James E. Novak
Published on:

By

When facing criminal charges in Arizona, it’s essential to understand not only the trial process but also strategies to protect the potential avenues for appeal. In a recent judicial opinion, the Arizona Court of Appeals addressed a defendant’s arguments surrounding the legality of his arrest after he was convicted of a drug charge and later and petitioned the court with an appeal.

Preserving Arguments for Appeal

One of the fundamental principles of the legal system is the preservation of arguments for appeal. In the recently decided case, the defendant raised several issues during his trial, including a motion to suppress evidence. However, the court emphasized that arguments made for the first time on appeal are typically waived unless there is a fundamental and prejudicial error.

The defendant first argued at trial that the officer violated his Fourth Amendment rights when conducting a search using a law enforcement database. However, the court ruled that individuals do not have a reasonable expectation of privacy in such databases, leading to the denial of his motion to suppress evidence. Because the defendant properly preserved the issue, the appellate court addressed the defendant’s arguments, although they were rejected as the trial court made no error.

Continue reading →

Published on:

By

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 Modification

The first question before the court was whether the defendant had the right to notice and a hearing before the court modified his probation terms. Apparently, the defendant had failed to comply with the terms of his probation – he failed to make court-ordered payments to the victim of his theft offense, and he committed at least one misdemeanor while on probation. The court provided the defendant with a form, which told him his probation would be extended for five additional years. The defendant signed the form.

On appeal, however, the higher court concluded that this form was insufficient under the law. The defendant instead had a right to a formal hearing before signing the form to indicate he understood the change in his probation. The US and Arizona constitutions guarantee a defendant due process, and that due process had been violated here.

Continue reading →

Published on:

By

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. His car hit another car from behind, and both vehicles flipped over and eventually stopped on a nearby embankment. The driver of the front car was taken to the hospital, and doctors later diagnosed her with fractured bones, fractured ribs, a broken sternum, and lacerations throughout her body.

The defendant was charged with aggravated assault, and a jury convicted him as charged. The trial court then sentenced the defendant to three different prison terms for each of the three counts of aggravated assault of which he was found guilty. He promptly appealed the findings.

Continue reading →

Published on:

By

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 Before the Lower Court

The defendant was originally criminally charged after the victim, the daughter of his girlfriend, came forward and indicated that he had been sexually assaulting her for several years. According to the victim, the defendant was in charge of looking after her while her mother worked overtime, and it was during these instances that he would force her to have sex with him.

The defendant’s case went to trial, and the victim took the stand to testify. Court records indicate that the girl was 16 at the time of trial and that she was very nervous about testifying. A few minutes into her testimony, the State asked the trial court judge if he would close the courtroom and tell all “nonessential” individuals to leave the proceedings. The defense objected, but the trial judge decided to close the courtroom in order to give the victim some privacy.

Continue reading →

Published on:

By

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 and abused three younger children between 2006 and 2008. At the time he committed the crimes, the defendant himself was a minor. The State learned about the offenses after the defendant turned 18 and he was charged with two counts of sexual conduct with a minor and three counts of child molestation.

Continue reading →
Published on:

By

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 sexual conduct with a minor under fifteen years of age. The victim had been adopted into the defendant’s family, creating a step-sibling relationship with the defendant. The case hinged on the State’s allegations of emotional harm suffered by the victim as an aggravating circumstance. In support of their case, the prosecution sought to introduce evidence of prior bad acts committed by Fichtelman against another victim who was sexually abused at the age of 11. The court’s decision to admit this evidence became a pivotal point in the trial.

A critical aspect of the case was the admission of other acts into evidence related to the defendant’s prior misconduct with the other victim. The court’s decision to allow this evidence, highlights the delicate balance between relevance and potential prejudice. The Court narrowed their ruling, limiting the evidence to one prior conviction and excluding certain details, allowing the court to remain committed to offering the defendant a fair trial.

Continue reading →
Published on:

By

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, burglary, and theft. The case originated from a series of burglaries where victims were lured from their homes by fake FedEx calls, leading to the theft of valuable items. Law enforcement, during the investigation, obtained the phone records of one victim, revealing a prepaid T-Mobile phone linked to the crimes.

Probable Cause Affidavit and Court Orders

In December 2015, law enforcement, armed with a probable cause affidavit, sought a court order to obtain cell site location information (CSLI) for the prepaid phone, citing relevant statutes. The affidavit outlined the need for GPS information and subscriber data. A judge, finding probable cause, issued the requested order. Despite facing challenges, including a typographical error in subsequent requests, law enforcement obtained the necessary orders, enabling GPS tracking of the phone.

The Search Warrant and Evidence Seizure

The GPS data led law enforcement to the defendant’s address, culminating in the issuance of a search warrant for his home. Executing the warrant, detectives discovered incriminating evidence, including tools and chemicals related to jewelry disassembly and a stone resembling one stolen during a previous burglary.

Continue reading →

Published on:

By

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 along with him when he moved. Oddly, the man then scattered the body parts in the Arizona desert. This was important, the defendant later claimed, because he needed to educate passersby on public safety issues. He did not, however, offer a coherent statement about how the body parts would achieve his stated purpose.

Pedestrians found the body parts, and investigators traced them back to the defendant’s previous place of work, which they then back to the defendant himself. The defendant was charged with abandonment and concealment of a dead body. He pled not guilty, but a jury found him guilty as charged. The trial court sentenced the defendant to 2.5 years in prison. He promptly appealed.

Continue reading →

Published on:

By

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 partner was ultimately able to escape, but when she returned to the home about half an hour later, the defendant immediately asked her if she smelled any gas. It became clear to the partner that the defendant was attempting to burn the house down.

The partner called 911, and emergency responders quickly arrived at the scene. The firefighters were able to keep the explosion from happening, and police officers arrested the defendant. He was charged with the following crimes: felony endangerment, aggravated assault, attempted sexual assault, kidnapping, and attempted arson.

Continue reading →

Published on:

By

If you find yourself facing criminal charges in Arizona, understanding the appealable issues is crucial for exploring all possible avenues for relief. The Arizona Court of Appeals recently released a decision in an appeal filed by a man who appealed his convictions for armed robbery, felony murder, attempted armed robbery, conspiracy to commit armed robbery, and aggravated robbery. The legal opinion in this case sheds light on important aspects of the trial and appeals process in Arizona.

According to the facts discussed in the recently published appellate opinion, the defendant in the case was charged with robbery, conspiracy, and felony murder charges that stemmed from a conspiracy to rob a marijuana seller. Despite not directly participating in the robbery, the defendant received a life sentence, prompting an appeal. The court affirmed his convictions and sentences, emphasizing the importance of an attorney to address any arguable issues during the appeals process. The Court discussed several potentially appealable issues that were present in the case, although the conviction was ultimately affirmed, nonetheless.

Ineffective Assistance of Counsel

The defendant’s counsel filed a brief under Anders v. California, certifying that no arguable question of law was found. However, he requested an extension to review trial transcripts, signaling potential issues with his legal representation. This highlights the importance of raising any arguable issues during the appeals process to ensure a fair defense.

Continue reading →

Contact Information
Law Office of James Novak, PLLC
4500 S Lakeshore Dr #352
Tempe, AZ 85282
Phone: (480) 413-1499Text: (602) 908-8123

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2017 – 2024, The Law Office of James E. Novak
JUSTIA Law Firm Blog Design