Articles Posted in Domestic Violence

“Motive” as a Reason to Admit Otherwise Inadmissible Evidence at Trial
Law Office of James Novak

When can an Arizona court admit evidence regarding a previous, seemingly unrelated offense during criminal proceedings? The answer is tricky, as there are multiple exceptions to the rule of evidence indicating that testimony about a prior bad act is inadmissible during trial. One such exception is when the evidence speaks to a party’s motive, opportunity,…

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Aggravated Assault Conviction Affirmed Despite Victim’s Attempted Recantation of Complaint
Law Office of James Novak

A common theme in Arizona domestic violence prosecutions involves the changing stories and testimonies of alleged domestic violence victims as a case progresses toward prosecution and conviction. Often, complaining victims may exaggerate or fabricate evidence of domestic violence in response to a domestic altercation, or to offset allegations of violence against themselves when law enforcement…

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Admissibility of Expert Testimony in Domestic Violence Charges
Law Office of James Novak

Profiling evidence is sometimes used by the prosecution to help jurors decide on the facts as well as credibility of witnesses.
Profiling expert testimony is not always admissible and is a decision for the court. Consideration is based upon the rules of criminal evidence, and the content of the expert witness’s planned testimony. If improper witness testimony is admitted, it can potentially lead to an unfair guilty verdict.
Arizona Courts may also consider admissibility of “cold” witness testimony in which an expert offers an opinion on general principles without applying them to the facts of a case. This article takes a closer look at the admissibility of “cold” expert testimony and profiling evidence in the prosecution of domestic violence charges..

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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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Domestic Violence: Why victims are often charged or arrested
Law Office of James Novak

Domestic Violence Charges The police and prosecution take domestic violence very serious. They egregiously pursue convictions in these cases because they are considered to be a crime against a victim. Domestic violence refers to a familial relationship. The victim may be a spouse, partner, brother, sister, grandparent, child, or other persons residing together. Police have…

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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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