Author Archives: James E. Novak, P.L.L.C.Court Jurisdiction: What It Is and Why It is Important to Your DefenseJurisdiction 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 [...] How to Host a Safe and Successful PartyWith 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 [...] Weapons Crimes: Prohibited Possession of Firearms in ArizonaPossession 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 [...] What the Location of the Criminal Court You Are Required to Appear at Can Tell You About Your ChargesIf 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 [...] How to Preserve Your Rights After a DUI in Chandler, AZAn 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 [...] Scottsdale DUI Survival GuideThe 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 [...] Jurisdiction in Arizona Criminal CourtsJurisdiction 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 [...] Arizona Felony Theft: “What is Felony Theft?”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 [...] Arizona “Stand Your Ground” Laws: Justification Defenses“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 [...]
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Tagged Arizona, Justification Defenses, Stand Your Ground Law
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Aggravated Assault in Arizona: Definitions and PenaltiesMisdemeanor 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 [...]
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Tagged Aggravated Assault, Arizona, Defense Lawyer, Felony, Penalties
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