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Arizona Criminal Defense Attorney Blog

Arizona Court Decides Defendant Need Not Own a Car to Comply with Ignition Interlock Statute
Law Office of James Novak

Recently, an Arizona court of appeals had to decide the implications of a statute that allows defendants convicted of extreme driving under the influence to be released from jail early if they install an interlock device on their car. Specifically, the statue says that defendants guilty of extreme DUI can have 31 days cut off…

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Arizona Court Denies Defendant’s Appeal in Case Involving Altercation with Police Officer
Law Office of James Novak

In a recent case coming out of an Arizona court, the defendant appealed his conviction for aggravated assault on a police officer. On appeal, the defendant argued that the judge in the lower court should have informed the jury that they could have reasonably found he was acting in self-defense against the police officers. Considering…

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Arizona Court of Appeals Sides with State in Dog Sniff Case
Law Office of James Novak

In a recent case before the Arizona Court of Appeals, the defendant unsuccessfully argued that a police officer’s canine search of her vehicle was unwarranted. Originally, the defendant was charged, convicted, and sentenced for possession of a narcotic drug for sale. On appeal, she argued that the evidence of the drugs should have been suppressed…

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Arizona Court Denies Defendant’s Appeal in Arizona Murder Case, Affirming His Conviction and Sentence
Law Office of James Novak

In a recent Arizona murder case, the defendant unsuccessfully appealed his conviction and sentencing for second-degree murder. In the appeal, the defendant argued on many counts, challenging the lower court decision through the Arizona separation-of-powers doctrine, disputing evidence introduced at trial, filing motions to suppress evidence, disputing jury instructions, and arguing that his sentencing was…

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Arizona Defendant Loses Appeal in Case Involving Aggravated Assault Against Police Officer
Law Office of James Novak

Late last month, an Arizona Court of Appeals ruled on a defendant’s appeal of his conviction for aggravated assault against a police officer. In writing its decision, the court considered the defendant’s argument that his trial result should be overturned due to unfair testimony offered by a police officer on the stand. Ultimately, the court…

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Arizona Court Denies Defendant’s Appeal in Arizona Drug Case, Rejecting Defendant’s Argument That He Was Categorized Incorrectly
Law Office of James Novak

In a recent appellate opinion in an Arizona drug case, the defendant unsuccessfully appealed his conviction of one count of possession or use of dangerous drugs and one count of possession of drug paraphernalia with the aggravating circumstance that he was on release from confinement and had historical prior felony convictions. In the appeal, the…

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Arizona Defendant Unsuccessfully Argues Against Unfair Identification Method on Appeal
Law Office of James Novak

In a recent weapons case coming out of an Arizona court, the defendant argued on appeal that the pretrial identification used in his case was both suggestive and unreliable. According to the defendant, the identification should have been conducted in a more objective manner, and his convictions for misconduct involving weapons should be overturned on…

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Defendant in Arizona Drug Case Loses Appeal, Despite Argument That Evidence was Insufficiently Authenticated
Law Office of James Novak

In a recent case coming out of an Arizona court, the defendant appealed her convictions and sentences for several drug-related crimes. On appeal, the defendant specifically argued that the prosecution failed to provide a sufficient foundation for some of the evidence presented against her at trial. After considering this argument, the court of appeals affirmed…

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Arizona Court Denies Defendant’s Appeal of Denial of Motion for Mistrial
Law Office of James Novak

In a recent gun case coming out of an Arizona court, the defendant’s appeal of the court’s decision in his case was denied. The defendant was originally charged with aggravated assault and disorderly conduct, and he was found guilty of disorderly conduct after a jury considered the facts of his case. On appeal, the defendant…

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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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