Articles Posted in Arizona Criminal Defense

U.S. Supreme Court Tips Scale to 4th Amendment Rights at Police Stops
Law Office of James Novak

Police cannot prolong stop’s duration beyond its initial purpose, without reasonable suspicion. The United States Supreme Court recently decided an important case that tilted in favor of 4th Amendment protections against unlawful detention, search and seizures. The case arose when a K-9 police officer pulled over the defendant for moving traffic violation. The driver was…

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Arizona Court of Appeals Marijuana Trafficking Case Study: Part II of II – Suspects 40 Minute Detention for K-9 Drug Unit Not Unreasonable.
Law Office of James Novak

Arizona Court of Appeals Marijuana Trafficking Case Study: Part II of II – Decision to Detain for K-9 Drug Unit Not Unreasonable. Your rights at a police stop; Stop; 10 Com7mon Drug Defenses; Mitigating Sentencing; Drug Trafficking Laws; Penalties, Criminal Defense for Felony Drug Charges.

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Arizona Court of Appeals: Officer had Reasonable Suspicion to Detain based on Totality of Circumstances: Part I of II: Case Study
Law Office of James Novak

In a case decided earlier this month, an Arizona Appeals Court ruled that an officer had enough “reasonable suspicion” to detain a suspect 40 minutes while awaiting the drug K-9 unit. The court considered the “Totality of Circumstances” or “the whole picture”, to conclude that the detention was not unreasonable. Case Facts The suspect was…

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DUI Confessions, Self-Incrimination in Arizona – Pleading the Fifth on Social Media
Law Office of James Novak

A Tragic Video Confession You might remember the viral video of an Arizona man, 22 year old Matthew Cordle, who caused a fatal drunk driving accident. He provided a confession in a four-minute online video that went viral with 2.3 million views last September. Cordle began his chilling confession with “My name is Matthew Cordle…

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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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Disorderly Conduct and Bars don’t Mix
Law Office of James Novak

Police crack down on violence, assaults and disorderly conduct in Arizona bars. Most people visiting a bar in Maricopa County, don’t intend to commit a crime, or get in a fight with another customer, it often ends up that way. Alcohol or drugs can easily impact judgment and behaviors, and things can quickly get out…

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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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“Remaining Silent” under the Fifth Amendment Should Not Infer Guilt
Law Office of James Novak

No “substantial penalties” can be imposed as a result of exercising their Fifth Amendment Rights Most people know they have a Fifth Amendment right not to be forced to incriminate oneself. This right encompasses not only the right not to speak about something that might lead you to actually admit to wrongdoing, but also the…

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Defenses for Disorderly Conduct Charges in Arizona
Law Office of James Novak

Why Disorderly Conduct Charges are often challenged and dismissed “Disorderly Conduct” is also known as “Disturbing the Peace”. There are a number of offenses under Arizona Criminal Code A.R.S. 13-2904 that fall within the classification of Disorderly Conduct. These are among the most successfully challenged criminal offenses due to their vague and sometimes biased nature.…

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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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