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Arizona Criminal Defense Attorney Blog

Arizona Court’s Opinion Highlights Deference Shown to Trial Courts in Sentencing Decisions
Law Office of James Novak

The Arizona Court of Appeals, Division One, recently addressed a defendant’s argument that at 21 years old, he was too young to understand the crimes he committed and therefore his resulting sentence was excessive. In the case before the court, the defendant had engaged in sexual conduct with a minor. After he was found guilty…

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Arizona Court of Appeals Denies Defendant’s Appeal in Drug Case, Finding Evidence was Sufficient to Support Conviction
Law Office of James Novak

In a recent case before an Arizona court of appeals, the defendant appealed his conviction for possession of drug paraphernalia. His original verdict was based on an incident in which investigators caught him with large amounts of drugs and cash, as well as with a money counter, a scale, and a vacuum sealer in his…

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Arizona Defendant Successfully Appeals Assault and Homicide Convictions, Advocating for Self-Defense Instruction from Trial Court Judge
Law Office of James Novak

In a recent case before the Arizona Court of Appeals, Division One, the defendant argued that the trial court erred when it failed to instruct jury members on the possibility that she was acting in self-defense. The defendant was convicted of the following offenses: leaving the scene of a fatal accident, theft of means of…

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Defendant Successfully Asks for Reconsideration of Sentence in Arizona Violent Crimes Case
Law Office of James Novak

At the beginning of February 2024, the Arizona Court of Appeals, Division One, issued an order vacating in part a defendant’s sentences that resulted from the murder of his wife. The defendant originally faced charges for second-degree murder, abandonment of a dead body, and tampering with physical evidence. He appealed his convictions and sentences, partially…

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Arizona Court Denies Defendant’s Appeal in Drug Case, Concluding Chain of Custody Followed Proper Protocol
Law Office of James Novak

In a January 2024 case before an Arizona court of appeals, the defendant requested that his conviction be overturned because of potential issues with the chain of custody leading up to his trial. In criminal court, the “chain of custody” is the process through which evidence moves from collection to analysis to presentation before the…

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The Uphill Battle of Criminal Appeals in Arizona
Law Office of James Novak

Facing criminal charges can be an arduous journey, and the prospect of a successful appeal post-conviction can be even more challenging. In a recent Arizona case, the defendant appealed his convictions for aggravated assault and related charges. This blog post explores the difficulties encountered in pursuing a criminal appeal after a conviction. According to the…

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Addressing Hearsay and Fifth Amendment Issues in Sensitive Criminal Cases
Law Office of James Novak

Facing criminal charges is a daunting experience, and the legal complexities that accompany such cases can be overwhelming. In this blog post, we delve into a recent Arizona judicial opinion involving a child pornography case, shedding light on the difficulties presented by hearsay and the challenges of calling witnesses who invoke the Fifth Amendment. The…

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Challenging Search Warrants in Arizona Criminal Cases
Law Office of James Novak

Facing criminal charges can be a daunting experience, especially when evidence is obtained through search warrants. There are several difficulties associated with challenging search warrants in Arizona criminal cases. A recently decided appellate case sheds light on the complexities involved in suppressing evidence obtained through GPS tracking devices, and helps demonstrate the importance of a…

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Arizona Defendant Unsuccessfully Appeals Sexual Assault Conviction Based on 1991 Incident
Law Office of James Novak

In a November 2023 case before an Arizona court of appeals, the defendant appealed convictions of burglary, kidnapping, attempted sexual assault, and sexual assault. The alleged incident occurred in 1991, and the defendant argued on appeal that the State’s late introduction of evidence during trial had adverse effects on the case’s outcome. According to the…

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Arizona Criminal Defense Attorney Blog

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...

“Motive” as a Reason to Admit Otherwise Inadmissible Evidence at Trial When can an Arizona court admit evidence regarding a previous, seemingly unrelated offense during criminal proceedings? The answer is tricky, as...

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