Arizona Criminal Defense

February 16, 2018

Does Enhanced Sentencing Apply under DCAC if Victim is Fictitious?

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. In some cases the prosecution can offer participation in a deferred prosecution program if it is available for certain types of criminal charges.

Last year Maricopa County Superior Court reported that of 99.8 percent of terminated 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.

March 30, 2017

What You Need to Know about the Medical Blood Draw Exception

4 Things Arizona Supreme Court Needs to Admit Results

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

Under the Fourth Amendment of the U.S. Constitution, a person has the right to be protected from unlawful searches and seizures.

This protection extends to a DUI blood test. Consequently, police need a suspect’s consent or a search warrant to obtain a blood sample for a DUI investigation.

Without the person’s consent or a search warrant, it is unlawful for the police to collect a DUI blood sample.

January 3, 2017

4 Deadly Arizona Criminal Charges in Domestic Disputes

Aggravated Assault, Weapons Misconduct, Domestic Violence, Failure to Obey Police Orders: Laws, Penalties, and Criminal Defense in Arizona

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

In Arizona, we recently learned of a tragic story.

Police officers answered a domestic dispute, and the suspect was fatally shot by police.

When the officer arrived on scene, he encountered a woman outside a home.

September 9, 2016

Mistake of Law: How to Challenge Your Unlawful Stop

Arizona Court of Appeals: Mistake of Law must be Objectively Reasonable to Avoid Suppression of Evidence obtained after the Stop

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

Can an Arizona Police Officer’s misreading of a clear and unambiguous law give rise to reasonable suspicion, thereby making a stop lawful?

This was a question for a recent Arizona Appeals Court to decide. In the case, the court considered whether a deputy had reasonable suspicion to stop a driver because the officer thought the rear display light on his vehicle was unlawful.

This article takes a closer look at how defense successfully challenged an unlawful police stop due to the police officer’s mistake of law with these topics: