Questions Answered by Zachary Divelbiss
Q: i was found with a wax pen and its a felony in AZ but i'm only 16 can i somehow get that dropped to a misdemeanor
i was caught bc of shop lifting and lied to the cop so idk how thats gonna go in court and i dont have any priors
he told me my papers will come in the mail but people told me that when cops say that is just to scare me and he isnt gonna press charges
You really need to contact a lawyer as soon as possible! You are a juvenile and are facing a felony. These are two very important things that you should value deeply and want to solve the right way. There is good news with recent changes in the law and it is possible to have your case completely... Read more »
Q: I was charged with dangerous drug and paraphernalia and completed my probation term. Now they are trying to charge drive
I am not sure what they are trying to do to you now that you have completed your probation term. I recommend you contact me as soon as possible to best protect yourself from an more legal issues. Zach@Divellaw.com or 480-935-6545
Q: If someone call the police on me and left, can I be detained until they show up to give their statement?
This is a tricky question to answer because there are many specific things that can happen that need to be evaluated. However, the quick and simple answer is that as long as the police are conducting an investigation they are allowed to detain you. Now, there are other legal things to bring into... Read more »
Q: 3rd degree burglary and theft is most likely sentenced to how many years in AZ?
Burglary in the 3rd degree is a class 4 felony. If the person does not have any prior felonies (among other issues) the range of sentencing is: probation -- 1 year -- 1.5 years -- 2.5 years -- 3 years -- 3.75 years. I cannot get any more specific in answering your question but if you know someone... Read more »
Q: My daughter is incarcerated at the Sate prison in Perryville, Goodyear. She is serving a three year sentence for non
violent crime. In October she developed breast cancer and after eight months has not been started on therapy, she is presently at stage 3a. In similar cases as dire as this how can she get a earlier release or furlough to receive life saving care. her release date is Feb. 2020.
My best recommendation is to contact Middle Ground Prison Reform at middlegroundprisonreform@msn.com. They handle these kind of issues on a daily basis and are former judges.
Q: Good day, how can I know if there is an arrest warrant against any person or, if applicable, an extradition order?
The intention is to know where the problem is (we already know that he has a problem) and try to attend to it.
One of the best ways to see if someone has a warrant is to contact the Department of Public Safety at 602-223-2233. They will ask for your name and date of birth in order to look up if you have a warrant and will be able to tell you right then and there.
Q: How can I get my license back I was pulled over vehicle taken about two years ago changed my life since job family
I need to get LIC back to go to work even if payment plan small I have proof I moved was stranded in California never received noticed didn't know warrant existed help
The answer is fairly simple however the process can be complicated. Essentially, you have to contact the MVD and have them provide you a copy of your driving record. You can typically do this online or in person. Then, on the report you will be able to see which court, if any, have a hold on your... Read more »
Q: What is the law about joint custody and Child released on intence probation. Does he still get to go back and forth
My son is 15 He was released on intense probation to his father and now his father is saying he can’t live with me until he is off probation in a year. I wanted to know what my rights are. His dad has been gone for almost 2 years and just came back when my son got arrested.
You will need to check the Intensive Probation Order (IPO). The IPO is an order from the judge (or probation) that allows him to stay somewhere. This is not a decision from the father. You may be able to contact the judge or probation officer to have them allow your son to stay with you.
Q: If i have a felon 6 from 2017 can i get a medical card to close the case?
I believe I understand what you are asking but if not, you may have to contact us directly for a better answer.
If you had a drug possession charge from 2017 or really anytime before you have a medical card, then you will have to resolve the case. If you get a medical card after you are... Read more »
Q: Hello, I was charged with marijuana possession (amount was a dime) on March 6, 2019. I was charged with a misdomeanor.
The marijuana was for my own personal use. I was a passenger in a rental car driving from AZ to IL and we got pulled over on I-40 in Holbrook, AZ. When the officer asked if we had any drugs in the car we answered yes and we told him where it was .I had a telephonic appearance with the judge in... Read more »
Yes, a lawyer can always help you with these kind of cases. Given the nature of your case and the fact that you don't have any prior felonies, you should be in a good position.
You have two different options.
First, you can contact a firm, such as ours, to sit down and go over... Read more »
Q: Once I plead guilty to a plea deal is the judge allowed to denie it after o plead guilty?
The judge has a right to reject any plea offer before you accept the plea. Once you accept the plea, the judge cannot reject the plea UNLESS there is something that is not accurate in the plea...such as have priors when you said you didn't, etc.
This is vague so it might be better to... Read more »
Q: May an uncharged minor accused of a felony hire an attorney to defend the minor?
Grandparents are willing and able to pay legal expenses. Minor’s parents do not want grandparents involvement. Minor does want grandparents help. Minor needs legal help. Parents have not obtained legal assistance.
This is an interesting predicament you are in because of the individual needing help being a minor. The fact that the minor is involved means the parents or legal guardians need to be involved but not as much as you might think. They need to be present for court and that's about it for most cases.... Read more »
Q: Can an old DUI charge for metabolites in your system be overturned based on the new law stating no longer a dui
So back in 2009 I was charged with a DUI for metabolites in my system and was not under the influence given a fine and ordered to have a breathalyzer put in my car even though I did not have any alcohol in my system at all and my license was suspended. I still owe the fine and that you're still... Read more »
This is an interesting question and situation you are in. My best recommendation is to contact Reeves Maxwell Law since they specifically and exclusively handle appeals. Their number is 480-352-3701 or email: admin@appealsaz.com
Based on my limited knowledge of appeals, you might be out of... Read more »
Q: Can you please tell me what this charge is CR19902991FE is?
I am having trouble trying to pull up this case number to see what the charge is. I will need more information in a confidential email to zach@divellaw.com. I need full name and date of birth. If you know more about the surrounding case, that would be helpful such as the year of offense and court... Read more »
Q: If I was charged with something you and they had no evidence so they dropped the charges the send a now found the charge
It sounds like you are experiencing a classic situation where the prosecutors and police are not on the same page and so what happens is the prosecutor ends up dismissing the charges.
At a later time, the prosecutor then brings back up the charges and you are once again stuck in the same... Read more »
Q: If my daughter is on financial probation and pays off the fine, does the probation end then? She is unable to get a job
One employment agency that wanted to hire her after 7 years now says (even tho the 7 years have passed) she will have to wait until her probation period is over, another 2 years.
Typically, once you complete all terms of probation you can apply to end your probation. Sometime probation ends automatically but better save to double check. You should contact a lawyer to get help with this or contact the court clerk to see how to get it done at your specific court. Feel free to... Read more »
Q: Is there a way to open a civil case to be reimbursed by my codefendant for half of the restitution I solely paid in full
I was involved and charged in a case in 2016 that led to a large sum of joint and several restitution between my codefendant and I. I had just turned 18 and was charged as adult, meanwhile my codefendant was 17 and was charged as a juvenile. In turn they were essentially "let off the hook" and... Read more »
This is a question we get asked quite frequently. Who you really need to ask is a civil litigation attorney but their answer is likely going to be that you will not have a successful lawsuit against the other party.
The unfortunately reason that you will be held responsible to pay... Read more »
Q: A friend has been charged in Arizona for Possession of Marijuana and DUI. What to do next? No priors. Court in a week
No priors. Pulled over for running a redlight. Police found a very small amount of marijuana. Court is in about 9 days.
First priority is to get the felony possession dropped to a misdemeanor at least. Would also like to fight the DUI charge since they were not impaired while driving.... Read more »
Your friend should contact and hire a lawyer immediately. There are no "do-overs" in criminal court or with the charges he is facing. He will be provided with a public defender for both cases but since it's his first offense, he should make sure someone puts careful attention into his case so... Read more »
Q: What does it mean when a case says long form citation filed about 6 times ?
I have court pending and on the case it says long dorm citation filed about 6 times
This is a legal phrase that means your case took longer to be filed than normal. Typically, police will come into contact with someone and immediately write them a ticket for what ever crime they feel is appropriate. When they long form a ticket, it typically means they had to do more investigating... Read more »
Q: What is solicitation of sale of dangerous drugs what does this mean
It means its a MAJOR FELONY! This basically means that who ever is charged with this was somehow involved with the sale of a dangerous drug. There are many different dangerous drugs but commonly it's meth. If you have been charged with this then you need a consultation immediately or else you could... Read more »
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