Lawyers, Answer Questions  & Get Points Log In
Arizona Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Arizona on
Q: I was a victim of an assault but I don’t want to press charges or have an investigation. Now a detective reached out.

The detective asked me to come in for a victim interview but I never knew there was a case or an investigation since I did not want to report anything.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

If you were a victim of an assault but do not wish to press charges or participate in an investigation, it's essential to communicate your decision clearly to the detective. You have the right to decline involvement in any criminal case.

You can politely inform the detective that you...
View More

1 Answer | Asked in Criminal Law for Arizona on
Q: During my arrest the superior said thst I was a pos over the phone..can case get thrown out due to officer missconduct
Brad Rideout
Brad Rideout
answered on Jan 5, 2024

The short answer is likely no, an officer being disrespectful and rude usually doesn't create a legal issue causing the case to be dismissed. If the officer's conduct causes it to be less likely that your conduct was criminal then there would be a possibility of dismissal, but... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Juvenile Law for Arizona on
Q: My 16YO daughter stole from a makeup store, no cops, banned from the store. Now I have a bill in the mail from a lawyer?

They took her to the back office, Scottdale PD was not involved, they kept all times since they were not open but claim "losses". Now I have a bill for $ 312 for a civil claim. ARS 12-661/ 12-691 / 12-694 and 13-1805.

What are my options?

Brad Rideout
Brad Rideout
answered on Jan 5, 2024

Dad of teenage girls here.

If there was a pending criminal court case, I have advised parents pay the civil claim then successfully argue to the prosecutor the criminal case should be dismissed due to the "victim" agreeing to a misdemeanor compromise.

However, your...
View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on
Q: Why was i charged w hindering in 2 degree ? Police came on a welfare check, but refused to leave.

Why was i charged w hindering in 2 degree ? Police came on a welfare check, but refused to leave. I answered door to two police officers that stated they were there on a welfare check called in by a friend. I told them we are all sleeping and that everything is fine. They asked to talk to my son ,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

In your situation, being charged with hindering in the second degree arises from interactions with law enforcement officers during their official duties. In Arizona, hindering prosecution or obstructing justice can occur if someone knowingly impedes or attempts to impede a law enforcement... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: The actual facts occurred more than 12 months ago in a misdemeanor. The complaint, uses the wrong date.

Can the State amend the charge, after the statute of limitations has run on the right date? I see the exceptions. Evidence issues abound. But the complaint filing date is most likely prosecutor error because they waited 11 months to file and made a mistake in reading the Officers report, which... View More

Steven Scharboneau
PREMIUM
Steven Scharboneau
answered on Dec 14, 2023

You are correct, the statute of limitations for misdemeanor charges in Arizona is 1 year from the date of when the event occurred or the government had reason to know of the offense. It sounds like you may have an issue here. You should contact an Arizona criminal defense attorney with more of the... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: What does it mean when you no longer have any court cases on your public record. All my priors I'm unable to read
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 14, 2023

If you're unable to find any of your prior court cases on your public record, this could mean a few different things. It's possible that your records have been sealed or expunged. When a record is sealed, it's hidden from public view, but still exists in the legal system.... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: do police have to identify themselves , when they are coming to ur house for a knock and talk

Skip navigation

do police have to identify themselves

Avatar image

Home

Shorts

Subscriptions

You

Brad Rideout
Brad Rideout
answered on Dec 11, 2023

A police officer on a knock and talk generally doesn't have to identify themselves. The officer has the right of say a door-to-door salesman to come up to your door and ask you questions, you can choose to answer them or not. However, there could be issues if you were not free to leave and the... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Landlord - Tenant for Arizona on
Q: my wife was assaulted by a tenant who refused to pay rent. the assailant threw vinegar in my wife's eyes.

emt's worked on my wife's eyes for half an hour and wanted to take her to the hospital. the cops wanted to arrest my wife and the assailant. its a tactic to not have to do any work. the racist hispanic cop took my id to run it (why?) he came back with a hostile attitude. I'm a felon,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

In your situation, where your wife was assaulted by a tenant and the responding law enforcement officers' actions were questionable, there are several steps you can take. First, it's important to document everything: the assault, the treatment your wife received from the EMTs, the... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: If I have been wrongfully arrested and going to have to do more jail time for something I haven't done canI get out this

My name is Brittany

Well back in 2021 my now ex sister in law went down to Mesa Superior Court and filed an order and protection on me and she put her 2 kids but she also put my son( 14 at the time) on the order of protection as well..

She went down to the court and gave false... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2023

Brittany, it sounds like you're facing a challenging and complex legal situation. If you have been wrongfully arrested and are facing jail time for something you didn't do, it's crucial to take immediate legal action.

The first step should be to consult with a criminal...
View More

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Arizona on
Q: IT IS ORDERED that the Defendant shall contact and meet with his attorney in person no later than three weeks from date.

3 days from IPTC still the incarc. defen. Has been unsuccessful reaching his attorney to discuss the case what should the defendant do?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

If you, as the defendant, are unable to reach your attorney, you should document all attempts you've made to contact them. It's important to act promptly by notifying the court of your efforts and the lack of response from your attorney. You may do this by filing a motion with the court... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Bad or good sign?

My court appointed criminal defense attorney withdrew from council on my case is that good or bad?

Brad Rideout
Brad Rideout
answered on Nov 1, 2023

It likely means they had a conflict, so they withdrew from your case. Usually, this is not good or bad. Your attorney must withdraw if they discover a conflict (something like they represented one of the witnesses, co-defendants, or victims in the past)

Usually, you can find out the reason...
View More

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Arizona on
Q: What should I do if I cant seem to get my attorney to contact me so that I can find out what's going on with my case.

I'm 3 days from my IPTC and despite the judges order that my attorney and I meet no later than 3 weeks after my last court date to discuss the case, I still cannot get my attorney to talk to me.what should I do?

Brad Rideout
Brad Rideout
answered on Nov 1, 2023

Keep on trying to contact your attorney, try by phone and email. To put your mind at ease, your IPTC is an informal non-appearance hearing so no real stress that your attorney not contacting you, for now, for this hearing your attorney not contacting you isn't going to effect the outcome of... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: I was a passenger in vehicle and was told they had probable cause to se a rch the vehicle and my purse for inventory

They only searched my bag and found meth I side and nothing else was searched and the vehicle was not towed nor impounded I was read right put I. Cuffs and was released was told. I'd have to appear in court in 3 months what should I do I have a fingerprint card I don't waNt to loose... View More

Brad Rideout
Brad Rideout
answered on Nov 1, 2023

There may be a search issue there with the search of your purse, if they searched the purse for inventory reasons but didn't ultimately take you into custody.

As for your fingerprints, unfortunately, all courts require you to get fingerprinted prior to your arraignment, even if the...
View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Are your rights automatically restored on a first felony conviction

State of Arizona charge was hindering the prosecution and I successfully completed probation

Brad Rideout
Brad Rideout
answered on Oct 30, 2023

Yes, your civil rights are automatically restored after your first felony, basically, that means your right to vote and your right to hold public office.

NOTE: you do not automatically get your gun rights back, you can request your gun rights back 2 years after the completion of your...
View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Can my partners probation officer make me take a drug test if we don’t live together and I’m not on probation?
Brad Rideout
Brad Rideout
answered on Oct 27, 2023

No the probation department has no court orders about your conduct. So you can refuse with no consequences to you.

However, there may be consequences for your partner. For instance, if they don't want your partner around you and they will only agree to allow your partner around you if...
View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Arizona on
Q: I was pulled over in a commercial truck and marijuana was found in the vehicle. It wasn't mine, it was another employees

Me and my boss are telling them it wasn't mine but they still want to charge me. What do I do!!

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 19, 2023

In Arizona, being found with marijuana in a commercial vehicle is a serious offense that could lead to criminal charges and affect your commercial driver's license. If you and your boss are asserting that the marijuana wasn't yours, gathering evidence to support your claim will be... View More

1 Answer | Asked in Constitutional Law, Federal Crimes and Criminal Law for Arizona on
Q: Can a prison guard call someone a snitch?

Can a prison guard call someone a snitch?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

It is not illegal. We have free speech in this country. However, while prison guards have certain leeway in how they interact with inmates, they are still bound by professional standards and codes of conduct. Labeling an inmate as a "snitch" can pose serious safety risks for the inmate,... View More

2 Answers | Asked in Criminal Law, Family Law, Real Estate Law and Child Custody for Arizona on
Q: I found a bag that has remnants of what could be crystal meth in my bathroom trash, its my kid's dad. What can I do?

We live in AZ. He lies a lot. We have a mortgage together. What can I do legally to find out and if it is, get him out of home and away from kids?

Stephen M Vincent
Stephen M Vincent
answered on Oct 2, 2023

You probably need to get it tested. Then once you find out it is meth, you need to ask him to submit to a drug test. If it's positive, you could use that as a reason to get temporary emergency custody (i.e., legal decision-making and parenting time) over the children.

If you're...
View More

View More Answers

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: When a search warrant has ( the four corners rule ) On the search warrant what is the reason for this

Said search warrant had only non residents on it yet covered in the broad east meaning possible Also what part of the warrant does the judge actually see when the four corners rule is used

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

"The four corners rule" in the context of search warrants refers to the legal principle that a judge should only consider the information contained within the four corners of the affidavit - that is, the written document itself - when determining whether there is probable cause to issue... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Can you get probation for aggravated assault with a deadly weapon in Arizona?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2023

In Arizona, whether or not you can get probation for aggravated assault with a deadly weapon depends on various factors, including the specific circumstances of the case, your criminal history, and the discretion of the judge. Aggravated assault with a deadly weapon is a serious offense, and... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.