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Questions Answered by Brad Rideout
1 Answer | Asked in Criminal Law for Arizona on
Q: During my arrest the superior said thst I was a pos over the phone..can case get thrown out due to officer missconduct
Brad Rideout
Brad Rideout
answered on Jan 5, 2024

The short answer is likely no, an officer being disrespectful and rude usually doesn't create a legal issue causing the case to be dismissed. If the officer's conduct causes it to be less likely that your conduct was criminal then there would be a possibility of dismissal, but... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Juvenile Law for Arizona on
Q: My 16YO daughter stole from a makeup store, no cops, banned from the store. Now I have a bill in the mail from a lawyer?

They took her to the back office, Scottdale PD was not involved, they kept all times since they were not open but claim "losses". Now I have a bill for $ 312 for a civil claim. ARS 12-661/ 12-691 / 12-694 and 13-1805.

What are my options?

Brad Rideout
Brad Rideout
answered on Jan 5, 2024

Dad of teenage girls here.

If there was a pending criminal court case, I have advised parents pay the civil claim then successfully argue to the prosecutor the criminal case should be dismissed due to the "victim" agreeing to a misdemeanor compromise.

However, your...
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1 Answer | Asked in Criminal Law for Arizona on
Q: do police have to identify themselves , when they are coming to ur house for a knock and talk

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Brad Rideout
Brad Rideout
answered on Dec 11, 2023

A police officer on a knock and talk generally doesn't have to identify themselves. The officer has the right of say a door-to-door salesman to come up to your door and ask you questions, you can choose to answer them or not. However, there could be issues if you were not free to leave and the... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Bad or good sign?

My court appointed criminal defense attorney withdrew from council on my case is that good or bad?

Brad Rideout
Brad Rideout
answered on Nov 1, 2023

It likely means they had a conflict, so they withdrew from your case. Usually, this is not good or bad. Your attorney must withdraw if they discover a conflict (something like they represented one of the witnesses, co-defendants, or victims in the past)

Usually, you can find out the reason...
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1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Arizona on
Q: What should I do if I cant seem to get my attorney to contact me so that I can find out what's going on with my case.

I'm 3 days from my IPTC and despite the judges order that my attorney and I meet no later than 3 weeks after my last court date to discuss the case, I still cannot get my attorney to talk to me.what should I do?

Brad Rideout
Brad Rideout
answered on Nov 1, 2023

Keep on trying to contact your attorney, try by phone and email. To put your mind at ease, your IPTC is an informal non-appearance hearing so no real stress that your attorney not contacting you, for now, for this hearing your attorney not contacting you isn't going to effect the outcome of... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: I was a passenger in vehicle and was told they had probable cause to se a rch the vehicle and my purse for inventory

They only searched my bag and found meth I side and nothing else was searched and the vehicle was not towed nor impounded I was read right put I. Cuffs and was released was told. I'd have to appear in court in 3 months what should I do I have a fingerprint card I don't waNt to loose... View More

Brad Rideout
Brad Rideout
answered on Nov 1, 2023

There may be a search issue there with the search of your purse, if they searched the purse for inventory reasons but didn't ultimately take you into custody.

As for your fingerprints, unfortunately, all courts require you to get fingerprinted prior to your arraignment, even if the...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Are your rights automatically restored on a first felony conviction

State of Arizona charge was hindering the prosecution and I successfully completed probation

Brad Rideout
Brad Rideout
answered on Oct 30, 2023

Yes, your civil rights are automatically restored after your first felony, basically, that means your right to vote and your right to hold public office.

NOTE: you do not automatically get your gun rights back, you can request your gun rights back 2 years after the completion of your...
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1 Answer | Asked in Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Arizona on
Q: when you're stopped on your bicycle the reason being no lights can they take your pocket knife from your hip that is 2"

I did have lights front and back as he's searching my fanny pack the other officer said I fit the description that was given earlier. I did not fit the description I was just on a bicycle in the area actually I was headed directly to the crime scene so and headed toward the police cruisers the... View More

Brad Rideout
Brad Rideout
answered on Oct 30, 2023

If you were riding your bike at night, they can pull you over for not having lights. They can't search you absent reasonable suspicion or search incident to arrest.

Sounds like you pocketknife was legal. See the following blog on knives in Arizona...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Can my partners probation officer make me take a drug test if we don’t live together and I’m not on probation?
Brad Rideout
Brad Rideout
answered on Oct 27, 2023

No the probation department has no court orders about your conduct. So you can refuse with no consequences to you.

However, there may be consequences for your partner. For instance, if they don't want your partner around you and they will only agree to allow your partner around you if...
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1 Answer | Asked in Criminal Law for Arizona on
Q: If I got arrested due to a warrant from a diff county does that give the officer the right to search my bags and charge

Me with a parafanilia charge

Brad Rideout
Brad Rideout
answered on Dec 8, 2023

The short answer is yes, if you were under arrest then a search incident to an arrest is a lawful search.

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