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Arizona Criminal Defense Attorney Blog

Aggravated Assault Conviction Affirmed Despite Victim’s Attempted Recantation of Complaint
Law Office of James Novak

A common theme in Arizona domestic violence prosecutions involves the changing stories and testimonies of alleged domestic violence victims as a case progresses toward prosecution and conviction. Often, complaining victims may exaggerate or fabricate evidence of domestic violence in response to a domestic altercation, or to offset allegations of violence against themselves when law enforcement…

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Arizona Court of Appeals Corrects Lower Court’s Mistake in Drug Case
Law Office of James Novak

Recently, an Arizona defendant in a drug case appealed his guilty conviction to a higher court. On appeal, the court reviewed the record of the case and discovered that the trial court had mistakenly sentenced the defendant as if he had been found guilty of two crimes instead of one. Given this error, the court…

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Criminal Defendant Loses Appeal Over Inappropriate Courtroom Behavior
Law Office of James Novak

Recently, an Arizona defendant originally charged with sexual assault appealed his guilty convictions and sentences in two related cases. On appeal, the Arizona Court of Appeals denied the defendant’s request and affirmed the superior court’s verdicts from 2018 and 2021. At issue on appeal was the defendant’s behavior during his two trials, and the higher…

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Arizona Court Decides Defendant Need Not Own a Car to Comply with Ignition Interlock Statute
Law Office of James Novak

Recently, an Arizona court of appeals had to decide the implications of a statute that allows defendants convicted of extreme driving under the influence to be released from jail early if they install an interlock device on their car. Specifically, the statue says that defendants guilty of extreme DUI can have 31 days cut off…

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Arizona Court Denies Defendant’s Appeal in Case Involving Altercation with Police Officer
Law Office of James Novak

In a recent case coming out of an Arizona court, the defendant appealed his conviction for aggravated assault on a police officer. On appeal, the defendant argued that the judge in the lower court should have informed the jury that they could have reasonably found he was acting in self-defense against the police officers. Considering…

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Arizona Court of Appeals Sides with State in Dog Sniff Case
Law Office of James Novak

In a recent case before the Arizona Court of Appeals, the defendant unsuccessfully argued that a police officer’s canine search of her vehicle was unwarranted. Originally, the defendant was charged, convicted, and sentenced for possession of a narcotic drug for sale. On appeal, she argued that the evidence of the drugs should have been suppressed…

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Arizona Court Denies Defendant’s Appeal in Arizona Murder Case, Affirming His Conviction and Sentence
Law Office of James Novak

In a recent Arizona murder case, the defendant unsuccessfully appealed his conviction and sentencing for second-degree murder. In the appeal, the defendant argued on many counts, challenging the lower court decision through the Arizona separation-of-powers doctrine, disputing evidence introduced at trial, filing motions to suppress evidence, disputing jury instructions, and arguing that his sentencing was…

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Arizona Defendant Loses Appeal in Case Involving Aggravated Assault Against Police Officer
Law Office of James Novak

Late last month, an Arizona Court of Appeals ruled on a defendant’s appeal of his conviction for aggravated assault against a police officer. In writing its decision, the court considered the defendant’s argument that his trial result should be overturned due to unfair testimony offered by a police officer on the stand. Ultimately, the court…

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Arizona Court Denies Defendant’s Appeal in Arizona Drug Case, Rejecting Defendant’s Argument That He Was Categorized Incorrectly
Law Office of James Novak

In a recent appellate opinion in an Arizona drug case, the defendant unsuccessfully appealed his conviction of one count of possession or use of dangerous drugs and one count of possession of drug paraphernalia with the aggravating circumstance that he was on release from confinement and had historical prior felony convictions. In the appeal, the…

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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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