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About James E. Novak

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
James E. Novak BBB Business Review
 
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Chandler DUI Defense

How to Preserve Your Rights After a DUI in Chandler, AZ

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.

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Felony or Misdemeanor Arrest in Chandler, AZ

“If you retain legal representation early enough, your attorney may be able to keep your Misdemeanor charges from being elevated to a Felony. In some cases, your attorney can help to prevent criminal charges from being brought at all.”

Arrested for DUI or other Crime in Chandler AZ  

If you were arrested for a DUI or criminal charges in Chandler, and you are not sure if they are  misdemeanor or felony charges,  you should contact a criminal defense attorney. You can discuss the events that have taken place; documents received; and your concerns. They will be able to provide you with insight concerning your charges and potential defense options.

Felony vs. Misdemeanor Charges in AZ – Differences

The biggest difference between felonies and misdemeanors in Arizona are the nature and severity of the crime; and the nature and severity of the sentencing and penalties. Below are some additional facts:

  • Felony convictions in Arizona can carry prison sentences of 12 months or more. They carry exorbitant fines, fees, court or prison costs and assessments; restitution to victims; and felon criminal records.  Some examples of felony crimes would include such offenses as Aggravated DUI; burglary; armed robbery; violent crimes; dangerous crimes; illegal drug sales; and other serious charges.  Often times, felonies involve crimes against victims. Victim crimes are sentenced very harshly in Arizona. Convictions for violent and serious crimes against victims will result in long term prison sentences of 25 years or more.  In Arizona the death penalty is reserved for the most serious of crimes,  homicide, if convicted.
  • Misdemeanors generally carry jail sentences of a maximum of 1 year or less in jail. In Arizona, currently, no misdemeanor charges carry prison sentences. However, they can include jail terms;, probation; substance abuse counseling or treatment; ignition interlock device on your vehicle; fines; fees; probation, and other penalties the court deems necessary. Although all DUI and certain criminal offenses are deemed serious, they generally have lower penalties than felonies. Just of few examples misdemeanor charges would be non-aggravated DUI, Marijuana possession, or drug paraphernalia possession.

Chandler DUI Lawyer – Misdemeanor and Felony Charges

If you retain legal representation early enough, your attorney may be able to keep your Misdemeanor charges from being elevated to a Felony. In some cases, your attorney can help to prevent criminal charges from being brought at all.

But whether you choose to retain a lawyer or not, you should never ignore Chandler DUI charges. If you fail to appear in court, a warrant may be issued under Arizona Criminal Code A.R.S. 13-2506 & A.R.S. 13-2507. It will only make your charges worse, and then impose additional charges. If you were arrested or face criminal charges of any kind, you should contact a DUI or criminal lawyer who defends charges in Chandler AZ. If retained, they will help you resolve your matter; provide a defense; protect your rights; and get the best possible outcome in your case.

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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499

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10 things to do after a Chandler DUI Arrest

“10 things to do after a Chandler DUI arrest that will help you recover from the DUI arrest, and even increase your chances of getting a DUI dismissal”.

DUI Arrest Chandler AZ

If you were arrested for DUI in Chandler AZ, and face active charges, you should consult a criminal defense attorney who defends DUI charges in Chandler as soon as possible. You will need a strong DUI attorney who will protect your rights through the DUI case stages. The Arizona penalties for DUI conviction are harsh and currently include mandatory jail time, even for non-extreme, first time offenders. The stakes are too high to go without good legal representation. There are also things you can do to take control of your life, and to prepare for the challenges ahead that surround the DUI charges.

10 Things to do after a Chandler DUI Arrest

Decreasing the impacts of DUI charges on your life will require two important elements:

A) Hiring a private practice criminal defense attorney who defends DUI charges, as early as possible.

B) Doing some things to that no one else will be able to do better than you.

(Note: This list is not all inclusive):

  1. Prepare yourself and family for your Release Conditions. If the release conditions are too harsh, your attorney can request Modification of Release Conditions.
  2. If your vehicle was impounded, find the location, and take necessary steps to retrieve it.
  3. If your license was suspended contact the Arizona MVD for a court hearing to challenge your driver’s license suspension. You will need to do this within 15 days of your arrest.
  4. If you have not hired a criminal attorney, you will need to appear (on time) for your scheduled court date. Failure to appear will result in a warrant or your arrest.
  5. Document the reason for which the police claimed stopped your vehicle. 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 (this excludes DUI task force stops). If the stop was unlawful, any evidence thereafter can’t be used against you to pursue a DUI conviction.
  6. 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.
  7. Repair any trigger problems or mechanical failures of the vehicle your vehicle that led to the DUI Stop such as broken windshields, head lights, brake lights, turn signals and the like.
  8. Take photographs at the location of the DUI stop and arrest including: landscaping at the field sobriety testing location; barriers, obstacles, stop signs, and traffic signals.
  9. Document a detailed narrative of all events surrounding the DUI stop and arrest. Include such things as what was said by you and the police; what you drank or ate within 24-48 hours of the stop; medications or drugs you took; names and contact information of witnesses, if known; and any other details you recall.
  10. If a field sobriety test (FST) was conducted, document lighting; weather conditions; landscaping; any physical limitations, medical conditions, disabilities, or impairments you suffered from at the time. Some locations or environments are not suitable for FSTs, and some people are not good candidates for Field Sobriety Testing. If an FST was preformed despite unfavorable conditions, good defense arguments exist.

Tempe DUI Lawyer for DUI Defense

What you do within the first 24-48 hours of your arrest is critical to the success of your defense of a Chandler DUI charge. The most important things you can do are to preserve your rights and retain an Attorney for your DUI defense. More ways to protect your rights, and more things you can do to strengthen your defense following a DUI arrest can be found in the free E-book “24 Hours – 24 Things You Should Do Following your DUI Arrest” written by James Novak, P.L.L.C DUI & Criminal Defense attorney in Arizona:

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Law Office of James Novak

4500 S. Lakeshore Drive

Tempe AZ 85282

(480) 413-1499

www.Arizonacriminaldefenselawyer.com

www.novakazlaw.com

www.arizonacriminaldefenseattorneyblog.com

www.phoenixduilawyerblog.com

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