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Questions Answered by K. Bryan Goodman
1 Answer | Asked in Criminal Law for Arizona on
Q: What will happen next when there was a motion filed- MOTION TO EXTEND TIME TO CHALLENGE THE GRAND JURY PROCEEDINGS?

We have been fighting the case aggv assault on an officer since Oct. 11. I was there and there was no assault or resist during the arrest of my husband. They dismissed the case due to grand jury indictment that means they decided closed doors. One non-guilty arraignment happened and next will be... Read more »

K. Bryan Goodman
K. Bryan Goodman answered on Nov 15, 2019

No. The request to extend time was filed by your husband's attorney after the grand jury issued an indictment. There is a hard time limit to challenge the grand jury indictment, so the attorney is making sure they have enough time to challenge the indictment. The second filing is just a... Read more »

2 Answers | Asked in Criminal Law for Arizona on
Q: If you are a witness to a criminal case and you are a detective, is that right waived for you. Is that double jeopardy

The Prosecutor is allowing the lead detective in a criminal case to sit in and listen to everything including the selection of the jurors and everything else involved in the trial

K. Bryan Goodman
K. Bryan Goodman answered on Nov 15, 2019

The prosecutor designated that detective as the "case agent." They will be allowed in all of the court proceedings. The remainder of the witnesses are not allowed to sit in.

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1 Answer | Asked in DUI / DWI for Arizona on
Q: My girlfriend recently got extreme DUI and it has been eleven years from the last one which she did 4 months in prison.

What do you think she is facing?

K. Bryan Goodman
K. Bryan Goodman answered on Nov 7, 2019

If she was charged with a misdemeanor Extreme DUI, she is facing 30 days - 6 months in jail, up to 5 years of probation, and a substantial amount of fines/fees along with other consequences such as loss of license, SR22 insurance, etc. She needs the assistance of an experienced DUI attorney. Most... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: my son is incarcerated he just charged with pris possession/make contraband what are the consequences for that
K. Bryan Goodman
K. Bryan Goodman answered on Nov 6, 2019

That will depend on what the contraband was and how many prior felony convictions he has. If he was caught with a deadly weapon, dangerous instrument or explosive it is a class 2 felony and all other items (such as a cell phone) would be a class 5 felony. Since he is in prison he has at least one... Read more »

1 Answer | Asked in Social Security and Criminal Law for Arizona on
Q: I am the payee for my moms social security. I used money to stay off streets when homeless. SS found out.

Social security left mesg. Wanting to talk to me cause they are investigating this. The want me to call. Im scared.

K. Bryan Goodman
K. Bryan Goodman answered on Nov 1, 2019

The most important piece of advice in this situation is not to speak with the investigators without an attorney present. Do not think you can simply explain the situation or talk your way out of it. That will not happen. Best of luck!

1 Answer | Asked in Criminal Law for Arizona on
Q: Impaired to the Slightest Degree (ONLY) Charge - Plea

Is it common for a person charged with only an Impaired to the Slightest Degree charge (BAL

K. Bryan Goodman
K. Bryan Goodman answered on Nov 1, 2019

Cases where someone is charged with only slightest degree (under .08) but they police still believe you are impaired happen frequently. The police may have only submitted charges until they are able to test the blood they collected. However, it is impossible to give you an actual answer without... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I am looking to request an early release from probation

I was given a 5 year probation for a dui related incident. I have completed 2 years October 1, which includes all treatment classes, fine/fees and ua drops which i had 2x a week. I am looking to get a second job and to have an opportunity of a promotion at work but I will not be considered as... Read more »

K. Bryan Goodman
K. Bryan Goodman answered on Oct 25, 2019

You are typically eligible for early termination from probation when you complete 50% of the probation term. At this point you have a few options: you can contact your PO and explain your situation and see if they would be willing to submit a request for early termination; if they are not willing... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Is there any way to check for any type of warrants on my person in the state of Arizona that is free?
K. Bryan Goodman
K. Bryan Goodman answered on Oct 25, 2019

You can try using the website below but not all courts provide information to that site. If you think you may have a warrant out of a specific court, you can see if they have an online case search or you can call them. Best of luck!... Read more »

3 Answers | Asked in Criminal Law for Arizona on
Q: I've been charged with a few things by word of mouth and lies, a family member and cops are involved what do I do?

My sister and I got pulled over, she was driving and I was the passenger of the vehicle. They conducted a search and found a large quantity of meth some paraph. marijuana, scale baggies etc. They searched me and found a quarter gram on my person . They ask who the drugs belonged to I said I don't... Read more »

K. Bryan Goodman
K. Bryan Goodman answered on Oct 20, 2019

Hello and sorry you are in this situation. When it comes to possession, everything in a car technically is possessed by everyone in the car. If no one takes the blame, all the occupants can be charged. Apparently, your sister blamed you and the police bought her side of the story. If that is... Read more »

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1 Answer | Asked in DUI / DWI for Arizona on
Q: How much jail for 4 counts of aggravated DUI for causing an accident with a minor in the vehicle. All Felony (6)

My daughter caused an accident while driving with a BAC over .15 and had a child in the car at the time. She is being charged with 4 different counts of Aggravated DUI Felony 6. How much jail time is she looking at here?

K. Bryan Goodman
K. Bryan Goodman answered on Oct 17, 2019

Hello and thanks for the question. Unfortunately, it is impossible to give a precise answer without more information. To get the best answer, we will need to know about her criminal history. If she has no prior felony convictions of any kind, in any state, the minimum jail term is 10 days. If... Read more »

2 Answers | Asked in DUI / DWI for Arizona on
Q: I'm trying to educated my 17 year old daughter of the legal consequences of driving while high on marijuana.

But I can't find any exact information, everything refers to alcohol. I would like to know about jail time, licence suspension, fines. For both her as a minor and her parent.

K. Bryan Goodman
K. Bryan Goodman answered on Oct 17, 2019

The statutes are difficult for a lot of people to understand so I will try to break it down. Marijuana is different from a DUI involving alcohol. Unlike alcohol, there is no "legal limit" when it comes to marijuana. Because marijuana is an illicit substance, having any amount in your system is... Read more »

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3 Answers | Asked in Legal Malpractice, Criminal Law and Constitutional Law for Arizona on
Q: Is there a perceived or actual conflict of interest resulting from a former prosecutor turned legal defender?

Recently a case was assigned to a public defender (former prosecutor) to defend a man whos father had been prosecuted successfully by the same attorney many years prior. The son's case is not of the same charges as his father's prior case, however, the attorney remains in the same jurisdiction,... Read more »

K. Bryan Goodman
K. Bryan Goodman answered on Oct 17, 2019

While working as a prosecutor, the attorney would not be privy to the communications between the father and his former defense attorney. Meaning the former prosecutor does not have a duty of confidentiality towards the defendant he prosecuted. Fast forward to his work as a legal defender - he does... Read more »

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2 Answers | Asked in Criminal Law for Arizona on
Q: He has 1 felony conviction and just got charged with 3 new felony charges how much time is he looking at

He is currently on probation for the first felony

K. Bryan Goodman
K. Bryan Goodman answered on Oct 17, 2019

Arizona's sentencing structure is based off of prior felony convictions. With one prior felony conviction, he is called a category two offender. Because he is on probation he cannot receive less than the presumptive term in prison for the offense if he is convicted. How much time he is looking at... Read more »

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2 Answers | Asked in DUI / DWI and Constitutional Law for Arizona on
Q: My husband was just picked up on a warrant for an aggravated DUI that he did not even know about.

Arizona. Advice please.

What is statue of limitations?

K. Bryan Goodman
K. Bryan Goodman answered on Oct 17, 2019

Hello and thanks for the question. An aggravated DUI is a felony. Under Arizona law, the statute of limitations for this offense is 7 years. Meaning they have 7 years from the day the crime was discovered to prosecute your husband. Depending on how long the delay was (and the reason for the... Read more »

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1 Answer | Asked in Criminal Law for Arizona on
Q: A search warrant was served on my residence after a tenant of mine sold Fentanyl to an undercover.

The warrant covered a useable amount of Fentanyl,items used to smoke or ingest fentanyl,and items to weigh or package fentanyl,and U.S currency. The police seized a pipe used to smoke methamphetamine and charged me with paraphernalia and the meth that was in the pipe. Is it legal? Considering it... Read more »

K. Bryan Goodman
K. Bryan Goodman answered on Oct 7, 2019

Thanks for the question. You and your tenant are in a sticky situation. Challenging a warrant is a difficult process and is very fact driven. You need the assistance of an experienced criminal defense lawyer. Most lawyers on Justia, including myself, offer free initial consultations. Set one... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: what is the usuall sentencing for !st time Disorderly Conduct in Tucson AZ

Should I get a lawyer?

K. Bryan Goodman
K. Bryan Goodman answered on Sep 26, 2019

Disorderly conduct change be charged as either a felony or misdemeanor. It is a felony if someone recklessly handles, displays or discharges a deadly weapon or dangerous instrument. If not, it is a class 1 misdemeanor with a potential for 6 months in jail and probation. If this truly is your... Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for Arizona on
Q: How to resolve an open reckless driving from 13 years ago in NM if you are living in Phoenix AZ?
K. Bryan Goodman
K. Bryan Goodman answered on Sep 17, 2019

Hello. You will need to contact an attorney in the city/town/county were the conduct occurred. Attorneys can only represent people in a State where they are licensed to practice law so it is unlikely you will be able to hire a local Phoenix attorney that is also licensed in New Mexico. You may be... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Would petty theft of merchandise totaling less than $1,000 be charged as a misdemeanor or felony in the state of Arizona

My friend has prior convictions in the state of California and has done state time. He doesn't have a criminal background in Arizona though.

K. Bryan Goodman
K. Bryan Goodman answered on Sep 12, 2019

Typically "theft" under $1000.00 is a misdemeanor. However, shoplifting (even under $1000.00) can be charged as a misdemeanor or felony, regardless of value. A.R.S. 13-1805 - "A person who in the course of shoplifting uses an artifice, instrument, container, device or other article with the intent... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: My friend got arrested today for shoplifting in Arizona. Will he be going to prison?

He just moved here to Arizona from California where he already has been to prison a few times and has a lengthy criminal background for similar crimes. For example, he has a few 2nd degree commercial burglaries and white collar crimes like credit card fraud and similar charges.

K. Bryan Goodman
K. Bryan Goodman answered on Sep 10, 2019

Shoplifting can be charged as a misdemeanor or as a felony depending on the facts of the case. If it is charged as a misdemeanor your friend faces up to 6 months in jail. If it is charged as a felony, your friend could be looking at serious prison time since it appears he has prior felony... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on
Q: How would i go about dropping a order of protection through the courts I've written letters and nothing please help
K. Bryan Goodman
K. Bryan Goodman answered on Aug 5, 2019

Only the judge can dismiss the order of protection and a hearing is often required to do so. I have included a link to the forms used in AZ courts for Orders of Protection. Go to page 17 and use the "Request" page to request the court dismiss the Order. You will have to explain why you want the... Read more »

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