Articles Tagged with chandler DUI lawyer

Chandler Arrest | Criminal Rights
A good Chandler criminal defense or Chandler DUI Lawyer will be your voice in the criminal justice system. They will make sure your Constitutional Rights are not violated. They will build a solid and effective defense on your behalf. Top criminal Attorneys will press compelling arguments in your defense to the Chandler court and prosecution. There is no substitute for an experienced Chandler AZ criminal attorney or DUI lawyer who is also a skilled litigator.

Chandler, AZ has some of the toughest laws and penalties for criminal and DUI charges in the United States. If you face criminal charges or were arrested for a Chandler DUI or criminal charges in Chandler you need to retain an attorney who has a vast amount of experience and knowledge of Arizona laws, your constitutional rights, Arizona criminal justice system, and protocol. Most importantly, your Chandler criminal attorney should be extremely familiar with the defenses that can be used to build you a solid and effective defense needed to challenge your Chandler criminal or Chandler DUI charges. An experienced Chandler Criminal Attorney or DUI Lawyer in Chandler will determine the best defense strategy to use, based on the circumstances of your criminal or DUI charges. Your criminal defense attorney will use these defenses along with your protected constitutional rights in an attempt to get your criminal or DUI charges dismissed, reduced or an otherwise best possible outcome in your case.

WHAT TO EXPECT AFTER BEING ARRESTED IN CHANDLER

• Arrest – In order for a Chandler, AZ arrest to be legal, the police must have “Probable Cause”. This means that the officer has reasonable belief that a crime was committed and you were the one who committed it. If the officer feels probable cause exists you will usually be placed in hand cuffs and taken into Chandler police custody.

• Booking – Your fingerprints taken, photograph or what some call “mug shot” will be taken; then they will confirm your identity with some routine questioning; they will then research your prior criminal convictions; then they will check to see if you were on probation or parole at the time of the current arrest.

• Arraignment – This is the initial Chandler Court appearance. At this stage you have formally been charged, but not convicted of the crime and the processing criminal justice system time-lines begin. This is where you may plead 1) guilty, 2) not guilty, or 3) no contest (no contest is when you do not admit guilt on the charges, but this lets the Court know that you do not dispute the criminal charges either).

• Resolution – 1) Charges dismissed 2) negotiated plea agreement for reduced charge or sentencing 3) Trial 4) jury decision of guilty or not guilty 5) judge sentencing if guilty.

• Sentencing – 1) If you are guilty or have agreed to a negotiated plea agreement you will receive your sentencing or penalties by the Chandler Court Judge. The judge has complete discretion to order any sentence that falls within the sentencing range of the crime for which you were found guilty.

Criminal Rights
You have protected rights both under Federal and Arizona State constitutions. It is very important that you do not “waive” any protected rights without the presence or advice of your criminal attorney. If you decide on your own without consulting a Chandler criminal attorney or Chandler DUI lawyer to waive any of your rights, you may take the chance of jeopardizing your case and any defenses that otherwise could have used in your defense. You are not required to assist the Chandler Police or Chandler Court Prosecutor in making its case stronger against you. Some of the common rights you have are listed below and not all inclusive:

1) The right to remain silent;
2) The right to defense by an attorney;
3) The right not to answer questions without your criminal defense attorney present;
4) Your Miranda Rights must be read to you if you are arrested;
5) The right to enter a “Not Guilty” Plea;
6) The right to obtain and produce exculpatory (evidence favorable to your defense) evidence before or at trial;
7) The right to trial by jury;
8) The right to defend your criminal or dui charges before trial;
9) The right to avoid self-incrimination;
10) In the event of trial, the right to cross-examine or confront a witness testifying against you.

It is highly recommended that you leave this to your qualified Chandler criminal defense attorney or trial lawyer in Chandler who is experienced in criminal defense litigation.
Criminal Law Chandler
Criminal Law in Arizona is strict, and comprehensive. Definitions, Classifications, Sentencing guidelines, and Penalties found in A.R.S. criminal code: Title 13 – Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes
DUI laws and DUI penalties in Arizona are some of the toughest in the United States. They are found in A.R.S. criminal code: Title 28 – Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes
Criminal charges or arrests for DUI or in Chandler AZ are be subject to the rules of authority of Arizona State Laws of Arizona cited above.

Criminal Defense Attorney Chandler
Your future depends upon a strong defense by a criminal attorney who defends criminal or DUI charges frequently in Chandler AZ. The choice is always yours to retain a criminal or DUI lawyer. However, given the harsh laws and punishments for Chandler criminal and Chandler DUI charges it is strongly recommended that you at least consult a criminal defense or DUI lawyer. The cold fact is that the Chandler prosecution is always relieved if the defendant chooses to go unrepresented because it makes their job easier to convict you. If fact, going without qualified criminal attorney or DUI lawyer is certain to “fast track” a Chandler DUI or criminal conviction.

Some feel the criminal justice system is a vast maze of procedures, time-lines, and protocol, all set up to convict them. There is much truth to this. The process can be extremely exhausting, overwhelming and defeating for an unrepresented defendant. It is the job of the Prosecution to convict you. And they will work closely with police to get that conviction. Without good legal representation by a Chandler criminal attorney or DUI lawyer who defends cases frequently in Chandler, you may unintentionally say or do something that will unknowingly harm your defense, and strengthen the Prosecution’s case against you. You don’t want to unknowingly contribute to your conviction.

A good Chandler criminal defense or Chandler DUI Lawyer will be your voice in the criminal justice system. They will build a solid and effective defense on your behalf. Then they will press compelling arguments in your defense to the court and prosecution. There is no substitute for an experienced Arizona criminal attorney who is a skilled litigator. They will know the most effective defenses to use, and building a foundation for your defense. Hiring a good criminal attorney who defends cases often in Chandler court will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.

Continue reading

“Just because you were charged or arrested for criminal or DUI doesn’t mean you are automatically “guilty” of those charges…even if the evidence against you is overwhelming.”

Chandler Criminal Defense
If you face criminal charges or a DUI charges in Chandler AZ, you can fight your charges and win. Your chances increase drastically of getting a good outcome in your case if you hire a good Chandler criminal or Chandler DUI attorney or Arizona criminal defense lawyer who practices frequently in Chandler. Just because you were charged or arrested for criminal or DUI charges doesn’t mean you are “guilty” of those charges…even if the evidence against you is overwhelming. The fact is that criminal and DUI charges are dropped, dismissed, acquitted every day with experienced Chandler Legal Representation from good criminal defense and DUI lawyers on board.

Your Constitutional Rights entitle you to remain silent, be treated fairly, and retain the services of a Chandler criminal defense or Chandler DUI Attorney– these inherent rights are there for your protection. Don’t let them be abused. Use them to your advantage. The Chandler Prosecution and judge want convictions. Only good private practice criminal defense or DUI Lawyer who defends DUI and criminal charges in Chandler, AZ frequently will defend your charges, your rights, your freedom and your future.

Defending Criminal Charges in Chandler, AZ
You may wonder whether or not you should hire a Chandler Criminal defense or DUI defense attorney. First find out what they will or can do for you. In the least, you should contact an experienced criminal or DUI defense Attorney for a consultation. Most of the best criminal defense and Chandler DUI lawyers in Arizona provide free initial consultations. You will get insight into your charges, sentencing you will be facing if convicted, and a comfort level in your decision.

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

How a Chandler Criminal Attorney will Defend You
Here is brief list outlining what a good criminal defense attorney, or experienced DUI lawyer who defends cases in Chandler, AZ will do for you:

• File notice to the court that you are being legally represented and request that all communications go through the defense attorney.
• File notice to the court of “not guilty” plea and defenses on your behalf.
• Listen to your side of the story. Educate the prosecution and court about your side of the story through the proper legal channels. Keep in direct communications with your regarding you case.
• Answer questions and address any of your concerns
• Give you guidance and recommendations
• Gather and examine any and all evidence
• Retest any blood or urine specimens, by an independent lab that the prosecution tested and plans to use against you.
• Determine if any of the evidence was mishandled, obtained unlawfully, protocol followed in obtaining the evidence.
• Determine if any violations of your Constitutional Rights occurred.
• Look for weaknesses or flaws in the Chandler Prosecutions case
• Mount a strong and effective defense based on the circumstances in your case. A good attorney, with much litigation experience will know which of many defenses should be used based on your situation. Sometimes it takes just one. Sometimes multiple defenses will apply.
• Challenge evidence or lack thereof
• Attempt to suppress evidence if justifiable reasons exist
• Educate the Prosecution and court on weaknesses or flaws in their evidence or case to set the stage for negotiations of a favorable outcome on your behalf.
• Participate in all hearings, conferences, negotiations with the court and or prosecution.
• File all appropriate and necessary motions
• Make every attempt to reduce the criminal or DUI charges
• Make every possible attempt to dismiss the charges.

The earlier your bring your Chandler Criminal or DUI Attorney on board, the greater the chances are of your obtaining a successful outcome in your case. This gives your defense Attorney a head start and time to build and mount a winning defense on your behalf. You generally do not get more than one shot at freedom. Do not underestimate the need for a Chandler criminal defense or DUI defense Attorney. It may mean the difference between a conviction and a complete dismissal of charges.

The Law Office of James Novak provides criminal defense for Chandler Arizona 85224, 85225, 85226, 85244, 85246, 85248, 85249, 85286.

Continue reading

Felony DUI Chandler, AZ

“Felony DUI Attorneys must be extremely knowledgeable as to what defenses can be utilized to get the ultimate best outcome in your case for your Felony DUI charges in Chandler, AZ.”

A Chandler “Felony DUI” is also known as “Aggravated DUI”. If you’ve been arrested or face Felony DUI (Driving under the Influence) charges in Chandler, AZ the best advice you can get now is to consult a good Arizona Criminal Defense Attorney or Felony DUI Defense Attorney who defends cases frequently in Chandler Court. All DUI charges are serious. But Felony DUI convictions are even more serious, and can have long lasting adverse consequence on your future, freedom, job, finances, family, driving privileges, and more.

“The ultimate goal of the best Chandler DUI defense attorneys is to attempt to get the case dismissed reduced charges or best possible outcome in your case.”

If you face Chandler AZ drug DUI or medication DUI charges you should contact an experienced Chandler criminal defense attorney or DUI attorney who defends cases in Chandler AZ as soon as possible. Early retention of an experienced Chandler DUI attorney is an important factor in achieving a successful defense.

Medication DUI | Drug DUI
If you test positive for drugs following Chandler DUI stop, you are subject to drug DUI charges under the Arizona State Laws. These laws are some of the toughest in the country. The mere presence of a drug found in your system is enough for the Chandler police to charge you or any city in Arizona, if the officer believes that drugs impaired your driving to the slightest degree. Medication DUI and Drug DUI charges are considered the same as an alcohol DUI according to Arizona State Law for purposes of conviction and sentencing. The exception to this would be if the drugs involved were dangerous, illegal, or controlled substances. This factor would bring cause for harsher sentencing if convicted as well as additional charges.

Chandler Drug DUI Laws

Any Chandler AZ drug DUI or medication DUI will fall under rule of Arizona State Law and Criminal Codes. Arizona Law prohibits use of driving a vehicle while “impaired to the slightest degree”, due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict. It makes no difference if the drug is legally prescribed medication by a licensed physician (A.R.S. 28-1381 3.B.) or an illegal dangerous drug (A.R.S. 28-13813.B, A.R.S. 13-3401). Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree….

3. While there is any drug defined in section 13-3401 or its metabolite in the person’s body…
B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.
C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor….”
(Cited in Part: Arizona State Website azleg.state.az.us/ars/28/01381)

Chandler DUI with Medications, Drug DUI Defense
If you have been charged with a Chandler drug DUI or DUI with medications, you will need to hire a good Arizona Criminal Defense, or DUI lawyer who defends DUI and drug DUI charges in Chandler Court frequently. It takes education, training, special skills related to toxicology, litigation and defense experience and forensic tools and resources to challenge evidence and charges for a Chandler Drug DUI. A qualified Chandler DUI or criminal defense attorney will fight through the protocol of the Chandler Municipal Court system, examine and challenge toxicology evidence, mount an effective defense file motions, conduct hearings, and all the while provide you guidance and keep you informed, and be there for you. A good Chandler criminal defense or DUI attorney who defends cases in Chandler frequently will also make sure you are treated fairly, your side of the story is presented, and that your Constitutional rights have not been violated. The ultimate goal of the best DUI defense attorneys is to attempt to get the case dismissed, reduced charges and the best possible outcome in your case.

Many of the defenses that may be used can be found at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html both at the website, in the free videos, and free books “101 DUI Defenses”© Book from the “Arizona Winning Defense Strategies” © Series -Author: James Novak, Arizona DUI & Criminal Defense Attorney.

With an experienced AZ DUI Drug Defense or DUI with Medication defense Attorney your chances of getting a good outcome such as evidence suppressed, charges reduced, milder sentencing, or the ultimate total dismissal of your charges increase substantially.

If you have been charged with any Chandler, Arizona DUI, Drug DUI, DUI with Medication, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI; any Drug Crimes, including drug sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, 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 Chandler DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak proudly defends cases in Chandler, Tempe, Phoenix, Chandler, Chandler, Chandler, and surrounding cities within Maricopa County.

Continue reading

What a Good Chandler DUI Attorney Can Do to Defend your Chandler DUI
Field Sobriety Test Defenses
Field Sobriety Tests and what they are
Field Sobriety Tests are standardized tests adopted by the National Highway Traffic Safety Administration (NHTSA). But many of the best AZ DUI lawyers, who defend cases in Chandler often, consider them to be false and invalid tests. This is due to their subjective nature and police biases in reporting the results, of the driver they stopped for the Chandler DUI. For this reason Chandler DUI Charges involving FST results are often challenged with by AZ DUI Attorneys who frequently defend DUI charges in Chandler AZ. Many AZ DUI charges are dismissed, evidence suppressed, charges reduced, or other favorable outcomes due to the results of FST challenged by an experienced AZ DUI Attorney who defends DUI charges in Chandler often and clearly knows how to challenge such evidence.
What Chandler Police Don’t Want You to Know
One thing Chandler Police do not usually offer to tell you is that Field Sobriety Testing is not required under Arizona Law. You actually have the right to refuse. Some of the best AZ DUI attorneys disagree on whether or not you should refuse the FST. The reason it is a controversial issue is because if you decline, the Chandler police may arrest you and take you into custody on the spot. It just depends on the situation, and the police officer’s justification of probable cause for arrest. Some DUI Attorneys will advise you to take the tests and then DUI Attorney defending your Chandler DUI charge, challenge the results after the fact, through the proper legal channels. Make your choice carefully and consider your circumstances at the time of the stop, as well as the consequences of a refusal.

FST results are judged by the Chandler police officer conducting the FST. The FST is the least reliable of any Chandler DUI evidence that can be used to convict you of your Chandler DUI. It is unfortunate, but Chandler Police have been known to intentionally report that you did poorly on the tests, when in fact the results were acceptable and you did as good as or better than someone unimpaired on drugs or alcohol.

Interestingly, studies have shown that even persons unimpaired by drugs or alcohol may perform “poorly” depending on many factors which include but are not limited to being overwhelmed by the ordeal, nervous, overcompensating for fear they will du poorly due to their anxiety, motor skill impairments, work related fatigue, other medical impairments and many other factors. This is another good reason why they are often challenged by experienced DUI Lawyers who defend cases in Chandler frequently. The actual purpose of FST is to be used as a preliminary tool to assist the officer in making a decision as to whether or not additional DUI or Drug testing is needed. It is not intended nor can it be used as the only evidence to convicting of a Chandler DUI. Despite this, the Gilbert Court and Prosecution will attempt to place more emphasis on the FST evidence, especially if the police reported that you performed poorly on the FST.

Below are a sample of arguments for Field Sobriety Tests to be challenged and used as defenses taken from “101 DUI Defense Strategies” © Winning Arizona DUI Defense Strategies © Book to give you an idea of a few defense strategies a good Arizona DUI defense Attorney may use to defend your case by active winning defense Attorney and author James Novak:

• YOU WERE AT DISADVANTAGED AT THE ROADSIDE TESTS DUE TO UNFAVORABLE CONDITIONS INCLUDING BUT NOT LIMITED TO INCLIMATE WEATHER, UNLEVEL GROUND, OR OTHER ENVORNMENTAL OR LANDSCAPING ASPECTS THAT WOULD ADVERSELY IMPACT THE RESULTS.

• MEDICAL EXPERTS CONCLUDE AND AGREE FOR THE MOST PART, THAT THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS. THE TEST MUST BE PERFORMED UNDER MEDICALLY REQUIRED VARIABLES AND STANDARDS AND CONDITIONS SIMPLY DO NOT AND CAN NOT EXIST IN A ROADSIDE TEST.

• THE POLICE TESTED YOU DISPITE THE FACT THAT YOU WERE NOT AN APPROPRIATE CANDIDATE FOR AN FST ACCORDING TO NHTSA RECOMMENDED GUIDELINES. SOME ISSUES THAT MAY CAUSE SOMEONE TO BE AN UNFAVORABLE CANDIDATE DUE TO THE FACT THEY MAY PERFORM POORLY ON CERTAIN EXERCISES, INCLUDE WIEGHT, MEDICAL IMPAIRMENTS OR MEDICAL CONDITIONS, LANGUAGE BARRIERS, ADVANCED AGE, AND MANY OTHER MEDICAL CONDITIONS OR FACTORS THAT MAY CONTRIBUTE TO INACCURATE OR POOR RESULTS.
• FIELD SOBRIETY TESTS CAN NOT BE ADMITTED IF THEY ARE CONSIDERED INVALID OR NOT RECOGNIZED BY NHTSA.

• THE POLICE OFFICER FAILED TO REPORT THE LOCATION AND ROADSIDE CONDITIONS WHERE THE FST WAS ADMINISTERED AT THE TIME OF THE TESTING.

• AS A RESULT OF YOUR REFUSAL TO SUBMIT TO THE FST, THE POLICE CONCLUDED THAT YOU REFUSED BECAUSE YOU FEARED YOU WOULD DO POORLY BECAUSE YOU WERE IMPAIRED BY DRUGS OR ALCOHOL.

• THE POLICE UNTRUTHFULLY ADVISED YOU, THAT THE FST WAS MANDATORY OR REQUIRE BY ARIZONA LAW.
• THE POLICE OFFICER WHO CONDUCTED YOUR FST IS NO LONGER EMPLOYED THERE, IS DECEASED, OR OTHERWISE UNABLE TO TESTIFY, DUE TO OTHER CIRCUMSTANCES.
These are just a few items that can be challenged of many that an AZ DUI Attorney can use to defend your Chandler DUI. You should consult a good AZ DUI attorney who defends DUI cases frequently in Chandler. FST is just one of many areas of multitudes of issues surrounding your DUI that can be challenged in an effort for your Attorney to fight to get your Chandler DUI dismissed, charges reduced, evidence suppressed or the otherwise best possible outcome in your case.

If you have been charged with any Chandler Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, 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 Chandler 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, Tempe, Mesa, Scottsdale, Chandler, Gilbert, Arizona and surrounding areas in Maricopa County Arizona

Continue reading

One Defense a good Chandler DUI Defense Attorney can use to potentially get Your Chandler DUI Dismissed
Illegal DUI Stop

If you were arrested for Chandler DUI charges you should contact a Chandler DUI defense Attorney or AZ DUI Lawyer who defends Chandler DUI charges in Chandler Court often. The Criminal Defense or DUI Attorney will ask you some important questions. If you are speaking with an experienced AZ DUI lawyer or Chandler AZ DUI lawyer one of the first questions they will ask you is “Why did the Chandler police claim they pulled you over?” Although that may sound like an insignificant question, the answer is imperative to your defense. In fact, it could lead to a possible complete dismissal of your Chandler DUI charges.

The United States Supreme Court has held that the police or law enforcement entity must have a “reasonable suspicion” that a crime or traffic offense has been committed or is in progress of being committed in order to stop a vehicle. (This does not apply to DUI Sobriety Checkpoint Stops. Those DUI stops are determined in advance by means of a mathematical formula decided by City or County Officials or the Police Department Management for that particular Task Force or DUI Check Point location).

“If your Chandler DUI stop was found to be illegal there is a good chance it could lead to dismissal of your Chandler DUI charges.”

If the police did not have a valid “reasonable suspicion” to stop you, then the remedy in negotiations with the prosecution may call for a dismissal of the DUI charges. The police cannot legally stop a driver unless they can substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. For example weaving within one’s own traffic lane for a short distance or making a wide turn, keeping your turn signal on too long, is not generally unlawful and should not justify Police to stop you for suspicion of DUI, Drunk Driving in or Drug DUI in Chandler, AZ. These types of driving actions are commonly seen in unimpaired drivers anywhere and anytime.

If the Chandler DUI stop by the police was illegal then your Chandler DUI Attorney will go through the proper channels, argue the defense, and file the appropriate motions to have your DUI charges dismissed. The police work closely with the Chandler prosecutors to justify that their actions of stopping the vehicle and that
“reasonable suspicion” existed for the stop. If the Prosecution and your Chandler DUI Lawyer are unable to reach an agreement, finally, it will be up to the judge to decide if the stop was truly meritless. In some cases charges can be reduced or evidence suppressed. But at the evidentiary hearing, when your Attorney discusses the weaknesses in the prosecutions cases, they are much more likely to negotiate in your favor for the best possible outcome. If your Chandler DUI stop was found to be unlawful, there is a good chance it could lead to dismissal of your Chandler DUI charges.

To learn more about the many DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit WWW.arizonacriminaldefenselawyer.com. Here you can download free “Arizona Winning DUI Defense Strategies” © books written by winning defense Attorney James Novak, which includes “101 AZ DUI Defenses” ©.

If you have been charged with any Chandler AZ DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI wit child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Drug DUI, or any other criminal charge including theft, assaults, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, 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 James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Phoenix, Tempe, Chandler, Mesa, Scottsdale, and surrounding areas valley-wide within Maricopa County Arizona.

Continue reading

“The ultimate goal of the best Chandler DUI defense attorneys is to attempt to get the case dismissed, reduced charges or best possible outcome in your case.”

If you face Chandler AZ drug DUI or medication DUI charges you should contact an experienced Chandler criminal defense attorney or DUI attorney who defends cases in Chandler AZ as soon as possible. Early retention of an experienced Chandler DUI attorney is an important factor in achieving a successful defense.

Medication Drug DUI
If you test positive for drugs following Chandler DUI stop, you are subject to drug DUI charges under the Arizona State Laws. These laws are some of the toughest in the country. The mere presence of a drug found in your system is enough for the Chandler police to charge you or any city in Arizona, if the officer believes that drugs impaired your driving to the slightest degree. Medication DUI and Drug DUI charges are considered the same as an alcohol DUI according to Arizona State Law for purposes of conviction and sentencing. The exception to this would be if the drugs involved were dangerous, illegal, or controlled substances. This factor would bring cause for harsher sentencing if convicted as well as additional charges.

Chandler Drug DUI Laws
Any Chandler AZ drug DUI or medication DUI will fall under rule of Arizona State Law and Criminal Codes. Arizona Law prohibits use of driving a vehicle while “impaired to the slightest degree”, due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict. It makes no difference if the drug is legally prescribed medication by a licensed physician (A.R.S. 28-1381 3.B.) or an illegal dangerous drug (A.R.S. 28-13813.B, A.R.S. 13-3401). Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes
28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree….

3. While there is any drug defined in section 13-3401 or its metabolite in the person’s body…

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor….”
(Cited in Part: Arizona State Website azleg.state.az.us/ars/28/01381)

Chandler DUI with Medications, Drug DUI Defense
If you have been charged with a Chandler drug DUI or DUI with medications, you will need to hire a good Arizona Criminal Defense, or DUI lawyer who defends DUI and drug DUI charges in Chandler Court frequently. It takes education, training, special skills related to toxicology, litigation and defense experience and forensic tools and resources to challenge evidence and charges for a Chandler Drug DUI. A qualified Chandler DUI or criminal defense attorney will fight through the protocol of the Chandler Municipal Court system, examine and challenge toxicology evidence, mount an effective defense file motions, conduct hearings, and all the while provide you guidance and keep you informed, and be there for you. A good Chandler criminal defense or DUI attorney who defends cases in Chandler frequently will also make sure you are treated fairly, your side of the story is presented, and that your Constitutional rights have not been violated. The ultimate goal of the best DUI defense attorneys is to attempt to get the case dismissed, reduced charges and the best possible outcome in your case.

Many of the defenses that may be used can be found at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html both at the website, in the free videos, and free books “101 DUI Defenses”© Book from the “Arizona Winning Defense Strategies” © Series -Author: James Novak, Arizona DUI & Criminal Defense Attorney.

With an experienced AZ DUI Drug Defense or DUI with Medication defense Attorney your chances of getting a good outcome such as evidence suppressed, charges reduced, milder sentencing, or the ultimate total dismissal of your charges increase substantially.
If you have been charged with any Chandler, Arizona DUI, Drug DUI, DUI with Medication, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI; any Drug Crimes, including drug sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, 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 Chandler DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak proudly defends cases in Chandler, Tempe, Phoenix, Chandler, Mesa, Gilbert, and surrounding cities within Maricopa County.

Continue reading

“Your chances of getting a Chandler, AZ Extreme DUI charge can be reduced or dismissed increase drastically with the defense of a good Chandler Criminal Defense or DUI Lawyer.”

Any Chandler criminal defense or DUI Attorney you will tell you how serious a Chandler DUI charge is. A Chandler AZ Extreme DUI is even more serious, bringing with it, with negative impacts that can last a lifetime. Chandler DUI laws, classifications, and penalties, fall under the rule of Arizona State Laws. A Chandler DUI charge elevates to an “Extreme DUI” if Blood Alcohol Content (BAC) exceeds 0.15%. The BAC level is measured by a breath alcohol or blood test administered by the Chandler Police and testing personnel. If your BAC level exceeds 0.20 it is then it is categorized as a “Super Extreme” which brings with it even more severe penalties which can include extended jail or prison time, along with other severe penalties if convicted. If you have been charged with an extreme DUI in Chandler, Arizona it is critical that you consult a good AZ DUI or criminal defense attorney who defends extreme DUI charges in Chandler on a regular basis in the Chandler Court. It’s not hard to find a good DUI Lawyers will provide you with a Free Consultation.

Chandler DUI Laws
Arizona Extreme DUI Laws
“Article 3 Driving Under the Influence
28-1382. Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:
1. 0.15 or more but less than 0.20. {Extreme DUI}
2. 0.20 or more. {Super Extreme DUI}
(Cited in Part from Arizona State Legislature Website)

Chandler DUI Defense Options (first offense Extreme DUI):

“Just because you were arrested in Chandler for Extreme DUI does not make you guilty”.
The fact that you were charged with a crime is not the same as a conviction. Just because you were arrested in Chandler for Extreme DUI does not make you guilty. It means that at the time of the arrest, the police felt they had “probable cause” to charge you with a Chandler DUI or Chandler Extreme DUI. An experienced DUI lawyer, who defends cases in Chandler often, will challenge that evidence and make every attempt to disprove the alleged “probable cause”, along with the use of many other defenses that can be used depending on the circumstances.
Sometimes all your DUI Attorney needs is one good defense. In other cases it may take more. If you face
Chandler AZ extreme DUI here are your options:
A. Plead “guilty”. You could face (for first offense) minimum 30 days jail and up to 6 months; vehicle impound; Ignition interlock device; have your driver’s license suspended up to 90 days, requirement of alcohol or drug treatment program; probation; fines, fees, or restitution depending on your case. A second DUI or third DUI or more carry devastating punishments including extended jail and prison sentences, and exorbitant fines and fees for convictions.

B. Do nothing and ignore it. If you fail to appear for your slated court date and time, warrant for your arrest will be issued immediately by the Chandler Court.

C. Show up to court unrepresented by a good private practice AZ criminal defense or AZ DUI Attorney. This is risky and dangerous, and not recommended by most criminal defense or DUI lawyers. The results can lead you to a fast extreme DUI conviction. The prosecution knows the court’s protocol, how to argue your case, how to get you to incriminate you, and allow you to incriminate yourself, and how to make their case against you stronger. They will ignore any weaknesses, flaws, or any violations of your rights.

D. Hire a reputable and experienced DUI attorney who defends extreme DUI cases often in Chandler Court often. An experienced AZ criminal defense or AZ DUI defense Attorney who defends cases frequently in Chandler Court will know the laws, Court system, judges, prosecution, protocol and most importantly what defenses can be used to negotiate a DUI charge dismissal, or reduction, and get the best possible outcome in your case based on your set of circumstances.

There are many Arizona DUI defenses that can be used, and evidentiary issues that can be challenged to accomplish this. A good DUI Attorney who defends cases in Chandler will examine evidence, determine how to build and mount an effective defense case on your behalf. You will not get such benefits or evidence challenged without a good private practice Chandler, AZ Criminal or DUI attorney. Your chances of getting an Extreme DUI charge can be reduced or dismissed increase drastically with the defense of a good Chandler Criminal Defense or DUI Lawyer.

If you have been charged with any Chandler Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Chandler, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading

How to find a Good DUI Lawyer in Chandler
“Hiring a good Chandler, AZ DUI Attorney can mean the difference between a DUI conviction and a dismissal of your DUI Charges.”

Chandler, Arizona is tough on DUI charges. Convictions carry some of the most severe penalties in the country. If you have been arrested for a DUI in Chandler AZ, you will need the best Chandler criminal defense attorney or DUI defense lawyer you can find. It is important that you find a DUI Attorney who defends DUI charges on a regular basis, and exclusively practices criminal defense and DUI defense. You also want to make sure they defend cases frequently in the court for which you must appear in Chandler, AZ. . Choosing a DUI Lawyer to defend your DUI charges may be one of the most important decisions you will ever face. Below are just a few facts you want to know before making the decision to hire a DUI Attorney. These excerpts have been cited from “Winning Arizona DUI Defense Strategies © Book Series”. Abridged versions of all three DUI Defense help books in he series can be downloaded by the public FREE of charge at www.arizonacriminaldefenselawyer.com
• Which Associate at your Firm will be my Attorney?
• Will I meet with my Attorney before my court date?
• How much work will my Attorney be putting into my case before my court date?
• Does my DUI attorney defend DUI and Criminal cases exclusively?
• Will you be the lawyer who is actually handling my case?
• Who is doing all the investigation on my case? Will you be the lawyer who shows up to court with me?
• Will you be switching lawyers on me?
• Can I meet my assigned lawyer before I agree to hire your firm?
• Will I be able to speak to you if I have a question or concern?
• What are the minimal and maximum sentencing potential of my criminal or DUI charges?
• What is it going to cost for me to hire you?
• Will I have additional court processing fees?
• Will I be responsible for fees incurred for lab retesting or expert fees?
• Does the Attorney charge by the hour or is it a flat affordable fee?
• Is the fee competitive as compared to what similar DUI Attorneys are hiring?
• Why are your fees so much higher than the other quote I received?
• Because your fee is higher does that mean you do extra work or are better skilled?
• What is the final total dollar amount I will have to pay? Is the initial amount a retainer? And is there more charges later?
• Do you charge a flat fee or by the hour?
• What is my stop/loss of fees?
• Will you negotiate a payment plan with me?
• Do I have to pay all up front?
• When will you begin the work on my case?
• Will you be giving me a copy of my fee agreement after me sign?
• How much experience do you have in defending DUI and Criminal Cases?
• What background do you have that qualifies you to handle my case?
• Have you ever been a criminal or DUI prosecutor? Where? How long?
• How much trial and litigation experience have you had?
• What training do you have with the issues involved in my case?
• How many cases like mine have you handled?
• How often do you handle this specific type of case?
• How often do you deal with this particular prosecutor?
• How often do you appear in this court?
• How often do you appear before this particular Judge?
• What is your current caseload?
• How long should I expect to wait to hear back from you if I have to leave a message for you?

Choosing the right attorney to defend your DUI or criminal charges may be one of the most important decisions you will make. Even the best Arizona attorneys who defend DUI cases in Chandler provide Free Consultations. Make sure you are talking with the actual attorney who will be representing you. As far as the questions, you have every right to ask any of these prudent questions that are important to you. If you are being made to feel uncomfortable that you are asking them, head for the exit door. If you can’t ask these questions now, either the answers are not in good, or you’ll find this a good indication, that you will have difficulty communicating with your attorney after you hire them too… but most likely worse. Communication plays a huge part in the success or failure of your defense.

If you have been charged with any Chandler DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Chandler DUI, Chandler Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Chandler criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading

Contact Information