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Arizona Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: Revocation Hearing, Board said inmate WAVED to reinstate . Inmate told waving right to an atorney. Another hearing?

Inmate NEEDS supervision reinstated. It would have been granted but Board said Inmate WAVED- Inmate did not intentionally WAVE- He was misinformed when signed paper. What can inmate do now to get RELEASED?

Steven Scharboneau
Steven Scharboneau
answered on Aug 4, 2022

Thank you for your question, but I'd need to clarify some of the finer points to give a more accurate answer. First, was this a revocation hearing to revoke probation? If so, what type of probation? Also, I'm interested to know more about the board that said that rights were waived and... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: What happens now that I have a warrant for my felony drug case?

One month I didn't check in because I was kicked out of my place to stay the next month I was in process of homeless assistance and trying to get a place before I spoke to my probation officer so I didn't get violated and when he went to old residence I wasn't no longer there now I... Read more »

Steven Scharboneau
Steven Scharboneau
answered on Aug 4, 2022

There is not enough information here to give you exact information. However, if you are facing current charges and a warrant was issued for your arrest due to a failure to appear, you could face arrest and revocation of your release conditions. If, on the other hand, you have not checked in with... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: I have a class 6 undesignated felony i have not paid probation fees from almost 10 years ago. Should I petition or pay

I was aon probation at 19, it lasted 18 months. I'm 30 now and was told when done with probation I could petition to have my felony dropped to misdemeanor but my probation fees have gone to collections now. Do I pay or can I petition without paying. I should add I did not just choose to not... Read more »

Steven Scharboneau
Steven Scharboneau
answered on Jul 27, 2022

The answer is, it depends on what is in the plea agreement. Is there language in the plea agreement that requires the fulfillment of all of the conditions of the sentence (this is known as "earned misdemeanor language") or is the plea agreement silent to this effect? The statute for... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody, Probate and Estate Planning for Arizona on
Q: What’s your opinion of the probate process?Under what conditions do you recommend a Living Trust?

How do I protect my children from abusive relatives if something happens to me?

How long will it take to set up my Trust?

Nina Whitehurst
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Nina Whitehurst
answered on Jul 11, 2022

Probate is expensive, time-consuming, difficult and public. I am not a fan. I do try to design plans for my clients that avoid probate.

You can help protect your children from abusive relatives if you put their inheritance in a trust with a professional fiduciary in charge. That way an...
Read more »

1 Answer | Asked in Criminal Law, Divorce and Family Law for Arizona on
Q: In Arizona can I make a Police report on a criminal case on a bigamy charge ??

In Arizona can I request a case on criminal charges with the police?? In a bigamy case

Stephen M Vincent
Stephen M Vincent
answered on Jul 6, 2022

Yes, you may report bigamy, as it is a crime.

The decision to press charges belongs to the police and the prosecutors.

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...
Read more »

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...
Read more »

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...
Read more »

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
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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
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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 »

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