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Arizona Criminal Defense Attorney Blog

Arizona Supreme Court: DUI Partition Ratios Evidence Admissible
Law Office of James Novak

Arizona V. Cooperman: DUI Partition Ratio relevant, competent evidence to show lack of DUI Impairment. Blood Alcohol Content (BAC) refers to the concentration of alcohol in the blood that can currently be measured either by a DUI blood test or a breath test. Interestingly, however, the results of a breathalyzer test for DUI may not…

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Marijuana Trafficking Penalties in Arizona
Law Office of James Novak

A conviction could send a person to prison for the rest of their lives. The West Desert task force is a joint task force for the U.S. Border Patrol, U.S. Immigration and Custom Enforcement’s Homeland Security Investigations and the sheriff’s department. It aims to fight drug and human smuggling in the west desert region of…

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Aggravated DUI Laws and Penalties in Arizona
Law Office of James Novak

DUI with passengers under age 15 in vehicle raises a DUI to Felony Charges, where penalties are steep. Drunk driving can subject you to harsh penalties in Arizona. However, driving drunk with children in the car can lead to even harsher penalties. Recently, a middle-aged man was stopped in Arizona driving 89 miles per hour…

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Violations of “Search and Seizure” Laws: How they Impact Prosecution
Law Office of James Novak

Drivers with Marijuana in their vehicle, who consent to search may be easier to prosecute than those who expressly refuse. Most people understand that they have a Fourth Amendment right under the United States Constitution to be free from unlawful searches and seizures. They may know that the police must usually have probable cause to…

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Assault, Felony Assault, and “Dangerous Offense” Laws and Sentencing
Law Office of James Novak

A person will face “Dangerous Offense” Aggravated Assault charges if a deadly weapon is displayed or used in a crime. An assault charge may be brought as a Misdemeanor or Felony (Aggravated). A person may be guilty of misdemeanor assault if they put someone in fear of bodily harm, touch someone with the intent of…

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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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Prescription Drug DUI – Laws, and Defenses
Law Office of James Novak

Driving under the influence of a legal drug in Arizona is not solely a defense for DUI. Last year, the Arizona Department of Public Safety revealed that prescription drugs were increasingly being found in the blood and urine tests of individuals who have been pulled over or arrested in Arizona and suspected of DUI. Prescription…

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Meth Crimes: Why They’re Classified as “Dangerous Drugs” Offenses
Law Office of James Novak

All Meth crimes in Arizona are Charged as felonies; all felonies expose a person to prison. Law enforcement officers recently conducted the biggest methamphetamine bust in Maricopa County’s history. Sheriffs investigated for several months before locating 18 bricks of meth (51 pounds) worth almost $1 million. The twenty-six year old suspect who possessed the bricks…

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Tempe, AZ a City under Assault with Crime
Law Office of James Novak

Assault and related victim crimes carry the most severe penalties of all crimes in Arizona Violent crimes continue to plague Tempe AZ, especially on, and near Arizona State University (ASU). Tempe Police reported #911 and other calls for help had increased by 97 percent in 2012 over 2011, and arrests in criminal incidents continue to…

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Marijuana Cultivation – Manufacturing Laws and Penalties
Law Office of James Novak

Possession of 2-4 pounds indicator of commercial dealings. Convictions call for mandatory prison. Cultivation or manufacture of marijuana for non-medicinal purposes (or growing outside the strict guidelines provided in connection with medical marijuana cards) remains a felony in Arizona. Those arrested and prosecuted for felony marijuana manufacturing can face serious punishments at sentencing. There have…

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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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