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Arizona Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Juvenile Law for Arizona on
Q: What would be the consequences of a 17 year old who takes advantage of older men and ends up getting them in trouble

Playing the victim and letting these men think beforehand that it was love and was trusted even at times being lied to saying they were an older age. Sending pictures and instigating it

Mike Branum
Mike Branum
answered on Aug 6, 2021

I cannot think of any earthly consequences, civilly or criminally. The burden is on the "older men" to be wise enough not to be ensnared by any wily 17-year-olds. Once a male present in the State of Arizona turns 19, anyone under 18 is off limits.

Any female "sending pictures...
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1 Answer | Asked in Criminal Law for Arizona on
Q: My son's public record reads Disposition: Court Dismissal" What does that mean?

My son has a drug charge that he has not had to pay any fines on and spent less than 10 hours in jail. We live in a different county but same state. Issued a probation officer from county where we live who has indicated to my son he has a warrant for probation violation [did not do drug testing]... View More

Brian C. Soto
Brian C. Soto
answered on Jul 15, 2021

I would highly recommend contacting the clerk of the court directly. Often times defendant’s are charged with multiple counts and may have, as part of a plea agreement, had some counts “dismissed by the court” while being convicted of a separate count.

Hopefully, your sons case is...
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1 Answer | Asked in Animal / Dog Law, Criminal Law, Civil Litigation and Small Claims for Arizona on
Q: The person we had TEMPORARILY caring 4 our dog as we searched for a place to live, is trying to keep him. What can I do

Someone had been watching our dog as we looked for a place to live. Among other things, the pandemic prolonged the time it took to do so (4 months). Right before we were to contact the guy to get our dog, he randomly texted and said he killed the dog and threw him in the fire. Devistated, we... View More

Mike Branum
Mike Branum
answered on Jul 2, 2021

Unfortunately, it is not as easy as merely requesting a civil standby. I have not filed a case like this personally, but I believe you should be able to file a case in justice court instead of at the superior court level since all you are seeking is possession of the property (dog). The fees will... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: What consequences am i looking at when i go to court on a charge b-1805 shoplifting?
Matthew Maerowitz
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Matthew Maerowitz
answered on Jun 28, 2021

So it's actually 13-1805, which is the Arizona statute for shoplifting (my guess is that the charges on the complaint were handwritten and the officer's "13" looks like a "B"). As a result, I'm assuming this is misdemeanor shoplifting in which case the maximum... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: My son is 17, was detained by border patrol in Az. He was not charged or arrested for anything. Car & phone seized.

How can we get his property back? Did they have the right to seize it if he was not charged w/ anything?

Brian C. Soto
Brian C. Soto
answered on Jun 18, 2021

It is not uncommon for Border Patrol to catch and release individuals they suspect are involved in criminal activity.

The agents seem to have a great deal of discretionary power in this regard.

It may be in your son’s best interest to speak to a federally licensed attorney as he...
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1 Answer | Asked in Criminal Law and Immigration Law for Arizona on
Q: I am applying for my citizenship, i have been LPR for 7 years now, divorced. i had a criminal history?

I have green card for 7 years now, I had a criminal history- Felony theft in 2011, charges that changed to a misdemeanor then setaside or expunged back in 2014. Immigration is aware of the charges since it happened before I obtained my green card-LPR. Do I need to mention the charges again on my... View More

Agnes Jury
Agnes Jury
answered on Jun 16, 2021

You will have to disclose the criminal history in your citizenship application. It can affect your eligibility because one of the requirements for naturalization is good moral character (GMC). An applicant for naturalization must show that he or she has been, and continues to be, a person of good... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: What can I do if I am being harassed on the phone? I have photo evidence, he is interfering in custody with my son

My ex's nieghbor

Stephen M Vincent
Stephen M Vincent
answered on Jun 16, 2021

Being harassed is grounds for getting a protective order.

We'd probably need to know more to know if you'd qualify for a protective order. You can certainly consult with an attorney before filing one or you can go to the Protective Order Center at the nearest Superior Courthouse...
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1 Answer | Asked in Criminal Law and Admiralty / Maritime for Arizona on
Q: Do I need a lawyer to represent me for a class two misdemeanor boating violation in Arizona?

I had no idea it was a criminal offense to let the kids sit on the transom on the back of the boat. This is crazy. Suggestions?

Tim Akpinar
Tim Akpinar
answered on Jun 4, 2021

In terms of suggestions, one option as a starting point is to reach out to a criminal defense attorney in Arizona for an initial consult to discuss the most sensible and cost-effective options, based on the violation. You're correct to include Admiralty - Maritime. But given that you are in... View More

2 Answers | Asked in Criminal Law for Arizona on
Q: Did my rights need to be read in this situation?

recently i was riding a dirtbike on the road doing wheelies my bike stalled and they ran to me and got me put me in handcuffs and in back of cop car I was later let go about 40mins from back of the cop car with 3 tickets but never read my rights does that matter at all in that situation at first... View More

Brian C. Soto
Brian C. Soto
answered on May 30, 2021

Miranda rights are an advisory of certain rights police are required to inform a suspect of before conducting a custodial interrogation. Custodial interrogation is based on a totality of the circumstances, but in short it occurs when police ask investigatory questions of a suspect who police have... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Internet Law for Arizona on
Q: Is this pediatricians encouraging parents to violate cp laws?

"Mink says pediatricians should ask parents to video-tape the episodes before performing invasive and often expensive tests that could be unnecessary."

Um.... Doesn't us code 2252 and 2251 prohibit people from recording their children engaging in these types of activities?... View More

Mike Branum
Mike Branum
answered on May 28, 2021

If a pediatrician asked a parent to videotape a behavior for diagnostic purposes, I believe a court would find such recording an exception to any law prohibiting such. If the person doing the recording was my client, I would ensure it is delivered to the physician as soon as possible after... View More

1 Answer | Asked in Estate Planning, Criminal Law and Probate for Arizona on
Q: Heir of an intestate Arizona estate engaged in discovery. Estate had conservator for 5 years. What order do I need?

My subpoena revealed account numbers & signature cards. During a meeting with the banker they looked up one of the accounts & said there had been a substantial amount of activity giving the impression business was being conducted from an account. A call was made with me present. Banker said... View More

Andre L. Pennington
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Andre L. Pennington
answered on Mar 24, 2021

You'll likely need to hire an experienced probate attorney to help with this. It's a complicated situation that is impossible to answer with the information provided.

2 Answers | Asked in Criminal Law for Arizona on
Q: I requested to have my judgement set aside and have been denied, for the reason ARS 13-907(E). I need assistance.

I have had no legal trouble before of after my judgement in 2013. In my plea agreement, the court was reduced to "non dangerous". Specifically 13-907 #2 the only "register" I had was enter into probation for the charges of aggravated assault, (non dangerous, non repetitive).... View More

Mike Branum
Mike Branum
answered on Mar 23, 2021

E. This section does not apply to a person who was convicted of a criminal offense:

1. Involving a dangerous offense.

2. For which the person is required or ordered by the court to register pursuant to section 13-3821.

3. For which there has been a finding of sexual...
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1 Answer | Asked in Criminal Law for Arizona on
Q: The house I rent a room in was searched without a search warrant. Is that legal?
Ayensa Millan
Ayensa Millan
answered on Mar 19, 2021

Are you positive there was no warrant?

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Arizona on
Q: What motion do I file to dismiss charges?

1 attorney told me to file a motion to dismiss without prejudice is this correct? I have DUI from 2012 for marijuana do to the new law in Az allowing medicinal marijuana. I would like to have the charges dismissed at the time I had a medical marijuana card from another state I don't know if... View More

Matthew Maerowitz
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Matthew Maerowitz
answered on Mar 1, 2021

Based on your question, I cannot tell whether you have a pending charge or a conviction for DUI from 2012. If it is a pending charge, then there is likely an active warrant for your arrest and you will need to get the warrant quashed and handle the DUI case before the driver license hold will be... View More

1 Answer | Asked in Criminal Law, Real Estate Law and Municipal Law for Arizona on
Q: When encountering a no trespassing sign does the act of trespass begin after passing the sign or before

if you are homeless and sitting on a curb in front of a fenced property where a sign is posted are you in violation of trespassing by just being near a sign or do you have to cross onto that property/pass the posted sign. Extendedly, if you are homeless and you are sitting on a curb/sidewalk... View More

Mike Branum
Mike Branum
answered on Feb 23, 2021

Theoretically the trespass would occur when a person or objects breaks the plane over the imaginary property line. If the sign is directly over this line, then a person or object would have to extend onto the property past the sign before the actual trespass could be said to have occurred. If there... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: I was recently charged with a felony assault. Can I file charges on my"victim" for assault and trespass?

I am a woman and this came into my home and hit first. He was not invited in, cI've never met this man before. I didt talk to the police when they arressted me. The incident was almost 2 weeks ago, I still haven't been given an attorney so I have nobody to andwer these questions for me.

Priscilla Frisby
Priscilla Frisby
answered on Feb 19, 2021

The only entity that can file criminal charges against any person is a Federal, State, City or Town prosecutor. If the police spoke to all parties involved and did not refer the case to the prosecutor for charges against the alleged "victim" in your case, then it will be really hard to... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Can my plea deal be reversed if I violate the terms of my supervised probation?

I plead guilty to a plea agreement that dropped my indecent exposure (F6) charge to a disorderly conduct (M1) charge and dismissed two other indecent exposure charges (M1).

I plan on completing my probation I was sentenced to without issue however if I were to mess up and violate and have... View More

Mike Branum
Mike Branum
answered on Feb 12, 2021

If you violate probation, you would be required to complete the underlying sentence suspended suspended when you were placed on probation. Your plea deal will not be undone.

1 Answer | Asked in Criminal Law and Elder Law for Arizona on
Q: Is it more believable that you remember vaguely winning a prize two years ago and not remembering if you filled out tax

Papers or is it more believable that you don't remember any of it

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Feb 8, 2021

This is not a legal question. Unfortunately, an attorney won't be able to help with this question as this does not involve any issue requiring legal knowledge.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Federal Crimes for Arizona on
Q: What if cops took my cell phones & illegally erased videos (evidence) from my phones WITHOUT A warrant
Mike Branum
Mike Branum
answered on Feb 1, 2021

Illegal? Absolutely. Can you prove it? Maybe. It would require a previous backup to show what was there and a forensic examination of your phone to determine what was removed and when. You would need to be able to show that when the file was erased the phone was in police control.

The...
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1 Answer | Asked in Criminal Law, Family Law and Elder Law for Arizona on
Q: Can an attorney demand that a defendant have a phone conversation

Is it pertinent that the defendant is actively looking for legal representation?

Rich J. Peters
Rich J. Peters
answered on Feb 1, 2021

In Family Court, it can be important to show that you have reasonably responded to communication requests from the opposing party's attorney. If you are very close to hiring an attorney, then the opposing attorney should of course await that attorney's contact. However, if it goes days... View More

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