James E. Novak
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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

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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;
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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:

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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.

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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;
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“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:

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Misdemeanor assault charges are raised to felony or assault charges, when certain aggravating factors surround the assault. Aggravated assault charges are taken very seriously in Arizona because they are crimes that harm or injure another person or victim. All Felony Assault charges carry prison sentencing if convicted in Arizona. You will need an experienced assault defense attorney to legally represent you to assure you will be treated fairly;  protect your rights; and defend your charges.

Arizona Aggravated Assault: A.R.S. § 13-1204 (A) Classification

A person may be charged with aggravated assault under A.R.S. § 13-1204 (A) if the person  knowingly, recklessly, or intentionally provoke, injure, insult, cause physical injury or harm to another person. Specifically a person may be guilty of felony assault or aggravated assault if they:   

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“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.

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 “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  

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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.

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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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