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Arizona Criminal Law Questions & Answers
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

1 Answer | Asked in Criminal Law for Arizona on
Q: I am SMI and went crazy and got a f6. No one was hurt. I am suicidal about this. Can suicidalness get case dismissed?

I am smi. I thought drug traffickers were trafficking children. I am now suicidal about my felony. Can my suicidalness get my case dismissed?

Zachary Divelbiss
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answered on Feb 28, 2023

No. In almost every situation, you cannot get a case dismissed due to suicidal inclinations or attempts. That is not a legal defense to your charges. There are situations where the life circumstance of someone can change and that could cause a case to be dismissed. In one example, someone is... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Federal Crimes for Arizona on
Q: If someone who is law enforcement does something illigal to you can they take a statement or claim from you legally?
Zachary Divelbiss
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answered on Feb 28, 2023

If someone is working as an active duty police officer, then they have to act in a professional manner consistent with their training. If they do something illegal then they should be reported. If something they did violated your constitutional rights and they charged you with a crime then you... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: If p.o has 10 days to serve warrent after back in custody but doesn't serve for 17dsys can I be released for that
Zachary Divelbiss
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answered on Feb 28, 2023

Warrants have many strict rules that if they are not followed and executed correctly then they can be dismissed. However, you seem to be saying there was a 10 day limit on an arrest warrant. I have never seen a deadline to execute an arrest warrant.

It is common with search warrants that...
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1 Answer | Asked in Criminal Law and Personal Injury for Arizona on
Q: Can an assault victim sue the apartment complex for having fake security cameras? How about sueing the suspect?

I was assaulted in my apartment complex parking lot by a neighbor. Im a disabled veteran and i was helpless. He was beating me up for 5 minutes and the whole time im thinking that everything is getting recorded on 4 to 5 cameras that were around us. But police officers were familiar with this... View More

Freddy Saavedra
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Freddy Saavedra
answered on Jan 9, 2023

Sorry to read about the issues you are going through. I am a service connected disabled veteran and I empathize with your frustrations. In terms of your questions I will try to address them one at a time.

You may be able to obtain an order or protection against the assailant but I am not...
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1 Answer | Asked in Criminal Law and Family Law for Arizona on
Q: Why would a judge give a father sole custody when father have a criminal background? Mother do not have a record

From start of when we first started father failed five drug test nothing was done he got joint custody fast forward to now father have an domestic violence on him from starting a fight with his mom and step dad and had our daughter in the bathroom when his mom tried to check on our daughter he... View More

Stephen M Vincent
Stephen M Vincent
answered on Dec 29, 2022

It is difficult to answer this without knowing more, but the short answer to your question is the Court must have been more concerned about Mother than it was with Father. Perhaps the Court overlooked evidence. There are options to challenging the Court's ruling. I recommend you consult with... View More

3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Arizona on
Q: My daughter's ex who no longer resides here showed up to visit the kids with a baseball bat in his hand. legal or not ?

He says her new boyfriend verbally threatened him the night before.

Stephen M Vincent
Stephen M Vincent
answered on Dec 29, 2022

Obviously, he didn't bring the bat to play baseball with the child; he brought it to have a potentially violent confrontation with the boyfriend in front of the child. That is really problematic.

If there are orders in place, your daughter might want to consider seeking a...
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1 Answer | Asked in Car Accidents and Criminal Law for Arizona on
Q: I was in an auto accident that wasn't my fault exforman drugged me and caused me to be in this accident no dui ever

I'm being accused of crime I did not commit I had an individual living in my home who is working for my company and he spiked a drink put a bunch of drugs in a drink and I drank it not knowing and 5 minutes later I'm down the road wrapped around two other vehicles completely incoherent

Tim Akpinar
Tim Akpinar
answered on Dec 11, 2022

An Arizona attorney could advise best, but your question remains open for three weeks. Don't lose further time awaiting a response here from car accident attorneys. Those firms are generally plaintiff-oriented in negligence matters involving other motorists. If you haven't already done... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: If someone shot at your house and you took off after them and shot the person ? Why would you serve life for protecting
Mike Branum
Mike Branum
answered on Nov 22, 2022

Because you can only use deadly force to defend yourself from an active threat to your life. If you have to "take off after someone" you become the aggressor and could be found guilty of murder if your shooting them results in their death. A life sentence is the potential outcome of a... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Arizona on
Q: Can you be arrested for Aggravated DUI when your weren't even driving, in front of your house ,with no keys in your poss

Police report says I was observed consuming alcohol and was not even driving or in possession of keys and no ethyl alcohol in my system can the police lie like that on the police report and a year later initially file charges for Aggravated DUI?

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information you've provided, it seems unusual that you would be charged with Aggravated DUI a year after the incident if you were not driving, did not have keys in your possession, and had no ethyl alcohol in your system at the time. However, laws can vary by jurisdiction, and... View More

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