Articles Posted in Law Articles

Prescription Drug DUI – Laws, and Defenses
Law Office of James Novak

Driving under the influence of a legal drug in Arizona is not solely a defense for DUI. Last year, the Arizona Department of Public Safety revealed that prescription drugs were increasingly being found in the blood and urine tests of individuals who have been pulled over or arrested in Arizona and suspected of DUI. Prescription…

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Rights to Confront Your Accuser in Criminal Charges
Law Office of James Novak

The correct way to confront your accuser as afforded under the 6th Amendment of the US Constitution. Your Legal Rights to Confront Your Accuser or Witness A defendant has many rights under the State and US Constitution. The 6th Amendment of the US Constitution affords the accused of the right to confront their accuser or…

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Disorderly Conduct Charges: Why they are often challenged and dismissed
Law Office of James Novak

Disorderly Conduct also known as “disturbing the peace”, is one of the most common criminal offenses. In 2011, police made 17,537 arrests for this offense in Arizona, making it the 4th most common offense in the state. Most are charged as Class 1 Misdemeanors, which carries a jail sentence. But depending on the circumstances, may…

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Methamphetamine (Meth): The overshadowed truth
Law Office of James Novak

Arizona remains a hub for Meth crimes. Get the facts. Know the consequences.. Throughout 2012, Marijuana laws, and offenses capitalized the news media, and social websites. However, there are other dangerous, illegal drugs, and controlled substances that continue to be used, possessed, manufactured, and transported in Arizona. One of the most dangerous of them is…

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Arizona Teens Hospitalized for Overdosing on Synthetic Marijuana
Law Office of James Novak

Although imitation Marijuana is readily available, it is still illegal to use or sell in Arizona Synthetic Marijuana Facts On Thursday November 23, 2012 local media outlets reported three incidents of synthetic Marijuana poison by high school students from two different schools in Southern AZ. Two of the students were sent to hospital emergency rooms.…

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Judge denies murder suspect’s request to represent himself at trial
Law Office of James Novak

“Request made ‘unknowingly’; defendant lacked ability to adequately mount a defense” – says Judge On October 9, 2012, the Superior Court Judge in Maricopa County denied Michael Lee Crane’s request to represent himself at trial. Crane is accused three violent robberies and homicides in the Phoenix, AZ. The defendant claimed the reason he wanted to…

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October – National Domestic Violence Awareness Month
Law Office of James Novak

October 2012 marks the 25th anniversary of the observance of National Domestic Violence Awareness Month. Every nine seconds a woman in the United States is beaten. Three women a day in the USA lose their lives. But victims are not limited to women. Victims can be men, children, brothers, sisters, grandparents, or other familial relationship.…

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DUI Charges: 5 Reasons Why You Need Legal Representation
Law Office of James Novak

The Laws in Arizona for DUI are strict, harsh, and frequently changing. If you are unrepresented, you are held to the same standard as an experienced criminal defense attorney. This means you will be held responsible for meeting time lines, filing appropriate motions, challenging your charges with the authority of proper legal citation; representing yourself…

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Truth-in Sentencing Laws: How they impact actual time served by inmates
Law Office of James Novak

Truth-in Sentencing Laws Arizona Truth-in-Sentencing Laws were passed in 1993 pursuant to Senate Bill 1049, by the Arizona State Legislature. The laws revised Arizona Criminal Code the Truth-in-Sentencing Statutes under ARS § 13 – 101.7. The revised laws effected offenders who committed crimes after January 1, 1994. One of the provisions required a mandated 6…

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United States v. Grant, III: 9th Circuit Court of Appeals Reverses Conviction.
Law Office of James Novak

*No Probable Cause to Search Prohibited Possessor’s Home for Weapon* On June 11, 2012, the 9th Circuit Court of Appeals reversed and remanded a conviction involving a firearm found at the home of a prohibited processor (felon). In order for the search to be constitutional under the Fourth Amendment “probable cause” for the search warrant…

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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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