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Medical Marijuana Patients Breathing Easier Now That They No longer Face The Threat Of Prosecution For Possessing Cannabis Alternatives, After Recent Arizona Supreme Court Decision
The Law Office of James Novak Team

In a unanimous decision, the Arizona Supreme Court ruled that hashish qualifying patients under the AMMA are permitted to possess and use hashish because the statutory definition of “marijuana” includes resin, and by extension, hashish. With evolving court opinions and rapid changes in legislation, this article outlines current laws associated with medical marijuana, alternative forms of cannabis; differences between cannabis, marijuana, and hemp; impacts of recent federal and state legislation, criminal penalties for violations; and criminal defense topics.

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Arizona’s High Court Finds Defendant’s Consent to DUI Blood-Test Not Involuntary, Simply Because Police Advised Him of the Consequences of Refusing the DUI Test
The Law Office of James Novak Team

A DUI breath or chemical test is considered a protected search under the 4th Amendment. This requires police to have a warrant for probable cause in order to conduct a DUI breath, blood or urine test. This is the case, even if it is administered under Arizona’s Implied Consent Law. Arizona courts have held that if a person was coerced by the officer to take the DUI test then their consent is not voluntary (State of Arizona v. Valenzuela, 2016). Thus, an involuntary consent does not relieve police of the requirement to obtain a warrant.
The Arizona Supreme Court recently issued a written opinion in an Arizona DUI case centered on the issue of whether the defendant’s consent to provide a blood test was voluntary or involuntary. This article outlines the recent Arizona Supreme Court opinion, Q. & A. surrounding Arizona’s Implied Consent Law.

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What You and Your Passengers Need to Know about Police GPS Tracking
The Law Office of James Novak Team

The U.S. Supreme Court previously held that Global Positioning System (GPS) tracking on a driver’s vehicle comprises a search under the 4th amendment. This means that police need a warrant to conduct GPS tracking on a vehicle owned or driven by a suspect when the vehicle is legally in their possession. Earlier this year, the…

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What You Need to Know about Reasonable Suspicion to Stop
The Law Office of James Novak Team

Reasonable Suspicion is a standard of proof in criminal law, recognized throughout the United States. It provides the justification needed by police to make an investigative stop.
This standard requires that the police have an unbiased belief of specific facts or circumstances that a crime or violation of the law has occurred.
The facts in which reasonable suspicion may arise must be articulable, in that they are capable of being expressed clearly. It requires more than a hunch, feeling, or guess. Reasonable suspicion in criminal law is a higher standard than preponderance of the evidence used in civil litigation. However, reasonable suspicion is a lower standard than probable cause in criminal law, which is required for police to obtain a search warrant, or to make an arrest.
Here are 5 more things you should know about reasonable suspicion for a stop.

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How to Defend Your Medical Marijuana DUI Charges in Arizona
The Law Office of James Novak Team

The Arizona Court of Appeals recently outlined ways in which a qualified medical marijuana user can establish an affirmative defense for their DUI charges. Here are 3 ways a person facing Medical Marijuana DUI offense can establish an affirmative defense; as well as 10 other marijuana DUI defenses that can be used. Other featured topics include the burden of proof for affirmative defenses, marijuana DUI penalties, and what a criminal defense can do to help you defend your charges.
10 other common challenges for Marijuana DUI charges;
How a criminal attorney can defend your Marijuana DUI charges

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Felony DUI Laws, and Penalties in Arizona
The Law Office of James Novak Team

All DUI convictions carry harsh penalties. But, by far aggravated DUI expose a person to the harshest sentencing. In 2012, a total of 7,696 Extreme DUI arrests were made representing 29% of the total 26,334 DUI arrests; and aggravated DUI (felony) arrests 3124 representing 12% of all DUI arrests last year. A majority of DUI…

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Super Extreme Felony DUI Charges: Difference between a Misdemeanor and Felony DUI including meaning, laws, and penalties
The Law Office of James Novak Team

The Meaning The phrase “Super Extreme” relative to “DUI” refers to the level or amount of Alcohol Blood Alcohol Content (BAC) found in a person’s system. “Felony” refers to the Classification of criminal charges as in the difference between Misdemeanor and Felony crimes. Differences between Misdemeanor and Felony DUI charges First we will discuss the…

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Arrest Warrants: How to find out if you have an arrest warrant, and the safest way to take care of it.
The Law Office of James Novak Team

“It may be possible to get your Scottsdale Arrest Warrant Quashed (cancelled) by Retaining a Criminal Defense Attorney.” Arrest Warrants Scottsdale AZ Basically, an arrest warrant is a legal order issued in the name of the State of Arizona which provides legal authority for the police or law enforcement to make an arrest. The two…

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How to get your DUI Scottsdale Police Report.
The Law Office of James Novak Team

“5 Facts about getting a Scottsdale Police Report for DUI or criminal Charges” “How do I get a copy of my Scottsdale Police Report for my DUI?” You can obtain a copy of Scottsdale Police report for DUI or Criminal Charges in one of two ways: 1) Mail; or 2) In person. To obtain a…

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DUI Task Force police can legally stop you to conduct a DUI investigation simply based on the number of your vehicle in the line-up.
The Law Office of James Novak Team

“You have the right to defend your Mesa DUI charges, no matter what events led to the arrest. But you chances of actually getting the DUI charges dismissed increase drastically if you are being defended by a good Mesa DUI lawyer.” Mesa AZ DUI Charges If you were arrested by a Mesa DUI Task Force…

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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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