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Questions Answered by Matthew Maerowitz
2 Answers | Asked in Criminal Law for Arizona on
Q: I was chrged twice on the same issue. First, it was dismissed, only to be refiled . Isnt that double jeopardy?

Prob. Revocation hearing that originally was set for 6/21 till 7/30 authorized motion 8.4 and 8.5 criminal procedure, not to exceed 30 days. Andit has, so now what?

Matthew Maerowitz
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Matthew Maerowitz
answered on Jul 30, 2018

It depends how the charges were dismissed. The same charges can get refiled if the dismissal was WITHOUT prejudice. If it was WITH prejudice, then charges may be refiled so long as they comply with the applicable statute of limitations (time limit for filing). I am a bit confused by your... Read more »

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1 Answer | Asked in Personal Injury and Car Accidents for Arizona on
Q: My son was rear ended and not at fault, but he has no insurance. Anything we can do?
Matthew Maerowitz
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Matthew Maerowitz
answered on Jul 27, 2018

Hopefully your son is okay! The good news is that in Arizona, he can still recover from the at-fault party even if he was not insured. If he was insured but the at fault party was not insured, then you can still recover with the likelihood depending on whether your son has uninsured motorist... Read more »

2 Answers | Asked in DUI / DWI for Arizona on
Q: I got a first time DUI. Will I need legal representation for first-time Court hearing
Matthew Maerowitz
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Matthew Maerowitz
answered on Jul 13, 2018

Yes you will need legal representation. DUI in Arizona carries mandatory minimum jail time. If you cannot afford an attorney, an attorney will be appointed to represent you at little or no cost.

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2 Answers | Asked in Criminal Law and Civil Rights for Arizona on
Q: I'm being charged disorderly conduct -weapon/instr but had no firearm on my presence before or during the arrest

I would like to know what I can do against my charges

Matthew Maerowitz
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Matthew Maerowitz
answered on Jul 5, 2018

Disorderly conduct is a frustrating charge in my experience as a criminal defense attorney because it many times gets charged when there isn't much more than an argument. In your case, the State is alleging aggravated facts because it sounds like it is being charged as a felony. How it is... Read more »

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1 Answer | Asked in Criminal Law for Arizona on
Q: I was charged with 3 disorderly conduct misdemeanor class 1 and criminal damage misdemeanor class 1. Arraignment April 5

I was wondering if I never been in trouble with the law before. What will happen on my arraignment. I was booked then released the sane night.

Matthew Maerowitz
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Matthew Maerowitz
answered on Mar 29, 2018

At the arraignment you will plead guilty or not guilty. Normally, you will want to plead not guilty, but depending on the jurisdiction you might meet with advisory counsel and an acceptable agreement will be offered for a guilty plea or diversion. Sounds like this might have been alleged as... Read more »

1 Answer | Asked in Criminal Law and Probate for Arizona on
Q: Will Florida extridit from Arizona on a misdemeanor probation absconder.
Matthew Maerowitz
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Matthew Maerowitz
answered on Mar 29, 2018

I can't speak for Florida, but Arizona typically does not extradite for misdemeanors. However, there are typically other consequences when you have an outstanding misdemeanor warrant such as warrant fees being assessed and driver license suspension.

1 Answer | Asked in Criminal Law and Probate for Arizona on
Q: Will Florida extridit from Arizona on a misdemeanor probation absconder.
Matthew Maerowitz
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Matthew Maerowitz
answered on Mar 29, 2018

I can't speak for Florida, but Arizona typically does not extradite for misdemeanors. However, there are typically other consequences when you have an outstanding misdemeanor warrant such as warrant fees being assessed and driver license suspension.

1 Answer | Asked in DUI / DWI for Arizona on
Q: What if the case was refilled and I took a guilty plea that resulted in me having to take alcohol evaluation and MADD.

While also completing 100 hrs of community service with the courts promise to vacate the case after I had finished all of these things does that mean I can get my license back ?

Matthew Maerowitz
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Matthew Maerowitz
answered on Jan 29, 2018

It sounds like you are doing what you can to be compliant with the court's orders which is good, but your license reinstatement is handled separately through the MVD. You will need to contact the MVD to figure out what needs to be done to get your driving privileges reinstated.

1 Answer | Asked in DUI / DWI for Arizona on
Q: I went to turn myself into jail on 1/12 and they said they couldn't keep me because the date was for 2017 not 2018.

Would that be grounds to get the jail time thrown put since it was their error?

Matthew Maerowitz
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Matthew Maerowitz
answered on Jan 16, 2018

No. You will still have to serve the jail. Unfortunately, this is a common issue. Go back to the Court and get a new confinement order with a new self-surrender date that is listed correctly. If you don't, you will get a summons for an Order to Show cause or Petition to Revoke Probation.... Read more »

2 Answers | Asked in DUI / DWI for Arizona on
Q: I have a question can dui's that are nine years old be used against me in court?
Matthew Maerowitz
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Matthew Maerowitz
answered on Jan 8, 2018

It is a bit unclear what you are asking. It depends on the type of DUI as well as the purpose the prior is being used for.

Do you have a new DUI and asking whether the old DUIs will increase your sentence? A misdemeanor DUI over 7 years from the date of offense from a present DUI will not...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Where can I go to find out if I have any pending charges, citations, tickets, misdemeanors, or court dates under my name
Matthew Maerowitz
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Matthew Maerowitz
answered on Jan 8, 2018

You can check public access (google Arizona public records); however, not all jurisdictions are on there. If you know the location you were pulled over/arrested then give it a few days and call the courts there. For example, if it was in Tempe, then you should call the Tempe City Court and ask.... Read more »

1 Answer | Asked in Traffic Tickets, Criminal Law and DUI / DWI for Arizona on
Q: How do I obtain a copy of the actual traffic tickets issued to a driver who hit, killed, my sister and did not report.

Driver is 19 years of age and had 3 previous speeding violations before he hit my sister and left her on the side of the road for dead. All violations were reduced to 15-20 miles over speed limit via on-line public court website. I'm interested in obtaining original copies of the tickets... Read more »

Matthew Maerowitz
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Matthew Maerowitz
answered on Nov 14, 2017

You can make a public records request. If a crash report was drafted, it is usually available to the public upon request upon paying a small fee. Some jurisdictions allow you to get the crash report online if you know information related to the accident such as the incident number. You can... Read more »

1 Answer | Asked in Communications Law and Criminal Law for Arizona on
Q: Will the cops go across the united states to arrest someone for exchanging nudes with a minor?

So I meet this girl on a 18+ dating app she asked for my number I give it to her I then get multiple pictures of nude photos I then send some back and then I noticed she was minor after i already sent the nudes she apparently lives in South Carolina and I live in Arizona what will happen? Her... Read more »

Matthew Maerowitz
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Matthew Maerowitz
answered on Nov 14, 2017

This sounds a lot like a scam. I answered your question previously. To be safe you should never text nude photos to ANYONE.

1 Answer | Asked in Criminal Law for Arizona on
Q: What are the legal laws when you find out someone you have been sexting turn out not to be the age they say they are
Matthew Maerowitz
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Matthew Maerowitz
answered on Nov 14, 2017

This sounds like a scam by the "father" to get you to pay money.

Regardless, you should not admit to anything as it could trigger a criminal investigation and very serious charges. In the future you should never be sexting, as you have already discovered, it can get you in trouble.

1 Answer | Asked in Criminal Law for Arizona on
Q: In May 2011 I successfully petitioned and had a Class D conviction (Strangulation) amended to Class A Misdemeanor

I was convicted in Indiana in 2007 but reside in Arizona now, no crimes/convictions. Would I be successful in restoring my right to own a firearm?

Matthew Maerowitz
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Matthew Maerowitz
answered on Jul 1, 2017

You will have to re-post this question in Indiana as that is the jurisdiction that convicted you.

1 Answer | Asked in Criminal Law for Arizona on
Q: If I pay equal rent as my roommates, can I legally walk around naked if I choose to so long as it isn't sexual in nature

Also can I do it as a form of protest under the first amendment?

Matthew Maerowitz
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Matthew Maerowitz
answered on Jul 1, 2017

Not all forms of "speech" are protected under the First Amendment. This is a lengthy and contested issue and tons of court cases on the extent of protection under the First Amendment. Arizona also has indecent exposure laws that could render your conduct criminal.

If your...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Im in need of a pro bono attorney. What can we do if denied a speedy trial?
Matthew Maerowitz
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Matthew Maerowitz
answered on Jul 1, 2017

Rule 8 deals with your right to a speedy trial. Ask the court for a court-appointed attorney. If you are unable to afford an attorney and there is the possibility of jail time, an attorney will be appointed to represent you at little or no cost.

2 Answers | Asked in DUI / DWI for Arizona on
Q: My fiance had a DUI in 2012 but he was arrested last night for failure to appear

- but his lawyer had told him it was all cleared up. What do we do?

Matthew Maerowitz
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Matthew Maerowitz
answered on May 6, 2017

What likely happened is this was a refile. The DUI first time around was probably dismissed pending blood results. Then once the blood results came back positive for drugs or alcohol above .08, the State refiled the DUI charges. A summons and complaint was likely mailed to his last known... Read more »

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1 Answer | Asked in Criminal Law and Employment Law for Arizona on
Q: What exactly are the benefits of a "set aside" judgment?

I recently had shoplifting and a marijuana charge "set aside" by the Phoenix court. I am aware this is not the same as expungment. So my question is, can these charges still be held against me when renting an apartment or applying for a clearance card? I cant seem to find a straight... Read more »

Matthew Maerowitz
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Matthew Maerowitz
answered on Mar 1, 2017

The reason you aren't getting a straight answer is because the charges, even if set aside, are still accessible when a background check is run. A set aside is different from an expungment because it doesn't seal the record. An employer for example running a background check can still see... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: a friend and myself were out target shooting one night and i forgot my gun in his truck.

He was later pulled over and is being charged for possession of weapon by a prohibited person. How can I legally claim that weapon and get that charged dismissed?

Matthew Maerowitz
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Matthew Maerowitz
answered on Mar 1, 2017

You need to present a claim immediately to establish ownership because the firearm risks being forfeited. You should contact an attorney to assist you with the forfeiture proceedings

There might be an issue regarding possession, but he should contact a separate attorney.

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