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Arizona Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Employment Law, Family Law and Immigration Law for Arizona on
Q: Do judges ever require ppl to demonstrate he or she is trying to better themselves by learning something? Is it common?

If so, for a someone who doesn't speak English or doesn't speak really well, would working on learning the language demonstrate good faith? Perhaps as a means to finding more work opportunity, for example.

Kevin L Dixler
Kevin L Dixler
answered on Apr 8, 2022

In general, No! Judges must focus primarily on the requirements for an immigration benefit. Also, whether a foreigner meets at least those requirements.

Note that for other immigration benefits, outside of the immigration court, it depends upon for what purpose. For example, a person who...
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1 Answer | Asked in Criminal Law for Arizona on
Q: My daughter drowned when her father was supposed watching her why Is he not in jail right now
Stephen M Vincent
Stephen M Vincent
answered on Apr 1, 2022

I'm sorry to hear about your loss. My heart goes out to you.

Family law is not the right category for this question though. It better belongs to the criminal category, as the decision to press charges is ultimately up to prosecutors and somewhat to the police. Those of us who are...
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1 Answer | Asked in Criminal Law and Health Care Law for Arizona on
Q: I have been adsaulted three times by a person. I have advanced glaucoma. The person was at my bedroom window last night.

So far the precinct judge has done very little. My assaulter ignored the peace bond that i filed for.

Matthew Maerowitz
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Matthew Maerowitz
answered on Mar 24, 2022

If there are criminal charges against the assailant, you should talk to the victim advocate. A lot of times you can get release conditions (if not already in place) that will prohibit contact or harassment. If there is no criminal case you may be able to get some form of protective order such as... View More

1 Answer | Asked in Criminal Law, Family Law and Civil Rights for Arizona on
Q: Can a landlord harass you by slamming on doors just to set off your anxiety. We pay rent on time and this feels abusive

Me and my Wife rent a room at her mother's for 800 a month, and always pay on time. Me and my Wife suffer from severe anxiety and her mom keeps racking on the door randomly waking up our child and shooting our anxiety through the roof. We have confronted her told her of our anxiety and to... View More

Stephen M Vincent
Stephen M Vincent
answered on Mar 15, 2022

I'm sorry to hear of your situation. I'm sorry that your mother-in-law is not more sensitive to your needs. That is certainly a failure on her part on the human level. I wanted to give you the number for National Suicide Prevention Lifeline: 800-273-8255

Unfortunately, I think you...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Arizona on
Q: Can I appeal a charge from 1996 in Tempe, AZ where coercion played a role in my plea?

I was 18 and homeless in 1996, cutting across an open parking lot (privately owned). A policeman said he couldn't stand us homeless (today I hold degrees in biotech, microbiology, and teaching) and I needed to leave town. He arrested me for criminal trespass. I was fed rotten green baloney and... View More

Matthew Maerowitz
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Matthew Maerowitz
answered on Feb 28, 2022

It sounds like what you are probably seeking to do is set aside your conviction. While this is not entirely what you are asking, it may accomplish your objectives. A set aside if granted will set aside the judgment of guilt and dismiss the complaint. You should consult an attorney to discuss... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Please help I'm being misrepresented by an attorney for my criminal case and it's damaging to My outcome and sentencing
Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

Unfortunately you don't have a question posed. However you're free to fire your attorney at any point and hire a new one. Many, myself included, will consult with you at no charge. Good luck to you.

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: How many years can the da go back on historical priors
Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

10 years from the date of commission for F2 and F3, 5 years for F4-6.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Legal Malpractice for Arizona on
Q: If I and two others are arrested and I ask for a disclosure is it not my right to have the entire disclosure

By entire I mean audio and visual from statements given by each person arrested with me that is mentioned in the disclosure.

Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

You're entitled to basic disclosure and anything that may be exculpatory in nature. Including statements made by co-defendants. Your attorney needs to ask for everything.

1 Answer | Asked in Criminal Law and DUI / DWI for Arizona on
Q: I'm required by the court to do a drug screening can I do one I get from walgreens or do I have to go to a lab

If so will ahcccs cover it or how much is it

Matthew Maerowitz
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Matthew Maerowitz
answered on Feb 14, 2022

If by drug screening you are referring to UA ordered by Court/probation/pretrial services to determine whether there are any drugs in your system, typically you will be ordered to a specific provider such as Averhealth. You will have to go to that provider unless you will get permission from the... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Car Accidents for Arizona on
Q: Can the judge deny and refuse to argue a motion to dismiss?

I have two charges that were based on thr black box of the car (Event Data Recorder) extractEd 4 months after the accident. The charges are speed and Reckless Driving.

The officer who charged me had no experience dealing with the EDR, and I had an altercation with him which resulted in me... View More

Matthew Maerowitz
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Matthew Maerowitz
answered on Feb 14, 2022

The judge is correct the time to argue facts are trial. I understand this is not the answer you were hoping to hear, in criminal cases there is not a Motion for Summary Judgment where you are permitted to get a ruling of guilty or not guilty based on undisputed facts prior to trial. You can... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Can I face criminal prosecution for writing fantasy role-play emails to someone I met on a sexual dating service?

I encountered Janet through alt.com an online dating service that specializes in Dominant/submissive relationships.

When we were about to meet in person, suddenly she had to go to Nigeria for a big inheritance.

While waiting for processing, we exchanged explicit emails -- mostly... View More

Richard W. Noel
Richard W. Noel
answered on Feb 15, 2022

Let's think this through.... A woman you've never actually met was arrested in Nigeria for something you had nothing to do with. But you've been told by her "lawyer" that you need to pay $4500? That's called a shake down. And you're being taken for a ride as a... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Is it legal for a judge presiding over a grand jury to assign the case to himself if the case is moving forward?

Also is it normal for a grand jury to deliberate for only 4 minutes?

Richard W. Noel
Richard W. Noel
answered on Feb 9, 2022

What you're describing sounds odd. And to answer your other question, it's not abnormal. Grand juries aren't given a lot of information to make a probable cause finding. Therefore, they don't take long to deliberate that a crime was probably committed and that the defendant probably did it.

1 Answer | Asked in Libel & Slander and Criminal Law for Arizona on
Q: Mistaken identity wrongfully charged with a crime

Nobody bothered to further investigate the surveillance footage to verify whether or not it was even me no investigating officer met me in person to compare me to the footage and now a year later I'm going to jury trial for a crime I didn't commit that I've already been charged with.

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Feb 9, 2022

If you are going to jury trial it sounds like you already have an attorney and this is something you want to discuss with your attorney. If you have not hired an attorney it is strongly advised you consult an attorney immediately. The prosecutor is required to prove beyond a reasonable doubt that... View More

1 Answer | Asked in Civil Rights and Criminal Law for Arizona on
Q: Arrested on possession charges I was asleep in my vehicle and I woke up to police in my car searching my purse 4th am?

After ten minutes of searching they say they found heroin next to my shifter and come and ask me if it was heroin. They told me they had probable cause to search. How can this be if they found drugs ten minutes after there search. Just because I was sleeping. Does that mean they can enter my... View More

Richard W. Noel
Richard W. Noel
answered on Feb 9, 2022

I don't entirely understand your question. If there was something that "through training and experience" an officer believed something to be heroin in plain view, they have probable cause for a search. Was there body cam? Dash cam? I suggest speaking with your attorney who can review... View More

1 Answer | Asked in Criminal Law and Identity Theft for Arizona on
Q: How can I find a pro bono lawyer?

I wasn’t sure which box to check for burglary, but I am reaching out for a long time family-friend of mine who is already incarcerated. I believe he was working with a court appointed attorney here in Pima county but she does not keep in contact. He has not heard from her for quite some time, to... View More

Richard W. Noel
Richard W. Noel
answered on Feb 9, 2022

Pro Bono attorneys are public defenders. That's what he has. They aren't private attorneys. As a former deputy public defender I can confidently say they have a huge caseload of hundreds of other cases. They don't have time to "check in" regularly. They're not there to... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: If your arrested and charged with aggravated assault with serious injury, reckless handling/discharge of a weapon, diso

Disorderly conduct-fighting and endangerment then get a plea offer charging u with aggr. Assault and assault how did they come up with the assault charge that prev wasnt a charge?

Mike Branum
Mike Branum
answered on Feb 7, 2022

The prosecutor has the ability to amend the Information to include new charges. Possibly a second victim or second incident? The defendant's defense attorney should be able to explain the charges.

1 Answer | Asked in Civil Rights, Constitutional Law, Sexual Harassment and Criminal Law for Arizona on
Q: I would like to know if which lawyer is recommended in sexual misconduct cases of detention officer abusing his post.

Occured last December at the Yuma county jail. It happened to my boyfriend and several other inmates within the same pod. The detention officer was masturbating and finished at the inmates door while they tried to sleep.

Mike Branum
Mike Branum
answered on Feb 7, 2022

You would need to report this behavior to the Yuma County Sheriff. If you get no response there, you would next turn to the Arizona Office of the Attorney General.

While it is possible the inmates could sue in civil court, without an investigation and findings from a law enforcement agency,...
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3 Answers | Asked in Criminal Law for Arizona on
Q: If contacted by a detective about a stament I mabe do I need to talk to them
Brian C. Soto
Brian C. Soto
answered on Feb 2, 2022

No, you’re not required to speak to detectives or any law enforcement for that matter. You have the right to remain silent and the right to have an attorney present during questioning. You must however expressly invoke these rights. Meaning you must tell the detective that you wish to remain... View More

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1 Answer | Asked in Criminal Law for Arizona on
Q: In felony murder cases does everyone involved get charged or can the prosecutor decide who he will charge?
Richard W. Noel
Richard W. Noel
answered on Feb 3, 2022

The prosecutor always has the last say in who will be charged with what, and that's generally based on the available evidence when the case is presented to them. However, in the case of felony murder, if you're in AZ, I would suspect that anyone present and "involved" in the... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: If a citizen isn't obeying traffic laws and pulls a gun and i feel threatened can i sue?

Civillian did not obey the driving laws and pulled over multiple times. He impeded traffic for about 5 minutes and did not use turn signals. The final time he pulled over and pulled a gun on me when i did not exit my vehicle and I felt threatened. I have footage of the incident.

Mike Branum
Mike Branum
answered on Jan 31, 2022

You can absolutely sue. Your most likely claim would be intentional infliction of emotional distress. You have a really, really low potential for recovery, however. This is not a case I would personally take on a contingency fee basis (meaning you do not pay your attorney to take the case, the... View More

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