Articles Posted in Law News

Stalking Laws: 7 Myths and Facts
Law Office of James Novak

Arizona recently passed new legislation making it easier for individuals to be arrested and charged with stalking. The law includes provisions for a wider range of conduct, and was updated to address stalking offenses related to digital, and wireless communications. Special features covered in this article include myths and facts; the stalking law before and after HB 2419; Penalties; and criminal defense topics.

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Arizona Supreme Court Limits Warrantless Home Searches
Law Office of James Novak

Under the Fourth Amendment of the U.S. Constitution and the Arizona Constitution, you have a right to be free from unreasonable searches and seizures. This means that in most cases, a warrant is required to search your home, with few exceptions. The exceptions include situations where “exigent circumstances” exist. This allows police to make a…

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Bonnie and Clyde Style Robberies in Arizona
Law Office of James Novak

Robberies need not be as epic as Bonnie and Clyde’s to be some of the most serious crimes under law.When I heard this story on the local news about “Bonnie and Clyde” style robbery suspects being arrested in Arizona, I stopped to reflect upon an image of “Bonnie and Clyde’s” get-away car I had seen…

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Gone in Two Minutes: Burglary of Assault Weapons in Arizona
Law Office of James Novak

Burglary of firearms of any value is a felony in Arizona; depending on the value and other aggravated circumstances, convictions can result in lifetime prison sentences..Like something out of the Hollywood movies like “Ocean’s 13” or “Gone in 60 Seconds”, recently three thieves stole 13 military style rifles from C-3 Arms, a gun shop in…

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Recent ASU Crime Statistics Released
Law Office of James Novak

Drug, and Liquor Law Violations Top the List Arizona State University recently released its crime statistics for 2012. The university has four campuses: Tempe, West campus, Polytechnic Campus, downtown Phoenix and ASU Colleges at Lake Havasu City. The report shows crime statistics for 2010, 2011, and 2012. According to the ASU report, the Tempe campus…

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Tempe Police Begin Aggravated Assault, Alcohol Related Crime Sting Tonight
Law Office of James Novak

High profile recruits brought in from MCSO. Sheriff vows to stay “as long as it takes.” Tempe Police resources are stretched past their limits. Residents and students are fed up with living under the threat of increasing violence, and crime. Over the past year, there have been a number of startling and significant acts of…

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Tempe, AZ a City under Assault with Crime
Law Office of James Novak

Assault and related victim crimes carry the most severe penalties of all crimes in Arizona Violent crimes continue to plague Tempe AZ, especially on, and near Arizona State University (ASU). Tempe Police reported #911 and other calls for help had increased by 97 percent in 2012 over 2011, and arrests in criminal incidents continue to…

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US Supreme Court Rules No Warrant Needed to Collect DNA if Arrested
Law Office of James Novak

Impact of Maryland v. King Ruling on Arizona: What it gives and what it takes. Privacy rights were outweighed by law enforcement interests in the United States Supreme Court’s June 3rd ruling in Maryland v. King. In this case, the Court was divided 5-4 over the question of DNA sample collection. All states and the…

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Will Tough Arizona DUI Laws Get Even Tougher?
Law Office of James Novak

How National Agency’s Recommendations Will Impact Arizona Drivers Arizona has tough DUI laws. They may get tougher, but not by much. The National Transportation Safety Board (NTSB), an independent federal agency, recently recommended, among other things, that the blood alcohol threshold be dropped from .08 BAC to .05 in all 50 states. Those drivers whose…

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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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