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Arizona Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Arizona on
Q: Can I face criminal prosecution for writing fantasy role-play emails to someone I met on a sexual dating service?

I encountered Janet through alt.com an online dating service that specializes in Dominant/submissive relationships.

When we were about to meet in person, suddenly she had to go to Nigeria for a big inheritance.

While waiting for processing, we exchanged explicit emails -- mostly... Read more »

Richard W. Noel
Richard W. Noel
answered on Feb 15, 2022

Let's think this through.... A woman you've never actually met was arrested in Nigeria for something you had nothing to do with. But you've been told by her "lawyer" that you need to pay $4500? That's called a shake down. And you're being taken for a ride as a... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Car Accidents for Arizona on
Q: Can the judge deny and refuse to argue a motion to dismiss?

I have two charges that were based on thr black box of the car (Event Data Recorder) extractEd 4 months after the accident. The charges are speed and Reckless Driving.

The officer who charged me had no experience dealing with the EDR, and I had an altercation with him which resulted in me... Read more »

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Feb 14, 2022

The judge is correct the time to argue facts are trial. I understand this is not the answer you were hoping to hear, in criminal cases there is not a Motion for Summary Judgment where you are permitted to get a ruling of guilty or not guilty based on undisputed facts prior to trial. You can... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Arizona on
Q: I'm required by the court to do a drug screening can I do one I get from walgreens or do I have to go to a lab

If so will ahcccs cover it or how much is it

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Feb 14, 2022

If by drug screening you are referring to UA ordered by Court/probation/pretrial services to determine whether there are any drugs in your system, typically you will be ordered to a specific provider such as Averhealth. You will have to go to that provider unless you will get permission from the... Read more »

1 Answer | Asked in Criminal Law and Identity Theft for Arizona on
Q: How can I find a pro bono lawyer?

I wasn’t sure which box to check for burglary, but I am reaching out for a long time family-friend of mine who is already incarcerated. I believe he was working with a court appointed attorney here in Pima county but she does not keep in contact. He has not heard from her for quite some time, to... Read more »

Richard W. Noel
Richard W. Noel
answered on Feb 9, 2022

Pro Bono attorneys are public defenders. That's what he has. They aren't private attorneys. As a former deputy public defender I can confidently say they have a huge caseload of hundreds of other cases. They don't have time to "check in" regularly. They're not there to... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Arizona on
Q: Arrested on possession charges I was asleep in my vehicle and I woke up to police in my car searching my purse 4th am?

After ten minutes of searching they say they found heroin next to my shifter and come and ask me if it was heroin. They told me they had probable cause to search. How can this be if they found drugs ten minutes after there search. Just because I was sleeping. Does that mean they can enter my... Read more »

Richard W. Noel
Richard W. Noel
answered on Feb 9, 2022

I don't entirely understand your question. If there was something that "through training and experience" an officer believed something to be heroin in plain view, they have probable cause for a search. Was there body cam? Dash cam? I suggest speaking with your attorney who can review... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Is it legal for a judge presiding over a grand jury to assign the case to himself if the case is moving forward?

Also is it normal for a grand jury to deliberate for only 4 minutes?

Richard W. Noel
Richard W. Noel
answered on Feb 9, 2022

What you're describing sounds odd. And to answer your other question, it's not abnormal. Grand juries aren't given a lot of information to make a probable cause finding. Therefore, they don't take long to deliberate that a crime was probably committed and that the defendant probably did it.

1 Answer | Asked in Libel & Slander and Criminal Law for Arizona on
Q: Mistaken identity wrongfully charged with a crime

Nobody bothered to further investigate the surveillance footage to verify whether or not it was even me no investigating officer met me in person to compare me to the footage and now a year later I'm going to jury trial for a crime I didn't commit that I've already been charged with.

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Feb 9, 2022

If you are going to jury trial it sounds like you already have an attorney and this is something you want to discuss with your attorney. If you have not hired an attorney it is strongly advised you consult an attorney immediately. The prosecutor is required to prove beyond a reasonable doubt that... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Sexual Harassment and Criminal Law for Arizona on
Q: I would like to know if which lawyer is recommended in sexual misconduct cases of detention officer abusing his post.

Occured last December at the Yuma county jail. It happened to my boyfriend and several other inmates within the same pod. The detention officer was masturbating and finished at the inmates door while they tried to sleep.

Mike Branum
Mike Branum
answered on Feb 7, 2022

You would need to report this behavior to the Yuma County Sheriff. If you get no response there, you would next turn to the Arizona Office of the Attorney General.

While it is possible the inmates could sue in civil court, without an investigation and findings from a law enforcement agency,...
Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If your arrested and charged with aggravated assault with serious injury, reckless handling/discharge of a weapon, diso

Disorderly conduct-fighting and endangerment then get a plea offer charging u with aggr. Assault and assault how did they come up with the assault charge that prev wasnt a charge?

Mike Branum
Mike Branum
answered on Feb 7, 2022

The prosecutor has the ability to amend the Information to include new charges. Possibly a second victim or second incident? The defendant's defense attorney should be able to explain the charges.

1 Answer | Asked in Criminal Law for Arizona on
Q: How an I obtain information on an out of state sealed indictment only the police have been able to see 10yrs old?

I have tried to contact the courts and police departments in said out of state county to no avail.

Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

My question to you would be "why do you need a 10-year-old indictment?" Generally grand jury indictments are sealed and you are NOT privy to them. They're secret proceedings. Being that it's 10 years old, you would need some grounds to convince the court to give you a sealed... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If the a prosecutor depends solely on 404b evidence to convict on a criminal case will the judge allow 404b evidence?

If the prosecutor depends on prior acts to get a conviction does that mean the case is weak? I'm being tried on a promiting prison contraband charge and I was never found in possession of the actual contraband. It was found in my living area.

Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

Every piece of evidence in a case is always subject to a 403 analysis. That means if the evidence is good and can be admitted, it still must be shown to be "relevant" an "not unfairly prejudicial". Whether a case is strong or weak is entirely on a case-by-case basis and... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Arizona on
Q: Ex recorded a phone call between me and him for the police but he is a convicted felon is the recording inadmissible

Since he is a felon is the recording inadmissible or is it valid? Can police use felons to try to get things on you.

Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

do you know how many criminal informants are felons? And every jailhouse snitch is probably a felon. So the answer is YES. Felons are used all the time to help secure convictions. That recording CAN be admissible. But that doesn't mean it MUST be. An experienced attorney who knows the rules of... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: How can I give the court a character letter if I don’t have the public defender’s information
Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

Have you spoken with the defendant? You should be able to look up the case in the public record and it will list the Public Defender's information. Then you can call their office and figure out how to send them the letter (whether snail mail or email).

1 Answer | Asked in Criminal Law for Arizona on
Q: how much time would my husband be looking at for these charges Charge: 10 Counts of [POSS WPN BY PROHIB PERSONDANGEROUS

not his first time and has pending drug charges

Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

Generally a Class 4 Felony can lead to a lengthy sentence. However, how long generally depends on how many priors one has. Presumptive sentence is 2.5-12 years depending on priors. That is per count. There's always a possibility of those being run consecutively (stacked) or concurrently... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I need legal representation immediately but I don't have any money can someone please help
Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

A free attorney is a Public Defender. You need to request one from the court, who will make you jump through a few hoops to determine if you're indigent. If so, your case will be assigned to a public defender. As a former Deputy Public Defender I can say they have a horrible reputation from... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: if the witness was fabricated, how does the case still move forward from the initial arraignment?

can the accused (incarcerated presently) attend an arraignment without legal representation and no witness?

Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

Arraignments aren't a time for witnesses to be present generally. That's typically a Grand Jury indictment or Preliminary Hearing. If you cannot afford an attorney, one will be appointed to you. Usually before the arraignment. If you "can afford one" but didn't, the judge... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Arizona on
Q: Can I get out of jury duty for saying?

Can I get out of jury duty if I tell them my opinions wouldn’t be fair as a juror? Such as, I always side with law enforcement on every issue, which would make me too biased on the jury.

Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

No attorney worth their salt would undermine the process of Jury Duty by telling you what you should say to get out of it. As much as people dread it, our society couldn't function without citizens willing to sit through trials and examine evidence to reach a conclusion.

1 Answer | Asked in Criminal Law for Arizona on
Q: In felony murder cases does everyone involved get charged or can the prosecutor decide who he will charge?
Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

The prosecutor always has the last say in who will be charged with what, and that's generally based on the available evidence when the case is presented to them. However, in the case of felony murder, if you're in AZ, I would suspect that anyone present and "involved" in the... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If contacted by a detective about a stament I mabe do I need to talk to them
Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

You're not obligated to speak with detectives at this point. However if you choose to, you really should only do so with an attorney present to represent you. Good luck.

2 Answers | Asked in Criminal Law for Arizona on
Q: If contacted by a detective about a stament I mabe do I need to talk to them
Brian C. Soto
Brian C. Soto
answered on Feb 2, 2022

No, you’re not required to speak to detectives or any law enforcement for that matter. You have the right to remain silent and the right to have an attorney present during questioning. You must however expressly invoke these rights. Meaning you must tell the detective that you wish to remain... Read more »

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