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Arizona Criminal Law Questions & Answers
Q: Fired for restraining an out of control fellow worker I was assaulted by at work in front of management. Days after.

Management deleted hours work prior to terminations.

Kyle Anderson
Kyle Anderson answered on Nov 25, 2020

More facts are needed to analyze your situation. Arizona is an at will employment state, meaning you can be terminated for any reason or no reason at all. The only protection you can usually get from a legal standpoint is if the termination is based on your race, religion, sex, etc.

If...
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1 Answer | Asked in Criminal Law and Constitutional Law for Arizona on
Q: I was convicted of misdemeanor possession of offensive weapon in NYS in 1992. Will this prevent me from purchasing a

Firearm in my now residential state of Arizona. The p.o.w. charge was for a knife with knuckle holes laying in the back of my truck. Said knife is not illegal in Arizona so would that fall under state misdemeanor?

Mike Branum
Mike Branum answered on Nov 18, 2020

It sounds like you are referencing a fourth degree weapons charge. That is a class A misdemeanor in New York, punishable by up to 364 days in jail. Since the crime you were convicted of does not carry the potential for incarceration over one year, you should be able to pass a background check. If... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Sexual Harassment for Arizona on
Q: Does sexual abuse include a male making a minor strip naked?
Jerald Schreck
Jerald Schreck answered on Nov 3, 2020

The elements of the crime of Sexual Abuse in Arizona (A.R.S 13-1404), regarding minors, depends on the age of the particular minor. If the minor is fifteen or more years of age, then sexual abuse is committed when the accused, without consent engages in sexual contact with the minor. Sexual contact... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: How do I get a public defender to sit and discuss my felony drug case now I got to make a choice to plea or trial?

My felony dangerous drug case has been going on for 1 1/2 yrs and out of five public defender's who all quit due to "conflict of interest" on their part, has not one of them even asked me about the case or wanted to discuss it so now the other day my public defender texts me telling... Read more »

Jack Litwak
Jack Litwak answered on Oct 22, 2020

You need to contact your attorney in writing, via email, and ask to sit down to discuss everything. Before the meeting you should request copies of your discovery (police reports, and any evidence the state intends to use to support their case at trial). The attorney should then walk you through... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: How can a person be found guilty in trafficking in stolen goods when they didn't know it was stolen?

I found jewelry in trash found at curb. (I find so much on curbs and make money selling it on FB marketplace) Took it to coin shop to see if it was gold. I got $182 for it. Fast forward. I took it to trial and was found guilty by jury. Gods honest truth I did not steal it nor did I know it was... Read more »

Mike Branum
Mike Branum answered on Oct 18, 2020

You can be CHARGED with anything. The State will still have to prove your guilt. If you were in possession of stolen goods, the prosecutor will assume you're guilty. Only the COURT offers you the presumption of innocence, the prosecutor is not so bound.

1 Answer | Asked in Criminal Law for Arizona on
Q: How do you get your public defender changed?
Mike Branum
Mike Branum answered on Oct 13, 2020

Hire a private attorney.

1 Answer | Asked in Criminal Law for Arizona on
Q: My friend is in jail with this charge CR20011581FE. Do you know what that charge is?
Mike Branum
Mike Branum answered on Oct 6, 2020

That is actually the case number, not the charge. I'm not sure though county the case is in, but I am guessing "FE" stands for "felony". If that is correct, then at least one of the charges (there could be more than one) is fairly serious.

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: Whlt are my rights as a property owner after displaying a no trespassing sign if I catch someone on my property damaging

Don't answer the way they want you too answer truthfully

Mike Branum
Mike Branum answered on Sep 30, 2020

Capture video evidence and call 911. After you have contacted 911, you may, if safe to do so, request the parties stop damaging your property and leave. While Arizona law does allow citizens to use physical force in a reasonable manner to stop theft or damage to personal property, it is an... Read more »

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Arizona on
Q: In Arizona a coworker keeps talking about the drugs he does, he has 3 kids is it illegal for me to tape him? For police

He keeps talking about "the big ol rocks" he's gunna buy with his check and I've seen him myself smoke drugs outside work. Also can I use the tape to call department of child services?

Mike Branum
Mike Branum answered on Aug 25, 2020

Arizona is a one-party consent state when it comes to recording conversations between two individuals. If you and another party are having a conversation, it is legal for you to record the conversation. It is NOT legal to record a conversation between two other parties unless one of the parties has... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Can i get out of a plea i signed while in jail? And can i fire my attorney if i feel they are not helping me?
Mike Branum
Mike Branum answered on Aug 24, 2020

Probably not and yes.

To invalidate your plea, you would need to show you were either coerced or incompetent. This is a difficult task, particularly if you fire your attorney.

You do have the right to fire your attorney but if you have a public defender you may end up representing...
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1 Answer | Asked in Criminal Law, Civil Rights, Juvenile Law and Libel & Slander for Arizona on
Q: I want to press charges for perjury but the person I would go to the Attorney General is the defendant's lawyer already

Perjury is a criminal offense. To press charges you would make a police report and go to the Attorney General. However, in the case where the person committed the perjury the lawyer for that person is the Attorney General. So me going to the Attorney General would be a conflict of interest so how... Read more »

Mike Branum
Mike Branum answered on Aug 17, 2020

If I understand you correctly, you are accusing someone in the attorney general's office of perjury or possibly accusing a state employee in their official capacity of perjury. Either way, it is almost certain that the person you are wishing to have charges pressed against for perjury would be... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: hi

can someone record conversations in a bedroom that we had without my consent?

Mike Branum
Mike Branum answered on Aug 17, 2020

Arizona is a one party consent state. As long as the person recording was engaged in the conversation being recorded, there is no violation of the law. If the party placed a recording device and surreptitiously recorded a conversation between two other people, THAT is illegal. Difficult to develop... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Arizona on
Q: If I had a misdemeanor case dismissed, do I need to say that I was still convicted or pled guilty to a misdemeanor.

This is for answering disclosure questions on a employment background check for a becoming a loan originator.

Mike Branum
Mike Branum answered on Aug 14, 2020

If the case was dismissed, you did not plead guilty and you were not convicted. Even if it was a delayed entry of guilt, if you completed the requirements and the Court dismissed the case without entering your plea, then you still did not plead guilty on the record and the Court did not convict... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Received an open container citation telephonic time was set, courts didn't call within that time frame. Any suggestions?

I was sited with an open container while riding an ATV side by side on a forest road, the courts gave me a date and time they would call me but they never called me within that time frame they set.

Is there any recourse for me to take in my defense?

Mike Branum
Mike Branum answered on Aug 6, 2020

You should contact the clerk of court and determine if the hearing was held or continued. They may have set another date. If they did not, you may ask that you be put on the calendar.

1 Answer | Asked in Criminal Law for Arizona on
Q: If someone was GOING TO mail me drugs, but got arrested en route to the post office, what is going to happen to me?

Someone in TX was sending 6 different people packages containing drugs. They were pulled over and arrested on the way to the post office. What do the recipients of those packages need to watch out for? Can they be arrested? Is it likely? The sender was arrested for trafficking.

Mike Branum
Mike Branum answered on Aug 3, 2020

It is unlikely you could be arrested at this point but you could certainly be placed under observation and/or questioned regarding the package which was addressed to you. Absent evidence of communication between the two of you regarding your agreement to receive the package, they do not have much... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: i called police on boyfriend lied to them now boyfriend in custody with charges pending cant afford 7500 need lawyer

how do i fix this this

Josephine Pesaresi Hallam
Josephine Pesaresi Hallam answered on Jul 28, 2020

Call the detective working on the case, or the victims advocate office at the county attorneys office, and tell them that you were not telling the truth.

Give the detective a new statement. And contact your boyfriends attorney. There are victims rights in Arizona, so you will have to waive...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Can a defendant be acquitted based on perjury of inconsistent statement.

In a criminal trial the alledged victim and witness change the original story of what happened adding on aggravating factors along with the prosecutor to get a conviction

Stewart Salwin
Stewart Salwin answered on Jul 21, 2020

A witness who makes an inconsistent statement on the witness stand that goes against prior statements can and should be subject to impeachment by a defense attorney during cross-examination. The defense attorney can then argue that the witness should not be believed because they made inconsistent... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If I violated Probation and am upsconded would now be a good time to turn myself in?

I upsconded about a yr ago and have a felony warrant. No dangerous non repetitive. With the COVID-19 They don't seem to be keeping people in jail. So would this be an idea time to surender?

Stewart Salwin
Stewart Salwin answered on Jul 21, 2020

Now would probably be a better time than any other that I can think of. The court system is trying to keep people out of jail at the moment, and therefore they may be more likely to reinstate you on probation than to revoke it. Of course, that is assuming all other things being equal. More... Read more »

2 Answers | Asked in Criminal Law and Gov & Administrative Law for Arizona on
Q: My husband's public defender for criminal charges filled in for a coworker to defend a co-defendent in my husband's case

She never got approved from my husband to represent his codependent prior or after to 7/13/20.Is this an error by his lawyer that would constitute a dismissal of my husband's case?

Mike Branum
Mike Branum answered on Jul 20, 2020

If your husband and a co-defendant are both being represented by the public defenders office, THAT is a problem. The PD cannot merely assign two separate attorneys to co-defendants. The court must appoint conflict counsel to one of the defendants from outside the PD's office.

Your...
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2 Answers | Asked in Criminal Law for Arizona on
Q: Can I use a bow for hunting since my felony conviction was set aside?

Felony was in arizona, conviction set aside 7 years ago. Waiting 3 more years for firearms rights to be restored. All other civil rights were restored.

Mike Branum
Mike Branum answered on Jul 20, 2020

A bow is not a firearm. To the best of my knowledge, there is no prohibited possessor statute under Arizona or federal law which applies to bows. You should not be in violation of any law by bowhunting with a felony on your criminal record.

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