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Arizona Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Arizona on
Q: Should they have continued searching my car?

Allegedly, an undercover officer pulled me over after running my info and seeing that I supposedly had a suspended license. So, he told me that the car would have to be towed and asked if there was anything in the car. Allegedly, I admitted to drug paraphernalia being in there. As they searched,... Read more »

Zachary Divelbiss
Zachary Divelbiss answered on Jan 23, 2020

This is a situation where you will definitely want to talk to me about the specifics of your case, or your friend’s case. Usually there is enough reason to search the case based on you admitting to there being drugs/paraphernalia in the car but this can get much more complex than a simple yes or... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: In Arizona criminal proceedings does the defendant have a right to a lawyer during an evidentiary hearing?
Zachary Divelbiss
Zachary Divelbiss answered on Jan 23, 2020

Yes a criminal defendant has a right to a lawyer at all stages of their case, including an evidentiary hearing. There are very few reason where you wouldn’t have a lawyer and I would be more than happy to discuss it with you. Feel free to reach out for a free consultation 602-900-6642.

1 Answer | Asked in Criminal Law for Arizona on
Q: What is the sentencing for false information to law enforcement in Arizona? I have no record
Zachary Divelbiss
Zachary Divelbiss answered on Jan 23, 2020

There are a few different charges that could involve providing false information so it would be best to contact me directly for a free consultation 602-900-6642. If it’s a misdemeanor then there’s going to be less of a punishment than a felony. However, everyone’s case is a little different... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: i got pulled over and the reason for pulling me overx the sheriff said "he pulled me over because i was trespassing"

is trespassing a moving violation? it seemed like if they were watching me or the area, cause there were 3 sheriffs involved in the stop.

Zachary Divelbiss
Zachary Divelbiss answered on Jan 23, 2020

I agree that this is a very weak reason to be pulled over and isn’t the typically traffic violation that allows a the police to conduct a traffic stop. However, someone can still tresspass while in a vehicle so I would need to know more about what actually happened. Feel free to reach out for a... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If someone signs extradition papers does the state who issued the warrant have to wait until he finished his sentence
Zachary Divelbiss
Zachary Divelbiss answered on Jan 23, 2020

Good questions. Legally the answer is pretty vague as the extradition allows the removal to another state. Typically, if someone is already in custody they will finish their sentence and then be extradited to the new state to face the other charges. If you have more questions or are worried about... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I have been charged with a criminal misdemenor. I plead guilty and now will attend a pre-trial conference. I am canadian

My fear is that I won't be able to cross the border if convicted of a criminal charge. I was riding my Off road vehicle in the desert - there was a wash out on the trail so I took a well used trail around it. But as I took the trail I observed someone waving to me. I approached them. It was a Fish... Read more »

Mike Branum
Mike Branum answered on Jan 16, 2020

It is highly unlikely that a nonviolent misdemeanor conviction would have any effect on your admissibility into the US. 8 USC 1182 lists the factors which may make a non-citizen inadmissible to the US. The two sections which most closely relate to your question are (2)(A)(i)(I) crime involving... Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Juvenile Law for Arizona on
Q: I have a dcs case in arizona and it's super complicated...

I gave birth at home. It was planned, my second all natural birth. She came at 37 weeks just like my previous daughter. She was pink she cried she nursed she pooped. We went to sleep when I awoke she was not breathing. Called 911. Was told at hospital she had died. Then I was held in the room where... Read more »

Mike Branum
Mike Branum answered on Jan 14, 2020

First, I cannot imagine what you are going through. I wish you the strength to weather this storm, the patience to deal with the government bureaucracies, and the resiliency of spirit to bounce back from this ordeal when you reach the other side.

Unfortunately, unless you can afford an...
Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Do I have the right to get a public defender appointed to me on a first degree drug paraphernalia charge in state of AZ

I have no income and the Court would not give me a appointed attorney unless I pleaded guilty. but am pleading not guilty and now have a bench trial with no public defender for a first degree misdemeanor possession of drug paraphernalia/use in the pinal justice court my question is that am I being... Read more »

Mike Branum
Mike Branum answered on Dec 26, 2019

If the Court is not going to give you jail time, they are not required to appoint counsel. Representation is only guaranteed where the defendant faces a "loss of liberty."

1 Answer | Asked in Criminal Law for Arizona on
Q: on a non emergency call to police I said if you don't get some one out here I'll have to go over there (neighbors) and
K. Bryan Goodman
K. Bryan Goodman answered on Dec 17, 2019

I believe the end of your question was cut off. Please repost.

1 Answer | Asked in Criminal Law for Arizona on
Q: I was stopped, got charged with narcotic sales and, they Took ma car in as evidence, When do I get it back? In Arizona
Mike Branum
Mike Branum answered on Dec 13, 2019

Maybe never. If you plead guilty to or are convicted of trafficking and the vehicle was used in the process; the state could take the vehicle under asset forfeiture. You might have to buy it back at auction. Regardless, you should arrange for another means of transportation to make your court... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: How much in Arizona can my brother get for a class 3 theft of means of transportation first-time offender
Zachary Divelbiss
Zachary Divelbiss answered on Dec 11, 2019

A Class 3 Felony maximum for a first time offender is 8.75 years. The lowest amount could be probation. Obviously, your brother could fall anywhere in-between that and he would want to talk to a lawyer to make sure he gets the lowest amount. Feel free to contact me at zach@divellaw.com or... Read more »

1 Answer | Asked in Business Law and Criminal Law for Arizona on
Q: I have a business that I loaned money to for startup and they stopped payments after the 2nd payment.

I have already gone thru the courts and filed a judgement and still nothing. There has to be a way to enforce payment or jail for such actions owes me $250k. The state can jail you for non payment why don't I have the same ability?

K. Bryan Goodman
K. Bryan Goodman answered on Dec 3, 2019

There are law firms that specialize in collection of judgments. You can contact them to see if there are any avenues you can pursue to collect the judgment. If you believe the business was engaged in fraud, you can contact the Arizona Attorney General's Office to file a complaint and see if... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: The judge appointed me an attorney for a misdemeanor misconduct. How long until the attorney contacts me?
K. Bryan Goodman
K. Bryan Goodman answered on Dec 3, 2019

Your attorney should contact you within a week of being appointed. If you do not have the contact information for the attorney, you can call the court to get their contact info.

1 Answer | Asked in Criminal Law for Arizona on
Q: So a friend of min was arrested for 13-3407A1 & 4-251A2. He was released. It was vacated and can be refiled. Meaning?

Confused what it all means. Because no there is no court date? Wondering why?

K. Bryan Goodman
K. Bryan Goodman answered on Dec 3, 2019

For whatever reason the Prosecutor's office decided not to move forward with the case at this time. It could be for a bunch of different reasons such as not having the officer available, a paperwork error, a Grand Jury Indictment is expected, etc. Unfortunately, it is difficult to know and find out... Read more »

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 »

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