Articles Posted in Law Articles

by

Phoenix DUI Lawyer | Criminal Rights Phoenix AZ

Article by: James Novak, Phoenix DUI and Criminal Defense Attorney
If were arrested for a Phoenix DUI or Criminal Charges in Phoenix, or other cities within Maricopa County, sometimes you will learn your Initial Appearance Hearing was “scratched” from the docket. People often want to know if the charges are gone for good or if they can be brought later.

After a person is arrested, the County Attorney reviews the police report and evidence and decides of formal charges should be filed in Phoenix Court. If the Maricopa County Attorney does not file a complaint or charges with the court within 48 hours of your arrest and initial appearance hearing, then the hearing is “scratched”. It can mean a number of things have occurred including but not limited to the following:

1) The Phoenix Criminal Charges will not be filed.

2) If the charges are filed, the Maricopa County Attorney will ask for a summons to be delivered to the address you provided at the time you were arrested.

3) A warrant may be issued for your arrest.

4) The County Attorney may decide further investigation or evidence is needed to justify the filing of formal charges. They have 7 hears to file felony charges and one year to file misdemeanor charges.

If your case was scratched, for an unknown reason, and you move from the address you gave the police at the time of your arrest in the meantime, the County Attorney’s Office asks that you notify them of your address change and provide them with your police report number (also called “DR number”).

Continue reading

by

Criminal Justice Article by: James Novak, Arizona DUI & Criminal Defense Attorney
Arizona Drug penalties and sentencing laws can be found in A.R.S. Title 13 Chapter 34: DRUG OFFENSES 13-3401 to 13-3461.

Penalties and Sentencing for drug charge convictions in Arizona rely on several factors:

1) How much of an illegal substance or controlled substance was found in your possession.

2) Type of drug involved and whether or not it was a “legal”, “illegal”, or “dangerous drug”. Illegal and Dangerous drugs carry harsher penalties.

3) Whether the illegal drugs in your possession for personal use, possession with intent to distribute or sell. Possession of drugs with intent to sell or sell carries heavier penalties and sentencing than Arizona drug possession.

4) Repeat Drug offenses will contribute to more serious punishments.

5) Strength of the Arizona Prosecutions evidence and case against you.

6) Whether or not weapons were used as part of the drug offense.

7) Whether or not the charges involve manufacturing, cultivation or distribution.
8) Drug charges were part of multiple Arizona crimes offenses at the same time.
9) Prior criminal record.
10) Nature and location where the drug crime was committed (examples below):
A. The involvement of violence
B. The presence of minors
C. Illegal Drugs or transaction was near a school

Continue reading

by

By: James Novak, Tempe DUI & Criminal Defense Attorney
If you have been charged or arrested for any type of DUI in Tempe Arizona, there are many defenses and compelling arguments that an experienced Tempe DUI attorney can use to fight your DUI charges, depending on the facts of your DUI case. The specific defense may allow for a motion to dismiss or a motion to suppress certain evidence. Also, a presentation to the prosecutor may allow for a negotiated dismissal or reduction of the charges. The list below includes some categories to consider for your defense strategies, while in each category are numerous defenses which can be used to build and mount an effective defense on your behalf. The categories include but are not limited to the following:
1) INDEPENDENT STOPS AND ARRESTS
2) FIELD DUI SOBRIETY CHECKPOINT – ROADBLOCKS STOPS
3) POLICE OBSERVATIONS OF THE ACCUSED
4) FIELD SOBRIETY TESTS
5) BREATH, BLOOD AND URINE TESTS
6) SUFFICIENCY OF EVIDENCE DEFENSES
7) CONSTITUTIONAL RIGHTS VIOLATIONS
8) TRIAL DEFENSES
An abridged version of the free E-book “101 AZ DUI Defenses” © written by James Novak, Tempe AZ Criminal Defense and DUI lawyer can be downloaded
By visiting http://www.arizonacriminaldefenselawyer.com/
For more criminal defense or DUI defense tips, free videos, and free dui defense books, visit http://www.arizonacrimialdefenselawyer.com

Continue reading

by

Criminal Justice Article by: James Novak, Chandler DUI & Criminal Defense Attorney
All criminal courts in Arizona have standards of etiquette one must follow when attending. Below are the standards adopted by Chandler City Court known as the Chandler Municipal Court:

1) All weapons, food, drink, and gum are prohibited in the Court building.

2) Sit quietly when Court is in session. Talking and whispering to others in the courtroom is prohibited. Background noise can disturb the court reporter, document and those involved in proceedings.

3) All cell phones, and mobile devices must be turned off in the courtroom.

4) Refrain from shuffling of newspapers, books or text messaging, all of which can be distracting to others.

5) When addressing the Judge, or Hearing Officer, stand a few feet back from the bench. Do not lean on the Judge’s or Hearing Officer’s bench. Always address the Judge as “your honor”. For example “yes, your honor” or “no, your honor”.

6) Dress Code: While you will see many attorneys in formal attire or suits, others to do need to dress formal. However, clothing mist be clean, neat and in good repair. Shoes and shirts must be worn. Refrain from wearing clothing which has offensive slogans or disrespectful pictures on them. All hats and caps must be removed before entering the court building.

7) Avoid bringing small children or infants into the Court room. If you must, you will need to make sure they are in good behavior and do not cause disruption. If they do become noisy or disruptive, the parents and the children may be asked to leave the courtroom.

If you are unsure about a particular item or etiquette it is best to call in advance to avoid delays in the proceedings for which you plan or are required to attend. Below is
Chandler City Court Address and Phone number:
Chandler Municipal Court
200 East Chicago Street
Chandler, AZ 85225
Phone: 480-782-4700

Continue reading

by

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

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

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

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

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

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

Continue reading

by

News Article By: James Novak, Arizona Criminal Defense and DUI Lawyer
Once Arizona vote counting is completed, a race is not always over. Arizona has laws that trigger an automatic recount. These situations are outlined specifically in A.R.S. 16-661 section 4. The law reads as follows:

“A.R.S. 16-661. Automatic recount; requirements; exemption
A. A recount of the vote is required when the canvass of returns in a primary or general election shows that the margin between the two candidates receiving the greatest number of votes for a particular office, or between the number of votes cast for and against initiated or referred measures or proposals to amend the Constitution of Arizona, is less than or equal to the lesser of the following:

1. One-tenth of one per cent of the number of votes cast for both such candidates or upon such measures or proposals.

2. Two hundred votes in the case of an office to be filled by state electors and for which the total number of votes cast is more than twenty-five thousand.

3. Fifty votes in the case of an office to be filled by state electors and for which the total number of votes cast is twenty-five thousand or less.

4. Two hundred votes in the case of an initiated or referred measure or proposal to amend the constitution.

5. Fifty votes in the case of a member of the legislature.

6. Ten votes in the case of an office to be filled by the electors of a city or town or a county or subdivision of a city, town or county.

B. Subsection A does not apply to elections for precinct committeemen, school district governing boards, community college district governing boards, fire district boards or fire district chiefs or secretary-treasurers or boards of other special districts.
Put simply, when the race is called (the initial counts completed by whatever deadline Arizona officials decide to use) and only 200 votes come between the winner and the loser, it will trigger an automatic recount. ”

Continue reading

by

By: James Novak, Phoenix DUI & Criminal Defense Lawyer
What is a Phoenix Grand Jury Indictment?

Phoenix Felony criminal charges require a finding of probable cause. In some cases, probable cause is found by a grand jury. A grand jury is a group of fifteen citizens who are presented evidence by a prosecutor. The grand jury must then decide whether or not there is probable cause of a crime by the accused. At least 9 of 15 grand jurors must find that there is probable cause. This is a secret proceeding and the defendant and DUI defense attorney are not entitled to attend. Because of the one-sided nature of this hearing, there are special rules that require the prosecutor to make a fair presentation to the grand jury.

What is probable cause?
Probable cause is a set of facts, information, circumstances or conditions which would lead a reasonable person to believe that what is presented or alleged is true and that the suspect allegedly committed the crime.

Who is the Grand Jury?
A grand jury is a group of fifteen citizens who are presented evidence by a prosecutor.

Who decides if Phoenix felony charges should go to a Grand Jury?
The Phoenix prosecutor decides if the Phoenix felony charges should go to the Grand Jury. The prosecution reviews the police or other law enforcement or investigating agency’s report and evaluates if there is sufficient evidence to support a conviction. If so, the prosecutor will either file a criminal complaint or seek an indictment from a Grand Jury.

What type of Phoenix Criminal or DUI charges go Grand Jury?
What type of felony cases sent to the Grand Jury can be varied. But the Phoenix Felony charges that typically go to a Grand Jury are crimes of a more serious nature or violent crimes such as homicide.

What happens when the charges go to the Grand Jury?
Charges may be dismissed by the grand jury or preliminary hearing stage if the grand jury determines that the evidence is insufficient to justify a trial. However, if they determine that probable cause in fact exists, the defendant is then “bound over” for trial in the Superior Court, and an arraignment date is set, and the court issues a summons for the defendant to appear at arraignment in Superior Court.

What is an Arraignment?
An arraignment is the first appearance of the defendant in Superior Court. This is when and where a defendant is officially read their formal charges. The defendant may plead “guilty” or “no contest” (this means they are claiming neither guilt nor innocence). The judge will set a date to sentence the defendant. The defendant or the criminal defense or DUI defense attorney on his behalf may plead “not guilty,” as well. If the plea is “not guilty the judge will then set the case for a pre-trial hearing or trial.

Continue reading

by

1) Who will be your Lawyer (For Law Firms with multiple attorneys)? And who is actually handling your case including evidence investigation, court appearances, answering questions you have, and completing the work from start to finish?

Fact: Sometimes your Arizona DUI or Criminal attorney gets reassigned to another case midway through yours. Many times, work is delegated to other non-attorneys. Sometimes the non-attorneys are qualified to perform a particular task, but not always. And sometimes, the Attorney whom you think is handling your case from start to finish is merely supervising their work as well as many others. This author is not saying it is bad or good; just that you have a right to know. Then you can make an educated choice and feel comfortable hiring that Law Firm based on those circumstances.

2) Are you able to meet with your assigned lawyer before your agree to hire your firm?

Fact: Some Arizona or Maricopa County public defenders, court appointed DUI and Criminal defense lawyers or law firms, due to heavy case loads or other reasons outside of their control, do not meet their clients or the defendant until your first court appearance. In these cases you usually required to provide a photo ID of some sort for the court appointed attorney’s file or the law firm so they will recognize you when they arrive to court to greet you for the first time! In many of these cases, no work was done in your defense from the time you paid your fees until that court date. Unfortunately, this is a preview of what the rest of your defense will be like. An Attorney should not just show up and hope for the best in court. This is the quickest route to a conviction, and ineffective defense. A good DUI lawyer or criminal defense attorney will have reviewed, your case well in advance and have a clear understanding of the charges, evidence, weaknesses in the prosecutions, and an idea of what defense strategies will provide you with the best outcome in your case based on those factors. A good AZ DUI or criminal defense attorney should be prepared to educate the prosecution and judge on the weaknesses or flaws in Arizona’s criminal or DUI charges against you, not the other way around.

3) What are the fees including pre-trial services and trial if one is needed?

Fact: Some Criminal & DUI Attorneys and Law firms in Arizona charge a two tier fee: a) one is for pre-trial defense and b) separate charge if a trial is needed. Other Attorneys charge what some call a “global fee” which includes both pre-trial defense and a trial if needed. Global fees are usually higher, since they include the services of a trial. Keep in mind that in Maricopa County only about 2% to 5% of DUI charges ever go to trial. This means the rest are dismissed, charges reduced to non-criminal charges, or a plea bargain is negotiated with the prosecution and you/your defense for 95% to 98% for DUI cases.

4) Does the Attorney charge a flat fee or by the hour? Will the full payment be required up front or is the attorney willing to negotiate breaking the fee up into payments if needed?

Fact: Arizona Criminal defense and DUI defense Attorney Fees are almost always negotiable in amount and how it will be paid off. Whatever is agreed upon, make sure you have it in writing and it is included in the fee agreement. Make sure you read it and are given a copy of it before you leave the office.

5) What is the Attorney’s background, defense and litigation experience, training, and qualifications relating to the issues in my particular case, how many such cases have they defended in the past?

Fact: Former Arizona Prosecutors usually have a great deal of litigation and defense experience. Some Attorneys may have a lot of training, education, experience and credentials…but not in DUI or Criminal Defense or specifically the charges for which you need a defense.

6) How often does the Attorney defend cases in the court you are required to appear? Are they familiar with the judges and prosecution in that city or jurisdiction?

Fact: It never hurts for your Arizona Criminal Lawyer or DUI Attorney to know who you will be up against. Many former prosecutors know the current prosecutors if they worked in that jurisdiction. Also, if an attorney defends cases in a particular court often, they have a dialog and familiarity with the prosecution’s methods and strategies, and whether or not a judge is objective, and more or less lenient on a particular topic. Also, the judges and prosecution over time know who the good attorneys for which they have earned their respect. This is a plus during proceedings and negotiations on your behalf.

7) What is that attorney’s current case load? Will they be able to put the necessary time needed to build and mount an effective defense on your behalf?

Fact: Good DUI and Criminal Defense attorneys in Arizona will regulate their caseloads to make sure they have ample time to defend your cases and put 100% into providing an effective defense. Unfortunately this is not always the case. Particularly with County, State and Federal fund and staffing cutbacks, the court appointed or public defenders have heavy caseloads and fewer attorneys to defend the cases for the defendant’s that choose and qualify for their services. This means less time to work each case.

Continue reading

by

BY: James Novak, Tempe AZ DUI & Criminal Defense Attorney

Here are 10 Tempe Court rules you need to know before your criminal or DUI court hearing in Tempe Arizona:

1) All mobile devices are to be powered down or turned off while in the courtroom.

Continue reading

by

By: James Novak, Arizona DUI & Criminal Defense Attorney

After the reality of a DUI arrest sets in, you are overwhelmed and realize you need an Arizona DUI Lawyer to defend you. And you wonder if you can afford a good DUI or Criminal defense lawyer. First, you should ask yourself can I afford “not” to have a good DU defense attorney. Arizona has some of toughest DUI laws and punishments in the Country. To go unrepresented by a good DUI lawyer, through the maze of the Arizona Criminal Justice system is the fastest route to a most certain DUI conviction. With that in mind, here are 5 facts you should know about the cost of retaining a DUI defense Attorney in Arizona:

1) No Arizona Attorney governing entities dictate how much a Criminal or DUI Attorney can charge. (Unless you are covered under and using a pre-paid legal program through your employer or pre-paid legal service). As a result you may get quotes all over the board for the same charges, just different attorneys. One may quote you $1000.00 and the other $8,000.00 to give you the same competent legal representation.

Continue reading
Contact Information
4500 S Lakeshore Dr #352
Tempe, AZ 85282
Phone: (480) 413-1499Text: (602) 908-8123

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2014 – 2024, Law Office of James Novak
JUSTIA Law Firm Blog Design