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Questions Answered by David A Black
1 Answer | Asked in Criminal Law for Arizona on
Q: What can I do to get charges lowered on forgery case?

I was arrested in Phoenix AZ using a fake ID. They charged me with Forgery, however the circumstances are this. My wallet was stolen and I found out my ex-wife was neglecting my children in South Dakota. I got the ID to get to SD through the airport and I was found quickly. I have a public... Read more »

David A Black
David A Black answered on Oct 18, 2012

It's not clear why you a fake to get through the airport, but I wouldn't go into any detail here about the alleged crime. If this is your first offense, you will likely have an automatic plea to a reduced charge and something less than a class 4 felony. If you have priors or are not willing to... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: How long does someone have to file assault charges after the incident occurs?
David A Black
David A Black answered on Oct 18, 2012

Assuming you mean criminal charges, it would depend if it was a felony or misdemeanor. The statute of limitations on a misdemeanor is one year; the statute on a felony is 7 years. If there was a weapon involved or serious injury it would be filed as a felony; however, usually if the police are... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: What could I do to avoid losing my Secured Appearance Bond and/or going to jail if I were to get cited for a DUI in AZ?

Also, if I were released from custody because I agreed to set someone up for a drug bust and then didn't, what would happen?

David A Black
David A Black answered on Aug 7, 2012

As long as you follow release conditions, you should not lose your secured appearance bond. If you were out on release for some other offense and commit a new offense, you may lose your bond, but it is more likely that either nothing will come of it or you will have a change in your release... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: My husband didn't take the plea agreement but now he wants it can he get it again
David A Black
David A Black answered on May 27, 2012

The short answer is maybe, maybe not. Defendants do not have a right to a plea agreement and when one expires it is usually solely within the prosecutor's discretion to re extend it. However, my personally experience is that if the prosecutor has not done too much extra work yet and trial is not... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: What is the max sentence for Solc. poss. narc. drug? ARS-13-3408
David A Black
David A Black answered on May 15, 2012

The maximum sentence for solicitation to possess narcotic drugs (personal use class 6 felony) is two years, unless the defendant is eligible for mandatory probation under A.R.S. 13-901.01. This assumes the defendant has no prior felony convictions, in which case the max is extremely unlikely.... Read more »

1 Answer | Asked in Identity Theft for Arizona on
Q: I am a victim of Identity Theft. And there is a warrant out for my arrest. what should I do?
David A Black
David A Black answered on May 15, 2012

That is a tough question. My advice would be to contact a defense lawyer in your area to see what the facts are about your warrant. Obviously it would be best to quash the warrant. In most cases that would not be too difficult. Alternatively you could have an attorney call your local authorities... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If I am court ordered to see a doctor in jail but detention officer tells me I have the right to refuse, why am I charge

Charged with attempted agg assault for refusing to see doctor and the police report never mentioned officer for giving me permission to refuse. Do I have a case for 1983 civil lawsuit? Because officers definitly used excessive force while removing me from cell and I suffer neck and back injuries... Read more »

David A Black
David A Black answered on May 14, 2012

Your question is not very clear but make sure you don't let the statute of limitations run on your 1983 claim. Contact a civil plaintiff attorney ASAP for more answers. Suits against the state have strict time limitations, some but probably not all have already lapsed in your case.

1 Answer | Asked in Criminal Law for Arizona on
Q: My co defendant was ordered to pay $300 restitution and i was ordered to pay $11 grand.Aren't both equally responsible

Company got all items back say was took,but i'm being charged for total amount on police report.she had lawyer i didn't what do i do can i get mine lowered to her amount? is that right she plead guilty i didn't?

David A Black
David A Black answered on May 14, 2012

Good question. Ordinarily, you would be correct: co defendants in criminal cases are often held jointly and several liable for the direct loss sustained by a victim of their crime or crimes. However, depending upon your jurisdiction the judge could order a more specific sum to each party depending... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Should a defendant genes be considered as a factor in criminal behavioir
David A Black
David A Black answered on May 12, 2012

This is a really interesting question. The fact is that genes are not considered, unless the defect causes an individual an inability to discern right from wrong. Shoud it be considered is a different question. However, this seems more like a question of opinion than law. In AZ guilty except insane... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: WHAT DO I EXCEPT FROM A 1ST TIME OFFENSE FOR A 28-3480 FINES AND SU
David A Black
David A Black answered on May 12, 2012

A person who operates a motor vehicle in violation of a restriction is guilty of a class two misdemeanor, which is punishable by up to four months in jail and fines. Don't expect this result, though it is possible, as is a re suspension f your license. As your lawyer I would be curios to know what... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Do i have to file in writing a claim of ineffective assistance of counsel or does that get brought up during a hearing

Defendant wants to get assigned a new lawyer, he is currently assigned a court appointed pro bono attorney that is not through the public defenders office.

David A Black
David A Black answered on May 12, 2012

Innedfectuve assistance is something that would be raised either on appeal or through rule 32 post conviction relief. It is not usually raised during proceedings. However, if you want a change of counsel you'll need to file that request in writing with the judge and usually the judge will be... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: What are the general restrictions placed on a convicted distributor of child pornography by a parole officer in Az.?
David A Black
David A Black answered on May 12, 2012

Generally anyone convicted of a sexual offense will have two different requirements: to follow terms of sex offender probation and to register. Sex offender probation carries restrictions about where he can be, proximity to minors, computer restrictions, psycho sexual evaluations and more. I hope... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: How do i report a mandatory reported for failure to report
David A Black
David A Black answered on May 12, 2012

You have to go to your local police, but the question is not clear. Feel free to contact my office before taking any steps. If you are referring to failure to register, that is a class four felony. Please seek out specific advice from a licensed attorney.

1 Answer | Asked in Criminal Law for Arizona on
Q: What would the sentence of a 34 year old be of convicted for sexual assault and foundling Child while being drunk
David A Black
David A Black answered on May 10, 2012

The answer to this question really depends upon whether or not the defendant has prior history and the age of the victim. Being drunk is not a defense to the mental element of a crime in Arizona. Because of the severity of the potential penalty please consult an attorney in person so more specifics... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If a person plead guilty to a non-dangerous, non-repetitive class 4 felony would he be prohibited from possessing a gun?

What is the legal term for a prohibited possessor in Arizona?

David A Black
David A Black answered on May 8, 2012

Yes absolutely. Prohibited possessor is a legal term in Arizona. The charge is Misconduct Involving Weapons, and it too is a class four felony. If convicted at trial while still on probation the minimum term is 4.5 years.

1 Answer | Asked in Criminal Law for Arizona on
Q: How do I get my property back when my case has benn colsed? The detective said NO. The District Attorney said YES!!

The detective said NO. The District Attorney said YES!!

David A Black
David A Black answered on May 8, 2012

See if you can get an order from the judge in your case to release the property. You'll have to have your lawyer talk to the prosecutor and draft a Motion and Proposed Order.

1 Answer | Asked in Criminal Law for Arizona on
Q: I had my convictions set aside and vacated here in Arizona in 1996 does this discharge me from restitution ?

I am seeking a pardon here in Arizona. I was told by the Arizona Board of clemency that all my restitution was not paid . The clerk of the court can not verify this as the case is from 1984 and I can not pay anything as they have no records of owing the Clerk told me when the Judge signed the order... Read more »

David A Black
David A Black answered on May 8, 2012

Generally restitution is not dischargeable, in bankruptcy or otherwise. I would call the court and see if you owe anything. If they say yes, then I'd say you're on the hook.

2 Answers | Asked in DUI / DWI for Arizona on
Q: If someone has a prior DUI and got a new one what chances does he have to get minimum sentence and serve in tents.
David A Black
David A Black answered on Dec 5, 2011

If your charge is and remains a misdemeanor, you are likely going to be able to serve any time in the tents, if not a portion in home detention. Prior DUIs are only priors for 84 months, so speak with a lawyer to determine if in fact your are eligible for the minimums, which are as little as 10... Read more »

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2 Answers | Asked in DUI / DWI for Arizona on
Q: Do police ned a warrant to take blood after breathalizer refusal?
David A Black
David A Black answered on Dec 5, 2011

The police do need a warrant, but be very careful, because should you refuse a chemical test and a warrant is obtained, you are subject to a mandatory one year suspension of your driving privileges, at least in AZ. Visit our firm at dbphoenixcriminallawer.com for more information.

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