Articles Posted in Arizona Criminal Defense

5th Amendment: Right to Remain Silent
Law Office of James Novak

45 years after Miranda v. Arizona – Its impact on the US Criminal Justice System Over the last 45 years, legal controversies and challenges have continued to plague the “Miranda Rights”. Yet still it is recognized by all states in country. Following an arrest, the police must inform or warn a person of their “right…

Continue reading ›
Simulated Explosives: Prohibited Weapons Laws
Law Office of James Novak

A Simulated Explosive Device (SED) is a “Prohibited Weapons” under Arizona Law ARS § 13-3101. Misconduct with a Prohibited Weapon such as SED is a Class 5 felony. Knowing and intentional assault to a person resulting from an SED is a Class 4 felony. All felony offenses in Arizona are serious, and carry prison time.…

Continue reading ›
Gun Laws: Who are Prohibited Possessors?
Law Office of James Novak

Prohibited Possession or Use of Firearm Laws Phoenix Arizona Under Arizona Law A.R.S. § 13-3102 a person may be guilty of misconduct with weapons if they knowingly: 1. Possess a “deadly weapon” or “prohibited weapon” and is a “prohibited possessor” as defined under A.R.S. § 13-3101; and/or2. Transfers or sells a “deadly weapon” to a…

Continue reading ›
Clemency Laws and Proceedings in Arizona
Law Office of James Novak

Clemency Defined Clemency is a mitigation of penalties; a pardon; a discharge from prison; reduction of felony prison sentencing; a reprieve or a temporary delay or suspension of sentencing. It may be granted for the Governor of Arizona or the President of the United States. The effect does not eliminate the conviction, or mean that…

Continue reading ›
What is an Arraignment?
Law Office of James Novak

An Arraignment is a hearing where you will provide your Initial Plea for DUI or Criminal Charges. There are three ways to plea: “Not Guilty”, “Guilty” or “No Contest.” To invoke your right to defend your charges and retain an attorney you should plead “Not Guilty”. Events that take place at Arraignment At the Arraignment…

Continue reading ›
Arrest Warrants: What to do if there is a warrant for your arrest
Law Office of James Novak

Arrest Warrants in Phoenix AZ Never ignore an arrest warrant in Maricopa County. It is a very serious matter. An arrest warrant stays outstanding and in effect indefinitely until the warrants is “quashed” (cancelled) ; a suspect is arrested; or the matter otherwise resolved by your criminal defense attorney. You should never ignore it. If…

Continue reading ›
Felony Charge Defense: Three Levels of Criminal Defense. Why you need qualified legal representation at all three levels for felony charges
Law Office of James Novak

Felony Charges Scottsdale AZ All felony convictions in Arizona expose a defendant to prison sentencing and other harsh penalties. If you face any type of felony charge, you should consult an experienced criminal attorney to discuss your charges and defense options. There are three critical phases in criminal justice process, where you should have legal…

Continue reading ›
Disorderly Conduct Charges in Arizona may be unlawful: What you should know before pleading guilty.
Law Office of James Novak

“Not all Disorderly Conduct arrests are justified or lawful. You should consult a criminal defense attorney before pleading guilty. If your constitutional rights were violated, you may be able to get charges dismissed.” Disorderly Conduct Charges Disorderly conduct (also called disturbing the peace) is charged often in Mesa AZ and other cities in Maricopa County.…

Continue reading ›
Disorderly Conduct Charges are some of the most successfully challenged criminal offenses in Maricopa County. Find out how and why.
Law Office of James Novak

“Disorderly Conduct arrests are made all too often in Maricopa County AZ; How good criminal defense attorneys get disorderly conduct charges dismissed”. Maricopa County Disorderly Conduct Charges Maricopa County “Disorderly conduct charges”, sometimes referred to as “disturbing the peace” are made all too often. But commonality does not reduce their consequences. An experienced Maricopa County…

Continue reading ›
Disorderly Conduct Laws in Arizona: Disorderly Conduct charges are often over used and unlawful. Why you should not plead guilty before consulting a criminal defense attorney.
Law Office of James Novak

“Why You Should Not Plead Guilty to Disorderly Conduct Charges in Mesa, without consulting a good criminal lawyer who provides criminal defense in Mesa AZ!” 10 Reasons Police May Charge You for Disorderly Conduct in Mesa AZ Editor’s Note: This list of reasons may get you angry; Make sure you don’t “disturb anyone’s peace” when…

Continue reading ›

Arizona Criminal Defense Attorney Blog

Hearsay Are Statements “Offered for the Truth of the Matter” As you may know, hearsay is a statement made out of court that a litigant tries to use in court. The second element of hearsay that you may not know...

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...

Contact Us

  1. 1 Free Initial Consultation
  2. 2 Available 24/7
  3. 3 Former Prosecutor

Fill out the contact form or call us at (480) 413-1499 to schedule your free consultation.

Leave Us a Message