Phoenix DUI Law Blog

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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Appellate Court Affirms Arizona Defendant’s Sexual Exploitation Conviction
James Novak

In a recent case before an Arizona court of appeals, a defendant convicted of sexual exploitation unsuccessfully argued that the evidence at trial was insufficient to support the lower court’s ruling. Originally, the defendant was charged after investigators found child pornography on a laptop in his home. The case went to trial, a jury found…

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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 in Sexual Assault Case Successfully Argues for Reversal of Conviction and Sentence
James Novak

In a recent case before an Arizona court of appeals, the defendant asked the court to reconsider his convictions and sentences for sexual conduct with a minor. Originally, the defendant was found guilty and sentenced to 51 years in prison after he molested three children; however, the defendant was between the ages of 10 and…

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Recent Entries

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...

Relevance of Autopsy Photos in Homicide and Murder Cases in Arizona In a criminal case revolving around homicide or murder, it is a long-standing rule in Arizona that photos of the victim’s body are automatically...

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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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