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What You and Your Passengers Need to Know about Police GPS Tracking
Law Office of James Novak

The U.S. Supreme Court previously held that Global Positioning System (GPS) tracking on a driver’s vehicle comprises a search under the 4th amendment. This means that police need a warrant to conduct GPS tracking on a vehicle owned or driven by a suspect when the vehicle is legally in their possession. Earlier this year, the…

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What You Need to Know about Reasonable Suspicion to Stop
Law Office of James Novak

Reasonable Suspicion is a standard of proof in criminal law, recognized throughout the United States. It provides the justification needed by police to make an investigative stop.
This standard requires that the police have an unbiased belief of specific facts or circumstances that a crime or violation of the law has occurred.
The facts in which reasonable suspicion may arise must be articulable, in that they are capable of being expressed clearly. It requires more than a hunch, feeling, or guess. Reasonable suspicion in criminal law is a higher standard than preponderance of the evidence used in civil litigation. However, reasonable suspicion is a lower standard than probable cause in criminal law, which is required for police to obtain a search warrant, or to make an arrest.
Here are 5 more things you should know about reasonable suspicion for a stop.

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How to Defend Your Medical Marijuana DUI Charges in Arizona
Law Office of James Novak

The Arizona Court of Appeals recently outlined ways in which a qualified medical marijuana user can establish an affirmative defense for their DUI charges. Here are 3 ways a person facing Medical Marijuana DUI offense can establish an affirmative defense; as well as 10 other marijuana DUI defenses that can be used. Other featured topics include the burden of proof for affirmative defenses, marijuana DUI penalties, and what a criminal defense can do to help you defend your charges.
10 other common challenges for Marijuana DUI charges;
How a criminal attorney can defend your Marijuana DUI charges

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Felony DUI Laws, and Penalties in Arizona
Law Office of James Novak

All DUI convictions carry harsh penalties. But, by far aggravated DUI expose a person to the harshest sentencing. In 2012, a total of 7,696 Extreme DUI arrests were made representing 29% of the total 26,334 DUI arrests; and aggravated DUI (felony) arrests 3124 representing 12% of all DUI arrests last year. A majority of DUI…

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Super Extreme Felony DUI Charges: Difference between a Misdemeanor and Felony DUI including meaning, laws, and penalties
Law Office of James Novak

The Meaning The phrase “Super Extreme” relative to “DUI” refers to the level or amount of Alcohol Blood Alcohol Content (BAC) found in a person’s system. “Felony” refers to the Classification of criminal charges as in the difference between Misdemeanor and Felony crimes. Differences between Misdemeanor and Felony DUI charges First we will discuss the…

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Arrest Warrants: How to find out if you have an arrest warrant, and the safest way to take care of it.
Law Office of James Novak

“It may be possible to get your Scottsdale Arrest Warrant Quashed (cancelled) by Retaining a Criminal Defense Attorney.” Arrest Warrants Scottsdale AZ Basically, an arrest warrant is a legal order issued in the name of the State of Arizona which provides legal authority for the police or law enforcement to make an arrest. The two…

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How to get your DUI Scottsdale Police Report.
Law Office of James Novak

“5 Facts about getting a Scottsdale Police Report for DUI or criminal Charges” “How do I get a copy of my Scottsdale Police Report for my DUI?” You can obtain a copy of Scottsdale Police report for DUI or Criminal Charges in one of two ways: 1) Mail; or 2) In person. To obtain a…

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DUI Task Force police can legally stop you to conduct a DUI investigation simply based on the number of your vehicle in the line-up.
Law Office of James Novak

“You have the right to defend your Mesa DUI charges, no matter what events led to the arrest. But you chances of actually getting the DUI charges dismissed increase drastically if you are being defended by a good Mesa DUI lawyer.” Mesa AZ DUI Charges If you were arrested by a Mesa DUI Task Force…

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An arrest warrant will remain outstanding indefinitely, until it is taken care of or an arrest is made. Find out the safest way to take care of an arrest warrant.
Law Office of James Novak

What You Should Know about Outstanding Arrest Warrants in Gilbert“Get Your Gilbert Arrest Warrant ‘Quashed’ (cancelled) by Retaining a DUI or Criminal Attorney who Defends Charges in Gilbert AZ” Gilbert Arrest WarrantsDo not ignore an outstanding Gilbert AZ arrest warrant. It is a very serious matter. Whether you are at work, home, school, outside of…

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Arizona Criminal Defense Attorney Blog

How Arizona Post-Conviction Relief Petitions Are Handled After a Guilty Plea Even if you accepted a plea and started serving your sentence, you may still have legal grounds to challenge the outcome. Arizona law provides a...

Can You Demand a 12-Person Jury in Arizona Felony Cases? If you are facing felony charges in Arizona, you may assume you are entitled to a 12-person jury under the Sixth Amendment. In some cases, however...

Phoenix Appeals Court Upholds Sexual Assault Conviction Despite Objections to Police Interview If you’re facing serious felony charges in Phoenix and think certain statements made during a police interview might have tainted your trial, a...

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