Arizona Criminal Defense Attorney Blog

March 30, 2011

Medical Marijuana Law Update

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

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

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

• Cancer
• Glaucoma
• HIV
• AIDS
• Hepatitis C
• ALS
• Crohn’s disease
• Alzheimer’s disease
Also there are certain symptoms that qualify, even though they may not be the result of a qualifying condition listed above. A “chronic or debilitating disease or medical condition” is defined as one that causes the following symptoms below. (Cited in part):
• Cachexia or wasting syndrome;
• Severe and chronic pain;
• Severe nausea;
• Seizures, including those characteristic of epilepsy;
• Severe or persistent muscle spasms, including those characteristic of multiple sclerosis
The ADHS will accept written requests to add medical conditions and chronic or debilitating symptoms of a condition to the current list. This opportunity will take place twice each calendar year, in January and July. There will be certain requirements and documentation needed by the ADHS in order to consider adding a new qualifying medical condition. Those requirements and documentation are outlined in detail, but reader friendly, at the ADHS official website in the Question and Answers section.

Article Source: Official ADHS Website: http://www.azdhs.gov/prop203/calendar.htm .
This article has been posted for general public informational purposes only. All articles by this author are intended to raise awareness and generate discussion on a variety of Arizona State Law issues and topics.

March 30, 2011

Arizona Medical Marijuana Update

by James E. Novak, P.L.L.C.

Final Rules Published by ADHS

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

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

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

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

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

March 28, 2011

Medical Marijuana Dispensary Registration Certificates

by James E. Novak, P.L.L.C.

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

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

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

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

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

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

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

March 27, 2011

MEDICAL MARIJUANA ACT NEWS UPDATE

by James E. Novak, P.L.L.C.

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

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

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

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

• April 2011: Applications will begin to be accepted for qualified patients and caregivers, by ADHS.
• May 1, 2011: Applications for dispensary registration certificates will begin to be accepted by ADHS.

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

March 25, 2011

Why Police decided to do a DUI Blood Test

by James E. Novak, P.L.L.C.

Even though your blood test results warranted an AZ DUI arrest, it does not warrant a DUI Conviction. In fact, top AZ DUI lawyers may use the blood test evidence to defend your case, no matter how high your BAC level.

AZ DUI charges based on Blood Test Results
If you were arrested for an Arizona DUI based on blood test results you should contact an AZ DUI lawyer or criminal defense attorney as soon as possible. The best AZ DUI lawyers often find good reasons to challenge the DUI blood tests taken by the police. In many cases your AZ DUI Attorney will find violations and errors in the blood testing process, such as failure of police to follow prescribed rules of testing, analysis, preservation, and transport. Such violations often lead to suppression of the blood evidence, and total dismissal of your DUI charges.

Reasons for AZ Blood Testing for a DUI Stop
A person who is stopped for suspicion of drunk driving does not get a choice as to what test they will be given. The police officer will decide from three options: Blood, Breath, or Urine testing. Here are at least three reasons why the AZ police officer would decide a blood test was needed.
1) You refused to take a breath test, and the officer obtained a court order from the judge to draw a blood sample.
2) According to breath testing requirements and issues that can adversely affect breathalyzer test results, the police determined that a blood test would reap more accurate blood alcohol content (BAC) results.
3) The police suspected you were driving impaired due to drugs or alcohol and the breath test for drunk driving due to alcohol influence was negative. If they still suspect you are impaired by being under the influence of chemicals or substances, they will draw blood to test for a drug DUI or toxic substance DUI. .

AZ DUI Laws – DUI Blood Tests
It is common practice for the police officer to personally do the blood draw. Many police departments have sent their officers for training in phlebotomy. Be sure when the blood is drawn that the police give you a second sample for your defense Attorney. Their blood vial will be sent to their crime lab for testing using a gas chromatograph. Usually it takes 2-8 weeks for the crime lab results to come back. Your DUI Defense lawyer in the meantime may retest the blood at an independent lab and compare their results against the prosecutions.

The Arizona courts have upheld the legality of police officers acting as phlebotomists. However, they must be certified and trained to draw and handle the blood samples. Strict guidelines apply to the blood kits storage; blood kit expiration dates; avoidance of exposure to extreme temperatures of blood kits; chemicals used to clean your arm before the blood draw which can taint results; proper handling, transport and proper storage of the blood sample. All of these factors critical to obtaining an accurate result with gas chromatography.

AZ DUI Lawyers – DUI Blood Retest for AZ DUI Defense
Be sure to ask your AZ DUI defense attorney who will be responsible for the fee to retest the blood sample. Will you be required to pay for it? Or will your defense attorney absorb the fee on your behalf? Arizona blood retesting from an independent lab costs on average $250.00. Many AZ DUI lawyers will take care of that fee as a courtesy to the client. Many blood retests lead to dismiss. In any event, blood retest and examination is worth the cost. If the results are found to be flawed your AZ criminal attorney will challenge the blood evidence, present compelling arguments challenging their test results due to violations of protocol or other processing errors. If successful the blood evidence may be suppressed, and your AZ drunk driving charges dismissed.

March 21, 2011

All robbery offenses are classified as felonies: Learn more about laws, sentencing, and why you need criminal defense for robbery charges.

by James E. Novak, P.L.L.C.

CRIMINAL DEFENSE TEMPE AZ

Only with representation by a qualified Arizona criminal defense attorney, will you have a chance at avoiding a conviction, getting a case dismissal, reduced charges, “not-guilty verdict”, reduced sentencing or other favorable outcome in your case.

Tempe AZ robbery charges are classified as Class 4 Felonies under Arizona criminal code A.R.S. 13-1902. If you face robbery charges in Tempe, AZ you will need to consult an experienced felony lawyer who defends Tempe robbery charges on a regular basis. Top criminal defense lawyers in Arizona agree in most cases that you should defend your charges, plead “not guilty”, and hire a good Arizona criminal attorney who defends Tempe AZ robbery charges to defend your case as soon as possible. Most people feel, have too much to lose to be convicted of an Arizona felony charge.

Tempe AZ Felony Laws for Robbery
A.R.S. 13-1902 State Laws for Robbery are described below: (cited in part and paraphrased for legal ease and additional explanation)

A. Someone property was stolen; and
B. The owner or permissive caretaker, or other authorized party overseeing the property (such as a sales representative at a convenient store) was present at the time of this theft;
C. The property was stolen forcefully against the owner’s or authorized person’s will;
D. The accused intentionally used threat, intimidation, or force, against the victim to gain control of it, thus causing the person (s) to surrender the property to the defendant against their will.

Robbery Sentencing
Sentencing for conviction of Tempe AZ robbery charges is harsh. It may include incarceration with sentences not to exceed 3.75 years in State Prison; extended jail time for up to one year; restitution for the victim’s medical bills, property damage, return and/or restitution of the stolen property; supervised probation; mandatory counseling; and a felony on your criminal record that will follow you for years. Other Factors the judge will consider before sentencing include the defendant’s prior criminal record, repeat offenses, nature of robbery, monetary value and number of items stolen.

Robbery Attorney – Criminal Attorney Tempe AZ for Robbery Charges
Arizona prosecution of Tempe AZ robbery charges is aggressive. To defend your Tempe robbery charges you will need an experienced criminal attorney to fight for you. Only with representation by a qualified Arizona criminal defense attorney, will you have a chance at avoiding a conviction, getting a case dismissal, reduced charges, “not-guilty verdict”, reduced sentencing or other favorable outcome in your case. Be sure to hire a good Tempe felony defense attorney who defends robbery charges frequently and understand the Arizona criminal justice system, and defense strategies that can be used based on the circumstances of your case.

March 15, 2011

How to find a lawyer to defend your DUI or criminal charges

by James E. Novak, P.L.L.C.

How to find the best Phoenix DUI Lawyer in Arizona

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

1) Search the internet you can do searches on the internet and easily get information from attorneys’ websites. Read reviews, compare services, and listings.
2) Get a referral from a trusted family member, friend or neighbor
3) Check on line directory listings for Attorneys
4) Contact the Maricopa County Bar Association
5) Look for Attorneys who are licensed to practice in the State of Arizona and who defends Phoenix DUI charges in the jurisdiction or municipality you where you were charged. Note, it does not matter where you reside, you need a defense attorney in the city, jurisdiction, county or state in which you were charged.

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

• How familiar are they with the changing Arizona Laws and penalties?
• How often to they defend cases often in Phoenix AZ Court and Arizona criminal justice system?
• How familiar are they with the Judge, prosecution, and court procedures?
• Are they licensed to practice criminal defense in Arizona?
• How long have they defended criminal and DUI charges in Arizona?
• Are they well versed and successful have they been at utilizing DUI and criminal defense strategies
• How long they have they been in practice?
• Are they experienced in trail and litigation in Phoenix?
• Is their Law practice devoted 100% to DUI and criminal defense?
• What are their pre-trial and trial fees?
• How do they expect payment and are they willing to work with you on a payment plan if needed?
• Have they ever been Maricopa County Prosecutors?
• Will they take the time needed to examine the evidence to build and mount a strong DUI or Criminal Defense case challenging the Phoenix prosecution?
• Who will actually be handling the day to day activities, court appearances, investigation and all the services needed for your defense?
• If different than to whom you are speaking, will you get a chance to meet them and ask them these important questions as well?
• Who can you go to for questions throughout your defense process?

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

March 14, 2011

DUI Blood Test Results: How to challenge Blood Test evidence for DUI defense

by James E. Novak, P.L.L.C.

7 common areas top Phoenix drunk driving attorneys target to challenge DUI blood test results that can lead to dismissal of your AZ DUI Charges
.
Phoenix DUI Blood Test Results
If you face drunk driving charges in Phoenix Arizona due to blood test results, you should consult an AZ DUI lawyer who is experienced at challenging blood test results for to discuss your DUI charges and defense options. The best AZ DUI defense lawyers often challenge the blood test results that the prosecution plans to use against you. But sometimes this very same evidence can be used to defend you and even get your AZ DUI charges dismissed.

AZ DUI Laws – 7 Areas to Challenge in AZ DUI Blood Test Evidence

The Phoenix police generally take the blood test and have it processed by their crime lab. In some cases a good DUI defense Attorney can detect violations, errors and defense issues surrounding the blood test evidence, hat can lead to the dismissal of your Phoenix DUI charges. Common errors include, but are not limited to violations concerning the following:

1. The police or personnel taking the test was not properly trained and certified in phlebotomy for DUI and Drug blood drawing; Many Police Department send their officers or other staff for training and certification. The results of a properly trained and certified police officer or other personnel have been upheld for admittance of evidence in court.

2. Temperature, storage, and expiration date guidelines for blood kits were not followed; (Example: Kits were outdated and exposed to extreme Arizona heat of summer in the trunk of a police car);
3. Errors in preservation, storage, and labeling of the blood vial containers; these errors can lead to tainting of the blood and raise questions as to whether or not it is the defendant’s blood sample or was taken from a different defendant. (Yes, it happens);
4. Errors in Arizona criminal law blood taking guidelines;
5. Chemicals used to clean the arm before the blood draw were not proper leading to the tainting of the blood sample;
6. Violations in storage, transport, or processing of the blood by the police and crime lab.

7. The Phoenix Police failed to give you a sample of the blood for your defense, even after you asked for a sample. This is a violation of your rights.

If one or more of these violations or errors exist, your AZ DUI lawyer will recognize it, educate the prosecution and court; present compelling arguments; and file motions in your defense and weaknesses in the State’s case against you. Top AZ DUI lawyers recognize what circumstances present the need to challenge blood results. In many cases this leads to suppression of the evidence on your behalf or a total dismissal of your AZ drunk driving charges.

March 9, 2011

Any Robbery Charge will expose a defendant to prison terms and harsh sentencing if convicted. Find out more about robbery laws and penalties for robbery.

by James E. Novak, P.L.L.C.

Failure to retain legal representation by an experienced private practice criminal attorney who defends Mesa robbery charges in Arizona will almost always result in conviction.

Mesa AZ robbery charges are considered a Class 4 Felony under Code A.R.S. 13-1902 of Arizona Criminal Law. If you were arrested for robbery in Mesa, AZ you will need to consult good AZ felony attorney who defends felony charges in Mesa AZ regularly. The best criminal lawyers in Arizona agree in most cases that you should initially plead “not guilty” and hire an experienced Arizona criminal attorney who defends Mesa AZ robbery charges to defend your case.

Felony Charges | Robbery Laws | Mesa Arizona
A.R.S. 13-1902 Robbery applies when the following events occur:
A. Someone else’s property was stolen ); and
B. The owner or permissive caretaker, or other authorized party overseeing the property (such as a sales representative at a convenient store) was present at the time of this theft;
C. The property was stolen forcefully against the owner’s or authorized person’s will;
D. The accused intentionally used threat, intimidation, or force, against the owner or custodian of the property to gain control of it, causing the person or authorized party to surrender the property to them against their will.

Robbery Sentencing
Sentencing for robbery in Arizona is harsh. If convicted of Mesa robbery charges, sentencing may include incarceration in state prison with sentences not to exceed 3.75 years; jail sentence up to one year; fines; restitution for the victim’s medical bills, property damage, and stolen property; probation; mandatory counseling; and whatever else the judge feel is necessary based on the facts surrounding your charges. Factors in sentencing by the judge if convicted include any prior criminal record, repeat offenses, nature of robbery, monetary value and number of items stolen.

Robbery Attorney – Criminal Defense for Robbery
Arizona takes a hard line in pursuit of convictions for Mesa AZ robbery charges. If you face Mesa robbery charges, you will need a highly experienced criminal attorney to defend you. Only through qualified legal representation will you gain the best chance at getting a case dismissal, charge or sentencing reduction, or good outcome in your case. Be sure to hire a good felony defense attorney who defends Mesa AZ robbery charges regularly. A good criminal lawyer or defense firm will make sure your rights are not violated; you are treated fairly; and build and mount a strong defense case on your behalf.

March 7, 2011

Felony Theft Charges: How Felony Thefts offenses are classified

by James E. Novak, P.L.L.C.

How Phoenix Criminal Attorneys Defend Phoenix Theft Charges

If you were arrested or charged with felony theft in Arizona you should consult an Arizona Attorney who defends theft charges in Phoenix Court on a regular basis. The criminal defense attorney in Arizona you choose should understand the Phoenix criminal justice system, court protocol, Arizona Laws, and Theft defenses that can be used on your behalf for defense. Felony theft convictions carry harsh penalties that may expose you to extended prison or jail sentences, fines, restitution to the victim (s) and other penalties. There may be defenses available that if used effectively can help you avoid a conviction.

Arizona Theft Defenses and Theft Laws in Arizona
Arizona theft laws are outline under A.R.S. 13-1801 and A.R.S. 13-1802 and can be reviewed in more detail at azleg.state.az. Arizona Revised Statutes website. Refer to excerpts of the law cited in part from A.R.S. 13-1802. Theft; classification which reads in part as follows:

“A.R.S. 13-1802…A. A person commits theft if, without lawful authority, the person knowingly…: 1. Controls property of another with the intent to deprive the other person of such property… B. A person commits theft if, without lawful authority, the person knowingly takes control, title, use or management of a vulnerable adult’s property while acting in a position of trust and confidence and with the intent to deprive the vulnerable adult of the property….”

Portions of the law are cited above and emphasis placed by this author on the words “knowingly” and “intent”. In order to get a conviction for a Phoenix Felony charges for theft, the prosecution will need to prove that you “knowingly” and “intentionally” committed a theft crime. This is not always easy for the prosecution to prove, especially when certain evidence is being challenged by a Phoenix AZ criminal defense firm. This is just example of many defenses a private practice Arizona criminal attorney using the Arizona laws in your favor to build a winning defense on your behalf. Depending on the circumstances of your case, a good private practice Phoenix criminal lawyer will know what other defenses should be used based on the facts surrounding your Phoenix felony charges.

Arizona Felony Penalties for Theft
Felony Penalties for theft based on classification of the felonies. Felony classifications are based on the dollar amount or value of the alleged stolen property or services at issue. Below is a summarized classification chart:
• $25 000. or greater results in a class 2 Felony;
• $4,000. or greater but less than $25,000.00 results in class 3 Felony;
• $3,000. or greater but less than $4,000. results in class 4 felony;
• Theft of any vehicle, engine or transmission is a class 4 felony, regardless of the value of that vehicle, engine or transmission;
• $2,000. or greater but less than $3,000 results in class 5 felony;
• $1,000. or greater but less than $2,000.00 results in a class 6 felony;
• Less than $1,000. is charged as a Class 6 felony if the stolen property is a firearm or an animal stolen with the intent of using it for animal fighting pursuant to violation of A.R.S. 13-2910.01.

If the stolen property or service value equals $100,000.00 or greater, the courts extend strict penalties under the law. In these cases defendants are not eligible for leniency such as suspension of sentence, probation, pardon or release from confinement on any basis except as pursuant under section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

Phoenix Criminal Attorney for Felony Defense
One thing the best Arizona criminal lawyers agree on is that your chances of getting you’re felony charges of theft dismissed reduced, or the best possible outcome in your case is to retain an experienced Arizona criminal attorney who defends charges frequently in Phoenix AZ. A conviction of felony charges for theft or any other felony charges carry such severe consequences that if you wish to preserve your freedom, future, and criminal record you need to retain a private practice Phoenix criminal lawyer to defend you. The best Phoenix criminal lawyers will know how to use the Arizona Laws to your defense advantage. They will guide you through the criminal law process; and look for every opportunity to strengthen your defense, challenge the evidence against you, and weaken the Arizona prosecution’s case. Early retention of a Phoenix criminal lawyer is key to defending your case and producing the most successful results in your defense.