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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:

National Assoc. of Criminal Defense Lawyers
National College for DUI Defense
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Tag Archives: Arizona

Court Jurisdiction: What It Is and Why It is Important to Your Defense

Jurisdiction as it relates to criminal charges is a certain Court’s authority to hear specific types of cases. It involves both geographic elements as well as legal authority afforded by the State, County and Federal laws. Felonies and Misdemeanors have are heard in different courts. Generally, the city, county and state where a person is [...]

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How to Preserve Your Rights After a DUI in Chandler, AZ

An arrest is not a conviction. You should always invoke your right legal representation for your charges. Here are a few of your initial rights following an arrest in Chandler, you should preserve in your defense: Advise the arresting officer that you with to invoke your right to remain silent following your arrest, if you [...]

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Arizona Felony Theft: “What is Felony Theft?”

Theft charges may be brought as Misdemeanors or Felonies. Felony Thefts are those where the values or dollar amount of stolen property exceed a specified amount by law. Other factors are also considered including the nature or type of items stolen. Felony thefts will be charged under ARS § 13 – 1802  if the value of stolen [...]

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Arizona “Stand Your Ground” Laws: Justification Defenses

“When a defendant pleads “not-guilty” due to a “justification” defense, they are basically affirming that they used force against another person, for a justifiable reason described under A.R.S. § 13-411; and thus, their actions did not constitute a criminal defense.” Justification laws are sometimes referred to as “Stand Your Ground” laws. They refer to actions [...]

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Aggravated Assault in Arizona: Definitions and Penalties

Misdemeanor assault charges are raised to felony or assault charges, when certain aggravating factors surround the assault. Aggravated assault charges are taken very seriously in Arizona because they are crimes that harm or injure another person or victim. All Felony Assault charges carry prison sentencing if convicted in Arizona. You will need an experienced assault [...]

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Arizona Governor Signs HB 2284 to Restore DUI Jury Trial Rights

“Constitutional rights should be recognized and restored, no matter what the cost” Arizona HB 2284 – DUI; Jury Trial Rights Signed into Law Arizona legislation signed into law April 11, 2012, has restored jury trial rights to first-time DUI offenders. AZ HB 2284 was signed into law by Arizona Governor Jan Brewer. Under the act, [...]

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Drug Possession Charges: Defenses that can be used to Challenge Drug Charges

 “In the midst of even the most serious  drug charges, a good  criminal defense attorney may be able to argue justifiable defenses that often  lead  to a case dismissal, or other favorable outcome in your case.”.  A large number of drug crimes in Tempe AZ are charged as felonies. Depending on the nature of the [...]

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Disorderly Conduct: How to Challenge the Charges and Defend your Rights

If you were charged with disorderly conduct in Scottsdale, you should consult a criminal defense attorney to discuss your matter, and defense options. The penalties can be severe depending on the circumstances and classification of the charges. Charges may be brought as misdemeanors or felonies depending on the facts of your case.  Disorderly conduct charges  [...]

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Defenses to Drug Possession Charges in Arizona

“ Arizona, Drug Possession convictions, requires the defendant to have  “knowledge” of Possession.   If your criminal lawyer can raise reasonable doubt regarding “knowledge” of the drugs in their possession,  it can lead to a dismissal of your Possession charges.” In order for the State of Arizona to get a conviction for illegal drug possession charges  [...]

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Defenses for DUI Charges in Gilbert, AZ

“If you were arrested for DUI it does not necessarily mean you will be found guilty.  Here are some common defenses that may help you avoid a  harsh DUI conviction. “ If you are facing DUI charges in Gilbert AZ, you have the right to defend your charges.  Arizona is well known for having some of [...]

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