An Arizona appeals court just vacated three convictions because a forensic nurse repeated a non-testifying victim’s account at trial. The ruling in State v. Johnson sharpens the line between medical treatment and police evidence-gathering, and it strengthens the hand of every defendant facing assault, aggravated assault, or domestic violence charges in Maricopa County. James Novak…
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Arizona Court of Appeals affirms conviction for drug possession for sale based on coded texts and expert officer testimony. What this ruling means for your defense.
Continue reading ›If you have been charged with theft, the best defenses usually come from attacking intent, identity, ownership, or value, not from trying to “explain” yourself to police. The Law Office of James E. Novak helps people facing theft charges in Phoenix, AZ, and the most effective approach starts early, while evidence is still available and…
Continue reading ›A domestic violence charge in Arizona can escalate quickly when the State alleges prior domestic violence convictions. Many people expect a new allegation to stand on its own. Arizona law allows prosecutors to file aggravated domestic violence charges when prior domestic violence convictions fall within an 84-month window. That charge level can raise the stakes…
Continue reading ›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…
Continue reading ›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…
Continue reading ›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 co-resident. The Arizona Supreme Court confirmed that principle on October 7, 2025, and that ruling gives you powerful arguments if you face a confrontation in a shared residence.…
Continue reading ›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…
Continue reading ›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…
Continue reading ›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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