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Arizona Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: AZ. Vehicle traffic stop for a taillight out. Baggie of medications (various pills) + an insulin syringe in plain sight.

When asked about bag of meds, Driver informs officer he is a Type 1 Diabetic but ran out of insulin, & is on the way home to retrieve spare insulin vial.

Driver also wearing a CGM (blood sugar monitor) & high blood sugar alarm repeatedly goes off during interaction. Would the... View More

Steven Scharboneau
Steven Scharboneau
answered on Oct 1, 2022

It would depend on what happened after the officer saw the medication and the syringe. If you are saying that the officer used that observation to extend the traffic stop for the tail light to investigate into drug possession--there may be a Forth Amendment issue here. The USSC has said there are... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: Formal felony charges filed August 11 2022 on arrest date of March 18 2022. Notification was returned due to wrong addre

The apt # was not included in the mailing address, but was readily available in my records. The court issued a failure to appear warrant on 9/11/2022. I found docket online, and tried to show up for court. I made motion to correct the courts error in my mailing address on 09112022. The court... View More

Steven Scharboneau
Steven Scharboneau
answered on Oct 1, 2022

The warrant can easily be dealt with. If it isn't dealt with, you will be arrested by law enforcement next time you have police contact. It sounds like there may be a service issue here, but it needs more attention and investigation from a criminal defense attorney. If you are facing criminal... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: when accused of a crime does the police need to let you know who is accusing you?
Steven Scharboneau
Steven Scharboneau
answered on Oct 1, 2022

The police do not necessarily have to tell you, but the government does have to tell you eventually in most circumstances. You have a Sixth Amendment Right under the United States Constitution to face your accusers and ask them questions in court. Usually a person accused of a crime will find out... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: If I bring my prescription into court on my court date will the judge verify that it is actually mine

Or will they just visually see that it has my name and information on it and if it is expired medication yet still mine I am able to possess that still correct.

Thomas M. Fleming
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answered on Sep 24, 2022

I’m not sure why you want to bring in prescription medication into court but I will presume it is to provide evidence of legal possession (versus illegal possession) of a drug. This can be a very perilous act, and can backfire in many different ways. Please first consult with your lawyer (or if... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: In 2018 the court set aside my disorderly conduct and my record from the Glendale Municipal Court states “13-907.01” ?

This was originally a 1 night stay in jail, but my legal guardians spoke to the judge to keep me for longer & the judge was forced to make my charges worse. It is a Disorderly Conduct (Domestic Violence) charge, that in 2018 was set aside with my parents in court by a judge.

I just... View More

Steven Scharboneau
Steven Scharboneau
answered on Sep 10, 2022

I'd have to look more into this. That said, if you were a juvenile at the time there could be options for having your record sealed all together. Also, there is a new law that will go into effect on 1/1/2023 that will provide an avenue for expungement in Arizona. This may be something you want... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: Can I be detained on property waiting hours for warrant. And when do I get property back after charges were dropped

There were 3 of us on my locked property who were detained for 4 hours waiting for a search warrant. We went to jail and released 5 days later with no explanation no court visits and no return of property. Can they use any evidence collected from that search to bring up charges later down the road

Steven Scharboneau
Steven Scharboneau
answered on Sep 10, 2022

The answer is it depends. There is a lot more information I would need to know to accurately answer that question.

If you were placed under arrest and there was sufficient probable cause for the arrest, then police can hold you until they get a warrant for a search. If they did place you...
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1 Answer | Asked in Criminal Law for Arizona on
Q: Do all Arizona criminal cases need to be presented to a grand jury to proceed in court?
Steven Scharboneau
Steven Scharboneau
answered on Sep 5, 2022

No. Felony cases can be brought before a grand jury or there can be a probable cause hearing during the preliminary hearing phase. This can be a witness or a non-witness hearing. Misdemeanor cases need neither and can be charged simply by the prosecution filing a complaint. Also, it is important to... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Arizona on
Q: Whats it mean on a minute entry/order if it says WARRANT AND BOND ARE CONFIRMED?
Steven Scharboneau
Steven Scharboneau
answered on Aug 28, 2022

Thank you for the question. It could mean that a bench arrest warrant was issued. I would need more context to be able to answer the question accurately. If indeed an arrest warrant was issued, if you come into contact with law enforcement they will arrest you and take you to jail. You should reach... View More

1 Answer | Asked in Criminal Law for Arizona on
Q: I need a probono lawyer for my daughter who is already in prison and was due to be released today .

Now the saying she can not be released due to probation violation and an additional shoplifting charge .

Steven Scharboneau
Steven Scharboneau
answered on Aug 22, 2022

I'm sorry to hear about this situation. Depending on the specifics, your daughter will likely be appointed a public defender at no cost to her or you. If you'd like to speak to a criminal defense attorney, most attorneys in this field (including myself) offer a free consultation.

1 Answer | Asked in Criminal Law for Arizona on
Q: I was put in jail for 28 days for probation violation on July 21st for being in another state I go to court on the 17th

Come to find out I was no longer on probation I've been off since April

Steven Scharboneau
Steven Scharboneau
answered on Aug 18, 2022

Thanks for your question. This sounds very troubling and in order to answer your question completely, I'd need to do some research and investigate more. To do that, I'd need a lot more information from you. Most criminal defense attorneys (including myself) offer free consultations. If... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Arizona on
Q: What constitutes possession of a firearm in Arizona?

My friend is a prohibited possessor. His wife put a handgun under their seat with the intention of taking it to the police department because she found it in a park where there were children playing. My friend was unaware of it's presence. He was stopped and the police officer charged him with... View More

Steven Scharboneau
Steven Scharboneau
answered on Aug 14, 2022

A prohibited possessor charge in Arizona is actually called "Misconduct Involving a Weapon" and is a class 4 felony. This charge carries the potential for years in prison and depending on a person's prior criminal convictions, this charge could be a prison mandatory charge.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: Revocation Hearing, Board said inmate WAVED to reinstate . Inmate told waving right to an atorney. Another hearing?

Inmate NEEDS supervision reinstated. It would have been granted but Board said Inmate WAVED- Inmate did not intentionally WAVE- He was misinformed when signed paper. What can inmate do now to get RELEASED?

Steven Scharboneau
Steven Scharboneau
answered on Aug 4, 2022

Thank you for your question, but I'd need to clarify some of the finer points to give a more accurate answer. First, was this a revocation hearing to revoke probation? If so, what type of probation? Also, I'm interested to know more about the board that said that rights were waived and... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: What happens now that I have a warrant for my felony drug case?

One month I didn't check in because I was kicked out of my place to stay the next month I was in process of homeless assistance and trying to get a place before I spoke to my probation officer so I didn't get violated and when he went to old residence I wasn't no longer there now I... View More

Steven Scharboneau
Steven Scharboneau
answered on Aug 4, 2022

There is not enough information here to give you exact information. However, if you are facing current charges and a warrant was issued for your arrest due to a failure to appear, you could face arrest and revocation of your release conditions. If, on the other hand, you have not checked in with... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: I have a class 6 undesignated felony i have not paid probation fees from almost 10 years ago. Should I petition or pay

I was aon probation at 19, it lasted 18 months. I'm 30 now and was told when done with probation I could petition to have my felony dropped to misdemeanor but my probation fees have gone to collections now. Do I pay or can I petition without paying. I should add I did not just choose to not... View More

Steven Scharboneau
Steven Scharboneau
answered on Jul 27, 2022

The answer is, it depends on what is in the plea agreement. Is there language in the plea agreement that requires the fulfillment of all of the conditions of the sentence (this is known as "earned misdemeanor language") or is the plea agreement silent to this effect? The statute for... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody, Probate and Estate Planning for Arizona on
Q: What’s your opinion of the probate process?Under what conditions do you recommend a Living Trust?

How do I protect my children from abusive relatives if something happens to me?

How long will it take to set up my Trust?

Nina Whitehurst
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answered on Jul 11, 2022

Probate is expensive, time-consuming, difficult and public. I am not a fan. I do try to design plans for my clients that avoid probate.

You can help protect your children from abusive relatives if you put their inheritance in a trust with a professional fiduciary in charge. That way an...
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1 Answer | Asked in Criminal Law, Divorce and Family Law for Arizona on
Q: In Arizona can I make a Police report on a criminal case on a bigamy charge ??

In Arizona can I request a case on criminal charges with the police?? In a bigamy case

Stephen M Vincent
Stephen M Vincent
answered on Jul 6, 2022

Yes, you may report bigamy, as it is a crime.

The decision to press charges belongs to the police and the prosecutors.

1 Answer | Asked in Criminal Law for Arizona on
Q: How do I proceed when arresting officers, public defender also judge are coercing/ bullying me and requests for change o

Change of lawyer are ignored and forcing me to stay with current lawyer who can't be trusted even. A little bit please help

Mike Branum
Mike Branum
answered on Jun 28, 2022

You are entitled to representation. You are NOT entitled to different representation because you do not approve of the representative provided to you. Your option is to find a way to pay for private counsel. Otherwise, your lawyer is your lawyer unless a conflict of interest arises (conflict of... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on
Q: Can the police make you open yoir gate at gun point and search home ans yard and break into safe without a warrant?

They entered the yard handcuffed him at 10am searchead his home and found his safe broke into it found drugs and money and arrested him and served him aearch warrant at 120 pm while already in jail is that even ligal i thought you needed a warrant to search premises and their body cams were off... View More

Dwane Cates
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answered on Jun 3, 2022

Generally speaking, the government needs a search warrant to search your home. There are some exceptions such as exigent circumstances or imminent danger. You indicated that they served a warrant him later in the day. What really matters is when was the warrant issued by the Court. Again,... View More

2 Answers | Asked in Traffic Tickets, Criminal Law and DUI / DWI for Arizona on
Q: As passenger in a vehicle should I be held accountable for something that was found in the vehicle during a traffic stop

I was getting a ride from acquaintance . I was sitting front passenger seat of a mini van.

I just got into the vehicle not only two miles down the road the cop pulls him over for making an illegal turn. The vehicle ended up being searched and the cops found a bag carrying illegal... View More

Andrea Short
Andrea Short
answered on May 9, 2022

The simple answer to your question is to have a consultation with a lawyer and eventually hire a private defense firm to represent you.

This is very important because it is very common that situations like this happen and you are going to want private attention with a lawyer who is there...
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1 Answer | Asked in Criminal Law for Arizona on
Q: I was arrested for theft by fraud , but wasn’t charged .They confiscated cash from my paycheck I had can I Get it back
Andrea Short
Andrea Short
answered on May 5, 2022

Hello! Getting arrested for fraud/theft is always going to be a sticky situation because there are so many factors that will contribute to the type of legal advice I can give.

First and foremost, I recommend speaking with us to have a free consultation so we can go over the specifics as it...
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