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Questions Answered by Stewart Salwin
1 Answer | 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 some say charged... 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, he will then make a... Read more »

1 Answer | 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 »

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... Read more »

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 »

2 Answers | Asked in Criminal Law for Arizona on
Q: I live in Arizona and I got charged with poss of marijuana and paraphernalia and it's my first offense

What are the consequences I can get

Stewart Salwin
Stewart Salwin answered on Mar 24, 2020

The Arizona law that criminalizes possession of marijuana in Arizona is A.R.S. 13-3405. If you are charged with simple possession of marijuana it can be either a class 6 or up to a class 4 felony depending on the amount of marijuana that you possessed. For example, anything less than 2 pounds is... Read more »

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1 Answer | Asked in Employment Law for Arizona on
Q: I asked the owner where I work for a raise he said I will never get a raise because I'm a dishwasher is this discriminat
Stewart Salwin
Stewart Salwin answered on Mar 13, 2020

An employer can set the wages for an employee at any point that they like provided two things are true:

1) The wage is at least the minimum wage set by law. In Arizona in 2020 this is $12 an hour.

2) The employer is not giving you a lower wage because you belong to a protected...
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1 Answer | Asked in Employment Law for Arizona on
Q: Hello. I am a teacher at a charter school. I think I am suffering hostile work harassment. Please advise me

A new female assistant principal started to work at my charter school. She suddenly and abruptly comes to my class, or will raise her voice at .e in front of my class. Last week she observed my class in order to grade me. This in turn, is used to see if my employment contract gets renewed the... Read more »

Stewart Salwin
Stewart Salwin answered on Mar 5, 2020

I'm sorry to hear about your situation. Arizona and Federal employment discrimination laws prohibit discrimination on the basis of certain protected classes, such as age, sex, race, and national origin. If an employer discriminates against you because of your membership in one of these protected... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Car Accidents for Arizona on
Q: I was stopped, waiting to turn left out of a small mall plaza in SE Arizona.

A half dozen cars were turning left into the mall. One took aim at the front of my truck and kept smashing through until her entire side was damaged, instead of stopping on impact. Two teen girls were watching. My truck was not drive-able. She pulled over 200 feet into the mall lot and never got... Read more »

Stewart Salwin
Stewart Salwin answered on Mar 3, 2020

There is no legal mechanism for an individual to initiate criminal charges. In this sense, there is no such thing as "pressing charges." A victim may only agree to cooperate with the law enforcement agency. For charges to be initiated you would have to convince the police to file a report and... Read more »

1 Answer | Asked in Criminal Law and White Collar Crime for Arizona on
Q: can a lawyer not offer a diversion program if the person qualifies for one being it's first offence and felony changes

I was convicted of theft and tariffing I was given 2 case 6 felonies,18 month probation, and 900.00 fine. At the time I should have been offered a PRETIAL FELONY DIVERSION PROGROM. I qualify for the requirements. My question is do I have a chance at another hearing, what step do I take to get this... Read more »

Stewart Salwin
Stewart Salwin answered on Mar 3, 2020

It is ultimately up to the prosecuting agency to determine what type of plea offer to grant to a defendant. This is a matter of policy by the prosecutor's office. Arizona courts have long held that "[c]riminal defendants have no constitutional right to a plea agreement and the State is not... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I need some questions answered from a criminal defense attorney for a school assignment? Please and thank you

• What is your day to day as a criminal defense attorney?

• What is your expertise of practice?

• Do attorneys only come in after an arrest has been made?

• What is the role of an attorney from arrest to sentencing?

• How often do attorneys interact with... Read more »

Stewart Salwin
Stewart Salwin answered on Mar 1, 2020

• What is your day to day as a criminal defense attorney?

A defense attorney's day includes going to court (usually in mornings, unless there is a hearing or trial scheduled for the afternoon), talking with clients, conducting research on a case, and writing motions.

• What is...
Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: A friend was caught shoplifting at target and the police arrested him and his gf and they pulled out the stolen product

from their pockets and have video/pictures of them stealing 2 times before it’s their first time being arrested and it’s their first offense should they plea guilty or innocent

They are barley 18 no jobs no money they just go to school

Stewart Salwin
Stewart Salwin answered on Mar 1, 2020

Whether a defendant should plead guilty to a charge depends upon a variety of factors. First, a defendant can only plead guilty if they are able to lay a factual basis for the plea. In other words, the defendant needs to be guilty of the charges and admit in court the underlying facts that would... Read more »

1 Answer | Asked in Employment Law, Health Care Law and Medical Malpractice for Arizona on
Q: I need advice on how to proceed about a severance offered after being fired
Stewart Salwin
Stewart Salwin answered on Feb 22, 2020

Although severance pay is not required by law in Arizona, employers will sometimes offer a severance package when they are terminating an employee. Employers can offer a severance package out of the goodness of their hearts to soften the blow of an involuntary termination, but the main legal... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Can a misdemeanor be dismissed with prejudice?
Stewart Salwin
Stewart Salwin answered on Feb 22, 2020

In Arizona, any criminal case--whether it is a misdemeanor or a felony--may be dismissed either with or without prejudice. What do these terms mean? Dismissal without prejudice means that the case is dismissed for the time being, but the state may refile the charges at a later time. You will... Read more »

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