Questions Answered by Zachary Divelbiss

Q: Hello, I was charged with marijuana possession (amount was a dime) on March 6, 2019. I was charged with a misdomeanor.

1 Answer | Asked in Criminal Law for Arizona on
Answered on Apr 4, 2019
Zachary Divelbiss' answer
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 your case. We will contact the prosecutor on your behalf and ensure you get the best deal possible.

Secondly, if you do not want to hire a lawyer, you can speak with the prosecutor yourself and...

Q: Once I plead guilty to a plea deal is the judge allowed to denie it after o plead guilty?

1 Answer | Asked in Criminal Law for Arizona on
Answered on Apr 4, 2019
Zachary Divelbiss' answer
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 contact us directly with confidentiality so we can better answer your question. Zach@Divellaw.com or 480-935-6545.

Q: May an uncharged minor accused of a felony hire an attorney to defend the minor?

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Answered on Mar 26, 2019
Zachary Divelbiss' answer
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.

In most regular adult and minor cases, it doesn't matter who is paying the attorney, all that matters is if the client agrees to be represented by the attorney. In fact, most attorneys do not...

Q: Can an old DUI charge for metabolites in your system be overturned based on the new law stating no longer a dui

1 Answer | Asked in DUI / DWI for Arizona on
Answered on Mar 12, 2019
Zachary Divelbiss' answer
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 luck. After accepting a plea you have 90 days to appeal. Even though the law changes, they are typically not retroactive. You might also need some clarification on the law because marijuana DUIs are...

Q: Can you please tell me what this charge is CR19902991FE is?

1 Answer | Asked in Criminal Law for Arizona on
Answered on Mar 12, 2019
Zachary Divelbiss' answer
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 that handled the case.

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

2 Answers | Asked in Criminal Law for Arizona on
Answered on Feb 28, 2019
Zachary Divelbiss' answer
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 situation.

This happens for a few different reasons. Typically, it is because the prosecutors are not on the same page as the police and someone has dropped the ball. So, the prosecutor...

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

1 Answer | Asked in Criminal Law for Arizona on
Answered on Feb 20, 2019
Zachary Divelbiss' answer
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 reach out at Zach@Divellaw.com or 480-935-6545

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

2 Answers | Asked in Criminal Law, Family Law and Civil Rights for Arizona on
Answered on Feb 19, 2019
Zachary Divelbiss' answer
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 everything in full is because you agreed in your plea agreement that you would pay full restitution whether you caused the harm or not or whether the co-defendant pays or not. This is standard language in...

Q: A friend has been charged in Arizona for Possession of Marijuana and DUI. What to do next? No priors. Court in a week

1 Answer | Asked in Criminal Law and DUI / DWI for Arizona on
Answered on Feb 15, 2019
Zachary Divelbiss' answer
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 everything goes well. It is typical to have the drug charges reduced or completely dismissed after doing TASC. The DUI is going to be a little more difficult and may require jail if not taken care of...

Q: What does it mean when a case says long form citation filed about 6 times ?

1 Answer | Asked in Criminal Law for Arizona on
Answered on Feb 6, 2019
Zachary Divelbiss' answer
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 in order to charge the suspect with a crime. This commonly happens in a DUI where they draw someone's blood but can't charge them until they get the blood results back. In other situations, the...

Q: What is solicitation of sale of dangerous drugs what does this mean

1 Answer | Asked in Criminal Law for Arizona on
Answered on Feb 6, 2019
Zachary Divelbiss' answer
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 be facing lots of jail time. We would be happy to provide a free consultation! 480-935-6545 or Zach@Divellaw.com.

Q: I'm facing some charges and need help

1 Answer | Asked in Criminal Law for Arizona on
Answered on Jan 30, 2019
Zachary Divelbiss' answer
There is definitely something you can do. HIRE A LAWYER! We can walk you through all of the steps of this offense and will need to talk directly with you about everything that could happen and will happen. When you hire us, we will be able to go to court for you and make sure you get the best deal possible or get the case dismissed. I do not recommend doing this without the help of a lawyer and it is your choice whether you use the public defender you will be provided. Please feel free to call,...

Q: hired a dui attorney. have my adot hearing tomorrow. I have called and sent email upon email no response...

1 Answer | Asked in DUI / DWI for Arizona on
Answered on Jan 23, 2019
Zachary Divelbiss' answer
It is unfortunate that you are having a poor experience with your attorney. Lawyers can be very busy so I expect they are busy but will be at your hearing or they will have one of their associate attorneys conduct the hearing.

I suggest to you that you still attend the hearing at the scheduled time (show up early). If the lawyer doesn't show up, let the court staff at the window know that you need to reschedule it because your attorney need to reschedule. It is up to the judge for them...

Q: Im on probation my probation officer came by my house and i had someone over he left when she started questioning him

1 Answer | Asked in Criminal Law for Arizona on
Answered on Jan 21, 2019
Zachary Divelbiss' answer
Is there anything in your probation agreement that says that particular person cannot be over? For instance, was the person a victim in your case? If not, then you should not have any issue. However, I feel as if there is more to the story that we would need to know before we could properly advise you.

Q: When Does the defendant see the evidence that proscution has against them before the plea deal or after.

1 Answer | Asked in Criminal Law for Arizona on
Answered on Jan 15, 2019
Zachary Divelbiss' answer
You will see and be able to review the evidence both before and after you receive a plea offer.

ASK for your evidence and you will receive it!

WHEN you receive it is a better question...

With a misdemeanor case, most of your evidence will be available before you receive a plea offer. There may be some outstanding evidence that you will not have such as body camera footage, DNA, blood tests and other various evidence. You will likely have all police reports, witness...

Q: I have 2 felonies on my record,1 in 1990 and 1 in 1992. How would I go about getting my rights back?

1 Answer | Asked in Criminal Law for Arizona on
Answered on Jan 2, 2019
Zachary Divelbiss' answer
Awesome to hear you are interested in getting your right back! Many people complete their cases and move on in their lives without getting their rights back.

At this website you will find the application and directions for the "restoration of rights" packet. You should be able to follow the directions and get everything completed. Be sure to accurately complete the entire application or else it will be denied. You can also hire a lawyer, such as our firm, to complete the application...

Q: What can I do if I have a failure to appear on a driving on suspended in Arizona but no longer live in that state

1 Answer | Asked in Traffic Tickets for Arizona on
Answered on Jan 2, 2019
Zachary Divelbiss' answer
Hire a lawyer and we can go to court for you and allow you to complete the suspended license case without you having to come back to Arizona. Make sure you let the lawyer know the situation so you don't end up overpaying. Give us a call or email if needed 480-935-6545 or zach@divellaw.com

Q: nics wants to know if my conviction 44 years ago of larceny was a misdeameanor or felony.

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Answered on Dec 21, 2018
Zachary Divelbiss' answer
Hello, I understand your frustration as we have encountered similar issues. Our best recommendation is to go in-person to the County Records Office. If your case 44 years ago was in Maricopa county then you have a few different locations you can go to. This is your best bet to find what you are looking for. If they don't have records then good luck for anyone else finding something.

Q: My husband was charged for theft mean of transportation but the car was borrowed from a friend

1 Answer | Asked in Criminal Law for Arizona on
Answered on Dec 19, 2018
Zachary Divelbiss' answer
Your husband may have a good case. Please feel free to contact us directly and we can speak in confidentiality about his case and how we can help. 480-935-6545 or Zach@Divellaw.com

Q: Hi I am sending you a link to the inmates record. Seems he should be released. Thank you

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Arizona on
Answered on Dec 10, 2018
Zachary Divelbiss' answer
Hello, this link you have attached is the generic link without any individual case information. I do not believe the site will allow you to copy and paste it with the inmates information. Feel free to send us an email with the information. Zach@Divellaw.com

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