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Arizona Criminal Defense Attorney Blog

The US Supreme Court to Hear Landmark DNA Evidence Case
Law Office of James Novak

The Verdict could have national impact on when law enforcement can collect DNA evidence from suspects. On November 9, 2012, the United States Supreme Court agreed to hear a criminal DNA testing case, Maryland v. King (12-207), which could result in nation-wide impacts. The defendant’s DNA samples were collected immediately following his arrest. He was…

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Motorists with the highest risk of DUI and fatal accidents
Law Office of James Novak

How BAC impacts DUI impairments and penalties in Arizona According to the National Center for Disease Control (CDC) recent studies three categories of people are the most at risk of getting an alcohol or drug related DUI. Those categories include young people; motor cyclists; and repeat DUI offenders: 1) More than one of every three…

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AGOHS Announces Holiday DUI Task Force Conference
Law Office of James Novak

Tips for keeping your holidays safe and free from DUI arrests and hazards Last week, the Arizona Governor’s Office of Highway Safety (AGOHS) announced it will be holding a Holiday 2012 DUI Enforcement “Kick-off” Conference at the Arizona State Capitol, Tuesday November 27, 2012. They will be discussing details for safety checkpoints, saturation patrols, and…

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DUI Court Program in Maricopa County Gets High Marks by NHTSA
Law Office of James Novak

The National Highway Traffic Safety Administration (NHTSA) recently conducted an evaluation of the Maricopa County DUI Court program. The purpose was to review the effectiveness of the program aimed at reducing <a href=”The National Highway Traffic Safety Administration (NHTSA) recently conducted an evaluation of the Maricopa County DUI Court program. The purpose was to review…

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Judge denies murder suspect’s request to represent himself at trial
Law Office of James Novak

“Request made ‘unknowingly’; defendant lacked ability to adequately mount a defense” – says Judge On October 9, 2012, the Superior Court Judge in Maricopa County denied Michael Lee Crane’s request to represent himself at trial. Crane is accused three violent robberies and homicides in the Phoenix, AZ. The defendant claimed the reason he wanted to…

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Portable Breath Test (PBT) Laws
Law Office of James Novak

5 reasons police conduct Preliminary Breath Tests Arizona is one of a majority of states with Preliminary Breath Test (PBT) Laws. The PBT is a small mobile device used to establish the presence of alcohol in a person’s system. The PBT is intended to be used as an early detection or screening tool by police.…

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October – National Domestic Violence Awareness Month
Law Office of James Novak

October 2012 marks the 25th anniversary of the observance of National Domestic Violence Awareness Month. Every nine seconds a woman in the United States is beaten. Three women a day in the USA lose their lives. But victims are not limited to women. Victims can be men, children, brothers, sisters, grandparents, or other familial relationship.…

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Domestic Violence: Why victims are often charged or arrested
Law Office of James Novak

Domestic Violence Charges The police and prosecution take domestic violence very serious. They egregiously pursue convictions in these cases because they are considered to be a crime against a victim. Domestic violence refers to a familial relationship. The victim may be a spouse, partner, brother, sister, grandparent, child, or other persons residing together. Police have…

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US Supreme Court Agrees to Hear Landmark DUI Blood Test Case
Law Office of James Novak

The 4thAmendment right put to the test: Unlawful search and seizure On September 25, 2012, the US Supreme Court agreed to hear Missouri, Petitioner v. Tyler G. McNeely. The decision could affect DUI blood test consent cases throughout the nation. The high court will rule on the issue of when the police need a warrant…

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Establishing Driver “Impairment” in DUI Cases
Law Office of James Novak

Establishing driver impairment is the most challenging element of a DUI Elements of a DUI There are three elements of a DUI charge in Arizona. Establishing impairment is the third, and most difficult to confirm. First, the facts need to establish that the motorist must be driving or in actual physical control of a vehicle.…

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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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