Articles Posted in Law News

Phoenix to Conduct Largest Gun Buyback Program in City’s History
Law Office of James Novak

The Mayor of Phoenix AZ recently announced plans for the largest Gun Buyback Program to be held in May 2013. It is being funded by an anonymous donation of $100,000.00. A Gun Buyback Program is an organized jurisdictional effort to compensate gun owners in return for their guns. The goal is to take unwanted guns…

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AZ Drug DUI Arrests Increase in 2012
Law Office of James Novak

“Use of Prescription Medication an Epidemic and DUI hazard” The National Center for Disease Control (CDC) describes use of prescription medication as an epidemic and the fastest-growing drug problem in the Country. It is said that more teens are using prescription medicine than cocaine, meth and Ecstasy combined. Final numbers are still being tallied from…

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The US Supreme Court to Hear Landmark DNA Evidence Case
Law Office of James Novak

The Verdict could have national impact on when law enforcement can collect DNA evidence from suspects. On November 9, 2012, the United States Supreme Court agreed to hear a criminal DNA testing case, Maryland v. King (12-207), which could result in nation-wide impacts. The defendant’s DNA samples were collected immediately following his arrest. He was…

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US Supreme Court Agrees to Hear Landmark DUI Blood Test Case
Law Office of James Novak

The 4thAmendment right put to the test: Unlawful search and seizure On September 25, 2012, the US Supreme Court agreed to hear Missouri, Petitioner v. Tyler G. McNeely. The decision could affect DUI blood test consent cases throughout the nation. The high court will rule on the issue of when the police need a warrant…

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Arizona’s “Show me your papers” immigration provision starts now
Law Office of James Novak

On September 18, 2012, U.S. District Judge Susan Bolton released the temporary restraining order on the immigration provision in SB 1070 A.R.S. 11-1051 (B). The action was pursuant to the U.S. Supreme Court’s ruling on the matter in June 2012. At the center of a two year legal batter, is the provision in the law…

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DUI – DWI Task Forces: Early Start-up and Strong Presence Phoenix and East Valley Cities
Law Office of James Novak

Police announced that DUI Task Forces were set up on Wednesday May 23, 2012 and will run through Monday May 28, 2012 during the Memorial Day weekend. They are targeting Phoenix and East Valley Cities in Maricopa County have already made arrests for drivers impaired due to alcohol or drugs. A spokesperson for the Governor’s Office of Highway…

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Arizona HB 2374 – Deferred Prosecution Law to take effect July 2012
Law Office of James Novak

“New AZ Criminal Law helps felons accused of less serious crimes avoid prison; reduces Arizona costs; and provides relief for overcrowded prisons”. News & Law Review By: Law Office of James Novak, PLLC, Phoenix DUI & Criminal Defense Firm On March 21, 2012, Arizona Governor Jan Brewer signed into law “HB 2374 – Deferred Prosecution”…

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New AZ DUI Laws SB 1200 Signed and Effective December 31, 2011… But Challenged
Law Office of James Novak

The new AZ DUI law withdraws the right of a jury trial for some DUI defendants. But Arizonans say “not so fast”… June 4, 2011 Arizona News & Editorial Commentary Article By: James Novak, Arizona DUI and Criminal Defense Lawyer AZ SB 1200 was signed into law by the Governor Jan Brewer on April 29th,…

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Medical Marijuana Law Update
Law Office of James Novak

Petitions to be Accepted by ADHS for Additional Qualifying Debilitating Medical Conditions for AZ Medical Marijuana Use March 30, 2011 News Post Article by: James Novak, Phoenix DUI and Criminal Defense Attorney Don’t fret if you have a qualifying debilitating medical condition not initially included on the list. The Arizona Department of Health Services (ADHS)…

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Arizona Medical Marijuana Update
Law Office of James Novak

Final Rules Published by ADHS They’re here! Arizona Department of Health Services Publishes Final Rules for Administration of the AZ Medical Marijuana Act. Two more milestone dates added. March 29, 2011 News Post Article by: James Novak, Phoenix DUI and Criminal Defense Attorney The ADHS published it’s Final Rules, Physician Certification Form, and Frequently Asked…

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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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