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Arizona Criminal Defense Attorney Blog

Arizona Defendant Loses Appeal in Aggravated Assault Case
Law Office of James Novak

In a recent aggravated assault case coming out of an Arizona court, the defendant appealed his guilty verdict. On appeal, the defendant argued that the trial court failed to properly instruct the jury that decided his case. The higher court agreed that the trial court should have given more instruction to the jury, but ultimately…

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Arizona Court Denies Defendant’s Appeal in Unlawful Flight Case
Law Office of James Novak

In a recent case coming out of an Arizona court, the defendant unsuccessfully appealed his guilty conviction for one count of unlawful flight from a police officer. Originally, a police officer attempted to pull the defendant over for failing to stop at a stop sign. When the defendant’s car took off, the officer lost sight…

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Arizona Defendant Unsuccessfully Appeals Child Pornography Convictions
Law Office of James Novak

In a recent child pornography case coming out of an Arizona court, the defendant unsuccessfully appealed his convictions for sexual exploitation of a minor. On appeal, the defendant argued that the court admitted additional images of child pornography for which he was not charged and that these additional images unfairly biased the jury deciding his…

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Arizona Court Denies Defendant’s Appeal in Disorderly Conduct Case
Law Office of James Novak

In a recent case coming out of an Arizona court, the defendant unsuccessfully appealed his conviction for disorderly conduct. Originally, the defendant was charged after he pulled out a knife in the presence of police officers. Once he was found guilty, the defendant appealed, but the court determined that his arguments on appeal fell short.…

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Drug Conviction Affirmed Because Defendant Lacked Standing to Challenge Search
Law Office of James Novak

Under the Fourth and Fourteenth Amendments to the United States Constitution, law enforcement officers are not permitted to perform a search of someone’s property without a warrant, reasonable suspicion, or probable cause that the search would reveal evidence of illegal activity. When a police officer performs a search without a warrant or probable cause, any…

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Arizona Court Denies Defendant’s Motion to Suppress in Drug Case
Law Office of James Novak

In a recent opinion from an Arizona court, the defendant’s motion to suppress evidence of drug possession was denied. Originally, the defendant was charged and convicted of transportation of dangerous drugs for sale when a police officer found 40 individually packaged bundles of methamphetamine in the defendant’s truck. On appeal, the defendant argued that the…

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Court Affirms Defendant’s Arizona Drug Conviction Stemming from Hotel Room Drug Deal
Law Office of James Novak

Earlier this month, a state appellate court issued a written opinion in an Arizona drug case affirming the defendant’s conviction for selling methamphetamine. The case illustrates the lengths that law enforcement will go to when investigating drug crimes. The Facts of the Case According to the court’s opinion, the Prescott Police Department was conducting a…

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Arizona Court Denies Defendant’s Appeal, Concluding that Police Officer’s Identification Process was Accurate
Law Office of James Novak

In a recent opinion from an Arizona court, the defendant’s appeal of his conviction for fleeing from law enforcement was denied. Originally, the defendant was convicted and sentenced after he allegedly ran on foot from a police officer that was pursuing him. On appeal, he argued that the officer’s process for identifying him as the…

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Arizona Court Denies Defendant’s Request to Compel Victim to Interview in Sexual Assault Case
Law Office of James Novak

In a recent Arizona opinion involving sexual assault, the court denied the defendant’s request to make his daughter answer questions in an interview regarding her experience as a victim of the defendant’s actions. Even though Arizona law protects sexual assault victims from having to do interviews against their will, the defendant argued that since the…

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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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