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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Criminal Defense
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.
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.
“Constitutional rights should be recognized and restored, no matter what the cost”
Arizona HB 2284 – DUI; Jury Trial Rights Signed into Law
Arizona legislation signed into law April 11, 2012, has restored jury trial rights to first-time DUI offenders. AZ HB 2284 was signed into law by Arizona Governor Jan Brewer. Under the act, a provision was put in place to make it retroactively effective to December 31, 2011.
New Arizona Law Effective Retroactive to December 11, 2011
HB 2284 amended A.R.S. § 28 -1381; DUI jury trial rights as follows:
- A.R.S. § 28 -1381 Section 1 ( F): removes the language which allowed only for repeat offenders to invoke their right to a jury trial: And
- A.R.S. § 28 -1381 Sec. 2. Retroactivity; applicability (A), (B) (1) (2):
(A) The act is retroactive to December 31, 2011;
(B) This act does not apply to:
- DUI charges for which trial has begun from or after December 31, 2011; before the effective date of this act;
- DUI charges for which the defendant entered a “guilty” or “no contest” plea to charges to, from, and after December 31, 2011; and before the effective date of this act.
Under the prior law, SB 1200, muted the rights of first-time, non-extreme DUI offender’s right to a jury trial. It would have taken effect January 1, 2012. But now that is void. First-time DUI offenders will have their rights again to jury trial, the way they did, before SB 1200 took effect January 1, 2012.
Gilbert Criminal Defense Attorney
If you have been arrested for first DUI in Gilbert or the surrounding East Valley areas, you should contact a criminal defense attorney to discuss your matter and defense options. Not all arrests are lawful. If retained, your attorney will investigate to make sure your rights have not been violated; and defend your charges. There may be defenses that can be used that may lead to a dismissal or reduction of charges, and sentencing. Your chances of getting any favorable outcome in your case will significantly increase with representation by a private practice DUI attorney.
“In the midst of even the most serious drug charges, a good criminal defense attorney may be able to argue justifiable defenses that often lead to a case dismissal, or other favorable outcome in your case.”.
A large number of drug crimes in Tempe AZ are charged as felonies. Depending on the nature of the charges, you could be exposed to harsh penalties. If a large quantity (exceeding statutory Threshold Amounts) of an illegal drug or substance is found in your possession, you may face mandatory prison sentencing. Defendants accused of possessing large quantities of illegal drugs usually faced with charges of “possession with intent to sell” or “selling illegal drugs”. In either case, your freedom and future are at stake. You should consult an experienced criminal defense attorney to discuss your matter, and options for defense. If retained, a good criminal defense lawyer, will be able to evaluate your case and find viable defense that can be used to challenge your charges.
Drug Possession Defenses
Even in the case of the most serious drug charges, viable defenses can exist. An experienced criminal trial defense attorney will examine the evidence, and facts surrounding your case. Every case holds its own set of circumstances. Your attorney’s defenses strategy will be tailored and presented based on your unique situation. A defense found effective one case, may not be in another and vise verse.
Here are some examples of areas that may be challenged and defenses that may be argued by your criminal defense attorney:
- Insufficient or lack of evidence;
- Police procedures violated during investigation or arrest;
- Illegal Search and Seizure;
- No “probable cause for arrest”;
- Evidence mishandled by police or other law enforcement;
- Quantity below statutory “Threshold Amount” for that drug;
- Police Entrapment;
- Incorrect person charged or arrested;
- The illegal drugs did not belong to you;;
- You did not have knowledge that the drugs were in your possession;
- The drugs were found in a residence where you shared common living space with others;
- You qualify for a drug diversion program (Arizona TASC) and deferred sentencing due to first time offense; low quantity of illegal drugs for personal use only; no criminal record;
- “Speedy Trial Rights” violated;
- Statutory time limits for those charges to be brought expired;
- Other constitutional rights violations
Tempe Criminal Defense Lawyer for Drug Charges
If you face Tempe drug charges of any kind, you should consult a criminal defense lawyer to discuss your matter, and possible retention. If retained, your attorney will build a defense case; protect your rights; see that you are treated fairly; and make every effort to get you the best resolution in your case. Your chances of getting a good outcome increase significantly when you hire a qualified private practice Tempe criminal defense firm or private criminal attorney.
If you were charged with disorderly conduct in Scottsdale, you should consult a criminal defense attorney to discuss your matter, and defense options. The penalties can be severe depending on the circumstances and classification of the charges. Charges may be brought as misdemeanors or felonies depending on the facts of your case. Disorderly conduct charges sometimes follow a warning by police, but not always. Due to the nature and subjectivity of the charges, they are frequently challenged; and often dismissed due to lack of sufficient evidence.
Disorderly Conduct Penalties
If convicted of Class 1 Misdemeanor under Disorderly Conduct Laws A.R.S. 13-2904, the penalties may include up to 6 months incarceration; $2500.00 fines; fees; costs; probation; and other penalties.
Phoenix Disorderly Conduct may also be charged as a Class 6 felony in Maricopa County. Class 6 felonies are usually charged if the disorderly conduct involves a firearm. Disorderly Conduct felony convictions carry a maximum sentence of 1 year in prison, large fines, fees, and a felony criminal record.
Defense for Disorderly Conduct Charges in Arizona
You should always consult an experienced criminal defense attorney before deciding to plead guilty or waiving your rights to criminal defense representation. There may be defenses that can be used to challenge the charges. Often charges are dismissed due to constitutional rights violations; unlawful arrest; lack of sufficient evidence; no witnesses; and a host of other reasons. A good criminal lawyer will make sure your rights are protected; defend your charges; and work to get the best possible resolution in your case.
If the Disorderly Conduct charges were unjustified; or if your constitutional rights were violated, your attorney may move to get your charges dismissed. Your chances of getting a favorable outcome will increase significantly with legal representation by a private practice criminal lawyer in Scottsdale, AZ.
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