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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Gilbert Criminal Defense
“If you were arrested for DUI it does not necessarily mean you will be found guilty. Here are some common defenses that may help you avoid a harsh DUI conviction. “
If you are facing DUI charges in Gilbert AZ, you have the right to defend your charges. Arizona is well known for having some of the harshest penalties for DUI in the country. They include mandatory jail time for even a first offense, non-extreme, or non-aggravated DUI. The criminal justice court system can be overwhelming and the laws complex. Arizona prosecutors are well trained and experienced at prosecuting DUI offenses. You will need to have a qualified legal advocate to challenge their case against you through the formal criminal justice process.
DUI Defenses
Each person’s case is unique and holds its own set of circumstances, the DUI defense strategies need to be tailored to those facts. Below is a sample of common defenses used by experienced criminal attorney who defend DUI charges:
- No “Reasonable Suspicion” for the DUI stop: In order for the stop to be lawful, the officer must have “reasonable suspicion” that a violation of the law is in progress or has occurred. This does not apply to organized DUI Task Force stop.
- Field Sobriety tests inaccurate: Field Sobriety Tests (FSTs) are common targets for defense. The police test you; judge you; then grade you themselves. The fact is, many people who are not impaired can’t pass them. This Arizona adopts the standards and guidelines for FSTs set by the National Highway Traffic and Safety Administration (NHTSA). If the tests are administered improperly, in violation of the standards, or unfairly, your attorney will move to have them dismissed from evidence.
- No “Probable Cause” for arrest: The burden of proof to make an arrest lies with the Scottsdale Police is “probable cause”. This is a higher standard than “reasonable suspicion” to make a DUI stop. Probable cause means factual evidence must exist, not just a suspicion. An example of factual evidence would include the BAC results of your breathalyzer test.
- Breathalyzer test inaccurate or invalid: Breathalyzer tests may have inconsistencies; operator errors; malfunctions of the machine; improper calibration or other violations that may raise cause for challenge.
- DUI Blood test or UA test inaccurate or invalid: There are many areas related to blood and chemical testing that can be argued. Arizona has strict rules relating to taking the blood or chemical testing including storage, labeling, transport; equipment, supplies, processing and reporting. If violations exist, your DUI Attorney can move to have the evidence dismissed.
- Constitutional Right violations: Regardless of the fact that you are accused of a crime, you still have rights. You have rights under the US Constitution; Arizona State Constitution; AZ laws; and procedural rights which are generally those involving Arizona Criminal Courts. If your rights have been violated, your criminal defense attorney can move to suppress evidence, reduce charges, or have your case dismissed.
Defending Your Rights after a DUI Arrest in Gilbert
Most Gilbert criminal attorneys who defend misdemeanor or felony charges provide free consultations for active DUI charges. You should contact a law firm that defends DUI charges on a regular basis to discuss your matter, and options for defense. It is unwise to go to court unrepresented, or plead guilty” without first discussing your case with an experienced criminal attorney.
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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499
“There may be justifiable defenses for even the most serious of drug possession charges. But the most effective way to utilize even the strongest of defenses, is to retain an experienced criminal defense attorney to argue them on your behalf.”
Gilbert Drug Charges
A large number of drug possession charges in Gilbert AZ are classified as felonies. Depending on the nature of the charges, you could face harsh penalties. If the quantity if an illegal drug exceeds statutory Threshold Amounts for the drugs found in your possession, you will be exposed to mandatory prison sentencing. Defendants accused of possessing large quantities of illegal drugs are usually charged with “possession with intent to sell” or “illegal drug sales”. In either situation, your freedom and future are in jeopardy. 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.
Defense for Drug Possession Charges
With even the most serious drug charges, a good criminal defense lawyer in Gilbert, may be able to find justifiable defenses that can lead to a favorable resolution of your case. Every case holds its own set of unique circumstances. Your attorney’s defenses strategy will be tailored and presented based on your particular set of facts. The defenses used will be different based on those circumstances.
Here are some examples of areas that may be challenged and defenses that may be used to defend drug possession charges:
- Insufficient or lack of evidence;
- Police procedures violated (during investigation or arrest);
- Illegal Search and Seizure;
- No “probable cause” for arrest;
- Evidence was mishandled by police or other law enforcement officials;
- Quantity possessed was low for use only;
- Failure to prove that amount possessed exceeded “Threshold Amount” for that drug;
- Entrapment;
- Wrong person charged or arrested;
- Illegal drugs or substances were not yours;
- You did not have knowledge that the drugs were in your possession;
- The drugs were found in a residence shared with others that had common living space;
- Someone borrowed your vehicle, and left drugs in the back seat that you did not know were left there;
- You qualify for a drug diversion program (Arizona TASC) as an alternative to incarceration due to first time offense; low quantity of illegal drugs involved; no prior criminal record;
- “Speedy Trial Rights” violations;
- Expiration of statutory time limits for which drug charges can be brought;
- Other violations of Arizona Rules of Criminal Procedure;
- Other constitutional rights violations
Gilbert Criminal Defense Lawyer for Drug Charges
If you were arrested for any for a misdmeanor or felony offense, you should consult a drug defense lawyer in Gilbert as soon as possible. If retained, your attorney will defend your charges; assure your rights are protected; and make every effort to get you the best outcome in your case. Your chances of getting a favorable outcome increase with early retention of a qualified and experienced criminal defense attorney.
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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499
“Common Defenses that can be used to defend Drug Possession Charges in Gilbert AZ”
Arizona Drug Possession Laws
Defenses for Drug Possession Laws, are tailored based on the circumstances of the situation, Arizona Criminal Laws and Drug offense Laws; and a person’s Constitutional Rights afforded by Federal and State.
In Arizona, under A.R.S. 34 13-3401 a defendant may be convicted of drug possession charges, if the prosecution can prove “beyond reasonable doubt” that a defendant had “knowledge” that marijuana, illegal or dangerous drugs were in their possession. This is not always an easy task for the prosecution. However, you will need legal representation by an experienced drug attorney if you wish to plead “not guilty” and defend your charges.
Arizona Drug Charges
A large number of drug possession offenses are charged as felonies. The classification of the charge depends on numerous factors including: 1) Purpose or intend use (use, sale or intent to sell); type of illegal drug; quantity of found in your possession; and first time or repeat offense. If the drugs in your possession equals or exceeds the specified “Threshold amount” for that drug under Arizona state laws, you may be facing serious felony drug charges for “possession with intent to sell” illegal drugs. Possession Charges involving quantities that equal or exceed statutory “Threshold amounts” for particular drugs require mandatory prison terms in Arizona
Defenses for Drug Possession Charges, Gilbert AZ
- Insufficient evidence;
- Police violated procedure and protocol;
- “No probable cause for arrest”;
- Unlawful search and seizure;
- Police Entrapment;
- Wrong person arrested;
- Prosecution unable to prove “Beyond a Reasonable Doubt” standard;
- Statutory Time Limit to bring charges expired;
- Charges brought in wrong jurisdiction;
- The drugs did not belong to;
- You did not have “knowledge” that the drugs were in your possession;
- Your residence is shared with others and has common areas ;
- You borrowed someone’s vehicle and were not aware the drugs were there
- The drugs belonged to a passenger in your vehicle, and you were not aware they had drugs in their possession.
- Violation of Miranda Rights;
- Other Constitutional Rights violations
Drug Possession Defense Attorney, Gilbert AZ
You should always retain a qualified and experienced drug defense or criminal defense attorney to argue these issues on your in behalf. They will be your legal advocate and defend your drug possession charges in accordance with the Arizona Rules of Criminal Procedure through each stage of the criminal justice process. They will make sure your rights are protected; help you preserve and utilize your defenses; and seek to obtain the best possible resolution to your charges. Your chance of getting drug charges reduced, or dismissed; or mitigate sentencing will increase with representation by a private practice Gilbert criminal defense attorney.
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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499
- Get more than one quote: You can expect to get a wide range of quotes since there are no governing entities that require attorneys to charge a certain price. It is not uncommon to get quotes for a Misdemeanor DUI anywhere from $1500.00 to $7,500.00. With that keep in mind, that price is not a reflection of the competency or effectiveness a DUI or criminal lawyer to defend your case. Many other factors contribute to a law firm’s decision on fee schedules. Some factors include overhead and operating costs; advertising costs; competition; and geographical area.
- Understand global fees: Global fees structures are those that encompass the cost of both pre-trial and trial defense services. Global fees are usually much higher than flat fees. Before you agree to enter a global free agreement, you should know the differences and some statistics: Only about 2% to 3% of all Gilbert DUI and criminal cases end up going to trial. In perspective, that means 97% to 98% of cases are resolved, or dismissed without a trial. Then, if a trial is not needed, the Law Firm still keeps the entire global fee. No refunds. In all fairness, that is not to say charging global fees is a bad thing; some people prefer this structure, because it gives them peace of mind, in knowing they will not have to pay additional attorney fees for a trial if it is needed.
- Understand flat fees: Flat fees arrangements are usually lower than global fees. They are “tiered”. The first tier includes a flat attorney fee for pre-trial services. If resolved in that tier, no additional fees are owed. If an unresolved case results in the need for a trial, there will be a separate fee, which is the second. Those that chose this fee structure, prefer to pay the lessor flat fee, with the odds significantly in their favor (97% to 98%) that they will not need a trial. Make sure the separate tier fees are included in the fee agreement.
- Request a discount: Many criminal defense lawyers, who defend Gilbert AZ criminal charges, will agree to a discount if they feel the prospective client is serious about retaining their services, and the discount is fair and reasonable.
- Fee reductions for advanced payments: Some criminal defense firms will agree to waive a percentage of the fee, if the entire amount is paid in full, up front. The percentage waived may range from a few hundred to a few thousand dollars depending on the seriousness of the charges.
- Obtain of the Fee Agreement: Make sure you get a copy of the fee agreement as soon as it is signed by both parties. The fees, terms and timing of payments and services agreed upon, needs to be included in this document. It protects both parties. It protects you from being billed for additional unexpected fees or services not included in the fee agreement.
- Comply with the Fee Agreement: Most Criminal & DUI Attorneys who defend Gilbert AZ charges will allow for flexible or timed payments, especially of the charges are serious. If you fail to make payments as agreed upon, your attorney may file a motion with the court, requesting to terminate your representation. If this happens, you will be left with no private practice attorney, and will need to hire a new attorney who will likely charge you full price.
- Be cautious of Law Firms that refuse to provide telephone quotes: If you know exactly what your charges are, an experienced DUI lawyer or criminal defense attorney will have a range quote which they can give you by phone. Although all DUI and criminal charges have their own unique circumstances, generally, they know how many hours approximately will go into defending the charges.
- Consider other factors besides the price: Take into account the criminal attorney’s defense and trial experience; licensure, credentials, geographic location, client reviews; and referrals from trusted sources. You want to feel confident, they can effectively defend you; be accessible for your questions and concerns; and labor to obtain 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
“Common Defenses used by the best DUI trial lawyers, that can lead to dismissal of DUI charges.”
DUI Arrest Gilbert AZ
If you were arrested in Gilbert, AZ for DUI, you have the right to defend your charges. The prosecution, and police work closely together to pursue DUI convictions. Gilbert Police are known for their specialized DUI phlebotomy training and motorcycle units to seek out and arrest those driving impaired due to alcohol or drugs. The penalties for a DUI conviction are severe and include jail time for misdemeanor, first offense DUI charges. You should consult a DUI attorney who defends charges in Gilbert AZ frequently. If retained, they may be able to find defenses that can be used to challenge and effectively defend your charges. In some cases, the defenses will lead to a suppression of evidence, reduction of charges or dismissal of the charges.
DUI Defenses
There are many defenses that can be used to challenge DUI charges. The defense strategy your attorney uses will be based upon your unique set of circumstances. Below are a few examples of defenses your DUI lawyer may use to defend your Gilbert AZ DUI charges: (Note: This list is not all inclusive):
- No “Reasonable Suspicion” for the DUI stop: The police must have “reasonable suspicion” that a violation of the law has occurred or is progress. In absence of reasonable suspicion, the DUI stop is unlawful. The exception to this standard is a DUI Task Force stop. An example of “reasonable suspicion” would be that the police officer pulled you over, after you failed to stop at a red light.
- Field Sobriety Tests inaccuracies: Field Sobriety Tests (FSTs) are common areas the DUI attorneys target for defense. FSTs are given by the police, judged by the police and graded by the police. Sometimes can be biased, and unfairly conducted or judged. The fact is, that some unimpaired drivers can’t pass them. Arizona has adopted the standards and guidelines for FSTs set by the National Highway Traffic Safety Administration (NHTSA). If the FSTs tests were administered unfairly, improperly, or in violation of the standards, your DUI attorney will move to have them dismissed from evidence.
- No “Probable Cause” for arrest: “Probable Cause” means police must have factual evidence of sorts to make an arrest, and not just “a hunch”. For example, BAC results from a breath test is constitutes objective or factual evidence. The burden of proof lies with the Gilbert Police to make sure they have “probable cause”. This is a higher standard than “reasonable suspicion” to make a DUI stop.
- Inaccurate Breathalyzer test: Breathalyzer tests can have produce false results due to contamination of body fluids, operator errors; breathing pattern errors; malfunctions of the machine; improper maintenance or calibration of the machine and other issues. In many cases the strength of the argument is significant enough that the judge will not allow the breath results to be admitted in court as valid evidence.
- DUI Blood test or UA test inaccurate or invalid: There are many ways to challenge blood and chemical testing. Arizona has strict procedural requirements relating blood and chemical testing. Rules and protocol are in place that relate to conducting the tests; storage, labeling, transport; equipment, supplies, processing and reporting. If violations exist, your DUI Attorney can move to have the evidence dismissed.
- Constitutional Right violations: Even though you are being accused of a crime, it does not change the fact that you have constitutional and fundamental rights under law. Your rights originate from the US Constitution; Arizona State Constitution and Laws; and procedural rights or protocol rights, generally involving Arizona Criminal Courts. If your rights were violated, your DUI defense attorney can move to suppress evidence, reduce charges, or have your case dismissed.
Gilbert DUI Attorney
The defenses mentioned above as well as many others are best argued by qualified Arizona criminal attorney with extensive DUI trial and criminal defense experience. You should contact a law firm that defends Gilbert DUI charges on a regular basis to discuss your matter, and obtain options for defense. Your chances of getting a good outcome in your case will increase drastically with the good legal defense representation.
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Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499
Following a Gilbert DUI arrest or criminal charges, you will be taken into custody. It is highly recommended that you arrange for a consultation and retention of criminal defense attorney to represent you in your matter. The “Initial Appearance” is your very first court appearance after the arrest. It will be very brief. This is where the judge informs you of your criminal charges, and sets Release Conditions. In some cases you will want your attorney to file a motion to modify release conditions if they are too harsh, unfair, or unreasonable.
Release Conditions – The Judge’s Considerations for Release Conditions
Release conditions are set by the judge for the purpose of assuring you will appear for your next court date. The judge will consider numerous factors before setting your Release Conditions. Some of these factors include but are not limited to the following:
- Seriousness and nature of the criminal charges;
- Classification of the charges (felony verses misdemeanor)
- Permanent verses Temporary Residency;
- Family ties;
- Employment ties;
- Citizenship;
- Your financial resources;
- Victim involvement;
- Flight risk issues;
- Safety of the community if you are released;
- Other factors depending on the charges
Types of Release Conditions
1) Release on Own recognizance (OR) – You can be released on honor system with the understanding and you will appear for your next court date with no conditions;
2) Release on Bond – Your release will be contingent upon posting of a bond. This is a specified dollar amount you are required to post for assurance that you will return for your next court date. Depending on the amount, you may arrange to post it through a Bail Bond Company or Bondsman. In this event, you would need to provide collateral and a fraction or percentage of the bail to them. Then the Bond Company pays the entire bond to the court.
3) Release to a Third Party – You may be released to a third party such as parent, in the case of a juvenile, or other competent adult who will be responsible for making sure you return to appear for your next court date.
4) Pre-trial Services –Pre-trial Services are county, state, government programs, or non-profit agencies that assist the court in making bail bond or release condition decisions. Among other things, they provide risk assessments, evaluations, and recommendations to the court regarding your release conditions. Sometimes they will recommend and provide supervised release of the defendant to the program. They work closely with the court and the defendant to assure the defendant is not a threat to the safety of the community. They are responsible for making sure the defendant appears for their next court date.
Criminal Lawyer for Defense of Gilbert Criminal Charges
You should consult a Criminal Defense Lawyer who defends charges frequently in Gilbert Court if you face DUI or criminal charges. If you need your release conditions modified, your criminal attorney can file the necessary motions to the court. This will increase your chances of getting a modification of the release conditions, especially where exorbitant, or unreasonable amount of bail is being ordered to be posted. If successful you may be able to avoid incarceration until your next court appearance. Also, this brings your criminal attorney on board early to represent you which is key to a successful defense over all in your case.
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