Arizona Criminal Defense Attorney Blog

February 9, 2011

Things you can do to make sure you retain the best attorney to defend your criminal charges

The Best Criminal Attorney in Chandler AZ is the One that is Right for You.

There are plenty of good criminal and DUI defense lawyers who defend criminal or DUI charges in Chandler AZ. But the question is which one is right for you? It will take some effort on your part. It likens to the age old cliché “Sweat now, bleed less later.”

Here are some tools that will help you make your decision. Below is a list of things you can do to help you find the best criminal defense attorney or DUI lawyer to defend your criminal or DUI charges in Chandler AZ: :

February 8, 2011

Resources you can rely on, to help you make the best choice in legal representation for your DUI and criminal charges

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

10 Ways to Find the Best Tempe DUI Lawyer

Tempe DUI charges are serious crimes. Arizona State Laws are strict, harsh and constantly changing. Even a first time misdemeanor DUI conviction with no prior criminal record will cost you jail time along with other adverse penalties. You will need experienced Tempe criminal defense or DUI attorney to represent you through the Arizona Criminal Justices system. They will make sure your rights are protected and do everything possible to get the best outcome in your case. Tempe DUI and criminal charges are dismissed or reduced often do to the representation of a good Tempe DUI lawyer.

Below are some resources to start with and tips to help you find the best Tempe criminal defense or DUI Attorney to defend you in Tempe Court or other court in Maricopa County where you were charged with a DUI or other criminal offense.

1) The internet. You can find just about anything you need and easily from attorney websites, review sites, and other public resources on the web.
2) Referrals from family, friends or other trustworthy source.
3) The Maricopa County Bar Association
4) The Arizona State Bar to make sure they are licensed to practice criminal defense in Arizona. If you were charged in Arizona, you should hire an attorney who is licensed to practice in Arizona and does soon a daily basis. Some attorneys are licensed to practice in more than one state. But if they reside in Arizona they are more likely to be up to date on the constantly changing laws. Look for Attorneys who defend Tempe DUI or Tempe criminal charges often.
5) Narrow your search to a few attorneys you would like to speak with, then call them for a free consultation.
6) Explain your charges to the Attorney and ask about your defense options and their fees for retention. You will also want to discuss terms of payment. Many attorneys will provide flexibility in paying the fees as well as discounts. Just ask.
7) Ask the Attorney all the questions you can about training, education, experience, and qualifications, that you were unable to find out about them through your initial resources.
8) Affordability. Compare fees of the attorneys you speak with. Understand that the most expensive attorneys many not provide you with the best defense. And in contrast, the least expensive attorneys many be some of the best DUI and criminal defense attorneys in the state of Arizona.
9) Communication. You must feel comfortable in your communications with your attorney. When you hire an attorney, you are the employer. But the fact is you will be working together as a team to get the best possible outcome in your case.
10) Trust. You need to feel confident that your DUI attorney can do the job. If they give you advice, there is usually a good reason for it. If you don’t know what that is, ask. If they need documentation or anything along the way, obtain it. Again, they have their reasons. And the best Tempe criminal defense attorneys missions are to provide the best DUI defense possible that will lead to a dismissal of charges, reduction of charges and sentencing, or the otherwise best possible outcome in your case.

Selecting your Tempe DUI or Tempe criminal attorney to defend your is a big decision. An unwise decision can cost you your freedom. A wise well chosen attorney can lead to avoidance of a criminal conviction, and possible dismissal or reduction of charges.

February 7, 2011

5 Myths about Hiring an a DUI Attorney

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

By: James Novak, Phoenix DUI & Criminal Defense Lawyer
1) Myth- Arizona Judges do not like when you hire a DUI defense attorney and it will result in less leniency.

FALSE – In fact, the majority of judges in Arizona prefer when the defendant hires a DUI defense Attorney. It makes their job easier. The judge will not have to take time and energy explaining things, and making sure the defendant understands the rules and protocol.

2) Myth – You will get the same end result if you do not hire an attorney, then if you retain an attorney to defend your charges.

FALSE – Going to court unrepresented is a fast track to a DUI conviction. Hiring a criminal or DUI defense attorney will significantly increase your chances of getting your case dismissed, charges and sentencing reduced or a much better outcome in your case than if you were to go unrepresented. The Arizona criminal justice system is a complicated maze of procedures, protocol, with strict and changing laws. The best criminal attorneys in Arizona agree that only by retaining a good DUI or criminal defense will your chances of getting your charges dropped or an acquittal increase. You will need a DUI attorney who can build and mount and present the best defense strategies on your behalf.

3) Myth – It is better to hire an attorney who charges higher “global” fees that includes trial v. an attorney who charges a lower flat fee for all pre-trial services and a lower second tier fee for trial.

FALSE – Top Attorneys and Law Firms have a difference of opinion in this matter. This author believes that it is not the best fee structure for all defendants in every situation. In the state of Arizona only about 2% to 3% (give or take a percentage over time) of DUI or criminal cases actually go all the way to trial. This means that 97% to 98% are dismissed or resolved through plea agreements before trial. So if your charges are dismissed or resolved before trial, the attorney keeps the trial fee, rather refunding you the unused trial portion.

4) Myth – If an attorney charges a higher price, he is a better attorney than one who charges a lower amount.

FALSE – There are no governing entities that regulate attorney fees or how much they charge for a particular service. Thus you will get quotes in vary wide low to high ranges for the same charge. Some DUI Attorneys charge simply for they estimated work time needed to defend the case. Many have been charging the same prices for decades. The Attorneys or Law firms must take into account their advertising, and operation costs needed to run their Law Firm. Those attorneys many tend to require a higher fee for service. There are some attorneys who feel they are justified in charging higher fees because they have more experience, training or education. But the fact that they perceive themselves in that fashion does not always make it true.

5) Myth – DUI or criminal defense attorney in Arizona you consult before hiring can guarantee your case will be dismissed or charges dropped.

FALSE – And raise the red flags. If a DUI or criminal defense attorney guarantees your case can be dismissed, run…don’t walk the other way. There are many reasons DUI attorneys can not guarantee an outcome, especially a dismissal. First, they do not have a crystal ball. Second, ever case is different and presents it’s own unique set of circumstances. Third, all the evidence must be examined including #911 recordings, report, field sobriety test results, breath test results, police procedures, constitutional rights issues, reason for the stop, witness statement, the law and defenses that can be used surrounding your individual circumstances. Fourth, if your case goes to trial, no one can predict their decision. There are many other reasons, but this should be enough to paint the picture of the myth is false.

February 7, 2011

10 Good Reasons a Maricopa County Judge will consider for Modifying Release Conditions

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

Winning Defense Arguments used by top rated Maricopa County DUI or Criminal Defense Attorneys to Modify Release Conditions in your favor.

You or someone on your behalf should consult a criminal or DUI defense lawyer in Scottsdale as soon as possible if you have been arrested or taken into custody. Here is just one reason why: Following your arrest for DUI or other Criminal Charges in Maricopa County you will remain in police custody until you appear before the Maricopa County Court Judge who will read you your formal complaint, rights, and pre-trial release conditions.

The Maricopa County Court Judge’s release conditions should meet the standard of A.R.S. Criminal code Rule 7 requirement of “onerous” (or the least burdensome) initial pre-trial release conditions based on your charges and factors that surround it. If these initial release conditions are too harsh, or unreasonable, you should retain the services of an experienced criminal lawyer who defends criminal, Drug, or DUI charges in Maricopa County. Your Maricopa County Criminal defense Attorney can file an immediate motion while you are still in custody, to modify your release conditions. They will present compelling arguments, and remind the Maricopa County Judge, and prosecution of the Arizona Rule 7 “onerous” standards. The intent of the standard is that it is of a necessary nature only to secure attendance at future court appearances or trial, and that based on the charges, your release does not pose a threat or harm to the community.

Below are 10 of many arguments your attorney may use and the Maricopa County Court will consider in your defense if they apply, in order to honor your Maricopa County criminal attorney’s request to modify your release conditions. This list is not all inclusive:

1) You have a serious medical condition or disability that requires special or constant medical attention or treatment.
2) Financial hardship that will be imposed upon your family, especially if you are the sole provider.
3) Lack of anyone to care for your children while you are in custody, especially if you are a single parent with no other alternatives for their care and supervision.
4) You are the sole care giver to a disabled, ill or elderly family member.
5) Longevity of your residence in Arizona. Strong ties to your family, home, job, in order to illustrate that you are not a “flight risk”.
6) Name and relationship of another responsible, stable person to whom you can be released to for supervision, who will assure your attendance at future court appearances for which you are required to attend.
7) Your willingness to give up any passports that would allow you to flee the United States, or some other type of assurance that you are not in a position to leave the state of Arizona.
8) Lack of financial resources to make bail.
9) You have no prior criminal record or convictions.
10) Nature of the charges for which you were arrested, were not violent. You did not harm or intend to harm anyone. And your release from police custody does not pose as threat to society.

February 4, 2011

AZ MEDICAL MARIJUANA ACT UPDATE

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

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

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

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

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

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

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

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

February 3, 2011

“What will a DUI lawyer do to defend my charges?”

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

How an experienced Criminal Attorney Builds a Defense Case

Phoenix AZ a DUI or other criminal charge it is important that you consult a private criminal defense attorney who defends criminal charges in Phoenix Court. You will easily be able to find a good criminal or DUI defense Attorney who provides a Free Consultation. Most of them do.

You may wonder what can an Attorney do that you can not do yourself. A good Phoenix Criminal Attorney or Phoenix DUI lawyer is highly educated, trained and experienced in defending and litigating criminal and DUI charges. They are familiar with the criminal laws of the state of Arizona, as well as case law. Qualified DUI or Criminal Attorneys who defend cases on a regular basis know how to use the authority of law, defenses that can be used, and exercise your constitutional rights to defend you.

Phoenix AZ DUI & Criminal Attorney – How they build your Defense Case
What you may not realize is that behind the scenes a good DUI or Criminal defense lawyer who defends cases in Phoenix criminal court is involved in many activities on your behalf. Once retained, your Phoenix DUI or criminal defense attorney will guide you through every phase of the Arizona criminal justice system, keep you informed and answer all of your questions. Here are some things a good Phoenix AZ DUI defense or Criminal defense attorney will be doing with you as a team, or behind the scenes:

1. Gathering and evaluating all evidence, or lack thereof;
2. Looking for exculpatory evidence (evidence in your favor);
3. Determining what defense strategies and tactics will best serve your defense to get the best outcome in your case;
4. If one is necessary, securing and reviewing independent opinions and reports from experts;
5. Reviewing all documents including but not limited to police reports, your citation, sobriety, breath test, or chemical test results, photographs, and #911 call transcripts;
6. Interviewing, deposing, or questioning arresting police officers; investigative officers.
7. Containing or interviewing other witnesses if available.
8. Creating and mounting a compelling defense case against the prosecution’s evidence and case. Note: This is not something that just happens at trial. An experienced attorney will take every legal opportunity in the criminal justice system phases to utilize defense tactics to get evidence suppressed, reduction in charges, or a dismissal of your case. A good criminal defense or DUI lawyer will waste no time and recognize the opportunities;
9. Participating in court proceedings, other hearings, status conferences, and pre-trial conferences, which focus on legal issues such as admissibility or suppression of evidence; modifying pre-trial release conditions, and plea negotiations; other legal matters regarding your charges and defense.
10. Preparation for trial;
11. Your Phoenix DUI or criminal defense attorney will be working with you and the prosecution to work out a mutually agreeable resolution. This is generally known as “plea agreement”. It would avoid the expense, adverse impacts and uncertainties of trial results. The resolution must be approved by the court as well. Plea negotiations can include but are not limited to more satisfactory resolutions such as modification of the charges to lesser charges and sentencing, an agreement not to file new charges, sentencing of probation instead of jail time, reducing jail or prison sentences, dismissing a portion of the charges or a total dismissal of charges.

A word of caution about choosing a DUI or criminal defense attorney: Take some time to make sure that the DUI and criminal defense attorney you select to defend you in Phoenix AZ court, has the time to devote, knowledge, qualifications necessary, litigation experience, and is committed to doing everything possible to defend you. If you are represented by such an attorney your chances of getting your DUI or criminal charges reduced or dismissed significantly increase.

February 2, 2011

Modification of Release Conditions: What to do if your release conditions by the court are unreasonable and too harsh

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

Winning arguments used by experienced criminal Attorneys to request modification of your pre-trial release conditions from Scottsdale AZ Custody.

Following your arrest for DUI or other Criminal Charges in Scottsdale AZ you will remain in police custody until you appear before the Scottsdale Court Judge who will read you your formal complaint, rights, and pre-trial release conditions.

The Scottsdale Court’s release conditions should meet the standard of A.R.S. criminal code rule 7 which requires the Judge to issue orders that are the least “onerous” (or the least burdensome) initial pre-trial release conditions based on your charges and factors that surround it. If you feel the release conditions are too harsh, or unreasonable in nature, you should retain the services of an experienced Scottsdale criminal lawyer. Your Scottsdale Criminal Attorney can file an immediate motion while you are still in custody,
To modify your release conditions. They will present compelling arguments, and remind the Scottsdale Judge, and prosecution of the Arizona rule 7 “onerous” standard. The intent of the standard is that it is of a necessary nature only to secure attendance at future court appearances or trial, and that based on the charges, your release does not pose a threat or harm to the community.

Below are 10 of many factors the Scottsdale Court will consider in your defense in order to honor your Scottsdale criminal attorney’s request to modify your release conditions. This list is not all inclusive:

1) Medical conditions or disabilities that require special or constant medical attention or treatment.
2) Financial hardship your family will suffer, if you are the sole provider.
3) Lack of anyone to care for your children while you are in custody if you are a single parent with no other alternatives for their care and supervision.
4) You are the sole care giver to a disabled or ill family member.
5) Length of residence in Arizona and your strong ties to your home, job, family life in Arizona to argue that you are not a “flight risk”.
6) Name and relationship you have to another stable and responsible person to whom you can be released to, and who will assure your attendance at future court appearances for which you are required to attend.
7) Your willingness to give up any passports that would allow you to flee the United States.
8) Lack of financial resources to make bail.
9) You have no prior criminal record or convictions.
10) Nature of your crime was not violent, you did not harm or intend to harm anyone and your release does not pose as threat to society.

February 1, 2011

Modifying Release Conditions: What to do if you can’t post bond to be released from custody

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

How Good Phoenix Criminal Attorneys get your Pre-trial Release Conditions Modified

Following your arrest and detention you will have an initial appearance before the Phoenix Court Judge. At this time, the Phoenix Court judge will advise you of your pre-trial release conditions. The Judge will let you know if and upon what conditions your release will be allowed. This includes if bail will need to be posted and the bail amount. The judge will also tell you if you are bondable or not. The judge considers many factors before making this decision including classification, misdemeanor or felony, severity of the crime, prior criminal history, flight risk potential and many other factors.

If you feel your release conditions are too harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney who will immediately file a motion to request modification of your pre-trial release conditions Therefore, if you have been arrested in Phoenix, you or someone on your behalf should consult an Arizona criminal defense attorney who defends criminal charges in Phoenix AZ on a regular basis as soon as possible to discuss your charges, defense options, and modification of your pre-trial release conditions from custody in Phoenix AZ.

Modifications your attorney requests depends upon what release conditions were ordered by the judge. Some modifications your Phoenix 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 home confinement with ankle bracelet security.

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

January 31, 2011

Differences Between Burglary and Robbery

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

CRIMINAL DEFENSE FOR ROBBERY CHARGES ARIZONA
How Top Rated Criminal Attorneys Defend Robbery and Armed Robbery Charges in Arizona
Arizona Robbery or Armed Robbery Charges
Arizona robbery and armed robbery offenses are prosecuted very aggressively. If you face active charges or were arrested in Arizona for robbery or armed robbery you should consult an experienced Arizona criminal defense attorney who defends cases in the Arizona Court as soon as possible to defend your charges.

The difference between burglary and robbery is that the act of burglary is an offense of forced entry or unlawful entering a building, residence, business or vehicle with the intent to commit or comment a felony theft within the structure.

All Arizona robberies or armed robberies are charged as felonies. A crime is considered a robbery when the accused uses force, intimidation, or fear as a means of taking control of certain property from someone.

Armed Robbery is the same as robbery, with the added factor of the accused being armed with a weapon such as a firearm, or other weapon to gain control of the property from a person or place. Many objects can constitute a weapon and fall within the category of “armed robbery”. For example a broken glass bottle, a baseball bat, knife, or other objects which may or may not have been made for its intended use as a weapon.

Robbery or Armed Robbery Penalties Arizona
Arizona Robbery and armed robbery charges must be taken serious. The penalties are severe and convictions treated with harsh sentencing in the Arizona courts.
If you are convicted of a “dangerous crime” (this is the case if a dangerous weapon is involved or used) the judge will order mandatory prison terms. If weapons are involved, someone is harmed, or even imminent threat of harm occurred, penalties can be doubled form the normal non-dangerous felony sentence range. Robbery sentencing carries a wide minimum and maximum range from 1 year up to 21 years or more in prison depending on the circumstances of each criminal count charged for the incident. Other fines, fees, restitution, or any other punishments the court deems necessary on top of minimum penalties may apply.

Arizona Laws – Robbery and Armed Robbery
Arizona Revised Statutes (A.R.S.) Title 13, Chapter 19, Robbery begins with the following citations:

13-1901 Definitions:
In this chapter, unless the context otherwise requires: 1. “Force” means any physical act directed against a person as a means of gaining control of property. 2. “In the course of committing” includes any of the defendant’s acts beginning with the initiation and extending through the flight from a robbery. 3. “Property of another” means property of another as defined in section 13-1801. 4. “Threat” means a verbal or physical menace of imminent physical injury to a person.

13-1902. Robbery; classification
A. A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will; such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property. B. Robbery is a class 4 felony.

13-1903 Aggravated Robbery
A. A person commits aggravated robbery if in the course of committing robbery as defined in section 13-1902, such person is aided by one or more accomplices actually present. B. Aggravated robbery is a class 3 felony.

13-1904 Armed Robbery
A. A person commits armed robbery if, in the course of committing robbery as defined in section 13-1902, such person or an accomplice: 1. Is armed with a deadly weapon or a simulated deadly weapon; or 2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon. B. Armed robbery is a class 2 felony.”
Arizona Robbery or Armed Robbery Defense Tactics | Criminal Defense Attorney
If you are under investigation, been arrested, have active charges of Robbery or Armed Robbery in Arizona, you should immediately consult an Arizona criminal defense or Arizona Robbery or Armed Robbery lawyer to discuss your situation and defense options. You should not discuss your case the police or investigators before consulting a good criminal defense attorney or Robbery or Armed Robbery lawyer in Arizona. Anything you say can be held against you and jeopardize your defense. You should remain silent and politely request to speak with your criminal attorney as soon as possible.

Top Arizona criminal attorneys or Robbery or Armed Robbery defense Attorneys may use a multitude of defenses depending on the circumstances surrounding your Arizona robbery charges or arrest. Below are just a few examples of defenses a good Arizona criminal attorney might use as tactical defense strategies for robbery charges (This list is not inclusive):

• There are generally only a few witnesses to a robbery or armed robbery if any besides the victim. A good robbery or armed robbery defense attorney will challenge the State and make them prove the identity of their suspect, and thus be able to weaken the Arizona prosecution’s case against you.
• You have constitutional rights under both State and Federal Law. If any of them were violated, evidence may be suppressed or even lead to charge dismissal.
• Experienced Attorneys, particularly former prosecutors, have critical insights into police procedures, protocol, prosecution tactics and strategies that may be used by police and prosecutors. Those attorneys will be able to use that knowledge to assist in defending your case, getting evidence dismissed, charges reduced, or robbery charges dismissed if proper procedures were not followed or misconduct by police occurred.
• Experienced robbery defense attorneys will challenge evidence such as surveillance tapes to with regard to whether or not it was in fact the right person arrested.

In sum, robbery or armed robbery charges in Arizona are risky to go at alone as far as trying to defend your self without qualified criminal legal representation through the criminal justice system. In theory, the laws state that you are “innocent until proven guilty”. But in practicality, without a good Arizona criminal defense attorney, the police and prosecution will not look for your innocence, flaws in the prosecutions case, see strength in your arguments, or bother to listen to your story without the formal defense of an Arizona Criminal Defense Attorney. The prosecutions job is to convict you. The judge will not provide empathy or favor. The judge will rarely if ever show you favor or empathy to dismiss your case. They must comply with the procedures and protocol required by standards in the Arizona Courts. They can only ruling on legal motions, presentation of legal arguments through recognized channels, or follow the jury verdict if trial ensues.

With an experienced criminal defense attorney or robbery defense lawyer you will have a voice that is heard in the system, with compelling arguments, defense strategies, and an increased chance of getting your robbery charges dismissed, reduced, or otherwise the best outcome in your case.

January 28, 2011

DUI Breath Testing: Find out why police must conduct two DUI breath tests in order to make an arrest based on breathalyzer results

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

Defense Tactics used by experienced AZ DUI Attorneys to fight your DUI breath test results
Arizona DUI Charges
If you were arrested in Arizona or received AZ DUI charges you should contact an Arizona Criminal Defense or Arizona DUI lawyer to discuss your charges and defense options. Being charged with a DUI is just the beginning of a long and traumatic process. Your best chances of getting a good outcome or even a DUI dismissal is to retain a good DUI lawyer in Arizona. They will be able to determine what defense strategies may be used in your case.

Arizona DUI Defense Tactic

BREATH TESTING IS INACCURATE
Were you charged with a DUI based on one breath test result?
Virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much as +/- 10.0%. This could be increased due to other factors. Therefore, two breath tests must be conducted.
Arizona DUI Defenses
There are many DUI defense strategies that can be used to argue your AZ DUI case against the State and prosecution. This defense is just one of many involves breath testing. Below is an excerpt from the book “101 DUI Defenses 101 DEFENSES TO BEAT YOUR ARIZONA DUI ©” written by James Novak, Arizona DUI and Criminal Defense Attorney. For more DUI defenses, the abridged version of this E-book can be downloaded free by visiting www.arizonacriminaldefenseattorney.com.