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Arizona Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Arizona on
Q: Why do charges get dropped?

I was raped and physically assaulted by someone I know. He was arrested and being charged with multiple felonies, but the charges were dropped. I haven’t gotten an explanation as to why. Who makes the decision? What are some common reasons why charges, especially felonies, would be dropped?

T. Augustus Claus
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answered on Jul 6, 2023

I'm really sorry to hear about your traumatic experience.

The decision to drop charges is typically made by the prosecutor's office handling the case. Common reasons for charges being dropped can include insufficient evidence, witness credibility issues, concerns about a fair...
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1 Answer | Asked in Consumer Law, Criminal Law, Constitutional Law and Native American Law for Arizona on
Q: Can I get a case thrown out if the incident happened on10/24/2022but issued a warrant on 5/3/2023. Why so late for that?

Was let go the day of the incident

Arrested but on a different case but was a misunderstood and let go

Recently issued a warrant

But when I was getting questioned I was getting questioned by the fbl or Dea about a different case that has nothing to do with me

James L. Arrasmith
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answered on Jul 10, 2023

It's important to consult with a legal professional to understand the specifics of your case and address your concerns about the timing of the warrant. They can review the details, assess any grounds for challenging the case or seeking dismissal, and provide guidance based on their expertise.... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: hello what does exanoration of bond mean also surrender defendant

im just wondering what thos mean thats whats said on court dockets

Mike Branum
Mike Branum
answered on Jun 11, 2023

Exoneration of the bond means the Court will advise whoever put up the bond that it has been released and the bond holder is no longer liable.

Surrender defendant means the defendant showed up.

1 Answer | Asked in Criminal Law for Arizona on
Q: I just found out that I have a misdemeanor bench warrant in another state from 2009. Process for getting that quashed?

I just found out that I have a misdemeanor bench warrant in Idaho for failure to appear. I have a new job that ran my background and found it. I need to resolve this, ASAP so I can start my job. In 2009, I had a misdemeanor DUI ( first offense ). I did community service and paid a small fine.... View More

Dwane Cates
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answered on May 26, 2023

Your best bet is to hire a lawyer in the same area as the court. Sometimes they can file a motion to get the warrant Quashed and get you some time to complete the classes. Sometimes the judge makes you appear. If there is a bond on the warrant you can pay the bond and ask to have a telephonic... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Can I get another attorney from same law firm if first attorney has not doing what we've asked?

The court appointed attorney but he never returned calls or emails so we hired a law firm for my son and the attorney they appointed to him has not filed for a bond reduction that we had asked him to do 4 months ago. He just says he dont think they will lower bond. We are from out of state. My son... View More

Dwane Cates
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answered on May 25, 2023

The lawyer works for you. If you are not happy with your lawyer you need to communicate that to them and give them a chance to make things right. If nothing changes, You can ask the managing partner of the firm to give you a new lawyer. If they will not or you are not satisfied with their... View More

1 Answer | Asked in Criminal Law, Family Law, Arbitration / Mediation Law and Child Custody for Arizona on
Q: Can a person use a private investigators findings in court
John Michael Frick
John Michael Frick
answered on May 19, 2023

I’m bothered by the word “findings.”

Generally speaking, a private investigator would be called as a witness and is able to testify from personal knowledge what he did, what he saw, what an adverse party told him, and what other people said which may be an exception to the hearsay rule.

1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on
Q: If i have been sentanced in a criminal felony case but i feel my lawyer did not represent me using all the evidence

My lawyer neglected to show proof that i did not assult my sister with my car, she previously jumped in front of my brothers car with my niece inside the car, exactly the same situation as with mine and both my brother and niece wrote their account to help support the fact that she jumped in front... View More

Todd B. Kotler
Todd B. Kotler
answered on May 9, 2023

You need to hire another lawyer and (assuming you are within the statutory time limit for doing so) ask for either a reconsideration of your case (by the same judge) or an appeal. Your argument is ineffective assistance of counsel. Please, understand that this forum is NOT a substitute for hiring... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Arizona on
Q: Can I be arrested and charged with a crime without being present or aware of the crime

I was pulled over for speeding and the officer was asking me about my recent arrest and I was unaware of this arrest. He informed me I had been arrested a week prior and charged with fraudulent schemes and taking identity of another. I was not present for this arrest and had no knowledge of this... View More

Matthew Maerowitz
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Matthew Maerowitz
answered on May 7, 2023

One possibility is that the Court may have issued a summons and after you failed to appear at your court date, an arrest warrant issued. It could be that you never were aware of the summons and it was sent to a bad address. You should consult a criminal defense lawyer to go in greater detail and... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: I was charged with shoplifting but I feel there is something wrong with my ticket or the charge?

In Phoenix, AZ with no record at all, not even a ticket. I was charged with ARS 13-1805 for shoplifting from a Hobby Lobby for 50-60 dollars in things and noticed the ticket (printed onto a traffic ticket) doesnt have any detailed information on it, my eye and hair color are wrong, and something... View More

Matthew Maerowitz
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Matthew Maerowitz
answered on Apr 10, 2023

For misdemeanor charges, it is common for them to be charged by an officer using the Arizona Traffic Ticket and Complaint form even when it is not a traffic offense. For a first offense sometimes there is an opportunity at diversion. Regardless, you should contact a lawyer immediately to help go... View More

1 Answer | Asked in Social Security and Criminal Law for Arizona on
Q: does sociakl security put a tracer on your number or can i get a job i have a warrant
James L. Arrasmith
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answered on May 2, 2023

Social Security Administration (SSA) does not put a tracer on Social Security numbers. However, if you have an outstanding warrant, it could potentially affect your ability to obtain employment as employers often conduct background checks. It is important to address any outstanding warrants and... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: Can A minor being charged with a crime be interviewed without a parent or attorney present..

Also can the News Media have rights to broadcast a minor identity as well as false information

James L. Arrasmith
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answered on Apr 6, 2023

In the United States, a minor who is being charged with a crime generally has the right to have a parent or attorney present during questioning. This is to ensure that the minor's rights are protected and that they are not coerced into making statements that could incriminate them.... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: I need to talk to a criminal lawyer ASAP in regards to getting a mitigated deferred jail sentence

I was arrested 7 years ago for a check I went to jail my husband bonded me out I went back to court and the judge told me no further charges were being filed and told us where to go to get the bond money back. But in January I was arrested on a warrant to that I knew nothing about a d got ORd and... View More

Dwane Cates
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answered on Apr 3, 2023

You need to call me asap. 480 620 8568

1 Answer | Asked in Criminal Law and DUI / DWI for Arizona on
Q: Does rule 8 of criminal procedure apply to DUI/DWI cases in Arizona?

I was pulled over for suspicion of DUI in late January and was released from jail the following day. I was charged with the DUI in September.

Matthew Maerowitz
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Matthew Maerowitz
answered on Apr 6, 2023

Yes, Rule 8 applies; however, this is different from the statute of limitations. The statute of limitations is the time the prosecutor has to file charges whereas Rule 8 involves your right to a speedy trial after charges are already filed. For a misdemeanor DUI the prosecutor typically has up to... View More

2 Answers | Asked in Criminal Law and Admiralty / Maritime for Arizona on
Q: ok soam se;f repotirt as person in guilt of trason to the united stats. can you hep me??
James L. Arrasmith
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answered on Mar 8, 2023

Can you rewrite your question so that there is more clarity? It is difficult to discern exactly what you are asking.

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1 Answer | Asked in Criminal Law for Arizona on
Q: In Arizona criminal case my codefendant confessed to cop that they did it. Can they still prosecute me?

Dangerous Drug/ paraphernalia posession,under threshold. Co-defendant confessed to putting it in my pocket when pulled over for traffic violation. He claimed full responsibility for it 2 times, 2nd time post miranda

Zachary Divelbiss
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answered on Mar 7, 2023

Yes, even if your co-defendant admits to possessing any or all of the drugs, you can also be charged. There are a few different reasons why that are going to depend on your specific case. First, it could be a false confession that the evidence doesn't support. Second, you can still be in such... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Dangerous Drug charge isn't there a way on a first offense to have the felony dropped to a mischdemeanor?
Zachary Divelbiss
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answered on Mar 3, 2023

Yes there is. It is not easy to get and there is definitely no guarantee that it will happen. The first thing to do is to hire a private lawyer because it is very rare that you can get this kind of outcome without a private lawyer. The lawyer will work to negotiate a deal down to a misdemeanor. The... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: If p.o has 10 days to serve warrent after back in custody but doesn't serve for 17dsys can I be released for that
Zachary Divelbiss
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answered on Feb 28, 2023

Warrants have many strict rules that if they are not followed and executed correctly then they can be dismissed. However, you seem to be saying there was a 10 day limit on an arrest warrant. I have never seen a deadline to execute an arrest warrant.

It is common with search warrants that...
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1 Answer | Asked in Civil Litigation, Criminal Law and Federal Crimes for Arizona on
Q: If someone who is law enforcement does something illigal to you can they take a statement or claim from you legally?
Zachary Divelbiss
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answered on Feb 28, 2023

If someone is working as an active duty police officer, then they have to act in a professional manner consistent with their training. If they do something illegal then they should be reported. If something they did violated your constitutional rights and they charged you with a crime then you... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: I am SMI and went crazy and got a f6. No one was hurt. I am suicidal about this. Can suicidalness get case dismissed?

I am smi. I thought drug traffickers were trafficking children. I am now suicidal about my felony. Can my suicidalness get my case dismissed?

Zachary Divelbiss
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answered on Feb 28, 2023

No. In almost every situation, you cannot get a case dismissed due to suicidal inclinations or attempts. That is not a legal defense to your charges. There are situations where the life circumstance of someone can change and that could cause a case to be dismissed. In one example, someone is... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Is there anything in mohave county criminal law called a Donald plea or Donald trial pertaining to a theft for means of

For means of transportation

Zachary Divelbiss
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answered on Feb 28, 2023

Most felony courts refer to this as a Donald Advisement. This is where the prosecutor is required to say out loud to the judge and the rest of the court what the current plea offer is. They also state if the defendant has any prior felonies and whether they are category 1, 2, or 3 if you lose your... View More

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