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 »
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 »
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 »
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 »
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 »
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...Read more »
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 »
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...Read more »
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 »
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...Read 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.
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 »
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 »
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 »
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.