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Arizona Criminal Defense Attorney Blog

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

“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
The Law Office of James Novak Team

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
The Law Office of James Novak Team

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
The Law Office of James Novak Team

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.
The Law Office of James Novak Team

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
The Law Office of James Novak Team

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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Aggravated Assault: The High Cost of Harming a Police Officer
The Law Office of James Novak Team

Aggravated assault charges are assault charges that involved “aggravated factors” which elevated a Misdemeanor to a Felony. One aggravating factor that will raise a misdemeanor to a felony assault is if the offense was against a police officer. These types of charges carry long term prison sentencing and exorbitant fines. Conviction for this offense is…

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County Attorneys want halt on Arizona Medical Marijuana Law Implementation
The Law Office of James Novak Team

On July 29, 2012 Arizona’s Governor Jan Brewer denied the request to halt implementation of the Medical Marijuana Law voted in by Arizonans in November 2010. Governor Brewer stated in a letter to the Yavapai County Attorney, that she is “duty-bound” from such halt because “the voters approved it”. Approximately 29,500 people have received their…

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DUI Field Sobriety Tests (FST): Consequences of a Refusal
The Law Office of James Novak Team

DUI Field Sobriety Tests Field Sobriety Tests are a battery of preliminary roadside test that police administer to detect DUI drivers. National Highway Traffic Safety Administration (NHTSA) developed to these roadside tests to be used in early detection of DUI impaired, and DWI drivers. Police officers are formally trained and accredited to administer the tests.…

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DUI evidence: Why Police Did Blood Test v. Breath Test
The Law Office of James Novak Team

DUI Arrest Based on Blood Test Results Mesa AZ The police have discretion of whether or not to conduct a blood test or a breath test following a DUI stop in Arizona. Here are 5 reasons why an officer may decide to conduct a blood test over a breath test: Breath Test Refusal In Arizona,…

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Arizona Criminal Defense Attorney Blog

What to Expect After an Arrest for a First-Time DUI in Arizona Arizona treats DUI more seriously than many states. A basic DUI applies when your blood alcohol concentration is 0.08 or higher, or when drugs or...

Arizona Aggressive Driving Charges And The Criminal Penalties Drivers Often Do Not Expect Aggressive driving charges in Arizona have increased across the state, and many drivers do not realize how quickly this type of allegation turns into...

Arizona Supreme Court Expands Bedroom Self-Defense Rights In Shared Homes You can assert self-defense from inside a locked bedroom, even when the person trying to come through the door entered the home as a guest of a...

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