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Arizona Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Arizona on
Q: What motion do I file to dismiss charges?

1 attorney told me to file a motion to dismiss without prejudice is this correct? I have DUI from 2012 for marijuana do to the new law in Az allowing medicinal marijuana. I would like to have the charges dismissed at the time I had a medical marijuana card from another state I don't know if... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Mar 1, 2021

Based on your question, I cannot tell whether you have a pending charge or a conviction for DUI from 2012. If it is a pending charge, then there is likely an active warrant for your arrest and you will need to get the warrant quashed and handle the DUI case before the driver license hold will be... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law and Municipal Law for Arizona on
Q: When encountering a no trespassing sign does the act of trespass begin after passing the sign or before

if you are homeless and sitting on a curb in front of a fenced property where a sign is posted are you in violation of trespassing by just being near a sign or do you have to cross onto that property/pass the posted sign. Extendedly, if you are homeless and you are sitting on a curb/sidewalk... Read more »

Mike Branum
Mike Branum answered on Feb 23, 2021

Theoretically the trespass would occur when a person or objects breaks the plane over the imaginary property line. If the sign is directly over this line, then a person or object would have to extend onto the property past the sign before the actual trespass could be said to have occurred. If there... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I was recently charged with a felony assault. Can I file charges on my"victim" for assault and trespass?

I am a woman and this came into my home and hit first. He was not invited in, cI've never met this man before. I didt talk to the police when they arressted me. The incident was almost 2 weeks ago, I still haven't been given an attorney so I have nobody to andwer these questions for me.

Priscilla Frisby
Priscilla Frisby answered on Feb 19, 2021

The only entity that can file criminal charges against any person is a Federal, State, City or Town prosecutor. If the police spoke to all parties involved and did not refer the case to the prosecutor for charges against the alleged "victim" in your case, then it will be really hard to... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Can my plea deal be reversed if I violate the terms of my supervised probation?

I plead guilty to a plea agreement that dropped my indecent exposure (F6) charge to a disorderly conduct (M1) charge and dismissed two other indecent exposure charges (M1).

I plan on completing my probation I was sentenced to without issue however if I were to mess up and violate and have... Read more »

Mike Branum
Mike Branum answered on Feb 12, 2021

If you violate probation, you would be required to complete the underlying sentence suspended suspended when you were placed on probation. Your plea deal will not be undone.

1 Answer | Asked in Criminal Law and Elder Law for Arizona on
Q: Is it more believable that you remember vaguely winning a prize two years ago and not remembering if you filled out tax

Papers or is it more believable that you don't remember any of it

Matthew Maerowitz
Matthew Maerowitz answered on Feb 8, 2021

This is not a legal question. Unfortunately, an attorney won't be able to help with this question as this does not involve any issue requiring legal knowledge.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Federal Crimes for Arizona on
Q: What if cops took my cell phones & illegally erased videos (evidence) from my phones WITHOUT A warrant
Mike Branum
Mike Branum answered on Feb 1, 2021

Illegal? Absolutely. Can you prove it? Maybe. It would require a previous backup to show what was there and a forensic examination of your phone to determine what was removed and when. You would need to be able to show that when the file was erased the phone was in police control.

The...
Read more »

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Arizona on
Q: Can an attorney demand that a defendant have a phone conversation

Is it pertinent that the defendant is actively looking for legal representation?

Rich J. Peters
Rich J. Peters answered on Feb 1, 2021

In Family Court, it can be important to show that you have reasonably responded to communication requests from the opposing party's attorney. If you are very close to hiring an attorney, then the opposing attorney should of course await that attorney's contact. However, if it goes days... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If someone is impeding your movement IE standing in a doorway and will not move after being asked, is it a violation of

IE standing in a doorway and will not move after being asked to move is it a violation of any Arizona state laws to attempt to push them aside? Also after attempting to push them aside is it a violation of the law for them to assault you and place you in a chokehold.

Mike Branum
Mike Branum answered on Jan 15, 2021

While you could potentially be guilty of assault criminally, you could potentially argue you had no choice but to touch the alleged victim in order to facilitate your escape from the situation (provided, of course, it was your only means of egress). Assaulting you and placing you in a chokehold... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: Stolen title, insurance fraud, and fraudulent title transfer

My ex stole my title, unsigned but yes with the bill of sale I was given showing proof of payment for said vehicle, it was MY title. my roommate signed said title and now is the owner of my vehicle. He doesn't have keys nor does he have the vehicle itself. I do. I need help. PLEASE

Mike Branum
Mike Branum answered on Jan 12, 2021

I would hope if you are posting here that you have already contacted law enforcement and they were of no assistance. If not, you should contact the law enforcement agency for the jurisdiction and file a criminal complaint.

If law enforcement involvement does not resolve your issue, you will...
Read more »

2 Answers | Asked in Criminal Law for Arizona on
Q: Under what ground are you not assigned a lawyer in pinal County

I was long formed for shoplifting given a court date I went in and told the judge not guilty they assigned me another telephonic court date in which the County attorney presented information to me and gave me options one would include a plea and I don't understand any of it and I asked if a... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Dec 28, 2020

You always have the right to an attorney meaning at any point you can consult or hire a lawyer. You are only entitled to have the court appoint an attorney for you if you are indigent and the punishment may involve the loss of liberty. In some courts, the judge will appoint an attorney any time... Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: How to make sure my last wishes (to have sexual relations with my husband or others) (notarized in will) legal?
Mike Branum
Mike Branum answered on Dec 28, 2020

Your question does not make sense. If you have a legitimate question, I would suggest you attempt to express it in such a way that the attorneys on Justia are able to provide you with a response. Have a great 2021!

1 Answer | Asked in Criminal Law for Arizona on
Q: Can u travel from AZ to Tn with a 10 yr old warrant
Matthew Maerowitz
Matthew Maerowitz answered on Dec 23, 2020

A warrant is still a warrant no matter how old it is and you can be arrested at any point until you resolve the warrant. Does this mean you will definitely be arrested the second you step foot in Tennessee? No, but you are at risk whenever you have any contact whatsoever with law enforcement. If... Read more »

3 Answers | Asked in Criminal Law for Arizona on
Q: How do I go about getting a court appointed lawyer after receiving a citation?
Matthew Maerowitz
Matthew Maerowitz answered on Dec 21, 2020

You can ask for a court appointed lawyer at your court date listed on the Traffic Ticket and Complaint. You will then be asked to provide the court with your financial information so the court can determine whether you are indigent. Many courts will not appoint a public defender unless the State... Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: CAn you oppose a motion for extension of time to file answering brief

The State of AZ filed an unopposed motion for extension of time to file answering brief and I want to know if I can contest it.

Matthew Maerowitz
Matthew Maerowitz answered on Dec 20, 2020

A Motion for Extension of time can be contested; however, if it is "unopposed" that means the State of Arizona already sought the other side's position and did not object or did not timely object. Typically, a judge will grant an extension even if opposed unless there is good reason... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If I get a copy of my criminal record and then share it with a potential employer, is that an offense of any kind?
Mike Branum
Mike Branum answered on Dec 16, 2020

Sharing a copy of your own criminal record is not an offense of any kind.

1 Answer | Asked in Criminal Law for Arizona on
Q: I would like to know if the following situation is considered a conflict of interest in Arizona.

One of the detectives on a murder case is the blood related first cousin of one of the suspects or persons of interest. They have conversations regarding said case, some on the record some off. Is this a conflict of interest because of the family relation? Thank you in advance!

Mike Branum
Mike Branum answered on Dec 14, 2020

"Conflict of interest" in the legal sense is different from the common way the phrase is used. I presume what you really want to ask is "can I get the detective in trouble / thrown off the case because I think their cousin killed my friend?" The short answer is probably not. The... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Arizona on
Q: How can I dismissed a misdemeanor over half an .Oz of marijuana in Arizona?

Possession of marijuana in Arizona

California resident (Legal in CA)

Criminal charged

First offense

No doctor letter

Officer told me its a misdemeanor

Court: Parker Magistrate (Dec. 2)

Matthew Maerowitz
Matthew Maerowitz answered on Dec 11, 2020

In light of Arizona Prop 207 legalizing possession of up to 1 ounce of marijuana for individuals over 21, the prosecutor should agree to dismiss. Do NOT plead guilty to possession of marijuana. You should privately consult an attorney who can help discuss further.

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Arizona on
Q: A couple of months ago my niece told my daughters she was being abused by her Dad.

A week ago she attempted suicide and no one told the people caring for her about this. Im not sure what I can do I feel like if I call CPS or even the police my family may lie. This maybe her only chance to get help and I feel like they will try to discredit me.

Mike Branum
Mike Branum answered on Dec 11, 2020

If something happens to her and you did not report it, you will have to live with that. If you believe your daughters are being truthful and if you believe they will share what your niece told them with investigators, then I feel you have a duty to report the situation and let the chips fall where... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Can the state still place a restitution registration lein on a vehicle if it already has a lein holder on it.

If the vehicle has a lein holder but registered to the person that owes the restitution can they stop them from being able to register the vehicle.

Mike Branum
Mike Branum answered on Dec 10, 2020

A criminal restitution order can absolutely be used to place a registration lien on a defendant which will prohibit the registration of a vehicle until the restitution is paid.

Q: Fired for restraining an out of control fellow worker I was assaulted by at work in front of management. Days after.

Management deleted hours work prior to terminations.

Kyle Anderson
Kyle Anderson answered on Nov 25, 2020

More facts are needed to analyze your situation. Arizona is an at will employment state, meaning you can be terminated for any reason or no reason at all. The only protection you can usually get from a legal standpoint is if the termination is based on your race, religion, sex, etc.

If...
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