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Arizona Criminal Defense Attorney Blog

Federal v. State Prosecution of Drug and Gun Possession Charges
Law Office of James Novak

Determining who will prosecute; Differences between Arizona, Federal laws and penalties. A Phoenix AZ man was recently sentenced to 25 years in prison for charges of methamphetamine possession with intent to distribute; and prohibited possession of a firearm. The suspected was prohibited from possessing a firearm because of a prior felony conviction on his record.…

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DUI Arrest without Breath, Blood, or Chemical Testing
Law Office of James Novak

“DUI arrests for “probable cause” doesn’t mandate that the police officer show a driver was actually under the influence, only that it is probable that he was”.A police officer need only have a reasonable suspicion that you have violated a traffic law (like the speed limit) or engaged in criminal activity to stop you. “Reasonable…

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Arizona DUI Stops: Weapons in Your Vehicle
Law Office of James Novak

How to avoid additional charges, and make sure your DUI stop does not turn deadly Recently a Mesa AZ police officer approached a vehicle and asked the driver if he had any weapons. The driver responded, affirmatively that he did in fact, have weapons in the vehicle. At that point he reached to the other…

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Bonnie and Clyde Style Robberies in Arizona
Law Office of James Novak

Robberies need not be as epic as Bonnie and Clyde’s to be some of the most serious crimes under law.When I heard this story on the local news about “Bonnie and Clyde” style robbery suspects being arrested in Arizona, I stopped to reflect upon an image of “Bonnie and Clyde’s” get-away car I had seen…

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Gone in Two Minutes: Burglary of Assault Weapons in Arizona
Law Office of James Novak

Burglary of firearms of any value is a felony in Arizona; depending on the value and other aggravated circumstances, convictions can result in lifetime prison sentences..Like something out of the Hollywood movies like “Ocean’s 13” or “Gone in 60 Seconds”, recently three thieves stole 13 military style rifles from C-3 Arms, a gun shop in…

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Aggravated DUI for Driving on Suspended License Defenses
Law Office of James Novak

Appeals Court overturns conviction holding that the State must prove beyond a reasonable doubt that a defendant knew or should have known of the suspension. There are several ways to get an aggravated DUI conviction in Arizona. Among the ways is driving while impaired by alcohol, drugs, medication, or illegal substances while having a suspended,…

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Recent ASU Crime Statistics Released
Law Office of James Novak

Drug, and Liquor Law Violations Top the List Arizona State University recently released its crime statistics for 2012. The university has four campuses: Tempe, West campus, Polytechnic Campus, downtown Phoenix and ASU Colleges at Lake Havasu City. The report shows crime statistics for 2010, 2011, and 2012. According to the ASU report, the Tempe campus…

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Disorderly Conduct and Bars don’t Mix
Law Office of James Novak

Police crack down on violence, assaults and disorderly conduct in Arizona bars. Most people visiting a bar in Maricopa County, don’t intend to commit a crime, or get in a fight with another customer, it often ends up that way. Alcohol or drugs can easily impact judgment and behaviors, and things can quickly get out…

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Tempe Police Begin Aggravated Assault, Alcohol Related Crime Sting Tonight
Law Office of James Novak

High profile recruits brought in from MCSO. Sheriff vows to stay “as long as it takes.” Tempe Police resources are stretched past their limits. Residents and students are fed up with living under the threat of increasing violence, and crime. Over the past year, there have been a number of startling and significant acts of…

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East Valley “Safe and Sober” Campaign Nets 1,513 DUI Arrests
Law Office of James Novak

Stakes are high for DUI, and Underage Drinking; Consequences extend beyond criminal charges. Starting August 15, 2013 nine agencies joined to form a “Safe and sober” campaign task force. The Campaign began at the beginning of the ASU fall semester, and lasted three weeks to end on September 1, 2013, of Labor Day Weekend. The…

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Arizona Criminal Defense Attorney Blog

How to Ensure an Impartial Jury in Serious Arizona Criminal Cases Criminal jury trials for serious offenses in Arizona are complex and high-stakes proceedings, where the fairness and impartiality of the jury are...

How Does a Court Determine if a Juvenile’s Confession is Voluntary? Under Arizona law, courts must assume that any juvenile suspect’s confession to a crime is involuntary, unless there is reason to think otherwise...

Hearsay Are Statements “Offered for the Truth of the Matter” As you may know, hearsay is a statement made out of court that a litigant tries to use in court. The second element of hearsay that you may not know...

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