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Arizona Criminal Defense Attorney Blog

Marijuana DUI Laws: Users Driving with Medical Marijuana risk being arrested for illegal drug possession and drug DUI.
Law Office of James Novak

Much controversy still surrounds the Arizona Medical Marijuana Act, even though the state law approved use for medicinal by qualified card-holders. Users driving who are patients that possess a medical marijuana card arrest for both possession, and Drug DUI. Marijuana Possession Charges Under current law qualified patients of the MM cards may purchase 2.5 ounces…

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Arizona’s “Show me your papers” immigration provision starts now
Law Office of James Novak

On September 18, 2012, U.S. District Judge Susan Bolton released the temporary restraining order on the immigration provision in SB 1070 A.R.S. 11-1051 (B). The action was pursuant to the U.S. Supreme Court’s ruling on the matter in June 2012. At the center of a two year legal batter, is the provision in the law…

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DUI Blood Test Laws: DUI chemical tests taken without consent not admissible in Court
Law Office of James Novak

In Carillo v. Houser Maricopa County, the Arizona Supreme Court held that the Implied Consent Law, A.R.S. § 28-1321 did not authorize police to conduct DUI blood testing without a warrant. The exception is if the suspect expressly gives their consent for officers to administer the chemical test. It is not enough for a suspect…

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Theft: Purchasing known stolen items, may result in criminal liability.
Law Office of James Novak

In Arizona laws are in place that will result in criminal charges imposed on a person or business who knowing buys or sells stolen property that they know or should have known were stolen. Laws were enacted as recently as January and March of 2012 that impose strict guidelines on businesses, particularly copper and metal…

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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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New Metal Theft Laws: Arizona calls for more severe penalties, and strict reporting for scrap metal buyers and sellers
Law Office of James Novak

Metal Theft Charges Copper is an example of a high demand Non-Ferrous metal, with comprehensive uses, and is more resistant to rust and corrosion, than many other types of metals. As a result, thefts of copper and copper cable have become such a widespread problem in Arizona that many law enforcement agencies are offering rewards…

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Labor Day DUI Task Forces: Warnings and Safety Tips for Motorists
Law Office of James Novak

“Don’t be drinking and driving ’cause we’ll catch you”, DPS warns. Arizona Department of Public Safety (DPS) is geared up for its’ statewide DUI task forces. They will be in place for their annual Labor Day crackdown, Friday August 31, 2012 through Tuesday September 4, 2012.They will be looking for drunk drivers; impaired motorist under…

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National Impaired Driving Enforcement Crackdown in Effect
Law Office of James Novak

Did you know that the National Impaired Driving Enforcement Campaign is in effect August 17, 2012 to September 3, 2012? You have probably seen the Television commercials airing the messages: “Drive Sober or get Pulled Over;” Don’t drink and drive; and “They’ll see you before you see them”. The efforts involve increased police presence, DUI…

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Police Brutality: Your Rights and Use of Excessive Force by Police
Law Office of James Novak

Arizona police are allowed to use some force if necessary. But only to the degree that is necessary to prevent a suspect from fleeing; or to avoid harm, or injury to others. Police are not allowed to use excessive physical or lethal force. The justifiable amount of force that can be used is dictated by…

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Tempe DUI Task Force Labor Day: Alcohol, Drug, and DUI Basics
Law Office of James Novak

With Labor Day 2012 fast approaching and ASU back in session, police are increasing presence in and around East Valley Cities. DUI Task Forces will be set up again this weekend on Mill Ave, in Tempe AZ. Police will also be organizing Traffic, Pedestrian, and Bike Safety checks. The DUI Task Force officers will be…

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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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