James E. Novak participates in several legal organizations including The Arizona Attorneys For Criminal Justice, The Association of Trial Lawyers of America, and others. As well as:
National Assoc. of Criminal Defense Lawyers
National College for DUI Defense
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Jurisdiction as it relates to criminal charges is a certain Court’s authority to hear specific types of cases. It involves both geographic elements as well as legal authority afforded by the State, County and Federal laws. Felonies and Misdemeanors have are heard in different courts. Generally, the city, county and state where a person is arrested, or accused of a crime, is the geographic location where the criminal justice court proceedings will begin. Below are some facts and guidelines for Arizona court jurisdiction for felonies and misdemeanors in Maricopa County:
- Felonies are heard in the Arizona Superior Courts. AZ Superior Court is considered only one entity, but they have different locations serving Arizona, and Maricopa County.
- Misdemeanors are heard in the lower courts – Municipal Courts, City courts and Justice Courts in Arizona. The Municipal Court in Mesa is located at:
Mesa Municipal Court
250 E. 1st Avenue
Mesa, Arizona 85210
480-644-2255
- Felony cases sometimes have preliminary hearings in the lower courts (Municipal, City, and Justice Courts).
- A defendant may be charged with a misdemeanor initially, but later their charges can be raised to a felony, upon receipt of new evidence or completion of a criminal investigation. The defendant will then be notified of the change, higher charges, and new court location they will need to appear.
- The Court in where the defendant needs to appear will be on the paperwork or Complaint they received following their arrest, or by other communication such as mail.
Criminal Court Appearance in Mesa, AZ
If you are required to appear in Court for DUI or criminal charges, you should consult an attorney who defends charges in that court Jurisdiction. They will be familiar with the laws, courts, rules of criminal procedures, and all the elements that surround the criminal process.
Once an official attorney has been established, your attorney can defend your charges and guide you through the case stages of a felony or misdemeanor charge. There may be defenses they can use to challenge the charges or evidence, to help you get a favorable outcome in your case. For example, if charges are brought in the wrong jurisdiction, you attorney can move to have the charges dismissed.
With spring just arrived and summer only months away, many of us look forward to the longer days and hours of outdoor entertaining. Whether casual BBQs and picnics or more formal affairs, warm weather celebrations can often include alcohol. As a responsible party host, you might wonder what you can to ensure that your guests do not drive under the influence. Nationally, there are over one million DUI arrests every year, with approximately 30,000 DUIs in Virginia alone. If you find yourself needing legal representation by a Fairfax DUI Lawyer or a Leesburg DUI Lawyer, please contact us .Drivers under the influence of alcohol are often impaired, with slowed reflexes and the related inability to react to other cars and obstacles in the road thus endangering their life, that of their passengers, and others on the road.
To ensure that your guests do hit the road when their driving may be impaired, arrange in advance for some guests to remain sober as designated drivers. Collect car keys from the rest of your guests and don’t return them to anyone who appears intoxicated. Make sure that sober driver volunteers, and other party goers, have plenty of beverage options to choose from besides alcohol. Some good alternatives are soda waters garnished with lemon or lime, soft drinks, non-alcoholic beers, and sparkling ciders. If you’re hiring a bartender or asking a friend to handle the duties, explain that it’s important to you that guests are not over-served. If someone seems past their limit, ask that they not be served any more alcohol. For those choosing to imbibe, moderation is crucial. Finally, arrange for “last call” in advance of the party’s end. Give about an hour of breathing room and alternate beverage choices before guests start heading home. Remember that hot weather can be dehydrating—and alcoholic beverages may hit harder than usual.
Keep in mind that impaired driving and drunk driving may coincide, but aren’t necessarily the same thing. A person is considered to be driving under the influence in Virginia, or drunk, when their blood alcohol content (BAC) is at or above 0.08. However, even with a BAC lower than 0.08 a person’s coordination, judgment, and reflexes can be negatively impacted.
Price Benowitz LLP is an established law firm that services many parts of Maryland and Virginia. If you are ever in need of a Maryland DUI Lawyer, please contact us.
Possession of Weapons by a Prohibited User in Tempe AZ
Under A.R.S. § 13-3102. 4. 5.
A person may be guilty of misconduct involving weapons if they knowingly:
- Possess a “deadly weapon” defined in A.R.S. § 13-3101. A. 1 or “prohibited weapon” A.R.S. § 13-3101. A. 8 if the person is a “prohibited possessor” as defined under A.R.S. § 13-3101.7 ; or
- Transfers or sells a deadly weapon to a prohibited user or possessor
Prohibited Possessors of Firearms
Under A.R.S. § 13-3101. 7
“Prohibited possessor” is defined as any person:
- Who was found to be a danger to themselves or others persistently or acutely disabled or gravely disabled pursuant to court order under section A.R.S. 36-540 and whose constitutional rights to possess a firearm have not been restored under A.R.S. 13-925;
- Convicted in Arizona or any other state, of a felony who, or was through the legal process pronounced delinquent for a felony; and whose civil rights to possess or carry has not been restored, as required by the laws of that state;
- In possession of a firearm and is currently serving a prison term in any correctional facility or prison;
- In possession of a firearm if they are currently on probation pursuant to a domestic violence conviction, under A.R.S. § 13-3601; other felony; parole; community service; work furlough, home detention or house arrest;
- Undocumented or nonimmigrant traveling with or without documentation in Arizona for business or other purpose; including studying in this state; while still maintaining foreign residence out of the United States. Exceptions to this rule include persons:
1) In a Nonimmigrant Alien status who has secured a valid hunting permit lawfully issued by any state in the United States of America;
2) In a Nonimmigrant Aliens status who enter the USA to participate in a formal target shooting competition display or show firearms at a sports or hunting trade show sponsored in a local jurisdiction, state, or national firearms trade organization devoted to these purposes;
3) Authorized diplomats;
4) Distinguished foreign visitors or foreign government’s officials designated by the US State Department;
5) Who possess a waiver extended by the USA Attorney General
6) Minors pursuant to A.R.S. § 13-3111
A.R.S. § 13-3102. L Defines Classifications for Crimes of Misconduct Involving Weapons
- Misconduct involving weapons by Prohibited Possessors may result in a violation of probation, or parole, including reinstated sentencing for the original crime for which they were originally convicted;
- Misconduct involving weapons by a Prohibited Possessor is a Class 4 Felony;
- Offenses involving transfer or sale a deadly weapon to a prohibited user or possessor is a Class 6 Felony;
- Any offense where a weapon is used in a crime whether the offender is a prohibited possessor or not, is considered to be an aggravating factor and a Class 4 felony, or higher depending on the criminal offense for which the prohibited processor used the weapon.
Weapons Crimes Defense Attorney Tempe AZ
If you are facing weapons charges, whether you were a prohibited possessor, or not, you should consult an experienced criminal defense firm to discuss your charges, potential penalties, and defense options. Most crimes involving weapons will be charged as felonies. All felony offenses expose the defendant to prison sentencing, large fines, fees, loss of civil rights and other penalties. If retained, they will make sure your rights are protected and defend your charges to help mitigate sentencing. In some cases there may be defenses that can be used, to reduce the charges and increase your chances of getting them dismissed.
If you were arrested for DUI or charged with a crime, you should have a complaint or citation. This document will provide information about the location and name of the court that you are required to appear. This is hearing is called an “Arraignment”. All misdemeanors are heard in the lower courts which are City or Justice courts, in the municipality where you were cited or arrested.
If you are required to appear in Tempe Municipal Court, for a misdemeanor or preliminary hearing for a felony for DUI or criminal charges. Below is the location and telephone number for that criminal court:
Tempe Municipal Court
140 East 5th Street #150
Tempe, AZ 85281
The telephone number for that court is Telephone (480) 350-8271, if you need additional information about the court’s location. If you have questions regarding your requirement to appear, you should direct those to a private practice criminal defense attorney for assistance, instead of the court.
Initial Court Appearance Representation
It is always recommended that you consult a criminal lawyer who defends charges in the city where you were arrested or cited, before your court appearance. They will provide you with information concerning your charges and options for retaining legal representation to defend your charges.
You should never ignore your court date. “Failure to Appear” A.R.S. § 13- 2506 for court as instructed will result in a Bench Warrant for your arrest, and additional criminal charges. If retained, your attorney can sometimes vacate the Arraignment, and file the appropriate legal documentation that would have been asked for during your appearance. They will then get a new court date, and begin working the case in your defense.
An arrest is not a conviction. You should always invoke your right legal representation for your charges. Here are a few of your initial rights following an arrest in Chandler, you should preserve in your defense:
- Advise the arresting officer that you with to invoke your right to remain silent following your arrest, if you are questioned or interrogated about the criminal charges, until your attorney is present;
- Plead “Not Guilty”. It is best to allow your attorney to enter this plea for you;
- Hire a criminal defense attorney as soon as possible
Failure to preserve your rights, could jeopardize your defenses. For example, you could innocently make statements that seem harmless, but actually may result in self-incrimination. Another waiver of your rights, would be if pled “Guilty” at your Arraignment. By pleading guilty without qualified representation, you are admitting full guilt, and informing the court that there is no defense for your actions. This could result a fast conviction, with maximum penalties allowed by law.
Defending Chandler Drunk Driving Charges
Police work closely with the prosecution to get DUI and criminal convictions. Arizona DUI laws are strict and penalties for convictions are harsh. Current they include mandatory jail sentences for misdemeanor DUI convictions. You should always consult a private practice criminal defense firm, before entering any plea or appearing in court for your charges. There may be defenses you are not aware of that can be used to challenge evidence, get charges reduce, mitigate sentencing, or even lead to a dismissal of charges in your case.
The first 24-48 hours of your arrest are crucial with regarding to your criminal defense. Many people arrested for DUI feel polarized and overwhelmed by the events. Below are proactive steps you can take which will enable you to regain control of the situation, your future and freedom. They will also increase your chances of getting a good outcome in your case.
10 Things to do after a Scottsdale DUI Arrest
In order to reduce the adverse impacts of your DUI, and increase the chance of getting favorable resolutions to your case, here are some things you should do:
- Consult a Criminal Defense Attorney: Contact and retain a criminal defense firm that defends charges in the city where you were arrested for DUI charges.
- Prepare for your Release Conditions: If your release conditions are unjust or too harsh, attorney can move to modify the Release Conditions.
- Get your vehicle back from impound: If your vehicle was impounded, have it retrieved as soon as possible to avoid accumulation of daily storage fees.
- Schedule your Arizona Motor Vehicle Department (MVD) Hearing: If your driver’s license was suspended you have 15 days, from your arrest date to challenge the suspension. Often, your attorney will work with you on this aspect.
- Appear for your Scheduled Court Date: If you do not have an attorney, make sure you appear for your hearing. Failure to appear (FTA) will result in a bench warrant or your arrest.
- Document for the Police for the DUI stop, by police: In order for the DUI stop to be lawful, police need to have “reasonable suspicion” that a violation of the law occurred or was in progress (excluding DUI task force stops). If the stop was unlawful, then was a violation of your rights. In that event, your attorney will move to suppress any evidence collected against you after the stop by police.
- Resolve Tickets, Fines: If the police also cited you for violations involving vehicle registration, license plates, or insurance, try to resolve the issues prior to your first court appearance.
- Repair vehicle trigger problems or mechanical failures: Get necessary repairs done on your vehicle that led to the DUI Stop. For example, replace broken windshields in driver’s side visual field; burnt out head lights, brake lights or turn signals.
- Take photographs, document conditions, details, and location of the DUI stop and Field Sobriety Tests (FST): Photos should include landscaping, testing location; barriers, obstacles, stop signs, or traffic signals. If FSTs were conducted, try to recall and document weather conditions; lighting; landscaping; physical limitations; disabilities, or impairments you suffered from during the FST. Some locations are not suitable, and some people are not good candidates for Field Sobriety Testing. If a Field Sobriety Test was conducted despite unfavorable conditions, the validity of the FST results may be challenged.
- Document a detailed narrative of all events before, during and following your DUI stop, and arrest. Details can fade with time. For this reason, you should try to put together a narrative of events, conversations, questions, and answers that took place between you and the police; You should also document food and drink consumed within 24-48 hours of the stop; medications or drugs taken; names of witnesses, if known; DUI or Drug chemical or blood tests conducted. There are many facets of defenses that surround these charges, and challenges often arise from those details.
Lawyer for DUI charges in Scottsdale, AZ
If you were arrested for a DUI in Scottsdale, you should consult a criminal defense attorney, to discuss your case and legal representation options. A DUI is not a civil traffic citation, it is a criminal offense in Arizona. You should invoke your right to retain an attorney to defend your charges. DUI convictions carry harsh penalties. Sentencing includes jail time; use of an ignition interlock device; alcohol or drug abuse counseling; license suspension; fines and fees. You will need a legal advocate to make sure your rights are protected and defend your charges through the criminal justice court system.
Jurisdiction as it relates to criminal charges, and the court which has the authority to hear the criminal case. Each court has designated jurisdictional authority over specific types of cases such as Felonies or Misdemeanors. The Court in where the case will initially be heard, should appear on the Citation or Complaint document they received at the time of their arrest or by mail. Arizona law extends jurisdictional authority to certain courts for specific types of cases as follows:
1) Felony charges are heard in Arizona Superior Court. AZ Superior Court is considered one entity. However, there are different locations serving Arizona, and Maricopa County.
2) Misdemeanor cases are held in lower courts including municipal Courts, city courts and Justice Courts.
3) Preliminary hearings for felony charges may occasionally be heard in the lower courts such as city, municipal and justice courts.
4) Initial Charges Misdemeanor - In some cases, defendants may be initially charged with a misdemeanor; but due to the development of new evidence or circumstances by the police and prosecution, they are later elevated to felonies. In these cases, the court location will then be changed from a lower court to the AZ Superior court. The defendant will be notified of any changes in charges and court location if applicable.
Notice of Charges and Court Appearance in Gilbert AZ
You should never ignore a citation, or instructions to appear in criminal court for a crime or DUI offense. If you have not retained legal representation, a Bench Warrant may be issued by the presiding judge for your arrest A.R.S. 13-2506 (Misdemeanor) & A.R.S. 13-2507 (Felony). Failure to appear for your scheduled court will result in addition criminal charges, and is a Class 1 Misdemeanor. If you have retained a criminal defense attorney, they will provide you with additional or alternative instructions. It is always best to retain criminal defense representation, or in the least a consultation well in advance of a scheduled court appearance for your charges.
Theft charges may be brought as Misdemeanors or Felonies. Felony Thefts are those where the values or dollar amount of stolen property exceed a specified amount by law. Other factors are also considered including the nature or type of items stolen. Felony thefts will be charged under ARS § 13 – 1802 if the value of stolen property is:
- Equal or more than $1,000.00;
- Under $1,000.00, if the stolen property is a Firearm;
- Under $1,000.00 if the stolen property is an animal stolen for the purpose of fighting.
Under Arizona law, a person may be convicted of Felony Theft charges if the offense fits the following criteria:
- If they “knowingly” and “intentionally” committed offenses that apply under the following statutes:
ARS § 13 – 1801. Definitions;
ARS § 13 – 1802. Theft; classification; definitions; and
- The value of the stolen property or service is equal or more than $1,000; or
- The value of the stolen property is less than $1,000.00, and is Firearm; or
- The value of the stolen property is less than $1,000.00, and is an animal; stolen with the intent of using it for animal fighting an ARS § 13 – 2910.01 violation
Theft Defense in Tempe, AZ
Challenging the specified value or dollar amount of stolen property in a Felony Theft is a critical area of criminal defense. If successful the charges may be reduced to a Misdemeanor theft, which would help a defendant avoid prison terms. It is important that you hire legal representation as early as possible if you face felony theft charges. The penalties are harsh, and the prosecution pursues convictions egregiously for these crimes. You should consult a criminal lawyer who frequently defends theft charges in Tempe, AZ. They will provide you with information concerning your charges and options for defense. If retained, they will protect your rights and defend your charges.
Your best chance of getting any favorable decisions in the pre-trial, trial, or sentencing stage, will be to retain a private practice criminal defense attorney. If the charges cannot be dismissed, they will look for mitigating factors that will reduce sentencing, and attempt to help you avoid harsh prison terms. This is important because the prosecution will be building their case to present aggravating factors in order to get a longer prison term and harsher penalties. You will need your own legal advocate to defend these charges; protect your rights; and work to get a favorable outcome in your case.
“When a defendant pleads “not-guilty” due to a “justification” defense, they are basically affirming that they used force against another person, for a justifiable reason described under A.R.S. § 13-411; and thus, their actions did not constitute a criminal defense.”
Justification laws are sometimes referred to as “Stand Your Ground” laws. They refer to actions of another resulting from self-defense, or force needed by a person to prevent criminal conduct against them. Some Arizona laws that relate to Justification defenses are found under
A.R.S. § 13 – 205 and A.R.S § 13 – 411. Arizona is one of more than 20 states who have enacted such legislation involving “Stand Your Ground” laws. The states that have such laws, use their own variation of language and provisions. In Arizona a person may lawfully use force in self-defense:
- If they have reasonable belief of threat, that a crime under A.R.S. 13-411 will be committed against them;
- Without a duty to retreat before threatening or using physical force or deadly physical force as justified under A.R.S. § 13-411
When a defendant pleads “not-guilty” due to a “Justification” defense, they are basically affirming that they used force against another person, for a justifiable reason described under A.R.S. § 13-411. Thus, their actions did not constitute a criminal defense.
13-205. Affirmative defenses; justification; burden of proof
Justification defenses describe such conduct that, if unjustified, would constitute an offense; However if justified, does not constitute criminal actions or wrongful conduct. If evidence of justification pursuant to chapter 4 of this title is presented by the defendant, the state prosecution must prove “beyond a reasonable doubt” that the defendant did not act with justification.
A.R.S. § 13-411. Justification; use of force in crime prevention; applicability means a person is justified in using or threatening physical force and deadly force against another person if a person reasonably believes that deadly or physical force is immediately necessary to prevent another’s commission of the following offenses against another person or their property:
- Arson of an occupied residence, business or structure A.R.S. § 13-1704
- First or Second degree Burglary A.R.S. § 13-1507 or 13-1508,
- Kidnapping A.R.S. § 13-1304,
- Manslaughter A.R.S. § 13-1103,
- Second or first degree murder A.R.S. § 13-1104 or 13-1105,
- Sexual conduct with a minor A.R.S. § 13-1405,
- Sexual assault A.R.S. § 13-1406,
- Child molestation A.R.S. § 13-1410,
- Armed robbery A.R.S. § 13-1904,
- Aggravated assault A.R.S. § 13-1204
Additional provisions involving these Justification laws in Arizona include:
- No duty to first retreat before threatening or using physical force or deadly physical force if justified under A.R.S. § 13-411.
- A person is presumed to be acting reasonably for the purposes of A.R.S. § 13-411 if they are acting to prevent a crime, and believe the criminal conduct is imminent or is an actual commission of any crime under A.R.S. § 13-411 .
- The locations that apply to any criminal offenses listed under A.R.S. § 13-411 include a person’s home; residence; business; land owns or leased by the person; conveyance; or other place in Arizona where a person is authorized or has the right to be.
“Stand Your Ground” or Justified Conduct in Maricopa County, AZ
You should always retain qualified legal representation to defend your charges if you were arrested, even if you feel your conduct was protected or justified by “Stand Your Ground” laws. An experienced criminal defense lawyer will defend your charges; protect your rights; raise justifiable arguments and tell your side of the story through the criminal justice system. They will work to get the best resolution on your behalf.
Misdemeanor assault charges are raised to felony or assault charges, when certain aggravating factors surround the assault. Aggravated assault charges are taken very seriously in Arizona because they are crimes that harm or injure another person or victim. All Felony Assault charges carry prison sentencing if convicted in Arizona. You will need an experienced assault defense attorney to legally represent you to assure you will be treated fairly; protect your rights; and defend your charges.
Arizona Aggravated Assault: A.R.S. § 13-1204 (A) Classification
A person may be charged with aggravated assault under A.R.S. § 13-1204 (A) if the person knowingly, recklessly, or intentionally provoke, injure, insult, cause physical injury or harm to another person. Specifically a person may be guilty of felony assault or aggravated assault if they:
- Causes serious physical injury to another;
- Use a deadly weapon or dangerous object to use as a weapon;
- Commit assault by means of any force that causes temporary but substantial disfigurement;, temporary but substantial loss; impairment of any bodily organ or body part; or fractures any body part;
- Commit assault while a victim is bound; physically restrained; or while the victim’s capacity to resist the assault is substantially impaired;
- Commit assault after entering the private residence of another with the intent to commit assault;
- Are 18 years of age or older, and they commit assault on a child who is under the age of 15.
- Commits a “simple” or Misdemeanor assault while violating a valid order of protection or restraining orders;
- Gain Control or attempts to gain control of a police officer’s firearm or other weapon;
- Commit any assault against a police officer, peace officers, constables, firefighter, emergency treatment paramedic, teacher, school employee, or licensed health care professionals engaging in their occupational duties, public defenders or criminal prosecutors;
Aggravated Assault Penalties
Aggravated assault may be charged as Class 6 felony or Class 2 felony (most severe).
Below are felony assaults/aggravated assault penalties for first-time offense convictions:
- Class 6 Aggravated Assault (least severe): Prison terms 18 months to 3 years; Presumptive term of imprisonment is 27 months.
- Class 5 Aggravated Assault: Prison terms 2 to 4 years; Presumptive term of imprisonment is 3 years.
- Class 4 Aggravated Assault: Prison term 4 to 8 years; Presumptive term of imprisonment is 6 years.
- Class 3 Aggravated Assault: Prison term up to 15 years; Presumptive term of imprisonment is 7.5 years.
- Class 2 Aggravated Assault: Prison Term 7 to 21 years; Presumptive term of imprisonment is 10.5 years.
Additionally, aggravated felony assault convictions may result in court offered fines up to $150,000; victim restitutions; additional fees and assessments, felony criminal record, and other penalties the court deems necessary.
Defending Against Criminal Charges
If you face aggravated felony assault charges, you should consult an experienced criminal defense lawyer to discuss your charges, potential penalties for conviction and defense options. If retained, a good criminal attorney will conduct their own investigation of the facts; attempt to obtain exculpatory evidence that can be used in your favor; protect your rights, and obtain the best possible resolution in your matter. The prison sentencing ranges are broad for felony assaults. So the court has discretion over what your sentence will be within that range. Therefore, if the charges cannot be dismissed, the next step for your criminal defense attorney will present mitigating factors in an effort to reduce the sentencing.
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