Lawyers, Answer Questions  & Get Points Log In
Arizona Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Arizona on
Q: If your imprisonment is reinstated after a probation violation, how much time is served?

If the defendant had their sentence reduced, I was wondering if the imprisonment reinstatement is the remainder of the time they should have served or if the sentence for the PV is entirely separate to be determined by the court.

Mike Branum
Mike Branum answered on Jan 21, 2022

The Court can order a parolee returned to custody to finish the underlying sentence from which they were paroled when there is a parole violation. There are defenses to parole violations and the parolee should confer with their counsel to take advantage of any defenses they may be entitled to.

0 Answers | Asked in Criminal Law and Constitutional Law for Arizona on
Q: Can I get out of jury duty for saying?

Can I get out of jury duty if I tell them my opinions wouldn’t be fair as a juror? Such as, I always side with law enforcement on every issue, which would make me too biased on the jury.

0 Answers | Asked in Criminal Law and Civil Rights for Arizona on
Q: if the witness was fabricated, how does the case still move forward from the initial arraignment?

can the accused (incarcerated presently) attend an arraignment without legal representation and no witness?

0 Answers | Asked in Criminal Law for Arizona on
Q: how much time would my husband be looking at for these charges Charge: 10 Counts of [POSS WPN BY PROHIB PERSONDANGEROUS

not his first time and has pending drug charges

0 Answers | Asked in Constitutional Law and Criminal Law for Arizona on
Q: Ex recorded a phone call between me and him for the police but he is a convicted felon is the recording inadmissible

Since he is a felon is the recording inadmissible or is it valid? Can police use felons to try to get things on you.

0 Answers | Asked in Criminal Law for Arizona on
Q: If the a prosecutor depends solely on 404b evidence to convict on a criminal case will the judge allow 404b evidence?

If the prosecutor depends on prior acts to get a conviction does that mean the case is weak? I'm being tried on a promiting prison contraband charge and I was never found in possession of the actual contraband. It was found in my living area.

1 Answer | Asked in Criminal Law for Arizona on
Q: Do you know of any lawyers in mesa, arizona that are willing to take a criminal case pro bono?
Matthew Maerowitz
Matthew Maerowitz answered on Jan 13, 2022

If there is any possibility of jail, then the Court will appoint a lawyer for you at little or no charge if you cannot afford hiring private counsel. Even if the prosecutor is not seeking jail, the Court sometimes will still appoint a lawyer in the interests of justice and can ask for a public... Read more »

1 Answer | Asked in Real Estate Law, Criminal Law and Civil Rights for Arizona on
Q: What extenuating circumstances are there to push the statute of limitations on conversion of property?

My mother has clinical depression and was advised to not sign any documents. My mother and father were never married and were separated. My mother living in the home alone fell victim to fraud on “refinancing” but lost her home, about 2007. We (my mother and 5 children living in the home) were... Read more »

Mike Branum
Mike Branum answered on Jan 11, 2022

The argument would be that the deception (injury) was not discovered until more recently. This is called "tolling" of the statute of limitations because the injured party is unaware of the injury.

The problem will be finding legal representation to assist you with a complicated...
Read more »

0 Answers | Asked in Criminal Law for Arizona on
Q: How an I obtain information on an out of state sealed indictment only the police have been able to see 10yrs old?

I have tried to contact the courts and police departments in said out of state county to no avail.

1 Answer | Asked in Criminal Law for Arizona on
Q: Car searched for impound inventory drugs found. Charge that got car impounded never filed. Why still facing drug charge?

I mean DUI charge never filed and was only arrested for suspicion. If DUI since wasn't prosecuted why would I still have to face the drugs that only got found because of the DUI case

Matthew Maerowitz
Matthew Maerowitz answered on Jan 13, 2022

The search of the car may or may not have been legal regardless of whether you were found guilty or even charged with DUI. There are a lot of legal questions to determine whether the stop and ultimately the search of your vehicle was justified such as whether there was reasonable suspicion to stop... Read more »

0 Answers | Asked in Criminal Law for Arizona on
Q: Car searched for impound inventory drugs found. Charge that got car impounded never filed. Why still facing drug charge?

I mean DUI charge never filed and was only arrested for suspicion. If DUI since wasn't prosecuted why would I still have to face the drugs that only got found because of the DUI case

0 Answers | Asked in Criminal Law for Arizona on
Q: I want my ex mother in law to get prosecuted for lying to police office, for wanting to take advantage of the immigratio

I am being prosecuted after being framed by my ex mother in law. She lied to police officer now I’m being prosecuted!

Two officers present, didn’t see a crime. They waited for officers to leave to call another officer and “raise” a report.

She’s illegal and I’m sure is... Read more »

0 Answers | Asked in Criminal Law for Arizona on
Q: how do I change the sentences handed down for non violent crimes and get addicts help and treatment in yavapai county

I am a addict and I am looking at more time that murders get because i bought my drugs in bulk to get them cheaper. I need help Im looking at 15 to 65years if stacked. I have a disease, Addiction is a brain disease. Please help me change the sentencing for non violent offenders. I know myself and... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Arizona on
Q: Can I include violations of Criminal Code § 13–2907.02 in a family law case or is it a matter for the police?

Making it trickier, I live in another country, my ex lives in another state and Tucson AZ retains jurisdiction of the children. False reports have been made against me elsewhere but mostly and repeatedly in Arizona. I have a long documented paper trail of proof but have no idea where to start. Is... Read more »

Stephen M Vincent
Stephen M Vincent answered on Dec 13, 2021

Are you wanting to know how you can get the Court to consider the information?

If so, the best way is to use it as an exhibit at trial. To be eligible to be used as a trial exhibit, you need to disclose it to the other side at least 60 days before trial, you need to follow the Court's...
Read more »

1 Answer | Asked in Criminal Law, Small Claims and White Collar Crime for Arizona on
Q: How can I prove ownership of the vehicle when it's titled in someone else's name?

I bought a vehicle in June 2021, received an open title & written bill of sale, but never registered it in my name. Fast forward to beginning of Nov, my husband asked a family friend to borrow $100 & told them he could pay back $10/day, but warned the payments would be sporadic. The friend... Read more »

Mike Branum
Mike Branum answered on Nov 30, 2021

Probably, but you will likely have to go to small claims court to do so. You would need to file a small claims court case for the current market value of the vehicle (because you cannot seek injunctive relief in justice court - "getting your title back" is injunctive relief). If you win... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Arrested for car theft thought he was buying car left him with keys no court date already held 9 days is legal?

He was under the impression he was buying it had written purchase agreement police refused to look at been held for more then 9 days no court no official charges PPPD private party public defender not doing anything will not speak to us or call us though hes released her to is any of this legal... Read more »

Michelle Villanueva Skura
Michelle Villanueva Skura answered on Nov 29, 2021

While we do not have the specific details of his case, traditionally there is an initial arraignment hearing within 24 hours and a plea of “Not Guilty” is entered on the defendant’s behalf. At the arraignment the Judge determines the terms of the release conditions and the amount needed for... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: My husband is incarcerated and recently had his marijuiuna charged expunged by courts this charge was a enhancement

He has appealed to be released as he now completed his sentencing and is being held solely on the marijuina enhancement conviction which is now expunged due to Prop 207. His appeal was denied ? Is there a similar case law? Do you know what is the process of marijuima being used for enhancement on... Read more »

Mike Branum
Mike Branum answered on Nov 27, 2021

I do not believe there is any case law on this situation yet. Your husband should work with his attorney. When you state that he "appealed to be released" I presume he appealed to the sentencing court. Now that he has been denied by the Superior Court, he will need to file with an... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.