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Arizona Criminal Law Questions & Answers
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...
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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...
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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...
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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
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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
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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...
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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
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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
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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

1 Answer | Asked in Criminal Law for Arizona on
Q: Is it lawful to manufacture evidence?

The District Attorneys opposition to my writ of error Coram nobis was adopted and used verbatim in stead for the findings of facts conclusion of law and order with all of its egregious misinformation and caused my writ to be denied , is this lawful?

John Michael Frick
John Michael Frick
answered on Sep 3, 2023

No it is not lawful to manufacture evidence.

It is common for a court to use large portions of a party’s well-written and reasoned opposition in its decision denying the relief requested. There is nothing inherently wrong or suspect about that.

If you want a second opinion on the...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Can they charge me with 2 charges if I only got into a house?

CHARGE CLASS CHARGE DATE CIT # PLEA DISPOSITION DISP DATE

D 1 1 2 30-16-4(A) & 31-18-1 Aggravated Burglary (Deadly Weapon) F2 08/31/2018 Conviction - Plea 03/04/2019

D 1 2 2 30-16-3(A) & 31-18-1 Residential Burglary F3 08/31/2018 Conviction - Plea... View More

T. Augustus Claus
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answered on Aug 11, 2023

In Arizona, if you unlawfully enter a house without permission, you can potentially be charged with multiple offenses depending on the circumstances. For example, you might be charged with criminal trespass for entering someone's property without authorization. Additionally, if you intended to... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: How to defend possession of drug paraphernalia found in vehicle that neither party claimed. Is not defendants P.O. testi

Police officer said will speak to judge for defendant

Josephine Pesaresi Hallam
Josephine Pesaresi Hallam
answered on Aug 7, 2023

The answer the possession charges are fact specific. So: who owned the car? Where was everyone sitting in the car in relation to the drugs? What is everyone’s criminal history? Were the drugs found in anyone’s bag or under anyone’s chair? Were the frustum plain sight?

Is there a...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Why do charges get dropped?

I was raped and physically assaulted by someone I know. He was arrested and being charged with multiple felonies, but the charges were dropped. I haven’t gotten an explanation as to why. Who makes the decision? What are some common reasons why charges, especially felonies, would be dropped?

T. Augustus Claus
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answered on Jul 6, 2023

I'm really sorry to hear about your traumatic experience.

The decision to drop charges is typically made by the prosecutor's office handling the case. Common reasons for charges being dropped can include insufficient evidence, witness credibility issues, concerns about a fair...
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1 Answer | Asked in Criminal Law for Arizona on
Q: I just found out that I have a misdemeanor bench warrant in another state from 2009. Process for getting that quashed?

I just found out that I have a misdemeanor bench warrant in Idaho for failure to appear. I have a new job that ran my background and found it. I need to resolve this, ASAP so I can start my job. In 2009, I had a misdemeanor DUI ( first offense ). I did community service and paid a small fine.... View More

Dwane Cates
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answered on May 26, 2023

Your best bet is to hire a lawyer in the same area as the court. Sometimes they can file a motion to get the warrant Quashed and get you some time to complete the classes. Sometimes the judge makes you appear. If there is a bond on the warrant you can pay the bond and ask to have a telephonic... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Can I get another attorney from same law firm if first attorney has not doing what we've asked?

The court appointed attorney but he never returned calls or emails so we hired a law firm for my son and the attorney they appointed to him has not filed for a bond reduction that we had asked him to do 4 months ago. He just says he dont think they will lower bond. We are from out of state. My son... View More

Dwane Cates
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answered on May 25, 2023

The lawyer works for you. If you are not happy with your lawyer you need to communicate that to them and give them a chance to make things right. If nothing changes, You can ask the managing partner of the firm to give you a new lawyer. If they will not or you are not satisfied with their... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: Can A minor being charged with a crime be interviewed without a parent or attorney present..

Also can the News Media have rights to broadcast a minor identity as well as false information

James L. Arrasmith
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answered on Apr 6, 2023

In the United States, a minor who is being charged with a crime generally has the right to have a parent or attorney present during questioning. This is to ensure that the minor's rights are protected and that they are not coerced into making statements that could incriminate them.... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Arizona on
Q: Does rule 8 of criminal procedure apply to DUI/DWI cases in Arizona?

I was pulled over for suspicion of DUI in late January and was released from jail the following day. I was charged with the DUI in September.

Matthew Maerowitz
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Matthew Maerowitz
answered on Apr 6, 2023

Yes, Rule 8 applies; however, this is different from the statute of limitations. The statute of limitations is the time the prosecutor has to file charges whereas Rule 8 involves your right to a speedy trial after charges are already filed. For a misdemeanor DUI the prosecutor typically has up to... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: In Arizona criminal case my codefendant confessed to cop that they did it. Can they still prosecute me?

Dangerous Drug/ paraphernalia posession,under threshold. Co-defendant confessed to putting it in my pocket when pulled over for traffic violation. He claimed full responsibility for it 2 times, 2nd time post miranda

Zachary Divelbiss
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answered on Mar 7, 2023

Yes, even if your co-defendant admits to possessing any or all of the drugs, you can also be charged. There are a few different reasons why that are going to depend on your specific case. First, it could be a false confession that the evidence doesn't support. Second, you can still be in such... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Dangerous Drug charge isn't there a way on a first offense to have the felony dropped to a mischdemeanor?
Zachary Divelbiss
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answered on Mar 3, 2023

Yes there is. It is not easy to get and there is definitely no guarantee that it will happen. The first thing to do is to hire a private lawyer because it is very rare that you can get this kind of outcome without a private lawyer. The lawyer will work to negotiate a deal down to a misdemeanor. The... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Arizona on
Q: What might my sentence be for a criminal speeding ticket in AZ for a first time offence?

I was driving and I sped up to make it past the light that I felt was about to turn yellow. There was only one other car on the road and it was a truck in the next lane. I passed the truck but started to slow down once I made it past the light, but the truck was following me and it was dark.... View More

Zachary Divelbiss
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answered on Feb 28, 2023

Based on everything you said, you should be hiring a lawyer to handle this for you. Every case is different so it is not possible to tell you what you will get unless you hire someone. We have seen some judges give people 3+ days of jail for criminal speeding first offense. Other judges might be... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Is there anything in mohave county criminal law called a Donald plea or Donald trial pertaining to a theft for means of

For means of transportation

Zachary Divelbiss
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answered on Feb 28, 2023

Most felony courts refer to this as a Donald Advisement. This is where the prosecutor is required to say out loud to the judge and the rest of the court what the current plea offer is. They also state if the defendant has any prior felonies and whether they are category 1, 2, or 3 if you lose your... View More

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