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Arizona Criminal Law Questions & Answers
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 Contracts, Criminal Law, Elder Law and Identity Theft for Arizona on
Q: Who can i have look at this durable POA document that my mom signed for my sister in law and my brother? It looks wrong.

The only signature that's legit is my mom's 1 signature. And the 2 disinterested witnesses signatures are done by the same person. Who happens to be my sister in laws best friend. And I've never seen a notary that has handwriting like a child's. And all of the initials are not... View More

John Michael Frick
John Michael Frick
answered on Sep 29, 2023

If you have genuine concerns about the authenticity of a power of attorney, particularly one with handwritten and initialed changes, you should decline to accept it and request a clean version whose authenticity you don’t question.

1 Answer | Asked in Criminal Law, Federal Crimes and Medical Malpractice for Arizona on
Q: Can lying about a medical condition be considered medical fraud?

To get perks of said medical condition

Tim Akpinar
Tim Akpinar
answered on Sep 25, 2023

An Arizona attorney could advise best, but your question remains open for three weeks. Yes, it could be considered fraud. Don't do it. Good luck

1 Answer | Asked in Criminal Law, Employment Law and Sexual Harassment for Arizona on
Q: what should I do if I got sexually harassed at work by a coworker & management hasn't done anything about the incident?

this happened a week ago 09/08/2023 and I have not received a follow up about the situation, not report has been asked for me to file at work and I've just been told nothing can be done because he already quit. I don't feel like anything has been done about the station and an employee for... View More

Joel Friedman
Joel Friedman
answered on Sep 15, 2023

Good morning, sorry to hear about the situation at work and at least the person who was harassing you is gone. I'm a workers' compensation attorney and this question should be answered by an employment lawyer. You might want to try reposting your inquiry and limit it to employment and... View More

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: I am being accused of stealing in California but I live in Arizona. What will happen?

I did not steal the items. The proof is limited. The items missing were worth 2.2 thousand in value.

T. Augustus Claus
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answered on Jul 20, 2023

The situation may be a bit tricky since the alleged incident happened in California, but you reside in Arizona. Depending on the severity and evidence presented, you might face extradition to California for legal proceedings.

1 Answer | Asked in Consumer Law, Criminal Law, Constitutional Law and Native American Law for Arizona on
Q: Can I get a case thrown out if the incident happened on10/24/2022but issued a warrant on 5/3/2023. Why so late for that?

Was let go the day of the incident

Arrested but on a different case but was a misunderstood and let go

Recently issued a warrant

But when I was getting questioned I was getting questioned by the fbl or Dea about a different case that has nothing to do with me

James L. Arrasmith
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answered on Jul 10, 2023

It's important to consult with a legal professional to understand the specifics of your case and address your concerns about the timing of the warrant. They can review the details, assess any grounds for challenging the case or seeking dismissal, and provide guidance based on their expertise.... View More

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 and Federal Crimes for Arizona on
Q: hello what does exanoration of bond mean also surrender defendant

im just wondering what thos mean thats whats said on court dockets

Mike Branum
Mike Branum
answered on Jun 11, 2023

Exoneration of the bond means the Court will advise whoever put up the bond that it has been released and the bond holder is no longer liable.

Surrender defendant means the defendant showed up.

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, Family Law, Arbitration / Mediation Law and Child Custody for Arizona on
Q: Can a person use a private investigators findings in court
John Michael Frick
John Michael Frick
answered on May 19, 2023

I’m bothered by the word “findings.”

Generally speaking, a private investigator would be called as a witness and is able to testify from personal knowledge what he did, what he saw, what an adverse party told him, and what other people said which may be an exception to the hearsay rule.

1 Answer | Asked in Criminal Law and Domestic Violence for Arizona on
Q: If i have been sentanced in a criminal felony case but i feel my lawyer did not represent me using all the evidence

My lawyer neglected to show proof that i did not assult my sister with my car, she previously jumped in front of my brothers car with my niece inside the car, exactly the same situation as with mine and both my brother and niece wrote their account to help support the fact that she jumped in front... View More

Todd B. Kotler
Todd B. Kotler
answered on May 9, 2023

You need to hire another lawyer and (assuming you are within the statutory time limit for doing so) ask for either a reconsideration of your case (by the same judge) or an appeal. Your argument is ineffective assistance of counsel. Please, understand that this forum is NOT a substitute for hiring... View More

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