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Arizona Criminal Law Questions & Answers
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
Zachary Divelbiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Criminal Law and Traffic Tickets for Arizona on
Q: What might my sentence be for a criminal speeding ticket in AZ for a first time offence?

I was driving and I sped up to make it past the light that I felt was about to turn yellow. There was only one other car on the road and it was a truck in the next lane. I passed the truck but started to slow down once I made it past the light, but the truck was following me and it was dark.... View More

Zachary Divelbiss
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answered on Feb 28, 2023

Based on everything you said, you should be hiring a lawyer to handle this for you. Every case is different so it is not possible to tell you what you will get unless you hire someone. We have seen some judges give people 3+ days of jail for criminal speeding first offense. Other judges might be... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Do I have to file a serperate petition for each individual case where ARS 13-911 is concerned?

I am looking to seal records for 3 seperate arrests/convictions, DUI, an assault, and a threats/intimidation... they happened on seperate dates and are seperate cases. I was hoping to include all three on a single petition in order to reduce filing fees and to save time (have them all considered at... View More

Amanda J Bynum
Amanda J Bynum
answered on Feb 2, 2023

You have to file a separate petition for each case.

1 Answer | Asked in Criminal Law and Personal Injury for Arizona on
Q: Can an assault victim sue the apartment complex for having fake security cameras? How about sueing the suspect?

I was assaulted in my apartment complex parking lot by a neighbor. Im a disabled veteran and i was helpless. He was beating me up for 5 minutes and the whole time im thinking that everything is getting recorded on 4 to 5 cameras that were around us. But police officers were familiar with this... View More

Freddy Saavedra
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Freddy Saavedra
answered on Jan 9, 2023

Sorry to read about the issues you are going through. I am a service connected disabled veteran and I empathize with your frustrations. In terms of your questions I will try to address them one at a time.

You may be able to obtain an order or protection against the assailant but I am not...
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2 Answers | Asked in Bankruptcy and Criminal Law for Arizona on
Q: Asking for assistance with recovering addict problems that have been haunting me for years. I cannot get a job because.

I cannot get a job because of my previous drug and theft records. MVD stops me from registering my car and DES is seeking payback of unemployment. Stuck between rock and hard place. I have been clean for approximately 3 years but does't seem to matter. I really need help with possibly getting... View More

Timothy Denison
Timothy Denison
answered on Jan 5, 2023

Check with your local bar association or legal aid society. They maintain lists of pro Bono and reduced fee attorneys who can help you.

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3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Arizona on
Q: My daughter's ex who no longer resides here showed up to visit the kids with a baseball bat in his hand. legal or not ?

He says her new boyfriend verbally threatened him the night before.

Stephen M Vincent
Stephen M Vincent
answered on Dec 29, 2022

Obviously, he didn't bring the bat to play baseball with the child; he brought it to have a potentially violent confrontation with the boyfriend in front of the child. That is really problematic.

If there are orders in place, your daughter might want to consider seeking a...
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1 Answer | Asked in Criminal Law and Family Law for Arizona on
Q: Why would a judge give a father sole custody when father have a criminal background? Mother do not have a record

From start of when we first started father failed five drug test nothing was done he got joint custody fast forward to now father have an domestic violence on him from starting a fight with his mom and step dad and had our daughter in the bathroom when his mom tried to check on our daughter he... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 29, 2022

It is difficult to answer this without knowing more, but the short answer to your question is the Court must have been more concerned about Mother than it was with Father. Perhaps the Court overlooked evidence. There are options to challenging the Court's ruling. I recommend you consult with... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Arizona on
Q: lets just say someones kids commit suicide to drugs, will the parents serve jail time because of that?
Dwane Cates
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answered on Nov 27, 2022

There is no simple yes or no answer to this question. It all depends on the circumstances surrounding the death. The parents involved should contact legal counsel and discuss the circumstances of this case.

1 Answer | Asked in Car Accidents and Criminal Law for Arizona on
Q: I was in an auto accident that wasn't my fault exforman drugged me and caused me to be in this accident no dui ever

I'm being accused of crime I did not commit I had an individual living in my home who is working for my company and he spiked a drink put a bunch of drugs in a drink and I drank it not knowing and 5 minutes later I'm down the road wrapped around two other vehicles completely incoherent

Tim Akpinar
Tim Akpinar
answered on Dec 11, 2022

An Arizona attorney could advise best, but your question remains open for three weeks. Don't lose further time awaiting a response here from car accident attorneys. Those firms are generally plaintiff-oriented in negligence matters involving other motorists. If you haven't already done... View More

2 Answers | Asked in Criminal Law for Arizona on
Q: If someone shot at your house and you took off after them and shot the person ? Why would you serve life for protecting
Mike Branum
Mike Branum
answered on Nov 22, 2022

Because you can only use deadly force to defend yourself from an active threat to your life. If you have to "take off after someone" you become the aggressor and could be found guilty of murder if your shooting them results in their death. A life sentence is the potential outcome of a... View More

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1 Answer | Asked in Bankruptcy, Contracts, Criminal Law and Civil Litigation for Arizona on
Q: Is it possible to reverse the transfer of ownership due to fraudulent notarization?

I received a judgment in a lawsuit. The defendant transferred ownership of a newly Mercedes-Benz purchased just before a lien or writ of execution could be filed. The paperwork was illegally notarized by an out of state Notary. Is it possible to file a claim to reverse the sale and file a lien or... View More

Timothy Denison
Timothy Denison
answered on Nov 16, 2022

All of the above.

1 Answer | Asked in Criminal Law for Arizona on
Q: Aggravated Assault but it was just a fight.

There was a fight between 3 men. The argument began between two of the men and the third man stepped in. The third man that stepped in was the one who used the weapon. The victim of the fight knows that the individual incarcerated was not the one who actually had the weapon. They have been... View More

Steven Scharboneau
Steven Scharboneau
answered on Nov 3, 2022

There is not enough information on this post to know. However, most criminal defense attorneys (myself included) will talk to you about your case for free. This is a discussion best had over the phone. Aggravated assault is a very serious charge, so I recommend reaching out to criminal defense... View More

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Arizona on
Q: My significant other of 9 yrs. Daughter is claiming that my dad who has been deceased and I have sexually assaulted her.

I have a child of 7 with my partner. I have not been contacted by any officials for 11 days now. They have not as much as called me.

Steven Scharboneau
Steven Scharboneau
answered on Oct 27, 2022

These types of allegations are very serious and can have life altering consequences. If you are being accused of this, I highly recommend reaching out to an Arizona criminal defense attorney to discuss your options right away. Most of us on here (myself included) will discuss your case with you... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: I believe my rights were violated. But cops are going to just lie and say they did not. How do i overcome this?
Steven Scharboneau
Steven Scharboneau
answered on Oct 27, 2022

Hire an Arizona criminal defense attorney to defend you and your rights. Most of us on here (myself included) will discuss your case with you free of charge.

1 Answer | Asked in Criminal Law for Arizona on
Q: Would it be advisable to hire a lawyer if accused of a misdemeanor? It was for $40.
Steven Scharboneau
Steven Scharboneau
answered on Oct 1, 2022

Misdemeanors are criminal charges and it definitely is advisable to at a minimum contact a criminal defense attorney to discuss your options. Most defense attorneys (myself included) will discuss your case with you and help you weigh options free of charge.

1 Answer | Asked in Criminal Law for Arizona on
Q: I am accused of taking money that was left at the atm. should I hire an attorney?
Steven Scharboneau
Steven Scharboneau
answered on Oct 1, 2022

The short answer is yes. You need to call an Arizona attorney (like myself) to discuss the facts of your case further. Most attorneys (including myself) will talk o you about your case free of charge. After going over the details, I'd be able to help you understand whether you need to hire a... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: when accused of a crime does the police need to let you know who is accusing you?
Steven Scharboneau
Steven Scharboneau
answered on Oct 1, 2022

The police do not necessarily have to tell you, but the government does have to tell you eventually in most circumstances. You have a Sixth Amendment Right under the United States Constitution to face your accusers and ask them questions in court. Usually a person accused of a crime will find out... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Formal felony charges filed August 11 2022 on arrest date of March 18 2022. Notification was returned due to wrong addre

The apt # was not included in the mailing address, but was readily available in my records. The court issued a failure to appear warrant on 9/11/2022. I found docket online, and tried to show up for court. I made motion to correct the courts error in my mailing address on 09112022. The court... View More

Steven Scharboneau
Steven Scharboneau
answered on Oct 1, 2022

The warrant can easily be dealt with. If it isn't dealt with, you will be arrested by law enforcement next time you have police contact. It sounds like there may be a service issue here, but it needs more attention and investigation from a criminal defense attorney. If you are facing criminal... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: AZ. Vehicle traffic stop for a taillight out. Baggie of medications (various pills) + an insulin syringe in plain sight.

When asked about bag of meds, Driver informs officer he is a Type 1 Diabetic but ran out of insulin, & is on the way home to retrieve spare insulin vial.

Driver also wearing a CGM (blood sugar monitor) & high blood sugar alarm repeatedly goes off during interaction. Would the... View More

Steven Scharboneau
Steven Scharboneau
answered on Oct 1, 2022

It would depend on what happened after the officer saw the medication and the syringe. If you are saying that the officer used that observation to extend the traffic stop for the tail light to investigate into drug possession--there may be a Forth Amendment issue here. The USSC has said there are... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: If I bring my prescription into court on my court date will the judge verify that it is actually mine

Or will they just visually see that it has my name and information on it and if it is expired medication yet still mine I am able to possess that still correct.

Thomas M. Fleming
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Thomas M. Fleming pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 24, 2022

I’m not sure why you want to bring in prescription medication into court but I will presume it is to provide evidence of legal possession (versus illegal possession) of a drug. This can be a very perilous act, and can backfire in many different ways. Please first consult with your lawyer (or if... View More

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