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Arizona Criminal Defense Attorney Blog

Drug Conviction Affirmed Because Defendant Lacked Standing to Challenge Search
Law Office of James Novak

Under the Fourth and Fourteenth Amendments to the United States Constitution, law enforcement officers are not permitted to perform a search of someone’s property without a warrant, reasonable suspicion, or probable cause that the search would reveal evidence of illegal activity. When a police officer performs a search without a warrant or probable cause, any…

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Arizona Court Denies Defendant’s Motion to Suppress in Drug Case
Law Office of James Novak

In a recent opinion from an Arizona court, the defendant’s motion to suppress evidence of drug possession was denied. Originally, the defendant was charged and convicted of transportation of dangerous drugs for sale when a police officer found 40 individually packaged bundles of methamphetamine in the defendant’s truck. On appeal, the defendant argued that the…

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Court Affirms Defendant’s Arizona Drug Conviction Stemming from Hotel Room Drug Deal
Law Office of James Novak

Earlier this month, a state appellate court issued a written opinion in an Arizona drug case affirming the defendant’s conviction for selling methamphetamine. The case illustrates the lengths that law enforcement will go to when investigating drug crimes. The Facts of the Case According to the court’s opinion, the Prescott Police Department was conducting a…

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Arizona Court Denies Defendant’s Appeal, Concluding that Police Officer’s Identification Process was Accurate
Law Office of James Novak

In a recent opinion from an Arizona court, the defendant’s appeal of his conviction for fleeing from law enforcement was denied. Originally, the defendant was convicted and sentenced after he allegedly ran on foot from a police officer that was pursuing him. On appeal, he argued that the officer’s process for identifying him as the…

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Arizona Court Denies Defendant’s Request to Compel Victim to Interview in Sexual Assault Case
Law Office of James Novak

In a recent Arizona opinion involving sexual assault, the court denied the defendant’s request to make his daughter answer questions in an interview regarding her experience as a victim of the defendant’s actions. Even though Arizona law protects sexual assault victims from having to do interviews against their will, the defendant argued that since the…

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Arizona Court Denies Defendant’s Appeal in Kidnapping Case
Law Office of James Novak

In a recent opinion from an Arizona court in a kidnapping case, the defendant’s original conviction was sustained. The defendant argued that even though he had committed burglary and aggravated assault on the day in question, his crimes did not fit within the definition of “kidnapping.” The court disagreed, denying his appeal and affirming his…

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Court Denies Defendant’s Appeal Based on Court’s Error in Recent Arizona Fraud Case
Law Office of James Novak

In a recent case involving fraudulent activity and identity theft, an Arizona court denied a defendant’s appeal filed based on an error committed by the trial court. In the appeal, the defendant argued that the trial court committed an error so substantial that it biased the jury and gave her an unfair trial. The higher…

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Arizona Court Vacates Two Out of Three of Defendant’s Convictions for Luring a Minor
Law Office of James Novak

In a recent opinion from an Arizona court involving child luring, two of the defendant’s convictions were vacated. Originally, the defendant had been convicted of three counts of luring a minor for sexual exploitation. On appeal, he argued that he did not commit three separate crimes and that his conviction should be changed to reflect…

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Arizona Court Denies Defendant’s Appeal Based on Mistreatment During Trial
Law Office of James Novak

In a recent opinion from an Arizona court, a defendant’s convictions and sentences were affirmed after he unsuccessfully argued that his trial was unfair and that he should receive a new verdict. Originally, the defendant was convicted after exposing his penis to a minor and involving a minor in a drug offense. In its opinion,…

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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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