Articles Posted in Marijuana

Arizona Defendant Wins Marijuana-Related Case on Appeal, Arguing for Conviction to be Removed from Record
James Novak

Last month, an Arizona court of appeals reversed a lower court’s decision not to expunge a marijuana conviction from a defendant’s record. The defendant had asked for the conviction to be stricken from his record, but the trial court originally denied the defendant’s request. Looking more closely at the case, however, the court of appeals…

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Arizona Defendant Successfully Argues for Vacated Plea Deal in Light of 2020 Marijuana Legalization
James Novak

In a recent case before an Arizona court of appeals, the defendant asked for his 2017 plea deal to be vacated and reconsidered. Five years ago, the defendant pled guilty to several crimes and was sentenced with a marijuana conviction on his record. Given the 2020 legalization of recreational marijuana in Arizona, the defendant argued…

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Arizona Defendant Successfully Appeals Manslaughter Conviction
James Novak

In a recent case coming out of an Arizona court, the defendant successfully appealed his convictions following a car accident at least partially caused by his speeding. The defendant was originally charged with and convicted of manslaughter, aggravated assault, and criminal damage. Because of his appeal and the facts surrounding the accident, the higher court…

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Changes in DUI Laws Important to Consider as Proposition 207 Shifts the Legal Landscape in Arizona
James Novak

In the past few years, general perspectives and laws around marijuana have shifted in Arizona. In 2010, medical marijuana was legalized. In 2020, Arizonans passed Proposition 207, which legalized the use and possession of small amounts of marijuana. Because of these changes, marijuana DUI laws in the State are enforced and prosecuted differently than they…

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Implications of Legalization of Recreational Marijuana on Arizona DUIs
James Novak

In January, several Arizona dispensaries began selling marijuana to legal adults who do not have a medical marijuana card. The move came after voters approved Arizona marijuana sales. Motorists must understand that despite the legalization of recreational marijuana, they may still be arrested and charged with an Arizona DUI. Notwithstanding the presumed increase of Arizonans…

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How the Legalization of Marijuana May Affect the Enforcement of Arizona DUI Laws
James Novak

Over the past decade, there has been a shift in society’s attitude towards marijuana. As a result, many states have legalized medical marijuana, decriminalized possession of a small amount of marijuana, and even legalized recreational use of marijuana. According to a recent news report, a 2020 ballot initiative in Arizona seeks to legalize recreational use…

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Marijuana Field Sobriety Tests Are Not Reliable
James Novak

There is currently a nationwide discussion about the legality of marijuana. While the federal government continues to debate whether or not marijuana is legal, the state of Arizona has very strict laws regarding purchase, possession, and use of the substance. Only people with medical marijuana card can obtain small amounts of marijuana from approved dispensaries.…

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Arizona Defendant Unsuccessfully Argues Prosecution Improperly Used Accomplice’s Statements During Trial In a recent case before the Arizona Court of Appeals, Division One, the defendant asked the court to reconsider his conviction and sentence for...

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About James E. Novak

James E. Novak participates in several legal organizations including The Arizona Attorneys For Criminal Justice, The Association of Trial Lawyers of America, and others.

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