Articles Posted in Arrests

Arizona Defendant Raises Question of Statutory Interpretation in Resisting Arrest Case
Law Office of James Novak

In a recent case coming out of the Supreme Court of Arizona, the defendant asked the court to reconsider his conviction for resisting arrest. According to the defendant, the trial court improperly instructed the jury regarding the law that applied to his case, and the verdict should be reversed because of the trial court’s error.…

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How to Avoid, Challenge and Actually Overcome Your DUI Mistake
Law Office of James Novak

You will get a comprehensive overview of Arizona DUI laws, and criminal defenses that can be used challenge them. The first 24 hours after your arrest is crucial. You will learn what you can do increase your chances of getting a favorable outcome in your case. Additional features include DUI prevention, Arizona arrest statistics and impaired driving trend, and penalties for DUI convictions.

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Warrantless Searches for Probationers in Arizona
Law Office of James Novak

If you are placed on probation for a drug crime in Arizona, you have a reduced expectation of privacy than you had before. This means that, depending on the probation conditions, the privacy protections you thought you had under the Fourth Amendment of the United States Constitution related to search and seizure may not apply.…

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DUI Arrest without Breath, Blood, or Chemical Testing
Law Office of James Novak

“DUI arrests for “probable cause” doesn’t mandate that the police officer show a driver was actually under the influence, only that it is probable that he was”.A police officer need only have a reasonable suspicion that you have violated a traffic law (like the speed limit) or engaged in criminal activity to stop you. “Reasonable…

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Statewide Arizona DUI Enforcement Increased over Memorial Day Weekend
Law Office of James Novak

DUI one of four main causes of fatal and serious auto accidents on Arizona roadways. Enforcement of Arizona’s tough DUI laws tend to ramp up in May, especially over Memorial Day weekend and around graduation festivities. Last year, police arrested 3,129 people for DUIs between May 1 and May 31st, 556 of those arrests were…

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Marijuana DUI: The Impact of Montgomery V. Harris in Arizona
Law Office of James Novak

Arizona Court of Appeals rules non-impairing Marijuana ingredients qualify for DUI prosecution. A recent Marijuana DUI dismissal was overturned in favor of the state and moved for continued prosecution in the Arizona Court of Appeals. The main legal issue was whether or not a motorist could be prosecuted for Marijuana DUI when the only evidence…

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Prescription Drug DUI charges
Law Office of James Novak

If you plan to move or travel to Arizona; you should become familiar with Arizona’s strict prescription drug DUI laws. A person may be arrested in Arizona for a DUI, if they are not driving drunk, and even if they have had no alcohol at all. Last year Drug impairments accounted for 15% of all…

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DUI Targeted Patrols and Command Centers Replace Checkpoints
Law Office of James Novak

“We are going big” says AZ DPS in preparation for intense week of DUI enforcement A DUI may result in an arrest, jail time, but you can also wind up costing a person their job. That’s just a few consequences of a DUI conviction. Arizona calls for tough criminal penalties; civil penalties such as loss…

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Super DUI Task Force Created: East & West Valley Join Phoenix for Greater DUI Enforcement
Law Office of James Novak

Combined Resources Creates Larger Valley-wide DUI Task Force December 2012 This year Phoenix AZ, East Valley, and West Valley are combining DUI Task Force Efforts to create one large task force, for better efficiency and safety. The Special DUI Task Force will be in place for the rest of month of December 2012. A central…

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Felony DUI Judge arrested for Super Extreme DUI
Law Office of James Novak

Super Extreme and Drug DUI laws and penalties apply to all motorists driving in Arizona A criminal superior court judge in Northern Arizona was arrested on Super Extreme DUI charges, Sunday morning, December 9, 2012. He was stopped by police after swerving into oncoming traffic. It was reported in the media that his Blood Alcohol…

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Arizona Criminal Defense Attorney Blog

Arizona Court’s Opinion Reinforces Case Law Dictating Trial Court Jurisdiction Over Defendants Over Eighteen Years of Age In a recent opinion published by the Arizona Court of Appeals, Division One, the court vacated a trial court’s dismissal of an assault indictment...

Recent Arizona Court Opinion Highlights Reality that Multiple Offenses Means Harsher Sentences In Arizona, if a defendant with prior convictions is found guilty of a crime, that defendant will face a harsher sentence than if he or she had no...

“Motive” as a Reason to Admit Otherwise Inadmissible Evidence at Trial When can an Arizona court admit evidence regarding a previous, seemingly unrelated offense during criminal proceedings? The answer is tricky, as...

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