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Arizona Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Arizona on
Q: My daughter went to my brothers where I was living. Broke into my room and stole everything

She got mad cause I came into some money I got tired of her asking for money so I went and stayed at a hotel. While I was there she broke into my room and stole everything. I want to press charges. Now shes threatening me

Mike Branum
Mike Branum answered on Jul 6, 2020

You need to contact the law enforcement agency in whose jurisdiction your brother's home is located to file a report for burglary, theft, and threatening communications. You may also have to seek a protective order through the Pima County courts. Very tough situation. I wish you the best.

1 Answer | Asked in Criminal Law for Arizona on
Q: How can I find a pro bono attorney for criminal case.
Mike Branum
Mike Branum answered on Jun 15, 2020

A lot of prayer. In all seriousness, if your income qualifies you for a public defender, then the Court will assign one. If you do not qualify for a public defender, you are likely going to need a Go Fund Me account or a wealthy relative (or you are going to have to implement austerity measures in... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: Daughter arrested last night

No Bond

judge at 4pm

Chrgs

MIL AFFAIR/EMERG SER

DISORD CNDCT-REF

how much trouble is she in??

T638018

Michelle Villanueva Skura
Michelle Villanueva Skura answered on Jun 1, 2020

From your description the charges are likely:

001) Count of MIL AFFAIR/EMERG SERVICE VIOL

(001) Count of Disorderly Conduct- Refuse to Disperse

Without knowing the specifics of your daughter’s case and taking into consideration the Governor's recent curfew/declaration...
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1 Answer | Asked in Criminal Law and Real Estate Law for Arizona on
Q: Is it blackmail at mediation setting to be threatened with a lawsuit if I don't agree to vacate my judge's ruling?

I am supposed to be awarded attorney fees in my case that is still pending, but at a mediation setting on another matter, I was threatened with "they will sue you for breach if you do not vacate your judges ruling?"

Jay Hall
Jay Hall answered on May 27, 2020

The exact context of your question isn't clear, but no it doesn't sound like it's blackmail.

1 Answer | Asked in Criminal Law and Family Law for Arizona on
Q: Hypothetical situation given in the details.

A girl experienced sexual abuse by her father as a baby. The mother of the baby found out but could not report or leave the father because she lacked evidence. With a long history of psychiatric issues the mother was afraid that her child would be taken from her and end up living with the father.... Read more »

Mike Branum
Mike Branum answered on May 26, 2020

Mandatory reporting requirements are meant to ensure the safety of the child or vulnerable adult who could be abused or neglected. According to the facts you have provided, the child no longer exists (because they are now an adult). Without a potential victim, I would argue the duty to report does... Read more »

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Arizona on
Q: My ex girl of 14 years took my kids and moved from arizona to cali with only a week notice is it kidnapping

She charged me with domestic violence but I took it to court and won cause I wad the one beat up in the pictures and she didn't have marks and we have no court orders in place and im on my daughters birth certificate

Jay Hall
Jay Hall answered on May 25, 2020

No, this isn't kidnapping. Without enforceable orders in place, there really aren't many limitations on a parent's ability to travel with children. You should consult with a family law attorney to evaluate your options. The best course of action may be to file a petition to establish... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Is it illegal for a prosecutor to be harsher in sentencing because he is angry a person previously beat a case at trial?

2 years ago my husband was arrested with 3 ounces of meth and a weapon.He took the case to trial and all charges were dismissed due to the arresting officer faulty testimony. Last October he was pulled over again and this time he was arrested for marijuana possession.He was put on standard... Read more »

Stewart Salwin
Stewart Salwin answered on May 24, 2020

Assuming that somebody is convicted of a crime, it is up to the judge to impose the sentence. Depending on the defendant's criminal history, there will be a sentencing range that the judge must follow. Within that sentencing range, the defense attorney and the prosecutor can both try to... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I am applying for the restoration of rights but I am not sure how the court defines Dangerous Offenders under A.R.S. §§

I have two cases, the first case is in 1999 with two felonies and the second case in 2000 with three felonies.

I am trying to found out if any of the crimes (felonies) and the sentencing time frames fall under the A.R.S. §§ 13-704 and/or §§ 13-706 Dangerous Offenders?

1st case... Read more »

Stewart Salwin
Stewart Salwin answered on May 19, 2020

Arizona has different sentencing schemes for different crime classifications. One type of crime is called a "dangerous" offense. A dangerous offense is defined by Arizona Statute 13-705 as, "an offense involving the discharge, use or threatening exhibition of a deadly weapon or... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: What is the definition of a Highway in citation # 28-955B

We were pulled over for unlawful muffler cutout or by pass and the citation says it is only a violation of traveling on a highway. The street we were pulled over on was Ajo way and Dodge Blvd defiantly not a highway

Mike Branum
Mike Branum answered on May 13, 2020

"Highway" means the entire width between the boundary lines of every way publicly maintained by the federal government, the department, a city, a town or a county if any part of the way is generally open to the use of the public for purposes of conventional two-wheel drive vehicular travel.

1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for Arizona on
Q: Can a justice court judge deny the return of discovery items (DVD) from a defendant to view in his chambers?

During the hearing, I asked to show the DVD which would prove my innocence. The judge asked for my DVD after the DA said there was nothing worth watching on the DVD. The judge stated he would review the DVD in chambers and return it to me. I have since filed appropriate papers requesting the return... Read more »

Stewart Salwin
Stewart Salwin answered on May 3, 2020

A lawyer would have to look into the specific facts of this situation to see what is going on. In general, if you give evidence to the court it may have become part of the record, which could explain why the court still has the DVD.

1 Answer | Asked in Banking and Criminal Law for Arizona on
Q: Can I be sued for Criminal Intent to Defraud a U.S. bank over credit card debt from 2010?

A collections agency is calling and threatening legal litigation

Stewart Salwin
Stewart Salwin answered on May 3, 2020

There is a state and federal statute of limitations for criminal offenses. The general Arizona statute of limitations for felonies is 7 years. The general statute of limitations for federal crimes is five years. These time limits can vary depending on the exact crime at issue. Beyond this... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Arizona on
Q: What happens if the purse that a meth shard was found inside of isn't in evidence for trial?

The police said they found a meth shard inside of my sister's purse. There isn't no purse in evidence or on her property list when she was booked in what Happens if the see so called purse isn't present at trial?

Stewart Salwin
Stewart Salwin answered on May 3, 2020

The officer can still testify as to his observations. He is subject to cross-examination by the defense counsel. If there is a legitimate question as to whether the purse ever existed, that's something that could be argued at trial if a defense counsel, after reviewing the evidence in the... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Internet Law and Sexual Harassment for Arizona on
Q: Pretended to being a criminal online

If someone pretended to be a criminal online and someone reported them, what could happen? This guy is an idiot and was using an app called "Whisper" and told people he was a rapist but never actually raped anyone, he was just getting off.. If he was reported, how much trouble could he... Read more »

Stewart Salwin
Stewart Salwin answered on Apr 23, 2020

As to the first part of your question: A general criminal law principle known as the corpus delicti rule provides that a confession, standing alone, isn’t enough for a conviction. The rule is designed to prevent wrongful convictions, and originates from the phenomenon of false confessions.... Read more »

2 Answers | Asked in Criminal Law, Federal Crimes, Juvenile Law and Sexual Harassment for Arizona on
Q: A teenager molested a child for three years straight 6 years ago, Is there hope to get justice for that now? Arizona.

The Child was 8 and the Teen was 13 when it began. The last time it happened was when the child was 11 and the Teen was 16. It happened 6yrs ago so the child is 17 now and the teen should be 22. The dude has a young daughter now and we’re so scared he might do something to her. We don’t know if... Read more »

Zachary Divelbiss
Zachary Divelbiss answered on Apr 16, 2020

If you are reporting a crime, you need to contact your local law enforcement agency.

Arizona felonies have a statute of limitations of seven years. However, certain crimes, such as this, may fall into a certain category where there is no statute of limitations. I will not go into further...
Read more »

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2 Answers | Asked in Criminal Law for Arizona on
Q: What does mean Docket code 187 code ME Ruling in Arizona Supreme Court
Zachary Divelbiss
Zachary Divelbiss answered on Apr 16, 2020

You need to contact your specific court about this question. I presume it is simply a classification that your court uses to organize their cases. Each court organizes their cases differently and uses a different numbering system.

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2 Answers | Asked in Criminal Law for Arizona on
Q: What does mean if in the Supreme Court appear 187 ME PCR Rulings

This is an answer of no colorable claims Due Date for Pro Per Petition in Arizona

Zachary Divelbiss
Zachary Divelbiss answered on Apr 16, 2020

You need to contact your specific court about this question. I presume it is simply a classification that your court uses to organize their cases. Each court organizes their cases differently and uses a different numbering system.

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2 Answers | Asked in Consumer Law, Criminal Law and Federal Crimes for Arizona on
Q: Can I get my office manager arrested for fraud if he was authorized user on the card.
Zachary Divelbiss
Zachary Divelbiss answered on Apr 16, 2020

If you are reporting a crime, you need to contact your local law enforcement agency.

To quickly answer your question, ANYONE can commit fraud. I expect you have more details about what exactly it is that your manager is doing but just because someone is authorized to use a credit card,...
Read more »

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2 Answers | Asked in Criminal Law for Arizona on
Q: What kind of a criminal case has a file number like this in Arizona? S-1100-IS-201800032
Zachary Divelbiss
Zachary Divelbiss answered on Apr 16, 2020

A case number that begins with "IS" typically involves insurance. In a criminal case it would be insurance fraud. Other case abbreviations are "TR" (Traffic), "CR" (Criminal), "PF" (Prefile), etc. However, each court is allowed to use their own abbreviation... Read more »

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2 Answers | Asked in Criminal Law for Arizona on
Q: Violation of parole

My daughters father was just released from prison and put on parole. However, a week after he got out he obtained another dangerous drug charge. How much Time is he facing in prison? Also, he has previous drug charges so this new charge is “aggravated “. Much help would be appreciated.

Stewart Salwin
Stewart Salwin answered on Apr 9, 2020

If a defendant is facing charges for simple possession of dangerous drugs, then that is a class 4 felony under ARS 13-3407 (the statute that prohibits possession of dangerous drugs). Because the crime was committed in violation of parole, he would be looking at a sentencing enhancement under ARS... Read more »

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2 Answers | Asked in Criminal Law for Arizona on
Q: Is it normal for there to be different charges that are not listed when you were told certain charges you will c judge 4

Every time u turn around my fiance charges change court papers say "DANGEROUS DRUG" POSS & SELLS, my arrest online charge went from SYNTHETIC DRUG MANUFACTURER OR SELL and the open access updated website says TRANSPORTATION DANGEROUS DRUG FOR SELL..

Also on police reports... Read more »

Stewart Salwin
Stewart Salwin answered on Apr 4, 2020

When the police write their report (the "departmental report" or DR) for a felony case, they submit the paperwork to the prosecutor and they will suggest certain charges be filed. This is known as a "long form" submittal. Once the prosecutor receives the long form submittal,... Read more »

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