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Arizona Criminal Defense Attorney Blog

Clemency Laws and Proceedings in Arizona
Law Office of James Novak

Clemency Defined Clemency is a mitigation of penalties; a pardon; a discharge from prison; reduction of felony prison sentencing; a reprieve or a temporary delay or suspension of sentencing. It may be granted for the Governor of Arizona or the President of the United States. The effect does not eliminate the conviction, or mean that…

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DUI Charges: The effects of the Supreme Court’s decision in “Arizona v. Zaragoza” made it easier for persons to be found guilty of DUI even if they were not driving.
Law Office of James Novak

“Actual Physical Control of a Vehicle” Tempe AZ In Arizona, under A.R.S. § 28-1381 and A.R.S. § 28-1382 a person a person may be charged with a DUI if they are impaired due to alcohol or drugs, and in “Actual Physical Control of a Vehicle (APC)”. A Supreme Court decision Arizona v. Zaragoza actually made…

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Drug Possession Sentencing: The higher the quantity of an illegal drug found in a person’s possession, the harsher the penalties.
Law Office of James Novak

Drug Possession Laws in Phoenix AZ In Arizona, a person may be charged with possession of an illegal drug if they are knowingly in possession of Marijuana, an illegal drug, or a dangerous drug, defined under A.R.S. 34 13-3401. The higher the quantity of a drug a person is found to have in their possession,…

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Aggravated Assault (Felony) Laws: Dog Bites and Vicious Animals attacks may result in Felony Assault charges for the owner
Law Office of James Novak

Under Phoenix AZ Assault Laws, an owner of a dog that or bites or attacks another person may be held responsible with criminal liability, and face serious felony assault charges. Charges of this nature will expose a person to prison terms and other harsh penalties. If you face any type of assault charges, you should…

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What is an Arraignment?
Law Office of James Novak

An Arraignment is a hearing where you will provide your Initial Plea for DUI or Criminal Charges. There are three ways to plea: “Not Guilty”, “Guilty” or “No Contest.” To invoke your right to defend your charges and retain an attorney you should plead “Not Guilty”. Events that take place at Arraignment At the Arraignment…

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Methamphetamine (Meth) Charges: Dangerous Drug Classifications, Laws and Sentencing Guidelines
Law Office of James Novak

Methamphetamine “Meth” Charges in Phoenix AZ Under Arizona Law A.R.S. 13-3401.6 the drug Methamphetamine or “Meth” is classified as a “Dangerous Drug”. A person may be guilty of a Dangerous Drug crime if they knowingly possessed any amount of Methamphetamine or “Meth” as defined under A.R.S. § 13-3407. Arizona Dangerous Drug Offense Law and Classifications…

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Arrest Warrants: What to do if there is a warrant for your arrest
Law Office of James Novak

Arrest Warrants in Phoenix AZ Never ignore an arrest warrant in Maricopa County. It is a very serious matter. An arrest warrant stays outstanding and in effect indefinitely until the warrants is “quashed” (cancelled) ; a suspect is arrested; or the matter otherwise resolved by your criminal defense attorney. You should never ignore it. If…

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Copper Theft Laws: Arizona harsher sentencing and penalties for convictions; strict reporting guidelines for scrap metal transactions by businesses.
Law Office of James Novak

Copper Theft Arrests Phoenix, AZ Copper is considered 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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Drug Possession Laws: Sentencing and Penalties for Drug Possession Convictions
Law Office of James Novak

“Arizona has different sentencing ranges for drug convictions: those in which charges involve possession below the “Threshold Amount” and those that involve charges that equal or exceed the “Threshold Amount”. Drug Possession Laws in Arizona Convictions require “knowledge” of Possession. In order for the prosecution to convict a defendant for possession charges, they have the…

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Arizona HB 2374 – Deferred Prosecution Law to take effect July 2012
Law Office of James Novak

“New AZ Criminal Law helps felons accused of less serious crimes avoid prison; reduces Arizona costs; and provides relief for overcrowded prisons”. News & Law Review By: Law Office of James Novak, PLLC, Phoenix DUI & Criminal Defense Firm On March 21, 2012, Arizona Governor Jan Brewer signed into law “HB 2374 – Deferred Prosecution”…

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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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