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Arizona Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Arizona on
Q: What will happen next when there was a motion filed- MOTION TO EXTEND TIME TO CHALLENGE THE GRAND JURY PROCEEDINGS?

We have been fighting the case aggv assault on an officer since Oct. 11. I was there and there was no assault or resist during the arrest of my husband. They dismissed the case due to grand jury indictment that means they decided closed doors. One non-guilty arraignment happened and next will be... Read more »

K. Bryan Goodman
K. Bryan Goodman answered on Nov 15, 2019

No. The request to extend time was filed by your husband's attorney after the grand jury issued an indictment. There is a hard time limit to challenge the grand jury indictment, so the attorney is making sure they have enough time to challenge the indictment. The second filing is just a... Read more »

2 Answers | Asked in Criminal Law for Arizona on
Q: If you are a witness to a criminal case and you are a detective, is that right waived for you. Is that double jeopardy

The Prosecutor is allowing the lead detective in a criminal case to sit in and listen to everything including the selection of the jurors and everything else involved in the trial

Gary Kollin
Gary Kollin answered on Nov 12, 2019

That is legsl. It happens in every

Federal criminal case

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2 Answers | Asked in Criminal Law for Arizona on
Q: Double jeopardy question - simple assault and disorderly conduct, Arizona

Hello was charged with disorderly conduct and (later) assault arising out of a traffic collision in Arizona. At first, I was charged with the disorderly then about a week later, the simple assault charge was added to the same case against me. As both or these charges arose out of the same conflict... Read more »

Mike Branum
Mike Branum answered on Nov 8, 2019

Jeopardy does not "attach" until a case has been adjudicated. In plain English: until you plead guilty or are found guilty or not guilty in a court of law, you may be subject to additional prosecution. These are also different charges, so, unless the statute of limitations has run (the prosecutor... Read more »

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1 Answer | Asked in Criminal Law for Arizona on
Q: my son is incarcerated he just charged with pris possession/make contraband what are the consequences for that
K. Bryan Goodman
K. Bryan Goodman answered on Nov 6, 2019

That will depend on what the contraband was and how many prior felony convictions he has. If he was caught with a deadly weapon, dangerous instrument or explosive it is a class 2 felony and all other items (such as a cell phone) would be a class 5 felony. Since he is in prison he has at least one... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I would like to withdraw a plea of guilty before sentencing to unemployment fraud.

If I plea guilty to a felony it may result in an automatic retake from my sending state. I am currently being supervised by the state of AZ.

Mike Branum
Mike Branum answered on Nov 2, 2019

My answer to your previous question stands. Failure to diligently research potential consequences is not likely to be a convincing argument before the Court. You really should be discussing this with your attorney / public defender who knows all of the specific details of your case. If you attempt... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Do you know of any unemployment fraud cases that were dropped from a felony to misdemeanor with a prior felony

Originally agreed to a plea but would now like to withdraw guilty plea before sentencing

Mike Branum
Mike Branum answered on Nov 2, 2019

It is exceedingly difficult to withdraw a plea. I would highly discourage you from doing so without being advised by a competent criminal defense attorney that in your specific case that is wise. If you are already a felon and you felt like you could live with the terms of the agreement at the time... Read more »

2 Answers | Asked in Criminal Law for Arizona on
Q: What type of lawyer do i need?

Im payee on my moms social security and i used her benefits for myself. Social security was notified ans wants to talk to me. Im scared to talk alone. What should I do?

Mike Branum
Mike Branum answered on Nov 2, 2019

I would suggest a criminal defense attorney. If you have committed Social Security fraud (which it sounds like you may have), you may be facing criminal charges in federal court.

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1 Answer | Asked in Social Security and Criminal Law for Arizona on
Q: I am the payee for my moms social security. I used money to stay off streets when homeless. SS found out.

Social security left mesg. Wanting to talk to me cause they are investigating this. The want me to call. Im scared.

K. Bryan Goodman
K. Bryan Goodman answered on Nov 1, 2019

The most important piece of advice in this situation is not to speak with the investigators without an attorney present. Do not think you can simply explain the situation or talk your way out of it. That will not happen. Best of luck!

1 Answer | Asked in Criminal Law for Arizona on
Q: Impaired to the Slightest Degree (ONLY) Charge - Plea

Is it common for a person charged with only an Impaired to the Slightest Degree charge (BAL

K. Bryan Goodman
K. Bryan Goodman answered on Nov 1, 2019

Cases where someone is charged with only slightest degree (under .08) but they police still believe you are impaired happen frequently. The police may have only submitted charges until they are able to test the blood they collected. However, it is impossible to give you an actual answer without... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: How do I file a complaint for malicious prosecution?

My husband was arrested last 0ct. 11 for attempted arson. The cop said he saw him spray lighter fluid on the window of the house we are staying at. I was there during the arrest and he never resisted nor assaulted an officer. They charged him with attempted arson that day with 20,000 bail. days... Read more »

Gary Kollin
Gary Kollin answered on Oct 26, 2019

Your husband is the one who has to file

1 Answer | Asked in Criminal Law for Arizona on
Q: I am looking to request an early release from probation

I was given a 5 year probation for a dui related incident. I have completed 2 years October 1, which includes all treatment classes, fine/fees and ua drops which i had 2x a week. I am looking to get a second job and to have an opportunity of a promotion at work but I will not be considered as... Read more »

K. Bryan Goodman
K. Bryan Goodman answered on Oct 25, 2019

You are typically eligible for early termination from probation when you complete 50% of the probation term. At this point you have a few options: you can contact your PO and explain your situation and see if they would be willing to submit a request for early termination; if they are not willing... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Is there any way to check for any type of warrants on my person in the state of Arizona that is free?
K. Bryan Goodman
K. Bryan Goodman answered on Oct 25, 2019

You can try using the website below but not all courts provide information to that site. If you think you may have a warrant out of a specific court, you can see if they have an online case search or you can call them. Best of luck!... Read more »

3 Answers | Asked in Criminal Law for Arizona on
Q: I've been charged with a few things by word of mouth and lies, a family member and cops are involved what do I do?

My sister and I got pulled over, she was driving and I was the passenger of the vehicle. They conducted a search and found a large quantity of meth some paraph. marijuana, scale baggies etc. They searched me and found a quarter gram on my person . They ask who the drugs belonged to I said I don't... Read more »

Gary Kollin
Gary Kollin answered on Oct 19, 2019

You can stop making statements in a public forum and stop talking to all others except a lawyer.

YOu need to retain an attorney

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1 Answer | Asked in Criminal Law for Arizona on
Q: How long is normal to wait for information regarding your case from an attorney hired for prefile representation in AZ?

It has been 17 days since I hired an attorney to represent my adult son who is on the Autism Spectrum; in a pre file case regarding false allegations of sexual misconduct toward a child that were filed against him in a police report. We have provided documentation regarding my son's medical... Read more »

Mike Branum
Mike Branum answered on Oct 16, 2019

A lot depends on the status of the case and whether there are any deadlines. Many, if not most, attorneys have a large number of active cases and must prioritize. If charges have not been filed yet, the attorney cannot even request discovery from the prosecutor. Until your attorney knows what... Read more »

3 Answers | Asked in Legal Malpractice, Criminal Law and Constitutional Law for Arizona on
Q: Is there a perceived or actual conflict of interest resulting from a former prosecutor turned legal defender?

Recently a case was assigned to a public defender (former prosecutor) to defend a man whos father had been prosecuted successfully by the same attorney many years prior. The son's case is not of the same charges as his father's prior case, however, the attorney remains in the same jurisdiction,... Read more »

Gary Kollin
Gary Kollin answered on Oct 11, 2019

This is a wonderful academic question.

If your son feels the attorney is in conflict, then he should voice it to the judge.

If no action is taken, then he can send a request to the judge.

If an attorney here said there is nothing wrong, would you just drop the subject?

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2 Answers | Asked in Criminal Law for Arizona on
Q: He has 1 felony conviction and just got charged with 3 new felony charges how much time is he looking at

He is currently on probation for the first felony

Gary Kollin
Gary Kollin answered on Oct 10, 2019

I give uo. What charges? What probation?

He should ask his kawyer

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1 Answer | Asked in Criminal Law for Arizona on
Q: My fiancé is incarcerated in flagstaff Arizona he was realeased and rearrested for a different charge the new charge

Bringing drugs in a facility for sale but the charges are bull when he kept the previous court date they didn’t have any file that charge was a pen shaft with drug residue they searched without permission are probable cause

Gary Kollin
Gary Kollin answered on Oct 10, 2019

Thank you for sharing. There is no question

1 Answer | Asked in Criminal Law for Arizona on
Q: A search warrant was served on my residence after a tenant of mine sold Fentanyl to an undercover.

The warrant covered a useable amount of Fentanyl,items used to smoke or ingest fentanyl,and items to weigh or package fentanyl,and U.S currency. The police seized a pipe used to smoke methamphetamine and charged me with paraphernalia and the meth that was in the pipe. Is it legal? Considering it... Read more »

K. Bryan Goodman
K. Bryan Goodman answered on Oct 7, 2019

Thanks for the question. You and your tenant are in a sticky situation. Challenging a warrant is a difficult process and is very fact driven. You need the assistance of an experienced criminal defense lawyer. Most lawyers on Justia, including myself, offer free initial consultations. Set one... Read more »

1 Answer | Asked in Land Use & Zoning, Criminal Law, Civil Rights and Landlord - Tenant for Arizona on
Q: Ok so if i live at house on provate propertyand there are broke down or (parts vehicles) out of city limits

I ha e some old vehiclea on my property and i was served a notice to remove them.even if its fenced in and on private property.can they do that

Gary Kollin
Gary Kollin answered on Sep 26, 2019

Well, can they? They did.

Was it legal?

I haven’t read the reports.

I do not know the locality and therefore I can not know which law applies.

2 Answers | Asked in Criminal Law for Arizona on
Q: 2018 my wife was charged with Felony Fleeing it has been over 1/1/2 yrs ago now she is charged Help ??

Feb 2018 my wife was arrested for felony fleeing.The police arrested her from our home.The police refused to allow her to make arrangements for our 3 minor children who were left in the home alone overnight leaving her open to child neglect charges on top of felony fleeing. I was deployed in... Read more »

Mike Branum
Mike Branum answered on Sep 26, 2019

It is difficult to determine whether you are indicating that you are in transit or you are supposed to be getting ready to return to the sandbox. If you have not left yet, you need to change your orders. If you are outside CONUS, you need to request emergency leave and COME HOME. Your children... Read more »

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