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Arizona Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Arizona on
Q: how I have a warrant out for my arrest for disorderly conduct and I never went to jaiI nor received any citations
Zalman  Sapad
Zalman Sapad
answered on Nov 27, 2024

For a misdemeanor disorderly conduct charge, the State has several avenues to bring charges against you. One is through personal service via a citation and a release from arrest. The other is through detention, arrest, and a probable cause finding in front of a judge in jail. The 3rd avenue, in... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Arizona on
Q: If i am 17 yrs old and my bf is 20 yrs old and my mom calls the cops on him will he get in trouble.

We have been dating since i was 16 and he was 19

Zalman  Sapad
Zalman Sapad
answered on Oct 30, 2024

If you both are sexually active, yes, your boyfriend could be arrested charged with statutory rape under Arizona law because it seems like he is 24 months older than you.

Unfortunately, there is no defense available for him because your boyfriend more than 24 months older than you.

1 Answer | Asked in Criminal Law for Arizona on
Q: I got a trespass charge from Walmart, but I received permission from the manager that I could return. Can it be dropped?

Walmart falsely accused me accused of stealing and wanted me off the property. I went to court and gotten the shoplifting charge dismissed and received permission to come back. But this one employee must didn’t get the memo and called the police. But as stated before I received permission to... View More

Zalman  Sapad
Zalman Sapad
answered on Oct 30, 2024

It is a defense to trespassing charges that you had permission to be on the premises--if you have proof in the form of texts or a letter that should be sufficient to get the charges dropped.

For the future, you have to go through Walmart corporate process to get written confirmation from...
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2 Answers | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Arizona on
Q: My son (20 years old) was arrested for slapping his roommate after they got into it about his friend using a racial slur

He was arrested on the spot and told he could not return to his apartment that is on the ASU campus. I just want to know his rights and if he should get a public defender.

Zalman  Sapad
Zalman Sapad
answered on Oct 30, 2024

While I do not have a copy of your son's lease agreement or the trespass notice in front of me, these documents can be controlling as to whether or not he still has access to his apartment.

Primarily he needs to get in touch with the management to find out if they will enforce the...
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1 Answer | Asked in Criminal Law for Arizona on
Q: I was on an adult only website and came across a minor. What do I do?

I skipped but am unsure if I should do anything else. There’s not a report button either. Do I need to verify people are over 18 on this site?

Jerald Schreck
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Jerald Schreck
answered on Oct 17, 2024

This is a fairly common situation people run into in the internet age. Sometimes it is an actual minor on an adult web site, other times is a fraudster attempting to extort money from site visitors and frequently it is a police officer posing as a minor working on an undercover task force. As a... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Can I hire a private attorney for a plea agreement that is simply like "everyone else's"?
Zalman  Sapad
Zalman Sapad
answered on Jul 27, 2024

Everyone has a right to an attorney--if they want to pay for it.

If you can't pay for it, you usually just go with whichever contract attorney or public defender is assigned to your case.

Many folks choose to hire a private counsel for a 2nd opinion on a plea offer. Another...
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1 Answer | Asked in Criminal Law for Arizona on
Q: I got arrested for third degree trespassing and the officer wrote the wrong year for the date of the offense can dismiss
Zalman  Sapad
Zalman Sapad
answered on Jul 27, 2024

If the case goes to trial and the prosecutor does not realize that the citation or charging document contains the incorrect year -- that is a dismissal at trial.

A skilled defense attorney can find a way to use this. It is common for the prosecutor to realize the "technical...
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1 Answer | Asked in Domestic Violence and Criminal Law for Arizona on
Q: what if the “victim” Later admits that he consented After Other party is charged

Class 5 felony unlawful distribution of images

Zalman  Sapad
Zalman Sapad
answered on Jul 27, 2024

A.R.S. 13-1425 does not have necessarily require a lack of consent in order for someone to be found guilty of unlawful distribution of images.

The main question is if the "victim" had a reasonable expectation of privacy for that image. As a defense you could introduce evidence...
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1 Answer | Asked in Criminal Law for Arizona on
Q: How do I get heard in my case? There are important mitigating circumstances but my attorney isn't hearing me. Human smug

He hasn't given me his plea version. The plea packet from the Prosecutor was literally lies they wanted me to plead guilty to

John Michael Frick
John Michael Frick
answered on Jul 15, 2024

You can reject the plea deal and ask that your case be set for trial or you can reject the plea deal and ask for an open plea. An open plea is where you are not accepting the plea deal offered by the prosecution but want the judge to consider specific facts and circumstances in assessing your... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Arizona on
Q: Our company had a vehicle stolen from our property. The people were arrested and that property was recovered by police

Are crane unit that was on our record truck? Let's put on another truck about the people arrested. The tow company does not want to allow us to take the crane off And charges a three thousand dollar impound fee. The property was stolen. It was recovered during a raid, and the people are... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand you're dealing with a complex situation involving stolen property, recovery, and impound fees. Let me break down the key points and offer some suggestions:

1. Property status:

- Your company's vehicle was stolen.

- The vehicle had a crane unit...
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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Arizona on
Q: Would I be able to press charges against someone who placed a hidden device in the privacy of my bedroom?

I do know the person who did it and am willing to press charges against this said individual should the opportunity arise. But I was curious, what form of state punishment would this person receive if they were to be brought up on "voyeurism charges", and if I wanted to sue this person... View More

James L. Arrasmith
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answered on May 1, 2024

If someone placed a hidden device in your bedroom, you could potentially press charges for voyeurism, a serious invasion of privacy. Voyeurism laws vary by state, but generally, it's considered a criminal offense when someone knowingly invades another person's privacy for sexual... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Arizona on
Q: Can you be arrested for Aggravated DUI when your weren't even driving, in front of your house ,with no keys in your poss

Police report says I was observed consuming alcohol and was not even driving or in possession of keys and no ethyl alcohol in my system can the police lie like that on the police report and a year later initially file charges for Aggravated DUI?

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information you've provided, it seems unusual that you would be charged with Aggravated DUI a year after the incident if you were not driving, did not have keys in your possession, and had no ethyl alcohol in your system at the time. However, laws can vary by jurisdiction, and... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: I was the subject of a police investigation involving illicit substances years ago-More info below-is it safe to travel?

How was the subject of a police investigation involving illicit substances four or five years ago in the state of Arizona- my renter was a heroin dealer who got arrested, and they naturally launched an inquiry into me. I was never a drug dealer, but I also was no stranger to shady dealings with... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you've provided, it seems that you were not arrested or charged with any crimes related to the police investigation. If there are no outstanding warrants for your arrest, you should be able to travel without facing legal issues.

However, it's essential to...
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1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: Im a college sophmore

My ex had recently broken up with me, and I had decided with a friend to drive me to his dorm and egg his room. It was supposed to be like a little April Fools Prank that he was unaware of and to make me feel better about the break up but it went too far. So I broke in by 2 college students letting... View More

James L. Arrasmith
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answered on Apr 4, 2024

I understand that you are going through a difficult time after your breakup, but it's important to recognize that your actions were not just a harmless prank. Breaking into someone's room and causing damage to their property is a serious offense that can lead to criminal charges.... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: A search warrant was served on my house. I asked the officers why my home and they said it was surveiled

They didn't find any stolen goods and left me to fix my door and sue them for the money. I want to find out if the search was legal

James L. Arrasmith
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answered on Mar 24, 2024

The legality of the search conducted at your home depends on several factors. If the officers had a valid search warrant, it typically means that a judge found probable cause based on evidence presented by law enforcement. The specifics of the warrant, such as the address, date, and items sought,... View More

1 Answer | Asked in Criminal Law, Family Law and Child Support for Arizona on
Q: At a fugitive of justice hearing in Maricopa county and there's a status conference when I'm out on bond. What to expect

Hello maricopa county, I got arrested for a warrant out of Michigan for child support and I got bonded out now I have to go to a status conference. What should I expect at the status conference? Will they put me back in jail.

James L. Arrasmith
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answered on Feb 25, 2024

Here are a few key things you can expect at a status conference for a fugitive of justice case in Maricopa County:

- The judge will check in on the progress of getting you extradited back to Michigan to face the child support warrant. The prosecutor will update if Michigan has begun that...
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1 Answer | Asked in Criminal Law, Constitutional Law and Native American Law for Arizona on
Q: I'm charged with poss of dang drug and it was obtained illegally by the officers

Ok I was arrested two years ago but was released cuz of my job so I didn't go to jail but the officer was surveillancing a home but I went to check on my son at that residence I was there for close to 15 l

Min but officer has no video of me doing anything illegal he stated I was there... View More

James L. Arrasmith
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answered on Feb 24, 2024

In Arizona, the legality of a police stop and search is grounded in whether the officer had probable cause to believe a crime was being committed. Simply being present at a location under surveillance does not automatically provide probable cause. However, the specific circumstances surrounding... View More

1 Answer | Asked in Criminal Law, Immigration Law, Domestic Violence and International Law for Arizona on
Q: Will I be extradited from Mexico to the USA for a dv assault charge? I’m a Mexican citizen and have a green card
James L. Arrasmith
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answered on Feb 24, 2024

Extradition between Mexico and the United States is governed by treaties and international law, which allow for the transfer of individuals facing criminal charges or convictions from one country to the other under certain conditions. Whether you will be extradited for a domestic violence assault... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Met someone on Tinder who claimed to be 18. Police say they're a minor. Can I be charged if I didnt know their real age?

I was on Tinder and the person I met said they were 18. I had police contact saying that the person was a minor. If I did not know will I still get charged with a crime?

Michelle Villanueva Skura
Michelle Villanueva Skura
answered on Feb 23, 2024

We are sorry that you find yourself in this situation. Unfortunately this situation is more common than most people think. First, lets address the biggest problem that our clients in this situation face: A minor cannot consent under ARS 13-1405. In Arizona the age of consent is 18yrs old this means... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Can my son hire another attorney just for his plea bargain in Phoenix Arizona

We hired a attorney for our son in Arizona to help fight in a complex criminal case. Our son was 19 and just graduated high school, worked since 15, played sports since 2nd grade, never been in any kind of trouble with school or the law in our town. The attorney we hired has not been good for him... View More

Zachary Divelbiss
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answered on Feb 22, 2024

This is a common issue that happens and I hate to say it but if your son already accepted the plea deal then there is nothing that can be done. A lawyer would have to basically prove that something legally was significantly wrong with the plea to undo accepting the plea.

If, however, you...
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