose of your Arraignment is to inform the court of how you wish to plea to the Mesa criminal or DUI charges. You can also expect the some or all of the following events to happen as well: the court will also confirm your identity and current contact information; explain your rights; read your formal charges; advise you of the potential range of penalties if convicted; find out if you plan to retain a criminal defense attorney.

Types of Pleas that can be entered at an Arraignment

There are three possible pleas to a criminal or DUI charge:

“Not Guilty” – This means that you are denying guilt. In this case, the burden of proof is with prosecution to prove your guilt of the criminal charges against you. If you enter a plea of not guilty on your arraignment date, the Judge will set your case for either a pre-trial conference or a formal trial date.

“Guilty” – You admit or agreeing that you committed the act charged; that the act is prohibited by law; and that you have no legal defense for your act. The Mesa AZ Court judge will proceed with your sentencing at this time. For Felony charges they will usually set a new date and time in the near future for a hearing concerning your sentencing.

“No Contest” – This means you are not admitting you are guilty; but that you also do not wish to challenge the charges or evidence at a trial; and you will accept the conviction, sentencing and punishments of the criminal charge. The judge will proceed with your sentencing at this time. For Felony charges they will usually set a new date and time in the near future for a hearing concerning your sentencing.

If you face criminal or DUI charges, 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 & Criminal defense Attorney, James Novak (Former Prosecutor). The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert Tempe Arizona, East Valley, AZ and surrounding cities within the Phoenix metro and Maricopa County Areas.

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

DUI Arraignment: Find out how to plea at your Arraignment if you wish to invoke your right to defend your DUI charges.

The Law Office of James Novak Team — Thu, 01 Sep 2011 13:33:40 GMT

Don’t Plead “Guilty” to Scottsdale DUI or Criminal Charges Until Consulting a Good Scottsdale DUI Defense or Criminal Defense Lawyer. Experienced criminal & DUI attorneys may be able to use certain defenses, you are not aware of, that will lead to a dismissal of your charges.

Arraignments: Pleading guilty or “not guilty” to Scottsdale DUI or Criminal Charges

Among other reasons, the primary purpose of an Arraignment in criminal court is for you to inform the court on how you wish to “plea” in your Scottsdale Dui or Criminal Charges. It is never a good idea to enter a guilty plea for Scottsdale DUI or criminal charges before consulting a DUI or criminal attorney who defends Scottsdale DUI and criminal charges. No matter how serious the DUI or criminal charge, you should not waive this important right. By law you still have the right to defend and challenge the charges. With retention of a qualified DUI or Criminal Lawyer in Scottsdale defending you, the chances of getting a good outcome in your case increase significantly. Experienced criminal defense and Scottsdale DUI lawyers may be able to utilize certain defenses that will lead to a reduction or dismissal of your criminal charges. In the very least you should consult a Scottsdale DUI or Criminal defense lawyer to discuss your charges and defense options.

Arraignment Locations for Criminal Court for Scottsdale DUI or Criminal Charges

Following your arrest or detention in Scottsdale for criminal or DUI charges, you will be given a complaint (if you are still in custody) or a summons will be delivered to you (if you are not in custody) It should include the location, date and time you will be required to appear for your Arraignment in criminal court. The court where you will be required to appear is usually based on the nature of the charges (felony or misdemeanor), and jurisdiction where you were charged. Most felony arraignments are held in Superior Courts in Arizona. Most misdemeanors are held in Justice Courts in Arizona, such as Scottsdale Justice Court. However, some felonies can initially begin in the lower courts in Arizona.

Consequences for “Failure to Appear” for your Arraignment for Scottsdale DUI or Criminal Charges

If you have not retained a private DUI or criminal defense lawyer, you must appear at the criminal court location, date, and time scheduled. Be sure you are there early. If you fail to appear, a bench warrant may be issued for your arrest by the criminal court Judge, by authority of Arizona Law:

1) “A.R.S. 13-2506 in the second degree; classification” Failure to appear for Misdemeanor Charges;

2) “A.R.S. 13-2507 in the first degree; classification” Failure to appear for Felony Charges If you have retained a Scottsdale DUI or criminal defense firm, they will give you further instructions. In some cases, your Scottsdale criminal defense lawyer or DUI attorney can vacate the arraignment date and provide what the court needs through alternative legal channels. In that case, you would be advised by your attorney that you need not be present for the arraignment in court. You should contact him or her to confirm the need for you to appear or not to be present, if you are unsure.

What Happens at the Arraignment in Criminal Court

Among other reasons, the primary purpose of your Arraignment is to advise the court of how you wish to plea the crime that you have been accused of committing in Scottsdale AZ. You can also expect the some or all of the following events to happen: the court will confirm your identity, current address and other contact information; explain your rights; read your formal charges; advise you of the potential range of penalties if convicted; find your intent of retaining or not being represented by a criminal defense attorney for your Scottsdale DUI or criminal charges.

Types of Pleas that can be Entered at an Arraignment

There are three possible pleas to a criminal or DUI charge:

“Guilty” – You admit or agreeing that you committed the act charged; that the act is prohibited by law; and that you have no legal defense for your act. The Scottsdale AZ Court judge will proceed with your sentencing at this time. If you enter a plea of not guilty on your arraignment date, the Judge will set your case for either a pre-trial conference or a formal trial date.

“No Contest” – This means you are not admitting you are guilty; but that you also do not wish to challenge the charges or evidence at a trial; and you will accept the conviction, sentencing and punishments of the criminal charge. The judge will proceed with your sentencing at this time. If you enter a plea of not guilty on your arraignment date, the Judge will set your case for either a pre-trial conference or a formal trial date.

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 & Criminal defense Attorney, James Novak (Former Prosecutor). The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert Arizona, East Valley, AZ and surrounding cities within the Phoenix metro and Maricopa County Areas.
This blog has been posted for general public informational purposes only. All articles by this author are intended to raise awareness and generate discussion on a variety of Arizona State Law issues and topics. Note that Arizona legislation, laws, criminal code and AZ DUI & criminal laws and penalties frequently change. If you have any active criminal or DUI or criminal defense matters related to this topic, it is important that you consult or hire an Arizona criminal or AZ DUI or criminal defense law firm in the jurisdiction of Arizona where you received your charges of up to date information on the laws, penalties and defense options.

Criminal Court Arraignment: The purpose of an Arraignment is for the defendant to inform the court their Plea. Find out how to Plea to preserve your right to retain criminal defense.

The Law Office of James Novak Team — Wed, 17 Aug 2011 13:33:40 GMT

Don’t Plead “Guilty” to DUI or Criminal Charge before Consulting a Good DUI and Criminal Attorney who defends Tempe AZ DUI and Criminal Charges

Guilty verses Not Guilty plea to Tempe DUI or Criminal Charges

Among other reasons, the primary purpose of an Arraignment in criminal court is for you to inform the court on how you wish to “plea”. It is never a good idea to plead guilty to any Arizona crime or DUI or criminal charge before consulting a DUI or criminal defense attorney. Arizona has some of the toughest DUI and criminal laws and penalties in the country. You should retain an experienced Arizona DUI and criminal attorney to defend you. Good criminal defense attorneys may be able to use certain defenses that you were not aware of. These defenses may lead to a reduction or dismissal of your DUI or criminal charges. In the least you should consult a Tempe Criminal or DUI lawyer to discuss your charges, consequences of a guilty plea and your defense options.

Arizona Criminal Court – Arraignment Location

With regard to Tempe criminal or DUI charges, you will be given a complaint (if you are in custody or delivered a summons (if you are not in custody). This document will provide instructions for your Arraignment location, date and time you are required to appear in court for your Arraignment.

The court location for which you are required to appear is generally determined by the nature of the charges, and jurisdiction where you were charged. Most felony arraignments are held in Arizona Superior Courts. Most misdemeanors are held in Arizona Justice Courts. However, some felonies can initially begin in a lower court such as Arizona justice courts. Each city has its designated criminal courts for felony arraignments and misdemeanor arraignments will be heard.

Criminal or DUI Arraignment in Tempe

With regard to your Arraignment, If you have not retained a DUI or criminal defense lawyer, you must appear at the court location, date, and time scheduled. If you fail to appear, a bench warrant may be issued for your arrest under criminal code:

1) “A.R.S. 13-2506 in the second degree; classification” Failure to appear for Misdemeanor Charges;

2) “A.R.S. 13-2507 in the first degree; classification” Failure to appear for Felony Charges If you have retained a Tempe DUI or criminal attorney, they will give you further instructions about whether or not you need to appear for the arraignment on the pre-scheduled date. In many cases your defense attorney can vacate the arraignment date, through alternative legal channels so you do not have to appear in person.

What Happens at an Arraignment in a Tempe Criminal Courts

Among other reasons, the primary purpose of your Arraignment is to advise the court of how you wish to plea to the criminal or DUI charges. You can also expect the some or all of the following items to take place: the court will also confirm your identity and current contact information; explain your rights; read your formal charges; advise you of the potential range of penalties if convicted; find out if you plan to retain a criminal defense attorney.

Types of Pleas that can be Entered into at Your Arraignment

There are three possible pleas to a criminal charge: “Not Guilty” – This means that you are denying guilt. In this case, the burden of proof is with prosecution to prove your guilt of the criminal charges against you. If you enter a plea of not guilty on your arraignment date, the Judge will set your case for either a pre-trial conference or a formal trial date.

“Guilty” – You admit that you committed the act charged in the complaint(s)l that the act is prohibited by law; and that you have no legal defense for your act. For Misdemeanor charges, the Tempe AZ Court judge will usually proceed with your sentencing at this time. For Felony charges they will usually set a new date and time in the near future for a hearing concerning your sentencing.

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

How to get Release Conditions Modified

The Law Office of James Novak Team — Wed, 03 Aug 2011 13:47:12 GMT

How Top Rated Gilbert AZ Criminal Defense Attorneys Get Your Release Conditions Modified (Pre-trial)

After your Gilbert AZ DUI or Criminal arrest and detention you will be required to have an initial appearance before the Gilbert Court Judge. The judge will read you your rights, formal charges, and advise you of your pre-trial release conditions. The primary purposes of court in setting release conditions is to 1) secure a defendant’s appearance for future court dates or trial, 2) and to make sure the defendant’s release does not pose a threat or harm to others in the community.

The Gilbert AZ Court takes into account many factors in making this decision including classification of the charge such as a misdemeanor or felony; severity and nature of the charges; if the charges involved a violent crime; your past criminal record if any; whether or not you are a potential “flight risk”; along with other standard release conditions and factors.

The release conditions should be commensurate with the criminal charge. The release conditions should not be unjust, or unreasonable based on what offense you are accused of committing. For example, if a financially burdened defendant, with no prior criminal record was arrested for stealing a loaf of bread, without any weapons or threat of harm to anyone in the store, it would be outrageous for the judge to require him to post a $500,000.00 bail bond in order to be released from custody. If the release conditions seem overly harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney.

A good criminal defense attorney who defends charges regularly in Gilbert AZ court will immediately file a motion to request modification of your pre-trial release conditions. This can be done immediately while you are in custody. Either you or someone on your behalf can consult a Gilbert criminal defense lawyer to discuss the charges, defense options, and services your Attorney can provide involving a request to modify your pre-trial release conditions from custody in Gilbert AZ. This service by your private attorney is usually done as part of the entire retention and formal defense process.

Modifications of release conditions requested by your criminal attorney will depend upon on the initial release conditions were ordered by the judge, the crime you are being accused of committing, and other factors. Some modifications your Gilbert Criminal Attorney may request include but are not limited to lowering the bail bond to a reasonable amount; allowing you to be released on your own recognizance; allow an appearance bail, or allow you to be released to another responsible entity’s custody, home confinement with ankle bracelet security, and other more favorable conditions than initially ordered by the Gilbert Court Judge.

When you meet with the Criminal Defense Attorney who will be defending your criminal charges and requesting modification of your release conditions, be sure you communicate in detail your concerns about the initial orders and how they will impact you, your family, your job, your financial situation.

Your Gilbert criminal defense attorney will immediately formulate compelling arguments and file the appropriate motions with the Gilbert court on your behalf. Your chances of getting your pre-trial release conditions modified with the retention of a good private practice criminal attorney who defends charges in Gilbert frequently significantly increase for your to get your release conditions modified to be more reasonable and in your favor.

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.

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

“Probable Cause” for Arrest: If police did not have “probable cause” to arrest you, then the arrest was unlawful.

The Law Office of James Novak Team — Mon, 11 Jul 2011 13:29:55 GMT

“No Probable Cause to Arrest”

If the Phoenix police did not have “probable Cause to Arrest” the arrest was unlawful. An illegal arrest can lead to a dismissal of your Criminal or DUI charges If you are arrested in Phoenix AZ for a DUI or Criminal charge, an experienced Phoenix DUI or Criminal Defense Attorney will tell you that the burden of proof is shifted to the police to justify probable cause. This standard is a higher level, or more difficult to achieve, than that of t and more strict than “reasonable suspicion” to stop, as for example in the case of an AZ DUI stop. You should consult an Arizona criminal defense or DUI attorney as soon as possible to discuss your options and defenses.

If it is determined that no probable cause existed for your Phoenix Arizona Arrest then the arrest was in violation of your constitutional rights, the DUI or criminal charges resulted from an unlawful arrest and should dismissed. This constitutional right is part of the Fourth Amendment of The United States Constitution. This defense is used frequently in the case of “search and seizures” of property or person related to drug, alcohol, or other suspected criminal activity by the police.

If you hire a good criminal defense or DUI attorney who practices frequently in Phoenix AZ, they will immediately begin to gather and examine evidence on your case. If the attorney finds feels there was no justifiable “Probable Cause to Arrest” you, then an evidentiary hearing will be requested to challenge this critical weakness by the Prosecution. Sometimes the evidence the officer used is of a subjective nature making it more easily challenged. The prosecution will generally argue its case at that time for the state. If necessary your criminal defense attorney or DUI lawyer will draft and file a motion to dismiss your charges completely for prior to your DUI or criminal charge arrest Put simply, if the judge rules there was “no probable cause for arrest”, then any and events that occurred after then is to be considered irrelevant. This usually leads to a case dismissal of the charges.

Good Phoenix Criminal Attorney never underestimates the power details you provide and identifies crucial defenses on your behalf from many of those details. Make sure you hire a Criminal Defense Attorney who practices frequently in Phoenix Arizona, who has a great amount of defense and litigation experience, and with whom you have an open and frequent line of communication. The sum of these factors can lead you to a total case dismissal, reduction of charges or the best possible outcome in your case.

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

Felony Charges: Felony charges will expose you to harsh Mandatory Sentencing Guidelines. Find out why you should not plead guilty without qualified legal representation.

The Law Office of James Novak Team — Thu, 07 Jul 2011 13:38:57 GMT

AZ Felony Mandatory Sentencing Guidelines

Despite AZ “Mandatory Sentencing” Laws, a good AZ criminal defense lawyer may still be able to get your Tempe felony or Tempe DUI charges dismissed. If that is not possible they will labor to get a reduction in charges from a felony subject to “Mandatory Sentencing Guideline down to a “Standard Felony”. This would allow you to avoid prison, and be eligible for probation.

Felony Charges

If you were arrested for felony charges in Tempe AZ. you should consult a good Tempe criminal lawyer to discuss your charges and defense options as soon as possible. Know that just because you were charged with a felony, does not mean you will automatically be convicted. There is a lot of room for challenging felonies. But it means you will need to hire a private practice AZ criminal defense lawyer to defend you. Arizona has some of the toughest penalties for felony convictions in the country. A conviction can expose you to harsh punishments such as lengthy jail time; long prison terms; restitution; exorbitant fines; probation with interlock monitoring device (ankle bracelets); and a felony criminal record that will following you for years into the future.

Tempe Arizona “Mandatory Sentencing Laws” for Felony Charges

In the state of Arizona, certain felony charges including but not limited to dangerous, violent crimes; sex crimes; assaults involving use of a deadly weapon; assault and battery with a weapon; armed robbery; or repeat offenses; are subject to Arizona’s Mandatory Sentencing Laws referred to under A.R.S. 13-601 and A.R.S. 13-701. If convicted of particular felonies, you will not be eligible for probation as an alternative to jail or prison. Rather, you will be required to serve a prison term within a certain range for that crime. The AZ judge also has authority at their discretion to order a more severe punishment depending on the circumstances surrounding the felony charges. Despite Arizona’s Mandatory Sentencing Laws, it is not uncommon for a good Arizona criminal defense lawyer to get more favorable outcomes such as acquittals; dismissal of all or a portion of the charges; reduction in charges to a “Standard Felony”, thereby avoiding prison, and allowing the defendant to be eligible for probation.

Tempe Criminal Lawyer – Defense for Felony Criminal Charges

It is critical that you hire a good felony defense or felony DUI area who is an experienced litigator, with a proven and successful defense track record. Top criminal lawyers who defend felony criminal and DUI charges in Tempe understand that a good defense has two extremely critical points to target in order to get you the best outcome possible:

1) The Defense: Gathering Evidence, filing early procedure motions in your defense, attending conferences and hearings, hiring experts, having DUI blood evidence retested, and using all opportunities to challenge evidence in order to suppress it; building a strong defense case, and attempting to get the felonies dismissed, or an acquittal.

2) The Sentencing Stage: If a dismissal of charges can not be achieved, then a good private criminal attorney will fight hard to ensure that you will get the best possible outcome in your case. This involves active plea efforts by your attorney including the presentation and argument of mitigating factors, evidence and reasons why you deserve a lesser charge and/or reduced sentencing on your behalf.

Bottom line, your best chance at getting a felony acquittal, dismissal or otherwise good outcome, is to hire the best Arizona criminal defense or AZ felony DUI lawyer you can find.

If you have been arrested for DUI or any criminal charges either Misdemeanor or Felony 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. . 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 Phoenix, Chandler, Tempe, Gilbert, Mesa, Scottsdale Phoenix Metro, and central Phoenix and Phoenix East Valley cities in Maricopa Count.

Release Conditions: How to get harsh criminal release conditions modified.

The Law Office of James Novak Team — Tue, 28 Jun 2011 13:32:14 GMT

How Top Rated Mesa AZ Criminal Defense Attorneys Get Your Release Conditions Modified (Pre-trial)

After your Mesa AZ DUI or Criminal arrest and detention you will be required to have an initial appearance before the Mesa AZ Court Judge. The judge will read you your rights, formal charges, and advise you of your pre-trial release conditions. The primary purposes of court in setting release conditions is to 1) secure a defendant’s appearance for future court dates or trial, 2) and to make sure the defendant’s release does not pose a threat or harm to others in the community.

The Mesa Arizona Court takes into account many factors in making this decision including classification of the charge such as a misdemeanor or felony; severity and nature of the charges; if the charges involved a violent crime; your past criminal record if any; whether or not you are a potential “flight risk”; along with other standard release conditions and factors.

The release conditions should be commensurate with the criminal charge. The release conditions should not be unjust or unreasonable based on the crime you are accused of committing. For example, if a financially burdened defendant, with no prior criminal record was accused of shoplifting milk and a loaf of bread, without any weapons or threat of harm to anyone in the store; it would be outrageous for the judge to require him to post a $750,000.00 bail bond in order to be released from custody. If the release conditions seem overly harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney.

An experienced private criminal defense attorney who defends charges regularly in Mesa AZ court will immediately file a motion to request modification of your pre-trial release conditions. This can be done immediately while you are in custody. Either you or someone on your behalf can consult a Mesa criminal defense lawyer to discuss the charges, defense options, and services your Attorney can provide involving a request to modify your pre-trial release conditions from custody in Mesa AZ. This service by your private attorney is usually done as part of the entire retention and formal defense process.

Examples of modifications your Mesa criminal defense Attorney may request include but are not limited to lowering the bail bond to a reasonable amount; allowing you to be released on your own recognizance; allow an appearance bail, or allow you to be released to another responsible entity’s custody (for example a minor being released to the parents of the minor) home confinement with ankle bracelet security, and other more favorable conditions than initially ordered by the Mesa Court Judge.

When you discuss your case and initial release conditions with your Mesa Criminal or DUI Defense Attorney, be sure you communicate your concerns about the initial orders and how they will impact you, your family, your job, your financial situation. Your Mesa criminal defense attorney will immediately formulate compelling arguments and file the appropriate motions with the Mesa court on your behalf, in most cases while you are still in custody if you have retained them formally for legal representation.

Your chances of getting your pre-trial release conditions modified with the retention of a good private practice criminal attorney who defends charges in Mesa frequently significantly increase in your favor.

Mandatory Sentencing Laws: Types of felony charges that are subject to harsh Mandatory Sentencing Guidelines.

The Law Office of James Novak Team — Mon, 20 Jun 2011 13:45:32 GMT

AZ Felony Mandatory Sentencing Guidelines

Despite Arizona’s “Mandatory Sentencing” laws and guidelines for certain felonies a good AZ criminal defense lawyer may still be able to get your felony charges partially or completely dismissed. In alternative they may be able to fight for a reduction in charges to a “Standard Felony” or even a misdemeanor. This reduction in charges means you would avoid prison; thus allowing you to be eligible for probation instead.

Scottsdale AZ Felony Charges

If you are facing felony charges in Scottsdale AZ. you should do whatever it takes to hire the best Scottsdale criminal defense lawyer possible to defend you. Being charged with a felony does not make you “guilty”. By law you are entitled to a defense. Your best chance at a good outcome is to use a private practice AZ criminal defense attorney who defends Scottsdale felonies on a regular basis.

Felony Penalties for Scottsdale Felony Convictions

Arizona has some of the toughest punishments for felony convictions in the country. Because of these harsh penalties, usually most people have too much to lose to accept a conviction. This particularly the case if you felony conviction falls within the category of Arizona’s “Mandatory Sentencing Laws”. This is why it is so important to hire a good Scottsdale criminal defense attorney.

Such felony conviction penalties under “Mandatory Sentencing Laws” make you ineligible for probation. If convicted, you will be exposed to long prison terms within a certain range for the crime; exorbitant fines; probation with interlock monitoring device (ankle bracelets); and a felony criminal record that will following with adverse impacts on your life for many years. The Arizona judge also has authority to order more severe punishments depending on the circumstances surrounding the felony charges.

Types of Felonies That Subject to AZ “Mandatory Sentencing Laws”

In the state of Arizona, certain felony charges are subject to Arizona’s Mandatory Sentencing Laws referred to under A.R.S. 13-601 and A.R.S. 13-701. These charges including, but are not limited to the following:

1) Dangerous, violent crimes;

2) Sex crimes and assault;

3) Assaults involving use of a deadly weapon;

4) Assault and battery with a weapon; 5) Armed robbery; or repeat offenses;

Defense Lawyers in Scottsdale AZ for Felony Criminal Charges

It is critical for you to hire the best criminal defense or felony DUI lawyer possible; preferably an experienced litigator, with a proven successful defense record. There are two primary opportunities that top Scottsdale Defense Lawyers will use to achieve the best outcome of getting an acquittal, charges dismissed, or sentencing reduced.

1) The Defense Stage: Gathering Evidence, filing early procedure motions, participating in conferences and hearings, hiring experts, having DUI chemical evidence retested, challenging weak evidence, looking for reasons to get flawed evidence suppressed; deciding on a winning defense strategy based on the facts.

2) The Sentencing Stage: If there is no chance of getting the charges dismissed based on the strength of the prosecutions evidence, then your defense attorney will shift to the next stage which is sentencing. Your Scottsdale criminal lawyer will present mitigating factors (facts that are in your favor), exculpatory evidence, and reasons why you deserve a lesser charge or reduced sentence.

Felony Convictions: Crimes Subject to Mandatory Sentencing Guidelines

The Law Office of James Novak Team — Thu, 16 Jun 2011 13:35:28 GMT

AZ Felony Mandatory Sentencing Guidelines

Even for Arizona’s “Mandatory Sentencing” laws and guidelines for certain felonies, a good AZ criminal defense lawyer may still be able to get your felony charges partially or completely dismissed. In alternative they may be able to fight for a reduction in charges to a “Standard Felony” or even a misdemeanor. This reduction in charges could mean you would avoid prison; thus allowing you to be eligible for probation instead.

Mesa AZ Felony Charges

If you were arrested for felony charges in Mesa AZ. you should hire the best Mesa criminal defense lawyer possible to defend you. A criminal charge is far from a conviction. Being charged with a felony does not make you “guilty”. By law you are entitled to a defense. Your best chance at a good outcome is to use a private practice AZ criminal defense attorney who defends Mesa felonies on a regular basis.

“Mandatory Sentencing” Penalties | AZ Felony Convictions

Arizona State Law is strict and harsh on felony convictions. As a result, most people have too much to lose to accept a conviction. This is particularly the case if the felony conviction falls within the category of Arizona’s “Mandatory Sentencing Laws”. Such felony conviction penalties under “Mandatory Sentencing Laws” make you ineligible for probation. If convicted, you will be exposed to long prison terms within a certain range for the crime; exorbitant fines; probation with interlock monitoring device (ankle bracelets); and a felony criminal record that will following with adverse impacts on your life for many years. The Arizona judge also has authority to order more severe punishments depending on the circumstances surrounding the felony charges.

Types of Felonies That Subject to AZ “Mandatory Sentencing Laws”

In Arizona, certain felony charges are subject to Arizona’s Mandatory Sentencing Laws referred to under A.R.S. 13-601 and A.R.S. 13-701. These charges including, but are not limited to the following:

1) Dangerous or violent crimes;

2) Sexual assault or other violent assault crimes;

3) Assault with use of a deadly weapon;

4) Assault and battery with a weapon;

5) Armed robbery

6) Repeat offenses;

Defense Lawyers in Mesa AZ for Felony Criminal Charges

It is critical for you to hire the best criminal defense lawyer possible; preferably an experienced litigator, with a proven successful defense and trial record. There are two primary stages during the criminal justice process that top Mesa Defense Lawyers use to achieve the best outcome of getting an acquittal, charges dismissed, or sentencing reduced.

1) The Defense Stage: Gathering Evidence; filing early procedure motions; participating in pre-trial conferences and hearings, hiring experts; having DUI chemical evidence retested; deposing or interviewing witnesses including the police; challenging weak evidence; looking for reasons to get flawed evidence suppressed; deciding on a winning defense strategy based on the facts.

2) The Sentencing Stage: If there is no chance of getting the charges dismissed based on the strength of the prosecutions evidence, then your defense attorney will shift to the next stage which is sentencing. Your Mesa criminal lawyer will present mitigating factors (facts that are in your favor), exculpatory evidence, and reasons why you deserve a lesser charge or reduced sentence.

Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information. The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within the Greater Phoenix, Maricopa County cities including Phoenix, Chandler, Tempe, Gilbert, Mesa, Scottsdale Phoenix Metro, and central Phoenix and Phoenix East Valley cities in Maricopa Count.

Differences between Standard Sentencing and Mandatory Sentencing Laws

The Law Office of James Novak Team — Fri, 10 Jun 2011 13:38:23 GMT

Felony Mandatory Sentencing

Despite Arizona’s “Mandatory Sentencing Laws” it is still possible for good Arizona criminal defense lawyer to get your DUI dismissed or a reduction in charges for “Standard Felony sentencing”. This would enable you the defendant to be eligible for probation instead of prison time.”

Felony Charges in Phoenix

If you face active felony charges in Phoenix you will need to hire a well qualified criminal defense attorney as soon as possible. Keep in mind, that just because you were arrested or charged with a felony, it does not mean you will automatically be convicted. There is a lot of room for challenging felonies. But you must hire a good AZ criminal defense lawyer to represent you. Arizona has some of the toughest penalties for felony convictions in the country. A Phoenix felony conviction can expose you to harsh punishments such as lengthy jail time; life long prison terms; restitution; exorbitant fines; probation with interlock monitoring device (ankle bracelets); and a felony criminal record that will haunt you for years into the future.

Arizona “Mandatory Sentencing Laws” for Felony Charges

For more than 30 years, certain felony charges including but not limited to dangerous, violent crimes; sex crimes; assaults involving use of a deadly weapon; assault and battery with a weapon; armed robbery; or repeat offenses; have been subject to Arizona’s Mandatory Sentencing Laws A.R.S. 13-601 and A.R.S. 13-701. If convicted of certain felonies, you will not be eligible for probation. Instead, you will be sentenced to a prison term within a certain range for that crime. The Arizona judge does have authority to use discretion to order a more aggravated sentences based on the circumstances surrounding the felony charges.

Despite Arizona’s Mandatory Sentencing Laws, it is not uncommon for a good Arizona criminal defense lawyer to get more favorable outcomes such as a dismissal of charges, reduction in charges to a “Standard Felony” to avoid prison, and allow the defendant to be eligible for probation.

Phoenix Criminal Defense Lawyer for felony criminal and DUI charges

It is important that you hire a good felony defense attorney who is 100% devoted to criminal and DUI defense, with a proven and successful defense track record. Top criminal lawyers who defend felony criminal and DUI charges in Phoenix understand that a defense has two extremely critical points in which to get you the best outcome.

1) The Defense: Defending the client in every aspect of the case, and using all opportunities to challenge evidence in order to suppress it; building a strong defense case, and attempting to get the felonies dismissed, or an acquittal.

2) The Sentencing Stage: If a dismissal of charges can not be achieved, then a good private criminal attorney will fight hard to ensure the best possible outcome that imposes the least impact on your life. This involves active plea efforts by your attorney including the presentation of mitigating factors, reasons, evidence of why you deserve a lesser charge and/or reduced sentencing.

Bottom line, your best chance at getting a felony acquittal, dismissal or otherwise good outcome, is to hire the best Arizona criminal defense or AZ felony DUI lawyer you can find.

Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information. .The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within the Greater Phoenix, Maricopa County cities including Phoenix, Chandler, Tempe, Gilbert, Mesa, Scottsdale Phoenix Metro, and central Phoenix and Phoenix East Valley cities in Maricopa Count.

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.

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

Felony Classifications: How Felony offenses are classified

The Law Office of James Novak Team — Fri, 27 May 2011 13:28:30 GMT

Top AZ criminal defense and DUI lawyers agree that early retention is a major factor in getting your felony charges dismissed or other successful outcome in your case.

Arizona Felony Charges

If you face active AZ felony charges, you already know it is serious. Keep in mind, if you have just recently been arrested or charged, that it does not mean you were “convicted”. There is a lot of room for challenging felonies. But you must hire a good AZ criminal defense lawyer to represent you. Arizona has some of the toughest penalties for felony convictions in the country. A conviction can expose you to harsh punishments such as lengthy jail time; life long prison terms; restitution; exorbitant fines; probation with interlock monitoring device (ankle bracelets); and a felony criminal record that will haunt you for years into the future. Your best chance at getting your case dismissed, or otherwise good outcome, is to retain a good Arizona criminal defense or AZ felony DUI lawyer.

Felony Classifications – AZ Felony DUI Laws | Felony Criminal Laws

Arizona Classifications can be found by at the Arizona Legislature Website under A.R.S 13-601, a under “Classification of offenses.” Basically, Arizona distinguishes felonies into 6 classifications: Class 1 through Class 6 with Class 1 being the most serious charges. Class 1 felonies usually involve violent crimes, or crimes involving use of a deadly weapon. All AZ felonies are serious. The severity of the sentencing is usually commensurate with the severity of crime. These are detailed at A.R.S. 13-701. Sentence of imprisonment for felony; presentence report; aggravating and mitigating factors; consecutive terms of imprisonment; definition,. Even the lesser of felony penalties can overwhelmingly effect your life, including your freedom, future, driving privileges, current job, or ability to obtain a future job, credit and more. This is true even for or a Class 6 felony, and should be taken very seriously. Each class has a minimum and maximum range. If convicted of a felony in Arizona, the judge decides what punishments within that range are will to apply. But they also have authority to order more serious penalties and sometimes lesser penalties outside of the minimums and maximums. The judge considers many factors in making this decision including facts and nature of the crime, first time or repeat offender, and other criteria.

AZ Criminal Defense Lawyer for felony Charges

It is important that you hire a felony defense attorney who is 100% devoted to criminal and DUI defense. A good AZ criminal lawyer will make sure your rights are protected; conduct their own investigation; try to obtain exculpatory evidence (evidence in your favor); challenge evidence the prosecution plans to use against your; look for flaws or weaknesses in the prosecution’s case; present compelling arguments about these issues; file defense motions on your behalf; and guide you through the processes of the Arizona criminal justice system; Good AZ felony defense lawyer will exhaust all avenues possible, to try to gain a dismissal of your felony charges, a reduction of charges and sentencing or the otherwise best outcome possible in your case. The longer you wait to hire a private attorney, the more difficult it is for your felony criminal or DUI lawyer to build a winning defense. Top AZ criminal defense and DUI lawyers agree that early retention is a major factor in getting a successful outcome in your felony case.

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.

How to Get Pre-Trial Release Conditions Modified

The Law Office of James Novak Team — Thu, 21 Apr 2011 13:58:21 GMT

What Experienced Tempe Criminal Attorneys Can Do to Get Your Release Conditions Modified (Pre-trial)

After your Tempe arrest and detention you will have an initial appearance before the Tempe Court Judge. The Tempe Court judge will advise you of your pre-trial release conditions. They will let you know if and upon what conditions your release will be allowed. For example, whether or not you are bondable, what if any amount of bail needs to be posted, and whether or not you can be released from custody. The judge looks at many factors before making this decision including classification of the charge such as o, misdemeanor or felony, severity of the crime, if the charges involved a violent crime, your past criminal record if any, whether or not you are a potential “flight risk”, and many other factors. The goal of the court is to secure your appearance for future court dates or trial.

If your release conditions seem to be harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney. A good Tempe criminal attorney will immediately file a motion to request modification of your pre-trial release conditions. This can be done while you are in custody. Either you or someone on your behalf can consult a Tempe criminal defense lawyer to discuss your charges, defense options, and services of your Attorney’s request to modify your pre-trial release conditions from custody in Tempe AZ.

Modifications your attorney requests depends upon what release conditions were ordered by the judge. Some modifications your Tempe Criminal Attorney may request include but are not limited to lowering the bail bond to a reasonable amount; allowing you to be released on your own recognizance; allow an appearance bail, or allow you to be released to another responsible entity’s custody, home confinement with ankle bracelet security, and other more favorable conditions than initially ordered by the Tempe Court.

When you meet with your Attorney who will be defending your criminal charges and requesting modification of your release conditions, be sure you communicate in detail your concerns about the initial orders and how they will impact you, your family, your job, your financial situation. Your attorney will then formulate compelling arguments and file the appropriate motions with the Tempe court on your behalf.

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

Robbery laws and sentencing guidelines

The Law Office of James Novak Team — Tue, 19 Apr 2011 13:35:29 GMT

Regardless of how bad things seem, for every criminal offense, there are defenses that can be used by good criminal attorneys to defend you.

In Arizona robbery is a considered class 4 Felony as defined by Arizona criminal law A.R.S. 13-1902 charged or arrested for this offense in Arizona, you will need to retain a good felony defense attorney in Arizona, for legal representation. Robbery sentencing is so severe, that the best criminal defense attorneys agree you should almost always plead “not-guilty” and retain professional services of a qualified Arizona criminal defense attorney.

Felony Charges for Robbery in Arizona

An offense in Arizona will be charged as a robbery under Arizona law criminal law A.R.S. 13-1902 in the following situations:

1. The taking of someone’s property; and

2. The offense took place while the presence of the owner, or a permissive user or authorized party overseeing the property (for example a sales representative at a convenient store);

3. The property was taken forcefully taken against the owner’s or authorized person’s will;

4. The accused threatened to, or actually used force, against the owner or custodian of the property in order to intentionally coerce the owner or authorized person to surrender the property to the accused.

Robbery Sentencing

Robbery sentencing for a robbery conviction in Arizona may expose you to prison sentences not to exceed 3.75 years or an extended jail sentence up to one year. The Judge will usually include fines, restitution for the victim’s property losses and medical bills, extended supervised probation, mandatory treatment and counseling, and other punishments the Judge feels is necessary based on circumstances of the charges and conviction. Other factors the judge will take into account include past criminal record, first time or repeat offense, manner in which the robbery occurred, if any injury occurred to the victim, value and number of items taken, and nature of the robbery. The judge has discretion to increase penalties depending on all of these factors.

Robbery Attorney – Criminal Defense for Robbery

Arizona takes a tough stance on robbery charges. You will need a strong defense for this serious offense. A conviction can be devastating, and adversely life altering. Your future your freedom, a felony on your record, and more are at stake, if convicted. Regardless of how bad things seem to your right now, keep in mind that for every criminal offense, there are defenses. You have a right to retain effective defense counsel or criminal defense representation. It is a necessity in this case. Failure to hire an experienced private practice criminal attorney in Arizona will almost always result in a conviction. A good Arizona criminal attorney or criminal defense law firm in Arizona will make sure your rights are protected, treated fairly, and build a strong defense case on your behalf. Be sure to contact an attorney who has a great deal of experience in defending robbery charges in the jurisdiction for which you were arrested or charged.

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, Tempe , Phoenix, Mesa, Gilbert and Tempe Arizona, Phoenix Metro, and Phoenix East Valley Arizona.