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Questions Answered by Zachary Divelbiss
2 Answers | Asked in Criminal Law, Federal Crimes, Juvenile Law and Sexual Harassment for Arizona on
Q: A teenager molested a child for three years straight 6 years ago, Is there hope to get justice for that now? Arizona.

The Child was 8 and the Teen was 13 when it began. The last time it happened was when the child was 11 and the Teen was 16. It happened 6yrs ago so the child is 17 now and the teen should be 22. The dude has a young daughter now and we’re so scared he might do something to her. We don’t know if... Read more »

Zachary Divelbiss
Zachary Divelbiss answered on Apr 16, 2020

If you are reporting a crime, you need to contact your local law enforcement agency.

Arizona felonies have a statute of limitations of seven years. However, certain crimes, such as this, may fall into a certain category where there is no statute of limitations. I will not go into further...
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2 Answers | Asked in Criminal Law for Arizona on
Q: What does mean Docket code 187 code ME Ruling in Arizona Supreme Court
Zachary Divelbiss
Zachary Divelbiss answered on Apr 16, 2020

You need to contact your specific court about this question. I presume it is simply a classification that your court uses to organize their cases. Each court organizes their cases differently and uses a different numbering system.

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2 Answers | Asked in Criminal Law for Arizona on
Q: What does mean if in the Supreme Court appear 187 ME PCR Rulings

This is an answer of no colorable claims Due Date for Pro Per Petition in Arizona

Zachary Divelbiss
Zachary Divelbiss answered on Apr 16, 2020

You need to contact your specific court about this question. I presume it is simply a classification that your court uses to organize their cases. Each court organizes their cases differently and uses a different numbering system.

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2 Answers | Asked in Consumer Law, Criminal Law and Federal Crimes for Arizona on
Q: Can I get my office manager arrested for fraud if he was authorized user on the card.
Zachary Divelbiss
Zachary Divelbiss answered on Apr 16, 2020

If you are reporting a crime, you need to contact your local law enforcement agency.

To quickly answer your question, ANYONE can commit fraud. I expect you have more details about what exactly it is that your manager is doing but just because someone is authorized to use a credit card,...
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2 Answers | Asked in Criminal Law for Arizona on
Q: What kind of a criminal case has a file number like this in Arizona? S-1100-IS-201800032
Zachary Divelbiss
Zachary Divelbiss answered on Apr 16, 2020

A case number that begins with "IS" typically involves insurance. In a criminal case it would be insurance fraud. Other case abbreviations are "TR" (Traffic), "CR" (Criminal), "PF" (Prefile), etc. However, each court is allowed to use their own abbreviation... Read more »

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2 Answers | Asked in Criminal Law for Arizona on
Q: Violation of parole

My daughters father was just released from prison and put on parole. However, a week after he got out he obtained another dangerous drug charge. How much Time is he facing in prison? Also, he has previous drug charges so this new charge is “aggravated “. Much help would be appreciated.

Zachary Divelbiss
Zachary Divelbiss answered on Apr 16, 2020

I agree with Stewart and you should strongly consider contacting a private attorney to help your child's father.

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2 Answers | Asked in Criminal Law for Arizona on
Q: Is it normal for there to be different charges that are not listed when you were told certain charges you will c judge 4

Every time u turn around my fiance charges change court papers say "DANGEROUS DRUG" POSS & SELLS, my arrest online charge went from SYNTHETIC DRUG MANUFACTURER OR SELL and the open access updated website says TRANSPORTATION DANGEROUS DRUG FOR SELL..

Also on police reports... Read more »

Zachary Divelbiss
Zachary Divelbiss answered on Apr 16, 2020

I agree with the answer below but straight to the point is that nothing on the internet has to be perfect. Often times the information a court or database, such as public access, does not public accurate information. The most accurate information for you to refer to is your indictment.

If...
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2 Answers | Asked in Criminal Law for Arizona on
Q: What should i do with an open container charge? Pulled over for failure to stop and had open container in car.

Wasn't drunk passed all test no breathalyzer given. Just plead guilty and pay the fines? What could it be pleaded down to?

Zachary Divelbiss
Zachary Divelbiss answered on Apr 16, 2020

I agree with Stewart's answer.

To add some more information. There is typically a benefit of hiring a lawyer to seeking a plea deal that allows you to take an alcohol course in exchange for getting the case dismissed. This will save you some money and protect your criminal record. If...
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1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Arizona on
Q: how do I legally create a militia in AZ? What can I not do?

I created a group that consists of 23 people. We have soldiers, cooking staff, registered nurses, maintenance crew, and a supply/inventory crew that would come together in the event of a total collapse of the government and the United States. I was thinking about having some of us register as NRA... Read more »

Zachary Divelbiss
Zachary Divelbiss answered on Apr 1, 2020

As a criminal defense lawyer, I don't have the best answer for you. I recommend that you contact a lawyer who specifically deals with constitutional law as this is going to be up the alley of constitutional freedoms such as speech, assembly, etc.

On the criminal defense side of...
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1 Answer | Asked in Traffic Tickets for Arizona on
Q: would i get pulled over just for driving during the 30 day quarantine Arizona is having now?
Zachary Divelbiss
Zachary Divelbiss answered on Apr 1, 2020

No! You still have constitutional rights that protect you and your families. When it comes to being pulled over, the police must have a valid reason to pull you over. They cannot use the stay at home order as justification to pull anyone over and question them.

On the incredibly off chance...
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1 Answer | Asked in Traffic Tickets for Arizona on
Q: I have a citation for no registration, no seatbelt driving on a suspended license and headlight out. They are all over

Over 15 years I received them mostly all in one day from each jurisdiction, Peoria, Glendale, Phoenix, Tempe, Mesa. I even served time in jail for about a week. How can I get them reduced or dismiss

Zachary Divelbiss
Zachary Divelbiss answered on Apr 1, 2020

In Arizona, we do not have a law that allows for expungements. However, we do have a law that allows for "Set Asides". This essentially is the AZ equivalent of an expungement or sealing records.

In your situation, it seems as if these offenses occurred 15 years ago and you were...
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2 Answers | Asked in Criminal Law for Arizona on
Q: I was released from jail on my own recogn. But the judge wanted me to go check in with probation / pretrial but I couldn

Find it , will I get intouble for not checking in ?

Zachary Divelbiss
Zachary Divelbiss answered on Apr 1, 2020

Pretrial officer's will write a report a report and submit it in preparation of your next court date showing that you never contacted them. You can contact their generic line at 602-506-8500 to let them know that you need to check in. Usually, they will make exceptions for little mishaps such... Read more »

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2 Answers | Asked in Criminal Law, Civil Rights and Gaming for Arizona on
Q: I live in Arizona. I have 2 non violent felonies(20 years ago). Can I purchase, own or possess a black powder pistol?
Zachary Divelbiss
Zachary Divelbiss answered on Apr 1, 2020

Mr. Salwin is absolutely correct in his answer.

I strongly recommend that you or your attorney file the proper paperwork at your soonest convenience. I have personally represented may people who are prohibited possessors because of a prior felony and then they pickup additional charges...
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2 Answers | Asked in Criminal Law for Arizona on
Q: I live in Arizona and I got charged with poss of marijuana and paraphernalia and it's my first offense

What are the consequences I can get

Zachary Divelbiss
Zachary Divelbiss answered on Apr 1, 2020

If the prosecutor is giving you anything other than TASC, then you need to immediately ask for a continuance and contact one of us to represent you.

Zach@futurefirst.law or 602-900-6642

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2 Answers | Asked in Immigration Law, Criminal Law and DUI / DWI for Arizona on
Q: If a illegal immigrant has EDC Court , what will most likely happened on that day
Zachary Divelbiss
Zachary Divelbiss answered on Apr 1, 2020

The response by Adan is correct as for the process.

If I am reading between the lines, you do not need to worry about security arresting you simply because of your undocumented status. However, if your plea agreement calls for jail time then you should absolutely be worried about your case...
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2 Answers | Asked in Criminal Law for Arizona on
Q: If a 17year old boy has felony warrants will he have everything dropped when he is 18

Worried about him and his thinking right now he believes if he waits until a month before his birthday to turn himself in he will have a clean slate and only serve a month

Zachary Divelbiss
Zachary Divelbiss answered on Apr 1, 2020

I believe the answer below is correct for the most part but would clarify that the individual will be charged as an adult the moment he turns 18. In fact, depending on the crime, he can be charged as an adult without him being 18. The smart thing to do would be to try and resolve the case before he... Read more »

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1 Answer | Asked in DUI / DWI for Arizona on
Q: DMV hearing, which BAC reading will be used?

For the purposes of a DMV hearing to determine if my BAC was 0.080 or greater, my two readings (Intoxilyzer 8000) were 0.080 (equal to) and 0.077 (less than). Is the administrative judge required to use the lower, average or higher value in that determination?

Zachary Divelbiss
Zachary Divelbiss answered on Feb 10, 2020

The Administrative Law Judge is not required to go with the lower or higher BAC only, as they will take both into consideration. I do not know the specifics of your case and recommend you contact me directly if you want more help at 602-900-6642.

In most MVD hearings the judge is looking...
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1 Answer | Asked in Criminal Law for Arizona on
Q: lost my ticket/complaint how can I find out what date and time I am supposed to appear at Chandler Municipal court AZ
Zachary Divelbiss
Zachary Divelbiss answered on Jan 27, 2020

You can contact the court directly at 480-782-4700 (0) and they will be able to tell you the date and time of your next court date. If you need any help, please contact me directly at 602-900-6642.

1 Answer | Asked in Criminal Law for Arizona on
Q: Should they have continued searching my car?

Allegedly, an undercover officer pulled me over after running my info and seeing that I supposedly had a suspended license. So, he told me that the car would have to be towed and asked if there was anything in the car. Allegedly, I admitted to drug paraphernalia being in there. As they searched,... Read more »

Zachary Divelbiss
Zachary Divelbiss answered on Jan 23, 2020

This is a situation where you will definitely want to talk to me about the specifics of your case, or your friend’s case. Usually there is enough reason to search the case based on you admitting to there being drugs/paraphernalia in the car but this can get much more complex than a simple yes or... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: In Arizona criminal proceedings does the defendant have a right to a lawyer during an evidentiary hearing?
Zachary Divelbiss
Zachary Divelbiss answered on Jan 23, 2020

Yes a criminal defendant has a right to a lawyer at all stages of their case, including an evidentiary hearing. There are very few reason where you wouldn’t have a lawyer and I would be more than happy to discuss it with you. Feel free to reach out for a free consultation 602-900-6642.

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