A witness who makes an inconsistent statement on the witness stand that goes against prior statements can and should be subject to impeachment by a defense attorney during cross-examination. The defense attorney can then argue that the witness should not be believed because they made inconsistent...View More
Now would probably be a better time than any other that I can think of. The court system is trying to keep people out of jail at the moment, and therefore they may be more likely to reinstate you on probation than to revoke it. Of course, that is assuming all other things being equal. More...View More
When there is a conflict of interest with the Public Defender's Office, then an attorney from the Legal Defender's Office will usually be appointed. The Legal Defender's Office also provides court-appointed attorneys to defendants who financially qualify. This is an issue that...View More
A prohibited possessor is defined under Arizona law in ARS 13-3101 as someone who is not lawfully allowed to possess a "firearm." A firearm is defined by that same law as follows: "any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will expel, is...View More
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... View More
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...View More
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...View More
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... View More
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.
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...View More
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?
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...View More
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...View More
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... View More
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....View More
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... View More
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...View More
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.
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.
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
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.
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...View More
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..
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,...View More
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...View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.