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Questions Answered by Zachary Divelbiss
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?

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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

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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... View 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

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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?
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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...
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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 ?

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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... View More

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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... View 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
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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

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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?
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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... View 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
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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... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: How can I get my husband free from jail if his case isn't right

My husband had trail in Nov 14 and he found guilty but there is a 30 second delay in the video and the cop lied I think he got treated unfairly and I don't think his public defender Really helped him please help me I need my husband free

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answered on Nov 16, 2018

You should begin to look for an attorney that handles post conviction relief and appeals. They will be your best help for your husband. The public defender's office has an appeals department if you are unable to afford a private attorney.

1 Answer | Asked in Criminal Law for Arizona on
Q: When charged with possession of marijuana and paraphernalia, being the first offense, what happens to the violator?
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answered on Nov 5, 2018

There are many different possible outcomes and the outcome will vary depending on all the circumstances of the particular case. Something important to think about is that in Arizona these charges can still be felonies, which means more jail time, fines and fees. The best possible outcome for these... View More

1 Answer | Asked in DUI / DWI for Arizona on
Q: My son got pulled over for suspected DUI, then they searched his car - can they do that?
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answered on Oct 31, 2018

There are a ton of different factors that play into this question and answer. Truthfully, your son will need to set up a confidential consultation with a lawyer to answer this question. Some different factors that play into this situation are when the search occurred during the stop, if your son... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: My boyfriend is facing theft for a motorcycle and burglary of tools . They want to give him 7 years.. he has been prison

But not for any theft or buglery .. his friend dropped the bike off and didn't come back for it. Didn't know it was stolen. He wasn't riding the bike he was pushing it to the front of my apt..

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answered on Oct 29, 2018

This is a serious offense and he is facing serious time in prison. I recommend contacting a lawyer to get a consultation as soon as possible. You can contact us for a confidential consultation at Zach@Divellaw.com or 480-935-6545.

1 Answer | Asked in Criminal Law for Arizona on
Q: I WAS CHARGED WITH UNLAWFUL FLIGHT FROM LAW ENF VEH IN 11/2014. THERE IS A WARRANT. HOW DO i CLEAR THIS?

WARRANT WAS ISSUED 12-5-14. I DID NOT KNOW.

THERE IS A $2700 BOND. HOW DO I TAKE CARE OF THIS AND CLEAR MY NAME?

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answered on Oct 22, 2018

There are two ways to deal with this. The first option is to go to court yourself and convince the judge to quash the warrant. Depending on the judge, they may take you immediately into custody and force you to pay the bond to be released. The second option is to hire a lawyer. A lawyer will be... View More

1 Answer | Asked in Traffic Tickets for Arizona on
Q: Confused - is it okay to use your cellphone when driving - I see yes, but then I see some cities ban it?
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answered on Oct 19, 2018

Correct, Arizona used to completely allow cell phone use while driving. Now, certain cities have created their own laws that prohibit it. A violation will result in a civil fine. In addition, there have also been laws about the age of the driver (under 18) and their ability to use their phone in... View More

1 Answer | Asked in DUI / DWI for Arizona on
Q: Can I plead not guilty to drunk driving if I truly did not think I was drunk at the time of the incident?
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answered on Oct 18, 2018

In short, you should plead not guilty because the burden of proof is on the State to provide that you were intoxicated at the time you were driving. Keep in mind that in order to be convicted of a DUI all that matters is if you were under the influence of alcohol -- not that you believed you were... View More

1 Answer | Asked in Traffic Tickets for Arizona on
Q: Wreck no driver license. Given paper todo ddc. There was no complaint number on ticket.

I was handed the defensivd driver paper to take the course. On the ticket there is no complaint #. All the sites i went on need it.. I had no driver license. An i want to get this taken care of..

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answered on Oct 16, 2018

There should be some type of case number on your ticket, usually at the very top. If not, you will need to contact the court where the ticket was issued. The court information should also be on the ticket. The court will be able to give you the case number if you well them your name and date of... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: my husband is a prior felon and we picked up charge of dangerous drug and possesion of paraphinaila class 4 and class

they split charges and gave him just dangerous drug possesion we fell under prop 200 but i got probation and he is looking at prison we want to fight to get him rehab or he want to c if we cant get him like 5 or 10 years probation in stead of prison is it possible the public defender he has now is... View More

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answered on Oct 6, 2018

It is always in your best interest to fight the charge and try to get a better deal. With the type of charge your husband is facing and the fact that he has prior felonies, it might be difficult to negotiate because the prosecutor will want, at least, some jail time. Asking for that much probation... View More

1 Answer | Asked in DUI / DWI for Arizona on
Q: super extreme DUI - Am I really going to be serving 45 days for this? I'm a college student and have a job

I am currently in the process of getting charged w a Super Extreme DUI in Arizona...I have a prior Disorderly Conduct charge from a couple years ago, will this eliminate the possibility of home detention in place of jail time for me? Am I going to have to go to jail for 45 days like it says?

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answered on Oct 2, 2018

This is a really good question to speak in confidence with a lawyer about. As a lawyer, we have to advise you that you could possibly face the maximum sentence but there are always different things we can do to get the sentence reduced. A lawyer will also be able to tell you how good your case is... View More

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