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Arizona Criminal Defense Attorney Blog

DUI Charges: 5 Reasons Why You Need Legal Representation
The Law Office of James Novak Team

The Laws in Arizona for DUI are strict, harsh, and frequently changing. If you are unrepresented, you are held to the same standard as an experienced criminal defense attorney. This means you will be held responsible for meeting time lines, filing appropriate motions, challenging your charges with the authority of proper legal citation; representing yourself…

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Aggravated DUI – DWI: Factors that raise a Misdemeanor DUI to a Felony
The Law Office of James Novak Team

“Aggravated DUI” charges are Felony DUI offenses. Misdemeanor DUI charges are elevated to Felonies when specified ‘aggravating” factors under law surround it. One of the most reasons a Misdemeanor DUI is charged as felony is due to repeat DUI offenses. A third DUI charge, with two existing DUI convictions in 84 months or 7 years,…

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TruNarc Laser Drug Detector: Pros and cons of new device that detects illegal drugs and narcotics
The Law Office of James Novak Team

TruNarc: Police Drug Detection Police Departments around the Country have begun using TruNarc, a mobile device used for drug testing. The device can rapidly detect single or multiple compounds and drugs, including those more difficult to detect such as “bath salts”, within seconds. For the last 50 years police have used lab kits to test…

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Simulated Explosives: Prohibited Weapons Laws
The Law Office of James Novak Team

A Simulated Explosive Device (SED) is a “Prohibited Weapons” under Arizona Law ARS § 13-3101. Misconduct with a Prohibited Weapon such as SED is a Class 5 felony. Knowing and intentional assault to a person resulting from an SED is a Class 4 felony. All felony offenses in Arizona are serious, and carry prison time.…

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Truth-in Sentencing Laws: How they impact actual time served by inmates
The Law Office of James Novak Team

Truth-in Sentencing Laws Arizona Truth-in-Sentencing Laws were passed in 1993 pursuant to Senate Bill 1049, by the Arizona State Legislature. The laws revised Arizona Criminal Code the Truth-in-Sentencing Statutes under ARS § 13 – 101.7. The revised laws effected offenders who committed crimes after January 1, 1994. One of the provisions required a mandated 6…

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United States v. Grant, III: 9th Circuit Court of Appeals Reverses Conviction.
The Law Office of James Novak Team

*No Probable Cause to Search Prohibited Possessor’s Home for Weapon* On June 11, 2012, the 9th Circuit Court of Appeals reversed and remanded a conviction involving a firearm found at the home of a prohibited processor (felon). In order for the search to be constitutional under the Fourth Amendment “probable cause” for the search warrant…

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Arizona tops the nation minor consumption of alcohol and Binge Drinking
The Law Office of James Novak Team

On June 8, 2012, the US Department of Human Services Centers for Disease Control and Prevention (CDC) survey results. According to Youth Risk Behavior Surveillance Summaries 2011 report, Arizona topped the nation at #1 with 26.5% for high school students who engaged and alcohol “binge drinking”. Arizona dropped to the number #2 spot for with…

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Gun Laws: Who are Prohibited Possessors?
The Law Office of James Novak Team

Prohibited Possession or Use of Firearm Laws Phoenix Arizona Under Arizona Law A.R.S. § 13-3102 a person may be guilty of misconduct with weapons if they knowingly: 1. Possess a “deadly weapon” or “prohibited weapon” and is a “prohibited possessor” as defined under A.R.S. § 13-3101; and/or2. Transfers or sells a “deadly weapon” to a…

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Assault: Convictions require “intent” and “knowledge” or “recklessness”.
The Law Office of James Novak Team

Misdemeanor Assault Phoenix AZ Assault charges may be brought as Misdemeanor or Felony charges. Both are serious offenses in Arizona if convicted. If you were arrested, you have the right to defend your charges. This is the most effective, if you retain an attorney to protect your rights, and provide a defense on your behalf.…

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DUI – DWI Task Forces: Early Start-up and Strong Presence Phoenix and East Valley Cities
The Law Office of James Novak Team

Police announced that DUI Task Forces were set up on Wednesday May 23, 2012 and will run through Monday May 28, 2012 during the Memorial Day weekend. They are targeting Phoenix and East Valley Cities in Maricopa County have already made arrests for drivers impaired due to alcohol or drugs. A spokesperson for the Governor’s Office of Highway…

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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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