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Questions Answered by Zachary Divelbiss
1 Answer | Asked in Traffic Tickets for Arizona on
Q: my brother was driving my car and got a ticket, he did not have the insurance with him so what will happen in the court?

the car is insured but he did not have the insurance paper with him, he has a court date

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answered on Jul 13, 2018

At the next court date, he will need to bring proof of insurance with him. The court will either drop the charge or reduce the fine. This is a frequent issue and courts are pretty lenient.

1 Answer | Asked in Criminal Law for Arizona on
Q: when a plea offer is accepted by the court, how does sentencing work? Will the judge ever give less time than the plea?
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answered on Jul 11, 2018

Sentencing can vary depending on which court you are at and what charges you are faced with. If you want a specific answer to your question, please feel free to call or email us 48-935-6545 or zach@divellaw.com.

In misdemeanor offenses, it is common to accept a plea and then do the...
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1 Answer | Asked in DUI / DWI for Arizona on
Q: Will my license be impacted if a friend got a DUI driving my car?
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answered on Jul 9, 2018

No. If you were not involved in the incident as the driver or the person who committed the offense you will not face any consequences on your license. It is common to drive other people's vehicles (family members, etc) and just because someone else gets in trouble using your vehicle it... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on
Q: I am out on bail and I missed my court date due to my boyfriend taking my car to work and I had no way of getting there

My boyfriend was supposed to be back in time for me to go to my scheduled court time and also watch our 2 yr old daughter

He was supposed to be back at 630am to give me plenty of time to get to court by 8am. I was coming from Phoenix to Tempe he didn't show up until noon. I have been... View More

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answered on Jul 9, 2018

When you turn yourself in, you will find that there is most likely a warrant that has been out for your arrest. When you arrive at court you will have to appear as a "walk-in" case so the judge can see you. The judge has the discretion to take you into custody, pay a bond or simply give... View More

2 Answers | Asked in Criminal Law and Civil Rights for Arizona on
Q: I'm being charged disorderly conduct -weapon/instr but had no firearm on my presence before or during the arrest

I would like to know what I can do against my charges

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answered on Jul 5, 2018

Hello, you are facing a serious charge so thank you for reaching out to get some help. Based on what you have briefly mentioned, you should strongly consider hiring an attorney to help you with your case and get the charge either reduced or dismissed. We are located in Glendale and will be happy to... View More

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1 Answer | Asked in Criminal Law for Arizona on
Q: Hi my names is xxxx I have a situation I was hoping I can get answers for the charges against me

I am being charged with disorderly conduct-weapon/instr F6 and disorderly Conduct-fighting M1 I would greatly appreciate the help on what I should do and the action I can take against these charges I hope I can't get some answers and help I hope to hear from someone soon and thanks for your time

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answered on Jul 5, 2018

Hello, the charges you have mentioned are serious so thank you for reaching out to get some help. We will be happy to speak with you about these charges either by phone or email, free of charge. Contact us when it is convenient for you. zach@divellaw.com 480-935-6545

1 Answer | Asked in Criminal Law for Arizona on
Q: Can I be charged for a crime that I wasn't arrested for on the day I committed that crime?

I was in possession of a 20 of meth but it wasn't mine. I was told all they wanted was the meth and I could go free. I gave them the meth and me and my sister were let go. We were told if something was going to happen in this case wed receive a court date. My sister received a letter I... View More

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answered on Jul 5, 2018

You have a case where I strongly recommend hiring a lawyer or at least speaking with one for a free consultation. The situation you described is not uncommon and you likely purchased from an undercover officer. The officer does not need to arrest and charge you on the same date of the incident.... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: 'EDM-QC-CCC to attach the manual print to the docketed Sentencing Order" what does this mean
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answered on Jun 28, 2018

This doesn't make sense and we need more context. Feel free to send a scanned copy to us and we can help you. zach@divellaw.com

1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on
Q: How do I find a pro bono/sliding scale Attorney in Pima County for a 1st degree Murder Rule 11 case?

Even an attorney that can start the case by taking payments.

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answered on Jun 28, 2018

In Maricopa County the attorney has to be certified in order to be first chair in a capital case. That said, in my experience the court appointed capital attorneys are among the best and free to the defendant. It is extremely rare to find a private attorney who handles murder cases, much less to do... View More

1 Answer | Asked in DUI / DWI for Arizona on
Q: Can you get a DUI on an ATV?
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answered on Jun 23, 2018

Yes, you can. There are other circumstances that might allow you to get out of a DUI such as where you are driving the ATV. You should consider speaking with a lawyer if this happened to you. My office handles these and we offer free consultations. Feel free to contact us.

1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on
Q: Arguing, a drunken boyfriend hits his girlfriend then threatens to hit her again is it a crime to pepper spray him?

Both are on the lease of the home a couple are arguing until the girlfriend locks him out. He leaves returning back drunk, demands entrance, she opens door when he starts swinging as hes going to strike her and does on her face, but the two continue arguing. He then starts swinging to hit her... View More

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answered on Jun 22, 2018

This is an unfortunate situation that escalated further than both individuals would like. YES, both parties will likely be charged with Domestic Violence, Assault, Disorderly Conduct, and more. That being said, if she had to use pepper spray to defend herself then she will have a justified claim... View More

1 Answer | Asked in Traffic Tickets for Arizona on
Q: Is there any way to get a ticket in AZ from 2013dismissed, so long after, depending on circumstances?

The details were: failure to signal 90' before stopping to turn, no proof of insurance, driver's license not on person, and one other minor thing.

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answered on Jun 22, 2018

The quick answer is any ticket can be dismissed with the right circumstances. You should contact an attorney for a consultation to discuss your particular circumstances and likelihood of success. You should also be concerned about the fines that have been collecting since 2013 and I presume your... View More

1 Answer | Asked in Criminal Law and Probate for Arizona on
Q: What does it mean when it says all violations are not adjudicated on probation?
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answered on Jun 13, 2018

Hello, we may need more context about this particular situation. Where does it say this? I assume on your probation paperwork there is a section that might have this written in order to indicate that you have different charges that may be dismissed once probation is completed. Certain charges such... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: What do you do if the Person who filed a false report is now willing to come forward Only if they are paid by you

The witness was afraid to tell his mom the truth so he said nothing when the mom was told that he had her vehicle the suspect was charge with theft of means. he paid the owners son to use the vehicle the son did not tell the mother. Suspect was just found guilty and sentenced and now the son is... View More

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answered on Jun 13, 2018

This is a very specialized and unique situation that requires a confidential consultation with an experienced attorney. We need to know more about the situation and your charges. However, you can pull out of the plea as long as you have not entered it or in other unique situations where the plea... View More

1 Answer | Asked in Traffic Tickets for Arizona on
Q: How does this affect Lyft drivers with a lit Lyft Amp light while driving, or at a complete stop.
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answered on Jun 13, 2018

Hello, you should consider asking your question again with a few more specific details and then we can provide a more specific answer. Right now it is unclear what is at issue. Thanks

1 Answer | Asked in Traffic Tickets for Arizona on
Q: With ars 28.701a. What pleas can be taken
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answered on Jun 13, 2018

Every case is different and without any more information we cannot tell you what an appropriate plea would be. I recommend you contact myself or another attorney for a free consultation to discuss your particular situation.

Most pleas typically reduce harsher traffic violations to the...
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1 Answer | Asked in DUI / DWI for Arizona on
Q: Can you avoid a license suspension for a first time DUI?
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answered on Jun 13, 2018

Yes/Maybe - but you should speak with a lawyer as soon as possible to ensure that happens. After you have been cited, you must challenge the MVD's admin per se within a certain amount of time, at which point you will be able to extend/prolong/dismiss the suspension. f not dismissed, you will... View More

1 Answer | Asked in Criminal Law and Animal / Dog Law for Arizona on
Q: My Service dog's foster mother took my dog out of my house and put her in her car without my permission.

She denies the whole thing but I have 4 whiteness. She was helping us clean and thought it was unsafe for the dogs to live in. The police where there the night before on a medical emergency and did not say anything or take any actions about the condition of our hours. The foster mom was also... View More

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answered on Jun 13, 2018

This is a very unfortunate situation. I recommend contacting the police to file a police report if you want to pursue criminal charges against the ex. If you are looking to sue the ex directly for stolen property then you will need to contact a civil litigation attorney who can help you out.... View More

1 Answer | Asked in Animal / Dog Law and Criminal Law for Arizona on
Q: My friend gave me her dog several months ago. She was watching it for me while on vacation, and her ex stole the dog.

He stole the dog from her backyard, but gave the dog back before I was able to press charges. Am I still able to press charges, even though he returned the animal?

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answered on Jun 13, 2018

This is a very unfortunate situation and even more unfortunate, it happens frequently. I recommend contacting the police to file a police report if you want to pursue criminal charges against the ex. If you are looking to sue the ex directly then you will need to contact a civil litigation attorney... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: my son is charged with assult/dv class 1 misdomeanor what should he do

this is my sons first offense he is 18 and his girlfriend is 17

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answered on Jun 13, 2018

Assault with a domestic violation classification is a serious charge and has serious consequences. As a class 1 misdemeanor, he is facing a max of 1 year jail, $2,500 in fines and 3 years probation. At court, he will be assigned a public defender who can help him navigate through the process. He... View More

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