Phoenix DUI Law Blog

Arizona Defendant’s Convictions Affirmed in Recent Burglary Case, Highlighting Importance of Aggressive Defense Strategies During Trial Phase
James Novak

A recent case before the Arizona Court of Appeals, Division One, demonstrates the difficulty of fighting charges when the facts are not in your favor. In the case at issue, the defendant pled not guilty to burglary, and his case later went to trial. The court then sentenced him to 20 years in prison. In…

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Challenging the Denial of a Motion to Suppress Based on Violent Police Activity in Arizona
James Novak

Can a defendant successfully suppress incriminating statements he made during a confession because of violent conduct from the police? In short, sometimes. A recent case coming out of the Court of Appeals of Arizona, First Division explores this question, and the case ultimately decided that when the police officers’ violent conduct happens separately from the…

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“Knowing” vs. “Reckless” Murder in Arizona Criminal Cases
James Novak

In the criminal context, the defendant’s mental state when committing a murder is important. In Arizona, courts differentiate between a murder that was “knowing or intentional,” and “reckless.” A recent case before the Arizona Court of Appeals, Division Two, highlights the important differences between both categories – the difference, for better or for worse, can…

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Arizona Supreme Court Clarifies Law in Case Revolving Around Possible Prosecutorial Bias
James Novak

Recently, the Arizona Supreme Court issued an important ruling clarifying how trial courts must deal with the conflict when they are faced with the reality of (or appearance of) bias. In the case at issue, the state charged a defendant with several fraud-related offenses, including illegally obtaining and using another person’s credit card. As it…

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Arizona Court Approves Shortened Sentence for Defendant with Cognitive Impairment
James Novak

In a recent case before an appeals court in Arizona, the court affirmed a shorter sentence for a defendant with several mental impairments. The decision highlighted both the nature of the defendant’s crimes and the nature of his psychological evaluation, which both went into the trial court’s sentencing decision. Overall, the opinion serves as a…

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Arizona Court Decides Witness’s Employment History is Irrelevant for Sexual Misconduct Trial
James Novak

A recent criminal case before Division One of the Arizona Court of Appeals brought up important questions about challenging a witness’s credibility during trial. In this case, the defendant appealed his conviction and sentence for sexual conduct with a minor. On appeal, he argued that he was unreasonably restricted during his questioning of one of…

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Arizona Court Rules that Defendant’s Driving Plausibly Constituted “Felony Endangerment” Even Without Collision
James Novak

In a recent case before the Arizona Court of Appeals, Division One, the defendant asked for a reconsideration of her convictions and sentences for felony endangerment. According to the defendant, the evidence presented at trial did not sufficiently prove that she endangered the two victims in the case, and her verdict should be overturned. The…

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Arizona Court Issues Important Ruling in Case Revolving Around “Red-Light Statute”
James Novak

Recently, the Arizona Court of Appeals, Division One, issued an opinion regarding an Arizona statute requiring cars to stop at a red light. The opinion went beyond the traffic implications of this statute, delving into the question of what happens when an individual violates the statute and ends up causing serious physical injury or death…

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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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Recent Entries

Can Prosecutors in Arizona Use Post-Miranda Silence to Undermine Your Testimony? If police question you following an arrest, your responses or your choice to remain silent can directly affect the outcome of your case. A recent...

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...

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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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