Lawyers, Answer Questions  & Get Points Log In
Arizona Criminal Law Questions & Answers
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
PREMIUM
Dwane Cates PRO label
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 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... Read more »

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... Read 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... Read 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... Read 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, 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... Read more »

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... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: How do I determine if I have an active arrest warrant or if my case was dismissed?

Public info on my case.

1/29/2018 RNM - Returned Mail D 2

1/10/2018 002 - ME: Hearing Vacated D 2

1/9/2018 IWA Issuance of Warrant D 2

1/8/2018 Initial Appearance P 1

1/8/2018 Initial Appearance D 2

12/6/2017 RTM - Returned Mail or Returned/ReMailed... Read more »

Steven Scharboneau
Steven Scharboneau
answered on Oct 1, 2022

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.

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... Read 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... Read 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... Read 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... Read 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... Read 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
PREMIUM
Thomas M. Fleming
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... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: In 2018 the court set aside my disorderly conduct and my record from the Glendale Municipal Court states “13-907.01” ?

This was originally a 1 night stay in jail, but my legal guardians spoke to the judge to keep me for longer & the judge was forced to make my charges worse. It is a Disorderly Conduct (Domestic Violence) charge, that in 2018 was set aside with my parents in court by a judge.

I just... Read more »

Steven Scharboneau
Steven Scharboneau
answered on Sep 10, 2022

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... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: Can I be detained on property waiting hours for warrant. And when do I get property back after charges were dropped

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

Steven Scharboneau
Steven Scharboneau
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...
Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Do all Arizona criminal cases need to be presented to a grand jury to proceed in court?
Steven Scharboneau
Steven Scharboneau
answered on Sep 5, 2022

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... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Arizona on
Q: Whats it mean on a minute entry/order if it says WARRANT AND BOND ARE CONFIRMED?
Steven Scharboneau
Steven Scharboneau
answered on Aug 28, 2022

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... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I need a probono lawyer for my daughter who is already in prison and was due to be released today .

Now the saying she can not be released due to probation violation and an additional shoplifting charge .

Steven Scharboneau
Steven Scharboneau
answered on Aug 22, 2022

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.

1 Answer | Asked in Criminal Law for Arizona on
Q: I was put in jail for 28 days for probation violation on July 21st for being in another state I go to court on the 17th

Come to find out I was no longer on probation I've been off since April

Steven Scharboneau
Steven Scharboneau
answered on Aug 18, 2022

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... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Arizona on
Q: What constitutes possession of a firearm in Arizona?

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... Read more »

Steven Scharboneau
Steven Scharboneau
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.... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.