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Questions Answered by Zachary Divelbiss
1 Answer | Asked in Criminal Law for Arizona on
Q: Can my son hire another attorney just for his plea bargain in Phoenix Arizona

We hired a attorney for our son in Arizona to help fight in a complex criminal case. Our son was 19 and just graduated high school, worked since 15, played sports since 2nd grade, never been in any kind of trouble with school or the law in our town. The attorney we hired has not been good for him... View More

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answered on Feb 22, 2024

This is a common issue that happens and I hate to say it but if your son already accepted the plea deal then there is nothing that can be done. A lawyer would have to basically prove that something legally was significantly wrong with the plea to undo accepting the plea.

If, however, you...
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1 Answer | Asked in Criminal Law for Arizona on
Q: how to defeat an affirmative defense plea

even though the party had a mental condition they were aware of what they were doing at the time the crime was commited by trying to clean up the crime scene and stole and fled in that persons car

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answered on Feb 22, 2024

I am not sure your entire question was posted correctly.

There is no such thing as an "affirmative defense plea" so that is the first thing that we would need to know. What it sounds like is maybe you believe there is an affirmative defense based on mental capacity. That can...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Why was i charged w hindering in 2 degree ? Police came on a welfare check, but refused to leave.

I answered door to two police officers that stated they were there on a welfare check called in by a friend. I told them we are all sleeping and that everything is fine. They asked to talk to my son , I woke him up and we both talked through a see through locked screen. they could see we were fine.... View More

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answered on Feb 22, 2024

Hindering in the 2nd degree comes from ARS 13-2511. The law is fairly simple as it says, "A person commits hindering prosecution in the second degree if, with the intent to hinder the apprehension, prosecution, conviction or punishment of another for any misdemeanor or petty offense, such... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: If I was to fly back from another country into USA and landed in Washington and have an active warrant in California.

Would California come get me? Would they know if have an warrant right when I land using my passport? Would I be able to enter the U.S. without them finding out I have a warrant? Or be prepared to be arrested?

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answered on Feb 22, 2024

Yes, if you have an active warrant then you should always expect to be arrested any time you come into contact with law enforcement. We have seen this happen both if you are entering or leaving at an airport as once you provide your ID the system checks for any flags. Now, it is impossible to say... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: i have a charge for criminal damage and disorderly conduct x5 i want to k ow what will happen if i plead guilty
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answered on Feb 20, 2024

Every case is different and since you were charged with 6 criminal misdemeanors, I strongly recommend that you hire a private lawyer to defend you. If you only had one charge, then that might be a different situation where online advice could be helpful.

That being said, here is what I can...
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1 Answer | Asked in Criminal Law for Arizona on
Q: In Arizona criminal case my codefendant confessed to cop that they did it. Can they still prosecute me?

Dangerous Drug/ paraphernalia posession,under threshold. Co-defendant confessed to putting it in my pocket when pulled over for traffic violation. He claimed full responsibility for it 2 times, 2nd time post miranda

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answered on Mar 7, 2023

Yes, even if your co-defendant admits to possessing any or all of the drugs, you can also be charged. There are a few different reasons why that are going to depend on your specific case. First, it could be a false confession that the evidence doesn't support. Second, you can still be in such... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Dangerous Drug charge isn't there a way on a first offense to have the felony dropped to a mischdemeanor?
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answered on Mar 3, 2023

Yes there is. It is not easy to get and there is definitely no guarantee that it will happen. The first thing to do is to hire a private lawyer because it is very rare that you can get this kind of outcome without a private lawyer. The lawyer will work to negotiate a deal down to a misdemeanor. The... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Arizona on
Q: What might my sentence be for a criminal speeding ticket in AZ for a first time offence?

I was driving and I sped up to make it past the light that I felt was about to turn yellow. There was only one other car on the road and it was a truck in the next lane. I passed the truck but started to slow down once I made it past the light, but the truck was following me and it was dark.... View More

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answered on Feb 28, 2023

Based on everything you said, you should be hiring a lawyer to handle this for you. Every case is different so it is not possible to tell you what you will get unless you hire someone. We have seen some judges give people 3+ days of jail for criminal speeding first offense. Other judges might be... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Is there anything in mohave county criminal law called a Donald plea or Donald trial pertaining to a theft for means of

For means of transportation

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answered on Feb 28, 2023

Most felony courts refer to this as a Donald Advisement. This is where the prosecutor is required to say out loud to the judge and the rest of the court what the current plea offer is. They also state if the defendant has any prior felonies and whether they are category 1, 2, or 3 if you lose your... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: I am SMI and went crazy and got a f6. No one was hurt. I am suicidal about this. Can suicidalness get case dismissed?

I am smi. I thought drug traffickers were trafficking children. I am now suicidal about my felony. Can my suicidalness get my case dismissed?

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answered on Feb 28, 2023

No. In almost every situation, you cannot get a case dismissed due to suicidal inclinations or attempts. That is not a legal defense to your charges. There are situations where the life circumstance of someone can change and that could cause a case to be dismissed. In one example, someone is... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Federal Crimes for Arizona on
Q: If someone who is law enforcement does something illigal to you can they take a statement or claim from you legally?
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answered on Feb 28, 2023

If someone is working as an active duty police officer, then they have to act in a professional manner consistent with their training. If they do something illegal then they should be reported. If something they did violated your constitutional rights and they charged you with a crime then you... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: If p.o has 10 days to serve warrent after back in custody but doesn't serve for 17dsys can I be released for that
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answered on Feb 28, 2023

Warrants have many strict rules that if they are not followed and executed correctly then they can be dismissed. However, you seem to be saying there was a 10 day limit on an arrest warrant. I have never seen a deadline to execute an arrest warrant.

It is common with search warrants that...
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2 Answers | Asked in Criminal Law for Arizona on
Q: If contacted by a detective about a stament I mabe do I need to talk to them
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answered on Feb 3, 2022

Brian, above, is correct that you do not have to talk to a detective. However, it sounds like you already talked to the detective and now they want you to talk to them again. I strongly caution you against talking to them in the first place. However, talking to them a second time really screams bad... View More

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2 Answers | Asked in DUI / DWI for Arizona on
Q: was arrested & taken to jail & released. I was given a traffic ticket & complaint for DUI. Why isn’t my case show online

I was given a breathalyzer and field sobriety test, arrested. Then released about an hour later. I was given a traffic ticket and complaint for DUI .08%, DUI slightest, and no lights. I have a court date. Why isn’t my case showing online?

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answered on Feb 1, 2022

Hello, sorry to hear that you are facing DUI charges and are unable to locate the ticket online. This could happen for a couple different reasons.

First, it might simply be too soon before the information gets posted online. The online databases are not real-time, so they don't show...
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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... View More

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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
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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

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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.
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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
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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... View 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.

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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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