Phoenix DUI Law Blog

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

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 Team

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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How Arizona Law Enforcement Uses “Confrontation Calls” to Secure Evidence against Defendants
James Novak Team

Arizona prosecutions for domestic violence and sexual assault cases often hinge on whether the victim can have the suspect admit to criminal behavior while law enforcement is recording the interaction. A recent judicial opinion in Arizona sheds light on the use of these recorded “confrontation calls” in criminal cases, emphasizing the need for individuals to…

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Arizona Defendant Appeals Sentencing Decision in Child Abuse Case, but Court Finds No Fundamental Error
James Novak Team

In a December 2023 case before an Arizona court of appeals, the defendant asked for a reconsideration of the lower court’s sentencing decision in her child abuse case. She was originally charged with and convicted of negligent child abuse, and she asked the higher court to conduct a review of the record, to ensure the…

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Arizona Defendant Attempts Appeal in Drug Case, Arguing Evidence Insufficient to Show that Drugs Belonged to Him
James Novak Team

In a recent case before an appeals court in Arizona, the defendant asked that the court decide that the evidence was insufficient to support his conviction for drug possession. The court disagreed with the defendant, affirming his guilty verdict. The court’s opinion highlights the fact that, even if you are not driving a car that…

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Arizona Defendant Loses Appeal in Kidnapping Case, Demonstrating Importance of Seeking Legal Advice at Every Stage of a Criminal Case
James Novak Team

In a recent case before a court in Arizona, the defendant appealed convictions for burglary, kidnapping, and intimidating. He was originally charged after an incident in which he trapped his ex-girlfriend in his home and attempted to keep her there against her will. A jury found the defendant guilty, and despite his subsequent appeal, the…

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Recent Entries

Strict-Liability Aggravated DUI In Arizona: What The Latest Case Means For Your Defense Arizona courts recently clarified a key question about aggravated DUI charges that involve wrong-way driving. The Court of Appeals held that the...

Arizona Appeals Court Clarifies How Justification Defenses Must Be Requested at Trial If you are facing a weapons misconduct or assault charge in Arizona and believe your actions were justified, your ability to raise that defense later...

Arizona Appeals Court Upholds Gun Convictions Based on Circumstantial Evidence A recent Arizona Court of Appeals decision shows how prosecutors can use indirect evidence to secure convictions for weapons offenses, even when...

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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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