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Arizona Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Arizona on
Q: i have a charge for criminal damage and disorderly conduct x5 i want to k ow what will happen if i plead guilty
Zachary Divelbiss
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answered on Feb 20, 2024

Every case is different and since you were charged with 6 criminal misdemeanors, I strongly recommend that you hire a private lawyer to defend you. If you only had one charge, then that might be a different situation where online advice could be helpful.

That being said, here is what I can...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Could someone apply for parole if their release date is on 2025? Sentenced to 3 in a half years but past mandate test?

Also completed many programs and received many certificates. Unfortunately the charge was aggravated assault,and disorderly conduct. If he hasn't gotten any tickets in prison, and working, and staying out of trouble. Could he apply for parole late 2024? Thank you!

T. Augustus Claus
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answered on Feb 8, 2024

In Arizona, eligibility for parole depends on the specific laws and guidelines that govern parole decisions, including the type of offense committed and the individual's behavior while incarcerated. For someone sentenced to 3 and a half years for aggravated assault and disorderly conduct,... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Can my son hire another attorney just for his plea bargain in Phoenix Arizona

We hired a attorney for our son in Arizona to help fight in a complex criminal case. Our son was 19 and just graduated high school, worked since 15, played sports since 2nd grade, never been in any kind of trouble with school or the law in our town. The attorney we hired has not been good for him... View More

Zachary Divelbiss
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answered on Feb 22, 2024

This is a common issue that happens and I hate to say it but if your son already accepted the plea deal then there is nothing that can be done. A lawyer would have to basically prove that something legally was significantly wrong with the plea to undo accepting the plea.

If, however, you...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on
Q: If the police knock on your door, you answer. They say your under arrest. Do you have to go with them?

Do you have to step out of your home and go with them. If they do not have a warrant.

James L. Arrasmith
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answered on Jan 26, 2024

Yes, if the police knock on your door, announce they are there to arrest you, and order you to come out, you legally have to comply and go with them even if they do not have an arrest warrant.

Police officers are legally allowed to make warrantless arrests if they have probable cause that...
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1 Answer | Asked in Contracts, Criminal Law, Divorce and Personal Injury for Arizona on
Q: I need a lawyer to write up a demand letter.

I'd rather explain in person if I could bc it'd be a lot easier. Bc there is a lot involved and not sure what direction to go with this issue. Civil Rights, Domestic Violence, interference with business relationships, Cyber stalking, Hacking, spying, tampering with personal properties,slander

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2024

An Arizona attorney could advise best, but your question remains open for three weeks. It could be difficult for attorneys here to offer their services or a consult, as you mention your preference to explain in person. You'd need to reach out to attorneys. In addition to your own independent... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Arizona on
Q: A cop pulled me over and I dropped my ciggarette but picked it up as soon as we were done. Am I guilty of littering?
T. Augustus Claus
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answered on Jan 18, 2024

If you dropped a cigarette during the traffic stop but promptly picked it up afterward, it is less likely that you would be charged with littering. Littering charges typically involve the intentional and unlawful disposal of waste or objects in public spaces. In your case, it seems like a momentary... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Divorce and Tax Law for Arizona on
Q: need pro bono lawyer to help me clear a dv warrant against me & to press idv charges against my abuser, Can you help?

I was determined to be the instigator. He got superficial scratches. I flew backwards through the air and broke my foot in 6 places in an attempt not to break my neck, head or worse. The whole situation started because he was driving drunk and I tried to take the keys of our car away from him. I... View More

James L. Arrasmith
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answered on Jan 22, 2024

To find a pro bono lawyer who can assist with your situation, you can start by contacting legal aid organizations in Arizona. These organizations often provide free legal services to those who qualify based on their income and the nature of their legal issues. They may be able to help you address... View More

1 Answer | Asked in Consumer Law, Criminal Law, Products Liability and Health Care Law for Arizona on
Q: I need help getting reimbursement from our health care assistance and I am being sent in circles. Can you help?

Back in Sept. we signed up for United Health Shared Ministry as our basic health coverage. My husband & I go to our yearly doctor visit but thats pretty much it, so we wanted a plan that fit our needs & didn't break the bank. We thought we found it, but boy were we wrong. All... View More

Tim Akpinar
Tim Akpinar
answered on Jan 16, 2024

An Arizona attorney could advise best, but your question remains open for a week. One option, and the most inexpensive one to start with, might be to look into whether your state's department of insurance could offer guidance. Good luck

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: Jurisdiction appearance questions for motion to modify conditions of probation and/or possible revocation hearing?

I am on federal probation, and during incarceration, I relocated from the state that sentenced me, Alaska, to my new location, Arizona. When I first arrived, my new probation officer completed paperwork to transfer my probation case to AZ, but I never completed the paperwork to transfer my... View More

James L. Arrasmith
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answered on Jan 13, 2024

In a situation where you're on federal probation but your judicial case remains in Alaska while you're in Arizona, navigating the legal process can be complex. To modify your probation conditions or address any potential revocation hearing, you have a few options.

One approach is...
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1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Arizona on
Q: I was a victim of an assault but I don’t want to press charges or have an investigation. Now a detective reached out.

The detective asked me to come in for a victim interview but I never knew there was a case or an investigation since I did not want to report anything.

James L. Arrasmith
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answered on Jan 13, 2024

If you were a victim of an assault but do not wish to press charges or participate in an investigation, it's essential to communicate your decision clearly to the detective. You have the right to decline involvement in any criminal case.

You can politely inform the detective that you...
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1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Juvenile Law for Arizona on
Q: My 16YO daughter stole from a makeup store, no cops, banned from the store. Now I have a bill in the mail from a lawyer?

They took her to the back office, Scottdale PD was not involved, they kept all times since they were not open but claim "losses". Now I have a bill for $ 312 for a civil claim. ARS 12-661/ 12-691 / 12-694 and 13-1805.

What are my options?

Brad Rideout
Brad Rideout
answered on Jan 5, 2024

Dad of teenage girls here.

If there was a pending criminal court case, I have advised parents pay the civil claim then successfully argue to the prosecutor the criminal case should be dismissed due to the "victim" agreeing to a misdemeanor compromise.

However, your...
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1 Answer | Asked in Criminal Law for Arizona on
Q: During my arrest the superior said thst I was a pos over the phone..can case get thrown out due to officer missconduct
Brad Rideout
Brad Rideout
answered on Jan 5, 2024

The short answer is likely no, an officer being disrespectful and rude usually doesn't create a legal issue causing the case to be dismissed. If the officer's conduct causes it to be less likely that your conduct was criminal then there would be a possibility of dismissal, but... View More

1 Answer | Asked in Civil Rights, Constitutional Law and 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.

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 ,... View More

James L. Arrasmith
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answered on Jan 3, 2024

In your situation, being charged with hindering in the second degree arises from interactions with law enforcement officers during their official duties. In Arizona, hindering prosecution or obstructing justice can occur if someone knowingly impedes or attempts to impede a law enforcement... View More

1 Answer | Asked in Criminal Law and Animal / Dog Law for Arizona on
Q: Is it actually unlawful to take someone's dog home with you when you pick them up off the streets? I live in Arizona

Long story short I found a puppy wandering around a neighborhood no collar, I took it to get scanned but no chip. I basically hung out with this dog all day and eventually ended up talking to some neighbors. One of the neighbors told me they think the dog lives at the Corner House. So I ended up... View More

Christopher Millar
Christopher Millar
answered on Jan 19, 2024

Hello,

Arizona Theft requires "intent to deprive" a person of the property. Here, you did not commit theft because you were attempting to locate the owner to give them their property back. I believe you've done a good deed that would not be considered "theft." I...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Can I be denied a jury trial in a justice court and how do I demand a jury over a judge pertaining to a misdemeanor az
Steven Scharboneau
Steven Scharboneau
answered on Dec 29, 2023

You are not always entitled to a jury trial for a misdemeanor offense in Arizona. It depends on what the charges are. Your best bet is to reach out to a licensed Arizona criminal defense attorney for a free consultation.

1 Answer | Asked in Criminal Law for Arizona on
Q: The actual facts occurred more than 12 months ago in a misdemeanor. The complaint, uses the wrong date.

Can the State amend the charge, after the statute of limitations has run on the right date? I see the exceptions. Evidence issues abound. But the complaint filing date is most likely prosecutor error because they waited 11 months to file and made a mistake in reading the Officers report, which... View More

Steven Scharboneau
Steven Scharboneau
answered on Dec 14, 2023

You are correct, the statute of limitations for misdemeanor charges in Arizona is 1 year from the date of when the event occurred or the government had reason to know of the offense. It sounds like you may have an issue here. You should contact an Arizona criminal defense attorney with more of the... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: What does it mean when you no longer have any court cases on your public record. All my priors I'm unable to read
James L. Arrasmith
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answered on Dec 14, 2023

If you're unable to find any of your prior court cases on your public record, this could mean a few different things. It's possible that your records have been sealed or expunged. When a record is sealed, it's hidden from public view, but still exists in the legal system.... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: do police have to identify themselves , when they are coming to ur house for a knock and talk

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Brad Rideout
Brad Rideout
answered on Dec 11, 2023

A police officer on a knock and talk generally doesn't have to identify themselves. The officer has the right of say a door-to-door salesman to come up to your door and ask you questions, you can choose to answer them or not. However, there could be issues if you were not free to leave and the... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: If I got arrested due to a warrant from a diff county does that give the officer the right to search my bags and charge

Me with a parafanilia charge

Brad Rideout
Brad Rideout
answered on Dec 8, 2023

The short answer is yes, if you were under arrest then a search incident to an arrest is a lawful search.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Landlord - Tenant for Arizona on
Q: my wife was assaulted by a tenant who refused to pay rent. the assailant threw vinegar in my wife's eyes.

emt's worked on my wife's eyes for half an hour and wanted to take her to the hospital. the cops wanted to arrest my wife and the assailant. its a tactic to not have to do any work. the racist hispanic cop took my id to run it (why?) he came back with a hostile attitude. I'm a felon,... View More

James L. Arrasmith
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answered on Dec 5, 2023

In your situation, where your wife was assaulted by a tenant and the responding law enforcement officers' actions were questionable, there are several steps you can take. First, it's important to document everything: the assault, the treatment your wife received from the EMTs, the... View More

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