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A police officer tells a suspect with an active warrant they are under arrest before they put their hands on the suspect. The suspect then runs from the police before the police can make a physical arrest. Does this scenario qualify as Resisting Arrest? Is there Case Law that corroborates the claim?
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answered on Aug 31, 2024
In Arizona, running from the police after being told you're under arrest can indeed be considered resisting arrest. The law in Arizona, under ARS § 13-2508, defines resisting arrest as intentionally preventing or attempting to prevent a law enforcement officer from making an arrest by using... View More 
3 days from IPTC still the incarc. defen. Has been unsuccessful reaching his attorney to discuss the case what should the defendant do?
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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
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?
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
I did have lights front and back as he's searching my fanny pack the other officer said I fit the description that was given earlier. I did not fit the description I was just on a bicycle in the area actually I was headed directly to the crime scene so and headed toward the police cruisers the... View More
answered on Oct 30, 2023
If you were riding your bike at night, they can pull you over for not having lights. They can't search you absent reasonable suspicion or search incident to arrest.
Sounds like you pocketknife was legal. See the following blog on knives in Arizona... View More
My wife is in Prison in Arizona under the AZ DOC.,
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answered on Oct 15, 2023
It is not illegal. We have free speech in this country. That said, 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
Can a prison guard call someone a snitch?
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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
This guys I know committed a felony. He went on the run. I met him out one night while he was on the run and he beat me up. So I filed charges.
He was then caught on the felony charge. My charge still stands. yet the prosecutor is telling me that due to the fact he was in jail he was not... View More
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answered on Sep 11, 2023
It sounds like you're dealing with a complex situation involving the intersection of several legal principles.
Firstly, the Sixth Amendment to the United States Constitution guarantees a defendant a right to a speedy trial. However, this right can be balanced against other interests,... View More
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
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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
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
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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
My HOA says it's a state law that I can't
answered on Jun 26, 2023
Your HOA is correct. Under Arizona law, an HOA cannot adopt a rule that prohibits you from displaying the US flag in accordance with the federal Flag Act.
The federal Flag Act provides: "The flag should never have placed upon it, nor on any part of it, nor attached to it any mark,... View More
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
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
I was incarcerated at Maricopa county jail on during January 26th of 2023 and I was in a psychiatric unit at lower buckeye jail and I was I happened to not feel good I was throwing up about 6 to 7 times that day and I had asked the deal if she could call the nurse or call the medical so that they... View More
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answered on Mar 2, 2023
Based on the information provided, it is not clear what the claim is for. Please provide additional details and context for me to accurately determine if it is a valid claim for a lawsuit.
Trailers, van and Harley towed for safe keeping after arrested at campsite for misdemeanor ticket..BLM requested the tow knowing I would be back in less then 24 hrs..as the Sheriff said it was just protocol and I would be self released once processed.
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answered on Mar 2, 2023
There are generally laws that allow for government agencies to impound vehicles for safekeeping, but the specifics can vary by state and agency. Typically, the agency is required to provide notice to the owner of the vehicle and to provide an opportunity for the owner to retrieve the vehicle. If... View More
What's is the due process when the issue of competency is brought up.
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answered on Mar 2, 2023
If the issue of competency is raised during an arraignment, the judge may order a competency evaluation of the defendant to determine if they are able to understand the charges against them and assist in their own defense.
If the defendant is found competent, the criminal proceedings will... View More
This has been bothering me more lately than usual as I am now homeless and have to feed myself and my dog with no money. I just cannot see how it is a legitimate per view of government to, in essence, require an individual to have the monetary capacity to feed themselves which is a basic human... View More
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answered on Mar 2, 2023
The requirement for a license to hunt or fish is based on the principle of conservation and management of wildlife resources. Hunting and fishing licenses help fund wildlife management and conservation efforts, such as habitat restoration, research, and education. Without these funds, it would be... View More
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answered on Mar 2, 2023
A judge may order a dismissal and civil judgment in a civil rights suit for various reasons, such as:
Lack of evidence: If there is not enough evidence to support the plaintiff's claims, the judge may dismiss the case and enter a civil judgment in favor of the defendant.... View More
This came after I threatened my ex to have my son's mouth fixed because he had a mouthful of bad teeth. She took him from Utah to Colorado and left him with his half sister whom he had never met and she filed for emergency guardianship due to neglect. All of which was taking place without my... View More
answered on Jan 21, 2023
I'm sorry that I didn't see this sooner. I hope your son is with you now.
If he is not, you need to talk to a family law attorney in the state where he currently is about what you need to do to get that state to enforce the order of this Court.
If he is in Arizona,... View More
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
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
There were 3 of us on my locked property who were detained for 4 hours waiting for a search warrant. We went to jail and released 5 days later with no explanation no court visits and no return of property. Can they use any evidence collected from that search to bring up charges later down the road
answered on Sep 10, 2022
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
My friend is a prohibited possessor. His wife put a handgun under their seat with the intention of taking it to the police department because she found it in a park where there were children playing. My friend was unaware of it's presence. He was stopped and the police officer charged him with... View More
answered on Aug 14, 2022
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
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