Articles Posted in Uncategorized

Yes — under a November 28, 2025 ruling from the Arizona Supreme Court, an officer can lawfully stop you for staying in the middle lane on a Maricopa County freeway if you are driving slower than the flow of traffic and another vehicle passes you on the right. The decision in State v. Alvarez-Soto expands…

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…

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.

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…

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…

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…

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…

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, state law provides for a smaller jury. Whether that decision is up to you depends on the type of offense and the potential sentence. A recent appeals court ruling…

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…

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…