James E. Novak
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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

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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;
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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,

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Motions to Suppress Evidence for Criminal Charges

The Arizona Rules of Procedure for criminal cases allows for the defendant to file a “Motion to Suppress” evidence in under specific circumstances. If a justified reason exists, your defense counsel, will file a “Motion” for the court to consider suppressing or disallowing the prosecution to use certain evidence against a defendant.

The motion must be justified and not frivolous. If the court agrees, to suppression of material evidence against a defendant, it often leads to a dismissal of charges.

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Arizona Driver’s License Revocation

Driver’s License revocation is the State of Arizona’s withdrawal of a person’s driving privilege for an indefinite length of time. Revocation of a driver’s license, in most cases, occurs as the result of a serious Gilbert DUI or criminal conviction that involved your driving. For most people who drive, it is an inconvenience or even a hardship. For some, it is more than can be devastating. It may mean loss of job or future job opportunities; and other long term adverse effects on a person’s life and family.

Gilbert DUI Charges & Criminal Convictions that Result in Driver’s License Revocation

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The two main differences between Misdemeanor Domestic Violence and Aggravated Domestic Violence (felony) Charges are:

  • Classification:  Domestic Violence is a Misdemeanor. Aggravated Domestic Violence is a Felony.
  • Penalties: Misdemeanor Domestic Violence convictions do not carry prison sentences. Felony Domestic violence convictions will result in prison sentencing.  
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Following an arrest, you will be required to appear in court for an Arraignment.  This is your opportunity to inform the court of how you wish to plea, which dictates the type of criminal processing that takes place from there.   If you wish to obtain legal representation, and defend your charges, you should plead “Not Guilty”. This invokes your rights to a defense and retention of counsel.

Types of Court Pleas  

There are three ways a person can plead in an Arizona criminal court. Each will have a separate outcome in your case:

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Some call the conditions in Sheriff Joe’s controversial Tent city, cruel and inhumane. In the Arizona desert heat during the summer, temperatures inside the sun beaten tents often soar as to 130 degrees Fahrenheit. Some reported temperatures have been reported as high as 150 degrees

Sheriff Joe Arpaio defends his position on the conditions in Tent City. He repeatedly argues that conditions are no worse than the conditions US military service men and women on active duty experience in the Middle East.

One Tent City employee who worked as a cook for the inmates claimed ingredients had often expired, and the kitchen was filled with roaches and rats.

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“Some people mistakenly think that because a drug is synthetic or imitation, that it is legal.”

Law enforcement officials issued 17 search warrants in Maricopa County, as part of a nationwide operation targeting simulated illegal drugs including Cocaine, Meth, Marijuana and synthetic chemicals. The effects of such sales are being called an “epidemic” of the designer drug market.

Raids were conducted targeting manufactures, distributors, retailers, and individuals involved in sales of simulated drugs. Law enforcement in Arizona seized over $3 million in assets; over 3,000 pounds of synthetic Marijuana products and chemicals, and over 700 pounds of bath salts, including related substances, firearms and vehicles used in the illegal operations.

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Tempe Police are warning students returning to ASU to be cognizant of drunk drivers; thefts; and assaults. DUI, drug charges, and thefts, pose the largest threat to victims, and the most criminal arrests to those who are new to the school or unfamiliar with their surroundings and Arizona Laws. Here are a few safety tips that police and criminal defense attorneys want students or those new to the valley to know:

  • DUI safety checkpoints will be planned for Tempe AZ;
  • Driving while “impaired to the slightest degree” due to alcohol or drugs will result in arrest;
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Contact Information
Law Office of James Novak, PLLC
4500 S Lakeshore Dr #352
Tempe, AZ 85282
Phone: (480) 413-1499Text: (602) 908-8123

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