James E. Novak
Published on:

By

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.

Continue reading →
Published on:

By

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

Continue reading →
Published on:

By

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.  
Continue reading →
Published on:

By

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:

Continue reading →
Published on:

By

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.

Continue reading →
Published on:

By

“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.

Continue reading →
Published on:

By

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;
Continue reading →
Published on:

By

Aggravated Domestic Violence Charges

Aggravated domestic violence is a class 5 Felony in Arizona. “Aggravated” Domestic Violence charges are Misdemeanor charges that are elevated to Felony charges due to the charge being a repeat offense that occurred within 7 years of a prior conviction. A person may be guilty of Aggravated Domestic Violence charges under A.R.S. § 13.3601.02 for a repeat offense of misdemeanor domestic violence Domestic Violence Convictions when:

“A person commits a third or subsequent violation of domestic violence offense within 7 years (eighty four months).”

Continue reading →
Published on:

By

A “mistake of fact” is a common justification defense used to challenge criminal charges.   It means that a violation of the law occurred, but only as a result of a mistaken fact.

For example, let’s say a person is on a business, and must rent a vehicle.  They then have to use valet parking for their business meeting.  At the end of the day, the valet parking attendant, inadvertently mixes up the keys, and brings you someone else’s white car, same make, model and year.  You drive the car away.  The next morning, you are contacted by police for questioning in the theft of the real owner’s vehicle.  You did not know the valet brought you the wrong vehicle; and you did not intend to permanently deprive” the real owner of their vehicle.

Therefore, in the event of charges brought against the store owner, the “mistake of fact” would be a justifiable defense.

Continue reading →
Published on:

By

DUI Arrest Based on Blood Results in Chandler AZ

If the police suspect a motorist is impaired due to drugs, or a suspect refuses to allow the police to conduct a breath test, they will get a warrant to proceed with Drug DUI blood test. If the test results are positive for drug or alcohol and the police had probable cause to believe a person was driving impaired to the slightest degree, an arrest will be made.

A positive DUI drug or alcohol blood test does not mean you will be found guilty. It means a person is may be charged, and that they will have a chance to defend those charges. The best way to do this is to retain legal counsel to represent you. They will examine the evidence to determine if the blood tests results were compromised and if so they will file a motion to suppress the evidence.  Below are 10 common areas of defense related to blood test evidence (List is not all inclusive):

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