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Tempe, AZ 85282
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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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Scottsdale Criminal Defense

Scottsdale DUI Survival Guide

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:

  1. 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.
  2. Prepare for your Release Conditions: If your release conditions are unjust or too harsh, attorney can move to modify the Release Conditions.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.  
  10. 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.

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Lawyer Fees For a Criminal Arrest in Scottsdale, AZ

Scottsdale DUI Arrest

If you were arrested for criminal or DUI charges in Scottsdale AZ, you have probably been instructed to appear for your Arraignment in Scottsdale Municipal Court. It is never a good idea to go to criminal court without legal representation. You should first consult experienced criminal lawyer. There may be defenses that can be used, to challenge and defend your charges and the evidence.  Scottsdale DUI convictions can carry harsh penalties including mandatory jail time; vehicle interlock devices; licenses suspension or revocation; alcohol education and counseling; fines, fees, and other penalties.

Criminal and DUI Lawyer Fees

Currently, there are no official governing entities in Arizona that dictate how much an attorney can charge for DUI or criminal representation. So you may get quotes ranging from $1800.00 to $7,000.00 for a first time, misdemeanor DUI. It becomes a matter of how much you are willing to pay, and which law firm you want to hire. But in most cases, you will find, that the cost to retain an experienced and qualified criminal attorney will be well worth the price; and the cost of defense, if reasonable, will be less than the price of a DUI or criminal conviction.

You don’t always have to pay exorbitant fees for a DUI lawyer. In fact, if you take just a little time, to make a few phone calls or contacts, you can find some very affordable private practice DUI lawyers who defend charges in Scottsdale court. In fact, you may find that some are far better, than ones who cost more. Your focus should be on the attorney’s credentials, experience, qualifications; and most of all, who you feel will provide the most effective representation and defense. If you choose wisely, your chances of getting your charges dismissed, or other good outcome in your case, will dramatically increase.

DUI and Criminal Cases Held in Scottsdale City Court

The name of the court for which you will be required to appear should appear on the citation you received at the time of your arrest. If you were arrested in Scottsdale, Arizona for a misdemeanor DUI, it will likely be in Scottsdale City Court. Below is the location and contact information for that court:

Scottsdale City Court
3700 North 75th Street
Scottsdale, Arizona 85251
Telephone (480) 312-2442

Scottsdale DUI Lawyer – Criminal Defense Attorney for Scottsdale City Court

If you face DUI charges you should consult a criminal defense attorney in the valley who frequently defends cases in Scottsdale City Court. They will protect your rights, defend your charges, attend your hearings, and attempt to get the best possible outcome in your case. Most Attorneys for defense of Scottsdale DUI or criminal charges will provide free consultations for active charges.

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

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Felony vs. Misdemeanor Charges in Scottsdale, AZ

“Good Scottsdale DUI lawyers can sometimes help prevent your misdemeanor charges from being raised to a felony; in some cases, they can help prevent criminal charges from being brought against you at all.”

Scottsdale DUI and Criminal Charges

If you were arrested for a DUI or criminal offense, but aren’t sure if they are misdemeanor or felony charges, you should contact a Scottsdale criminal lawyer as soon as possible.  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 and Misdemeanor Charges in AZ – Main Differences

The main difference between AZ felonies and misdemeanors evolve around the nature and seriousness of the charge and the nature and severity of the penalties:

  • Arizona Felony convictions can carry prison terms of 12 months or more.  Penalties can include exorbitant fines, fees, and restitution to victims of the offense. Some offenses of charge that are brought as felonies include but are not limited to: Aggravated DUI; theft over a certain dollar value amount; drug possession over a certain threshold amount; burglary; robbery; armed robbery; illegal drug sales; possession of drugs with intent to sell; crimes against victims, and other serious offenses. Violent and serious felonies may carry lengthy prison sentences of 25 years or life in prison.  In Arizona, a homicide conviction may result in the death penalty.
  • Misdemeanor convictions in Arizona carry maximum jail sentences of one year terms or less.  Other penalties can include probation; alcohol or substance abuse counseling; ignition interlock device; probation, fines, fees and other punishments. Generally, misdemeanor convictions result in less severe penalties than felonies.  Some offenses classified as misdemeanors include non-aggravated DUI, possession of Marijuana and/or drug paraphernalia.

AZ Criminal Court Jurisdiction for Felony vs. Misdemeanor Charges

The AZ Criminal Court you are required to appear can often reveal if you have been charged with a felony or misdemeanor.  All AZ Criminal Courts have jurisdictional guidelines that allow them authority over hearing felonies or misdemeanors in their geographic areas. Below are guidelines for Arizona court jurisdiction for hearing felonies and misdemeanors.

1)      Felony cases are heard in Arizona Superior Court. Although AZ Superior Court is considered one entity, there are different court locations serving the valley in Arizona.

2)      Misdemeanor cases are heard in lower courts such as City Courts, Municipal Courts, and Justice Courts.

3)      Felony charges may sometimes conduct preliminary hearings in the lower courts – (City Court, Justice Court, and Municipal Court).

4)      A person can be charged initially with a misdemeanor; but later those same charges can be elevated to felony charges based on new evidence or completion of police investigation.

5)      The Court in where the defendant needs to appear will be on the Citation, Complaint or documents they received after arrest, or other means of the Complaint delivery.

Scottsdale Misdemeanor and Felony Lawyer

You shouldn’t disregard DUI or criminal charges whether or not they are felonies or misdemeanors. If you fail to appear for your court date and time, the presiding judge may issue a warrant for your arrest under the authority of Arizona Criminal Code A.R.S. 13-2506 & A.R.S. 13-2507. In this event, the arrest warrant will remain in effect indefinitely, until you come forth or are arrested. If you have an outstanding warrant, or face DUI or criminal charges, you should contact a DUI or criminal lawyer who defends charges in Scottsdale. If retained, they will help resolve your matter in your defense. They will protect your rights throughout the various criminal case stages, and defend you’re the charges on your behalf. Retention of a private practice experienced criminal lawyer increases your chance of getting a good outcome in your case.

Every case is different and holds its own set of circumstances, but some favorable outcomes may include getting charges dropped; getting a reduction in the number of charges; lowering charges from a felony to a misdemeanor; or getting a lower (mitigated) sentencing if a conviction is unavoidable.

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

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