Phoenix DUI Law Blog

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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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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Recent Entries

The Importance of Handwriting in an Arizona Criminal Case A person’s handwriting can come back to haunt them, and evidence in the trial court’s record of the defendant’s handwriting can end up helping the...

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...

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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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