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Arizona Criminal Defense Attorney Blog

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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Does Marijuana Odor Constitute Probable Cause in Arizona? Yes…and No.
The Law Office of James Novak Team

Why Two Appeals Court Rulings Contrasted: Justices Review Effects of AMMA on Marijuana Odor on Probable Cause. In late July, two different Appeals Courts in Arizona released contrasting opinions involving appeals to dismiss the Marijuana evidence due to lack of probable cause for the search. In both cases the defendants argued the because of the…

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Arizona Criminal Defense Attorney Blog

Prop 207 Doesn’t Cover Giving Marijuana to a Minor Last updated July 30, 2026 · Reviewed by James Novak Arizona’s Court of Appeals has confirmed that Proposition 207’s lighter penalties...

Arizona Fentanyl Trafficking Penalties After HB 2132’s Lower Threshold Arizona fentanyl trafficking penalties reach more people in 2026 than they did a year ago. In April 2026, the state signed House Bill 2132 into law...

Can Police Stop You for Driving in the Middle Lane in Arizona? 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...

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