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Arizona Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Sexual Harassment and Criminal Law for Arizona on
Q: I would like to know if which lawyer is recommended in sexual misconduct cases of detention officer abusing his post.

Occured last December at the Yuma county jail. It happened to my boyfriend and several other inmates within the same pod. The detention officer was masturbating and finished at the inmates door while they tried to sleep.

Mike Branum
Mike Branum answered on Feb 7, 2022

You would need to report this behavior to the Yuma County Sheriff. If you get no response there, you would next turn to the Arizona Office of the Attorney General.

While it is possible the inmates could sue in civil court, without an investigation and findings from a law enforcement agency,...
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1 Answer | Asked in Criminal Law for Arizona on
Q: If your arrested and charged with aggravated assault with serious injury, reckless handling/discharge of a weapon, diso

Disorderly conduct-fighting and endangerment then get a plea offer charging u with aggr. Assault and assault how did they come up with the assault charge that prev wasnt a charge?

Mike Branum
Mike Branum answered on Feb 7, 2022

The prosecutor has the ability to amend the Information to include new charges. Possibly a second victim or second incident? The defendant's defense attorney should be able to explain the charges.

1 Answer | Asked in Criminal Law for Arizona on
Q: How an I obtain information on an out of state sealed indictment only the police have been able to see 10yrs old?

I have tried to contact the courts and police departments in said out of state county to no avail.

Richard W. Noel
Richard W. Noel answered on Feb 3, 2022

My question to you would be "why do you need a 10-year-old indictment?" Generally grand jury indictments are sealed and you are NOT privy to them. They're secret proceedings. Being that it's 10 years old, you would need some grounds to convince the court to give you a sealed... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If the a prosecutor depends solely on 404b evidence to convict on a criminal case will the judge allow 404b evidence?

If the prosecutor depends on prior acts to get a conviction does that mean the case is weak? I'm being tried on a promiting prison contraband charge and I was never found in possession of the actual contraband. It was found in my living area.

Richard W. Noel
Richard W. Noel answered on Feb 3, 2022

Every piece of evidence in a case is always subject to a 403 analysis. That means if the evidence is good and can be admitted, it still must be shown to be "relevant" an "not unfairly prejudicial". Whether a case is strong or weak is entirely on a case-by-case basis and... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Arizona on
Q: Ex recorded a phone call between me and him for the police but he is a convicted felon is the recording inadmissible

Since he is a felon is the recording inadmissible or is it valid? Can police use felons to try to get things on you.

Richard W. Noel
Richard W. Noel answered on Feb 3, 2022

do you know how many criminal informants are felons? And every jailhouse snitch is probably a felon. So the answer is YES. Felons are used all the time to help secure convictions. That recording CAN be admissible. But that doesn't mean it MUST be. An experienced attorney who knows the rules of... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: How can I give the court a character letter if I don’t have the public defender’s information
Richard W. Noel
Richard W. Noel answered on Feb 3, 2022

Have you spoken with the defendant? You should be able to look up the case in the public record and it will list the Public Defender's information. Then you can call their office and figure out how to send them the letter (whether snail mail or email).

1 Answer | Asked in Criminal Law for Arizona on
Q: how much time would my husband be looking at for these charges Charge: 10 Counts of [POSS WPN BY PROHIB PERSONDANGEROUS

not his first time and has pending drug charges

Richard W. Noel
Richard W. Noel answered on Feb 3, 2022

Generally a Class 4 Felony can lead to a lengthy sentence. However, how long generally depends on how many priors one has. Presumptive sentence is 2.5-12 years depending on priors. That is per count. There's always a possibility of those being run consecutively (stacked) or concurrently... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I need legal representation immediately but I don't have any money can someone please help
Richard W. Noel
Richard W. Noel answered on Feb 3, 2022

A free attorney is a Public Defender. You need to request one from the court, who will make you jump through a few hoops to determine if you're indigent. If so, your case will be assigned to a public defender. As a former Deputy Public Defender I can say they have a horrible reputation from... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: if the witness was fabricated, how does the case still move forward from the initial arraignment?

can the accused (incarcerated presently) attend an arraignment without legal representation and no witness?

Richard W. Noel
Richard W. Noel answered on Feb 3, 2022

Arraignments aren't a time for witnesses to be present generally. That's typically a Grand Jury indictment or Preliminary Hearing. If you cannot afford an attorney, one will be appointed to you. Usually before the arraignment. If you "can afford one" but didn't, the judge... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Arizona on
Q: Can I get out of jury duty for saying?

Can I get out of jury duty if I tell them my opinions wouldn’t be fair as a juror? Such as, I always side with law enforcement on every issue, which would make me too biased on the jury.

Richard W. Noel
Richard W. Noel answered on Feb 3, 2022

No attorney worth their salt would undermine the process of Jury Duty by telling you what you should say to get out of it. As much as people dread it, our society couldn't function without citizens willing to sit through trials and examine evidence to reach a conclusion.

1 Answer | Asked in Criminal Law for Arizona on
Q: In felony murder cases does everyone involved get charged or can the prosecutor decide who he will charge?
Richard W. Noel
Richard W. Noel answered on Feb 3, 2022

The prosecutor always has the last say in who will be charged with what, and that's generally based on the available evidence when the case is presented to them. However, in the case of felony murder, if you're in AZ, I would suspect that anyone present and "involved" in the... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If contacted by a detective about a stament I mabe do I need to talk to them
Richard W. Noel
Richard W. Noel answered on Feb 3, 2022

You're not obligated to speak with detectives at this point. However if you choose to, you really should only do so with an attorney present to represent you. Good luck.

2 Answers | Asked in Criminal Law for Arizona on
Q: If contacted by a detective about a stament I mabe do I need to talk to them
Brian C. Soto
Brian C. Soto answered on Feb 2, 2022

No, you’re not required to speak to detectives or any law enforcement for that matter. You have the right to remain silent and the right to have an attorney present during questioning. You must however expressly invoke these rights. Meaning you must tell the detective that you wish to remain... Read more »

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1 Answer | Asked in Criminal Law for Arizona on
Q: If a citizen isn't obeying traffic laws and pulls a gun and i feel threatened can i sue?

Civillian did not obey the driving laws and pulled over multiple times. He impeded traffic for about 5 minutes and did not use turn signals. The final time he pulled over and pulled a gun on me when i did not exit my vehicle and I felt threatened. I have footage of the incident.

Mike Branum
Mike Branum answered on Jan 31, 2022

You can absolutely sue. Your most likely claim would be intentional infliction of emotional distress. You have a really, really low potential for recovery, however. This is not a case I would personally take on a contingency fee basis (meaning you do not pay your attorney to take the case, the... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If your imprisonment is reinstated after a probation violation, how much time is served?

If the defendant had their sentence reduced, I was wondering if the imprisonment reinstatement is the remainder of the time they should have served or if the sentence for the PV is entirely separate to be determined by the court.

Mike Branum
Mike Branum answered on Jan 21, 2022

The Court can order a parolee returned to custody to finish the underlying sentence from which they were paroled when there is a parole violation. There are defenses to parole violations and the parolee should confer with their counsel to take advantage of any defenses they may be entitled to.

1 Answer | Asked in Criminal Law for Arizona on
Q: Car searched for impound inventory drugs found. Charge that got car impounded never filed. Why still facing drug charge?

I mean DUI charge never filed and was only arrested for suspicion. If DUI since wasn't prosecuted why would I still have to face the drugs that only got found because of the DUI case

Matthew Maerowitz
Matthew Maerowitz answered on Jan 13, 2022

The search of the car may or may not have been legal regardless of whether you were found guilty or even charged with DUI. There are a lot of legal questions to determine whether the stop and ultimately the search of your vehicle was justified such as whether there was reasonable suspicion to stop... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Do you know of any lawyers in mesa, arizona that are willing to take a criminal case pro bono?
Matthew Maerowitz
Matthew Maerowitz answered on Jan 13, 2022

If there is any possibility of jail, then the Court will appoint a lawyer for you at little or no charge if you cannot afford hiring private counsel. Even if the prosecutor is not seeking jail, the Court sometimes will still appoint a lawyer in the interests of justice and can ask for a public... Read more »

1 Answer | Asked in Real Estate Law, Criminal Law and Civil Rights for Arizona on
Q: What extenuating circumstances are there to push the statute of limitations on conversion of property?

My mother has clinical depression and was advised to not sign any documents. My mother and father were never married and were separated. My mother living in the home alone fell victim to fraud on “refinancing” but lost her home, about 2007. We (my mother and 5 children living in the home) were... Read more »

Mike Branum
Mike Branum answered on Jan 11, 2022

The argument would be that the deception (injury) was not discovered until more recently. This is called "tolling" of the statute of limitations because the injured party is unaware of the injury.

The problem will be finding legal representation to assist you with a complicated...
Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Arizona on
Q: Can I include violations of Criminal Code § 13–2907.02 in a family law case or is it a matter for the police?

Making it trickier, I live in another country, my ex lives in another state and Tucson AZ retains jurisdiction of the children. False reports have been made against me elsewhere but mostly and repeatedly in Arizona. I have a long documented paper trail of proof but have no idea where to start. Is... Read more »

Stephen M Vincent
Stephen M Vincent answered on Dec 13, 2021

Are you wanting to know how you can get the Court to consider the information?

If so, the best way is to use it as an exhibit at trial. To be eligible to be used as a trial exhibit, you need to disclose it to the other side at least 60 days before trial, you need to follow the Court's...
Read more »

1 Answer | Asked in Criminal Law, Small Claims and White Collar Crime for Arizona on
Q: How can I prove ownership of the vehicle when it's titled in someone else's name?

I bought a vehicle in June 2021, received an open title & written bill of sale, but never registered it in my name. Fast forward to beginning of Nov, my husband asked a family friend to borrow $100 & told them he could pay back $10/day, but warned the payments would be sporadic. The friend... Read more »

Mike Branum
Mike Branum answered on Nov 30, 2021

Probably, but you will likely have to go to small claims court to do so. You would need to file a small claims court case for the current market value of the vehicle (because you cannot seek injunctive relief in justice court - "getting your title back" is injunctive relief). If you win... Read more »

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