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Questions Answered by Stewart Salwin
1 Answer | Asked in Criminal Law for Arizona on
Q: Is it illegal for a prosecutor to be harsher in sentencing because he is angry a person previously beat a case at trial?

2 years ago my husband was arrested with 3 ounces of meth and a weapon.He took the case to trial and all charges were dismissed due to the arresting officer faulty testimony. Last October he was pulled over again and this time he was arrested for marijuana possession.He was put on standard... Read more »

Stewart Salwin
Stewart Salwin answered on May 24, 2020

Assuming that somebody is convicted of a crime, it is up to the judge to impose the sentence. Depending on the defendant's criminal history, there will be a sentencing range that the judge must follow. Within that sentencing range, the defense attorney and the prosecutor can both try to... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I am applying for the restoration of rights but I am not sure how the court defines Dangerous Offenders under A.R.S. §§

I have two cases, the first case is in 1999 with two felonies and the second case in 2000 with three felonies.

I am trying to found out if any of the crimes (felonies) and the sentencing time frames fall under the A.R.S. §§ 13-704 and/or §§ 13-706 Dangerous Offenders?

1st case... Read more »

Stewart Salwin
Stewart Salwin answered on May 19, 2020

Arizona has different sentencing schemes for different crime classifications. One type of crime is called a "dangerous" offense. A dangerous offense is defined by Arizona Statute 13-705 as, "an offense involving the discharge, use or threatening exhibition of a deadly weapon or... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Arizona on
Q: Can a justice court judge deny the return of discovery items (DVD) from a defendant to view in his chambers?

During the hearing, I asked to show the DVD which would prove my innocence. The judge asked for my DVD after the DA said there was nothing worth watching on the DVD. The judge stated he would review the DVD in chambers and return it to me. I have since filed appropriate papers requesting the return... Read more »

Stewart Salwin
Stewart Salwin answered on May 3, 2020

A lawyer would have to look into the specific facts of this situation to see what is going on. In general, if you give evidence to the court it may have become part of the record, which could explain why the court still has the DVD.

1 Answer | Asked in Banking and Criminal Law for Arizona on
Q: Can I be sued for Criminal Intent to Defraud a U.S. bank over credit card debt from 2010?

A collections agency is calling and threatening legal litigation

Stewart Salwin
Stewart Salwin answered on May 3, 2020

There is a state and federal statute of limitations for criminal offenses. The general Arizona statute of limitations for felonies is 7 years. The general statute of limitations for federal crimes is five years. These time limits can vary depending on the exact crime at issue. Beyond this... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Arizona on
Q: What happens if the purse that a meth shard was found inside of isn't in evidence for trial?

The police said they found a meth shard inside of my sister's purse. There isn't no purse in evidence or on her property list when she was booked in what Happens if the see so called purse isn't present at trial?

Stewart Salwin
Stewart Salwin answered on May 3, 2020

The officer can still testify as to his observations. He is subject to cross-examination by the defense counsel. If there is a legitimate question as to whether the purse ever existed, that's something that could be argued at trial if a defense counsel, after reviewing the evidence in the... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: I have warrant for first time DUI in Arizona for over three years. Does having a warrant that long increase jail time?
Stewart Salwin
Stewart Salwin answered on Apr 23, 2020

There are no guarantees as to what will increase or decrease jail time. Arguments to "aggravate" or "mitigate" a sentence can be made by the defense attorney and the prosecutor, and the judge will ultimately make the decision. If your defense attorney can successfully show... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: I was charged with a DUI @my arrangement hearing the judge said there was no probable cause but still have court why
Stewart Salwin
Stewart Salwin answered on Apr 23, 2020

An attorney would need to look at the docket for your case and see what type of court hearing you have. It's hard to say with the current information provided.

1 Answer | Asked in Criminal Law, Federal Crimes, Internet Law and Sexual Harassment for Arizona on
Q: Pretended to being a criminal online

If someone pretended to be a criminal online and someone reported them, what could happen? This guy is an idiot and was using an app called "Whisper" and told people he was a rapist but never actually raped anyone, he was just getting off.. If he was reported, how much trouble could he... Read more »

Stewart Salwin
Stewart Salwin answered on Apr 23, 2020

As to the first part of your question: A general criminal law principle known as the corpus delicti rule provides that a confession, standing alone, isn’t enough for a conviction. The rule is designed to prevent wrongful convictions, and originates from the phenomenon of false confessions.... Read more »

2 Answers | Asked in Criminal Law, Federal Crimes, Juvenile Law and Sexual Harassment for Arizona on
Q: A teenager molested a child for three years straight 6 years ago, Is there hope to get justice for that now? Arizona.

The Child was 8 and the Teen was 13 when it began. The last time it happened was when the child was 11 and the Teen was 16. It happened 6yrs ago so the child is 17 now and the teen should be 22. The dude has a young daughter now and we’re so scared he might do something to her. We don’t know if... Read more »

Stewart Salwin
Stewart Salwin answered on May 3, 2020

This is correct, there is a general statute of limitations for felonies in Arizona of 7 years. However, as pointed out above, there are exceptions to this rule. For example, A.R.S. 13-107(A) states, " A prosecution for any homicide, any conspiracy to commit homicide that results in the death... Read more »

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2 Answers | Asked in Criminal Law for Arizona on
Q: What does mean Docket code 187 code ME Ruling in Arizona Supreme Court
Stewart Salwin
Stewart Salwin answered on May 3, 2020

I agree-- contacting the Arizona Supreme Court should easily answer this question. "ME" often stands for "Minute Entry" which is a description of events that occurred during a court proceeding.

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2 Answers | Asked in Criminal Law for Arizona on
Q: What does mean if in the Supreme Court appear 187 ME PCR Rulings

This is an answer of no colorable claims Due Date for Pro Per Petition in Arizona

Stewart Salwin
Stewart Salwin answered on May 3, 2020

Contacting the Arizona Supreme Court will be able to answer this question. It sounds like "ME" stands for "Minute Entry" and "PCR" stands for "Post-Conviction Relief" which is one of the avenues of appeal of a criminal case.

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2 Answers | Asked in Consumer Law, Criminal Law and Federal Crimes for Arizona on
Q: Can I get my office manager arrested for fraud if he was authorized user on the card.
Stewart Salwin
Stewart Salwin answered on May 3, 2020

I agree with Mr. Divelbiss. Whether somebody can be charged with fraud depends on the entire facts of the case. If you believe that you are the victim of a crime, then you should contact your local law enforcement agency and report it.

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2 Answers | Asked in Criminal Law for Arizona on
Q: What kind of a criminal case has a file number like this in Arizona? S-1100-IS-201800032
Stewart Salwin
Stewart Salwin answered on May 3, 2020

According to the AZ Court's website and "IS" code stands for "Interstate Compact Criminal." You can find a list of the different court codes here: https://www.azcourts.gov/courtservices/Automation-Services-Unit/Code-Standardization-GJ

Interstate Compact is the...
Read more »

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2 Answers | Asked in Criminal Law for Arizona on
Q: Violation of parole

My daughters father was just released from prison and put on parole. However, a week after he got out he obtained another dangerous drug charge. How much Time is he facing in prison? Also, he has previous drug charges so this new charge is “aggravated “. Much help would be appreciated.

Stewart Salwin
Stewart Salwin answered on Apr 9, 2020

If a defendant is facing charges for simple possession of dangerous drugs, then that is a class 4 felony under ARS 13-3407 (the statute that prohibits possession of dangerous drugs). Because the crime was committed in violation of parole, he would be looking at a sentencing enhancement under ARS... Read more »

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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... Read more »

Stewart Salwin
Stewart Salwin answered on Apr 4, 2020

When the police write their report (the "departmental report" or DR) for a felony case, they submit the paperwork to the prosecutor and they will suggest certain charges be filed. This is known as a "long form" submittal. Once the prosecutor receives the long form submittal,... Read more »

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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?

Stewart Salwin
Stewart Salwin answered on Apr 3, 2020

As you are probably already aware, violation of Arizona's open container law (A.R.S. 4-251) is a class 2 misdemeanor punishable by a fine of up to $750 and up to 4 months in jail. As a practical matter, I have not seen a violation of the open container law result in jail time, but it is... Read more »

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3 Answers | Asked in Criminal Law, Sexual Harassment and Civil Rights for Arizona on
Q: A sexual assault happened to me in NY state over 5 years ago. However I currently live in Arizona. How do I report this.
Stewart Salwin
Stewart Salwin answered on May 3, 2020

I agree with Mr. Avery, if you have been the victim of a crime, it is best to report the incident to the local law enforcement agency where the crime occurred rather than attempt to determine the statute of limitations yourself if there is any doubt. Statute of limitations laws often have nuances... Read more »

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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 ?

Stewart Salwin
Stewart Salwin answered on Mar 31, 2020

If the judge tells you to do anything at all, you need to do it. In your case, yes, you could definitely get in trouble for not checking in with pretrial services.

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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?
Stewart Salwin
Stewart Salwin answered on Mar 25, 2020

When you are convicted of a felony in Arizona, some of your civil liberties will be suspended. You will lose your right to vote, the right to hold public office, the right to serve as a juror, and, yes, the right to possess a gun. A felony conviction may also prevent a person from obtaining... Read more »

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Arizona on
Q: In a plea deal it says if you don't except the plea you can face more time to sentence isn't that considered threat

In plea deals it states if you except the plea charges will be taken off and you plea for lesser time

But if not then you are getting the original charges if wanted plus some and looking at a longer sentence

Isnt that bribing,threatening,intimidation

And against our constitutional rights

Stewart Salwin
Stewart Salwin answered on Mar 24, 2020

As a question of criminal justice philosophy, your point is well taken. Many legal scholars argue that the massive disparities between what a criminal defendant would be sentenced to if he pled guilty to an offense versus if he went to trial create a constitutional problem. My former criminal law... Read more »

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