Articles Posted in Sex Crimes

Arizona Court’s Opinion Reinforces Case Law Dictating Trial Court Jurisdiction Over Defendants Over Eighteen Years of Age
Law Office of James Novak

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. On appeal, the State had argued that the trial court should not have dismissed the defendant’s indictment, which was based on the defendant’s status as a minor at the time of…

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Appellate Court’s Opinion Reinforces Importance of Fourth Amendment Protections in Sexual Exploitation Case
Law Office of James Novak

In an April 2024 opinion regarding sexual exploitation of a minor, Division Two of the Arizona Court of Appeals sided with the defendant by ruling that the government should not have searched the defendant’s personal property without a warrant. The case revolved around the defendant’s spy camera, which he put in a bathroom to secretly…

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Arizona Court Interprets Eighth Amendment in Sexual Misconduct Case
Law Office of James Novak

Under the U.S. Constitution as well as the Arizona Constitution, the Eighth Amendment protects individuals from “cruel and unusual punishment.” Courts interpret this standard differently in different contexts. In a new case coming out of the Arizona Court of Appeals, Division Two, the court offered some guidance about interpreting the Eighth Amendment in relation to…

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Arizona Court’s Opinion Highlights Deference Shown to Trial Courts in Sentencing Decisions
Law Office of James Novak

The Arizona Court of Appeals, Division One, recently addressed a defendant’s argument that at 21 years old, he was too young to understand the crimes he committed and therefore his resulting sentence was excessive. In the case before the court, the defendant had engaged in sexual conduct with a minor. After he was found guilty…

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Addressing Hearsay and Fifth Amendment Issues in Sensitive Criminal Cases
Law Office of James Novak

Facing criminal charges is a daunting experience, and the legal complexities that accompany such cases can be overwhelming. In this blog post, we delve into a recent Arizona judicial opinion involving a child pornography case, shedding light on the difficulties presented by hearsay and the challenges of calling witnesses who invoke the Fifth Amendment. The…

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Arizona Court of Appeals Sides with State in Sexual Exploitation Case
Law Office of James Novak

In a recent matter before a court of appeals in Arizona, the State asked the court to reconsider a lower court’s dismissal of a case involving possible sexual exploitation. The trial court had originally dismissed the case for several reasons, one of which was that the significant delays caused the defendant emotional and financial harm.…

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Arizona Defendant Unsuccessfully Appeals Sexual Assault Conviction Based on 1991 Incident
Law Office of James Novak

In a November 2023 case before an Arizona court of appeals, the defendant appealed convictions of burglary, kidnapping, attempted sexual assault, and sexual assault. The alleged incident occurred in 1991, and the defendant argued on appeal that the State’s late introduction of evidence during trial had adverse effects on the case’s outcome. According to the…

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Arizona Court Denies Defendant’s Appeal in Sexual Exploitation Case, Despite Investigators’ Mistake in Search Warrant
Law Office of James Novak

In a recent Arizona criminal case arising out of attempted sexual exploitation of a minor, the defendant asked the higher court to reconsider the lower court’s denial of his motion to suppress. The defendant was charged after investigators found out he was involved in an attempted meet up with a teenage girl. The defendant filed…

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Arizona Defendant in Sexual Assault Case Loses on Appeal, Despite Argument that Religious Testimony was Unwarranted During Trial
Law Office of James Novak

In a September 2023 case before an Arizona court of appeals, the defendant argued that the lower court made a mistake by allowing the victim to discuss her religious beliefs on the stand. Originally, the defendant was charged with and convicted of sexual assault, kidnapping, sexual abuse, and assault. After a jury found him guilty,…

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Arizona Defendant Argues Against Conviction for Sexual Exploitation of Minor, Leading Court to Overturn and Remand for New Trial
Law Office of James Novak

In an August 2023 case before an Arizona court of appeals, the defendant successfully got his convictions overturned by arguing that the prosecution showed the jury too many prejudicial images during the defendant’s trial. Originally, the defendant was charged with sexual exploitation of a minor. His case went to trial, and a jury found him…

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Arizona Criminal Defense Attorney Blog

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...

“Motive” as a Reason to Admit Otherwise Inadmissible Evidence at Trial When can an Arizona court admit evidence regarding a previous, seemingly unrelated offense during criminal proceedings? The answer is tricky, as...

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