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Arizona Criminal Defense Attorney Blog

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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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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Arizona Criminal Defense Attorney Blog

Prop 207 Doesn’t Cover Giving Marijuana to a Minor Last updated July 30, 2026 · Reviewed by James Novak Arizona’s Court of Appeals has confirmed that Proposition 207’s lighter penalties...

Arizona Fentanyl Trafficking Penalties After HB 2132’s Lower Threshold Arizona fentanyl trafficking penalties reach more people in 2026 than they did a year ago. In April 2026, the state signed House Bill 2132 into law...

Can Police Stop You for Driving in the Middle Lane in Arizona? Yes — under a November 28, 2025 ruling from the Arizona Supreme Court, an officer can lawfully stop you for staying in the middle lane on a Maricopa...

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