Articles Tagged with Law Office James Novak

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February 25, News Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney
On March 1, 2011 Scottsdale Police plan to rent space to defendants in other cities valley-wide convicted of non-violent misdemeanors including Arizona DUI charges for up to 48 hours. This alternative is being offered in lieu of spending that time in Maricopa County’s Tent City or Maricopa County Jail.

No one wants to do time for an AZ DUI conviction under the harsh conditions of Sherriff Joe’s Tent City. So the question is “what’s the catch?”
First, it’s not about comfort for the defendants. Basically, it boils down to money issues. The city of Scottsdale faces a $20 million deficit for next fiscal year’s budget. The idea is to bring in $700,000 from this 6 month pilot program to rent the jail space in the Scottsdale Detention Facility. But some speculate whether or not it makes sense. Officials indicate that that it costs the city approximately $500,000 to keep the jail facilities opened. Scottsdale hopes to offset existing costs, of keeping its two jail facilities opened, and earn a $200,000 in profit to help the budget. The primary Scottsdale booking facility is the down town jail on 75th street in Scottsdale AZ. The facility where they will be renting the space is the Scottsdale via Linda Detention Center.

Scottsdale City officials feel it will help the over populated Maricopa County jail and Tent City because some valley cities in Maricopa County, such as Mesa AZ, do not have the space or capacity to hold defendants overnight. If the 6 month trial fails, officials report that the City of Scottsdale may have no choice but to consider ceasing operations and closing the building down.

Other concerns are that there are only eight additional beds available for out-of city defendants, because the other six are being used to accommodate convicted defendants from Scottsdale City Court.

So how do defendants opt in? Well, besides the Arizona Criminal Justice system’s tape, several other things need to happen. For one, there needs to be room available at the Scottsdale via Linda facility. Eight beds do not sound like a lot. Considering the program is available to valley wide cities, the “no vacancy” sign might light up sooner than expected. And Two, it will cost the defendant $189.00 per day, out of their own pocket to stay at the Scottsdale via Linda jail. Ouch…on a good day, $189.00 that could pay for a nice room at some of the valley’s best hotels and resorts.
Article Resource Used: AZCentral.com, Arizona Republic Newspaper, & Local Fox News Television Station.

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On February 18, 2011 synthetic Marijuana Bill HB 2167 was signed into law, permanently banning use, possession, or sale in Arizona.

February 24, News Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney
The permanent ban has now been signed into Arizona law by Governor Jan Brewer, which takes effect immediately. Synthetic Marijuana (fake pot) was found to be responsible for such severe and sometimes fatal conditions including but not limited to seizures, strokes, high blood pressure, visual disturbances, heart dysfunctions and more. The synthetic Marijuana chemical compounds were found to be 700 times more potent then the authentic substances of the active ingredients in Marijuana.

Bill Montgomery, Maricopa County Attorney stated that those using, possessing or selling this drug should “consider themselves on notice”. He vowed to aggressively prosecute those who have been charged or arrested for using, possessing or selling synthetic marijuana; and that this and similar drugs pose a threat to the citizens of Maricopa County.

Sources: Office of the Governor, and Local Television News Agencies.
This news is a follow-up article to www.Arizonacriminaldefenseattorneyblog.com dated December 15, 2010 regarding Temporary Ban on use of synthetic or fake Marijuana also known as Spice: http://www.arizonacriminaldefenseattorneyblog.com/cgi-bin/mt-search.cgi?search=synthetic+marijuana&IncludeBlogs=401&search= Click on this link for more detailed information on synthetic marijuana and the ban on it.
Author: James Novak – Criminal Defense and DUI lawyer in Arizona (Former Prosecutor).

The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Phoenix, Mesa, Tempe, Scottsdale, Chandler, Tempe, Gilbert Arizona and surrounding cities valley-wide. .

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By: James Novak, Phoenix DUI & Criminal Defense Lawyer
Due to ethical practices, this author will not be throwing any peers under the bus or name dropping. Even better however, you will get tips and tools to help you identify, good Arizona criminal defense Attorneys and DUI lawyers from those who should think twice about before hiring. The ordeal of a DUI stop or criminal arrest is traumatic for most people. The last thing you need, is to be taken advantage of, adding insult to injury. Here are examples of 5 red flags that should alert you, to seek another criminal or DUI lawyer’s services for your Arizona criminal charges.

1) An Attorney out of state who is not licensed to practice law in Arizona.
If you have Arizona criminal or DUI charges, you need to hire an attorney in good standing who is licensed to defend cases in Arizona, for many reasons. To name a just a few: Criminal and DUI laws and penalties are some of the most severe in the country. The laws are turbulent and constantly changing. You need to hire someone who is well versed and familiar with the laws and the criminal justice system in Arizona.

2) An Attorney who “guarantees” they can get your DUI or Criminal charges dismissed. No attorney has a crystal ball. No attorney can tell you before retention, examination, and due criminal law process, what the outcome will be. And certainly no attorney can predict in advance what a jury will decide. . Anyone who guarantees an outcome to lure you into to hire them is giving you false hope, which is cruel and unethical.

3) An Attorney who tells you all DUI charges are “standard” and will result in the same outcome. This could not be further from the truth. All DUI & criminal cases have their own unique set of circumstances. Depending on the facts, the laws, the attorney who is defending you; defense strategies used; the strengths and weaknesses of the prosecution’s case; and much more, determines the outcome in a case. DUI and criminal charges get dismissed every day in Arizona. Some of the charges and sentences can be reduced. Some defendants enter negotiated agreements which can have a variety of terms. Every case is different, and there are many possible outcomes.

4) An Attorney who uses “scare tactics”. There is big difference between giving you factual information related to your charges and the criminal law process, v. trying to scare you into hiring them. After your consultation or hiring of an attorney you should feel confident that you are in good hands and that you have hired a competent AZ DUI and criminal attorney who will fight vigorously for your rights and freedom. You should feel a sense of trust and peace of mind- in their competence. You should never feel that if you don’t hire that particular attorney you will get the maximum sentencing allowed by law. Enough said.

5) An Attorney who charges high fees tells you that if another Attorney charges lower fees, they are less competent or will do less work on your case. Wrong, wrong, wrong again. There are no official governing entities dictate how much attorneys can charge in Arizona. You will get a wide range of quotes low to high. What AZ criminal and Dui Attorney’s charge is not a reflection of their competence, or how hard they will work to defend your case. Some of the best Arizona DUI lawyers charge some of the lowest fees and have for years. There are many reasons for this including, the law firm’s operating costs, staffing needs, advertising expenses, size of the firm, competition, location, and more. Arizona has no shortage of qualified, experienced criminal and DUI attorneys who can provide you with a solid and effective defense at an affordable price.

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ADHS announces final rules for the Arizona Medical Marijuana Act on schedule to be published March 28, 2011. Over 2,150 comments were submitted to ADHS regarding the final rules.

February 19, 2011 News Post
Article by: James Novak, Phoenix DUI and Criminal Defense Attorney
According to the official ADHS website, the public comment period for the draft rules closed February 18, 2011 as expected. The ADHS stated their target date to publish the final rules is March 28, 2011.

The ADHS will be reviewing the more than 1,000 comments they received electronically and 150 verbal comments provided during public comment sessions, on this second and final round of soliciting public feedback. Abut 1,000 comments were submitted for the initial draft rules. The ADHS plans to make the comments available to the public in the near future.

When you think about the hundreds of thousands of people who voted one way or the other, on Prop 203 back in November 2010, the number of comments, (approximately 2,150) pales in comparison.

So here we are, with implementation around the corner. Arizona residents were given their chance to vote, and provide constructive input regarding the Medical Marijuana Act rules. Each city in Arizona will administer the Medical Marijuana Law by adopting the final rules as they see best fit for their city.

There will be those who have significant interests or who will be greatly affected by the law, and are still unhappy with the final outcome following all due processes. With respect to those, they have one final option to act: Put simply, move…to another city or state. Like it or not, that’s the way it is.

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Arizona criminal Lawyer provides insight into Criminal Defense for Theft Charges in Arizona

If you face felony theft charges in Arizona it is important that you contact Arizona criminal attorney who defends charges in the jurisdiction where you were arrested or received charges. Felony theft charge convictions can result in severe penalties, incarceration, in prison or jail, large fines, mandatory restitution and other punishments added as the court deems necessary based on the facts. You may have defenses that can be used to help you avoid a conviction. The best Arizona criminal attorneys agree you’re your chances of getting you’re AZ theft charges dismissed or reduced increase significantly if you retain an experienced Arizona criminal defense attorney.
Arizona Theft Defenses Based on Theft Laws in Arizona
Arizona theft laws begin with A.R.S. 13-1801 and A.R.S. 13-1802 and can be found at the azleg.state.az. Arizona Revised Statutes website. This discussion surrounds excerpts of the law cited in part from A.R.S. “13-1802. Theft; classification which reads in part as follows:

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

It is a comprehensive of a definition. But from a defense standpoint emphasis was added to the words “knowingly” and “intent”. In order to get a conviction the Arizona prosecution will need to prove that you knowingly and intentionally committed the theft. This is just one of many defenses that experienced criminal defense attorneys in Arizona will use to build an effective defense on your behalf. Depending on the circumstances of your case, a good private practice criminal lawyer will recognize other defenses and present compelling arguments on your behalf.

Felony Theft Penalties Arizona
Felony Theft Penalties are determined based on classification of the felony. Felony theft classification is based on the dollar amount or value of the stolen property or service summarized below:

• $25 000. or more = Class 2 Felony;
• $4,000. or more but less than $25,000.00 = Class 3 Felony;
• $3,000. or more but less than $4,000. = Class 4 felony;
• Theft of a vehicle engine or transmission is a Class 4 felony, regardless of the value of that vehicle, engine or transmission;
• $2,000. or more but less than $3,000 = Class 5 felony;
• $1,000. or more but less than $2,000.00 = Class 6 felony;
• Less than $1,000. = Class 6 felony if the stolen property is a firearm or an animal stolen with the intent of using it for animal fighting (A.R.S. 13-2910.01 violation)

If the stolen property or service value is equivalent to $100,000.00 or more the defendants will not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as pursuant under section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

Criminal Defense Attorney in Arizona
Arizona felony theft charges have many facets which need to be evaluated by an experienced criminal lawyer to determine from what front the charges may be challenged. A good criminal lawyer in Arizona will know how to use the Arizona Laws to your defense advantage. They will guide you through the criminal law process, while looking for every opportunity to strengthen your defense, challenge evidence, and weaken the prosecution’s case against you. Due to the severity of penalties for felony thefts it is imperative to be defended by an experienced private practice Arizona criminal attorney if you wish to have any chance for success at defending your charges, getting a case dismissal, reduction of charges, sentencing or good outcome in your case.

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Law Article Written By: James Novak, Phoenix DUI & Criminal Defense Lawyer
If you are charged with a crime or DUI in Arizona, you should consult a good Arizona Criminal Defense or DUI Attorney. Many do not know where to start or what to look for when to hire a good DUI or criminal attorney. Consequently, they may hire the one lease expensive thinking will produce the same outcome, so why pay more? Or to the contrary some feel if they higher the most publicized or expensive DUI and Criminal Defense attorneys they will get a better outcome. Neither perception is true.

Some of the best Arizona criminal and DUI defense attorneys are Law Firms who charge the most affordable price and can get you the same or better outcome. And some of the most expensive attorneys simply “go through the motions” and do little to protect your rights or fight for your defense. In the latter scenario, the final product results in a losing and unfavorable outcome. The best qualified Arizona criminal defense and DUI lawyers agree that there are far more factors to consider than price. There are more factors to consider when choosing an attorney if you are facing AZ criminal or DUI charges. So below are some important questions to ask and answers to consider:

• Are they familiar with constantly changing Arizona Laws and penalties?
• What forum or resources do they use to keep updated on these changes?
• Are they licensed with the Arizona State Bar to practice criminal and DUI defense in Arizona?
• How long have they resided in Arizona?
• How long have they defended criminal and DUI charges in Arizona?
• Approximately how many cases have they defended relating to your particular charges (assault, DUI, Theft, etc)?
• Are they familiar with utilizing criminal and DUI defense strategies that apply to your charges?
• How long they have been practicing Criminal and DUI defense?
• How experienced are they in trial and litigation?
• Approximately how many trials have they done?
• What was the outcome of those trials?
• Is their Law practice exclusive to Criminal and DUI Law?
• Have they been former prosecutors?
• Do they have a proven track record of success?
• Are they good litigators?
• Can they examine the evidence to build and mount the best defense?
• Do they regulate their case load to make sure they can put the time and effort needed to labor over building and mounting the best defense for you?
• Who will be handling the details and events of your case from start to finish? If a different attorney at that law firm will be handling your case, you want to make sure you meet them and ask them the same questions.
• Are they strong enough to challenge the prosecution’s case or evidence against you?
• Will they be available to answer your questions and guide you through the processes?
• Will they over turn every item of evidence to look for weaknesses in the prosecution’s case?
• Will they be able to present compelling arguments and file motions with the court, and educate the judge, prosecution and jury about your side of the story?
• How often have they defended cases in that particular court you are required to appear in Arizona?
• Are they familiar with the judge, prosecution, procedures, and stringent time-lines?
• Have you read reviews on the internet about the quality and effectiveness of their defense?
• Has anyone you know and trust referred them to you?
• Are their fees affordable and competitive in relation to others in the jurisdiction for which you face charges?
• Can you comfortable with communicating with them?
• Are they directly assessable?
• Are they respected and reputable in the community?
• Did you feel confident after your consultation that this DUI or criminal Attorney will give you the best defense possible?

This is just a sample list to consider when looking for a good AZ criminal or DUI attorney, but this should paint the picture. A good defense attorney will gladly answer these and any other questions you have to your satisfaction. If not, or you do not fee that comfort level, then talk to other criminal or DUI attorneys in Arizona until you do. You are the employer in this case. It is only prudent that you ask the right questions and get the answers you need to hire the best Criminal or DUI attorney to defend your case.

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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.

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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.

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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.

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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.

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