Articles Posted in Arizona Drug Charges

Recent Arizona Court Opinion Highlights Reality that Multiple Offenses Means Harsher Sentences
Law Office of James Novak

In Arizona, if a defendant with prior convictions is found guilty of a crime, that defendant will face a harsher sentence than if he or she had no prior convictions. A recent case before the Arizona Court of Appeals, Division One, highlights this reality, which can be difficult for defendants trying to argue for lighter…

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The “Good-Faith Exception” as Applied to a Motion to Suppress in Arizona
Law Office of James Novak

In a recent case before the Arizona Court of Appeals, Division One, the court had to decide whether a police officer’s honest mistake before a traffic stop meant the trial court should have suppressed evidence that he found during the stop. The case highlights the leniency that some courts will give to officers based on…

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Arizona Court of Appeals Denies Defendant’s Appeal in Drug Case, Finding Evidence was Sufficient to Support Conviction
Law Office of James Novak

In a recent case before an Arizona court of appeals, the defendant appealed his conviction for possession of drug paraphernalia. His original verdict was based on an incident in which investigators caught him with large amounts of drugs and cash, as well as with a money counter, a scale, and a vacuum sealer in his…

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Arizona Court Denies Defendant’s Appeal in Drug Case, Concluding Chain of Custody Followed Proper Protocol
Law Office of James Novak

In a January 2024 case before an Arizona court of appeals, the defendant requested that his conviction be overturned because of potential issues with the chain of custody leading up to his trial. In criminal court, the “chain of custody” is the process through which evidence moves from collection to analysis to presentation before the…

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Challenging Search Warrants in Arizona Criminal Cases
Law Office of James Novak

Facing criminal charges can be a daunting experience, especially when evidence is obtained through search warrants. There are several difficulties associated with challenging search warrants in Arizona criminal cases. A recently decided appellate case sheds light on the complexities involved in suppressing evidence obtained through GPS tracking devices, and helps demonstrate the importance of a…

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Arizona Defendant Unsuccessfully Appeals Unfavorable Decision on Motion to Suppress
Law Office of James Novak

Recently, a defendant in a case involving narcotic drugs asked the Arizona Court of Appeals to reverse an unfavorable decision delivered by the superior court. Originally charged with possession of narcotic drugs and misconduct involving weapons, the defendant asked the lower court to suppress incriminating evidence that the government planned to use against him during…

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Arizona Defendant Unsuccessfully Argues for Reversal in Drug Case Before Court of Appeals
Law Office of James Novak

Earlier this month, an Arizona court considered an appeal from a defendant convicted of transportation of dangerous drugs for sale. In 2018, the defendant was charged after a police officer found methamphetamine and heroin in the trunk of his car. The case went to trial, the defendant was found guilty, and this appeal followed. Looking…

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Defendant in Drug and Sex Abuse Case Asks for New Trial Based on Prosecutorial Misconduct
Law Office of James Novak

In a recent case before the Arizona Court of Appeals, the court had to decide whether to grant a new trial in a defendant’s drug and sexual conduct case. Originally, the defendant was charged with and convicted of several drug offenses as well as sexual conduct with a minor. He appealed, arguing the prosecuting attorney…

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Arizona Court of Appeals Corrects Lower Court’s Mistake in Drug Case
Law Office of James Novak

Recently, an Arizona defendant in a drug case appealed his guilty conviction to a higher court. On appeal, the court reviewed the record of the case and discovered that the trial court had mistakenly sentenced the defendant as if he had been found guilty of two crimes instead of one. Given this error, the court…

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

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 Criminal Defense Attorney Blog

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...

Arizona Court’s Opinion Reinforces Case Law Dictating Trial Court Jurisdiction Over Defendants Over Eighteen Years of Age In a recent opinion published by the Arizona Court of Appeals, Division One, the court vacated a trial court’s dismissal of an assault indictment...

Recent Arizona Court Opinion Highlights Reality that Multiple Offenses Means Harsher Sentences In Arizona, if a defendant with prior convictions is found guilty of a crime, that defendant will face a harsher sentence than if he or she had no...

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