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Questions Answered by Matthew Maerowitz
2 Answers | Asked in DUI / DWI for Arizona on
Q: I have a question can dui's that are nine years old be used against me in court?
Matthew Maerowitz
Matthew Maerowitz answered on Jan 8, 2018

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...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Where can I go to find out if I have any pending charges, citations, tickets, misdemeanors, or court dates under my name
Matthew Maerowitz
Matthew Maerowitz answered on Jan 8, 2018

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 »

1 Answer | Asked in Traffic Tickets, Criminal Law and DUI / DWI for Arizona on
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 »

Matthew Maerowitz
Matthew Maerowitz answered on Nov 14, 2017

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 »

1 Answer | Asked in Communications Law and Criminal Law for Arizona on
Q: Will the cops go across the united states to arrest someone for exchanging nudes with a minor?

So I meet this girl on a 18+ dating app she asked for my number I give it to her I then get multiple pictures of nude photos I then send some back and then I noticed she was minor after i already sent the nudes she apparently lives in South Carolina and I live in Arizona what will happen? Her... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Nov 14, 2017

This sounds a lot like a scam. I answered your question previously. To be safe you should never text nude photos to ANYONE.

1 Answer | Asked in Criminal Law for Arizona on
Q: What are the legal laws when you find out someone you have been sexting turn out not to be the age they say they are
Matthew Maerowitz
Matthew Maerowitz answered on Nov 14, 2017

This sounds like a scam by the "father" to get you to pay money.

Regardless, you should not admit to anything as it could trigger a criminal investigation and very serious charges. In the future you should never be sexting, as you have already discovered, it can get you in trouble.

1 Answer | Asked in Criminal Law for Arizona on
Q: In May 2011 I successfully petitioned and had a Class D conviction (Strangulation) amended to Class A Misdemeanor

I was convicted in Indiana in 2007 but reside in Arizona now, no crimes/convictions. Would I be successful in restoring my right to own a firearm?

Matthew Maerowitz
Matthew Maerowitz answered on Jul 1, 2017

You will have to re-post this question in Indiana as that is the jurisdiction that convicted you.

1 Answer | Asked in Criminal Law for Arizona on
Q: If I pay equal rent as my roommates, can I legally walk around naked if I choose to so long as it isn't sexual in nature

Also can I do it as a form of protest under the first amendment?

Matthew Maerowitz
Matthew Maerowitz answered on Jul 1, 2017

Not all forms of "speech" are protected under the First Amendment. This is a lengthy and contested issue and tons of court cases on the extent of protection under the First Amendment. Arizona also has indecent exposure laws that could render your conduct criminal.

If your roommates don't...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Im in need of a pro bono attorney. What can we do if denied a speedy trial?
Matthew Maerowitz
Matthew Maerowitz answered on Jul 1, 2017

Rule 8 deals with your right to a speedy trial. Ask the court for a court-appointed attorney. If you are unable to afford an attorney and there is the possibility of jail time, an attorney will be appointed to represent you at little or no cost.

2 Answers | Asked in DUI / DWI for Arizona on
Q: My fiance had a DUI in 2012 but he was arrested last night for failure to appear

- but his lawyer had told him it was all cleared up. What do we do?

Matthew Maerowitz
Matthew Maerowitz answered on May 6, 2017

What likely happened is this was a refile. The DUI first time around was probably dismissed pending blood results. Then once the blood results came back positive for drugs or alcohol above .08, the State refiled the DUI charges. A summons and complaint was likely mailed to his last known... Read more »

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1 Answer | Asked in Criminal Law and Employment Law for Arizona on
Q: What exactly are the benefits of a "set aside" judgment?

I recently had shoplifting and a marijuana charge "set aside" by the Phoenix court. I am aware this is not the same as expungment. So my question is, can these charges still be held against me when renting an apartment or applying for a clearance card? I cant seem to find a straight answer on this.... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Mar 1, 2017

The reason you aren't getting a straight answer is because the charges, even if set aside, are still accessible when a background check is run. A set aside is different from an expungment because it doesn't seal the record. An employer for example running a background check can still see that you... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: a friend and myself were out target shooting one night and i forgot my gun in his truck.

He was later pulled over and is being charged for possession of weapon by a prohibited person. How can I legally claim that weapon and get that charged dismissed?

Matthew Maerowitz
Matthew Maerowitz answered on Mar 1, 2017

You need to present a claim immediately to establish ownership because the firearm risks being forfeited. You should contact an attorney to assist you with the forfeiture proceedings

There might be an issue regarding possession, but he should contact a separate attorney.

1 Answer | Asked in Criminal Law for Arizona on
Q: I'm conducting research for a novel and need information concerning sentencing & parole for sexual assault in Arizona.

The defendant (fictional) was convicted with the help of the victim's testimony, and has spent 11 of his 13 year sentence (both characters were adults when the assault took place). Where would the most likely place of incarceration be? Is he eligible for parole? When released, is he allowed to move... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Mar 1, 2017

You aren't posting this in the right forum. I would recommend sitting in on trials and schedule a tour to visit one of the local jails. That's going to help you out way more than posting on here. This forum is designed for people who get themselves in legal trouble and are seeking help of... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: once you are indicted when or how long does the court or the state have to prosecute?

Plus when should the prosecutor have my disclosure ready. Its been almost a year since the intial arrest but i was indicted, it was filed may 2016. i wasnt arrest on the warranty until dec 2016. I have showed for every appearance even the JP appearance and they still issues a secret indictment, i... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Feb 17, 2017

The State must file charges within the statute of limitations. For misdemeanors the statute of limitations is 1 year. For felonies the statute of limitations is 7 years (and in some cases longer). However, it is unclear what you are referring to based on your question as it sounds like the... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Arizona on
Q: I live in Az and was recently stopped illegally. After the stop the officer never cited me for the original made up

Offense. I was charged with driving while revoked and taken to jail. After the stop the officer made a comment he thought my wife was a prostitute and that's what we were up to. The area we were in was near Metro Center Mall and i guess it's a high crime area. Neither of these is probable cause... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Feb 11, 2017

The standard for an officer to initiate a traffic stop is actually Reasonable Suspicion (not Probable Cause). Reasonable suspicion is a lower standard than probable cause. You really should consider hiring an attorney as we are very familiar with writing suppression motions. With reasonable... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on
Q: will my conviction be over turned?

In AZ I plead guilty for a diversion program, completed late. Conviction went in. As a result of miscommunication. I was told to appear in court 12 months from 10 26 15. I requested a extension a week prior and found out I had a warrant and court date was for 10/17/16. Judge accepted the late... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Feb 1, 2017

Based on your question, it appears you have a conviction now. Dismissing the PTR does not reverse the conviction. Instead, it just means that you are believed to be in compliance with probation and as a result the probation matter is (at least temporarily) not going forward.

True...
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1 Answer | Asked in DUI / DWI for Arizona on
Q: What is the legal punishment for driving another vehicle when you have been convicted of an extreme DUI?

Meaning one vehicle has the ignition locking device but they are driving a vehicle without one in arizona.

Matthew Maerowitz
Matthew Maerowitz answered on Jan 30, 2017

If you have an interlock restriction on your license that means ANY vehicle you drive must have an ignition interlock equipped. Driving without an interlock is a class 1 misdemeanor punishable by up to 6 months jail, $2500 fine, and 3 years probation. That's the absolute maximum. Furthermore, if... Read more »

1 Answer | Asked in Personal Injury for Arizona on
Q: I was in a car accident. How do I get a copy of the police report?
Matthew Maerowitz
Matthew Maerowitz answered on Jan 12, 2017

It depends on the agency. If it was a Phoenix PD officer that wrote up the report, it will be available online. Other agencies require you to make requests via mail or in person. You may have to wait a few days after the accident before the report is available.

If you are seeking damages...
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1 Answer | Asked in DUI / DWI for Arizona on
Q: If a police officer asks if you have been drinking should you tell them if you have?
Matthew Maerowitz
Matthew Maerowitz answered on Jan 6, 2017

No. Do not lie either. You do not have to answer the question. Instead simply say: "I exercise my right to remain silent and would like an attorney."

1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for Arizona on
Q: Criminal ticket 61 in a 40 in phoenix. How much do you think it will cost and its my second criminal within a year

The cop didnt scratched his name off and didnt mark me with a radar gun. He paced me but i know i wasnt speeding so i know hes bullshitting. Should i fight it?

Matthew Maerowitz
Matthew Maerowitz answered on Dec 28, 2016

As I answered in your earlier questions, if the judge allows Defensive Driving School that would allow the charge to get dismissed. If you live out of state, do you really want to travel back to attend your hearing and take the risk? A pace can be questioned, but again I recommend hiring an... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I was charged with 13-2311 and was told pay a fine and it was a misdemeanor now everything I look up says it's a felony

I would just like to know if this is true?

Matthew Maerowitz
Matthew Maerowitz answered on Dec 28, 2016

That's a felony so I expect whatever you are looking at shows that it was charged as a felony. Perhaps you took a plea to a misdemeanor. Without looking at the judgment, sentence, and order, it's hard to tell exactly what you were convicted of.

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