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Arizona Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for Arizona on

Q: I was charged with dangerous drug and paraphernalia and completed my probation term. Now they are trying to charge drive

Zachary Divelbiss answered on Jun 13, 2019

I am not sure what they are trying to do to you now that you have completed your probation term. I recommend you contact me as soon as possible to best protect yourself from an more legal issues. Zach@Divellaw.com or 480-935-6545

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on

Q: If someone call the police on me and left, can I be detained until they show up to give their statement?

Zachary Divelbiss answered on Jun 13, 2019

This is a tricky question to answer because there are many specific things that can happen that need to be evaluated. However, the quick and simple answer is that as long as the police are conducting an investigation they are allowed to detain you. Now, there are other legal things to bring into... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: 3rd degree burglary and theft is most likely sentenced to how many years in AZ?

Zachary Divelbiss answered on Jun 13, 2019

Burglary in the 3rd degree is a class 4 felony. If the person does not have any prior felonies (among other issues) the range of sentencing is: probation -- 1 year -- 1.5 years -- 2.5 years -- 3 years -- 3.75 years. I cannot get any more specific in answering your question but if you know someone... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: My daughter is incarcerated at the Sate prison in Perryville, Goodyear. She is serving a three year sentence for non

violent crime. In October she developed breast cancer and after eight months has not been started on therapy, she is presently at stage 3a. In similar cases as dire as this how can she get a earlier release or furlough to receive life saving care. her release date is Feb. 2020.

Zachary Divelbiss answered on Jun 13, 2019

My best recommendation is to contact Middle Ground Prison Reform at middlegroundprisonreform@msn.com. They handle these kind of issues on a daily basis and are former judges.

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on

Q: Good day, how can I know if there is an arrest warrant against any person or, if applicable, an extradition order?

The intention is to know where the problem is (we already know that he has a problem) and try to attend to it.

Zachary Divelbiss answered on Jun 13, 2019

One of the best ways to see if someone has a warrant is to contact the Department of Public Safety at 602-223-2233. They will ask for your name and date of birth in order to look up if you have a warrant and will be able to tell you right then and there.

1 Answer | Asked in Criminal Law and Traffic Tickets for Arizona on

Q: How can I get my license back I was pulled over vehicle taken about two years ago changed my life since job family

I need to get LIC back to go to work even if payment plan small I have proof I moved was stranded in California never received noticed didn't know warrant existed help

Zachary Divelbiss answered on Jun 13, 2019

The answer is fairly simple however the process can be complicated. Essentially, you have to contact the MVD and have them provide you a copy of your driving record. You can typically do this online or in person. Then, on the report you will be able to see which court, if any, have a hold on your... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: Can 2 people be charged with same charge one was sentenced to probation other party was dismissed without prejudice

Charges have been refilled after almost 3 years

Mike Branum answered on Jun 9, 2019

The short answer is yes. If the statute of limitations (the time frame in which the prosecutor must charge a defendant for a crime after commission of the crime) has not "expired" (the technical legal term is "run"), the prosecutor may charge a second defendant for the same crime. This often occurs... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: Ho do I submit a video into evidence at a no jury criminal court case

The video was taken by the attending officer's body cam. The video was sent to me from the prosecutor of this case.

Matthew Maerowitz answered on Jun 7, 2019

If you have an attorney, you will want to ask your trial attorney. Ultimately, this is a tough question to answer because it involves going through the rules of evidence that us lawyers learn from law school and experience. Basically to use the body cam as evidence you will want to request the... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: I am defendant - want to use CD the prosecutor has sent me. How to enter in as evidence I want to use

Matthew Maerowitz answered on Jun 7, 2019

If you have an attorney, you will want to ask your trial attorney. Ultimately, this is a tough question to answer because it involves going through the rules of evidence that us lawyers learn from law school and experience. Basically to use it as evidence you will want to request the court clerk... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: If someone (not a family member) disinters a body, and reinters the body at the same location, is it illegal?

I'm writing a screenplay based on true events, and one of the crimes the main character commits is disinterring a body without a permit. He's not a family member. He's using the organs of the corpse to replace the ones in the body of a woman he murdered. So my full question is this: If a person... Read more »

Mike Branum answered on Jun 7, 2019

Yes. A.R.S. 41-865. Disturbing human remains.

A. A person shall not intentionally disturb human remains or funerary objects on lands, other than lands owned or controlled by this state, any agency or institution of this state or any county or municipal corporations within this state,...
Read more »

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Traffic Tickets for Arizona on

Q: Az new bill driving on suspened revoked does not result in impoundment of vehicle what if your driving with no license

The person was driving w/ no license a vehicle belonging to another person who was not present when pulled over for a wrongful turn.

Mike Branum answered on Jun 6, 2019

They eliminated suspended license as justification for impounding a vehicle but a REVOKED license will still get the vehicle impounded. Since no license is equivalent to revoked, law enforcement will likely impound the vehicle. The registered owner can petition for an early release of the vehicle... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: can a person get an aggravated assault charge set aside in the state of Arizona

Mike Branum answered on Jun 6, 2019

The short answer is "yes." Most courts will expect you to have completed all the requirements of your sentencing before considering a set aside but even that is not a hard and fast rule. I would imagine your chances of success would be higher if you HAVE successfully completed any jail time,... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Arizona on

Q: What is the law about joint custody and Child released on intence probation. Does he still get to go back and forth

My son is 15 He was released on intense probation to his father and now his father is saying he can’t live with me until he is off probation in a year. I wanted to know what my rights are. His dad has been gone for almost 2 years and just came back when my son got arrested.

Zachary Divelbiss answered on Jun 2, 2019

You will need to check the Intensive Probation Order (IPO). The IPO is an order from the judge (or probation) that allows him to stay somewhere. This is not a decision from the father. You may be able to contact the judge or probation officer to have them allow your son to stay with you.

1 Answer | Asked in Criminal Law for Arizona on

Q: Is it aggravated when u violate IPS or get a new charge on it

Mike Branum answered on Jun 1, 2019

Since I cannot imagine you were placed on IPS for a misdemeanor charge, I will assume the conviction which landed you on probation was a felony. Previous felonies are one of the factors that a sentencing judge may consider when determining whether or not to hand down an aggravated sentence. Your... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: If i have a felon 6 from 2017 can i get a medical card to close the case?

Zachary Divelbiss answered on May 23, 2019

I believe I understand what you are asking but if not, you may have to contact us directly for a better answer.

If you had a drug possession charge from 2017 or really anytime before you have a medical card, then you will have to resolve the case. If you get a medical card after you are...
Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: Can I record my neighbor's front yard from my house? I did it to catch him committing a crime that I witnessed.

I did call the police and showed the 2 officers that responded. They went to talk to the neighbor and then came back and told me to file a injunction against harrassment. They did not do anything to the neighbor that urinated outside. The front yard of the neighbor is open to a public road. They... Read more »

Mike Branum answered on May 6, 2019

Can you videotape your neighbor in his front yard? Yes. The important question here is: would your neighbor have a reasonable expectation of privacy in whatever location you are filming him in? If the answer is no, as it appears to be here, then you may capture video without breaking Arizona... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: Is there any conflict with a City Attorney filing on behalf of a plaintiff who is a personal friend of the family

The defendant is a city employee

Mike Branum answered on May 2, 2019

Your question is in criminal law but there is no plaintiff in criminal law. Without any further information, it seems there would definitely be a conflict if a city attorney were representing a civil plaintiff against a city employee but that conflict could likely be waived by the plaintiff. I... Read more »

1 Answer | Asked in Criminal Law for Arizona on

Q: Son got arrested but this is his first offence, will he have to do jail time?

Stephen R Glazer answered on May 1, 2019

Maybe. If convicted of any criminal offense, jail is always a possibility. It depends the the criminal conviction. For some crimes, jail or prison is mandatory. For some offenses, such as a first time conviction of the personal use of an illegal drug (except methamphetamine), probation is... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Arizona on

Q: First offense, F3 for aggravated assult count 1 and 2 for exactly the same. Dismiss chg Endangerment, dui and hit/run

Got sentence 3yrs imprisonment Adoc. Imprisonment probation. Can a defendant be charge twice for the same charge?

Mike Branum answered on Apr 28, 2019

Yes. If the state identifies three separate victims or three separate instances, they will file a charge for each. If found guilty of multiple counts, the judge can run the sentences at the same time or one after another.

1 Answer | Asked in Criminal Law, Civil Rights, Employment Discrimination and Landlord - Tenant for Arizona on

Q: Can landlord/employer come into your home and take all your belongings

My landlord /boss and I had a falling out so I decided just to move out.ss I'm moving landlord /boss comes and takes all my property and personal belongings

Mike Branum answered on Apr 26, 2019

No. This is an invasion of your right to privacy and your rights as a tenant. If you can afford a retainer you should probably hire an attorney. It may be difficult to find an attorney who will take this case on a contingency basis but it is possible. If you have limited income you may qualify for... Read more »

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