James E. Novak
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Defending Domestic Violence Charges – Misdemeanor and Felony

Common defenses for Misdemeanor Domestic Violence and  Felony Domestic Violence charges are basically the same.  However, since Felony Domestic Violence charges carry prison sentencing, (Misdemeanors do not)  the level of defense that is most critical, if a person is convicted, is the sentencing phase.  Since prison terms apply and prison terms can be lengthy,  the best criminal defense attorneys will tenaciously look for mitigating factors to present that will reduce the prison sentencing terms.  Depending on the circumstances in some cases, the defense attorney may be able to get the charges reduced to Misdemeanor, so that prison sentences may not apply and be avoided completely.

10 Defenses for Felony/Aggravated Domestic Violence Charge 

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Arizona Public Records Release Law

Under Arizona’s Freedom of Information Laws pursuant to A.R.S. § 39 – 121 is entitled to request their DUI police incident report. Your report is required to be released to you  when it is available and upon receipt of the required fee by the police department

How to request a copy of your DUI incident report

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Felony Assault v. Misdemeanor Assault charges in Mesa, AZ

There are two main differences between Felony Assault charges and Misdemeanor Assault charges:

  1. Aggravated Factors – Circumstances which are involved in Aggravated assault that are not present in Misdemeanor assault. Assault charges will be raised from a Misdemeanor to a Felony if at least one of 10 aggravated factors surround the offense;
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Arizona Drug DUI – Medication DUI Charges

In Arizona, you may be charged with Drug DUI under A.R.S. § 28-1381. Under this law, a driver can be arrest for DUI even if they have not consumed any alcoholic beverage. If convicted, a person will be exposed to the same or similar penalties as those that apply to drunk driving convictions. Even the simple presence of a drug in your system is enough for the Gilbert Police to charge you, if they have  probable cause to believe you were driving “impaired to the slightest degree”. Drug DUI offenses charged as Class 1 Misdemeanors. A conviction carries penalties that include 10 days in jail; suspension of driver’s license for 90 days; probation; drug and alcohol counseling and education program participation; and fines, fees, costs and assessments that exceed $1,200.00.

Drug DUI Defenses Arizona

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“If you were arrested for DUI, you should become familiar with your rights, so you can preserve your defense options.”

An arrest is not a “guilty” verdict or conviction. It is an accusation of criminal charges, and the first stage of the criminal justice process. You have a constitutional right to defend the charges against you, and you should always invoke it. Your rights may be invoked following an arrest as follows:

  • Advise the arresting officer that you with to invoke your right to remain silent following your arrest, until your attorney can be present; If you simply remain silent, you will appear uncooperative, so you must either do so verbally or in writing;
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Portable Breath Test Unit

A Portable Breath Test (PBT) Unit is a hand-held mobile device, used by police in Arizona DUI field stops. The PBT is a preliminary DUI breath test tool used to test a person’s Blood Alcohol Content or BAC. The purpose of the PBT is simply to distinguish if a driver is under the influence of alcohol or drugs. It an early screening and detection tool only. If used to obtain a reading, it must be followed up with use of a formal breathalyzer test for alcohol, or chemical tests for drug impairment determination. Arizona prohibits use of a PBT as admissible evidence in court.

Why PBTs are not Admissible in Scottsdale AZ Courts

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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:

  1. 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.
  2. Misdemeanors are heard in the lower courts – Municipal Courts, City courts and Justice Courts in Arizona.  The Municipal Court in Mesa is located at:
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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.

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Contact Information
Law Office of James Novak, PLLC
4500 S Lakeshore Dr #352
Tempe, AZ 85282
Phone: (480) 413-1499Text: (602) 908-8123

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