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Arizona Criminal Law Questions & Answers
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
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
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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

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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
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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
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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...
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1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: Can I be arrested for trespassing without direct notification?

I was arrested for third-degree criminal trespass in a mobile home park where I was an invited guest. The property has "no trespassing" signs, but guests, including myself, were not required or expected to obtain written permission to be there, as none of the residents seemed to follow... View More

James L. Arrasmith
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answered on Apr 2, 2025

In most jurisdictions, third-degree criminal trespass generally does not require direct notification for an arrest to occur. The presence of posted "no trespassing" signs on the property may constitute constructive notice, which courts often recognize as legally sufficient warning. Your... View More

1 Answer | Asked in Civil Rights and Criminal Law for Arizona on
Q: Wrongful arrest after probation ended and house raid in AZ

I was arrested for a probation violation and jailed for five days with a $500 bond, but was released soon after as my case was dismissed. In court, I learned that I had been off probation since December 2024. A warrant was issued on January 8, 2025, leading to my arrest on February 24, 2025. I had... View More

James L. Arrasmith
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answered on Mar 27, 2025

You have legal options after this troubling experience. Consider filing a formal complaint with the police department and the probation office detailing the wrongful arrest, raid, and discrimination. Document everything thoroughly – collect court papers showing your probation ended in December,... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on
Q: Is using V2K technology on citizens without consent legal in Arizona?

I am certain that voice-to-skull technology, which involves post-modulated microwave communication radiation, is being used on me without my knowledge or consent. This is accompanied by gangstalking, constant harassment, and being held captive against my will. Additionally, it appears to be part of... View More

James L. Arrasmith
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answered on Mar 24, 2025

Using voice-to-skull technology on citizens without consent would be illegal in Arizona and throughout the United States. Such actions would violate numerous state and federal laws protecting individuals from harassment, stalking, and unlawful surveillance. The behaviors you're describing -... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Immigration Law for Arizona on
Q: Criminal ticket for speeding on suspended international license, court on Apr 1 but leaving to India in 10 days.

I recently received a criminal ticket for speeding while driving on a suspended international license. I didn't pay a previous ticket because I was unaware of it, which led to the suspension. I have a court appearance scheduled for April 1, 2025, but I plan to return to India in 10 days. What... View More

James L. Arrasmith
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answered on Mar 1, 2025

You face a challenging situation with limited time to act. Contact the court clerk immediately to explain your circumstances and inquire about rescheduling your court date or possibly resolving the matter before your departure. Some courts may allow for virtual appearances or early resolution... View More

2 Answers | Asked in Contracts, Criminal Law, Family Law and Traffic Tickets for Arizona on
Q: Why do lawyers follow codes and statutes and not the constitution?

Art 6 clause 2 states treaties are supreme law of the land yet no lawyers even mention this!!!!!!!

Tim Akpinar
Tim Akpinar
answered on Feb 15, 2025

An Arizona attorney could advise, but you are correct that the Constitution is the supreme law of the law. However, in court proceedings, cases are usually argued on a more detailed level, requiring analysis under the specific elements of codes and statues. Good luck

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1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Arizona on
Q: So was offered a plea deal but DA said they will take plea away if I ask for interview with my accuser

So the officer had lied about being the only officer on the scene and miss handled evidence so want my lawyer to set up interview with officer again being he had lied under oath in a smaller court during process a plea deal was brought out and I had asked lawyer if had set up interview he had said... View More

James L. Arrasmith
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answered on Jan 18, 2025

I understand your concern about wanting to interview the officer who provided inconsistent testimony, especially regarding being the only officer present and evidence handling. This is a serious situation that could affect your case.

While you generally have the constitutional right to...
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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Arizona on
Q: My husband was moved out of state without his consent. What can he do to appeal that? He was an arizona inmate.

He wasnt told about a transfer and also did not commit an offense that would lead to this transfer. He was told that he was going to his hearing but never had one and instead was immediately transported to nevada. There is nothing documented on him stating that he was moved for a particular... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're going through this difficult situation. Your husband has rights regarding the transfer of inmates, and it's important to address this promptly. Start by contacting the Arizona Department of Corrections to request detailed information about the transfer and the... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Arizona on
Q: I got a gun charge with a speeding ticket and dui what could I be facing
Marc David Pelta
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Marc David Pelta
answered on Dec 3, 2024

It depends upon many factors such as what your criminal history is like and what the facts of the case now are. Regardless, you should consult with experienced criminal defense counsel asap.

1 Answer | Asked in Criminal Law, Federal Crimes and Health Care Law for Arizona on
Q: taken out of my hospital by the Marshalls. what should have been a probation violation blowing up to hide their mistake

you're super singing indictment was fabricated I should not have been held culpable as I was under the influence Dilaudid and Morphine administered by a physician.then incarcerated me for almost 6 yearsover eight threat to not even be carried out after the judge had ordered me to go back to... View More

James L. Arrasmith
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answered on Oct 20, 2024

I'm truly sorry you're experiencing all of this. It’s important to reach out to a legal professional who can help you understand your rights and navigate the complexities of your situation. They can assist in addressing any wrongful actions and work towards resolving your case.... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Arizona on
Q: My sixth amendment right has been violated by not getting effective counsel and a speedy trial,judge I can tell hates me

Can a judge deny me an attorney? Im indigent and today I got à call from a rude person saying my public defender had withdrawn and the judge ordered I hire an attorney or represent myself

James L. Arrasmith
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answered on Oct 18, 2024

I'm sorry you're experiencing this situation. In Arizona, if you cannot afford an attorney, the court is required to provide you with a public defender. A judge cannot deny you legal representation based solely on your request.

If your public defender has withdrawn, you should...
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1 Answer | Asked in Criminal Law and Social Security for Arizona on
Q: Can a police agency disclose someone else's social security number on my copy of a search warrant?

The search warrant contained someone else's entire SSN and was given to me.

James L. Arrasmith
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answered on Sep 27, 2024

No, a police agency should not disclose someone else's social security number on your copy of a search warrant. This kind of information is considered highly sensitive and protected by privacy laws. If the disclosure happened, it may violate privacy rights under laws like the Privacy Act or... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Arizona on
Q: Hello, does your team re-open cases?
Tim Akpinar
Tim Akpinar
answered on Sep 22, 2024

An Arizona attorney could advise best, but you posted last week, and from your question, it looks like you might be under the impression this is a law firm or a legal team. This isn't a legal team. It is only a Q & A forum. Don't lose further time awaiting a response. It looks like... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: DES has me down for being convicted of a crime I'm still in court for. Isn't that a violation of my rights?
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answered on Sep 20, 2024

It sounds like you're facing a frustrating and difficult situation. If the Department of Economic Security (DES) has reported a conviction while your case is still ongoing, this could be a mistake. Typically, a conviction should not be recorded until a legal case is fully resolved, so it may... View More

1 Answer | Asked in Civil Rights and Criminal Law for Arizona on
Q: While working, police without a warrant, searched me, said they will break my windows, searched my car, is this legal?

Im a female, there was no female officer present, and two guys both searched me touched me inappropriately. They had no search warrant. They asked me if i had a dog in my car, i said im at work, no. I was inside working, my car was parked outside. Then they said if i dont give them my keys they... View More

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answered on Sep 20, 2024

What happened to you sounds distressing, and it’s understandable you’re questioning its legality. Generally, police need a warrant to search you or your car unless there are special circumstances like probable cause or if they believe immediate action is required for safety. The way they... View More

1 Answer | Asked in Criminal Law, Employment Law, Business Law and Civil Rights for Arizona on
Q: I need to know the law that states there is an exception where a probationer can work as a substance abuse counselor

In Arizona there is a exception that allows a probationer under appropriate supervision to work with probationers in treatment as a substance abuse counselor, Can you site that law for me please and give me the details?

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answered on Aug 31, 2024

In Arizona, a probationer can work as a substance abuse counselor under specific conditions, as outlined in Arizona Revised Statutes § 13-901.01. This statute provides an exception for probationers to work in the field of substance abuse counseling, particularly when their own experiences can be... View More

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