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Arizona Federal Crimes Questions & Answers
1 Answer | Asked in Federal Crimes for Arizona on
Q: My brother is in federal prison. He is terminally ill. Trying to get him a compassionate release. Can I fill out letter.

He is to I'll to file paperwork for compassionate release

James L. Arrasmith
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answered on Sep 11, 2023

I'm very sorry to hear about your brother's situation. You can indeed help your brother by drafting a request for compassionate release. To do this, you would generally start by reaching out to your brother's counselor or case manager at the federal prison to initiate the request;... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Federal Crimes for Arizona on
Q: If someone who is law enforcement does something illigal to you can they take a statement or claim from you legally?
Zachary Divelbiss
Zachary Divelbiss
answered on Feb 28, 2023

If someone is working as an active duty police officer, then they have to act in a professional manner consistent with their training. If they do something illegal then they should be reported. If something they did violated your constitutional rights and they charged you with a crime then you... 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, 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 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, Federal Crimes and Wrongful Death for Arizona on
Q: lets just say someones kids commit suicide to drugs, will the parents serve jail time because of that?
Dwane Cates
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answered on Nov 27, 2022

There is no simple yes or no answer to this question. It all depends on the circumstances surrounding the death. The parents involved should contact legal counsel and discuss the circumstances of this case.

1 Answer | Asked in Criminal Law, Federal Crimes and Internet Law for Arizona on
Q: Is this pediatricians encouraging parents to violate cp laws?

"Mink says pediatricians should ask parents to video-tape the episodes before performing invasive and often expensive tests that could be unnecessary."

Um.... Doesn't us code 2252 and 2251 prohibit people from recording their children engaging in these types of activities?... View More

Mike Branum
Mike Branum
answered on May 28, 2021

If a pediatrician asked a parent to videotape a behavior for diagnostic purposes, I believe a court would find such recording an exception to any law prohibiting such. If the person doing the recording was my client, I would ensure it is delivered to the physician as soon as possible after... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Federal Crimes for Arizona on
Q: What if cops took my cell phones & illegally erased videos (evidence) from my phones WITHOUT A warrant
Mike Branum
Mike Branum
answered on Feb 1, 2021

Illegal? Absolutely. Can you prove it? Maybe. It would require a previous backup to show what was there and a forensic examination of your phone to determine what was removed and when. You would need to be able to show that when the file was erased the phone was in police control.

The...
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1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: Stolen title, insurance fraud, and fraudulent title transfer

My ex stole my title, unsigned but yes with the bill of sale I was given showing proof of payment for said vehicle, it was MY title. my roommate signed said title and now is the owner of my vehicle. He doesn't have keys nor does he have the vehicle itself. I do. I need help. PLEASE

Mike Branum
Mike Branum
answered on Jan 12, 2021

I would hope if you are posting here that you have already contacted law enforcement and they were of no assistance. If not, you should contact the law enforcement agency for the jurisdiction and file a criminal complaint.

If law enforcement involvement does not resolve your issue, you will...
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1 Answer | Asked in Criminal Law, Federal Crimes, Internet Law and Sexual Harassment for Arizona on
Q: Pretended to being a criminal online

If someone pretended to be a criminal online and someone reported them, what could happen? This guy is an idiot and was using an app called "Whisper" and told people he was a rapist but never actually raped anyone, he was just getting off.. If he was reported, how much trouble could he... View More

Stewart Salwin
Stewart Salwin
answered on Apr 23, 2020

As to the first part of your question: A general criminal law principle known as the corpus delicti rule provides that a confession, standing alone, isn’t enough for a conviction. The rule is designed to prevent wrongful convictions, and originates from the phenomenon of false confessions.... View More

2 Answers | Asked in Criminal Law, Federal Crimes, Juvenile Law and Sexual Harassment for Arizona on
Q: A teenager molested a child for three years straight 6 years ago, Is there hope to get justice for that now? Arizona.

The Child was 8 and the Teen was 13 when it began. The last time it happened was when the child was 11 and the Teen was 16. It happened 6yrs ago so the child is 17 now and the teen should be 22. The dude has a young daughter now and we’re so scared he might do something to her. We don’t know if... View More

Zachary Divelbiss
Zachary Divelbiss
answered on Apr 16, 2020

If you are reporting a crime, you need to contact your local law enforcement agency.

Arizona felonies have a statute of limitations of seven years. However, certain crimes, such as this, may fall into a certain category where there is no statute of limitations. I will not go into further...
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2 Answers | Asked in Consumer Law, Criminal Law and Federal Crimes for Arizona on
Q: Can I get my office manager arrested for fraud if he was authorized user on the card.
Zachary Divelbiss
Zachary Divelbiss
answered on Apr 16, 2020

If you are reporting a crime, you need to contact your local law enforcement agency.

To quickly answer your question, ANYONE can commit fraud. I expect you have more details about what exactly it is that your manager is doing but just because someone is authorized to use a credit card,...
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1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Arizona on
Q: how do I legally create a militia in AZ? What can I not do?

I created a group that consists of 23 people. We have soldiers, cooking staff, registered nurses, maintenance crew, and a supply/inventory crew that would come together in the event of a total collapse of the government and the United States. I was thinking about having some of us register as NRA... View More

Zachary Divelbiss
Zachary Divelbiss
answered on Apr 1, 2020

As a criminal defense lawyer, I don't have the best answer for you. I recommend that you contact a lawyer who specifically deals with constitutional law as this is going to be up the alley of constitutional freedoms such as speech, assembly, etc.

On the criminal defense side of...
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1 Answer | Asked in Criminal Law, Federal Crimes and Internet Law for Arizona on
Q: Are there Pro-Bono Lawyers that help Criminal Case in Arizona?

My brother is being extradited back to Maricopa County from New Mexico. He has 10 counts of sexual exploitation of a minor for possession of internet porn. He was told by a defense lawyer found on the internet that it would be over $30,000 to defend him. He has no means. He has lost his job and is... View More

K. Bryan Goodman
K. Bryan Goodman
answered on Mar 3, 2020

A public defender or court appointed attorney will be appointed at the arraignment.

1 Answer | Asked in Criminal Law, Federal Crimes and Real Estate Law for Arizona on
Q: I am a surety for a property bond for my brother in a criminal case in federal court. I need help with a Bond Forfeiture

My brother has been sentenced and is serving his time currently. He was released on bail in 3/2019 and had no issues until a dirty drug test. He was required to appear before the judge and surrender earlier then his original surrender date in his sentencing. The court then exonerated the bond. The... View More

Gary Kollin
Gary Kollin
answered on Sep 12, 2019

You need to retain a lawyer in the federal district where the forfeiture occurred

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: complying with court orders and doing what im supposed to do as a good citizen does but im a known felon and easy target

I was outside a friends house at the end of driveway by the street polishing my motorcycle minding my own buis not aware of anyone home because nobody answered. The house was raided earlier that day before i showed up and i did not know this at this time however apparently there was a jacket found... View More

Mike Branum
Mike Branum
answered on Jul 19, 2019

Sounds like a very weak case. If you already have a past with the officer, he can arrest you even if he knows the charges will not "stick." If you have not had a preliminary hearing yet, that will be the opportunity for your attorney (PD or retained) to make the case that there is not... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Internet Law for Arizona on
Q: Can I be charged at all if someone commits suicide after watching a YouTube video that I posted a comment on?

A few years ago I left a comment in the comment section of a YouTube video. This video wasn't mine, but essentially dismissed the legitimacy of depression and similar mental illnesses. I said some pretty unenlightened things about depressed people in my comment (e.g. that they're... View More

Mike Branum
Mike Branum
answered on Jul 8, 2019

A) The statute of limitations (law setting a deadline by which charges must be filed or a claim made) has likely run on this event. B) Opinion is almost always protected speech unless it is inflammatory, contains untruths, or is damaging to a person's professional reputation. C) It is... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: Good day, how can I know if there is an arrest warrant against any person or, if applicable, an extradition order?

The intention is to know where the problem is (we already know that he has a problem) and try to attend to it.

Zachary Divelbiss
Zachary Divelbiss
answered on Jun 13, 2019

One of the best ways to see if someone has a warrant is to contact the Department of Public Safety at 602-223-2233. They will ask for your name and date of birth in order to look up if you have a warrant and will be able to tell you right then and there.

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: May an uncharged minor accused of a felony hire an attorney to defend the minor?

Grandparents are willing and able to pay legal expenses. Minor’s parents do not want grandparents involvement. Minor does want grandparents help. Minor needs legal help. Parents have not obtained legal assistance.

Zachary Divelbiss
Zachary Divelbiss
answered on Mar 26, 2019

This is an interesting predicament you are in because of the individual needing help being a minor. The fact that the minor is involved means the parents or legal guardians need to be involved but not as much as you might think. They need to be present for court and that's about it for most... View More

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