Due Process

Published on: February 6, 2013

U.S. 9th Circuit Court of Appeals Reverses Drug Conviction

The US 9^th Circuit Court of Appeals Reversed a Drug Conviction recently based on the cumulative effect of violations resulting in error by the lower court.

The errors pertained to two denials of requests for discovery by the defendant and violations in Rules of Criminal Procedure for sentencing.

The panel found that although the lower court abused its discretion in denying certain discovery requests by the defendant because the record did not clearly establish what exculpatory evidence, if any, may have been produced if the request had been granted; and what effect it may have had on the trial outcome. As a result, The 9^th District court vacated the conviction and remanded for continued proceedings to include evidentiary hearings.

Continue reading →

Published on: January 8, 2013

Lawsuit Alleges State Trooper Made Career out of Falsifying Arrests

By James E. Novak, P.L.L.C.

False Arrests: One reason you should know the law and your rights

Unjustified DUI Arrests

“I told her…‘You’re making the biggest mistake of your life. I haven’t had nothing (anything) to drink”, said a suspect arrested by a former Utah State Trooper.

Continue reading →

Published on: January 2, 2013

Due Process Isn’t Automatic; It Must Be Enforced

By James E. Novak, P.L.L.C.

Invoking rights for a DUI: “Due process” begins at the police stop, not the court Room

What is “Due Process? It is the duty of the Courts, State of Arizona, and the Government to respect a person’s rights, rules and principles afforded under the Constitutions and Bill of Rights. Despite Due processes of law, we often see injustices in criminal processing. For this reason, it is wise to become familiar with your rights; invoke them, and retain a good legal advocate to make sure they are enforced.

The right of “Due Process” is found under the Fifth and Fourteenth Amendment of the US Constitution is the right of a defendant to obtain exculpatory evidence. This is material evidence that is in favor of the defendant; that could lead to a suppression of evidence or a dismissal of criminal charges. These disclosure obligations of “Due process of law” is afforded in the Arizona Constitution, Article 6 Judicial; Section 4.

Continue reading →