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Arizona Criminal Defense Attorney Blog

DUI Blood Test Laws: DUI chemical tests taken without consent not admissible in Court
Law Office of James Novak

In Carillo v. Houser Maricopa County, the Arizona Supreme Court held that the Implied Consent Law, A.R.S. § 28-1321 did not authorize police to conduct DUI blood testing without a warrant. The exception is if the suspect expressly gives their consent for officers to administer the chemical test. It is not enough for a suspect…

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Theft: Purchasing known stolen items, may result in criminal liability.
Law Office of James Novak

In Arizona laws are in place that will result in criminal charges imposed on a person or business who knowing buys or sells stolen property that they know or should have known were stolen. Laws were enacted as recently as January and March of 2012 that impose strict guidelines on businesses, particularly copper and metal…

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Super Extreme Felony DUI Charges: Difference between a Misdemeanor and Felony DUI including meaning, laws, and penalties
Law Office of James Novak

The Meaning The phrase “Super Extreme” relative to “DUI” refers to the level or amount of Alcohol Blood Alcohol Content (BAC) found in a person’s system. “Felony” refers to the Classification of criminal charges as in the difference between Misdemeanor and Felony crimes. Differences between Misdemeanor and Felony DUI charges First we will discuss the…

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New Metal Theft Laws: Arizona calls for more severe penalties, and strict reporting for scrap metal buyers and sellers
Law Office of James Novak

Metal Theft Charges Copper is an example of a high demand Non-Ferrous metal, with comprehensive uses, and is more resistant to rust and corrosion, than many other types of metals. As a result, thefts of copper and copper cable have become such a widespread problem in Arizona that many law enforcement agencies are offering rewards…

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Labor Day DUI Task Forces: Warnings and Safety Tips for Motorists
Law Office of James Novak

“Don’t be drinking and driving ’cause we’ll catch you”, DPS warns. Arizona Department of Public Safety (DPS) is geared up for its’ statewide DUI task forces. They will be in place for their annual Labor Day crackdown, Friday August 31, 2012 through Tuesday September 4, 2012.They will be looking for drunk drivers; impaired motorist under…

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National Impaired Driving Enforcement Crackdown in Effect
Law Office of James Novak

Did you know that the National Impaired Driving Enforcement Campaign is in effect August 17, 2012 to September 3, 2012? You have probably seen the Television commercials airing the messages: “Drive Sober or get Pulled Over;” Don’t drink and drive; and “They’ll see you before you see them”. The efforts involve increased police presence, DUI…

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Police Brutality: Your Rights and Use of Excessive Force by Police
Law Office of James Novak

Arizona police are allowed to use some force if necessary. But only to the degree that is necessary to prevent a suspect from fleeing; or to avoid harm, or injury to others. Police are not allowed to use excessive physical or lethal force. The justifiable amount of force that can be used is dictated by…

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Tempe DUI Task Force Labor Day: Alcohol, Drug, and DUI Basics
Law Office of James Novak

With Labor Day 2012 fast approaching and ASU back in session, police are increasing presence in and around East Valley Cities. DUI Task Forces will be set up again this weekend on Mill Ave, in Tempe AZ. Police will also be organizing Traffic, Pedestrian, and Bike Safety checks. The DUI Task Force officers will be…

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Arizona Robbery Laws: A person may be convicted for robbery even if nothing was stolen and no one was harmed.
Law Office of James Novak

Types of Robbery Charges There are three classifications of robbery in Arizona: 1) Robbery; 2) Armed Robbery which involves a weapon; 3) Aggravated Robbery which involves an accomplice Even if a robbery offense does not involve a weapon or an accomplice it is serious felony charge. Maricopa County prosecutors pursue them egregiously because they are…

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5th Amendment: Right to Remain Silent
Law Office of James Novak

45 years after Miranda v. Arizona – Its impact on the US Criminal Justice System Over the last 45 years, legal controversies and challenges have continued to plague the “Miranda Rights”. Yet still it is recognized by all states in country. Following an arrest, the police must inform or warn a person of their “right…

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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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