Arizona DUI & Criminal Defense Attorney Blog
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Blog posts covering key topics of Criminal Defense like Sex Crimes, Drug Crimes, Marijuana Offenses, Weapon Crimes, Evidentiary Issues, and more. Attorney, James Novak, is helping people further their understanding of DUI & Criminal laws, the criminal justice system, their rights, and how to protect them.
Arizona DUI & Criminal Defense Attorney Blog
1d ago
In a recent case before an Arizona appellate court, the defendant argued that the trial court unreasonably modified the terms of his probation. The court’s response to the defendant’s argument brings up important questions such as whether a defendant on probation has the right to an attorney and whether a probationer can waive the right to the attorney if he does so knowingly and voluntarily. Ultimately, the opinion serves as a reminder that retaining qualified counsel is highly important in criminal proceedings, no matter what stage of the criminal proceedings are in play.
Probation Modificat ..read more
Arizona DUI & Criminal Defense Attorney Blog
1M ago
In a recent case before an Arizona court of appeals, the defendant argued that his convictions and sentences for aggravated assault should be reversed. According to the defendant, the expert that testified on behalf of the prosecution during trial should not have been allowed to present himself as an expert. The court of appeals reviewed the officer’s qualifications, disagreed with the defendant’s analysis, and ultimately denied the defendant’s appeal.
Facts of the Case
According to the court-issued opinion, the defendant in this case was driving 80 miles per hour in a 40 mile per hour zone. H ..read more
Arizona DUI & Criminal Defense Attorney Blog
1M ago
In a recent opinion issued by the Arizona Court of Appeals, Division Two, the court overturned a defendant’s convictions for sexual conduct with a minor and indecent exposure to a minor. The opinion highlights the fact that trial courts must make a careful decision when one party requests to close the courtroom during trial. In this case, the State asked to keep nonessential people outside of the courtroom while the victim in the case testified. On appeal, the defendant argued that this decision to close the courtroom was unconstitutional, and ultimately, the higher court agreed.
Proceedings B ..read more
Arizona DUI & Criminal Defense Attorney Blog
1M ago
In a recent case before the Supreme Court of the State of Arizona, the defendant appealed his convictions and sentences stemming from a series of sexual assaults. On appeal, the defendant argued that because he committed the offenses when he was a minor, the superior court did not actually have the authority to hear his case, given that the case should have been heard in a juvenile court. Considering the defendant’s argument, the court ultimately denied the appeal but remanded the case back to the lower court for re-sentencing.
Offenses at Issue
In this case, the defendant sexually assaulted a ..read more
Arizona DUI & Criminal Defense Attorney Blog
2M ago
Facing criminal charges, especially those related to sex crimes, is a daunting experience. If you or a loved one is seeking the services of a criminal defense attorney in Arizona, understanding the complexities of the legal landscape is crucial. In a recent judicial opinion, the Arizona Court of Appeals discussed the admission of prior bad acts evidence in a sex crime prosecution as a key issue. Whether a prosecutor is allowed to submit evidence to a jury that unfairly prejudices a defendant is often the defining factor in a case.
In the recently decided case, the defendant was convicted of se ..read more
Arizona DUI & Criminal Defense Attorney Blog
2M ago
The legal landscape surrounding criminal investigations can be complex, and understanding the nuances of key documents like probable cause affidavits and search warrants can make the difference in whether a defendant is convicted of the crime that they are charged with. The Arizona Court of Appeals recently released an opinion that can shed light on the differences between probable cause affidavits and search warrants under Arizona law.
According to the facts and procedural history discussed in the appellate opinion, the defendant faced convictions for fraudulent schemes and artifices, burglar ..read more
Arizona DUI & Criminal Defense Attorney Blog
3M ago
In a recent case before an Arizona court of appeals, the defendant challenged his guilty verdict based on the trial court’s definition of the word “education.” The case centered on the defendant’s insistence that his scattering dead body parts in public areas was not a crime, but instead was an attempt to educate the public. The jury disagreed, and the higher court ultimately denied the defendant’s appeal.
Facts of the Case
According to the opinion, the defendant in this case worked for a body donation center in Washington. He moved to Arizona, and he decided to take several human body parts a ..read more
Arizona DUI & Criminal Defense Attorney Blog
3M ago
In a recent criminal case before an appellate court in Arizona, the defendant challenged the trial court’s decision to deny his motion for a new trial. Originally, a jury found the defendant guilty of several crimes, including aggravated assault and attempted arson. He filed a motion for a new trial after the jury returned a guilty verdict, arguing that the evidence at trial did not support the jury’s ultimate decision. Once the trial court denied this motion, the defendant appealed.
Facts of the Case
According to the opinion, the defendant assaulted his partner in her home. The defendant’s pa ..read more
Arizona DUI & Criminal Defense Attorney Blog
4M ago
In a recent sexual abuse case before an Arizona court of appeals, the defendant argued that his conviction should be reversed because of evidence that was unreasonably admitted during his trial. The defendant was originally charged after a client at his massage therapy business alleged that he inappropriately touched her during their massage session. The defendant’s case went to trial, and he was found guilty. The defendant went on to appeal the decision, but the higher court ultimately affirmed the guilty conviction.
Facts of the Case
According to the opinion, the defendant worked as a massag ..read more
Arizona DUI & Criminal Defense Attorney Blog
4M ago
In an October 2023 criminal case on appeal in Arizona, the defendant took issue with the trial court’s decision about how long he should be incarcerated after a jury found him guilty of aggravated DUI. Originally, the defendant was charged with aggravated DUI while he was on probation for two other convictions. Once he was found guilty, the trial court took both of his convictions into consideration when deciding his sentence. The defendant appealed this decision, but the higher court ultimately affirmed the lower court’s ruling.
Facts of the Case
According to the opinion, the defendant was dr ..read more