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Arizona Criminal Defense Attorney Blog

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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DUI and Binge Drinking: The number one cause of alcohol poisoning and drunk driving.
The Law Office of James Novak Team

According to a 2012 report by Centers for Disease Control (CDC) Binge drinking was responsible for 80,000 annual deaths. CDC reported that 1 in 6 adults in the USA engaged in it. Other studies reported that 1 in 4 of those were Underage 21 drinkers. Binge drinking is also the number one cause of DUI…

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Clemency Laws and Proceedings in Arizona
The Law Office of James Novak Team

Clemency Defined Clemency is a mitigation of penalties; a pardon; a discharge from prison; reduction of felony prison sentencing; a reprieve or a temporary delay or suspension of sentencing. It may be granted for the Governor of Arizona or the President of the United States. The effect does not eliminate the conviction, or mean that…

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Arizona Criminal Defense Attorney Blog

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...

Arizona Appeals Court Ruling in McNulty Highlights Importance of Trial Record in Criminal Defense A recent decision from the Arizona Court of Appeals highlights how the outcome of an appeal often depends on what was preserved in the trial court...

Arizona Court Orders Resentencing After Trial Judge Misses Critical Record Review A recent Arizona Court of Appeals opinion demonstrates how a single procedural mistake during sentencing can result in a complete reversal. When a...

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