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Questions Answered by Aaron Michael Black
1 Answer | Asked in Criminal Law for Arizona on
Q: What does "dismissed due to jury indictment" means
Aaron Michael Black
Aaron Michael Black answered on Apr 2, 2013

Unfortunately, this means you are in a lot of trouble and formal felony charges have been filed against you. A grand jury found there is probable cause for you to stand trial. You need to contact an Arizona Criminal Defense Lawyer.

1 Answer | Asked in Criminal Law for Arizona on
Q: What is penalty for felony 13.1424 voyeurism if guilty?? entered wrong change room by mistake at gym twice..
Aaron Michael Black
Aaron Michael Black answered on Apr 2, 2013

This is a sex offense. You can be charged as a sex offender. It is a class 5 felony. If you are charged with two class 5 felonies on different dates you may be looking at mandatory prison time. The first offense if probation eligible. The second offense carries a prison sentence of 1 - 3.75 years.... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Can a GJ indictment be thrown out if all the evidence available at the time was not presented?

If evidence clearly suggesting innocence was not presented to the Grand Jury and was available at the time can you ask that the decision be thrown out and a new Grand Jury hearing be done? This is in Arizona, Maricopa County.

Aaron Michael Black
Aaron Michael Black answered on Apr 2, 2013

It is possible. At the Grand Jury not all evidence needs to be presented. However, if the evidence that was not presented was exculpatory, there will be a very good argument. I have won numerous grand jury remand motions on this issue. You should contact a criminal defense lawyer.

1 Answer | Asked in DUI / DWI for Arizona on
Q: If my DUI case was vacated. What does that mean?
Aaron Michael Black
Aaron Michael Black answered on Apr 2, 2013

If you are charged with a felony it means you have been indicted and charges are moving forward. If you are only charged with a misdemeanor it means your case was most likely dismissed, but that it can be re-filed

2 Answers | Asked in DUI / DWI for Arizona on
Q: I recieved an aggravated dui while required to have an interlock. My question....I did have the interlock installed

Device was installed and working properly on the day of the offense and there were no violations that day according to the device itself. police did not stop me driving the car. they have an eye witness that indentified me as the driver. if i was intoxicated the car would notstart due to the blow... Read more »

Aaron Michael Black
Aaron Michael Black answered on Apr 23, 2012

The state must prove you were driving the car. You need to hire an attorney and interview the witness. This is a serious offense and requires 4 months in prison if convicted.

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1 Answer | Asked in Criminal Law for Arizona on
Q: Does the state have to produce a victim or witness on a burglary charge
Aaron Michael Black
Aaron Michael Black answered on Jan 26, 2012

The state is going to need someone or something to prove that the defendant did not have the right to be in a specific building or residential yard. To give you the best answer it will be necessary to review the case. There are many different factors that go into how the state is going to try and... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: How will my Colorado DWAI (not DUI) be treated on my AZ license?
Aaron Michael Black
Aaron Michael Black answered on Dec 22, 2011

The best answer I can give you is to go over to the AZ MVD and order a printout of your driving record if you are already licensed in AZ. This will show you how AZ in treating your Colorado DWAI.

I am not sure what a DWAI, but if you took care of it in Colorado you should be fine in AZ. Most...
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2 Answers | Asked in Criminal Law for Arizona on
Q: What has precedent when acquiring an admissible statement in the state of New York
Aaron Michael Black
Aaron Michael Black answered on Dec 3, 2011

There are many things that go into determining if a statement is admissible. It depends who made it. If the defendant did - was the defendant Mirandized?

Is the person who made the statement testifying? If not, does the statement fall under an exception to hearsay. I am licensed in AZ, but...
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1 Answer | Asked in Criminal Law for Arizona on
Q: What is the penalty for resisting arrest class 6 felony
Aaron Michael Black
Aaron Michael Black answered on Nov 30, 2011

Resisting arrest is a serious felony offense. If the defendant has no prior felonies the punishment can be one of three things: 1) up to 3 years of probation, 2) up to three years of probation and up to one year in county jail, 3) .33 - 2 years in prison. If the accused has a prior felony... Read more »

2 Answers | Asked in DUI / DWI for Arizona on
Q: If someone has a prior DUI and got a new one what chances does he have to get minimum sentence and serve in tents.
Aaron Michael Black
Aaron Michael Black answered on Nov 29, 2011

There is a possibility at getting the minimum sentence. However, a lot will depend on the BAC. if the BAC is under .15 the minimum sentence is 90 days in jail with 60 suspended. If .15 to .199 the minimum is 120 days. If over a .2 the minimum is 6 months, which is also the max. Please visit... Read more »

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1 Answer | Asked in Criminal Law for Arizona on
Q: If I was denied access to my arrest records because the case is still under investigation, what can I do to obtain them?
Aaron Michael Black
Aaron Michael Black answered on Nov 25, 2011

You can go to the arresting police department to obtain your police report. You can also retain counsel who can obtain the records from the prosecution.

Good luck,

Aaron M. Black

http://www.aaronblacklaw.com

1 Answer | Asked in Domestic Violence for Arizona on
Q: Can Attempted Child Abuse be a dangerous crime against children?
Aaron Michael Black
Aaron Michael Black answered on Nov 25, 2011

Yes. The prosecution has broad powers. They may file DCAC, but it does not mean it will stick.

Good luck,

Aaron M. Black

Criminal Defense Lawyer

480-729-1683

aaron@aaronblacklaw.com

http://www.aaronblacklaw.com

1 Answer | Asked in Domestic Violence for Arizona on
Q: My case of domestic violence was dismissed without prejudice...how long does the prosecution have to retry this case ?

The judge will impose sanctions upon the prosecutor denying him the said "victim" as a witness in a retrial...I will motion the court to impose sanctions requiring the prosecution for the financial responsibility of my witnesses to return from out of state to include : travel , lodging , and meals... Read more »

Aaron Michael Black
Aaron Michael Black answered on Nov 25, 2011

If this was a misdemeanor the state has one year from the date of offense to file charges.

Good luck,

Aaron M. Black

Criminal Defense Lawyer

aaron@aaronblacklaw.com

480-729-1683

http://www.aaronblacklaw.com

1 Answer | Asked in Criminal Law for Arizona on
Q: Was arrested for ARS13-3407A1,CAF and also have a previous conviction of same offense,am I elligible for probation ?
Aaron Michael Black
Aaron Michael Black answered on Nov 25, 2011

If this case involved Methamphetamine it falls outside or Proposition 200. Because you have a prior felony, if you are convicted after trial, you are facing mandatory prison from 2.25 years up to 7.5 years.

You should retain counsel to assist with negotiations and evaluate your...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Can we do motion to reopen a criminal case from 1998, he was voluntarily deported at the time w/o doing probation
Aaron Michael Black
Aaron Michael Black answered on Nov 25, 2011

Most likely not, but it depends on a few things. 1) Was a warrant issued for his arrest? 2) Is this a serious crime like murder?

The state has 1 year to file misdemeanor and 7 years to file felonies. If a warrant was issued or this falls under some of the serious crimes the case may still be...
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1 Answer | Asked in Criminal Law for Arizona on
Q: What is foundation for cell phone records
Aaron Michael Black
Aaron Michael Black answered on Nov 25, 2011

You will need to get the certified records if you and have the custodian of records testify.

Aaron Black

Criminal Defense Lawyer

480-729-1683

aaron@aaronblacklaw.com

http://www.aaronblacklaw.com

1 Answer | Asked in Criminal Law for Arizona on
Q: On 5/4/04 i was driving a rental suv from Albq. on I-17 to phx. DPS pulled me over for 80/75 and unsafe lane change

Then said i was free to go. as i was walking away he said can i ask you a question? yes. do you have drugs or lg amt $ in suv? No. told me to stay at his car walked to suv told both male passengers to get out talked to them,came back to me put me in handcuffs and told me to sign consent form. he... Read more »

Aaron Michael Black
Aaron Michael Black answered on Nov 25, 2011

There are motions that can be filed in this case because you did not know of the warrant. It is called a Post Indictment Delay Motion. The state must make a good faith effort to try and locate you.Also, this sounds like an illegal search.

You need to reain counsel.

Good...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Q: How do i get my resition order modifyed

Co-defendent was ordered to pay 300 and me 11,000 on same case

Aaron Michael Black
Aaron Michael Black answered on Nov 25, 2011

Depending on what you want modified you will most likely need to file a motion with the court.

Aaron Black

Criminal Defense Lawyer

http://www.aaronblacklaw.com

1 Answer | Asked in Criminal Law for Arizona on
Q: How much time do you get off of a year sentence in Az.
Aaron Michael Black
Aaron Michael Black answered on Nov 25, 2011

If you are going to prison you must serve 85% of the sentence. If County Jail the sentence can be day for day, or if the court allows it you can get 2 for 1.

Aaron Black

Criminal Defense Lawyer

http://www.aaronblacklaw.com

2 Answers | Asked in DUI / DWI for Arizona on
Q: Do police ned a warrant to take blood after breathalizer refusal?
Aaron Michael Black
Aaron Michael Black answered on Nov 25, 2011

Yes, the police need a warrant to get your blood after a breath refusal. However, if the officer allows you to consent to the blood prior to the warrant being issued then no warrant is necessary.

Aaron Black

DUI Defense Lawyer

http://www.aaronblacklaw.com

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