Articles Posted in Penalties

Does Enhanced Sentencing Apply under DCAC if Victim is Fictitious?
Law Office of James Novak

The Arizona Supreme Court recently ruled that enhanced sentencing does not apply if the victim is fictitious.
Under Arizona’s Dangerous Crimes against Children law (DCAC), a person convicted of a sexual crime against a child is subject to enhanced sentencing. These sentencing guidelines are harsh and designed to provide greater punishments. Dangerous Crimes against Children in Arizona for those offenses described under A.R.S. 13-705 for which calls for enhanced sentencing. It applies when a person 18 years or older is convicted of committing specified offenses against children between ages of 12 to 15 and under, depending on the particular offense listed under the law.

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Arizona Court Rules Against Imposition of Non-concurrent Assessments
Law Office of James Novak

The Court of Appeals of Arizona recently decided an appeal regarding aggravated DUI in the case State of Arizona v. John Patrick McDonagh. This is an interesting case that works in favor of DUI defendants. It arose when the State charged the defendant with four counts of aggravated DUI. These were all variations on the…

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Marijuana DUI: The Impact of Montgomery V. Harris in Arizona
Law Office of James Novak

Arizona Court of Appeals rules non-impairing Marijuana ingredients qualify for DUI prosecution. A recent Marijuana DUI dismissal was overturned in favor of the state and moved for continued prosecution in the Arizona Court of Appeals. The main legal issue was whether or not a motorist could be prosecuted for Marijuana DUI when the only evidence…

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Prescription Drug DUI charges
Law Office of James Novak

If you plan to move or travel to Arizona; you should become familiar with Arizona’s strict prescription drug DUI laws. A person may be arrested in Arizona for a DUI, if they are not driving drunk, and even if they have had no alcohol at all. Last year Drug impairments accounted for 15% of all…

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Super DUI Task Force Created: East & West Valley Join Phoenix for Greater DUI Enforcement
Law Office of James Novak

Combined Resources Creates Larger Valley-wide DUI Task Force December 2012 This year Phoenix AZ, East Valley, and West Valley are combining DUI Task Force Efforts to create one large task force, for better efficiency and safety. The Special DUI Task Force will be in place for the rest of month of December 2012. A central…

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Felony DUI Judge arrested for Super Extreme DUI
Law Office of James Novak

Super Extreme and Drug DUI laws and penalties apply to all motorists driving in Arizona A criminal superior court judge in Northern Arizona was arrested on Super Extreme DUI charges, Sunday morning, December 9, 2012. He was stopped by police after swerving into oncoming traffic. It was reported in the media that his Blood Alcohol…

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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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