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... View More 
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... View More
Should I get a lawyer?
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... View More
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... View More
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.
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... View More
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.
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... View More
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... View More
Can i be charged with the lil amount of marijana if i was never suppose to be stopped in the first place
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.... View More
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?
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... View More
Ex; if 4 people are involved however only 2 people get charged
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.
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... View More
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.
answered on Aug 12, 2018
It means they are declining to hear the Petition for Special Action and whatever order was appealed will stand.
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.... View More
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... View More
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
A family members has been falsely accused. Of something that happened 10years ago
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... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
