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Arizona Criminal Defense Attorney Blog

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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AZ Appeals Court Rules: “When Out-of-state DUI Convictions Count as Priors”
Law Office of James Novak

The Arizona Appeal Court noted that that in order for an offense that occurred out of state to be counted as a “prior” the laws of the two states must be identical. Or alternatively, the offense must be such that if it had been committed in Arizona, instead of California in this case, it would have been in violation of Arizona’s impaired driving laws.

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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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Yes, You Have Constitutional Rights at an Arizona DUI Checkpoint
Law Office of James Novak

“The best way to deal with a DUI checkpoint is to be prepared for it. Lack of preparation or knowledge of your rights can lead to a false arrest, and violations of your rights.” A Case of False Arrest at a DUI Checkpoint One spring evening, 61 year old, Michael Wilhelm found himself in a…

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Federal v. State Prosecution of Drug and Gun Possession Charges
Law Office of James Novak

Determining who will prosecute; Differences between Arizona, Federal laws and penalties. A Phoenix AZ man was recently sentenced to 25 years in prison for charges of methamphetamine possession with intent to distribute; and prohibited possession of a firearm. The suspected was prohibited from possessing a firearm because of a prior felony conviction on his record.…

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DUI Arrest without Breath, Blood, or Chemical Testing
Law Office of James Novak

“DUI arrests for “probable cause” doesn’t mandate that the police officer show a driver was actually under the influence, only that it is probable that he was”.A police officer need only have a reasonable suspicion that you have violated a traffic law (like the speed limit) or engaged in criminal activity to stop you. “Reasonable…

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Arizona DUI Stops: Weapons in Your Vehicle
Law Office of James Novak

How to avoid additional charges, and make sure your DUI stop does not turn deadly Recently a Mesa AZ police officer approached a vehicle and asked the driver if he had any weapons. The driver responded, affirmatively that he did in fact, have weapons in the vehicle. At that point he reached to the other…

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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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Gone in Two Minutes: Burglary of Assault Weapons in Arizona
Law Office of James Novak

Burglary of firearms of any value is a felony in Arizona; depending on the value and other aggravated circumstances, convictions can result in lifetime prison sentences..Like something out of the Hollywood movies like “Ocean’s 13” or “Gone in 60 Seconds”, recently three thieves stole 13 military style rifles from C-3 Arms, a gun shop in…

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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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