It will depend on which court you are referring to. Contact an Arizona criminal defense attorney and they will check into it as much as possible for you. Most of us (myself included) will look into your case free of charge to determine if you need representation.

The answer is it depends. There is a lot more information I would need to know to accurately answer that question.

If you were placed under arrest and there was sufficient probable cause for the arrest, then police can hold you until they get a warrant for a search. If they did place you... View More

No. Felony cases can be brought before a grand jury or there can be a probable cause hearing during the preliminary hearing phase. This can be a witness or a non-witness hearing. Misdemeanor cases need neither and can be charged simply by the prosecution filing a complaint. Also, it is important to... View More

I'd have to look more into this. That said, if you were a juvenile at the time there could be options for having your record sealed all together. Also, there is a new law that will go into effect on 1/1/2023 that will provide an avenue for expungement in Arizona. This may be something you want... View More

Thank you for the question. It could mean that a bench arrest warrant was issued. I would need more context to be able to answer the question accurately. If indeed an arrest warrant was issued, if you come into contact with law enforcement they will arrest you and take you to jail. You should reach... View More

I'm sorry to hear about this situation. Depending on the specifics, your daughter will likely be appointed a public defender at no cost to her or you. If you'd like to speak to a criminal defense attorney, most attorneys in this field (including myself) offer a free consultation.

Thanks for your question. This sounds very troubling and in order to answer your question completely, I'd need to do some research and investigate more. To do that, I'd need a lot more information from you. Most criminal defense attorneys (including myself) offer free consultations. If... View More

A prohibited possessor charge in Arizona is actually called "Misconduct Involving a Weapon" and is a class 4 felony. This charge carries the potential for years in prison and depending on a person's prior criminal convictions, this charge could be a prison mandatory charge.... View More

Thank you for your question, but I'd need to clarify some of the finer points to give a more accurate answer. First, was this a revocation hearing to revoke probation? If so, what type of probation? Also, I'm interested to know more about the board that said that rights were waived and... View More

There is not enough information here to give you exact information. However, if you are facing current charges and a warrant was issued for your arrest due to a failure to appear, you could face arrest and revocation of your release conditions. If, on the other hand, you have not checked in with... View More

The answer is, it depends on what is in the plea agreement. Is there language in the plea agreement that requires the fulfillment of all of the conditions of the sentence (this is known as "earned misdemeanor language") or is the plea agreement silent to this effect? The statute for... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2022

Probate is expensive, time-consuming, difficult and public. I am not a fan. I do try to design plans for my clients that avoid probate.

You can help protect your children from abusive relatives if you put their inheritance in a trust with a professional fiduciary in charge. That way an... View More

Yes, you may report bigamy, as it is a crime.

The decision to press charges belongs to the police and the prosecutors.

You are entitled to representation. You are NOT entitled to different representation because you do not approve of the representative provided to you. Your option is to find a way to pay for private counsel. Otherwise, your lawyer is your lawyer unless a conflict of interest arises (conflict of... View More

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answered on Jun 3, 2022

Generally speaking, the government needs a search warrant to search your home. There are some exceptions such as exigent circumstances or imminent danger. You indicated that they served a warrant him later in the day. What really matters is when was the warrant issued by the Court. Again,... View More

The simple answer to your question is to have a consultation with a lawyer and eventually hire a private defense firm to represent you.

This is very important because it is very common that situations like this happen and you are going to want private attention with a lawyer who is there... View More

Hello! Getting arrested for fraud/theft is always going to be a sticky situation because there are so many factors that will contribute to the type of legal advice I can give.

First and foremost, I recommend speaking with us to have a free consultation so we can go over the specifics as it... View More

No. Proving they have a motive to fabricate is a credibility issue that can ONLY be resolved at a trial. What you describe is something where a judge is going to need to hear and receive evidence from both of you before it can be decided.

A Motion to Dismiss is only appropriate where there... View More

Short answer, yes; you can use your prescribed marijuana.

In REED KALIHER v. State of Arizona, the Arizona Supreme Court held, AMMA bars courts from imposing a probation condition prohibiting the use of medical marijuana pursuant to AMMA.

While this case dealt specifically with... View More

You would likely be charged with failure to control your vehicle (infraction) and leaving the scene of a property damage collision (misdemeanor). You will likely face a fine and a serious increase in your cost of insurance.