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Questions Answered by Zalman B. Sapad
1 Answer | Asked in Criminal Law and Juvenile Law for Arizona on
Q: If i am 17 yrs old and my bf is 20 yrs old and my mom calls the cops on him will he get in trouble.

We have been dating since i was 16 and he was 19

Zalman B. Sapad
Zalman B. Sapad
answered on Oct 30, 2024

If you both are sexually active, yes, your boyfriend could be arrested charged with statutory rape under Arizona law because it seems like he is 24 months older than you.

Unfortunately, there is no defense available for him because your boyfriend more than 24 months older than you.

1 Answer | Asked in Criminal Law for Arizona on
Q: I got a trespass charge from Walmart, but I received permission from the manager that I could return. Can it be dropped?

Walmart falsely accused me accused of stealing and wanted me off the property. I went to court and gotten the shoplifting charge dismissed and received permission to come back. But this one employee must didn’t get the memo and called the police. But as stated before I received permission to... View More

Zalman B. Sapad
Zalman B. Sapad
answered on Oct 30, 2024

It is a defense to trespassing charges that you had permission to be on the premises--if you have proof in the form of texts or a letter that should be sufficient to get the charges dropped.

For the future, you have to go through Walmart corporate process to get written confirmation from...
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1 Answer | Asked in DUI / DWI for Arizona on
Q: If I have a DUI in Michigan and move to Arizona will the dui follow? I know Michigan does not participate in the NDR

I lived in Arizona before I had gotten the DUI in Michigan and I believe the license in Arizona is still valid

Zalman B. Sapad
Zalman B. Sapad
answered on Oct 30, 2024

Best way to confirm whether or not Arizona Department of Transportation knows about your Michigan DUI is to call them and ask. You can also easily check the status of your Arizona driver license/driving privilege at AZMVDNOW.gov.

The DUI may not follow you in the sense of having license...
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2 Answers | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Arizona on
Q: My son (20 years old) was arrested for slapping his roommate after they got into it about his friend using a racial slur

He was arrested on the spot and told he could not return to his apartment that is on the ASU campus. I just want to know his rights and if he should get a public defender.

Zalman B. Sapad
Zalman B. Sapad
answered on Oct 30, 2024

While I do not have a copy of your son's lease agreement or the trespass notice in front of me, these documents can be controlling as to whether or not he still has access to his apartment.

Primarily he needs to get in touch with the management to find out if they will enforce the...
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1 Answer | Asked in Traffic Tickets for Arizona on
Q: Pulled over not because any traffic violation, but someone called in that I was resting in my car.

This happened in Mesa Az.

So my question is does 8 cops for a phone call constitute as harassment or police intimidation. There was no traffic violation that occurred while they were following me therefore there was nothing supporting the concern for me resting in my vehicle on public... View More

Zalman B. Sapad
Zalman B. Sapad
answered on Jul 27, 2024

Unfortunately, police officers get away with violating many of our rights through something referred to as the "community caretaking exception" or welfare check exception.

Generally, the Constitution gives everyone the right to be free from unreasonable detainment by law...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Can I hire a private attorney for a plea agreement that is simply like "everyone else's"?
Zalman B. Sapad
Zalman B. Sapad
answered on Jul 27, 2024

Everyone has a right to an attorney--if they want to pay for it.

If you can't pay for it, you usually just go with whichever contract attorney or public defender is assigned to your case.

Many folks choose to hire a private counsel for a 2nd opinion on a plea offer. Another...
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1 Answer | Asked in Criminal Law for Arizona on
Q: I got arrested for third degree trespassing and the officer wrote the wrong year for the date of the offense can dismiss
Zalman B. Sapad
Zalman B. Sapad
answered on Jul 27, 2024

If the case goes to trial and the prosecutor does not realize that the citation or charging document contains the incorrect year -- that is a dismissal at trial.

A skilled defense attorney can find a way to use this. It is common for the prosecutor to realize the "technical...
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1 Answer | Asked in Domestic Violence and Criminal Law for Arizona on
Q: what if the “victim” Later admits that he consented After Other party is charged

Class 5 felony unlawful distribution of images

Zalman B. Sapad
Zalman B. Sapad
answered on Jul 27, 2024

A.R.S. 13-1425 does not have necessarily require a lack of consent in order for someone to be found guilty of unlawful distribution of images.

The main question is if the "victim" had a reasonable expectation of privacy for that image. As a defense you could introduce evidence...
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