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Arizona Criminal Defense Attorney Blog

Recent Arizona Court Opinion Highlights Reality that Multiple Offenses Means Harsher Sentences
Law Office of James Novak

In Arizona, if a defendant with prior convictions is found guilty of a crime, that defendant will face a harsher sentence than if he or she had no prior convictions. A recent case before the Arizona Court of Appeals, Division One, highlights this reality, which can be difficult for defendants trying to argue for lighter…

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“Motive” as a Reason to Admit Otherwise Inadmissible Evidence at Trial
Law Office of James Novak

When can an Arizona court admit evidence regarding a previous, seemingly unrelated offense during criminal proceedings? The answer is tricky, as there are multiple exceptions to the rule of evidence indicating that testimony about a prior bad act is inadmissible during trial. One such exception is when the evidence speaks to a party’s motive, opportunity,…

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Dealing with Prejudicial Evidence in an Arizona Criminal Trial
Law Office of James Novak

When evidence regarding a defendant is more prejudicial than it is relevant, it is the defense attorney’s job to fight to exclude the evidence in order to keep the jury from being unnecessarily biased. In a recent case before the Arizona Court of Appeals, Division Two, the defendant successfully appealed his conviction of second-degree murder…

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The “Good-Faith Exception” as Applied to a Motion to Suppress in Arizona
Law Office of James Novak

In a recent case before the Arizona Court of Appeals, Division One, the court had to decide whether a police officer’s honest mistake before a traffic stop meant the trial court should have suppressed evidence that he found during the stop. The case highlights the leniency that some courts will give to officers based on…

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Self-Defense Justification in Arizona Assault and Violent Crime Cases
Law Office of James Novak

In Arizona, a person is justified in using physical force if the force is immediately necessary for that person’s protection. This justification is called self-defense. In a recent case before the Arizona Court of Appeals, Division One, the court found that the defendant did not prove he acted in self-defense during a violent altercation. With…

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Appellate Court’s Opinion Reinforces Importance of Fourth Amendment Protections in Sexual Exploitation Case
Law Office of James Novak

In an April 2024 opinion regarding sexual exploitation of a minor, Division Two of the Arizona Court of Appeals sided with the defendant by ruling that the government should not have searched the defendant’s personal property without a warrant. The case revolved around the defendant’s spy camera, which he put in a bathroom to secretly…

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Arizona Court Interprets Eighth Amendment in Sexual Misconduct Case
Law Office of James Novak

Under the U.S. Constitution as well as the Arizona Constitution, the Eighth Amendment protects individuals from “cruel and unusual punishment.” Courts interpret this standard differently in different contexts. In a new case coming out of the Arizona Court of Appeals, Division Two, the court offered some guidance about interpreting the Eighth Amendment in relation to…

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How a Prosecution May Use Expert Testimony to Support Their Case
Law Office of James Novak

When defending against Arizona criminal prosecutions, understanding the nuances of expert testimony can be a game-changer in shaping the outcome of a case. The Arizona Court of Appeals recently released a ruling that helps to explain the requirements for a witness in a criminal case to testify as an expert. These standards and requirements may…

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Arizona Defendant Asks Appellate Court to Reconsider Lower Court’s Refusal to Provide DNA Evidence
Law Office of James Novak

Recently, an Arizona criminal defendant challenged a trial court’s decision to deny his request for DNA evidence. The defendant was originally charged with burglary, and after he pled not guilty, his case went to trial. A jury found the defendant guilty of two burglaries, and the trial court sentenced him to 12 years in prison…

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Arizona Court’s Opinion Highlights Deference Shown to Trial Courts in Sentencing Decisions
Law Office of James Novak

The Arizona Court of Appeals, Division One, recently addressed a defendant’s argument that at 21 years old, he was too young to understand the crimes he committed and therefore his resulting sentence was excessive. In the case before the court, the defendant had engaged in sexual conduct with a minor. After he was found guilty…

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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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