James Novak Tempe Arizona

April 13, 2011

Release Conditions: How to get Pre-trial Release Conditions Modified, if they are unreasonable

How Good Scottsdale Criminal Attorneys Can Help Your Get Your Release Conditions Modified (Pre-trial)

After your Scottsdale DUI or Criminal arrest and detention you will have an initial appearance before the Scottsdale Court Judge. The Scottsdale Court judge will read you your rights, formal charges, and advise you of your pre-trial release conditions. They will let you know if and upon what conditions your release will be allowed. The primary goals of the court is to secure a defendant’s appearance for future court dates or trial, and to make sure their release does not pose a threat or harm to others. .

The Scottsdale Court takes into consider many factors in making g this decision including classification of the charge such as o, misdemeanor or felony, severity of the crime, if the charges involved a violent crime, your past criminal record if any, whether or not you are a potential “flight risk”, and many other factors.

The release conditions should be commensurate with the criminal charge or reason for your arrest. If your release conditions seem to be harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney. A good Scottsdale criminal attorney will immediately file a motion to request modification of your pre-trial release conditions. This can be done while you are in custody. Either you or someone on your behalf can consult a Scottsdale criminal defense lawyer to discuss your charges, defense options, and services of your Attorney’s request to modify your pre-trial release conditions from custody in Scottsdale AZ.

Modifications your attorney requests depends upon what release conditions were ordered by the judge. Some modifications your Scottsdale Criminal Attorney may request include but are not limited to lowering the bail bond to a reasonable amount; allowing you to be released on your own recognizance; allow an appearance bail, or allow you to be released to another responsible entity’s custody, home confinement with ankle bracelet security, and other more favorable conditions than initially ordered by the Scottsdale Court Judge.

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 Scottsdale criminal defense attorney will immediately formulate compelling arguments and file the appropriate motions with the Scottsdale court on your behalf. Your chances of getting your pre-trial release conditions modified with the retention of a good criminal attorney who defends charges in Scottsdale frequently will greatly increase your chances of getting your release modified with more reasonable and favorable conditions for you.

April 11, 2011

Robbery Charges: Under Arizona law all robbery offenses are charged as felonies

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

CHANDLER AZ CRIMINAL ATTORNEYS

If you face Chandler robbery charges you will have an uphill battle to a conviction unless you retain legal representation by a good private practice criminal attorney who defends Chandler robbery charges in Arizona.

Chandler AZ robbery charges are classified as Class 4 Felonies under Arizona criminal code A.R.S. 13-1902. If you face robbery charges in Chandler, AZ you will need to consult a good felony attorney who defends felony charges in Chandler AZ regularly. The best criminal lawyers in Arizona agree in most cases that it is prudent to initially plead “not guilty” and hire an experienced Arizona criminal attorney who defends Chandler AZ robbery charges to defend your case and defend your charge with a qualified AZ criminal attorney who defends Chandler AZ charges.

Felony Charges | Robbery | Chandler Arizona
A.R.S. 13-1902 State Laws for Robbery apply under the following circumstances (cited in part and paraphrased):
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 conviction of Chandler robbery charges is severe. Sentencing may include incarceration with sentences not to exceed 3.75 years in Arizona State Prison; extended jail sentence for up to one year; restitution for the victim’s medical bills, property damage, and 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 Chandler AZ for Robbery Charges
Arizona pursues prosecution of Chandler AZ robbery charges aggressively and to the fullest extent of the law. To defend your Chandler robbery charges you will need a highly qualified criminal attorney to defend you. Only through with legal representation by an experienced criminal defense attorney will you increase your chances of avoiding a conviction, getting a case dismissal, reduced charges, reduced sentencing or other better outcome in your case. Be sure to hire a good felony defense attorney who defends Chandler AZ robbery charges frequently. 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.

April 7, 2011

How to find an attorney to defend your criminal charges

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

How to Find best Scottsdale DUI lawyer to Defend Your Case

“Your decision could mean the difference between a criminal conviction and a dismissal of your charges.”

Scottsdale AZ DUI charges are very serious offenses. The DUI laws in Arizona are extremely strict and harsh. Even a first time misdemeanor DUI conviction will cost you your freedom with jail time. You will need to hire an experienced and well qualified criminal defense or DUI defense attorney to defend you.

Here are some basic sources to start with and added tips to help you find the best attorney to defend you in Scottsdale court:

1) Search the internet. You can find just about anything you need and eaily get information about an attorney from their websites, review sites, and other sources on the web. .

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 Scottsdale 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. In this case you would want a DUI or criminal Attorney who defends cases often in Scottsdale Court.

6) Once you find several attorneys you feel are qualified, contact them for a free consultation.

7) During your consultation, explain your charges and discuss your defense options and their fees.

8) During your consultation ask all the questions you can, to fill the voids you may not have learned on their website or through other services.

9) Compare fees of the attorneys you speak with. But use caution with how much weight you put on this. The most expensive attorneys many not provide you with the best defense. The least expensive attorneys many be some of the best DUI and criminal defense attorneys in the state of Arizona.

10) Comfort level and communication. You must feel comfortable and confident with your choice. If you feel they will not be accessible or have reservations about whether they will provide you with the best defense possible, then you should move on to consult another until you do.

Hiring a DUI or criminal defense attorney for your Scottsdale DUI charges is a big decision, not to be taken lightly. Your decision may mean the difference between a criminal conviction and a dismissal of your charges.

April 1, 2011

What you can do when pre-trial release conditions are too harsh

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

How Top Rated Maricopa County AZ Criminal Defense Attorneys Get Your Release Conditions Modified (Pre-trial)

After your Maricopa County DUI or Criminal arrest and detention you will be required to have an initial appearance before that particular court in Maricopa County. The Maricopa County judge will read you your rights, formal charges, and advise you of your pre-trial release conditions. The primary purposes of court in setting release conditions is to 1) secure a defendant’s appearance for future court dates or trial, 2) and to make sure the defendant’s release does not pose a threat or harm to others in the community.

The Maricopa County Court Judge takes into account many factors in making this decision including classification of the charge such as a misdemeanor or felony; severity and nature of the charges; if the charges involved a violent crime; your past criminal record if any; whether or not you are a potential “flight risk”; along with other standard release conditions and factors.

The release conditions should be commensurate with the criminal charge. The release conditions should not be unjust or unreasonable based on the crime you are accused of committing. For example, if a financially burdened defendant, with no prior criminal record was accused of shoplifting milk and a loaf of bread, without any weapons or threat of harm to anyone in the store; it would be outrageous for the judge to require him to post a $950,000.00 bail bond in order to be released from custody (truly outrageous…but just to make the point). If the release conditions seem overly harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney.

An experienced private criminal defense attorney who defends charges regularly in Maricopa County Courts will immediately file a motion to request modification of your pre-trial release conditions. This can be done immediately while you are in custody. Either you or someone on your behalf can consult a Maricopa County criminal defense lawyer to discuss the charges, defense options, and services your Attorney can provide involving a request to modify your pre-trial release conditions from Maricopa County police custody. This legal defense service by your private attorney is usually done as part of the entire retention and formal defense process.

Examples of modifications your Maricopa County criminal defense Attorney may request include but are not limited to lowering the bail bond to a reasonable amount; allowing you to be released on your own recognizance; allow an appearance bail, or allow you to be released to another responsible entity’s custody (for example a minor being released to the parents of the minor) home confinement with ankle bracelet security, and other more favorable conditions than initially ordered by the Maricopa County Court Judge.

When you discuss your case and initial release conditions with your Maricopa County Criminal or DUI Defense Attorney, be sure you communicate your concerns about the initial orders and how they will impact you, your family, your job, your financial situation. Your Maricopa County criminal defense attorney will immediately formulate compelling arguments and file the appropriate motions with the Maricopa County court on your behalf, in most cases while you are still in custody if you have retained them formally for legal representation.

Your chances of getting your pre-trial release conditions modified with the retention of a good private practice criminal attorney who defends charges in Maricopa County frequently significantly increase in your favor.

March 30, 2011

Medical Marijuana Law Update

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

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 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 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.