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Arizona Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Landlord - Tenant for Arizona on
Q: my wife was assaulted by a tenant who refused to pay rent. the assailant threw vinegar in my wife's eyes.

emt's worked on my wife's eyes for half an hour and wanted to take her to the hospital. the cops wanted to arrest my wife and the assailant. its a tactic to not have to do any work. the racist hispanic cop took my id to run it (why?) he came back with a hostile attitude. I'm a felon,... View More

James L. Arrasmith
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answered on Dec 5, 2023

In your situation, where your wife was assaulted by a tenant and the responding law enforcement officers' actions were questionable, there are several steps you can take. First, it's important to document everything: the assault, the treatment your wife received from the EMTs, the... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: If I have been wrongfully arrested and going to have to do more jail time for something I haven't done canI get out this

My name is Brittany

Well back in 2021 my now ex sister in law went down to Mesa Superior Court and filed an order and protection on me and she put her 2 kids but she also put my son( 14 at the time) on the order of protection as well..

She went down to the court and gave false... View More

James L. Arrasmith
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answered on Nov 24, 2023

Brittany, it sounds like you're facing a challenging and complex legal situation. If you have been wrongfully arrested and are facing jail time for something you didn't do, it's crucial to take immediate legal action.

The first step should be to consult with a criminal...
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1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Arizona on
Q: IT IS ORDERED that the Defendant shall contact and meet with his attorney in person no later than three weeks from date.

3 days from IPTC still the incarc. defen. Has been unsuccessful reaching his attorney to discuss the case what should the defendant do?

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law for Arizona on
Q: Bad or good sign?

My court appointed criminal defense attorney withdrew from council on my case is that good or bad?

Brad Rideout
Brad Rideout
answered on Nov 1, 2023

It likely means they had a conflict, so they withdrew from your case. Usually, this is not good or bad. Your attorney must withdraw if they discover a conflict (something like they represented one of the witnesses, co-defendants, or victims in the past)

Usually, you can find out the reason...
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1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Arizona on
Q: What should I do if I cant seem to get my attorney to contact me so that I can find out what's going on with my case.

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?

Brad Rideout
Brad Rideout
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

1 Answer | Asked in Criminal Law for Arizona on
Q: I was a passenger in vehicle and was told they had probable cause to se a rch the vehicle and my purse for inventory

They only searched my bag and found meth I side and nothing else was searched and the vehicle was not towed nor impounded I was read right put I. Cuffs and was released was told. I'd have to appear in court in 3 months what should I do I have a fingerprint card I don't waNt to loose... View More

Brad Rideout
Brad Rideout
answered on Nov 1, 2023

There may be a search issue there with the search of your purse, if they searched the purse for inventory reasons but didn't ultimately take you into custody.

As for your fingerprints, unfortunately, all courts require you to get fingerprinted prior to your arraignment, even if the...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Are your rights automatically restored on a first felony conviction

State of Arizona charge was hindering the prosecution and I successfully completed probation

Brad Rideout
Brad Rideout
answered on Oct 30, 2023

Yes, your civil rights are automatically restored after your first felony, basically, that means your right to vote and your right to hold public office.

NOTE: you do not automatically get your gun rights back, you can request your gun rights back 2 years after the completion of your...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Can my partners probation officer make me take a drug test if we don’t live together and I’m not on probation?
Brad Rideout
Brad Rideout
answered on Oct 27, 2023

No the probation department has no court orders about your conduct. So you can refuse with no consequences to you.

However, there may be consequences for your partner. For instance, if they don't want your partner around you and they will only agree to allow your partner around you if...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Arizona on
Q: I was pulled over in a commercial truck and marijuana was found in the vehicle. It wasn't mine, it was another employees

Me and my boss are telling them it wasn't mine but they still want to charge me. What do I do!!

T. Augustus Claus
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answered on Oct 19, 2023

In Arizona, being found with marijuana in a commercial vehicle is a serious offense that could lead to criminal charges and affect your commercial driver's license. If you and your boss are asserting that the marijuana wasn't yours, gathering evidence to support your claim will be... View More

1 Answer | Asked in Constitutional Law, Federal Crimes and Criminal Law for Arizona on
Q: Can a prison guard call someone a snitch?

Can a prison guard call someone a snitch?

James L. Arrasmith
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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

2 Answers | Asked in Criminal Law, Family Law, Real Estate Law and Child Custody for Arizona on
Q: I found a bag that has remnants of what could be crystal meth in my bathroom trash, its my kid's dad. What can I do?

We live in AZ. He lies a lot. We have a mortgage together. What can I do legally to find out and if it is, get him out of home and away from kids?

Stephen M Vincent
Stephen M Vincent
answered on Oct 2, 2023

You probably need to get it tested. Then once you find out it is meth, you need to ask him to submit to a drug test. If it's positive, you could use that as a reason to get temporary emergency custody (i.e., legal decision-making and parenting time) over the children.

If you're...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: When a search warrant has ( the four corners rule ) On the search warrant what is the reason for this

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law for Arizona on
Q: Can you get probation for aggravated assault with a deadly weapon in Arizona?
T. Augustus Claus
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answered on Sep 6, 2023

In Arizona, whether or not you can get probation for aggravated assault with a deadly weapon depends on various factors, including the specific circumstances of the case, your criminal history, and the discretion of the judge. Aggravated assault with a deadly weapon is a serious offense, and... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Is it lawful to manufacture evidence?

The District Attorneys opposition to my writ of error Coram nobis was adopted and used verbatim in stead for the findings of facts conclusion of law and order with all of its egregious misinformation and caused my writ to be denied , is this lawful?

John Michael Frick
John Michael Frick
answered on Sep 3, 2023

No it is not lawful to manufacture evidence.

It is common for a court to use large portions of a party’s well-written and reasoned opposition in its decision denying the relief requested. There is nothing inherently wrong or suspect about that.

If you want a second opinion on the...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Can they charge me with 2 charges if I only got into a house?

CHARGE CLASS CHARGE DATE CIT # PLEA DISPOSITION DISP DATE

D 1 1 2 30-16-4(A) & 31-18-1 Aggravated Burglary (Deadly Weapon) F2 08/31/2018 Conviction - Plea 03/04/2019

D 1 2 2 30-16-3(A) & 31-18-1 Residential Burglary F3 08/31/2018 Conviction - Plea... View More

T. Augustus Claus
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answered on Aug 11, 2023

In Arizona, if you unlawfully enter a house without permission, you can potentially be charged with multiple offenses depending on the circumstances. For example, you might be charged with criminal trespass for entering someone's property without authorization. Additionally, if you intended to... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: How to defend possession of drug paraphernalia found in vehicle that neither party claimed. Is not defendants P.O. testi

Police officer said will speak to judge for defendant

Josephine Pesaresi Hallam
Josephine Pesaresi Hallam
answered on Aug 7, 2023

The answer the possession charges are fact specific. So: who owned the car? Where was everyone sitting in the car in relation to the drugs? What is everyone’s criminal history? Were the drugs found in anyone’s bag or under anyone’s chair? Were the frustum plain sight?

Is there a...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Why do charges get dropped?

I was raped and physically assaulted by someone I know. He was arrested and being charged with multiple felonies, but the charges were dropped. I haven’t gotten an explanation as to why. Who makes the decision? What are some common reasons why charges, especially felonies, would be dropped?

T. Augustus Claus
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answered on Jul 6, 2023

I'm really sorry to hear about your traumatic experience.

The decision to drop charges is typically made by the prosecutor's office handling the case. Common reasons for charges being dropped can include insufficient evidence, witness credibility issues, concerns about a fair...
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1 Answer | Asked in Criminal Law for Arizona on
Q: I just found out that I have a misdemeanor bench warrant in another state from 2009. Process for getting that quashed?

I just found out that I have a misdemeanor bench warrant in Idaho for failure to appear. I have a new job that ran my background and found it. I need to resolve this, ASAP so I can start my job. In 2009, I had a misdemeanor DUI ( first offense ). I did community service and paid a small fine.... View More

Dwane Cates
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answered on May 26, 2023

Your best bet is to hire a lawyer in the same area as the court. Sometimes they can file a motion to get the warrant Quashed and get you some time to complete the classes. Sometimes the judge makes you appear. If there is a bond on the warrant you can pay the bond and ask to have a telephonic... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Can I get another attorney from same law firm if first attorney has not doing what we've asked?

The court appointed attorney but he never returned calls or emails so we hired a law firm for my son and the attorney they appointed to him has not filed for a bond reduction that we had asked him to do 4 months ago. He just says he dont think they will lower bond. We are from out of state. My son... View More

Dwane Cates
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answered on May 25, 2023

The lawyer works for you. If you are not happy with your lawyer you need to communicate that to them and give them a chance to make things right. If nothing changes, You can ask the managing partner of the firm to give you a new lawyer. If they will not or you are not satisfied with their... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: Can A minor being charged with a crime be interviewed without a parent or attorney present..

Also can the News Media have rights to broadcast a minor identity as well as false information

James L. Arrasmith
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answered on Apr 6, 2023

In the United States, a minor who is being charged with a crime generally has the right to have a parent or attorney present during questioning. This is to ensure that the minor's rights are protected and that they are not coerced into making statements that could incriminate them.... View More

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