Questions Answered by Matthew Maerowitz
Q: Ho do I submit a video into evidence at a no jury criminal court case
The video was taken by the attending officer's body cam. The video was sent to me from the prosecutor of this case.
If you have an attorney, you will want to ask your trial attorney. Ultimately, this is a tough question to answer because it involves going through the rules of evidence that us lawyers learn from law school and experience. Basically to use the body cam as evidence you will want to request the... Read more »
Q: I am defendant - want to use CD the prosecutor has sent me. How to enter in as evidence I want to use
If you have an attorney, you will want to ask your trial attorney. Ultimately, this is a tough question to answer because it involves going through the rules of evidence that us lawyers learn from law school and experience. Basically to use it as evidence you will want to request the court clerk... Read more »
Q: A car crashed into me by turning around in an intersection while i was behind him, how do i get his insurance to pay?
Typically it takes gathering all the relevant information including the crash report. It is rarely advisable to do this alone. You should at least call an attorney over the phone and request a free consultation. If it is a meaningful accident and you were injured, you will likely want to hire an... Read more »
Q: What drugs to police test for in a blood draw?
In a DUI case, the crime lab will typically first test the blood for alcohol even when there is no suspicion of alcohol. If the results reflect a BAC above a 0.08 then typically no further testing will be done--though depending on the court and crime lab I have seen a further drug screen done even... Read more »
Q: I already have sciatica, but my accident made it worse - can I still make a claim if it's a preexisting condition?
Yes, ordinarily you can recover if the accident made a pre-existing condition worse. You would want a medical opinion saying so as well.
You should consider contacting a personal injury attorney for a free consultation to be able to discuss your case in more detail.
Q: Is it true I cannot be granted an appointed defensive attorney only private legal counsel if jail time is unsought?
You are only entitled to a court-appointed attorney if there is the possibility of punishment involving loss of liberty (such as jail). However, in the interest of justice the court may still appoint a public defender under Rule 6.1(b)(2).
Q: Can I get a DUI for driving without wearing my prescription glasses?
Unless you also had drugs or alcohol in your system, that wouldn't be a DUI. However, it would still be a criminal misdemeanor for driving in violation of a restriction. You need your glasses to drive so I don't know why you would decide not to wear them. What commonly happens though is people... Read more »
Q: What is the difference between a DUI and a wet and reckless?
There's no such thing as a "wet and reckless" in Arizona. There is however a crime of reckless driving. In terms of the difference between Reckless driving and DUI they both carry 8 points on MVD driving record, but DUI is a higher class of offense and carries certain mandatory minimum penalties... Read more »
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?
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 »
Q: My son was rear ended and not at fault, but he has no insurance. Anything we can do?
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 »
Q: I got a first time DUI. Will I need legal representation for first-time Court hearing
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.
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
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 alleged... Read more »
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.
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 »
Q: Will Florida extridit from Arizona on a misdemeanor probation absconder.
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.
Q: Will Florida extridit from Arizona on a misdemeanor probation absconder.
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.
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 ?
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.
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?
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. Don't... Read more »
Q: I have a question can dui's that are nine years old be used against me in court?
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... Read more »
Q: Where can I go to find out if I have any pending charges, citations, tickets, misdemeanors, or court dates under my name
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 »
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 with the... Read more »
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 »
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