You can absolutely sue. Your most likely claim would be intentional infliction of emotional distress. You have a really, really low potential for recovery, however. This is not a case I would personally take on a contingency fee basis (meaning you do not pay your attorney to take the case, the... View More

The Court can order a parolee returned to custody to finish the underlying sentence from which they were paroled when there is a parole violation. There are defenses to parole violations and the parolee should confer with their counsel to take advantage of any defenses they may be entitled to.

The search of the car may or may not have been legal regardless of whether you were found guilty or even charged with DUI. There are a lot of legal questions to determine whether the stop and ultimately the search of your vehicle was justified such as whether there was reasonable suspicion to stop... View More

If there is any possibility of jail, then the Court will appoint a lawyer for you at little or no charge if you cannot afford hiring private counsel. Even if the prosecutor is not seeking jail, the Court sometimes will still appoint a lawyer in the interests of justice and can ask for a public... View More

The argument would be that the deception (injury) was not discovered until more recently. This is called "tolling" of the statute of limitations because the injured party is unaware of the injury.

The problem will be finding legal representation to assist you with a complicated... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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,... View More

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... View More

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.... View More

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... View More

"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.

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... View More

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