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Arizona Criminal Defense Attorney Blog

Arizona Defendant Successfully Appeals Assault and Homicide Convictions, Advocating for Self-Defense Instruction from Trial Court Judge
Law Office of James Novak

In a recent case before the Arizona Court of Appeals, Division One, the defendant argued that the trial court erred when it failed to instruct jury members on the possibility that she was acting in self-defense. The defendant was convicted of the following offenses: leaving the scene of a fatal accident, theft of means of…

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Defendant Successfully Asks for Reconsideration of Sentence in Arizona Violent Crimes Case
Law Office of James Novak

At the beginning of February 2024, the Arizona Court of Appeals, Division One, issued an order vacating in part a defendant’s sentences that resulted from the murder of his wife. The defendant originally faced charges for second-degree murder, abandonment of a dead body, and tampering with physical evidence. He appealed his convictions and sentences, partially…

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Arizona Court Denies Defendant’s Appeal in Drug Case, Concluding Chain of Custody Followed Proper Protocol
Law Office of James Novak

In a January 2024 case before an Arizona court of appeals, the defendant requested that his conviction be overturned because of potential issues with the chain of custody leading up to his trial. In criminal court, the “chain of custody” is the process through which evidence moves from collection to analysis to presentation before the…

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The Uphill Battle of Criminal Appeals in Arizona
Law Office of James Novak

Facing criminal charges can be an arduous journey, and the prospect of a successful appeal post-conviction can be even more challenging. In a recent Arizona case, the defendant appealed his convictions for aggravated assault and related charges. This blog post explores the difficulties encountered in pursuing a criminal appeal after a conviction. According to the…

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Addressing Hearsay and Fifth Amendment Issues in Sensitive Criminal Cases
Law Office of James Novak

Facing criminal charges is a daunting experience, and the legal complexities that accompany such cases can be overwhelming. In this blog post, we delve into a recent Arizona judicial opinion involving a child pornography case, shedding light on the difficulties presented by hearsay and the challenges of calling witnesses who invoke the Fifth Amendment. The…

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Challenging Search Warrants in Arizona Criminal Cases
Law Office of James Novak

Facing criminal charges can be a daunting experience, especially when evidence is obtained through search warrants. There are several difficulties associated with challenging search warrants in Arizona criminal cases. A recently decided appellate case sheds light on the complexities involved in suppressing evidence obtained through GPS tracking devices, and helps demonstrate the importance of a…

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Arizona Court of Appeals Sides with State in Sexual Exploitation Case
Law Office of James Novak

In a recent matter before a court of appeals in Arizona, the State asked the court to reconsider a lower court’s dismissal of a case involving possible sexual exploitation. The trial court had originally dismissed the case for several reasons, one of which was that the significant delays caused the defendant emotional and financial harm.…

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Arizona Defendant Unsuccessfully Appeals Sexual Assault Conviction Based on 1991 Incident
Law Office of James Novak

In a November 2023 case before an Arizona court of appeals, the defendant appealed convictions of burglary, kidnapping, attempted sexual assault, and sexual assault. The alleged incident occurred in 1991, and the defendant argued on appeal that the State’s late introduction of evidence during trial had adverse effects on the case’s outcome. According to the…

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Arizona Court Denies Defendant’s Appeal in Sexual Exploitation Case, Despite Investigators’ Mistake in Search Warrant
Law Office of James Novak

In a recent Arizona criminal case arising out of attempted sexual exploitation of a minor, the defendant asked the higher court to reconsider the lower court’s denial of his motion to suppress. The defendant was charged after investigators found out he was involved in an attempted meet up with a teenage girl. The defendant filed…

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Arizona Defendant in Sexual Assault Case Loses on Appeal, Despite Argument that Religious Testimony was Unwarranted During Trial
Law Office of James Novak

In a September 2023 case before an Arizona court of appeals, the defendant argued that the lower court made a mistake by allowing the victim to discuss her religious beliefs on the stand. Originally, the defendant was charged with and convicted of sexual assault, kidnapping, sexual abuse, and assault. After a jury found him guilty,…

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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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