James E. Novak
Published on:

By

10 facts about enforcement of Arizona’s Immigration Law SB 1070 

On September 18, 2012 District Judge Susan Bolton release a temporary restraining order on the controversial provisions in Arizona SB 1070. Since it became effective in 2010, it faced legal opposition which led to a US Supreme Court decision. At the center of the debate has been the center of the debate was the “Show me your paper’s” provision SB 1070 A.R.S. 11-1051 (B).  The United States Supreme Court held that that enforcement of this provision by the State of Arizona was constitutional.

Last week, the Phoenix Police Chief Daniel V. Garcia’s weighed in on some common questions people have about how police will be forcing SB 1070 “Show me your papers” provision. Here are 10 things that a person can expect in a police stop:

Continue reading →
Published on:

By

In Arizona, a motorist may be charged with Marijuana DUI, if they are under the influence of Marijuana, and they are driving “impaired to the slightest degree” A.R.S. 28 § 1381.

The burden of proof rests with prosecution to “prove beyond a reasonable doubt” that a person was actually driving impaired due to Marijuana found in their bloodstream.

Marijuana can actually remain in the blood stream for days and even weeks depending on how much was inhaled or ingested, and the frequency of use. In some cases, traces of Marijuana can be found after a month of use has passed.

Continue reading →
Published on:

By

How to preserving your rights after arrest: To know them is to protect them.

The most important thing you need do is to preserve your rights after a DUI arrest in Mesa. By doing this you will protect your rights to defend your charges. Failure to preserve your rights, may waive or limit otherwise viable defenses. Here are some tips to protecting yourself from waiving defenses, or to limit the strength of the prosecution’s case against you.

  • Never resist arrest –At the point police decide to make an arrest, you must cooperate. Limit any discussion. Do not argue. That will only lead to additional more serious charges. Resisting arrest may also compel the police to use force, which will result in physical harm to you.
Continue reading →
Published on:

By

In Arizona, one primary factor for charging a suspect with possession of Marijuana with intent to sell is the quantity of a drug found in a person’s possession. In order to prosecute these charges there must be some additional evidence presented to support the charge. Examples may include proof beyond a reasonable doubt that you were intending to exchange something for the drugs such as cash, weapons, or other illegal drugs.

It could also include evidence of paraphernalia in close proximity to the drugs such as scales, ledgers, text or telephone records; baggies and other evidence that suggest the Marijuana was in a person’s possession for sale or intent to sell. Sometimes, co-defendant’s testimony in the same case or a different case leads to finding, arresting and prosecuting suspects for possession with intent to sell.

Classifications for Marijuana for sale or intent to sell

Continue reading →
Published on:

By

Release Conditions – What the Judge Considers

Release conditions are set by the judge in consideration of assuring you will return to appear for your next court date. The judge considers many factors when setting release conditions including but not limited to:

  • Nature and seriousness of the charges;
Continue reading →
Published on:

By

Arizona’s Marijuana Possession Laws

In Arizona person may be arrested for Marijuana Possession under ARS § 13-3405. In order to prosecute these charges, the state must prove “beyond a reasonable doubt” the possessor knew or had reason to know, that the Marijuana was in their possession. If the person knowingly possessed the Marijuana, they may be charged with Felony. The severity of the charges and punishment depend on the following:

  • Nature of the charges;
Continue reading →
Published on:

By

In Arizona, a motorist may be charged with Marijuana DUI, if they are under the influence of Marijuana, and they are driving “impaired to the slightest degree” A.R.S. 28 § 1381.

The burden of proof rests with prosecution to “prove beyond a reasonable doubt” that a person was actually driving impaired due to Marijuana found in their bloodstream.

Marijuana can actually remain in the blood stream for days and even weeks depending on how much was inhaled or ingested, and the frequency of use. In some cases, traces of Marijuana can be found after a month of use has passed.

Continue reading →
Published on:

By

Mistake of Law

Mistake of Law is rarely a justifiable pre-trial defense. The Mistake of Law” is when a person knows they committed an act, but they did not know the conduct was against the law. It is different between “Mistake of Fact”. There are few circumstances where “Mistake of Law” is a justifiable defense. Arizona does not accept except ignorance, or lack of knowledge that a particular law exists as a valid defense. This is described under Arizona Law A.R.S. §13-204 (B). Not being aware or having knowledge of the law does not relieve a person of criminal liability. Mistake or lack of knowledge of the law itself, is not itself a justifiable defense

Mistake of Fact

Continue reading →
Published on:

By

An individual has rights afforded to them by the U.S. Constitution; the Arizona State Constitution; Arizona Laws; and Procedural, Protocol and Criminal Court rights, and basic Civil Human Rights.

Your Rights at a DUI Stop in Chandler, AZ

  • You have the right not to be  pulled over for a traffic stop unless police have reasonable suspension that a violation of the law has occurred or is in progress;
Continue reading →
Published on:

By

The main difference between Misdemeanor Theft and Felony Theft charges is the dollar value of the amount stolen. The second difference is the penalties involved. The higher the dollar value of the stolen property or service, the more severe the penalties if convicted.

Under ARS § 13 – 1802 theft charges will be brought as Misdemeanors unless the market or dollar value of the property exceeds $1,000.00. Theft crimes involving items that exceed that amount will be brought as a felony.

The exception to this is if it is a firearm or an animal. Charges for theft of an animal or gun, will be charged as a felony, even if the dollar value is below $1,000.00,

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 – 2025, The Law Office of James E. Novak
JUSTIA Law Firm Blog Design