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Arizona Criminal Defense Attorney Blog

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

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
The Law Office of James Novak Team

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
The Law Office of James Novak Team

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
The Law Office of James Novak Team

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

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
The Law Office of James Novak Team

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
The Law Office of James Novak Team

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
The Law Office of James Novak Team

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
The Law Office of James Novak Team

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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10 Instances Where Breathalyzer Tests Can Be Inaccurate
The Law Office of James Novak Team

Quantifying the impact of alcohol upon a person has long been a goal of the scientific community, with studies dating back as early as 1874. In the contemporary legal setting, the breathalyzer test, also known as alcohol breath testing, is touted as a highly accurate and definitive tool for detecting Blood Alcohol Content (BAC). BAC…

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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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