Arizona Criminal Defense Attorney Blog

August 2, 2018

What You and Your Passengers Need to Know about Police GPS Tracking

Your Rights and Arizona GPS laws

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

The U.S. Supreme Court previously held that Global Positioning System (GPS) tracking on a driver’s vehicle comprises a search under the 4^th amendment. This means that police need a warrant to conduct GPS tracking on a vehicle owned or driven by a suspect when the vehicle is legally in their possession.

Earlier this year, the Arizona Supreme Court issued a landmark opinion in an Arizona drug trafficking case in which the passenger in a GPS tracked vehicle was arrested in addition to the suspect driver.

In the case, the Arizona Supreme Court ultimately affirmed the defendant’s conviction, finding that the officers who conducted the search relied on previous case law in place, that held the conduct was permissible. With that, the court determined that the police acted properly and did not suppress the evidence, based on the good faith exception.

May 23, 2018

How to Avoid Self- Incrimination while in Custody for Aggravated Assault Charges

3 self-incrimination traps to avoid; How to invoke your rights; Aggravated assault penalties in Arizona; How to resolve your criminal charges

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

Arizona jails and prisons have measures in place to assure no criminal activity is in progress related to the defendant’s communications.

Authorized jail and prison officials screen mail, and record suspects’ phone calls.

The information they obtain may be used to prosecute pending or future criminal charges. The exception to this would be privileged communications between a defendant and their criminal attorney.

February 16, 2018

Does Enhanced Sentencing Apply under DCAC if Victim is Fictitious?

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

The Arizona Supreme Court recently ruled that enhanced sentencing does not apply if the victim is fictitious.

Under Arizona’s Dangerous Crimes against Children statute (DCAC), a person convicted of a sexual crime against a child is subject to enhanced sentencing. These penalties are severe and designed to provide greater punishments to those convicted of the offenses.

The question for the Court in this case was whether or not enhanced sentencing should be imposed under A.R.S. § 13-705(P) (1), when there was no actual victim.

November 4, 2017

Admissibility of Expert Testimony in Domestic Violence Charges

Arizona Supreme Court Limits Admissibility of “Cold” Expert Testimony

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

If you were arrested for domestic violence or assault, the prosecution may attempt to use profiling evidence or “cold” expert witness testimony against you.

Profiling evidence and “cold” expert witness testimony is not always admissible. The decision about admissibility is a decision for the court. When making this determination the court will consider the rules of criminal evidence, content, relevance and objectivity of the testimony.

If improper witness testimony is admitted, it can potentially lead to an unfair guilty verdict. Therefore, proper challenges should be made as to the admissibility of planned expert witness testimony.

September 13, 2017

How to Challenge Your Narcotics Transportation for Sale Charges

A Review of 3 Uncommon Criminal Defenses Used for Drug Trafficking Charges

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

In a recent Arizona Court of Appeals drug case, the court considered a defendant’s conviction for narcotic drug trafficking charges. The defendant was sentenced to a presumptive five-year term of imprisonment and appealed the conviction.

The defense argued that (1) the drugs found in his car should have been suppressed, (2) improper profile testimony was admitted, and (3) the sanction imposed for a Batson violation wasn’t adequate.

Drug trafficking charges are multi-facet in nature, and challenges can take place on numerous fronts. In this article three types of challenges will be discussed:

August 21, 2017

What You Should Know about Threats, Guns and Assault Laws

Criminal Defense for Intimidation, Threats, and Firearms on School Grounds Mesa AZ

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

Currently the state of Arizona limits circumstances in which firearms can be carried onto school grounds.

Unless specifically outlined by law, carrying a loaded firearm on any school grounds will result in criminal charges under Arizona’s Weapons Misconduct law A.R.S. 13- 3102(12).

This article outlines the weapons misconduct laws related to guns on school grounds, threatening and intimidation (assault) laws; and criminal defense for weapons misconduct and assault charges.

August 1, 2017

How to Avoid Probable Cause to Arrest for Unlawful Flight

5 Things You Should Know about Your Rights in a Police Stop and Arrest

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

You cannot be arrested solely for a non-criminal traffic violation in Mesa, AZ.

However, that changes if you fail to stop or try to elude police when you are signaled to pull over. Failure to stop violates Arizona’s unlawful flight laws.

The most important thing you can do when you realize police are signaling you to stop, is to pull over safely and promptly.

June 19, 2017

What You Need to Know About Your Rights in a Frisk

Arizona Supreme Court considers factors that create reasonable suspicion to justify police frisk.

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

What is a Frisk?

A frisk in the context of a law enforcement search is also known as a pat-down.

It is less intrusive than a full body search. The purpose of a frisk is to ensure an officer’s safety by confirming that a suspect encountered by police is not armed and dangerous.

May 11, 2017

3 Things You Need to Know about Plea Deals and Deferred Prosecution

How to Protect Your Rights in a Plea Bargain and Deferred Prosecution

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

If you have criminal charges, it is likely that you will be faced with the decision of whether or not to take your case to trial. As an alternative to trial, you may be offered a plea deal or participation in a deferred prosecution program.

Last year Maricopa County Superior Court reported that of 99.8 percent of terminated DUI and criminal cases, only 2.2 percent went to trial.

The United States Sentencing Commission (USSC) reported similar statistics in 2016. The USSC reported 97.3 percent of criminal cases were resolved without trial, while only 2.7 percent went to trial.

April 7, 2017

How to Protect Your Rights Under the Unconscious Clause

Arizona’s Unconscious Clause permissible only with consent, warrant, or case-specific exigent circumstances; What happens when your rights are violated

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

In Arizona police are permitted to request a warrantless, non-consensual blood draw, from a DUI suspect who is unconscious under A.R.S. §28- 1321.

The blood draw may be unconstitutional if an individual’s rights are violated in the process.

Recently, the Arizona Supreme Court ruled that the unconscious clause is permissible only when invoked non-routinely, under exigent circumstances that are case-specific.