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Arizona Criminal Defense Attorney Blog

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 Robbery Laws: A person may be convicted for robbery even if nothing was stolen and no one was harmed.
Law Office of James Novak

Types of Robbery Charges There are three classifications of robbery in Arizona: 1) Robbery; 2) Armed Robbery which involves a weapon; 3) Aggravated Robbery which involves an accomplice Even if a robbery offense does not involve a weapon or an accomplice it is serious felony charge. Maricopa County prosecutors pursue them egregiously because they are…

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5th Amendment: Right to Remain Silent
Law Office of James Novak

45 years after Miranda v. Arizona – Its impact on the US Criminal Justice System Over the last 45 years, legal controversies and challenges have continued to plague the “Miranda Rights”. Yet still it is recognized by all states in country. Following an arrest, the police must inform or warn a person of their “right…

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Aggravated Assault: The High Cost of Harming a Police Officer
Law Office of James Novak

Aggravated assault charges are assault charges that involved “aggravated factors” which elevated a Misdemeanor to a Felony. One aggravating factor that will raise a misdemeanor to a felony assault is if the offense was against a police officer. These types of charges carry long term prison sentencing and exorbitant fines. Conviction for this offense is…

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County Attorneys want halt on Arizona Medical Marijuana Law Implementation
Law Office of James Novak

On July 29, 2012 Arizona’s Governor Jan Brewer denied the request to halt implementation of the Medical Marijuana Law voted in by Arizonans in November 2010. Governor Brewer stated in a letter to the Yavapai County Attorney, that she is “duty-bound” from such halt because “the voters approved it”. Approximately 29,500 people have received their…

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DUI Field Sobriety Tests (FST): Consequences of a Refusal
Law Office of James Novak

DUI Field Sobriety Tests Field Sobriety Tests are a battery of preliminary roadside test that police administer to detect DUI drivers. National Highway Traffic Safety Administration (NHTSA) developed to these roadside tests to be used in early detection of DUI impaired, and DWI drivers. Police officers are formally trained and accredited to administer the tests.…

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DUI evidence: Why Police Did Blood Test v. Breath Test
Law Office of James Novak

DUI Arrest Based on Blood Test Results Mesa AZ The police have discretion of whether or not to conduct a blood test or a breath test following a DUI stop in Arizona. Here are 5 reasons why an officer may decide to conduct a blood test over a breath test: Breath Test Refusal In Arizona,…

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DUI Charges: 5 Reasons Why You Need Legal Representation
Law Office of James Novak

The Laws in Arizona for DUI are strict, harsh, and frequently changing. If you are unrepresented, you are held to the same standard as an experienced criminal defense attorney. This means you will be held responsible for meeting time lines, filing appropriate motions, challenging your charges with the authority of proper legal citation; representing yourself…

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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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