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Arizona Criminal Law Questions & Answers
1 Answer | Asked in Domestic Violence and Criminal Law for Arizona on
Q: what if the “victim” Later admits that he consented After Other party is charged

Class 5 felony unlawful distribution of images

Zalman  Sapad
Zalman Sapad
answered on Jul 27, 2024

A.R.S. 13-1425 does not have necessarily require a lack of consent in order for someone to be found guilty of unlawful distribution of images.

The main question is if the "victim" had a reasonable expectation of privacy for that image. As a defense you could introduce evidence...
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1 Answer | Asked in Criminal Law for Arizona on
Q: How do I get heard in my case? There are important mitigating circumstances but my attorney isn't hearing me. Human smug

He hasn't given me his plea version. The plea packet from the Prosecutor was literally lies they wanted me to plead guilty to

John Michael Frick
John Michael Frick
answered on Jul 15, 2024

You can reject the plea deal and ask that your case be set for trial or you can reject the plea deal and ask for an open plea. An open plea is where you are not accepting the plea deal offered by the prosecution but want the judge to consider specific facts and circumstances in assessing your... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: I got arrested for third degree trespassing and the officer wrote the wrong year for the date of the offense can dismiss
Zalman  Sapad
Zalman Sapad
answered on Jul 27, 2024

If the case goes to trial and the prosecutor does not realize that the citation or charging document contains the incorrect year -- that is a dismissal at trial.

A skilled defense attorney can find a way to use this. It is common for the prosecutor to realize the "technical...
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1 Answer | Asked in Criminal Law for Arizona on
Q: I DONT FEEL THE PUBLIC DEFENDER IN YUMA ARIZONA IS REPRESENTING ME WELL HOW CAN I CHANGE HIM WITH A GOOD REASON.

I HAVE BEEN INCARCERATED FOR 1 1/2 MONTHS AND HAVE TALKED 1X ON THE PHONE BUT BEEN TO COURT 3X WITH NO REPRESENTATION

Tim Akpinar
Tim Akpinar
answered on Jul 21, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. The question may have been overlooked under the "Wrongful Death" heading. You could repost under "Criminal Law." That doesn't guarantee a response, but criminal defense attorneys who are... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Can I hire a private attorney for a plea agreement that is simply like "everyone else's"?
Zalman  Sapad
Zalman Sapad
answered on Jul 27, 2024

Everyone has a right to an attorney--if they want to pay for it.

If you can't pay for it, you usually just go with whichever contract attorney or public defender is assigned to your case.

Many folks choose to hire a private counsel for a 2nd opinion on a plea offer. Another...
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1 Answer | Asked in Civil Litigation and Criminal Law for Arizona on
Q: Our company had a vehicle stolen from our property. The people were arrested and that property was recovered by police

Are crane unit that was on our record truck? Let's put on another truck about the people arrested. The tow company does not want to allow us to take the crane off And charges a three thousand dollar impound fee. The property was stolen. It was recovered during a raid, and the people are... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand you're dealing with a complex situation involving stolen property, recovery, and impound fees. Let me break down the key points and offer some suggestions:

1. Property status:

- Your company's vehicle was stolen.

- The vehicle had a crane unit...
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1 Answer | Asked in Criminal Law for Arizona on
Q: How do I press charges on a minor that assaulted my minor son Resulting in broken hand.

Police said they closed investigation and no more they will do

John Michael Frick
John Michael Frick
answered on Jun 20, 2024

You theoretically could talk to your local district attorney but it is unlikely that criminal charges will be brought if police have investigated the incident and closed their case.

1 Answer | Asked in Criminal Law for Arizona on
Q: How long is the statue of limitations to file on someone arrested
Voss Skoullos
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answered on Jun 11, 2024

The correct answer corresponds with the specific charge. Let me know the charge and I'd be happy to answer it for you.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Arizona on
Q: Would I be able to press charges against someone who placed a hidden device in the privacy of my bedroom?

I do know the person who did it and am willing to press charges against this said individual should the opportunity arise. But I was curious, what form of state punishment would this person receive if they were to be brought up on "voyeurism charges", and if I wanted to sue this person... View More

James L. Arrasmith
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answered on May 1, 2024

If someone placed a hidden device in your bedroom, you could potentially press charges for voyeurism, a serious invasion of privacy. Voyeurism laws vary by state, but generally, it's considered a criminal offense when someone knowingly invades another person's privacy for sexual... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Arizona on
Q: Can you be arrested for Aggravated DUI when your weren't even driving, in front of your house ,with no keys in your poss

Police report says I was observed consuming alcohol and was not even driving or in possession of keys and no ethyl alcohol in my system can the police lie like that on the police report and a year later initially file charges for Aggravated DUI?

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information you've provided, it seems unusual that you would be charged with Aggravated DUI a year after the incident if you were not driving, did not have keys in your possession, and had no ethyl alcohol in your system at the time. However, laws can vary by jurisdiction, and... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: I was the subject of a police investigation involving illicit substances years ago-More info below-is it safe to travel?

How was the subject of a police investigation involving illicit substances four or five years ago in the state of Arizona- my renter was a heroin dealer who got arrested, and they naturally launched an inquiry into me. I was never a drug dealer, but I also was no stranger to shady dealings with... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you've provided, it seems that you were not arrested or charged with any crimes related to the police investigation. If there are no outstanding warrants for your arrest, you should be able to travel without facing legal issues.

However, it's essential to...
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1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: Im a college sophmore

My ex had recently broken up with me, and I had decided with a friend to drive me to his dorm and egg his room. It was supposed to be like a little April Fools Prank that he was unaware of and to make me feel better about the break up but it went too far. So I broke in by 2 college students letting... View More

James L. Arrasmith
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answered on Apr 4, 2024

I understand that you are going through a difficult time after your breakup, but it's important to recognize that your actions were not just a harmless prank. Breaking into someone's room and causing damage to their property is a serious offense that can lead to criminal charges.... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: A search warrant was served on my house. I asked the officers why my home and they said it was surveiled

They didn't find any stolen goods and left me to fix my door and sue them for the money. I want to find out if the search was legal

James L. Arrasmith
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answered on Mar 24, 2024

The legality of the search conducted at your home depends on several factors. If the officers had a valid search warrant, it typically means that a judge found probable cause based on evidence presented by law enforcement. The specifics of the warrant, such as the address, date, and items sought,... View More

1 Answer | Asked in Criminal Law, Family Law and Child Support for Arizona on
Q: At a fugitive of justice hearing in Maricopa county and there's a status conference when I'm out on bond. What to expect

Hello maricopa county, I got arrested for a warrant out of Michigan for child support and I got bonded out now I have to go to a status conference. What should I expect at the status conference? Will they put me back in jail.

James L. Arrasmith
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answered on Feb 25, 2024

Here are a few key things you can expect at a status conference for a fugitive of justice case in Maricopa County:

- The judge will check in on the progress of getting you extradited back to Michigan to face the child support warrant. The prosecutor will update if Michigan has begun that...
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1 Answer | Asked in Criminal Law, Immigration Law, Domestic Violence and International Law for Arizona on
Q: Will I be extradited from Mexico to the USA for a dv assault charge? I’m a Mexican citizen and have a green card
James L. Arrasmith
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answered on Feb 24, 2024

Extradition between Mexico and the United States is governed by treaties and international law, which allow for the transfer of individuals facing criminal charges or convictions from one country to the other under certain conditions. Whether you will be extradited for a domestic violence assault... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Met someone on Tinder who claimed to be 18. Police say they're a minor. Can I be charged if I didnt know their real age?

I was on Tinder and the person I met said they were 18. I had police contact saying that the person was a minor. If I did not know will I still get charged with a crime?

Michelle Villanueva Skura
Michelle Villanueva Skura
answered on Feb 23, 2024

We are sorry that you find yourself in this situation. Unfortunately this situation is more common than most people think. First, lets address the biggest problem that our clients in this situation face: A minor cannot consent under ARS 13-1405. In Arizona the age of consent is 18yrs old this means... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: If I was to fly back from another country into USA and landed in Washington and have an active warrant in California.

Would California come get me? Would they know if have an warrant right when I land using my passport? Would I be able to enter the U.S. without them finding out I have a warrant? Or be prepared to be arrested?

Zachary Divelbiss
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answered on Feb 22, 2024

Yes, if you have an active warrant then you should always expect to be arrested any time you come into contact with law enforcement. We have seen this happen both if you are entering or leaving at an airport as once you provide your ID the system checks for any flags. Now, it is impossible to say... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Why was i charged w hindering in 2 degree ? Police came on a welfare check, but refused to leave.

I answered door to two police officers that stated they were there on a welfare check called in by a friend. I told them we are all sleeping and that everything is fine. They asked to talk to my son , I woke him up and we both talked through a see through locked screen. they could see we were fine.... View More

Zachary Divelbiss
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answered on Feb 22, 2024

Hindering in the 2nd degree comes from ARS 13-2511. The law is fairly simple as it says, "A person commits hindering prosecution in the second degree if, with the intent to hinder the apprehension, prosecution, conviction or punishment of another for any misdemeanor or petty offense, such... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: how to defeat an affirmative defense plea

even though the party had a mental condition they were aware of what they were doing at the time the crime was commited by trying to clean up the crime scene and stole and fled in that persons car

Zachary Divelbiss
Zachary Divelbiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

I am not sure your entire question was posted correctly.

There is no such thing as an "affirmative defense plea" so that is the first thing that we would need to know. What it sounds like is maybe you believe there is an affirmative defense based on mental capacity. That can...
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1 Answer | Asked in Criminal Law, Constitutional Law and Native American Law for Arizona on
Q: I'm charged with poss of dang drug and it was obtained illegally by the officers

Ok I was arrested two years ago but was released cuz of my job so I didn't go to jail but the officer was surveillancing a home but I went to check on my son at that residence I was there for close to 15 l

Min but officer has no video of me doing anything illegal he stated I was there... View More

James L. Arrasmith
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answered on Feb 24, 2024

In Arizona, the legality of a police stop and search is grounded in whether the officer had probable cause to believe a crime was being committed. Simply being present at a location under surveillance does not automatically provide probable cause. However, the specific circumstances surrounding... View More

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