Criminal Defense

March 31, 2023

Defendant in Armed Robbery Case Asks for Reversal on Procedural Grounds

In a recent case before an Arizona court of appeals, the defendant asked for his guilty conviction to be reversed because of an error committed by the trial court. Originally, the defendant was charged with and convicted of armed robbery. After his trial, the defendant asked for a reversal because, he argued, the lower court had failed to sufficiently inform him of his rights at several of his hearings. Ultimately, the court of appeals determined that while the lower court had failed to properly advise the defendant of certain rights, this fact did not warrant a reversal. The court kept the original conviction in place.

Facts of the Case

The defendant was arrested in connection with a series of incidents in which a man wearing a clown mask approached individuals, pointed a gun at them, and robbed them. After several months of this particular kind of armed robbery popping up throughout the area, investigators were able to link the defendant in this case to the crime. He was criminally charged, and his case headed for trial.

Before trial, the defendant went to court for several suppression hearings or hearings in which he tried to get certain incriminating evidence suppressed before the trial began. At these hearings, the defendant opted to represent himself, even though he was offered an attorney. He brought in several witnesses for each of the hearings, and his motions to suppress were denied at each hearing.

February 10, 2021

Court Affirms Defendant’s DUI Conviction in Recent Arizona Drunk Driving Case

by James E. Novak, P.L.L.C.

Earlier this month, a state appellate court issued an opinion in an Arizona DUI case, affirming the defendant’s conviction. The case illustrates the challenges of successfully litigating an appeal, as well as the importance of vigorously defending against all allegations at trial.

The Facts of the Case

According to the court’s opinion, a group of police officers was eating in a restaurant, when someone approached the officers, informing them that a motorist was committing traffic violations. One of the officers left the restaurant, got into his car, and witnessed the defendant run a red light.

The officer turned on his lights and sirens to conduct a traffic stop; however, the defendant did not stop. The defendant led the officer on a chase. According to the officer, the defendant committed “too many traffic violations to count.” When the defendant turned the wrong way down a one-way road, another officer put spike strips down in an attempt to disable the defendant’s vehicle. However, when the defendant saw the officer in the road, he swerved towards the officer. The officer jumped out of the way to avoid being hit.

December 11, 2018

Court Discusses Spousal Privilege in Recent Arizona DUI Case

by James E. Novak, P.L.L.C.

Under Arizona law, there is a general rule that a person who is charged with a crime can prevent their spouse from testifying against them. This is even the case if the other spouse wants to testify against the spouse who is charged with a crime. The rule, called the anti-marital fact privilege, or spousal privilege, has its roots in the common law and has been a part of Arizona law since the beginning of the state’s formation.

Arizona’s spousal privilege has a number of exceptions that can prevent its application. The most common exception is called the “crimes exception” and involves a situation in which one spouse is charged with a crime that was committed against the other spouse. A recent Arizona DUI case illustrates the crimes exception to Arizona’s spousal privilege statute.

The Facts

According to the court’s opinion, the defendant’s husband (Husband) called police because the defendant was trying to leave their home while she was intoxicated. Husband attempted to park one of the couple’s other vehicles behind the defendant’s minivan to prevent her from leaving, but the defendant got into the minivan and backed into the other vehicle. The defendant was later arrested and charged with DUI and causing criminal damage.

September 15, 2014

DUI Defense Strategies: How Lawyers Fight for Their Clients

by James E. Novak, P.L.L.C.

The team at the Law Office of James Novak in Tempe believes that everyone deserves strong legal defense, no matter what charges they face. This is Constitutionally guaranteed to all citizens of the United States, and by mounting a strong legal defense, we help ensure that the system works for everyone.

The idea of a strong legal defense is important when a person is arrested for drunk driving. We would like to take a basic look at some common DUI defense strategies that can help drunk drivers in their time of legal need.

Focusing on the Circumstances of Your Drunk Driving Arrest

April 20, 2014

What You Should Know About Drunk Driving Cases That Involve Auto Accidents

by James E. Novak, P.L.L.C.

When you or someone that you care about is involved in a drunk driving arrest, it can be a very taxing time. This is why it's so important to seek legal assistance. DUI attorneys will provide you with strong counsel and peace of mind, helping you make sound decisions about all of your legal options. This will be especially crucial if the drunk driving arrest involves a motor vehicle collision or any kind of injury accident. Let's take a brief moment to consider these kinds of accidents right now.

Auto Accidents Caused by Drunk Driving

Drunk driving always has to be taken seriously. According to the Foundation for Advancing Alcohol Responsibility, there were 31,263 drunk driving arrests in the state of Arizona in 2012. There were a total of 227 alcohol-related driving fatalities in that year.

December 10, 2013

DUI Expungement and Setting Aside Conviction – Explaining the Difference

by James E. Novak, P.L.L.C.

Drunk driving charges need to be taken very seriously. A drunk driving arrest can be a major stain on your record, and it can actually affect your ability to obtain employment during your life. That's why so many people ask our DUI attorneys what they can do if they have been convicted of a driving under the influence (DUI) or driving while intoxicated (DWI) charge.

In many other states, expungement is the best course of action, though statutes are different in Arizona. We'd like to look at this issue of expungement and what we can help clients in the state do if they would like to address the conviction on their criminal record.

About DUI / DWI In Arizona

November 10, 2013

Popular Times for DUI Checkpoints

by James E. Novak, P.L.L.C.

When it comes to fighting for clients, our DUI attorneys will always make sure that your rights are observed in court. It's important that we fight diligently on your behalf to ensure that the system is fair and serves the entire public good. If there are cases of civil liberties not being observed, we need to take them very seriously.

Right now we would like to focus on the nature of sobriety checkpoints, what they are, and when they may be put in place. These checkpoints tend to catch a number of drunk drivers, so it's important that you know how they operate.

About Sobriety Checkpoints