Phoenix DUI Law Blog

Arizona Defendant Appeals Rape Conviction on Grounds that Confession was Involuntary
James Novak

Recently, an Arizona court of appeals had to decide whether to grant a defendant’s request to overturn his convictions and sentences for sexual assault, kidnapping, and sexual abuse. Originally, the defendant was charged after he dragged a coworker to a warehouse and raped her; his case went to trial, and he was found guilty. On…

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Arizona Court Agrees with Defendant in Aggravated Assault Case, Protecting the Right to Remain Silent During Interrogation
James Novak

An Arizona appellate court’s July 2023 decision in an assault case highlights the importance of safeguarding the defendant’s right to remain silent during interrogation. In this case, the defendant was convicted of aggravated assault and endangerment. A police officer interrogated the defendant, and he declined to answer several of her questions. Later, after a jury…

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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 Court Sides with Defendant on Double Jeopardy Issue, Lessening His Sentence as a Result
James Novak

Recently, a case before an Arizona court of appeals looked at the question of whether shoplifting and theft should be classified as two separate convictions or as the same conviction. In the June 2023 case, the defendant was originally arrested and charged after he stole water bottles from a grocery store, and he was convicted…

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Arizona Defendant Loses Appeal in Case Involving Substantial Delays
James Novak

In a recent case before an Arizona court of appeals, the defendant argued that his motion to dismiss should have been granted by the lower court. Apparently, the court had originally scheduled the defendant to come in for a hearing regarding alleged violations of the terms of his probation. Because of significant delays, however, the…

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Arizona Defendant in Negligent Homicide Case Appeals Based on Error in Jury Instructions
James Novak

In a recent negligent homicide case in Arizona, the defendant appealed the guilty verdict he received after a jury found him responsible for the death of a second driver while he was on the road. The criminal charges stemmed from an indecent in which the defendant’s car crashed into a second car, tragically killing the…

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Defendant in Stalking Case Unsuccessfully Appeals Conviction before Arizona Court
James Novak

In a recent case before an Arizona court of appeals, the defendant asked for a reversal of his guilty conviction of stalking. The defendant had been charged and convicted after a period of nine days during which he repeatedly showed up at the victim’s house and vandalized his property. When the defendant appealed, he argued…

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Recent Entries

How Aggravating Factors Can Turn Serious Charges into Life-Altering Consequences In Arizona, what might start as a straightforward criminal charge can quickly escalate into something far more serious when prosecutors tack on...

Arizona Court Weighs in on Defendant’s Challenge to Juror Impartiality In the recent case of State v. Schalk, the Arizona Court of Appeals upheld the convictions of David Schalk for kidnapping and aggravated assault...

Can a Police Officer Ask for Your Name While Detaining You? If an officer detains you because he suspects you have committed a crime, you have certain rights under the law. These interactions can be...

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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.

Client Reviews

 I was facing criminal charges with three priors in my history. Mr Novak was very helpful and got me a lighter sentence than I probably deserved. He is a great attorney and I would highly recommend him.

- A.T.

James worked tirelessly behind the scenes with the prosecution, to decrease my son’s charges to a more reasonable penalty. I could not have asked for a better, more professional attorney. He treated my son with the utmost respect and walked him through every step of a very difficult situation.

- S. G.

Attorney Novak did an outstanding job defending my son. Due to his extensive professional background within the court system, he was successfully able to defend my son during a very difficult time for my family. I highly recommend Attorney James Novak for your legal needs.

- T. G.

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