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Questions Answered by Matthew Maerowitz
1 Answer | Asked in Criminal Law for Arizona on
Q: My 16 year old daughter was charged with a misdemeanor for stealing a ring that was on sale for $18. The retail was $40.

Are they allowed to do this when the profit made would have only been $18??

Matthew Maerowitz
Matthew Maerowitz answered on Nov 16, 2016

As per restitution, the store can seek the market value of the ring. Perhaps at a restitution hearing it can be argued that the market value is $18 if that is what the price tag was. However, even $40 sounds like a particularly inexpensive ring. Additionally, the shopkeeper can seek a civil... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: Can you choose the kind of DUI chemical test the police give you?
Matthew Maerowitz
Matthew Maerowitz answered on Nov 16, 2016

No, the police get to chose. Prior to administering the test; however, the police have to read an advisement regarding consequences of a refusal.

1 Answer | Asked in Personal Injury for Arizona on
Q: I was in a car accident and the other driver was at fault. I am considering hiring a lawyer.

What evidence should I try to collect to bring to my consult?

Matthew Maerowitz
Matthew Maerowitz answered on Nov 5, 2016

Err on the side of bringing anything you think may be useful so an attorney can take a look. If you have the police report, bring that but if not bring the accident exchange you received on the scene and if you hire an attorney he or she can request the actual report. Also, bring any photos you... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: boyfriends lawyer says he cant put in a motion to modify a bond unless something legally like charges dropped is this t
Matthew Maerowitz
Matthew Maerowitz answered on Nov 3, 2016

The judge has authority to modify bond. However, typically bond only gets modified in a few instances. If seeking to modify bond with the same judge that set the bond in the first place and there aren't any meaningful change in circumstances, then highly unlikely the judge is going to modify.... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Q: In Arizona if warrant for arrest issued with a bond for missing a proceeding, can defendant travel out of the state?

Proceeding was for narcotics charge. Notification of Procreding date sent by certified mail but never received or signed

Matthew Maerowitz
Matthew Maerowitz answered on Oct 14, 2016

No, you cannot travel out of state. It sounds like you have a felony warrant for a pending narcotic drug charge. If you are arrested out-of-state, you will likely be extradited. This isn't civil...you can't win by contesting service. You are getting arrested unless the judge agrees to quash the... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: My son, was stopped by Scottdale police, the driver of the vehicle was charged with possession, my son was charged

With paraphernalia for a package of rolling papers he picked up from the car seat. He was not charged for marijana. What strategy could be used to get the charges against him dropped.

Matthew Maerowitz
Matthew Maerowitz answered on Oct 5, 2016

Part of it depends on where it is charged and whether that jurisdiction offers some sort of diversion program. If this is his first offense the State won't be able to ask for jail so that might be used as some leverage for a favorable plea and/or further exploring defenses in preparation for... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Arizona on
Q: I was founded guilty. Can I be on the run until I find a lawyer who will work on my behalf and my appeal?

I'm innocent and I don't want to be locked up to prove my innocence. I think I can get more done looking for a lawyer to represent me and file my appeal.

Matthew Maerowitz
Matthew Maerowitz answered on Sep 29, 2016

No you cannot. There are time limits for filing an appeal. You need to at a minimum get the notice of appeal filed and consult with an attorney that does appeals asap.

1 Answer | Asked in Criminal Law for Arizona on
Q: How is a criminal subpoena served in az
Matthew Maerowitz
Matthew Maerowitz answered on Sep 27, 2016

It depends. If it is a misdemeanor it is typically sent by mail. If it is felony or a key witness in a misdemeanor domestic violence case it is often personally served.

1 Answer | Asked in Criminal Law for Arizona on
Q: i was chareged with poss, of meth and paraphenelia but it want mine, the person it belongs to is willing to come forward

if they dont charge him the street value is 1.00 (one dollar) do you think they will charge him and im at a plea bargain or take it to trial do you think they will dismiss it if he doesnt come forward?

Matthew Maerowitz
Matthew Maerowitz answered on Sep 12, 2016

Possession of meth is very serious even at a low quantity. If someone else admits to possession, the prosecutor may very well charge him. The statute of limitations is 7 years meaning the prosecutor has 7 years from the date of offense to charge it.

1 Answer | Asked in Criminal Law for Arizona on
Q: my brother got 8 years in Arizona for his first felony class 2 charge, why would they do that when he hasn't had any

when he hasn't had any felonies in the past that he was charged with or went to prison for?

Matthew Maerowitz
Matthew Maerowitz answered on Sep 11, 2016

This question is best directed at his attorney. Speaking very generally, the range for a class 2 felony is 4-10 years with a possible mitigated term of 3 years and aggravated 12.5 years. The range could have been higher if he had a prior felony.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Arizona on
Q: the police were called by neighbors due to domestic violence between me and my husband once they got to my house they

questioned me about him and his brother eventually leading to a detective coming and told me if I refused to talk to them or let search my house, they would arrest me for domestic violence is this illegal for them to come to my house for domestic violence and then bribe me to talk to them so they... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Sep 5, 2016

You have no obligation to talk to the police in a domestic dispute. The police must have probable cause to arrest you. However, they may have felt they had probable cause to charge you with a criminal offense (such as disorderly conduct) and will occasionally use the threat of an arrest to get... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Would the stopping of the robbery negate a charge of assault?

I carry a knife, and I've thought about if I ever witnesses a robbery, and I chased down the perpetrator, and while stopping them, I cut them or stabbed them, not a lethal injury, would the stopping of the robbery negate a charge of assault?

Matthew Maerowitz
Matthew Maerowitz answered on Aug 22, 2016

It depends on the circumstances and whether your conduct was justified. The relevant statutes are in Title 13, Chapter 4 http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=13. Even if there is a justification defense, you'd still risk being faced with felony prosecution for aggravated assault... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I was arrested and prosecuted for 6 felony crimes in Arizona in 2001.

I was only found guilty of Two. I pleaded them down to lesser charges, completed my resitution and my sentencing, with no incidents. I have only had that incident in my entire life , nothing since. I applied and had my gun rights restored and applied and had the charges reduced to misdemeanors. Is... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Aug 22, 2016

Unfortunately, Arizona does not expunge convictions. Depending on the crimes you plead guilty to, you may be eligible to have them set aside. Did you already do this when applying to have your gun rights restored? This basically is an order from the Court vacating the judgment of guilt once all... Read more »

3 Answers | Asked in Car Accidents, Health Care Law and Personal Injury for Arizona on
Q: Can a hospital ask for reimbursement from a car accident settlement even if the health insurance company has paid?

If the health insurance company has paid off the hospital, can the hospital still ask for money from a car accident settlement in Arizona? I understand that health insurance companies work deals with hospitals to pay a lower price so with that being said, could the hospital still ask for more money... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Aug 15, 2016

If you had an attorney representing you on your bodily injury claim, your attorney is the one to talk to. This often gets resolved through the attorneys handling a personal injury case to make sure all liens are resolved when disbursing the settlement funds. In general, the hospital can ask for... Read more »

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1 Answer | Asked in Criminal Law for Arizona on
Q: does a prosecutor have to get approval from their bosses to give a plea or can they modify themselves without approval

i have a F2 taking the identity of another F4-Forgery and a possession of marijuana when on standard probation the victim did press change but the state did my prosecutor says that her higher ups wont approve a plea less than 6 to 7 i want it to be probation eligible i do have prior conviction but... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Aug 5, 2016

Although the prosecutor may have some discretion, they often have to go through their supervisor on any meaningful deviations from the plea offered. Your attorney is in the best position to advise on the plea.

1 Answer | Asked in Traffic Tickets and Criminal Law for Arizona on
Q: what is B11508004 in Arizona penal code

i went to the dmv in california and the clerk said that i have a hold on my drivers licence and she gave me this code B11508004 for Arizona

Matthew Maerowitz
Matthew Maerowitz answered on Aug 5, 2016

This doesn't sound like a statute or anything. If you know the hold is in Arizona, you can call the MVD in Arizona and figure out what court is causing the suspension. You commonly see this with unpaid fines in an AZ court, which you would need to take care of in order to remove the license hold.

1 Answer | Asked in Criminal Law for Arizona on
Q: a lady accused me and a friend of being drunk and she said she was calling the cops I have not dranked

She is 23 I'm 17 can my perants file harrassment charges on her

Matthew Maerowitz
Matthew Maerowitz answered on Jul 19, 2016

This doesn't sound like a criminal defense question if this is just an isolated instance based on a false accusation that was never reported to the police. Are you trying to pursue a civil case against the lady? If this just happened once and no false statement was ever made to a third person, I... Read more »

1 Answer | Asked in Criminal Law and Animal / Dog Law for Arizona on
Q: My mom stole my puppies while I was on vacation and she admitted it to me over text message what can I do
Matthew Maerowitz
Matthew Maerowitz answered on Jul 12, 2016

I'm assuming you are over 18. Regardless, you should really try to work this out with your mother. She might have been genuinely concerned about the puppies. Who was responsible for taking care of them while you were on vacation? Is she harming the dogs? If the dogs are in danger you can... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Arizona on
Q: got a ticket for criminal speeding my first offense I was going 20 over the speed limit I have no record what wilhappen

I have no record at all I have no clue what will happen I have a criminal ticket for 20 over the speed limit what can I expect to happen

Matthew Maerowitz
Matthew Maerowitz answered on Jul 12, 2016

This depends largely on how fast you were going. If it was barely over the 20mph criminal threshold then the prosecutor may agree to offer a civil speeding plea or the judge may allow you to take defensive driving school. If it is in a school zone, other erratic driving observed, etc. then maybe... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Isnt the court susposed to offer the defendent drug rehabilitation before incarcerating them?

2 prior poss of dangerous drugs and narcartics new charges 2 - poss dang drug 2 - narc poss 2 -drug paraphernalia poss/use

Matthew Maerowitz
Matthew Maerowitz answered on Jul 12, 2016

It looks like this is outside of the Prop 200 protection against incarceration if there are two prior convictions. As a result, incarceration may be imposed. Best to consult an attorney to review.

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