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Arizona Criminal Defense Attorney Blog

Consent to search, includes Drug K-9 search of Vehicle
The Law Office of James Novak Team

In a recent case ruling the Arizona Court of Appeals upheld a woman’s conviction for possession for sale of methamphetamine and drug paraphernalia. The central issue in the Appeal was whether or not a K-9 drug search of her vehicle was within the scope of a voluntary consent to search she agreed upon. Case Facts…

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What Constitutes “Conspiracy” using mobile devices in Unlawful Drug Sales
The Law Office of James Novak Team

In a recent Arizona Supreme Court drug case, a man convicted of 11 drug-related crimes was sentenced to concurrent, consecutive presumptive terms of imprisonment. The defendant appealed, challenging five convictions related to violations of A.R.S. § 13-3417(A) to facilitate or conspire to commit felony drug crimes. In this article we provide an overview of the…

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Arizona Passes Law Allowing First Responders to Administer Lifesaving Overdose Drug
The Law Office of James Novak Team

Overview of AZ HB 2489: Combatting Heroin Overdoses A bill we have been following closely, AZ HB 2489 was passed on April 10, 2015. The expected effective date is July 3, 2015. Arizona now joins 26 other US states that have passed similar legislation. First responder’s administration of opiate reversal injections, have been credited with…

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Warrantless Searches for Probationers in Arizona
The Law Office of James Novak Team

If you are placed on probation for a drug crime in Arizona, you have a reduced expectation of privacy than you had before. This means that, depending on the probation conditions, the privacy protections you thought you had under the Fourth Amendment of the United States Constitution related to search and seizure may not apply.…

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Medical Marijuana Users have a Limited DUI Defense; Not General Immunity from Prosecution
The Law Office of James Novak Team

The Arizona Supreme Court provided a unanimous decision in a recent Marijuana DUI ruling. The court took a closer look at how the AMMA impacts prosecution. The Supreme Court ruled that Medical Marijuana card holders are not immune from prosecution under the state’s DUI law, which prohibits drivers from having in their blood marijuana or…

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DUI Blood Test with Medical Treatment Admissible unless Care Expressly Refused
The Law Office of James Novak Team

Your Guide to understanding the DUI blood test with medical treatment warrant exception. A DUI blood test taken by Police for investigating impairment is considered a search and seizure, protected by our 4th Amendment rights. This means that to obtain DUI blood or chemical evidence police would need either consent; or a warrant to order…

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A Heartfelt Thanks | Law Office of James E. Novak
The Law Office of James Novak Team

“Feeling gratitude and not expressing it is like wrapping a present and not giving it.” -William Arthur Ward The Expert Institute recently announced the results of their 2015 Best Legal Blog Contest.”Thank-you”. Though heard often, these two words carry the utmost sincerity, gratitude and appreciation. Thanks to all friends, friends of friends; family, extended families,…

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Why Good Juries Reach Bad Verdicts
The Law Office of James Novak Team

♦ Featuring Tips from Authorities: How to Safely Respond (or not) to Road Rage ♦ Our Federal and State Constitutions afford us the right to bear arms, to protect ourselves, our families, and others from immediate harm due to serious crimes in progress. So why then, must we be concerned with facing criminal charges if…

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We Still Need Your Vote to Win!
The Law Office of James Novak Team

Thanks to each of you who nominated our blog for the Expert Institute’s Best Legal Blog Contest. ♦You can cast your vote right from this page for the finals.♦ We would sincerely appreciate your help in sharing this with our call to action as well. We are grateful to announce that our Arizona DUI &…

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“15” Ways to avoid being a Victim of Police Brutality
The Law Office of James Novak Team

Part I of II Introduction This collaborative two part series was inspired by my friend and colleague, Eyitayo Ogunyemi, LL.B, B.L, Attorney and Human Rights Advocate in Lagos, Nigeria. This is part I of II which applies to Phoenix, AZ laws, in the USA. Eyitayo Ogunyemi has written Part II, which applies to Lagos, Nigerian…

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Arizona Criminal Defense Attorney Blog

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...

Arizona Court Orders Resentencing After Trial Judge Misses Critical Record Review A recent Arizona Court of Appeals opinion demonstrates how a single procedural mistake during sentencing can result in a complete reversal. When a...

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