Articles Posted in Arizona Criminal Defense

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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The Crime Prevention Justification in Arizona
The Law Office of James Novak Team

The jury instructions that are given at a defendant’s criminal trial can make a big difference to the outcome of the case. In State v. Almeida, the appellate court considered the trial court’s failure to give a jury instruction about A.R.S. § 13-411, the “crime prevention justification.” Among other things, A.R.S. § 13-411 allows someone…

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Defendant in Arizona Murder Case Asks for Reversal Based on Involuntariness of Written Confession
The Law Office of James Novak Team

Recently, an Arizona court denied a defendant’s appeal in a murder case involving the defendant’s former roommate. The defendant asked the court to consider the written confession that the State introduced at trial inadmissible; he claimed he did not write the confession voluntarily and, therefore, the prosecution should not have been able to use it.…

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Arizona Defendant Raises Question of Statutory Interpretation in Resisting Arrest Case
The Law Office of James Novak Team

In a recent case coming out of the Supreme Court of Arizona, the defendant asked the court to reconsider his conviction for resisting arrest. According to the defendant, the trial court improperly instructed the jury regarding the law that applied to his case, and the verdict should be reversed because of the trial court’s error.…

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

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 Kidnapping Case
The Law Office of James Novak Team

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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Fourth Amendment Inventory Search Exception Leads Arizona Court to Deny Motion to Suppress
The Law Office of James Novak Team

In a recent opinion written by an Arizona appellate court, a defendant appealed a lower court’s denial of his to suppress the physical evidence found in his backpack after a murder. The appellate court affirmed the denial of his motion to suppress, finding that the defendant’s Fourth Amendment protections were not violated since the backpack…

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Arizona Court Addresses Admissibility of Identification Evidence in Recent Felony-Murder Case
The Law Office of James Novak Team

Recently, the Arizona Court of Appeals issued an opinion in an Arizona robbery and felony-murder case. In its opinion, the court affirmed the lower court’s decision to deny the defendant’s motion to preclude an identification made by a witness. The Facts of the Case According to the court’s opinion, the defendant and four other individuals…

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Recent Criminal Justice Reform Initiatives Take Effect in Arizona
The Law Office of James Novak Team

Over the past decade, more states are coming to realize the detrimental—and unfair—effects that result when applying existing laws. For example, laws imposing mandatory minimum punishments, the system’s failure to account for mental health issues (including addiction), and harsh collateral consequences that come along with a conviction have all started to get a second look.…

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Arizona Criminal Defense Attorney Blog

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...

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

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