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Questions Answered by Josephine Pesaresi Hallam
1 Answer | Asked in Criminal Law for Arizona on
Q: How to defend possession of drug paraphernalia found in vehicle that neither party claimed. Is not defendants P.O. testi

Police officer said will speak to judge for defendant

Josephine Pesaresi Hallam
Josephine Pesaresi Hallam
answered on Aug 7, 2023

The answer the possession charges are fact specific. So: who owned the car? Where was everyone sitting in the car in relation to the drugs? What is everyone’s criminal history? Were the drugs found in anyone’s bag or under anyone’s chair? Were the frustum plain sight?

Is there a...
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3 Answers | Asked in Criminal Law for Arizona on
Q: How do I go about getting a court appointed lawyer after receiving a citation?
Josephine Pesaresi Hallam
Josephine Pesaresi Hallam
answered on Dec 21, 2020

I agree with Attorney Maerowitz. The court has each person do a financial affidavit to see if you are eligible for a public defender. If you meet the criteria of indigency, the next step is to see if you qualify regarding your case qualifications. If the prosecutor is not asking for jail time in... View More

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1 Answer | Asked in Criminal Law for Arizona on
Q: i called police on boyfriend lied to them now boyfriend in custody with charges pending cant afford 7500 need lawyer

how do i fix this this

Josephine Pesaresi Hallam
Josephine Pesaresi Hallam
answered on Jul 28, 2020

Call the detective working on the case, or the victims advocate office at the county attorneys office, and tell them that you were not telling the truth.

Give the detective a new statement. And contact your boyfriends attorney. There are victims rights in Arizona, so you will have to waive...
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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... View More

Josephine Pesaresi Hallam
Josephine Pesaresi Hallam
answered on Oct 19, 2019

First of all, I’m sorry you’re going through this. The crimes you’re facing a very serious. The meth sales alone, have a punishment of five years prison minimum, 10 years prison presumptive, 15 years prison maximum. And that’s flat time.

Any scales, baggies, ledgers, can be used...
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1 Answer | Asked in Criminal Law and DUI / DWI for Arizona on
Q: Can I send character letters directly to the judge instead of through the court appointed lawyer?

Lawyer has been completely unreliable.

Josephine Pesaresi Hallam
Josephine Pesaresi Hallam
answered on Sep 21, 2018

First, I am sorry your attorney has not given you confidence. It is hard enough to face criminal charges, but not having an attorney who you feel is in your corner is unbearable.

Second, you should always give anything you need the Court to see to your attorney first. It is not advisable...
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1 Answer | Asked in Car Accidents, Criminal Law and Civil Rights for Arizona on
Q: Can someone return your car then leave with it again without your consent and not being it back.

I gave my car to a friend. He won't pick up his phone for 3 days now. He returned my vehicle then hopped in it and told my kids he was going to the studio. I never told him he could. Can I press charges. He won't bring it back

Josephine Pesaresi Hallam
Josephine Pesaresi Hallam
answered on Sep 19, 2018

Yes. There are two types of charges in this area.

One is called the means of transportation. And then a lesser felony is called unlawful use of means of transportation.

A theft of means involves someone permanently trying to deprive you of your property (vehicle). And on a lawful...
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1 Answer | Asked in Criminal Law for Arizona on
Q: If I am having issues with my probation officer where she is abusing her power, where can I get help? Who can help me?
Josephine Pesaresi Hallam
Josephine Pesaresi Hallam
answered on Sep 19, 2018

Call the probation department and ask to speak to her supervisor. Prepare specific dates with any actions she’s made that you have issues with. Hopefully the supervisor can speak to her and then reassign into different probation officer.

Best of luck. Josephine Hallam

1 Answer | Asked in Criminal Law for Arizona on
Q: My 17 year old was carjacked by knife point in Phoenix Arizona, what will happen next?

My son was parked on the side of the road and he was in his backseat changing for work when a man entered his driver door and proceeded to drive off with my son and his car.My son asked him what he was doing and tried to fight the man from the back seat and the man pulled out a knife and was trying... View More

Josephine Pesaresi Hallam
Josephine Pesaresi Hallam
answered on Sep 19, 2018

Your son is a victim and is protected under the victim bill of rights of Arizona. This means that the prosecutor will contact him if an arrest is made, with all court dates, regarding any type of plea or if the case is going to trial.

He will be assigned a victims advocate through the...
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1 Answer | Asked in Criminal Law for Arizona on
Q: If a parolee absconded from Colorado to Arizona for family emergency, warrant is issued parolee is pulled over

Pulled over and expedited back to Colorado what is most likely the punishment he has a F6 for trespassing

Josephine Pesaresi Hallam
Josephine Pesaresi Hallam
answered on Sep 19, 2018

If I followed your question correctly, you’re wanting to know the possible punishments for class six felony in Arizona. A class six felony is the lowest level felony, but if your friend has priors it would be a higher punishment.

And if the phone he was committed while on parole...
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1 Answer | Asked in Criminal Law for Arizona on
Q: My ex-boyfriend has a prior misdemeanor assault on his record & i filed another assault case on him. What could he face
Josephine Pesaresi Hallam
Josephine Pesaresi Hallam
answered on Sep 19, 2018

I am assuming you are referring to second misdemeanor assault. The punishment for a class one misdemeanor is up to six months in jail, fines, fees, and probably domestic violence counseling.

If there was any sort of fracture or serious bodily injury or a weapon was used, it can be charged...
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2 Answers | Asked in Criminal Law for Arizona on
Q: Are these still being used? (ARS13-1401,13-1410) or did they get dropped because they were inconstitutional?
Josephine Pesaresi Hallam
Josephine Pesaresi Hallam
answered on Sep 19, 2018

These are extremely serious charges. If you or a loved one are facing charges under these statutes, I encourage you to speak to an a attorney who has experience with sex crime defense.

Many of us here on Justia, myself included, have a long history of defending high level Sex crimes and...
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