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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. As well as:

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U.S. 9th Circuit Court of Appeals Reverses Drug Conviction

The US 9th Circuit Court of Appeals Reversed a Drug Conviction recently based on the cumulative effect of violations resulting in error by the lower court.

The errors pertained to two denials of requests for discovery by the defendant and violations in Rules of Criminal Procedure for sentencing.

The panel found that although the lower court abused its discretion in denying certain discovery requests by the defendant because the record did not clearly establish what exculpatory evidence, if any, may have been produced if the request had been granted; and what effect it may  have had on the trial outcome. As a result, The 9th District court vacated the conviction and remanded for continued proceedings to include evidentiary hearings.

The higher court also agreed with defendant several procedural violations occurred in sentencing. As a result, of the defendant is reinstated as a result of the continued proceedings, the existing sentence would be vacated, and he would be allowed a new sentencing hearing.

Your Right to a Complete Defense for DUI and Criminal Defense

A complete defense includes due process and the right to retain a qualified criminal attorney to defend criminal charges. It includes protections in the form of constitutional rights and trial rights. Part of a complete defense includes your right to obtain Exculpatory Evidence which is evidence or testimony that is favorable in your case. For example, in the case of a DUI arrest due to blood test results, the suspect has the right to ask the police for a second sample of the blood test for the purpose of criminal defense. Once retained, an experienced drug defense lawyer will have the blood samples retested, to validate the findings by police. If material inconsistencies or errors exist between the police DUI blood test results and the criminal defense processing results, the defense will move to have the evidence suppressed so it is not admissible against the defendant.

If a defendant is denied the right to obtain favorable evidence in their case, and that evidence had potential to impact the outcome of their case, it is considered unconstitutional.  Violations of trial, procedural, or constitutional rights may result in suppression of the prosecution’s evidence, and lead to a dismissal of criminal charges.

Criminal Defense Attorney Tempe AZ

The most effective way to protect your rights and defend your charges is to retain a qualified and experienced criminal attorney to defend you. They will work with you to obtain exculpatory evidence, retest blood samples, determine if any of your rights were violated, make sure you are treated fairly, and defend your charges to obtain the best possible outcome in your case.

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