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Questions Answered by Jon Matthew Martinez
1 Answer | Asked in Criminal Law for Arizona on
Q: My bf was p/o doing 28 in a 25.they arrested him & charged w/burg in 3 degree,burg tool,poss of stolen prop, prohb possr

This happen in march. so when he sees the judge they throw out everything except burg tools and poss of stolen prop..he goes to jail and is there for a few days and they come tell him to roll up...and on sept 2 maricopa county has page 2'd him on the burg and burg tools..how is this sticking when... Read more »

Jon Matthew Martinez
Jon Matthew Martinez answered on Sep 30, 2011

The fact that the prosecutor has brought charges does not necessarily mean that they will stick. Truth is, you can be charged for anything. Whether those charges ultimately get dismissed is a different question. Because your boyfriend was speeding, the State will argue that the police had... Read more »

1 Answer | Asked in Domestic Violence for Arizona on
Q: My husband grabbed me and threw me down. Will the police do anything?
Jon Matthew Martinez
Jon Matthew Martinez answered on Sep 25, 2011

Arizona treats victims of domestic violence very carefully. The police are required to file a report and submit for charges if they believe a domestic violence assault has occurred. In addition, the police generally will arrest the suspect of the domestic violence assault and remove them from the... Read more »

1 Answer | Asked in Domestic Violence for Arizona on
Q: Do kids that are ages 12 and 11 that were subpoenad for trial have to attend? its a dc/dv case...
Jon Matthew Martinez
Jon Matthew Martinez answered on Sep 25, 2011

Generally speaking, if a person is served in person with a subpoena, they are required to come to the trial. If they are not personally served, the court would have no recourse if they did not attend the trial because they cannot be certain that they received the subpoena. That being said, I... Read more »

1 Answer | Asked in Domestic Violence for Arizona on
Q: What is the min/max sentence for 2nd time domestic violence offenders (boyfriend to girlfriend) in the state of Arizona?
Jon Matthew Martinez
Jon Matthew Martinez answered on Sep 25, 2011

If it is charged as a misdemeanor, the maximum penalty is 6 months in jail, a fine of $2,500 plus an 84% surcharge and probation for up to 3 years. You would also be required to attend domestic violence classes and counseling. If you are charged with a felony offense, the sentence would depend on... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: A first offense dui does that qualify for a diversion program?
Jon Matthew Martinez
Jon Matthew Martinez answered on Sep 24, 2011

Arizona has some of the strictest DUI laws in the country and unfortunately, there is no diversion program for first time offenders. Arizona law requires jail time for every single person convicted of a DUI, no matter how clean their past is. DUI is a class 1 misdemeanor offense and carries a... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: IS IT TRUE THAT ON YEAR 2007; THERE WAS A LAW PASSED ON A DRUG charge,CAUGHT WITH paraphanalia would have no bond?
Jon Matthew Martinez
Jon Matthew Martinez answered on Sep 24, 2011

I am a bit confused by your question. By no bond, do you mean that you will be held in custody or that you will not have to pay a bond in order to get released? Normally for a first time drug possession offender, you will be released by the judge, but they could require you to post a bond or to be... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I had a warrant issued on me 2yrs ago and have not took care of it on behalf of not knowing what it is for. what do i do
Jon Matthew Martinez
Jon Matthew Martinez answered on Sep 24, 2011

I would recommend hiring an attorney to help you out, assuming this is for a criminal matter. The first thing you or your attorney would need to do is quash your warrant by filing a motion with the court. Once that is done, you would need to set up a pre-trial conference in order to obtain the... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: When your house is broken into and you call the police, what is the officers duty to assit me in this situation?

TENANTS were evicted thru the courts. They returned. Police finally cuffed them and said I could only charge them with tresspassing not breaking an entry. Yet they said it was a felony. What is correct?

Jon Matthew Martinez
Jon Matthew Martinez answered on Sep 24, 2011

It is rather difficult to determine what the tenants will be charged with for a number of different reasons. First, the police are not the ones who charge people for their crimes. Neither are you. Rather, the police submit a case to the County Attorney's Office or other prosecuting agency and the... Read more »

2 Answers | Asked in DUI / DWI for Arizona on
Q: Prior case DWI - 84 months - is that from the date of arrest or conviction? Thanks
Jon Matthew Martinez
Jon Matthew Martinez answered on Sep 21, 2011

The 84 months should be from the date of the arrest, not your date of conviction.

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1 Answer | Asked in Criminal Law for Arizona on
Q: Can informent be use in a case if the informent is doing drug with anyone in any state
Jon Matthew Martinez
Jon Matthew Martinez answered on Sep 21, 2011

An informant can be used at any time, regardless of whether they are doing drugs or not. The problem from the prosecutor's point with an informant like that is any good defense attorney should be able to show that this informant is not reliable when they take the stand. Just make sure your... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I was denied access to my arrest records because the case is still under investigation, what can I do to obtain them?
Jon Matthew Martinez
Jon Matthew Martinez answered on Sep 21, 2011

Unfortunately, there may not be much that you can do at this point. I am assuming that you are attempting to get your police report also and at this point there may not be one that is completed. If your case is being investigated, the best thing that you can do is hire an attorney and do not... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: I received a dui in arizona 15 years ago,this is 2011 is their a statue of limintations for dui in arizona
Jon Matthew Martinez
Jon Matthew Martinez answered on Sep 21, 2011

In order for your 2011 DUI to be considered a second DUI for punishment purposes, your first conviction must be within 7 years. Your previous DUI from 15 years ago should not affect you too much, but often times prosecutors will attempt to increase your jail time slightly because of your first DUI.

1 Answer | Asked in DUI / DWI for Arizona on
Q: What is the penalty for getting a dui while on release to be sentenced for a 3 yr old dui
Jon Matthew Martinez
Jon Matthew Martinez answered on Sep 21, 2011

If you are convicted of a second DUI, the minimum sentence you can receive is 90 days in jail of which the judge may suspend 60 days if you complete alcohol counseling. If the second DUI is an Extreme DUI, you are facing a minimum of 120 days with 60 days that may be suspended with the completion... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: I was arrested on a warrant for my second offense DUI after I failed to appear, will i be detained at pre-trial?
Jon Matthew Martinez
Jon Matthew Martinez answered on Sep 21, 2011

It depends on what jurisdiction your warrant is out of. The judge has an option of doing a number of different things, including taking you in and requiring you to pay a cash bond, releasing you to pre-trial services with alcohol testing or simply releasing you on your own recognizance. You may... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Can a person be indicted twice in arizona or new charges be added to an existing indictment to include a child as victim
Jon Matthew Martinez
Jon Matthew Martinez answered on Sep 20, 2011

Yes, you can be indicted more than once for your case or an existing indictment may be amended to add other charges or victims. The Double Jeopardy Clause in the Fifth Amendment to the US Constitution protects individuals from being tried twice for the same crime by the same government. The clause... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Can a probation officer visit your residence more then once a day
Jon Matthew Martinez
Jon Matthew Martinez answered on Sep 20, 2011

Yes, if you are granted probation in Arizona, it is in lieu of prison. Your probation officer can visit you daily if they have the time. However, I would find it unusual for a probation officer to visit more than once in a day unless he finds something suspicious. Remember, if your probation is... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If a defendant states under oath "I will abide by the decision of the court", and then ignores decision (refuses to pay)

Has the defendant committed perjury? Is this an arrestable offense?

Court is in Arizona USA

Jon Matthew Martinez
Jon Matthew Martinez answered on Sep 20, 2011

If you are talking about a criminal matter, failure to pay a fine or a restitution order is usually considered a violation of probation or a violation of his release. If the defendant is not paying as required by the court and is on probation, the court may violate his probation and sentence the... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: What is the penalty for burglary in the third degree
Jon Matthew Martinez
Jon Matthew Martinez answered on Sep 20, 2011

Burglary in the 3rd degree is a class 4 felony offense in Arizona. The maximum penalty for a person with no prior felony convictions is 3.75 years in the Arizona Department of Corrections. It has a presumptive sentence of 2.5 years and a mitigated sentence of 1 year. Probation may also be... Read more »

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