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By me being pulled over and having the knife I was searched and thus the police found drugs on me. Should the knife have been confiscated if that was the reason for the search?
Was pulled over by Scottsdale police for expired tags, passed field sobriety, 0.00 alc. charged with dui anyways.
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... View More 
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
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... View More
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?
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... View More
I have not been shown my plea agreement, thus asking for it quite a few times, was just told I'm guilty, justice court case is now in superior court.
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.
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
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... View More
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
I FEEL IF HE DIDN'T BOOK ME FOR WARRANT THEN HE SHOULDN'T HAVE WENT THROUGH MY POCKETS
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.
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... View More
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
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... View More
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
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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... View More
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?
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
We have been dating since i was 16 and he was 19
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.
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
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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
The search warrant contained someone else's entire SSN and was given to me.
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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
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
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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
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
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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
In Arizona there is a exception that allows a probationer under appropriate supervision to work with probationers in treatment as a substance abuse counselor, Can you site that law for me please and give me the details?
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answered on Aug 31, 2024
In Arizona, a probationer can work as a substance abuse counselor under specific conditions, as outlined in Arizona Revised Statutes § 13-901.01. This statute provides an exception for probationers to work in the field of substance abuse counseling, particularly when their own experiences can be... View More
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