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Questions Answered by K. Bryan Goodman
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 »

1 Answer | Asked in Criminal Law for Arizona on
Q: If i was pulled over for a crime i did not comitt and was patted down and searched and found marijana can i be charged

Can i be charged with the lil amount of marijana if i was never suppose to be stopped in the first place

K. Bryan Goodman
K. Bryan Goodman answered on Aug 5, 2019

Hello and thank you for the question. If the initial stop and detention were unlawful, you may be able to successfully defend the possession of marijuana. However, such a challenge relies heavily on the facts of your particular case. A lot more information is needed to give you the best answer.... Read more »

3 Answers | Asked in Criminal Law for Arizona on
Q: My son is 20 is going to graduate from college, works, has his own car, apparment. Excellent kid!. He has a court order

Class 6 ,he hit someone in the nose by accident when he was having a bad reaction to pot,he wasn't arrested, can he get his charges dismissed with maybe a fine and probation?

K. Bryan Goodman
K. Bryan Goodman answered on Jul 30, 2019

Hello and thank you for your question. Because your son is charged with a felony, he will be appointed an attorney if he cannot afford one. In terms of possible outcomes, it is unlikely your son will do any jail time but making sure he has a clean record is very important for his future. I... Read more »

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1 Answer | Asked in Criminal Law for Arizona on
Q: In felony murder cases, does everyone involved get charged or can prosecutor pick and chose who they want to charge?

Ex; if 4 people are involved however only 2 people get charged

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

Prosecutors make charging decisions based on the evidence. If there is sufficient evidence all parties were involved, then all parties will be charged. In a typical felony murder prosecution, all "confederates" (actors in the original crime) are charged.

1 Answer | Asked in Criminal Law for Arizona on
Q: Need a lawyer to get off probation Have been out 3 yrs no police contact, following all probation regulations.
K. Bryan Goodman
K. Bryan Goodman answered on Jul 26, 2019

Hello and thank you for the question. You can hire an attorney to file a Petition to Terminate Probation (you can also file the motion yourself). Such as motion is typically appropriate after you have finished at least 50% of the probation time, stayed current on fines and fees, and have remained... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Arizona on
Q: What does it mean if the Court of Appeals sets a hearing date, then vacates it’s previous order & declines jurisdiction?

I’m trying to understand some paperwork the Arizona Court of Appeals, District 1, has posted regarding a Special Action. The case is in Phoenix, AZ.

K. Bryan Goodman
K. Bryan Goodman answered on Aug 12, 2018

It means they are declining to hear the Petition for Special Action and whatever order was appealed will stand.

1 Answer | Asked in Criminal Law for Arizona on
Q: i had a misdemeanor charge for shoplifting and lost my fingerprint clearance card would i be able to get it back
K. Bryan Goodman
K. Bryan Goodman answered on Aug 9, 2018

It is possible to get it back. You would have to apply for a waiver called a "Good cause exception." I would also suggest speaking with an attorney about getting that conviction "set aside." This will give you the best shot at getting that fingerprint clearance card back. Unlike many States,... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: i am looking for info in re: how many cases involving manslaughter or murder in arizona recieved a 25yr or less sentence

im only looking for about 10yrs back. My son is serving 75 years sentence for misconduct with a weapon which he got 21yrs for burglery 25yrs and kidnapping 25yrs (it was his girlfriend he didnt kidnap her her parents didnt like him) all ran consecutively. so im trying to research murder and... Read more »

K. Bryan Goodman
K. Bryan Goodman answered on Aug 9, 2018

I am not sure how to best go about gathering that information but I would start with a phone call to the Clerk's Office. I have included a link to their website with more information. Best of luck!

(602)372-5375

http://www.clerkofcourt.maricopa.gov/new_contacts.asp

1 Answer | Asked in Criminal Law for Arizona on
Q: Does a accusation from 10years ago have a strong case in court

A family members has been falsely accused. Of something that happened 10years ago

K. Bryan Goodman
K. Bryan Goodman answered on Aug 9, 2018

There are a couple issues with a 10 year old accusation. One would be the statute of limitations - meaning the case may be too old to be prosecuted. However, there are certain offenses where the standard 7 year statute of limitations for felonies would not apply. Second, what is the reason they... Read more »

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