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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... View More

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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?

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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... View More

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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?
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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

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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 ?

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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... View 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?
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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

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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
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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

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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... View 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?

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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
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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,... View More

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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... View 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?
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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.

1 Answer | Asked in Criminal Law for Arizona on
Q: What is the sentencing for false information to law enforcement in Arizona? I have no record
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answered on Jan 23, 2020

There are a few different charges that could involve providing false information so it would be best to contact me directly for a free consultation 602-900-6642. If it’s a misdemeanor then there’s going to be less of a punishment than a felony. However, everyone’s case is a little different... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: i got pulled over and the reason for pulling me overx the sheriff said "he pulled me over because i was trespassing"

is trespassing a moving violation? it seemed like if they were watching me or the area, cause there were 3 sheriffs involved in the stop.

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answered on Jan 23, 2020

I agree that this is a very weak reason to be pulled over and isn’t the typically traffic violation that allows a the police to conduct a traffic stop. However, someone can still tresspass while in a vehicle so I would need to know more about what actually happened. Feel free to reach out for a... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: If someone signs extradition papers does the state who issued the warrant have to wait until he finished his sentence
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answered on Jan 23, 2020

Good questions. Legally the answer is pretty vague as the extradition allows the removal to another state. Typically, if someone is already in custody they will finish their sentence and then be extradited to the new state to face the other charges. If you have more questions or are worried about... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: How much in Arizona can my brother get for a class 3 theft of means of transportation first-time offender
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answered on Dec 11, 2019

A Class 3 Felony maximum for a first time offender is 8.75 years. The lowest amount could be probation. Obviously, your brother could fall anywhere in-between that and he would want to talk to a lawyer to make sure he gets the lowest amount. Feel free to contact me at zach@divellaw.com or... View More

2 Answers | Asked in Criminal Law for Arizona on
Q: 2018 my wife was charged with Felony Fleeing it has been over 1/1/2 yrs ago now she is charged Help ??

Feb 2018 my wife was arrested for felony fleeing.The police arrested her from our home.The police refused to allow her to make arrangements for our 3 minor children who were left in the home alone overnight leaving her open to child neglect charges on top of felony fleeing. I was deployed in... View More

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answered on Sep 27, 2019

Please contact my me for an immediate confidential consultation! Zach@Divellaw.com or 480-935-6564. Free of charge consultation so I can get more information on your wife's situation and visit her in person.

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1 Answer | Asked in Juvenile Law for Arizona on
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

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answered on Jun 17, 2019

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... View More

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