Articles Posted in Arizona Criminal Defense

4 Deadly Arizona Criminal Charges in Domestic Disputes
Law Office of James Novak

In this article, we will discuss four types of criminal charges often associated with domestic disputes that put a person at risk for harm or fatality, risk factors, and criminal defense topics. Any one or more of these criminal charges, in absence of injury can be life altering.
Convictions can jeopardize your freedom, leaving you with a long standing criminal record. The four types of charges often coupled with domestic violence crimes are weapons misconduct, aggravated assault, disobeying police orders, and domestic violence charges.

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Mistake of Law: How to Challenge Your Unlawful Stop
Law Office of James Novak

after the Stop. Can an Arizona Officer’s misreading of an unambiguous law give rise to reasonable suspicion, thereby making a stop lawful? This was a question for a recent Arizona appellate court to decide. In the case, the court considered whether a sheriff’s deputy had reasonable suspicion to stop a suspect because the officer thought the rear display light on the driver’s vehicle was unlawful.
This article will explore how defense successfully challenged an otherwise unlawful police stop due to the police officer’s mistake of law with the following topics: Overview of the case and ruling; Impact of Appeals Court ruling in Arizona; Questions and answers; 11 rights you have at an unlawful stop; 10 reasons to file a motion to suppress evidence; DUI & Criminal Defense in Phoenix and East Valley AZ

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One of the Most Important Reasons to Resolve Your Warrant
Law Office of James Novak

The US Supreme Court determined that even though the stop was unlawful, the drug evidence could be admitted and used against him obtain a drug conviction. In this article we will outline the US Supreme Court decision; featured topics related to 4th amendment rights; how resolving an arrest warrant will help to preserve your rights; Questions and answers about arrest warrants

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Your Right to Request Change of Judge in Arizona Criminal Court
Law Office of James Novak

Questions before the Court The Arizona Rules of Criminal Procedure afford parties the right to request a change of judge before trial. But these rights are not without limitations. In a recent case, an Arizona appellate court reviewed a defendant’s conviction for misconduct involving weapons. The appeal centered around two arguments, one being the defendant’s…

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Fentanyl – Laced Heroin: The Real Cost of a $10.00 High
Law Office of James Novak

Imagine the lethal game of “Russian Roulette”, but with different rules of chance. Let’s say the chambers in a revolver with 6 rounds are all loaded with bullets, with the exception of only one chamber. As if the risks weren’t enough in the traditional game. They just increased drastically. Now it means there is an…

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Consent to search, includes Drug K-9 search of Vehicle
Law Office of James Novak

In a recent case ruling the Arizona Court of Appeals upheld a woman’s conviction for possession for sale of methamphetamine and drug paraphernalia. The central issue in the Appeal was whether or not a K-9 drug search of her vehicle was within the scope of a voluntary consent to search she agreed upon. Case Facts…

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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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Why Good Juries Reach Bad Verdicts
Law Office of James Novak

♦ Featuring Tips from Authorities: How to Safely Respond (or not) to Road Rage ♦ Our Federal and State Constitutions afford us the right to bear arms, to protect ourselves, our families, and others from immediate harm due to serious crimes in progress. So why then, must we be concerned with facing criminal charges if…

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Does Marijuana Odor Constitute Probable Cause in Arizona? Yes…and No.
Law Office of James Novak

Why Two Appeals Court Rulings Contrasted: Justices Review Effects of AMMA on Marijuana Odor on Probable Cause. In late July, two different Appeals Courts in Arizona released contrasting opinions involving appeals to dismiss the Marijuana evidence due to lack of probable cause for the search. In both cases the defendants argued the because of the…

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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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Arizona Criminal Defense Attorney Blog

Understanding Prolonged Traffic Stops in Arizona In Arizona, a police officer cannot keep a driver in a traffic stop against his or her will without a legal basis to do so. Arizona case law...

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...

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