Phoenix DUI Law Blog

Relevance of Autopsy Photos in Homicide and Murder Cases in Arizona
James Novak Team

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 relevant to the proceedings. This rule can be harmful for defendants in these cases, especially in jury trials where jury members will be jarred or emotionally distraught by the photos. In…

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

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 Team

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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Swerving While Driving as Basis for Officers to Conduct Traffic Stop in Arizona
James Novak Team

For a police officer to conduct a traffic stop in Arizona, he or she must have reasonable suspicion to believe that criminal activity is afoot. Without this reasonable suspicion, the officer has no legal basis to pull over a vehicle. How do courts define “reasonable suspicion?” There are some basic standards in place from Arizona…

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Posted in: Dui
“Knowing” vs. “Reckless” Murder in Arizona Criminal Cases
James Novak Team

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 Team

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 Team

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 Team

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 Team

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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Recent Entries

Can Recanted Testimony Still Lead to a Domestic Violence Conviction in Arizona You may believe that if an alleged victim recants their statement, the charges against you should be dropped. In Arizona, that is not always the...

Arizona Court Upholds Use of Police Interview in Mesa Armed Robbery Conviction If you’ve been arrested in Mesa and questioned by police after a long night, you might wonder whether statements made during that interview can be...

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...

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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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