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Questions Answered by Matthew Maerowitz
1 Answer | Asked in Criminal Law and Health Care Law for Arizona on
Q: I have been adsaulted three times by a person. I have advanced glaucoma. The person was at my bedroom window last night.

So far the precinct judge has done very little. My assaulter ignored the peace bond that i filed for.

Matthew Maerowitz
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Matthew Maerowitz
answered on Mar 24, 2022

If there are criminal charges against the assailant, you should talk to the victim advocate. A lot of times you can get release conditions (if not already in place) that will prohibit contact or harassment. If there is no criminal case you may be able to get some form of protective order such as... Read more »

1 Answer | Asked in Personal Injury, Products Liability, Intellectual Property and Small Claims for Arizona on
Q: Can I sue the company that made these sweatpants for not holding my phone ?? Repeatedly drops out walking up a staircace

Or the phone company ? It’s an iPhone XR and it’s damaged by falling out not more than a causal walk up a staircase.

Matthew Maerowitz
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Matthew Maerowitz
answered on Mar 24, 2022

On many legal claims you have to prove that the company did something wrong. Did the company making the sweatpants tell you or market their product as being able to securely hold the iPhone XR without falling out? Is the iPhone XR advertised to be able to securely fit in these particular... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Arizona on
Q: Can I appeal a charge from 1996 in Tempe, AZ where coercion played a role in my plea?

I was 18 and homeless in 1996, cutting across an open parking lot (privately owned). A policeman said he couldn't stand us homeless (today I hold degrees in biotech, microbiology, and teaching) and I needed to leave town. He arrested me for criminal trespass. I was fed rotten green baloney and... Read more »

Matthew Maerowitz
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Matthew Maerowitz
answered on Feb 28, 2022

It sounds like what you are probably seeking to do is set aside your conviction. While this is not entirely what you are asking, it may accomplish your objectives. A set aside if granted will set aside the judgment of guilt and dismiss the complaint. You should consult an attorney to discuss... 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
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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
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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 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
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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 »

2 Answers | Asked in DUI / DWI for Arizona on
Q: was arrested & taken to jail & released. I was given a traffic ticket & complaint for DUI. Why isn’t my case show online

I was given a breathalyzer and field sobriety test, arrested. Then released about an hour later. I was given a traffic ticket and complaint for DUI .08%, DUI slightest, and no lights. I have a court date. Why isn’t my case showing online?

Matthew Maerowitz
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Matthew Maerowitz
answered on Feb 1, 2022

Likely one of two things are happening.

1. The officer has not filed the Complaint yet with the Court or it was recently filed and has not been processed yet in Court. Normally it will take a couple days from the arrest for the Complaint to be reflected in the court system online....
Read more »

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2 Answers | Asked in Personal Injury and Car Accidents for Arizona on
Q: In car accident cases do lawyers get billing records from the hospital stay if their is one?
Matthew Maerowitz
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Matthew Maerowitz
answered on Jan 20, 2022

Yes, getting the bills for all your medical records is very important if seeking recovery for damages of related medical treatment. This can sometimes be tedious to do without the help of an attorney and sometimes it is difficult to correctly present a claim if you have one. You should contact a... Read more »

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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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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