Articles Posted in Drugs

Arizona Defendant Unsuccessfully Argues Prosecution Improperly Used Accomplice’s Statements During Trial
James Novak

In a recent case before the Arizona Court of Appeals, Division One, the defendant asked the court to reconsider his conviction and sentence for transportation of a dangerous drug for sale. The defendant was originally subject to a traffic stop while he was in the passenger seat of a vehicle. The car’s driver had a…

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Arizona Supreme Court Rules on Expungement Issue, Deciding State Can Appeal Trial Court’s Decision on Marijuana Conviction
James Novak

In a January 2024 opinion issued by the Arizona Supreme Court, the question of whether the State can appeal a trial court’s decision to expunge a defendant’s record was at issue. The court had to decide whether the State was legally able to challenge a lower court’s order granting a defendant’s request for expungement and…

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Arizona Defendant Attempts Appeal in Drug Case, Arguing Evidence Insufficient to Show that Drugs Belonged to Him
James Novak

In a recent case before an appeals court in Arizona, the defendant asked that the court decide that the evidence was insufficient to support his conviction for drug possession. The court disagreed with the defendant, affirming his guilty verdict. The court’s opinion highlights the fact that, even if you are not driving a car that…

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State of Arizona Appeals Lower Court’s Suppression Order in Case that Highlights Issues with Officer’s Prolonged Traffic Stop
James Novak

In a recent case before an Arizona court of appeals, the State challenged the lower court’s decision to suppress evidence of drugs that an officer found in a defendant’s vehicle. An officer originally pulled the defendant over for a traffic violation, and after a prolonged stop, the officer found drugs in the defendant’s vehicle. When…

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Defendant in Drug Case Argues that Warrant Contained Material Representations Before Arizona Court of Appeals
James Novak

In a recent court of appeals case in Arizona, the court affirmed the defendant’s conviction and sentence related to possession of dangerous drugs for sale. When the defendant was originally charged, he filed a motion to suppress incriminating evidence on the grounds that the detective’s search warrant that led to his arrest was legally insufficient.…

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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 Loses Appeal in Drug Case
James Novak

In a recent case before an Arizona court of appeals last month, the defendant asked that the court reconsider an unfavorable verdict from the trial court. Originally, the defendant was convicted of selling or transporting dangerous drugs. On appeal, she argued that the lower court unfairly denied her motion to suppress; because the officers that…

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Defenses to Arizona Prescription Drug DUI Charges
James Novak

Many state and national campaigns attempt to combat driving under the influence; however, they primarily focus on alcohol and illicit drug use. As such, many people are unaware that Arizona law permits prosecuting individuals for driving under the influence (DUI) involving legal prescription medications. The cases generally focus on the person’s impairment rather than the…

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Recent Entries

When Can an Officer Reasonably Prolong a Traffic Stop in Arizona? In Arizona, an officer that sees an individual commit a traffic violation can reasonably initiate a traffic stop. The traffic stop must only last the...

What Are the Differences Between DUI, Extreme DUI, and Aggravated DUI in Arizona? In Arizona, as in every state, there are consequences for driving under the influence (DUI). What many people don’t know, however, is that there are...

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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