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Questions Answered by Zachary Divelbiss
1 Answer | Asked in DUI / DWI for Arizona on
Q: What's the fastest way to get a DUI removed from my record?
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answered on Sep 14, 2018

In Arizona, there is not a way to remove a DUI from your record. You can have your DUI record "Set Aside". The process isn't very fast but you have to complete probation then submit a "Set Aside" motion and wait for a judge to grant it. Someone judge will make you wait a... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Traffic Tickets for Arizona on
Q: If I bailed out yesterday for a misdemeanor and was supposed to go within 10 business days

I go tommorw and it's a fauiler to appear and driving under suspended license

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answered on Sep 14, 2018

I would like to help you out but it seems your question was cut off. Please contact us directly so we can discuss this more (free). Zach@Divellaw.com or 480-935-6545

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: If I cashed a check under my name not knowing it was stolen and forged am I able to get charges drop if charged
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answered on Sep 13, 2018

Your question was slightly cut off at the end. I will need more details about what happened but it is likely that you were charged with forgery and/or fraud schemes. These are serious charges and you should not keep posting about them online and should contact a lawyer for a confidential... View More

2 Answers | Asked in Criminal Law for Arizona on
Q: Are these still being used? (ARS13-1401,13-1410) or did they get dropped because they were inconstitutional?
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answered on Sep 6, 2018

Both are still being used and are valid according to the constitution. Both are serious offenses, seek assistance of a lawyer as soon as possible if you are facing any charges like these and definitely do not speak with the police about it.

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1 Answer | Asked in Criminal Law for Arizona on
Q: Can a name be hand written and added to a search warrant after it is already signed
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answered on Sep 2, 2018

No. If something or someone on the warrant changes, then a judge must issue a new one. The officer cannot change the search warrant at their own discretion without a judge approving it.

2 Answers | Asked in DUI / DWI for Arizona on
Q: Can I get a DUI for driving without wearing my prescription glasses?
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answered on Sep 2, 2018

You cannot get a DUI simply for not wearing your prescription glasses. It sounds like something else is happening so feel free to contact us directly with more specific questions. Zach@Divellaw.com and 480-935-6545

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1 Answer | Asked in Criminal Law for Arizona on
Q: Is it true I cannot be granted an appointed defensive attorney only private legal counsel if jail time is unsought?
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answered on Aug 30, 2018

This is correct, if the State is not pursuing jail time then you will not be appointed a public defender. This is a tough spot to be in because you are likely facing a misdemeanor charge where jail time is a very realistic outcome if the case goes to trial. At that point, you will definitely need a... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: approx 1 month ago, my sister living in Prescott, AZ came home from work to find her boyfriend drunk and wielding a gun.

conflict ensued, he tried to shoot her, she got the gun and shot him. He spent 3-4 days in hosp. and is now home. my sister is in jail facing an agg. assault charge. She needs criminal atty as court app. atty. is not interested in making a defense! she's been on vacation for 2 wks. My... View More

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answered on Aug 30, 2018

There is a good self defense claim here and your sister should pursue it. The downside to this case is it comes down to a he said, she said battle which might go against your sister. If the case is fairly new, the public defender may be trying to negotiate a settlement with the prosecutor which may... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: On 08/31/2018 there is a pre-trial conference.

On July 6 my friend and her husband got in argument, in Flagstaff, AZ.

She was charged with assault - intent to injure, criminal damage, and disorderly conduct. (she has a order of protection against her husband.)

She went to Jail for the night of July 6.

On 8/10/2018 she... View More

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answered on Aug 28, 2018

The charges that your friend is facing are serious charges and are the typical charges we see with this kind of situation. The fact that there is an order of protection may help her case. The prosecutor will take into account the fact that there was an order of protection against husband, however,... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: My son has 2 cases. 1- he accidentally shot his best friend leaving him paralyzed be charged with aggravated assault

Felony 3 and also manslaughter when he was hit from behind and the girl perished. Currently my son is incarcerated. Does anyone do pro bono for criminal charges?

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answered on Aug 27, 2018

He will be appointed a public defender for each of these charges. Public defenders are really good when it comes to these charges because they are in court every day and work on these charges daily.

A public defender will be 100x's better than having someone represent him pro bono.

1 Answer | Asked in Criminal Law for Arizona on
Q: What is a class 2 shoplifting charge and the possible penalty?

My son is on adult probation, and is getting out of a halfway house after being sober for 7 months. His probation officer discovered that there is a warrant for a class 2 shoplifting charge. He needs to address this on Monday. Possible outcomes?

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answered on Aug 27, 2018

The maximum punishment for a class 2 misdemeanor is 4 months of jail, 2 years of probation and $750 in fines.

There are many possible outcomes but above are the maximum punishments. That being said, if he is on probation then the punishment will be worse for the past offense since that...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Is there anyways I can talk to the judge into letting me pay a ticket for a theft misdemeanor instead of being arrested
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answered on Aug 15, 2018

I am reading in-between the lines here but it sounds like you are out of custody (not in jail) and there is a warrant out for your arrest. So, you are trying to see if you can just go to court, pay a fine, and be done with it all.

Quick answer: NO

The judge will not allow you to...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Do I have to show identification to Police if I'm not driving?
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answered on Jul 31, 2018

The quick answer is NO. As a passenger in the car, you are not required to show identification. There are exceptions to this where you do have to provide ID. For instance, if the officer is accusing you of a crime then you will have to provide ID.

If you have more specific questions about...
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1 Answer | Asked in DUI / DWI for Arizona on
Q: What happens if I refuse a sobriety test? I feel like I was stopped without cause. Will I still get arrested?
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answered on Jul 25, 2018

You have to answer/obey lawful questions/requests the officer asks and provide identification such as your drivers license, registration and insurance. Typically, an officer will pull you over based on reasonable suspicion (swerving, no blinker, no lights, etc.). Whether you believe you were... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: I'm filing a notice for post conviction relief. How can I find a lawyer to review it for me. this is just the notice.
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answered on Jul 19, 2018

I recommend visiting the State Bar of Arizona's website where you can specifically look for a Post Conviction Relief (PCR) lawyer.

http://www.azbar.org/legalhelpandeducation/find-a-lawyer/

1 Answer | Asked in Criminal Law for Arizona on
Q: Ok so as I was saying im being charged with aggravated harassment. On the injuction of harassment that they have on me

it doesnt state that im suposed to be a certain amount of feet away or anything like that. Why is that? and how could i be charged with aggravated harassment if i were walking down the street in front of their house?

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answered on Jul 17, 2018

These orders will never list a specific amount of feet because that would be unrealistic to enforce. These orders typically list the person, where they live and where work as places you are not allowed to contact/visit. It is your responsibility to be cognitive of where you are walking and where... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: W hat is a donald advisement?

I am being charged with aggravated harassment two counts of threatening and intimidating and resisting arrest. What is a Donald advisement?

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answered on Jul 16, 2018

Donald Advisement is when the Judge tells the Defendant that a plea offer was extended in this case and after a certain date the plea will no longer be available. Typically, this occurs at a settlement conference where the Defendant, Defendant's Lawyer, Prosecutor, and Judge all meet to... View More

1 Answer | Asked in DUI / DWI for Arizona on
Q: Do you have to take field sobriety tests during a DUI stop?
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answered on Jul 13, 2018

You have to answer/obey lawful questions/requests the officer asks and provide identification such as your drivers license, registration and insurance. Typically, an officer will pull you over based on reasonable suspicion (swerving, no blinker, no lights, etc.) but once you open your window and... View More

1 Answer | Asked in Traffic Tickets for Arizona on
Q: I received a citation for open containers. Passenger container but my vehicle.. how can I keep this off my

driving record When I go to court. Can I get this hide from my driving record.

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answered on Jul 13, 2018

Your best option is to hire a lawyer who can help you with the charge and get it reduced or dismissed. There isn't exactly a "hide" option in court. Feel free to contact us before your next court date so we can help you zach@divellaw.com or 480-935-6545.

2 Answers | Asked in DUI / DWI for Arizona on
Q: I got a first time DUI. Will I need legal representation for first-time Court hearing
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answered on Jul 13, 2018

It is strongly recommended that you get legal representation for your first DUI. There are a few things that might slip through the cracks and hurt you down the road. Your best option is to have your best interest in mind and do the right thing the first time. If you hire a lawyer, we will be able... View More

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