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Arizona Criminal Defense Attorney Blog

Arizona Defendant in Child Sexual Abuse Case Appeals Guilty Conviction
Law Office of James Novak

In a recent case before the Arizona Court of Appeals involving sexual assault, the defendant argued that his guilty conviction should be reversed. Originally, the defendant was charged continuous sexual abuse, child molestation, and sexual conduct with a minor. After considering the defendant’s appeal, the higher court ended up affirming the original guilty verdict. Facts…

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Defendant in Drug and Sex Abuse Case Asks for New Trial Based on Prosecutorial Misconduct
Law Office of James Novak

In a recent case before the Arizona Court of Appeals, the court had to decide whether to grant a new trial in a defendant’s drug and sexual conduct case. Originally, the defendant was charged with and convicted of several drug offenses as well as sexual conduct with a minor. He appealed, arguing the prosecuting attorney…

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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 Criminal Defense Attorney Blog

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...

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...

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