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Questions Answered by Zachary Divelbiss
1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
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.

Zachary Divelbiss
Zachary Divelbiss answered on Mar 26, 2019

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 »

1 Answer | Asked in DUI / DWI for Arizona on
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 »

Zachary Divelbiss
Zachary Divelbiss answered on Mar 12, 2019

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...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Can you please tell me what this charge is CR19902991FE is?
Zachary Divelbiss
Zachary Divelbiss answered on Mar 12, 2019

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 »

2 Answers | Asked in Criminal Law for Arizona on
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
Zachary Divelbiss
Zachary Divelbiss answered on Feb 28, 2019

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...
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1 Answer | Asked in Criminal Law for Arizona on
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.

Zachary Divelbiss
Zachary Divelbiss answered on Feb 20, 2019

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 »

2 Answers | Asked in Criminal Law, Family Law and Civil Rights for Arizona on
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 »

Zachary Divelbiss
Zachary Divelbiss answered on Feb 19, 2019

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...
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1 Answer | Asked in Criminal Law and DUI / DWI for Arizona on
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 »

Zachary Divelbiss
Zachary Divelbiss answered on Feb 15, 2019

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 »

1 Answer | Asked in Criminal Law for Arizona on
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

Zachary Divelbiss
Zachary Divelbiss answered on Feb 6, 2019

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 »

1 Answer | Asked in Criminal Law for Arizona on
Q: What is solicitation of sale of dangerous drugs what does this mean
Zachary Divelbiss
Zachary Divelbiss answered on Feb 6, 2019

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 »

1 Answer | Asked in Criminal Law for Arizona on
Q: I'm facing some charges and need help

So I'm facing some charges right now. I'm facing a class 4 felony for possession of dangerous drug. Class 6 felony for drug paraphanelia and a class 2 misdemeanor for underage drinking. They finally took action 3 months after they had came encounter with me, at the time they did not arrest me,... Read more »

Zachary Divelbiss
Zachary Divelbiss answered on Jan 30, 2019

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... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: hired a dui attorney. have my adot hearing tomorrow. I have called and sent email upon email no response...

I am feeling very apprehensive and at this point not sure he will show up for the hearing. What steps do I take from here?

Zachary Divelbiss
Zachary Divelbiss answered on Jan 23, 2019

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...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Im on probation my probation officer came by my house and i had someone over he left when she started questioning him

What's going to happen

Zachary Divelbiss
Zachary Divelbiss answered on Jan 21, 2019

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... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: When Does the defendant see the evidence that proscution has against them before the plea deal or after.

Felony

Zachary Divelbiss
Zachary Divelbiss answered on Jan 15, 2019

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...
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1 Answer | Asked in Criminal Law for Arizona on
Q: I have 2 felonies on my record,1 in 1990 and 1 in 1992. How would I go about getting my rights back?
Zachary Divelbiss
Zachary Divelbiss answered on Jan 2, 2019

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...
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1 Answer | Asked in Traffic Tickets for Arizona on
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

I want to pay my fines in Arizona so I can get my license in another state but I am unable to do so do to a FTA they want me to appear on the matter but I live 1500 mi away what should I do ?

Zachary Divelbiss
Zachary Divelbiss answered on Jan 2, 2019

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

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: nics wants to know if my conviction 44 years ago of larceny was a misdeameanor or felony.

I paid fine thru mail I asked police and court for records. yhey told me and them that after 5 years all misdeameanolrs are purged from system therefore there are no records. that's your answer right? according to nics its not. how do I get records that don't exist how do I pacify nics. gotten... Read more »

Zachary Divelbiss
Zachary Divelbiss answered on Dec 21, 2018

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... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: My husband was charged for theft mean of transportation but the car was borrowed from a friend
Zachary Divelbiss
Zachary Divelbiss answered on Dec 19, 2018

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

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Arizona on
Q: Hi I am sending you a link to the inmates record. Seems he should be released. Thank you

https://apps.supremecourt.az.gov/publicaccess/caselookup.aspx

Zachary Divelbiss
Zachary Divelbiss answered on Dec 10, 2018

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

1 Answer | Asked in DUI / DWI for Arizona on
Q: What happens to your immigration status if you get a DUI?
Zachary Divelbiss
Zachary Divelbiss answered on Dec 2, 2018

This question is better answered by an immigration attorney. I work hand-in-hand with an immigration firm and they can give you a better answer considering they will be able to advise you on your legal status and requirements to gain citizenship. I am aware and highly recommend that you fight your... Read more »

1 Answer | Asked in Traffic Tickets for Arizona on
Q: Why does the law state that you cannot take defensive driving if you hold A CDL in the state of Arizona
Zachary Divelbiss
Zachary Divelbiss answered on Nov 20, 2018

Those who hold a CDL are held to a higher standard and thus will not be allowed to attend defensive driving school. It is a law that was passed and is still in effect. Additionally, MVD may take corrective action against you and your CDL for even some of the most minor driving infractions. If your... Read more »

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