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

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

Disorderly Conduct Laws in Maricopa County Arizona Disorderly Conduct Laws are classified, and defined in Title 13 of Arizona Criminal Code ARS 13-2904. Below is a paraphrased discussion of the law: A person can be charged with disorderly conduct in the following circumstances:

1) The person “with intent” disturbs another person, neighborhood, or business’s peace: or

2) “With knowledge”, of their actions, a person displays or engages in the following: • Fight, altercation. or other behavior which was disruptive;

• Unreasonably disruptive noise or music;

• Offensive, abusive, disturbing language or gestures which in turn provoke another person to immediately retaliate;

• The disruption or commotion continues for an extended period of time;

• Any physical or verbal disturbance displayed with the intent to prevent or distract a lawful gathering, or meeting;

• Disobedience or Failure to adhere to a lawful instructions or orders to leave, evacuate, or dismiss one’s presence from a premises or area issued for purposes of public safety; risk of danger or peril such as fire; or other imminent hazard or emergency;

• Reckless display or unlawful discharge of a gun or other deadly weapon.

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

• “Justification”; Defenses used to explain why the conduct was “justified” and not unlawful: self-defense; imminent fear of danger to one’s self or family; immediate reaction to provocation or threat;

• “Affirmative”; Facts that bar or prevent the State from being able to prosecute the charges: Jurisdictional challenges; violations of time limit statutes to bring charges; the accused had a severe mental illness and did not know or intend to engage in disorderly conduct;

• “Reasonable Doubt”; Trust worthy witnesses to the incident provide compelling testimony which conflicts with the police officer’s account of the accused person’s conducts; Prosecution is unable to prove “beyond a reasonable doubt” that the accused engaged in disorderly conduct; No evidence, witnesses, or no complaints exists to support that the accused disturbed anyone’s peace or engaged in disorderly conduct;

• “Violation (s) of Constitutional Rights”; Right to free speech in absences of abusive or offensive language; right to lawfully and peacefully assemble; right to peacefully and without offense or disturbance pray, practice faith or religion of choice.

Reasons Police Choose to Make Arrests for Disorderly Conduct
Those arrested or charged for disorderly conduct often wonder what they did to deserve to be arrested. Maricopa County criminal defense attorneys agree that it is an overused charged. The police generally use it as a “catch-all” charge, when no other appropriate charges exist and they want to make an arrest. Charges sometimes follow a police warning, but a warning is not required. The most common reasons police decide to charge or arrest someone for disorderly conduct is Maricopa County is for the following reasons:

1) Police are annoyed with you;

2) No other appropriate charges exist for them to use;

3) Police feel the need to make an arrest or charge because someone has made a complaint against you;

4) Police gave you a warning, and the conduct, music, disruptive behavior continued and they had to return;

5) You disrespected or disobeyed orders from police;

6) Police believed your actions were deliberate, intended, and you were not cooperating with them Never plead guilty for disorderly conduct charges without first consulting a Maricopa County Criminal Defense Attorney. They will provide you with information and options for your defense.

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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

10 Reasons Police May Charge You for Disorderly Conduct in Mesa AZ

Editor’s Note: This list of reasons may get you angry; Make sure you don’t “disturb anyone’s peace” when you read it!

Mesa AZ “Disorderly conduct charges (“disturbing the peace”) are common in Arizona. But commonality does not reduce their severity. An experienced criminal defense attorney who defends Mesa Disorderly Conduct Charges will be the first to tell you, to take the charges seriously. This is due to the consequences of a conviction.

The police generally use disorderly conduct as a “catch-all” charge, and they see it necessary to make an arrest. Here are some of the reasons police may charge or arrest someone for disorderly conduct

1) Police are annoyed with you;

2) No other criminal charges exist that are more appropriate for the conduct;

3) Someone has made a complaint against you for disruptive conduct;

4) Police gave you a warning; and had to return because the conduct, or disruptive music continued;

5) You disobeyed an order or instruction the police gave you;

6) They Police did not like “the look” you gave them or the “tone of voice” you used in response to them;

7) It was the opinion of the police that you were being uncooperative;

8) Police believed your conduct was deliberate, intended, and that you knew you were disturbing others peace;

9) Police perceived you not being as respectful to them as they would like;

10) Police did not know which person to arrest or charge, so it was easier from them to arrest or charge both or all persons at the scene; knowing one or more of the people were innocent.

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

Penalties for Disorderly Conduct in Mesa AZ
Facts involving the incident which led to the arrest, will dictate the classification of the disorderly conduct charges. They are typically charged as Class 1 Misdemeanors. These are the most severe level of AZ Misdemeanors. Class 1 Misdemeanor convictions carry sentencing that can range from probation and fines up to 6 months incarceration and up to $2500.00 fines.

Class 6 Felonies are charged if the disorderly conduct involves a firearm. Disorderly Conduct Felonies carry maximum penalties of up to one year in state prison, fines and fees, and a felony that will stay on your criminal record for years to come.

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

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

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

2) “With knowledge”, of their actions, a person displays or engages in the following:

• Fights, physical or verbal; or other serious disruptive behavior;

• Playing unreasonably loud music during nighttime hours especially, when others are sleeping, or making other continuously loud noise;

• Using offensive, disturbing or abusive language (or gestures) which provoke “immediate” retaliation by another party;

• Any such disruption or disturbance last for an extended period of time;

• Any physical or verbal disturbance caused by a person with the intent to prevent or distract a lawful meeting or gathering;

• Disobedience of a civil or lawful order to leave, evacuate or dismiss one’s self from a premises or area. They order may be issued for reasons involving public safety; imminent danger or peril such as fire, flood, or other hazard or emergency; • Reckless unlawful discharge of a firearm, or reckless unlawful display of a gun or other dangerous weapon.

Criminal Defense for Mesa AZ Disorderly Conduct Charges
Good criminal attorneys who defend criminal charges in Mesa AZ challenge disorderly conduct charges frequently; and often get disorderly conduct charges dismissed. This is mainly due to their subjective nature. An effective use of legal defenses is the key. Many defenses can be used to combat unjust or unwarranted disorderly conduct charges. Your criminal defense lawyer uses will be tailored to the fact of your case: Some examples of defenses that may be used to challenge disorderly conduct charges would include “Justification” defenses; “Affirmative” Defenses; “Reasonable Doubt” defenses; or Violation of Rights defenses.

It is unwise to plead guilty to disorderly conduct charges and accept the consequences without legal review and retention of a Criminal Defense Attorney who defends disorderly conduct charges in Mesa AZ on a regular basis. Depending on the facts, there is good chance they may be able to successfully challenge the charges, which could lead to a dismissal in your case.

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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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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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

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.

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.

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

Arizona Criminal Laws – Comparison of Two Criminal Defenses

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

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

Application of Two Arizona Laws and Defenses:

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

Examples of each of the Two Arizona Laws and Defenses:

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

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

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

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

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

“Your chances of getting criminal charges dismissed increase with an attorney who can present a “compelling argument”, over an attorney who has a stronger argument, but presents it less persuasively.”

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

1. Experience; Criminal & DUI defense experience in Maricopa County;

2. Communication: The best trial lawyers listen, as well as they speak. They know that winning cases are often found in the “details” of the facts, evidence and testimony; and they don’t want to miss a thing. A DUI lawyer preoccupied with what they are going to say next, risks missing details that could lead to their client’s case dismissal;

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

4. Thousands of Hours of Trial & Litigation: Be careful of hiring criminal defense attorneys who have not spent much time in the court room or trial, even if you don’t plan on having a trial. The fact is, that there are attorneys who have not seen much of the “inside of a court room”: either because they are new, or because they simply don’t challenge the evidence or prosecution on the issues very often. In those cases, the attorney simply agrees with whatever the prosecution throws at their clients for conviction and sentencing; You don’t need to pay someone to help you lose;

5. Former Prosecutor: Here are just 4 good reasons to choose a former prosecutor:

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

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

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

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

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

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

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

9. They Never Underestimate the Power of Filing EARLY Justified Motions: These often involve procedural or constitutional rights violations such as 1). Charges being brought in the wrong jurisdiction; or 2). Time limit to prosecutor has expired for that crime under Arizona Constitution and the like;

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

11. Simplify Complex Issues: Not only are the best attorneys able to interpret the law, but they have the ability to simplify them in the best light for their client’s defense;

12. Passion and Dedication: They are dedicated to their client’s defense and obtaining the most favorable outcome for them; they have a passion for defense; they recognize that the accused has fundamental rights by law to defend their charges in due process under the United States Constitution and Arizona Law; They make sure defendants are treated fairly, and their constitutional rights are protected;

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

14. They exhaust all means to obtaining the best outcome for their clients: Including case dismissals (partial or complete); negotiating for a better outcome, including leniency in penalties; or alternatives to harsh and unwarranted sentencing such as incarceration.

15. Getting the Case Dismissed is #1 priority: If a client does not wish to challenge their charges; have someone fight for them; or attempt to get their charges dismissed; then they do not need to hire one of the “Best Criminal Defense Attorneys in Maricopa County”. In fact, they would not need to hire any criminal defense attorney, in that the case.

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

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

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.

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

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

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

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

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

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

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

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

AZ Criminal Charges – What You Should Know

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

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

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

4) Most Arizona drug charges are prosecuted as Felonies:

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

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

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

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

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

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

• Remain cooperative.

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

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

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

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.

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:

“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 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.

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.

“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 new hearing for sentencing will be scheduled.

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.

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

Phoenix Criminal Court Jurisdiction

Phoenix Municipal Court, Phoenix Justice Court and Phoenix Superior Court

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

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

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

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

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

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

• Misdemeanors:

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

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

• Misdemeanor reckless driving without injuries involved.

• Petty offenses; committed in Phoenix AZ.

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

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

• Misdemeanors;

• Some felony preliminary hearings; and

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

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

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

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

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

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.

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.

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.

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.

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.