Articles Posted in Arizona Criminal Defense

Does Marijuana Odor Constitute Probable Cause in Arizona? Yes…and No.
Law Office of James Novak

Why Two Appeals Court Rulings Contrasted: Justices Review Effects of AMMA on Marijuana Odor on Probable Cause. In late July, two different Appeals Courts in Arizona released contrasting opinions involving appeals to dismiss the Marijuana evidence due to lack of probable cause for the search. In both cases the defendants argued the because of the…

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Arizona Supreme Court Limits Warrantless Home Searches
Law Office of James Novak

Under the Fourth Amendment of the U.S. Constitution and the Arizona Constitution, you have a right to be free from unreasonable searches and seizures. This means that in most cases, a warrant is required to search your home, with few exceptions. The exceptions include situations where “exigent circumstances” exist. This allows police to make a…

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U.S. Supreme Court Tips Scale to 4th Amendment Rights at Police Stops
Law Office of James Novak

Police cannot prolong stop’s duration beyond its initial purpose, without reasonable suspicion. The United States Supreme Court recently decided an important case that tilted in favor of 4th Amendment protections against unlawful detention, search and seizures. The case arose when a K-9 police officer pulled over the defendant for moving traffic violation. The driver was…

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Arizona Court of Appeals Marijuana Trafficking Case Study: Part II of II – Suspects 40 Minute Detention for K-9 Drug Unit Not Unreasonable.
Law Office of James Novak

Arizona Court of Appeals Marijuana Trafficking Case Study: Part II of II – Decision to Detain for K-9 Drug Unit Not Unreasonable. Your rights at a police stop; Stop; 10 Com7mon Drug Defenses; Mitigating Sentencing; Drug Trafficking Laws; Penalties, Criminal Defense for Felony Drug Charges.

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Arizona Court of Appeals: Officer had Reasonable Suspicion to Detain based on Totality of Circumstances: Part I of II: Case Study
Law Office of James Novak

In a case decided earlier this month, an Arizona Appeals Court ruled that an officer had enough “reasonable suspicion” to detain a suspect 40 minutes while awaiting the drug K-9 unit. The court considered the “Totality of Circumstances” or “the whole picture”, to conclude that the detention was not unreasonable. Case Facts The suspect was…

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DUI Confessions, Self-Incrimination in Arizona – Pleading the Fifth on Social Media
Law Office of James Novak

A Tragic Video Confession You might remember the viral video of an Arizona man, 22 year old Matthew Cordle, who caused a fatal drunk driving accident. He provided a confession in a four-minute online video that went viral with 2.3 million views last September. Cordle began his chilling confession with “My name is Matthew Cordle…

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Bonnie and Clyde Style Robberies in Arizona
Law Office of James Novak

Robberies need not be as epic as Bonnie and Clyde’s to be some of the most serious crimes under law.When I heard this story on the local news about “Bonnie and Clyde” style robbery suspects being arrested in Arizona, I stopped to reflect upon an image of “Bonnie and Clyde’s” get-away car I had seen…

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Disorderly Conduct and Bars don’t Mix
Law Office of James Novak

Police crack down on violence, assaults and disorderly conduct in Arizona bars. Most people visiting a bar in Maricopa County, don’t intend to commit a crime, or get in a fight with another customer, it often ends up that way. Alcohol or drugs can easily impact judgment and behaviors, and things can quickly get out…

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Tempe, AZ a City under Assault with Crime
Law Office of James Novak

Assault and related victim crimes carry the most severe penalties of all crimes in Arizona Violent crimes continue to plague Tempe AZ, especially on, and near Arizona State University (ASU). Tempe Police reported #911 and other calls for help had increased by 97 percent in 2012 over 2011, and arrests in criminal incidents continue to…

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US Supreme Court Rules No Warrant Needed to Collect DNA if Arrested
Law Office of James Novak

Impact of Maryland v. King Ruling on Arizona: What it gives and what it takes. Privacy rights were outweighed by law enforcement interests in the United States Supreme Court’s June 3rd ruling in Maryland v. King. In this case, the Court was divided 5-4 over the question of DNA sample collection. All states and the…

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Arizona Criminal Defense Attorney Blog

How Arizona Post-Conviction Relief Petitions Are Handled After a Guilty Plea 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...

Can You Demand a 12-Person Jury in Arizona Felony Cases? If you are facing felony charges in Arizona, you may assume you are entitled to a 12-person jury under the Sixth Amendment. In some cases, however...

Phoenix Appeals Court Upholds Sexual Assault Conviction Despite Objections to Police Interview If you’re facing serious felony charges in Phoenix and think certain statements made during a police interview might have tainted your trial, a...

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