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Arizona Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Arizona on
Q: How do I proceed when arresting officers, public defender also judge are coercing/ bullying me and requests for change o

Change of lawyer are ignored and forcing me to stay with current lawyer who can't be trusted even. A little bit please help

Mike Branum
Mike Branum
answered on Jun 28, 2022

You are entitled to representation. You are NOT entitled to different representation because you do not approve of the representative provided to you. Your option is to find a way to pay for private counsel. Otherwise, your lawyer is your lawyer unless a conflict of interest arises (conflict of... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on
Q: Can the police make you open yoir gate at gun point and search home ans yard and break into safe without a warrant?

They entered the yard handcuffed him at 10am searchead his home and found his safe broke into it found drugs and money and arrested him and served him aearch warrant at 120 pm while already in jail is that even ligal i thought you needed a warrant to search premises and their body cams were off... Read more »

Dwane Cates
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Dwane Cates PRO label
answered on Jun 3, 2022

Generally speaking, the government needs a search warrant to search your home. There are some exceptions such as exigent circumstances or imminent danger. You indicated that they served a warrant him later in the day. What really matters is when was the warrant issued by the Court. Again,... Read more »

2 Answers | Asked in Traffic Tickets, Criminal Law and DUI / DWI for Arizona on
Q: As passenger in a vehicle should I be held accountable for something that was found in the vehicle during a traffic stop

I was getting a ride from acquaintance . I was sitting front passenger seat of a mini van.

I just got into the vehicle not only two miles down the road the cop pulls him over for making an illegal turn. The vehicle ended up being searched and the cops found a bag carrying illegal... Read more »

Andrea Short
Andrea Short
answered on May 9, 2022

The simple answer to your question is to have a consultation with a lawyer and eventually hire a private defense firm to represent you.

This is very important because it is very common that situations like this happen and you are going to want private attention with a lawyer who is there...
Read more »

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1 Answer | Asked in Criminal Law for Arizona on
Q: I was arrested for theft by fraud , but wasn’t charged .They confiscated cash from my paycheck I had can I Get it back
Andrea Short
Andrea Short
answered on May 5, 2022

Hello! Getting arrested for fraud/theft is always going to be a sticky situation because there are so many factors that will contribute to the type of legal advice I can give.

First and foremost, I recommend speaking with us to have a free consultation so we can go over the specifics as it...
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1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on
Q: Can you get your case dismissed in Arizona before trial if you can prove the other party had a motive to fabricate?

If so, where is the case law that I can use in a motion to dismiss?

In a domestic violence case, I was basically wanting to have my ex served and out of my house, I put a restraining order that was not yet served 2 weeks prior. I called 911 twice that night , the cops showed up, my ex was... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Apr 30, 2022

No. Proving they have a motive to fabricate is a credibility issue that can ONLY be resolved at a trial. What you describe is something where a judge is going to need to hear and receive evidence from both of you before it can be decided.

A Motion to Dismiss is only appropriate where there...
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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Arizona on
Q: I’m about to begin diversion for a non drug related offense in AZ and will be drug tested. Can I use medical marijuana?

I was instructed to not use “illegal” drugs, however marijuana is legal in the state of Arizona.

Brian C. Soto
Brian C. Soto
answered on Apr 14, 2022

Short answer, yes; you can use your prescribed marijuana.

In REED KALIHER v. State of Arizona, the Arizona Supreme Court held, AMMA bars courts from imposing a probation condition prohibiting the use of medical marijuana pursuant to AMMA.

While this case dealt specifically with...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Arizona on
Q: If you commit this what are the possible punishments and what are the likely punishments for pleading guilty?

Hit traffic “expect delays” sign and did not call police

Mike Branum
Mike Branum
answered on Apr 13, 2022

You would likely be charged with failure to control your vehicle (infraction) and leaving the scene of a property damage collision (misdemeanor). You will likely face a fine and a serious increase in your cost of insurance.

1 Answer | Asked in Criminal Law, Employment Law, Family Law and Immigration Law for Arizona on
Q: Do judges ever require ppl to demonstrate he or she is trying to better themselves by learning something? Is it common?

If so, for a someone who doesn't speak English or doesn't speak really well, would working on learning the language demonstrate good faith? Perhaps as a means to finding more work opportunity, for example.

Kevin L Dixler
Kevin L Dixler
answered on Apr 8, 2022

In general, No! Judges must focus primarily on the requirements for an immigration benefit. Also, whether a foreigner meets at least those requirements.

Note that for other immigration benefits, outside of the immigration court, it depends upon for what purpose. For example, a person who...
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1 Answer | Asked in Criminal Law for Arizona on
Q: My daughter drowned when her father was supposed watching her why Is he not in jail right now
Stephen M Vincent
Stephen M Vincent
answered on Apr 1, 2022

I'm sorry to hear about your loss. My heart goes out to you.

Family law is not the right category for this question though. It better belongs to the criminal category, as the decision to press charges is ultimately up to prosecutors and somewhat to the police. Those of us who are...
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1 Answer | Asked in Criminal Law and Health Care Law for Arizona on
Q: I have been adsaulted three times by a person. I have advanced glaucoma. The person was at my bedroom window last night.

So far the precinct judge has done very little. My assaulter ignored the peace bond that i filed for.

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Mar 24, 2022

If there are criminal charges against the assailant, you should talk to the victim advocate. A lot of times you can get release conditions (if not already in place) that will prohibit contact or harassment. If there is no criminal case you may be able to get some form of protective order such as... Read more »

1 Answer | Asked in Criminal Law, Family Law and Civil Rights for Arizona on
Q: Can a landlord harass you by slamming on doors just to set off your anxiety. We pay rent on time and this feels abusive

Me and my Wife rent a room at her mother's for 800 a month, and always pay on time. Me and my Wife suffer from severe anxiety and her mom keeps racking on the door randomly waking up our child and shooting our anxiety through the roof. We have confronted her told her of our anxiety and to... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Mar 15, 2022

I'm sorry to hear of your situation. I'm sorry that your mother-in-law is not more sensitive to your needs. That is certainly a failure on her part on the human level. I wanted to give you the number for National Suicide Prevention Lifeline: 800-273-8255

Unfortunately, I think you...
Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Legal Malpractice for Arizona on
Q: If I and two others are arrested and I ask for a disclosure is it not my right to have the entire disclosure

By entire I mean audio and visual from statements given by each person arrested with me that is mentioned in the disclosure.

Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

You're entitled to basic disclosure and anything that may be exculpatory in nature. Including statements made by co-defendants. Your attorney needs to ask for everything.

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: How many years can the da go back on historical priors
Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

10 years from the date of commission for F2 and F3, 5 years for F4-6.

1 Answer | Asked in Criminal Law for Arizona on
Q: Please help I'm being misrepresented by an attorney for my criminal case and it's damaging to My outcome and sentencing
Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

Unfortunately you don't have a question posed. However you're free to fire your attorney at any point and hire a new one. Many, myself included, will consult with you at no charge. Good luck to you.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Arizona on
Q: Can I appeal a charge from 1996 in Tempe, AZ where coercion played a role in my plea?

I was 18 and homeless in 1996, cutting across an open parking lot (privately owned). A policeman said he couldn't stand us homeless (today I hold degrees in biotech, microbiology, and teaching) and I needed to leave town. He arrested me for criminal trespass. I was fed rotten green baloney and... Read more »

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Feb 28, 2022

It sounds like what you are probably seeking to do is set aside your conviction. While this is not entirely what you are asking, it may accomplish your objectives. A set aside if granted will set aside the judgment of guilt and dismiss the complaint. You should consult an attorney to discuss... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Can I face criminal prosecution for writing fantasy role-play emails to someone I met on a sexual dating service?

I encountered Janet through alt.com an online dating service that specializes in Dominant/submissive relationships.

When we were about to meet in person, suddenly she had to go to Nigeria for a big inheritance.

While waiting for processing, we exchanged explicit emails -- mostly... Read more »

Richard W. Noel
Richard W. Noel
answered on Feb 15, 2022

Let's think this through.... A woman you've never actually met was arrested in Nigeria for something you had nothing to do with. But you've been told by her "lawyer" that you need to pay $4500? That's called a shake down. And you're being taken for a ride as a... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Car Accidents for Arizona on
Q: Can the judge deny and refuse to argue a motion to dismiss?

I have two charges that were based on thr black box of the car (Event Data Recorder) extractEd 4 months after the accident. The charges are speed and Reckless Driving.

The officer who charged me had no experience dealing with the EDR, and I had an altercation with him which resulted in me... Read more »

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Feb 14, 2022

The judge is correct the time to argue facts are trial. I understand this is not the answer you were hoping to hear, in criminal cases there is not a Motion for Summary Judgment where you are permitted to get a ruling of guilty or not guilty based on undisputed facts prior to trial. You can... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Arizona on
Q: I'm required by the court to do a drug screening can I do one I get from walgreens or do I have to go to a lab

If so will ahcccs cover it or how much is it

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Feb 14, 2022

If by drug screening you are referring to UA ordered by Court/probation/pretrial services to determine whether there are any drugs in your system, typically you will be ordered to a specific provider such as Averhealth. You will have to go to that provider unless you will get permission from the... Read more »

1 Answer | Asked in Criminal Law and Identity Theft for Arizona on
Q: How can I find a pro bono lawyer?

I wasn’t sure which box to check for burglary, but I am reaching out for a long time family-friend of mine who is already incarcerated. I believe he was working with a court appointed attorney here in Pima county but she does not keep in contact. He has not heard from her for quite some time, to... Read more »

Richard W. Noel
Richard W. Noel
answered on Feb 9, 2022

Pro Bono attorneys are public defenders. That's what he has. They aren't private attorneys. As a former deputy public defender I can confidently say they have a huge caseload of hundreds of other cases. They don't have time to "check in" regularly. They're not there to... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Arizona on
Q: Arrested on possession charges I was asleep in my vehicle and I woke up to police in my car searching my purse 4th am?

After ten minutes of searching they say they found heroin next to my shifter and come and ask me if it was heroin. They told me they had probable cause to search. How can this be if they found drugs ten minutes after there search. Just because I was sleeping. Does that mean they can enter my... Read more »

Richard W. Noel
Richard W. Noel
answered on Feb 9, 2022

I don't entirely understand your question. If there was something that "through training and experience" an officer believed something to be heroin in plain view, they have probable cause for a search. Was there body cam? Dash cam? I suggest speaking with your attorney who can review... Read more »

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