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Arizona Criminal Defense Attorney Blog

Arizona Defendant Unsuccessfully Appeals Unfavorable Decision on Motion to Suppress
Law Office of James Novak

Recently, a defendant in a case involving narcotic drugs asked the Arizona Court of Appeals to reverse an unfavorable decision delivered by the superior court. Originally charged with possession of narcotic drugs and misconduct involving weapons, the defendant asked the lower court to suppress incriminating evidence that the government planned to use against him during…

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Defendant in Credit Card Forgery Case Appeals Lower Court’s Decision
Law Office of James Novak

In a recent case before a court of appeals in Arizona, the defendant asked for a reversal of his guilty verdict based on unfair conduct from the prosecutor at trial. Originally, the defendant was found guilty of several crimes, including identity theft, forgery, and criminal possession of a forgery device. On appeal, the defendant took…

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Arizona Defendant in Robbery Case Challenges Guilty Conviction with DNA Evidence
Law Office of James Novak

In a recent case before an appeals court in Arizona, the defendant asked for a reconsideration of his guilty conviction for armed robbery and aggravated assault. Originally, the defendant was convicted after he and an accomplice robbed a local jewelry store. His case went to trial, and a jury found him guilty. When the defendant…

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Arizona Court of Appeals Finds Young Defendant’s Confession Was Not Improperly Admitted at Trial
Law Office of James Novak

In a recent case before an Arizona court of appeals, the defendant in a murder and robbery case asked the court to find that his confession was made involuntarily. The defendant was charged when he was 16 years old, and he argued on appeal that when he confessed to the crime, he did not have…

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Arizona Defendant Unsuccessfully Argues for Reversal in Drug Case Before Court of Appeals
Law Office of James Novak

Earlier this month, an Arizona court considered an appeal from a defendant convicted of transportation of dangerous drugs for sale. In 2018, the defendant was charged after a police officer found methamphetamine and heroin in the trunk of his car. The case went to trial, the defendant was found guilty, and this appeal followed. Looking…

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Arizona Defendant in Child Sexual Abuse Case Appeals Guilty Conviction
Law Office of James Novak

In a recent case before the Arizona Court of Appeals involving sexual assault, the defendant argued that his guilty conviction should be reversed. Originally, the defendant was charged continuous sexual abuse, child molestation, and sexual conduct with a minor. After considering the defendant’s appeal, the higher court ended up affirming the original guilty verdict. Facts…

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Defendant in Drug and Sex Abuse Case Asks for New Trial Based on Prosecutorial Misconduct
Law Office of James Novak

In a recent case before the Arizona Court of Appeals, the court had to decide whether to grant a new trial in a defendant’s drug and sexual conduct case. Originally, the defendant was charged with and convicted of several drug offenses as well as sexual conduct with a minor. He appealed, arguing the prosecuting attorney…

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Aggravated Assault Conviction Affirmed Despite Victim’s Attempted Recantation of Complaint
Law Office of James Novak

A common theme in Arizona domestic violence prosecutions involves the changing stories and testimonies of alleged domestic violence victims as a case progresses toward prosecution and conviction. Often, complaining victims may exaggerate or fabricate evidence of domestic violence in response to a domestic altercation, or to offset allegations of violence against themselves when law enforcement…

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Arizona Court of Appeals Corrects Lower Court’s Mistake in Drug Case
Law Office of James Novak

Recently, an Arizona defendant in a drug case appealed his guilty conviction to a higher court. On appeal, the court reviewed the record of the case and discovered that the trial court had mistakenly sentenced the defendant as if he had been found guilty of two crimes instead of one. Given this error, the court…

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Criminal Defendant Loses Appeal Over Inappropriate Courtroom Behavior
Law Office of James Novak

Recently, an Arizona defendant originally charged with sexual assault appealed his guilty convictions and sentences in two related cases. On appeal, the Arizona Court of Appeals denied the defendant’s request and affirmed the superior court’s verdicts from 2018 and 2021. At issue on appeal was the defendant’s behavior during his two trials, and the higher…

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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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