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Questions Answered by Matthew Maerowitz
2 Answers | Asked in Personal Injury for Arizona on
Q: Nov 1,2021 at a store from a cashier, I spoke with a manager didn't take my statement. I ended up going to ER.

Segwick is the insurance company that handles the store, I received one cold call and I have called left messages, text's and email's. Is there anything I can do?

Matthew Maerowitz
Matthew Maerowitz answered on Jan 13, 2022

If the store is at fault, you may be entitled to recover damages. Contact a personal injury attorney to go over what happened. Many of us offer free consultations.

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1 Answer | Asked in Criminal Law for Arizona on
Q: Car searched for impound inventory drugs found. Charge that got car impounded never filed. Why still facing drug charge?

I mean DUI charge never filed and was only arrested for suspicion. If DUI since wasn't prosecuted why would I still have to face the drugs that only got found because of the DUI case

Matthew Maerowitz
Matthew Maerowitz answered on Jan 13, 2022

The search of the car may or may not have been legal regardless of whether you were found guilty or even charged with DUI. There are a lot of legal questions to determine whether the stop and ultimately the search of your vehicle was justified such as whether there was reasonable suspicion to stop... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Do you know of any lawyers in mesa, arizona that are willing to take a criminal case pro bono?
Matthew Maerowitz
Matthew Maerowitz answered on Jan 13, 2022

If there is any possibility of jail, then the Court will appoint a lawyer for you at little or no charge if you cannot afford hiring private counsel. Even if the prosecutor is not seeking jail, the Court sometimes will still appoint a lawyer in the interests of justice and can ask for a public... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: In Arizona, how long can someone be incarcerated in county jail without formally being charged with a set of charges ?

My fiance' was out on pretrial services as well as on probation and was arrested for alleged crimes for which he has not yet been charged officially. The prior charges he was out on pretrial for, yes, and there WAS a probation revocation hearing set but has not been had yet. It seems as though... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Sep 20, 2021

Within 24 hours of arrest, he was supposed to see a judge to determine release conditions. From what you are saying this sounds like a probation hold. The probation officer has a lot of descretion and even if there not a new charge if the PO has a reason to believe probation has been violated,... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: if a class 1 misdemeanor (shoplifting) is found guilty will that person spend time in jail? if so for how long(State Az

Can it Be Expunged, if the person has no previous criminal record

Matthew Maerowitz
Matthew Maerowitz answered on Aug 16, 2021

Whether the prosecutor is seeking jail and/or the judge imposes jail depends on a lot of factors including the value of items and criminal history. Maximum jail for a class 1 misdemeanor is 6 months jail. There is no mandatory minimum jail for misdemeanor shoplift. For a first offense a lot of... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: What consequences am i looking at when i go to court on a charge b-1805 shoplifting?
Matthew Maerowitz
Matthew Maerowitz answered on Jun 28, 2021

So it's actually 13-1805, which is the Arizona statute for shoplifting (my guess is that the charges on the complaint were handwritten and the officer's "13" looks like a "B"). As a result, I'm assuming this is misdemeanor shoplifting in which case the maximum... Read more »

1 Answer | Asked in Personal Injury for Arizona on
Q: Do I have a case

Case Description: Yesterday I was walking into Safeway and tripped on the curb and fell onto my hands and knees I was so embarrassed and I got up despite the pain I was in and tried to play it off like I was ok. I went in using the cart to help me get around and finished my shopping. The manager... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Apr 26, 2021

Regardless of whether you will be able to recover or not; your first priority should be your health. Whether you have an actionable case against Safeway depends in part on whether Safeway was at fault. You should immediately consult a personal injury attorney and many offer free consultations.

1 Answer | Asked in DUI / DWI for Arizona on
Q: If the interlock was required 10.5 years ago, do I still need to get it now if I didn't then?
Matthew Maerowitz
Matthew Maerowitz answered on Apr 14, 2021

Yes, for an alcohol DUI the interlock restriction will remain with the MVD when you reinstate your driving privileges.

2 Answers | Asked in Criminal Law for Arizona on
Q: I requested to have my judgement set aside and have been denied, for the reason ARS 13-907(E). I need assistance.

I have had no legal trouble before of after my judgement in 2013. In my plea agreement, the court was reduced to "non dangerous". Specifically 13-907 #2 the only "register" I had was enter into probation for the charges of aggravated assault, (non dangerous, non repetitive).... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Mar 24, 2021

You and my colleague appear to be citing an old version of the statute. The correct statute is ARS 13-905, which can be found at: https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/13/00905.htm

The law has changed to be a little more favorable regarding set asides as...
Read more »

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Arizona on
Q: What motion do I file to dismiss charges?

1 attorney told me to file a motion to dismiss without prejudice is this correct? I have DUI from 2012 for marijuana do to the new law in Az allowing medicinal marijuana. I would like to have the charges dismissed at the time I had a medical marijuana card from another state I don't know if... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Mar 1, 2021

Based on your question, I cannot tell whether you have a pending charge or a conviction for DUI from 2012. If it is a pending charge, then there is likely an active warrant for your arrest and you will need to get the warrant quashed and handle the DUI case before the driver license hold will be... Read more »

1 Answer | Asked in Criminal Law and Elder Law for Arizona on
Q: Is it more believable that you remember vaguely winning a prize two years ago and not remembering if you filled out tax

Papers or is it more believable that you don't remember any of it

Matthew Maerowitz
Matthew Maerowitz answered on Feb 8, 2021

This is not a legal question. Unfortunately, an attorney won't be able to help with this question as this does not involve any issue requiring legal knowledge.

2 Answers | Asked in DUI / DWI and Constitutional Law for Arizona on
Q: I got arrested because I unfortunately decided to rest my eyes for a sec while I was parked at the gas station.

I was scratching a lottery ticket and I didn't think I was sleeping but the cop said he was standing there for "5 mins" I was arrested and charged with 2 DUI's. Blew 0.00 blood could not be drawn and urine sample was taken. I told the officer that my pee would not be clean but I... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Jan 11, 2021

You should contact a criminal defense attorney as soon as possible. Peoria often draws blood so it is curious as you post blood could not be drawn. A urine test may have issues with the results. There also may be an issue as to driving or actual physical control. You should avoid posting any... Read more »

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2 Answers | Asked in Criminal Law for Arizona on
Q: Under what ground are you not assigned a lawyer in pinal County

I was long formed for shoplifting given a court date I went in and told the judge not guilty they assigned me another telephonic court date in which the County attorney presented information to me and gave me options one would include a plea and I don't understand any of it and I asked if a... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Dec 28, 2020

You always have the right to an attorney meaning at any point you can consult or hire a lawyer. You are only entitled to have the court appoint an attorney for you if you are indigent and the punishment may involve the loss of liberty. In some courts, the judge will appoint an attorney any time... Read more »

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1 Answer | Asked in Criminal Law for Arizona on
Q: Can u travel from AZ to Tn with a 10 yr old warrant
Matthew Maerowitz
Matthew Maerowitz answered on Dec 23, 2020

A warrant is still a warrant no matter how old it is and you can be arrested at any point until you resolve the warrant. Does this mean you will definitely be arrested the second you step foot in Tennessee? No, but you are at risk whenever you have any contact whatsoever with law enforcement. If... Read more »

3 Answers | Asked in Criminal Law for Arizona on
Q: How do I go about getting a court appointed lawyer after receiving a citation?
Matthew Maerowitz
Matthew Maerowitz answered on Dec 21, 2020

You can ask for a court appointed lawyer at your court date listed on the Traffic Ticket and Complaint. You will then be asked to provide the court with your financial information so the court can determine whether you are indigent. Many courts will not appoint a public defender unless the State... Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: CAn you oppose a motion for extension of time to file answering brief

The State of AZ filed an unopposed motion for extension of time to file answering brief and I want to know if I can contest it.

Matthew Maerowitz
Matthew Maerowitz answered on Dec 20, 2020

A Motion for Extension of time can be contested; however, if it is "unopposed" that means the State of Arizona already sought the other side's position and did not object or did not timely object. Typically, a judge will grant an extension even if opposed unless there is good reason... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: If I live in Arizona and got a UNSETTLED DUI in Florida over 35 years ago how can I get my licence reinstated in AZ?
Matthew Maerowitz
Matthew Maerowitz answered on Dec 16, 2020

If by unsettled DUI in Florida you mean you have an active warrant for your arrest to appear in Florida, you'll need to quash the warrant and remove the hold on your license there before Arizona will issue a license. You should contact an attorney licensed in Florida to address the Florida DUI.

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Arizona on
Q: How can I dismissed a misdemeanor over half an .Oz of marijuana in Arizona?

Possession of marijuana in Arizona

California resident (Legal in CA)

Criminal charged

First offense

No doctor letter

Officer told me its a misdemeanor

Court: Parker Magistrate (Dec. 2)

Matthew Maerowitz
Matthew Maerowitz answered on Dec 11, 2020

In light of Arizona Prop 207 legalizing possession of up to 1 ounce of marijuana for individuals over 21, the prosecutor should agree to dismiss. Do NOT plead guilty to possession of marijuana. You should privately consult an attorney who can help discuss further.

1 Answer | Asked in DUI / DWI for Arizona on
Q: I had a question about when a DUI starts aging is it the day you were caught or the day you were convicted with a DUI?

Im confused on the concept so does a DUI time start the day you were caught or the day you were convicted? Im asking because im currently seeking a set-aside.

Matthew Maerowitz
Matthew Maerowitz answered on Dec 10, 2020

The length of time both since the date of arrest and date of sentencing can both be used as factors for considering a set aside. Although it depends on the judge, even more important is usually the length of time since completing the sentence. This is also a specific factor to be considered under... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: DUI - Impaired to the slightest degree citation (BAL < 0.08). When will my license be suspended?

I did not receive an "Admin Per Se/Implied Consent Affidavit" when cited (BAL 0.07) so my license was returned to me. Will my license only be suspended if found guilty of the above charge or will it be automatically suspended at some future date?

Matthew Maerowitz
Matthew Maerowitz answered on Oct 30, 2019

If you are found guilty of DUI impaired to the slightest degree you will get a 90 day license suspension + a 1 year interlock requirement by MVD. The suspension will happen after you are found guilty of DUI on your court case because MVD will receive an abstract from the Court saying you were... Read more »

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