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Arizona Criminal Law Questions & Answers
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 »

1 Answer | Asked in Criminal Law for Arizona on
Q: Arrested for car theft thought he was buying car left him with keys no court date already held 9 days is legal?

He was under the impression he was buying it had written purchase agreement police refused to look at been held for more then 9 days no court no official charges PPPD private party public defender not doing anything will not speak to us or call us though hes released her to is any of this legal... Read more »

Michelle Villanueva Skura
Michelle Villanueva Skura
answered on Nov 29, 2021

While we do not have the specific details of his case, traditionally there is an initial arraignment hearing within 24 hours and a plea of “Not Guilty” is entered on the defendant’s behalf. At the arraignment the Judge determines the terms of the release conditions and the amount needed for... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: My husband is incarcerated and recently had his marijuiuna charged expunged by courts this charge was a enhancement

He has appealed to be released as he now completed his sentencing and is being held solely on the marijuina enhancement conviction which is now expunged due to Prop 207. His appeal was denied ? Is there a similar case law? Do you know what is the process of marijuima being used for enhancement on... Read more »

Mike Branum
Mike Branum
answered on Nov 27, 2021

I do not believe there is any case law on this situation yet. Your husband should work with his attorney. When you state that he "appealed to be released" I presume he appealed to the sentencing court. Now that he has been denied by the Superior Court, he will need to file with an... Read more »

1 Answer | Asked in Criminal Law, Divorce, Estate Planning and Domestic Violence for Arizona on
Q: My wife and i had a falling out after 20 years

My wife and I separated in 2018. I couldnt take the abuse from her anymore. In 2019 when driving down the highway she throat punched me and was hitting me one handed while doing 80 mph so I ripped the ebrake in total fear for my life. She was arrested on assault per domestic violence. We owned 3... Read more »

Rich J. Peters
Rich J. Peters
answered on Nov 6, 2021

So much to digest there. However, the overall concept of proof is an easy answer. What proof do you have? Pictures? Text messages? Emails? Eyewitnesses? There can obviously be even other methods of proof but I would need to know the details of each event.

Do you have a pending...
Read more »

1 Answer | Asked in Criminal Law and Family Law for Arizona on
Q: Does New Mexico extradite for felony charges?
Mike Branum
Mike Branum
answered on Oct 29, 2021

That will depend on whether or not the jurisdiction which charged the defendant indicated they requested extradition when the warrant was issued. Some warrants are extraditable and some are not. Most felonies are extraditable but the prosecuting agency may feel some non-violent felonies are not... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Arizona on
Q: Do they have 180 days to secure an indictment? Why would they close case open new one same charges different case number

I initially was arrested and released on a charge went through the whole court hearings go to sign my plea and the fill in Procecuter says to continue there's something more. So we continue and my lawyer says oh mix up with codefendants case # so scratch that and will continue for next hearing... Read more »

Mike Branum
Mike Branum
answered on Oct 11, 2021

Unfortunately this is standard procedure (at least in Mohave County where I practice, must be the same in Maricopa). The prosecutors can avoid having to prove their case before the judge and can just feed a bunch of nonsense to a grand jury and get an indictment. It's lazy and it SHOULD be... Read more »

2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Arizona on
Q: We’re separated, house is titled in one name. Both parties clearly have a financial interest in the house.

We were separated physically, but not yet legally. Can the spouse sell/refinance the house without the other persons knowledge? And conceal that they did that and hide the money? Criminal theft? Fraud? Domestic violence is also an issue. He took $88K

Mike Branum
Mike Branum
answered on Sep 24, 2021

You need to file for divorce and either you or your counsel will need to carefully review all financial documents disclosed. Not sure why the house is only "titled in one name." If that means that the house was a premarital asset or that you signed a quit claim deed surrendering your... Read more »

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1 Answer | Asked in Criminal Law for Arizona on
Q: In Arizona, how long can someone be incarcerated in county jail without formally being charged with a set of charges ?

My fiance' was out on pretrial services as well as on probation and was arrested for alleged crimes for which he has not yet been charged officially. The prior charges he was out on pretrial for, yes, and there WAS a probation revocation hearing set but has not been had yet. It seems as though... Read more »

Matthew Maerowitz
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Matthew Maerowitz
answered on Sep 20, 2021

Within 24 hours of arrest, he was supposed to see a judge to determine release conditions. From what you are saying this sounds like a probation hold. The probation officer has a lot of descretion and even if there not a new charge if the PO has a reason to believe probation has been violated,... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: I was arrested for shoplifting on 9/14/2021. I have a court date of 9/30. I want to get it expunged from my record.

I know I need a lawyer to represent me. What does the lawyer do on their part to do this. Why do I need a lawyer to do this. What do they do to get this to go through? It is my first offense. The shoplifting cost I took was $130.00.

Mike Branum
Mike Branum
answered on Sep 16, 2021

Arizona does not expunge criminal records (with the exception of marijuana possession charges and that has occurred in the last year). The arrest will be with you forever. You may be able to negotiate a deferred entry of judgment. Deferred entry would mean that if you stay out of trouble (usually... Read more »

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Arizona on
Q: If a misdemeanor was dismissed in virginia do I need to disclose it in an interview in Arizona?

Pleaded guilty but was dismissed in Virginia. Do I have to disclose the misdemeanor in an interview or asked?

Will a dismissed case affect my chances of getting hired ?

Mike Branum
Mike Branum
answered on Sep 10, 2021

Ah, the lawyer's favorite answer: "It depends."

If the question is: "Have you ever been charged, arrested, accused, etc. of a crime (if they either do not specify or specifically mention misdemeanors)?" then you would be untruthful if you replied in the negative....
Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Arizona on
Q: o you have the right to defend yourself from an arrest that you know is unlawful with the same force that the officer is

doing to you?

Mike Branum
Mike Branum
answered on Sep 3, 2021

I wouldn't recommend it. Technically, yes, but dead right is still dead. The appropriate time to challenge the legality of an arrest is not mid-arrest.

The answer would have been markedly different in Arizona in 1871 but this is 2021. Law enforcement has Motorola. Even justified use of...
Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: What if you didnt know you was breaking the law and was told by your parole officer that itwas ok to cut you monitor off

It was cut off for medical reasons

Mike Branum
Mike Branum
answered on Aug 29, 2021

"Ignorance of the law is not a defense."

Someone, at some point, told you that tampering with the monitor could result in additional charges. I wouldn't try telling the Court that your PO said it was okay. I don't see that going well for you.

1 Answer | Asked in Criminal Law for Arizona on
Q: if a class 1 misdemeanor (shoplifting) is found guilty will that person spend time in jail? if so for how long(State Az

Can it Be Expunged, if the person has no previous criminal record

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Aug 16, 2021

Whether the prosecutor is seeking jail and/or the judge imposes jail depends on a lot of factors including the value of items and criminal history. Maximum jail for a class 1 misdemeanor is 6 months jail. There is no mandatory minimum jail for misdemeanor shoplift. For a first offense a lot of... Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Arbitration / Mediation Law for Arizona on
Q: Re U-Haul charges for stolen truck under my name. I did get the insurance on the truck and will be pressing charges

U-Haul still wants to charge me for stolen vehicle and who know what else.

I want to know what is the first best route to start this legally. Should I arbitrate or go to court...based on not much experience.

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2021

An Arizona attorney could advise best, but your question remains open for two weeks. There could be provisions in your agreement that address arbitration. Some contracts have clauses that require arbitration over court - some contracts do not have such clauses. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law and Juvenile Law for Arizona on
Q: What would be the consequences of a 17 year old who takes advantage of older men and ends up getting them in trouble

Playing the victim and letting these men think beforehand that it was love and was trusted even at times being lied to saying they were an older age. Sending pictures and instigating it

Mike Branum
Mike Branum
answered on Aug 6, 2021

I cannot think of any earthly consequences, civilly or criminally. The burden is on the "older men" to be wise enough not to be ensnared by any wily 17-year-olds. Once a male present in the State of Arizona turns 19, anyone under 18 is off limits.

Any female "sending pictures...
Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: My son's public record reads Disposition: Court Dismissal" What does that mean?

My son has a drug charge that he has not had to pay any fines on and spent less than 10 hours in jail. We live in a different county but same state. Issued a probation officer from county where we live who has indicated to my son he has a warrant for probation violation [did not do drug testing]... Read more »

Brian C. Soto
Brian C. Soto
answered on Jul 15, 2021

I would highly recommend contacting the clerk of the court directly. Often times defendant’s are charged with multiple counts and may have, as part of a plea agreement, had some counts “dismissed by the court” while being convicted of a separate count.

Hopefully, your sons case is...
Read more »

1 Answer | Asked in Animal / Dog Law, Criminal Law, Civil Litigation and Small Claims for Arizona on
Q: The person we had TEMPORARILY caring 4 our dog as we searched for a place to live, is trying to keep him. What can I do

Someone had been watching our dog as we looked for a place to live. Among other things, the pandemic prolonged the time it took to do so (4 months). Right before we were to contact the guy to get our dog, he randomly texted and said he killed the dog and threw him in the fire. Devistated, we... Read more »

Mike Branum
Mike Branum
answered on Jul 2, 2021

Unfortunately, it is not as easy as merely requesting a civil standby. I have not filed a case like this personally, but I believe you should be able to file a case in justice court instead of at the superior court level since all you are seeking is possession of the property (dog). The fees will... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: What consequences am i looking at when i go to court on a charge b-1805 shoplifting?
Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Jun 28, 2021

So it's actually 13-1805, which is the Arizona statute for shoplifting (my guess is that the charges on the complaint were handwritten and the officer's "13" looks like a "B"). As a result, I'm assuming this is misdemeanor shoplifting in which case the maximum... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: My son is 17, was detained by border patrol in Az. He was not charged or arrested for anything. Car & phone seized.

How can we get his property back? Did they have the right to seize it if he was not charged w/ anything?

Brian C. Soto
Brian C. Soto
answered on Jun 18, 2021

It is not uncommon for Border Patrol to catch and release individuals they suspect are involved in criminal activity.

The agents seem to have a great deal of discretionary power in this regard.

It may be in your son’s best interest to speak to a federally licensed attorney as he...
Read more »

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