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Arizona Criminal Defense Attorney Blog

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

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”.
Law Office of James Novak

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
Law Office of James Novak

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.
Law Office of James Novak

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
Law Office of James Novak

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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DUI Charges: The effects of the Supreme Court’s decision in “Arizona v. Zaragoza” made it easier for persons to be found guilty of DUI even if they were not driving.
Law Office of James Novak

“Actual Physical Control of a Vehicle” Tempe AZ In Arizona, under A.R.S. § 28-1381 and A.R.S. § 28-1382 a person a person may be charged with a DUI if they are impaired due to alcohol or drugs, and in “Actual Physical Control of a Vehicle (APC)”. A Supreme Court decision Arizona v. Zaragoza actually made…

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Drug Possession Sentencing: The higher the quantity of an illegal drug found in a person’s possession, the harsher the penalties.
Law Office of James Novak

Drug Possession Laws in Phoenix AZ In Arizona, a person may be charged with possession of an illegal drug if they are knowingly in possession of Marijuana, an illegal drug, or a dangerous drug, defined under A.R.S. 34 13-3401. The higher the quantity of a drug a person is found to have in their possession,…

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Aggravated Assault (Felony) Laws: Dog Bites and Vicious Animals attacks may result in Felony Assault charges for the owner
Law Office of James Novak

Under Phoenix AZ Assault Laws, an owner of a dog that or bites or attacks another person may be held responsible with criminal liability, and face serious felony assault charges. Charges of this nature will expose a person to prison terms and other harsh penalties. If you face any type of assault charges, you should…

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What is an Arraignment?
Law Office of James Novak

An Arraignment is a hearing where you will provide your Initial Plea for DUI or Criminal Charges. There are three ways to plea: “Not Guilty”, “Guilty” or “No Contest.” To invoke your right to defend your charges and retain an attorney you should plead “Not Guilty”. Events that take place at Arraignment At the Arraignment…

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Methamphetamine (Meth) Charges: Dangerous Drug Classifications, Laws and Sentencing Guidelines
Law Office of James Novak

Methamphetamine “Meth” Charges in Phoenix AZ Under Arizona Law A.R.S. 13-3401.6 the drug Methamphetamine or “Meth” is classified as a “Dangerous Drug”. A person may be guilty of a Dangerous Drug crime if they knowingly possessed any amount of Methamphetamine or “Meth” as defined under A.R.S. § 13-3407. Arizona Dangerous Drug Offense Law and Classifications…

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Arizona Criminal Defense Attorney Blog

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...

New Affirmative Defense for DUI Marijuana or Impairing Metabolite in Arizona On November 20, 2015, the Supreme Court of Arizona decided Dobson v. McClennen (P.3d, 2015 WL 7353847, Arizona Supreme Court 2015)...

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