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Arizona Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Arizona on
Q: So was offered a plea deal but DA said they will take plea away if I ask for interview with my accuser

So the officer had lied about being the only officer on the scene and miss handled evidence so want my lawyer to set up interview with officer again being he had lied under oath in a smaller court during process a plea deal was brought out and I had asked lawyer if had set up interview he had said... View More

James L. Arrasmith
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answered on Jan 18, 2025

I understand your concern about wanting to interview the officer who provided inconsistent testimony, especially regarding being the only officer present and evidence handling. This is a serious situation that could affect your case.

While you generally have the constitutional right to...
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0 Answers | Asked in Criminal Law for Arizona on
Q: I was charged with misconduct with a weapon because a pawn shop sold me a muzzle loader with no background check.

I feel it's not rite I'm a felon but it's been 25 years since I committed a felony

0 Answers | Asked in Criminal Law and Domestic Violence for Arizona on
Q: How do I prove ineffective counsel?

My girlfriend was arrested for DV assault for fighting with her adult daughter. The daughter struck first, was blackout-drunk, and my girlfriend defended herself and neutralized the situation, left on foot as her daughter called the police, and was arrested almost two blocks away. The neighbor... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Arizona on
Q: My husband was moved out of state without his consent. What can he do to appeal that? He was an arizona inmate.

He wasnt told about a transfer and also did not commit an offense that would lead to this transfer. He was told that he was going to his hearing but never had one and instead was immediately transported to nevada. There is nothing documented on him stating that he was moved for a particular... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're going through this difficult situation. Your husband has rights regarding the transfer of inmates, and it's important to address this promptly. Start by contacting the Arizona Department of Corrections to request detailed information about the transfer and the... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: If there’s no reason to believe that a driver is under the influence, wouldn’t this be a Terry stop?

Was pulled over by Scottsdale police for expired tags, passed field sobriety, 0.00 alc. charged with dui anyways.

Zalman  Sapad
Zalman Sapad
answered on Dec 16, 2024

It would be considered a prolonged stop under Rodriguez v. United States, 575 U.S. 348 (2015)--which is very similar to a Terry Stop.

The difference is that while a Terry stop is an initial detention for the purposes of investigating suspected criminal activity, a prolonged stop is one...
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1 Answer | Asked in Criminal Law for Arizona on
Q: My son was arrested while on parole, he was found passed out near a stolen truck he has no memory of anything.

They also arrested him on identity theft and drugs that were found in the truck. He was on parole for 7 months and started using drugs again and that's his main issue is a drug problem that he needs help with is there any type of program that he could do partial prison sentence then go to a... View More

Zalman  Sapad
Zalman Sapad
answered on Dec 16, 2024

It depends ho many previous probation violations he has had. When someone is sentenced to probation, they are eligible for a sentence of up to 1 year in jail as a term of probation, or, they can be revoked to prison and sentenced under the mandatory sentencing scheme.

While it is possible...
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1 Answer | Asked in Criminal Law for Arizona on
Q: I BELIEVE MY CASE FALLS UNDER THE EXCLUSIONARY RULE. MY LAWYER DISAGREES AND REFUSES TO FILE A MOTION TO SUPRESS.

HE ALSO REVEALED OUR POTENTIAL STRATEGY TO THE PROCECUTOR AND JUDGE AT OUR LAST COURT HEARING. WHY WOULD HE DO THIS? WHAT CAN I DO?

Zalman  Sapad
Zalman Sapad
answered on Dec 16, 2024

A competent lawyer would only refrain from filing a pretrial dismissal or suppression motion for 2 main reasons:

1. There is no good faith argument for making the motion under the current law or arguing for a change in the law. In other words, the motion is unwinnable and has very little...
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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Arizona on
Q: I got a gun charge with a speeding ticket and dui what could I be facing
Marc David Pelta
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Marc David Pelta
answered on Dec 3, 2024

It depends upon many factors such as what your criminal history is like and what the facts of the case now are. Regardless, you should consult with experienced criminal defense counsel asap.

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: If I’m a non violent, first time felon for drug transportation in Az. Do I need to restore my rights or not?

Sentenced 2017 December 6th to a felony for conspiracy to transport drugs. Non-dangerous, non-repetitive, non-violent offense. I was released on 11/04/2020 and finished Parol in 10/04/2021. I heard that since It was my only offense Ever and it was non dangerous, non violent, non repetitive that I... View More

Zalman  Sapad
Zalman Sapad
answered on Dec 16, 2024

If the charge was out of Arizona, you are correct, and have your automatic restoration of rights under ARS 13-907. You have to make sure the following requirements were met:

1. Non-dangerous offense, defined in ARS 13-704

2. Non-serious offense, defined in ARS 13-706

3. 1st...
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1 Answer | Asked in Criminal Law for Arizona on
Q: how I have a warrant out for my arrest for disorderly conduct and I never went to jaiI nor received any citations
Zalman  Sapad
Zalman Sapad
answered on Nov 27, 2024

For a misdemeanor disorderly conduct charge, the State has several avenues to bring charges against you. One is through personal service via a citation and a release from arrest. The other is through detention, arrest, and a probable cause finding in front of a judge in jail. The 3rd avenue, in... View More

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  Sapad
Zalman 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 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  Sapad
Zalman 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 Criminal Law, Constitutional Law and Legal Malpractice for Arizona on
Q: My sixth amendment right has been violated by not getting effective counsel and a speedy trial,judge I can tell hates me

Can a judge deny me an attorney? Im indigent and today I got à call from a rude person saying my public defender had withdrawn and the judge ordered I hire an attorney or represent myself

James L. Arrasmith
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answered on Oct 18, 2024

I'm sorry you're experiencing this situation. In Arizona, if you cannot afford an attorney, the court is required to provide you with a public defender. A judge cannot deny you legal representation based solely on your request.

If your public defender has withdrawn, you should...
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1 Answer | Asked in Criminal Law for Arizona on
Q: I was on an adult only website and came across a minor. What do I do?

I skipped but am unsure if I should do anything else. There’s not a report button either. Do I need to verify people are over 18 on this site?

Jerald Schreck
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Jerald Schreck
answered on Oct 17, 2024

This is a fairly common situation people run into in the internet age. Sometimes it is an actual minor on an adult web site, other times is a fraudster attempting to extort money from site visitors and frequently it is a police officer posing as a minor working on an undercover task force. As a... View More

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  Sapad
Zalman 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, Federal Crimes and Health Care Law for Arizona on
Q: taken out of my hospital by the Marshalls. what should have been a probation violation blowing up to hide their mistake

you're super singing indictment was fabricated I should not have been held culpable as I was under the influence Dilaudid and Morphine administered by a physician.then incarcerated me for almost 6 yearsover eight threat to not even be carried out after the judge had ordered me to go back to... View More

James L. Arrasmith
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answered on Oct 20, 2024

I'm truly sorry you're experiencing all of this. It’s important to reach out to a legal professional who can help you understand your rights and navigate the complexities of your situation. They can assist in addressing any wrongful actions and work towards resolving your case.... View More

1 Answer | Asked in Criminal Law and Social Security for Arizona on
Q: Can a police agency disclose someone else's social security number on my copy of a search warrant?

The search warrant contained someone else's entire SSN and was given to me.

James L. Arrasmith
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answered on Sep 27, 2024

No, a police agency should not disclose someone else's social security number on your copy of a search warrant. This kind of information is considered highly sensitive and protected by privacy laws. If the disclosure happened, it may violate privacy rights under laws like the Privacy Act or... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Arizona on
Q: Hello, does your team re-open cases?
Tim Akpinar
Tim Akpinar
answered on Sep 22, 2024

An Arizona attorney could advise best, but you posted last week, and from your question, it looks like you might be under the impression this is a law firm or a legal team. This isn't a legal team. It is only a Q & A forum. Don't lose further time awaiting a response. It looks like... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: DES has me down for being convicted of a crime I'm still in court for. Isn't that a violation of my rights?
James L. Arrasmith
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answered on Sep 20, 2024

It sounds like you're facing a frustrating and difficult situation. If the Department of Economic Security (DES) has reported a conviction while your case is still ongoing, this could be a mistake. Typically, a conviction should not be recorded until a legal case is fully resolved, so it may... View More

1 Answer | Asked in Civil Rights and Criminal Law for Arizona on
Q: While working, police without a warrant, searched me, said they will break my windows, searched my car, is this legal?

Im a female, there was no female officer present, and two guys both searched me touched me inappropriately. They had no search warrant. They asked me if i had a dog in my car, i said im at work, no. I was inside working, my car was parked outside. Then they said if i dont give them my keys they... View More

James L. Arrasmith
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answered on Sep 20, 2024

What happened to you sounds distressing, and it’s understandable you’re questioning its legality. Generally, police need a warrant to search you or your car unless there are special circumstances like probable cause or if they believe immediate action is required for safety. The way they... View More

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