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Questions Answered by Steven Scharboneau
1 Answer | Asked in DUI / DWI for Arizona on
Q: Can I be charged a felony on a charge that city convicted me on dui 1 other?

I was charged dui 1 both times, I've been working on that part of my charges, can I also be charged seperately though prosecuted for a felony for that same arrest. It was dui other both times, and same sentence for both. Now fearful of felony

charge on the same arrest that I'm... Read more »

Steven Scharboneau
Steven Scharboneau
answered on Sep 18, 2022

The answer is it depends. Generally speaking, it isn't uncommon for DUI charges to start off as a misdemeanor and then be referred up to county for felony prosecution. I've seen this happen plenty of times before. It really will depend on the fats of your case and the way they charged it.... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: In 2018 the court set aside my disorderly conduct and my record from the Glendale Municipal Court states “13-907.01” ?

This was originally a 1 night stay in jail, but my legal guardians spoke to the judge to keep me for longer & the judge was forced to make my charges worse. It is a Disorderly Conduct (Domestic Violence) charge, that in 2018 was set aside with my parents in court by a judge.

I just... Read more »

Steven Scharboneau
Steven Scharboneau
answered on Sep 10, 2022

I'd have to look more into this. That said, if you were a juvenile at the time there could be options for having your record sealed all together. Also, there is a new law that will go into effect on 1/1/2023 that will provide an avenue for expungement in Arizona. This may be something you want... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: Can I be detained on property waiting hours for warrant. And when do I get property back after charges were dropped

There were 3 of us on my locked property who were detained for 4 hours waiting for a search warrant. We went to jail and released 5 days later with no explanation no court visits and no return of property. Can they use any evidence collected from that search to bring up charges later down the road

Steven Scharboneau
Steven Scharboneau
answered on Sep 10, 2022

The answer is it depends. There is a lot more information I would need to know to accurately answer that question.

If you were placed under arrest and there was sufficient probable cause for the arrest, then police can hold you until they get a warrant for a search. If they did place you...
Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Do all Arizona criminal cases need to be presented to a grand jury to proceed in court?
Steven Scharboneau
Steven Scharboneau
answered on Sep 5, 2022

No. Felony cases can be brought before a grand jury or there can be a probable cause hearing during the preliminary hearing phase. This can be a witness or a non-witness hearing. Misdemeanor cases need neither and can be charged simply by the prosecution filing a complaint. Also, it is important to... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Arizona on
Q: Whats it mean on a minute entry/order if it says WARRANT AND BOND ARE CONFIRMED?
Steven Scharboneau
Steven Scharboneau
answered on Aug 28, 2022

Thank you for the question. It could mean that a bench arrest warrant was issued. I would need more context to be able to answer the question accurately. If indeed an arrest warrant was issued, if you come into contact with law enforcement they will arrest you and take you to jail. You should reach... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I need a probono lawyer for my daughter who is already in prison and was due to be released today .

Now the saying she can not be released due to probation violation and an additional shoplifting charge .

Steven Scharboneau
Steven Scharboneau
answered on Aug 22, 2022

I'm sorry to hear about this situation. Depending on the specifics, your daughter will likely be appointed a public defender at no cost to her or you. If you'd like to speak to a criminal defense attorney, most attorneys in this field (including myself) offer a free consultation.

1 Answer | Asked in Criminal Law for Arizona on
Q: I was put in jail for 28 days for probation violation on July 21st for being in another state I go to court on the 17th

Come to find out I was no longer on probation I've been off since April

Steven Scharboneau
Steven Scharboneau
answered on Aug 18, 2022

Thanks for your question. This sounds very troubling and in order to answer your question completely, I'd need to do some research and investigate more. To do that, I'd need a lot more information from you. Most criminal defense attorneys (including myself) offer free consultations. If... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Arizona on
Q: What constitutes possession of a firearm in Arizona?

My friend is a prohibited possessor. His wife put a handgun under their seat with the intention of taking it to the police department because she found it in a park where there were children playing. My friend was unaware of it's presence. He was stopped and the police officer charged him with... Read more »

Steven Scharboneau
Steven Scharboneau
answered on Aug 14, 2022

A prohibited possessor charge in Arizona is actually called "Misconduct Involving a Weapon" and is a class 4 felony. This charge carries the potential for years in prison and depending on a person's prior criminal convictions, this charge could be a prison mandatory charge.... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: Revocation Hearing, Board said inmate WAVED to reinstate . Inmate told waving right to an atorney. Another hearing?

Inmate NEEDS supervision reinstated. It would have been granted but Board said Inmate WAVED- Inmate did not intentionally WAVE- He was misinformed when signed paper. What can inmate do now to get RELEASED?

Steven Scharboneau
Steven Scharboneau
answered on Aug 4, 2022

Thank you for your question, but I'd need to clarify some of the finer points to give a more accurate answer. First, was this a revocation hearing to revoke probation? If so, what type of probation? Also, I'm interested to know more about the board that said that rights were waived and... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: What happens now that I have a warrant for my felony drug case?

One month I didn't check in because I was kicked out of my place to stay the next month I was in process of homeless assistance and trying to get a place before I spoke to my probation officer so I didn't get violated and when he went to old residence I wasn't no longer there now I... Read more »

Steven Scharboneau
Steven Scharboneau
answered on Aug 4, 2022

There is not enough information here to give you exact information. However, if you are facing current charges and a warrant was issued for your arrest due to a failure to appear, you could face arrest and revocation of your release conditions. If, on the other hand, you have not checked in with... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: I have a class 6 undesignated felony i have not paid probation fees from almost 10 years ago. Should I petition or pay

I was aon probation at 19, it lasted 18 months. I'm 30 now and was told when done with probation I could petition to have my felony dropped to misdemeanor but my probation fees have gone to collections now. Do I pay or can I petition without paying. I should add I did not just choose to not... Read more »

Steven Scharboneau
Steven Scharboneau
answered on Jul 27, 2022

The answer is, it depends on what is in the plea agreement. Is there language in the plea agreement that requires the fulfillment of all of the conditions of the sentence (this is known as "earned misdemeanor language") or is the plea agreement silent to this effect? The statute for... Read more »

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