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... View More

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.

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

• 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.

•... View More

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... View More

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... View More

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... View More