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Arizona Criminal Defense Attorney Blog

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

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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Prescription Drug DUI – Laws, and Defenses
Law Office of James Novak

Driving under the influence of a legal drug in Arizona is not solely a defense for DUI. Last year, the Arizona Department of Public Safety revealed that prescription drugs were increasingly being found in the blood and urine tests of individuals who have been pulled over or arrested in Arizona and suspected of DUI. Prescription…

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Meth Crimes: Why They’re Classified as “Dangerous Drugs” Offenses
Law Office of James Novak

All Meth crimes in Arizona are Charged as felonies; all felonies expose a person to prison. Law enforcement officers recently conducted the biggest methamphetamine bust in Maricopa County’s history. Sheriffs investigated for several months before locating 18 bricks of meth (51 pounds) worth almost $1 million. The twenty-six year old suspect who possessed the bricks…

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Tempe, AZ a City under Assault with Crime
Law Office of James Novak

Assault and related victim crimes carry the most severe penalties of all crimes in Arizona Violent crimes continue to plague Tempe AZ, especially on, and near Arizona State University (ASU). Tempe Police reported #911 and other calls for help had increased by 97 percent in 2012 over 2011, and arrests in criminal incidents continue to…

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Marijuana Cultivation – Manufacturing Laws and Penalties
Law Office of James Novak

Possession of 2-4 pounds indicator of commercial dealings. Convictions call for mandatory prison. Cultivation or manufacture of marijuana for non-medicinal purposes (or growing outside the strict guidelines provided in connection with medical marijuana cards) remains a felony in Arizona. Those arrested and prosecuted for felony marijuana manufacturing can face serious punishments at sentencing. There have…

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US Supreme Court Rules No Warrant Needed to Collect DNA if Arrested
Law Office of James Novak

Impact of Maryland v. King Ruling on Arizona: What it gives and what it takes. Privacy rights were outweighed by law enforcement interests in the United States Supreme Court’s June 3rd ruling in Maryland v. King. In this case, the Court was divided 5-4 over the question of DNA sample collection. All states and the…

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Arizona’s Medical Marijuana Law Stands Ground
Law Office of James Novak

But Medical Marijuana Card Holders Not without Risk Almost three years after passage, Medical marijuana remains controversial in Arizona. Medical Marijuana was legalized in 2010 through voter passage of the Arizona Medical Marijuana Act (AMMA). The purpose of the AMMA is to protect patients with debilitating medical conditions, so that they can obtain necessary relief.…

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“Remaining Silent” under the Fifth Amendment Should Not Infer Guilt
Law Office of James Novak

No “substantial penalties” can be imposed as a result of exercising their Fifth Amendment Rights Most people know they have a Fifth Amendment right not to be forced to incriminate oneself. This right encompasses not only the right not to speak about something that might lead you to actually admit to wrongdoing, but also the…

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New Technology Enables Police to Obtain Search Warrant within 10 Minutes
Law Office of James Novak

Why Missouri v. McNeely won’t have much impact in Maricopa CountyA recent U.S. Supreme Court decision may not change Arizona DUI law, but it may bring the rest of the nation more in line with Arizona’s policies. Phoenix AZ court’s Search Warrant Center is available 24 hours a day, 7 days a week for police…

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Statewide Arizona DUI Enforcement Increased over Memorial Day Weekend
Law Office of James Novak

DUI one of four main causes of fatal and serious auto accidents on Arizona roadways. Enforcement of Arizona’s tough DUI laws tend to ramp up in May, especially over Memorial Day weekend and around graduation festivities. Last year, police arrested 3,129 people for DUIs between May 1 and May 31st, 556 of those arrests were…

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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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