Arizona Criminal Law Questions & Answers
Q: I'm a green card holder since 2000 and I submitted my application for Naturalization. Need advise.
Kelli Y Allen's answer
You need to have an immigration attorney review a copy of the judgment to determine what risks you may incur in applying for naturalization. There is a fairly high chance that the conviction may make you removable.
You need to have an immigration attorney review a copy of the judgment to determine what risks you may incur in applying for naturalization. There is a fairly high chance that the conviction may make you removable.
Q: If the police use a stolen vehicle as means to obtain a search warrent (knowing the vehicle wasn't stolen)
Mike Branum's answer
If you and your defense counsel can show by a preponderance of the evidence that law enforcement officials had knowledge the vehicle was not stolen when they obtained the warrant, then yes, you should be able to succeed in a motion to suppress any evidence obtained UNLESS the state can show they would have obtained the information through another means which would not have been a violation of your Fourth Amendment rights.
As with many of these questions, there are a plethora of...
If you and your defense counsel can show by a preponderance of the evidence that law enforcement officials had knowledge the vehicle was not stolen when they obtained the warrant, then yes, you should be able to succeed in a motion to suppress any evidence obtained UNLESS the state can show they would have obtained the information through another means which would not have been a violation of your Fourth Amendment rights.
As with many of these questions, there are a plethora of...
Q: Can you please tell me what this charge is CR19902991FE is?
Zachary Divelbiss' answer
I am having trouble trying to pull up this case number to see what the charge is. I will need more information in a confidential email to zach@divellaw.com. I need full name and date of birth. If you know more about the surrounding case, that would be helpful such as the year of offense and court that handled the case.
I am having trouble trying to pull up this case number to see what the charge is. I will need more information in a confidential email to zach@divellaw.com. I need full name and date of birth. If you know more about the surrounding case, that would be helpful such as the year of offense and court that handled the case.
Q: i was charged with trafficing stolen goods 10 years ago. i was cought stealing dvds from target .
Q: If my daughter is on financial probation and pays off the fine, does the probation end then? She is unable to get a job
Zachary Divelbiss' answer
Typically, once you complete all terms of probation you can apply to end your probation. Sometime probation ends automatically but better save to double check. You should contact a lawyer to get help with this or contact the court clerk to see how to get it done at your specific court. Feel free to reach out at Zach@Divellaw.com or 480-935-6545
Typically, once you complete all terms of probation you can apply to end your probation. Sometime probation ends automatically but better save to double check. You should contact a lawyer to get help with this or contact the court clerk to see how to get it done at your specific court. Feel free to reach out at Zach@Divellaw.com or 480-935-6545
Q: Is there a way to open a civil case to be reimbursed by my codefendant for half of the restitution I solely paid in full
2 Answers
| Asked
in
Criminal Law, Family Law and Civil Rights
for
Arizona
on
Answered on Feb 19, 2019
Answered on Feb 19, 2019
Zachary Divelbiss' answer
This is a question we get asked quite frequently. Who you really need to ask is a civil litigation attorney but their answer is likely going to be that you will not have a successful lawsuit against the other party.
The unfortunately reason that you will be held responsible to pay everything in full is because you agreed in your plea agreement that you would pay full restitution whether you caused the harm or not or whether the co-defendant pays or not. This is standard language in...
This is a question we get asked quite frequently. Who you really need to ask is a civil litigation attorney but their answer is likely going to be that you will not have a successful lawsuit against the other party.
The unfortunately reason that you will be held responsible to pay everything in full is because you agreed in your plea agreement that you would pay full restitution whether you caused the harm or not or whether the co-defendant pays or not. This is standard language in...
Q: A friend has been charged in Arizona for Possession of Marijuana and DUI. What to do next? No priors. Court in a week
Zachary Divelbiss' answer
Your friend should contact and hire a lawyer immediately. There are no "do-overs" in criminal court or with the charges he is facing. He will be provided with a public defender for both cases but since it's his first offense, he should make sure someone puts careful attention into his case so everything goes well. It is typical to have the drug charges reduced or completely dismissed after doing TASC. The DUI is going to be a little more difficult and may require jail if not taken care of...
Your friend should contact and hire a lawyer immediately. There are no "do-overs" in criminal court or with the charges he is facing. He will be provided with a public defender for both cases but since it's his first offense, he should make sure someone puts careful attention into his case so everything goes well. It is typical to have the drug charges reduced or completely dismissed after doing TASC. The DUI is going to be a little more difficult and may require jail if not taken care of...
Q: What does it mean when a case says long form citation filed about 6 times ?
Zachary Divelbiss' answer
This is a legal phrase that means your case took longer to be filed than normal. Typically, police will come into contact with someone and immediately write them a ticket for what ever crime they feel is appropriate. When they long form a ticket, it typically means they had to do more investigating in order to charge the suspect with a crime. This commonly happens in a DUI where they draw someone's blood but can't charge them until they get the blood results back. In other situations, the...
This is a legal phrase that means your case took longer to be filed than normal. Typically, police will come into contact with someone and immediately write them a ticket for what ever crime they feel is appropriate. When they long form a ticket, it typically means they had to do more investigating in order to charge the suspect with a crime. This commonly happens in a DUI where they draw someone's blood but can't charge them until they get the blood results back. In other situations, the...
Q: What is solicitation of sale of dangerous drugs what does this mean
Zachary Divelbiss' answer
It means its a MAJOR FELONY! This basically means that who ever is charged with this was somehow involved with the sale of a dangerous drug. There are many different dangerous drugs but commonly it's meth. If you have been charged with this then you need a consultation immediately or else you could be facing lots of jail time. We would be happy to provide a free consultation! 480-935-6545 or Zach@Divellaw.com.
It means its a MAJOR FELONY! This basically means that who ever is charged with this was somehow involved with the sale of a dangerous drug. There are many different dangerous drugs but commonly it's meth. If you have been charged with this then you need a consultation immediately or else you could be facing lots of jail time. We would be happy to provide a free consultation! 480-935-6545 or Zach@Divellaw.com.
Q: I applied to get my restoration of rights and gun rights. They have not responded by the deadline. Tucson AZ.
Brian Chase's answer
The State is not required to file a response. The Judge will typically wait until the State's response time has expired before issuing a ruling. Sometimes the judge will set a hearing for you to attend, sometimes the judge will simply rule on the motion. You'll have to watch to see if a hearing is set, so that you can show up and request your rights restored.
The State is not required to file a response. The Judge will typically wait until the State's response time has expired before issuing a ruling. Sometimes the judge will set a hearing for you to attend, sometimes the judge will simply rule on the motion. You'll have to watch to see if a hearing is set, so that you can show up and request your rights restored.
Q: I'm facing some charges and need help
Zachary Divelbiss' answer
There is definitely something you can do. HIRE A LAWYER! We can walk you through all of the steps of this offense and will need to talk directly with you about everything that could happen and will happen. When you hire us, we will be able to go to court for you and make sure you get the best deal possible or get the case dismissed. I do not recommend doing this without the help of a lawyer and it is your choice whether you use the public defender you will be provided. Please feel free to call,...
There is definitely something you can do. HIRE A LAWYER! We can walk you through all of the steps of this offense and will need to talk directly with you about everything that could happen and will happen. When you hire us, we will be able to go to court for you and make sure you get the best deal possible or get the case dismissed. I do not recommend doing this without the help of a lawyer and it is your choice whether you use the public defender you will be provided. Please feel free to call,...
Q: Im on probation my probation officer came by my house and i had someone over he left when she started questioning him
Zachary Divelbiss' answer
Is there anything in your probation agreement that says that particular person cannot be over? For instance, was the person a victim in your case? If not, then you should not have any issue. However, I feel as if there is more to the story that we would need to know before we could properly advise you.
Is there anything in your probation agreement that says that particular person cannot be over? For instance, was the person a victim in your case? If not, then you should not have any issue. However, I feel as if there is more to the story that we would need to know before we could properly advise you.
Q: When Does the defendant see the evidence that proscution has against them before the plea deal or after.
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...
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 .
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.
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?
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...
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.
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.
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
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
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
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
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
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.
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.
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