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Arizona Criminal Defense Attorney Blog

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

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
The Law Office of James Novak Team

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
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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Arizona Criminal Defense Attorney Blog

Defending Against Arizona Theft Charges If you have been charged with theft, the best defenses usually come from attacking intent, identity, ownership, or value, not from trying to...

Aggravated Domestic Violence Charges in Arizona and the 84-Month Lookback Rule A domestic violence charge in Arizona can escalate quickly when the State alleges prior domestic violence convictions. Many people expect a new...

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...

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