Articles Tagged with tempe DUI lawyer

A good Tempe criminal defense or Tempe 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 Tempe Criminal Court and prosecution. There is no substitute for an experienced Tempe AZ criminal attorney or DUI lawyer who defends cases in Tempe, AZ who is also a skilled litigator.

If you were arrested in Tempe AZ or face criminal or DUI charges s in Tempe you need to retain a Tempe criminal defense attorney or Tempe DUI lawyer who has a vast amount of experience and knowledge of Arizona laws, your constitutional rights, Arizona criminal justice system, and protocol and defends cases frequently in Tempe AZ. Most importantly, your Tempe criminal attorney or Tempe DUI lawyer should be extremely familiar with the defenses that can be used to build you a solid and effective defense needed to challenge your Tempe criminal or Tempe DUI charges. An experienced Tempe Criminal Attorney or DUI Lawyer in Tempe will determine the best defense strategy to use, based on the circumstances of your criminal or DUI charges. Your Tempe criminal defense attorney or DUI lawyer in Tempe 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.


• Arrest – In order for a Tempe, 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 Tempe 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 Tempe Criminal 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 Tempe 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 in Tempe
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 Tempe criminal attorney or Tempe 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 Tempe Police or Tempe 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 Tempe criminal defense attorney or trial lawyer in Tempe who is experienced in criminal defense litigation.

Criminal Law Tempe
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
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

DUI or Criminal charges in Tempe AZ, are governed by the State of Arizona’s rules and criminal codes.

Criminal Attorney Tempe AZ
Your future depends upon a strong defense by a criminal attorney who defends criminal or DUI charges frequently in Tempe Criminal Court. The choice is always yours to retain a criminal or DUI lawyer or not. However, given the harsh laws and punishments for Tempe criminal and Tempe DUI charges it is strongly recommended that you at least consult a criminal defense or DUI lawyer. The cold fact is that the Tempe prosecution is always relieved if the defendant chooses to go unrepresented because it makes their job easier to convict you. If fact, going to Tempe Criminal Court without qualified criminal attorney or DUI lawyer is certain to “fast track” a Tempe DUI or criminal conviction.

Some feel the Tempe 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 Tempe criminal attorney or DUI lawyer who defends cases frequently in Tempe, 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 Tempe criminal defense or Tempe 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 Tempe Criminal 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 Tempe court will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.

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How Tempe DUI Lawyers Get DUI Charges Dismissed
“If the Tempe DUI stop was found to be illegal, there is strong potential that your Tempe DUI charges can be dismissed.”

If your face Tempe DUI charges, you should consult an Arizona DUI Lawyer who defends DUI charges in Tempe on a regular basis. Many Good DUI Attorneys will provide you with a free consultation. During your consultation Your Tempe DUI Attorney will some important questions. One of the first questions a good AZ DUI attorney will ask you is “What was the alleged reason for the Tempe DUI stop? Although they may sound like irrelevant questions to you, they will be imperative in your defense, which could lead to a possible dismissal of your charges.

The United States Supreme Court has held that an officer must have a “reasonable suspicion” that a criminal offense or traffic offense has been committed or is in progress in order to stop a vehicle. (This excludes DUI Checkpoint Task Force which requires the police to stop cars in an advanced mathematical formula decided by City or County Officials or the Police Department Management).

If the officer did not have a reasonable suspicion, then the remedy can call for a dismissal of the DUI charges. An officer 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, is not generally unlawful and should not justification for a Police Officer to Stop you for suspicion of Drunk Driving in or Drug DUI in Tempe. These types of driving actions are commonly seen in unimpaired drivers.

If the Tempe DUI stop by the police was illegal then your Tempe DUI Attorney will go through the proper channels, argue the defense, and file the appropriate motions to have your DUI charges dismissed. Then it will be up to the judge or jury to decide if the stop was truly meritless. If the Tempe DUI stop was found to be illegal, there is strong potential that your DUI charges can be dismissed or any evidence after the stopped suppressed. In any event, it puts a wrench in the prosecution’s case against you.

To learn more about the many DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit
There 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 Tempe 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 Tempe, Phoenix, Chandler, Scottsdale, Gilbert, Mesa, Gilbert, and surrounding areas valley-wide within Maricopa County Arizona.

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