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Questions Answered by Brian C. Soto
1 Answer | Asked in Criminal Law for Arizona on
Q: My son's public record reads Disposition: Court Dismissal" What does that mean?

My son has a drug charge that he has not had to pay any fines on and spent less than 10 hours in jail. We live in a different county but same state. Issued a probation officer from county where we live who has indicated to my son he has a warrant for probation violation [did not do drug testing]... Read more »

Brian C. Soto
Brian C. Soto answered on Jul 15, 2021

I would highly recommend contacting the clerk of the court directly. Often times defendant’s are charged with multiple counts and may have, as part of a plea agreement, had some counts “dismissed by the court” while being convicted of a separate count.

Hopefully, your sons case is...
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1 Answer | Asked in Cannabis & Marijuana Law for Arizona on
Q: Am I able to get a medical marijuana card while on bond as I was rear ended and have been having pain in my body
Brian C. Soto
Brian C. Soto answered on Jul 12, 2021

So long as your pending case is a in state court, not federal court, you're able to obtain a medical marijuana card and use as prescribed.

1 Answer | Asked in Criminal Law for Arizona on
Q: My son is 17, was detained by border patrol in Az. He was not charged or arrested for anything. Car & phone seized.

How can we get his property back? Did they have the right to seize it if he was not charged w/ anything?

Brian C. Soto
Brian C. Soto answered on Jun 18, 2021

It is not uncommon for Border Patrol to catch and release individuals they suspect are involved in criminal activity.

The agents seem to have a great deal of discretionary power in this regard.

It may be in your son’s best interest to speak to a federally licensed attorney as he...
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2 Answers | Asked in Criminal Law for Arizona on
Q: Did my rights need to be read in this situation?

recently i was riding a dirtbike on the road doing wheelies my bike stalled and they ran to me and got me put me in handcuffs and in back of cop car I was later let go about 40mins from back of the cop car with 3 tickets but never read my rights does that matter at all in that situation at first... Read more »

Brian C. Soto
Brian C. Soto answered on May 30, 2021

Miranda rights are an advisory of certain rights police are required to inform a suspect of before conducting a custodial interrogation. Custodial interrogation is based on a totality of the circumstances, but in short it occurs when police ask investigatory questions of a suspect who police have... Read more »

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2 Answers | Asked in Cannabis & Marijuana Law for Arizona on
Q: Now that Arizona has marijuana legal, can people on federal probation smoke with a marijuana card?
Brian C. Soto
Brian C. Soto answered on Mar 28, 2021

No. Unfortunately, it’s still against federal law.

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1 Answer | Asked in DUI / DWI for Arizona on
Q: I'm required to go to the police station that I was taken to on the 8th to get fingerprinted n mugshot. Should I go?

Why did t the police do this on the date of the "DUI"? I wasn't even given a court date. Just a impounded vehicle and this paper that says my dui charges and that I have to show up on a wed. at least 10 days from date of ticket to get thos done. No court date. They couldn't... Read more »

Brian C. Soto
Brian C. Soto answered on Jan 12, 2021

Yes you should go. That is a court order.

It sounds as though you were cited and released. Fingerprinting is part of the booking process had the arresting officer decided to book you into jail you would’ve already been printed.

Lastly, your cooperation is in no way an admission of guilt.

2 Answers | Asked in DUI / DWI and Constitutional Law for Arizona on
Q: I got arrested because I unfortunately decided to rest my eyes for a sec while I was parked at the gas station.

I was scratching a lottery ticket and I didn't think I was sleeping but the cop said he was standing there for "5 mins" I was arrested and charged with 2 DUI's. Blew 0.00 blood could not be drawn and urine sample was taken. I told the officer that my pee would not be clean but I... Read more »

Brian C. Soto
Brian C. Soto answered on Jan 11, 2021

The State will be required to prove beyond a reasonable doubt before a jury of your peers the following elements of A.R.S. § 28-1381(A)(3) you must have been driving or in actual physical control of a vehicle; while there is was a drug defined in section 13-3401 or its metabolite in the your body.... Read more »

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1 Answer | Asked in Agricultural Law and Cannabis & Marijuana Law for Arizona on
Q: Under prop 207 am I aloud to sell plants

Just wanted to know if selling marijuana plants is legal

Brian C. Soto
Brian C. Soto answered on Jan 3, 2021

The short answer is no.

In order to sell marijuana plants and/or marijuana, and extracts you will need to be licensed as a retailer by the Arizona Department of Health Services. Under A.R.S. § 36-2852(A)(4), you are entitled to transfer "up to six marijuana plants to an individual...
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