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Arizona Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: If I have been wrongfully arrested and going to have to do more jail time for something I haven't done canI get out this

My name is Brittany

Well back in 2021 my now ex sister in law went down to Mesa Superior Court and filed an order and protection on me and she put her 2 kids but she also put my son( 14 at the time) on the order of protection as well..

She went down to the court and gave false... View More

James L. Arrasmith
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answered on Nov 24, 2023

Brittany, it sounds like you're facing a challenging and complex legal situation. If you have been wrongfully arrested and are facing jail time for something you didn't do, it's crucial to take immediate legal action.

The first step should be to consult with a criminal...
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1 Answer | Asked in Criminal Law for Arizona on
Q: I just got charge with 9 counts of felony charges but i have no idea what this is from what should i do
Dwane Cates
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answered on Nov 21, 2023

Any time you are facing felony charges you should consult a lawyer. If you have 9 charges, chances are this is a very serious situation. If the police try to question you, ask for a lawyer and do not answer any questions.

1 Answer | Asked in Criminal Law for Arizona on
Q: Bad or good sign?

My court appointed criminal defense attorney withdrew from council on my case is that good or bad?

Brad Rideout
Brad Rideout
answered on Nov 1, 2023

It likely means they had a conflict, so they withdrew from your case. Usually, this is not good or bad. Your attorney must withdraw if they discover a conflict (something like they represented one of the witnesses, co-defendants, or victims in the past)

Usually, you can find out the reason...
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1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Arizona on
Q: What should I do if I cant seem to get my attorney to contact me so that I can find out what's going on with my case.

I'm 3 days from my IPTC and despite the judges order that my attorney and I meet no later than 3 weeks after my last court date to discuss the case, I still cannot get my attorney to talk to me.what should I do?

Brad Rideout
Brad Rideout
answered on Nov 1, 2023

Keep on trying to contact your attorney, try by phone and email. To put your mind at ease, your IPTC is an informal non-appearance hearing so no real stress that your attorney not contacting you, for now, for this hearing your attorney not contacting you isn't going to effect the outcome of... View More

1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Small Claims for Arizona on
Q: my boss refused to give me my check untill i convinced someone to take money instead of sueing him

it was alleged that i was in a fender bender in A company truck. the other party would like to contact our insurance and make a claim. when payday came my boss told me that i had to go convince this other party to take a money bribe and not call his insurance, well i did not do that so he kept my... View More

John Michael Frick
John Michael Frick
answered on Nov 1, 2023

No, he can’t force you to bribe someone as he learned according to the facts stated in your question.

1 Answer | Asked in Criminal Law for Arizona on
Q: I was a passenger in vehicle and was told they had probable cause to se a rch the vehicle and my purse for inventory

They only searched my bag and found meth I side and nothing else was searched and the vehicle was not towed nor impounded I was read right put I. Cuffs and was released was told. I'd have to appear in court in 3 months what should I do I have a fingerprint card I don't waNt to loose... View More

Brad Rideout
Brad Rideout
answered on Nov 1, 2023

There may be a search issue there with the search of your purse, if they searched the purse for inventory reasons but didn't ultimately take you into custody.

As for your fingerprints, unfortunately, all courts require you to get fingerprinted prior to your arraignment, even if the...
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1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Arizona on
Q: IT IS ORDERED that the Defendant shall contact and meet with his attorney in person no later than three weeks from date.

3 days from IPTC still the incarc. defen. Has been unsuccessful reaching his attorney to discuss the case what should the defendant do?

James L. Arrasmith
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answered on Nov 5, 2023

If you, as the defendant, are unable to reach your attorney, you should document all attempts you've made to contact them. It's important to act promptly by notifying the court of your efforts and the lack of response from your attorney. You may do this by filing a motion with the court... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Arizona on
Q: I was pulled over in a commercial truck and marijuana was found in the vehicle. It wasn't mine, it was another employees

Me and my boss are telling them it wasn't mine but they still want to charge me. What do I do!!

T. Augustus Claus
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answered on Oct 19, 2023

In Arizona, being found with marijuana in a commercial vehicle is a serious offense that could lead to criminal charges and affect your commercial driver's license. If you and your boss are asserting that the marijuana wasn't yours, gathering evidence to support your claim will be... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Can my partners probation officer make me take a drug test if we don’t live together and I’m not on probation?
Brad Rideout
Brad Rideout
answered on Oct 27, 2023

No the probation department has no court orders about your conduct. So you can refuse with no consequences to you.

However, there may be consequences for your partner. For instance, if they don't want your partner around you and they will only agree to allow your partner around you if...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Are your rights automatically restored on a first felony conviction

State of Arizona charge was hindering the prosecution and I successfully completed probation

Brad Rideout
Brad Rideout
answered on Oct 30, 2023

Yes, your civil rights are automatically restored after your first felony, basically, that means your right to vote and your right to hold public office.

NOTE: you do not automatically get your gun rights back, you can request your gun rights back 2 years after the completion of your...
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2 Answers | Asked in Criminal Law, Family Law, Real Estate Law and Child Custody for Arizona on
Q: I found a bag that has remnants of what could be crystal meth in my bathroom trash, its my kid's dad. What can I do?

We live in AZ. He lies a lot. We have a mortgage together. What can I do legally to find out and if it is, get him out of home and away from kids?

Stephen M Vincent
Stephen M Vincent
answered on Oct 2, 2023

You probably need to get it tested. Then once you find out it is meth, you need to ask him to submit to a drug test. If it's positive, you could use that as a reason to get temporary emergency custody (i.e., legal decision-making and parenting time) over the children.

If you're...
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1 Answer | Asked in Contracts, Criminal Law, Elder Law and Identity Theft for Arizona on
Q: Who can i have look at this durable POA document that my mom signed for my sister in law and my brother? It looks wrong.

The only signature that's legit is my mom's 1 signature. And the 2 disinterested witnesses signatures are done by the same person. Who happens to be my sister in laws best friend. And I've never seen a notary that has handwriting like a child's. And all of the initials are not... View More

John Michael Frick
John Michael Frick
answered on Sep 29, 2023

If you have genuine concerns about the authenticity of a power of attorney, particularly one with handwritten and initialed changes, you should decline to accept it and request a clean version whose authenticity you don’t question.

1 Answer | Asked in Constitutional Law, Federal Crimes and Criminal Law for Arizona on
Q: Can a prison guard call someone a snitch?

Can a prison guard call someone a snitch?

James L. Arrasmith
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answered on Oct 15, 2023

It is not illegal. We have free speech in this country. However, while prison guards have certain leeway in how they interact with inmates, they are still bound by professional standards and codes of conduct. Labeling an inmate as a "snitch" can pose serious safety risks for the inmate,... View More

1 Answer | Asked in Criminal Law, Employment Law and Sexual Harassment for Arizona on
Q: what should I do if I got sexually harassed at work by a coworker & management hasn't done anything about the incident?

this happened a week ago 09/08/2023 and I have not received a follow up about the situation, not report has been asked for me to file at work and I've just been told nothing can be done because he already quit. I don't feel like anything has been done about the station and an employee for... View More

Joel Friedman
Joel Friedman
answered on Sep 15, 2023

Good morning, sorry to hear about the situation at work and at least the person who was harassing you is gone. I'm a workers' compensation attorney and this question should be answered by an employment lawyer. You might want to try reposting your inquiry and limit it to employment and... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Medical Malpractice for Arizona on
Q: Can lying about a medical condition be considered medical fraud?

To get perks of said medical condition

Tim Akpinar
Tim Akpinar
answered on Sep 25, 2023

An Arizona attorney could advise best, but your question remains open for three weeks. Yes, it could be considered fraud. Don't do it. Good luck

1 Answer | Asked in Criminal Law for Arizona on
Q: Can you get probation for aggravated assault with a deadly weapon in Arizona?
T. Augustus Claus
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answered on Sep 6, 2023

In Arizona, whether or not you can get probation for aggravated assault with a deadly weapon depends on various factors, including the specific circumstances of the case, your criminal history, and the discretion of the judge. Aggravated assault with a deadly weapon is a serious offense, and... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: When a search warrant has ( the four corners rule ) On the search warrant what is the reason for this

Said search warrant had only non residents on it yet covered in the broad east meaning possible Also what part of the warrant does the judge actually see when the four corners rule is used

James L. Arrasmith
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answered on Sep 11, 2023

"The four corners rule" in the context of search warrants refers to the legal principle that a judge should only consider the information contained within the four corners of the affidavit - that is, the written document itself - when determining whether there is probable cause to issue... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Is it lawful to manufacture evidence?

The District Attorneys opposition to my writ of error Coram nobis was adopted and used verbatim in stead for the findings of facts conclusion of law and order with all of its egregious misinformation and caused my writ to be denied , is this lawful?

John Michael Frick
John Michael Frick
answered on Sep 3, 2023

No it is not lawful to manufacture evidence.

It is common for a court to use large portions of a party’s well-written and reasoned opposition in its decision denying the relief requested. There is nothing inherently wrong or suspect about that.

If you want a second opinion on the...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Can they charge me with 2 charges if I only got into a house?

CHARGE CLASS CHARGE DATE CIT # PLEA DISPOSITION DISP DATE

D 1 1 2 30-16-4(A) & 31-18-1 Aggravated Burglary (Deadly Weapon) F2 08/31/2018 Conviction - Plea 03/04/2019

D 1 2 2 30-16-3(A) & 31-18-1 Residential Burglary F3 08/31/2018 Conviction - Plea... View More

T. Augustus Claus
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answered on Aug 11, 2023

In Arizona, if you unlawfully enter a house without permission, you can potentially be charged with multiple offenses depending on the circumstances. For example, you might be charged with criminal trespass for entering someone's property without authorization. Additionally, if you intended to... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: How to defend possession of drug paraphernalia found in vehicle that neither party claimed. Is not defendants P.O. testi

Police officer said will speak to judge for defendant

Josephine Pesaresi Hallam
Josephine Pesaresi Hallam
answered on Aug 7, 2023

The answer the possession charges are fact specific. So: who owned the car? Where was everyone sitting in the car in relation to the drugs? What is everyone’s criminal history? Were the drugs found in anyone’s bag or under anyone’s chair? Were the frustum plain sight?

Is there a...
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