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Arizona Criminal Defense Attorney Blog

What to Expect After an Arrest for a First-Time DUI in Arizona
James Novak

Arizona treats DUI more seriously than many states. A basic DUI applies when your blood alcohol concentration is 0.08 or higher, or when drugs or alcohol impair your driving to the slightest degree. Drivers under 21 can be charged with any detectable alcohol. Commercial drivers face lower limits. Police will often rely on field sobriety…

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Arizona Aggressive Driving Charges And The Criminal Penalties Drivers Often Do Not Expect
James Novak

Aggressive driving charges in Arizona have increased across the state, and many drivers do not realize how quickly this type of allegation turns into a criminal case. A traffic stop that begins with speeding or unsafe lane use can escalate into a class 1 misdemeanor under Arizona Revised Statutes section 28-695. That classification places aggressive…

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Arizona Appeals Court Ruling in McNulty Highlights Importance of Trial Record in Criminal Defense
James Novak

A recent decision from the Arizona Court of Appeals highlights how the outcome of an appeal often depends on what was preserved in the trial court record. In State v. McNulty, the court affirmed a conviction for robbery and related charges, emphasizing how much deference appellate judges give to what happened at trial. If you…

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Arizona Court Orders Resentencing After Trial Judge Misses Critical Record Review
James Novak

A recent Arizona Court of Appeals opinion demonstrates how a single procedural mistake during sentencing can result in a complete reversal. When a judge fails to personally confirm a prior conviction before issuing a harsher sentence, the sentence cannot stand. If you are accused of a crime in Arizona, you should have a defense attorney…

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Arizona Court Clarifies Search Warrant Standards in Recent Criminal Case
James Novak

In May 2025, the Arizona Court of Appeals issued a published decision that strengthens legal protections against unlawful searches and seizures. The case focuses on what information law enforcement must include in an affidavit to justify a search warrant. While the court ultimately upheld the warrant in that case, the opinion highlights the standards Arizona…

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How Arizona Post-Conviction Relief Petitions Are Handled After a Guilty Plea
The Law Office of James Novak Team

Even if you accepted a plea and started serving your sentence, you may still have legal grounds to challenge the outcome. Arizona law provides a narrow but important path for those seeking post-conviction relief under Rule 33. This process allows you to present new facts, expose violations of your rights, or raise concerns that were…

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Phoenix Appeals Court Upholds Sexual Assault Conviction Despite Objections to Police Interview
The Law Office of James Novak Team

If you’re facing serious felony charges in Phoenix and think certain statements made during a police interview might have tainted your trial, a recent Arizona Court of Appeals decision shows how difficult it is to overturn a conviction on those grounds. In State v. Narayan, decided in April 2025, the court upheld a sexual assault…

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New Affirmative Defense for DUI Marijuana or Impairing Metabolite in Arizona
The Law Office of James Novak Team

On November 20, 2015, the Supreme Court of Arizona decided Dobson v. McClennen (P.3d, 2015 WL 7353847, Arizona Supreme Court 2015). The decision has important implications for individuals that use medical marijuana and might have THC or its metabolite in their system but drive at a time when they are not impaired. Jokingly called the “Driving While a…

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Arizona Criminal Defense Attorney Blog

What to Expect After an Arrest for a First-Time DUI in Arizona Arizona treats DUI more seriously than many states. A basic DUI applies when your blood alcohol concentration is 0.08 or higher, or when drugs or...

Arizona Aggressive Driving Charges And The Criminal Penalties Drivers Often Do Not Expect Aggressive driving charges in Arizona have increased across the state, and many drivers do not realize how quickly this type of allegation turns into...

Arizona Supreme Court Expands Bedroom Self-Defense Rights In Shared Homes You can assert self-defense from inside a locked bedroom, even when the person trying to come through the door entered the home as a guest of a...

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