Arizona Criminal Law Questions & Answers

Q: When Does the defendant see the evidence that proscution has against them before the plea deal or after.

1 Answer | Asked in Criminal Law for Arizona on
Answered on Jan 15, 2019
Zachary Divelbiss' answer
You will see and be able to review the evidence both before and after you receive a plea offer.

ASK for your evidence and you will receive it!

WHEN you receive it is a better question...

With a misdemeanor case, most of your evidence will be available before you receive a plea offer. There may be some outstanding evidence that you will not have such as body camera footage, DNA, blood tests and other various evidence. You will likely have all police reports, witness...

Q: Both my husband and son are in county jail, just got arrested 2 weeks ago , not same cases , I need a pro bono lawyer .

1 Answer | Asked in Criminal Law for Arizona on
Answered on Jan 4, 2019
Brian Chase's answer
If they are in jail, public defenders will be (or have already been) appointed to represent them. Public defenders will represent them free of charge. So, you do not need to find a pro-bono lawyer, as they likely already have them.

They are certainly free to hire their own lawyers, but it is difficult to find lawyers (other than public defenders/court-appointed lawyers) that can afford to take a case free of charge.

Q: I have 2 felonies on my record,1 in 1990 and 1 in 1992. How would I go about getting my rights back?

1 Answer | Asked in Criminal Law for Arizona on
Answered on Jan 2, 2019
Zachary Divelbiss' answer
Awesome to hear you are interested in getting your right back! Many people complete their cases and move on in their lives without getting their rights back.

At this website you will find the application and directions for the "restoration of rights" packet. You should be able to follow the directions and get everything completed. Be sure to accurately complete the entire application or else it will be denied. You can also hire a lawyer, such as our firm, to complete the application...

Q: nics wants to know if my conviction 44 years ago of larceny was a misdeameanor or felony.

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Answered on Dec 21, 2018
Zachary Divelbiss' answer
Hello, I understand your frustration as we have encountered similar issues. Our best recommendation is to go in-person to the County Records Office. If your case 44 years ago was in Maricopa county then you have a few different locations you can go to. This is your best bet to find what you are looking for. If they don't have records then good luck for anyone else finding something.

Q: My husband was charged for theft mean of transportation but the car was borrowed from a friend

1 Answer | Asked in Criminal Law for Arizona on
Answered on Dec 19, 2018
Zachary Divelbiss' answer
Your husband may have a good case. Please feel free to contact us directly and we can speak in confidentiality about his case and how we can help. 480-935-6545 or Zach@Divellaw.com

Q: Hi I am sending you a link to the inmates record. Seems he should be released. Thank you

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Arizona on
Answered on Dec 10, 2018
Zachary Divelbiss' answer
Hello, this link you have attached is the generic link without any individual case information. I do not believe the site will allow you to copy and paste it with the inmates information. Feel free to send us an email with the information. Zach@Divellaw.com

Q: How can I get my husband free from jail if his case isn't right

1 Answer | Asked in Criminal Law for Arizona on
Answered on Nov 16, 2018
Zachary Divelbiss' answer
You should begin to look for an attorney that handles post conviction relief and appeals. They will be your best help for your husband. The public defender's office has an appeals department if you are unable to afford a private attorney.

Q: When charged with possession of marijuana and paraphernalia, being the first offense, what happens to the violator?

1 Answer | Asked in Criminal Law for Arizona on
Answered on Nov 5, 2018
Zachary Divelbiss' answer
There are many different possible outcomes and the outcome will vary depending on all the circumstances of the particular case. Something important to think about is that in Arizona these charges can still be felonies, which means more jail time, fines and fees. The best possible outcome for these charges is to have them dismissed, or in the alternative, complete drug and alcohol monitoring through TASC to reduce the charge. It's best to think about hiring a lawyer for these charges or else you...

Q: If I don't like a decision from a lower court, where do I go next?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Arizona on
Answered on Nov 1, 2018
Randi Sirlin's answer
You can appeal to the superior court. IF you need assistance, I recommend contacting an experienced attorney.

Q: My boyfriend is facing theft for a motorcycle and burglary of tools . They want to give him 7 years.. he has been prison

1 Answer | Asked in Criminal Law for Arizona on
Answered on Oct 29, 2018
Zachary Divelbiss' answer
This is a serious offense and he is facing serious time in prison. I recommend contacting a lawyer to get a consultation as soon as possible. You can contact us for a confidential consultation at Zach@Divellaw.com or 480-935-6545.

Q: I WAS CHARGED WITH UNLAWFUL FLIGHT FROM LAW ENF VEH IN 11/2014. THERE IS A WARRANT. HOW DO i CLEAR THIS?

1 Answer | Asked in Criminal Law for Arizona on
Answered on Oct 22, 2018
Zachary Divelbiss' answer
There are two ways to deal with this. The first option is to go to court yourself and convince the judge to quash the warrant. Depending on the judge, they may take you immediately into custody and force you to pay the bond to be released. The second option is to hire a lawyer. A lawyer will be able to file the motion to quash without you having to go to court. Everything is still up to the judge. If you have more specific questions, please don't hesitate to contact us at Zach@Divellaw.com or...

Q: my husband is a prior felon and we picked up charge of dangerous drug and possesion of paraphinaila class 4 and class

1 Answer | Asked in Criminal Law for Arizona on
Answered on Oct 6, 2018
Zachary Divelbiss' answer
It is always in your best interest to fight the charge and try to get a better deal. With the type of charge your husband is facing and the fact that he has prior felonies, it might be difficult to negotiate because the prosecutor will want, at least, some jail time. Asking for that much probation time without prison is not likely but it at least shows a willingness to get help and not pick up new charges. It is possible the public defender you have is being overworked and not fulling getting...

Q: Can i post bail for my boyfriend if he is illigal and was detained due to mariguana and meth?

1 Answer | Asked in Criminal Law, Immigration Law and Civil Rights for Arizona on
Answered on Sep 27, 2018
Amber Hardy's answer
Is the case in CA or AZ. If it is in CA I can help with the criminal and immigration. If it is in AZ I can only help with the immigration. As for posting bail he may have an ICE hold or get one when you post and would then be held for immigration to pick up so bail is tricky. Please feel free to contact me so I can get more information and help. 323-577-5002.

Q: Can I send character letters directly to the judge instead of through the court appointed lawyer?

1 Answer | Asked in Criminal Law and DUI / DWI for Arizona on
Answered on Sep 21, 2018
Josephine Pesaresi Hallam's answer
First, I am sorry your attorney has not given you confidence. It is hard enough to face criminal charges, but not having an attorney who you feel is in your corner is unbearable.

Second, you should always give anything you need the Court to see to your attorney first. It is not advisable to submit anything directly to the Judge without your attorney reviewing it first.

It is important that your attorney see it to be sure all the contents are acceptable and also so your...

Q: Is this a criminal or probate matter?

2 Answers | Asked in Criminal Law and Estate Planning for Arizona on
Answered on Sep 20, 2018
Gary Kollin's answer
Talk to the estate lawyer

Q: Can someone return your car then leave with it again without your consent and not being it back.

1 Answer | Asked in Car Accidents, Criminal Law and Civil Rights for Arizona on
Answered on Sep 19, 2018
Josephine Pesaresi Hallam's answer
Yes. There are two types of charges in this area.

One is called the means of transportation. And then a lesser felony is called unlawful use of means of transportation.

A theft of means involves someone permanently trying to deprive you of your property (vehicle). And on a lawful use charge means that somebody took the car beyond with your permission allowed.

Call your local police department, they will send an officer out and you can file a police report. The case...

Q: If I am having issues with my probation officer where she is abusing her power, where can I get help? Who can help me?

1 Answer | Asked in Criminal Law for Arizona on
Answered on Sep 19, 2018
Josephine Pesaresi Hallam's answer
Call the probation department and ask to speak to her supervisor. Prepare specific dates with any actions she’s made that you have issues with. Hopefully the supervisor can speak to her and then reassign into different probation officer.

Best of luck. Josephine Hallam

Q: My 17 year old was carjacked by knife point in Phoenix Arizona, what will happen next?

1 Answer | Asked in Criminal Law for Arizona on
Answered on Sep 19, 2018
Josephine Pesaresi Hallam's answer
Your son is a victim and is protected under the victim bill of rights of Arizona. This means that the prosecutor will contact him if an arrest is made, with all court dates, regarding any type of plea or if the case is going to trial.

He will be assigned a victims advocate through the prosecutors office. You should be receiving a letter in the mail with the information about it.

If the person who carjacked him has not been arrested yet, they’re probably still in the...

Q: If a parolee absconded from Colorado to Arizona for family emergency, warrant is issued parolee is pulled over

1 Answer | Asked in Criminal Law for Arizona on
Answered on Sep 19, 2018
Josephine Pesaresi Hallam's answer
If I followed your question correctly, you’re wanting to know the possible punishments for class six felony in Arizona. A class six felony is the lowest level felony, but if your friend has priors it would be a higher punishment.

And if the phone he was committed while on parole release, it would increase the punishment significantly.

Many of the attorneys here on justia, offer free initial consultations, he should contact one to get a rundown of what his exposure is...

Q: My ex-boyfriend has a prior misdemeanor assault on his record & i filed another assault case on him. What could he face

1 Answer | Asked in Criminal Law for Arizona on
Answered on Sep 19, 2018
Josephine Pesaresi Hallam's answer
I am assuming you are referring to second misdemeanor assault. The punishment for a class one misdemeanor is up to six months in jail, fines, fees, and probably domestic violence counseling.

If there was any sort of fracture or serious bodily injury or a weapon was used, it can be charged as a felony which makes the consequences much harsher.

The prosecutors office is her victim advocates, and you can reach out to them to help guide you through the process as a victim, and...

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