Lawyers, Answer Questions  & Get Points Log In
Arizona Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law and Constitutional Law for Arizona on
Q: What happens if the purse that a meth shard was found inside of isn't in evidence for trial?

The police said they found a meth shard inside of my sister's purse. There isn't no purse in evidence or on her property list when she was booked in what Happens if the see so called purse isn't present at trial?

Stewart Salwin
Stewart Salwin answered on May 3, 2020

The officer can still testify as to his observations. He is subject to cross-examination by the defense counsel. If there is a legitimate question as to whether the purse ever existed, that's something that could be argued at trial if a defense counsel, after reviewing the evidence in the... Read more »

1 Answer | Asked in Child Support, Civil Rights and Constitutional Law for Arizona on
Q: Is their an attorneywith guts enough to take on csp

I'm looking for a law firm of non emasculated males and non feminist females who are willing to take on child support services, for the reckless endangerment they pose against people in the arrears by garnishing, disaster relief funds in a time of crisis. This shows negligence in the that... Read more »

Gregory Byrnes
Gregory Byrnes answered on Apr 12, 2020

Generally, if you are able to afford an attorney in your jurisdiction you should be able to locate one. If you can, I recommend searching for attorneys in your area and speaking with them directly to determine whether they are the right fit.

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... Read 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...
Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Arizona on
Q: In a plea deal it says if you don't except the plea you can face more time to sentence isn't that considered threat

In plea deals it states if you except the plea charges will be taken off and you plea for lesser time

But if not then you are getting the original charges if wanted plus some and looking at a longer sentence

Isnt that bribing,threatening,intimidation

And against our constitutional rights

Stewart Salwin
Stewart Salwin answered on Mar 24, 2020

As a question of criminal justice philosophy, your point is well taken. Many legal scholars argue that the massive disparities between what a criminal defendant would be sentenced to if he pled guilty to an offense versus if he went to trial create a constitutional problem. My former criminal law... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Arizona on
Q: What do I do if I request assistance of counsel at my arraignment because I am indigent and the judge refuses?
Mike Branum
Mike Branum answered on Feb 11, 2020

I am going to venture a guess that you are charged with a misdemeanor and the prosecutor is not seeking jail time. Under those circumstances, the courts have found that you do not have a constitutional right to counsel because your liberty is not at risk.

1 Answer | Asked in Contracts, Real Estate Law, Constitutional Law and Probate for Arizona on
Q: Paid mom for property, she died intestate, outstanding mtg.1616. Is property part of estate.I was assigned title.

I will assume 1616 owed on mtg. Since I also had POA, and property was security to me coupled POA, can I just file as owner with contract. I fully performed.

Nina Whitehurst
Nina Whitehurst answered on Jan 2, 2020

It sounds like you paid for the property but never got a deed. Yes, the property would be part of her estate and you have a claim to receive it pursuant to contract. You should hire a probate attorney to help you pursue that claim.

1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: Does a former AAG (now public defender) create constitutional liability practicing concurrently opposite prior client?

Is it unlawful (and unethical) for a current AAG to switch sides (concurrently), while continuing to practice in same exact jurisdiction/court room - opposite former colleages & client - now defending clientele he would have formerly prosecuted? Does this not present multiple constitutional... Read more »

Gary Kollin
Gary Kollin answered on Oct 11, 2019

You already asked this same question and received an answer.

If an attorney here says no, are you going to drop it?

3 Answers | Asked in Legal Malpractice, Criminal Law and Constitutional Law for Arizona on
Q: Is there a perceived or actual conflict of interest resulting from a former prosecutor turned legal defender?

Recently a case was assigned to a public defender (former prosecutor) to defend a man whos father had been prosecuted successfully by the same attorney many years prior. The son's case is not of the same charges as his father's prior case, however, the attorney remains in the same... Read more »

Gary Kollin
Gary Kollin answered on Oct 11, 2019

This is a wonderful academic question.

If your son feels the attorney is in conflict, then he should voice it to the judge.

If no action is taken, then he can send a request to the judge.

If an attorney here said there is nothing wrong, would you just drop the subject?

View More Answers

2 Answers | Asked in DUI / DWI and Constitutional Law for Arizona on
Q: My husband was just picked up on a warrant for an aggravated DUI that he did not even know about.

Arizona. Advice please.

What is statue of limitations?

Matthew Maerowitz
Matthew Maerowitz answered on Oct 9, 2019

There was likely a medical blood draw that was used by police to determine the presence of alcohol and/or drugs. Normally a single vehicle collision on its own will not be sufficient to be allege the DUI as aggravated so more information would be needed. The best advice I can give is to consult a... Read more »

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arizona on
Q: If someone call the police on me and left, can I be detained until they show up to give their statement?
Zachary Divelbiss
Zachary Divelbiss answered on Jun 13, 2019

This is a tricky question to answer because there are many specific things that can happen that need to be evaluated. However, the quick and simple answer is that as long as the police are conducting an investigation they are allowed to detain you. Now, there are other legal things to bring into... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Arizona on
Q: If the police use a stolen vehicle as means to obtain a search warrent (knowing the vehicle wasn't stolen)

can evidence from said search be supressed.

Mike Branum
Mike Branum answered on Mar 17, 2019

If you and your defense counsel can show by a preponderance of the evidence that law enforcement officials had knowledge the vehicle was not stolen when they obtained the warrant, then yes, you should be able to succeed in a motion to suppress any evidence obtained UNLESS the state can show they... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona on
Q: I'm filing a notice for post conviction relief. How can I find a lawyer to review it for me. this is just the notice.
Zachary Divelbiss
Zachary Divelbiss answered on Jul 19, 2018

I recommend visiting the State Bar of Arizona's website where you can specifically look for a Post Conviction Relief (PCR) lawyer.

http://www.azbar.org/legalhelpandeducation/find-a-lawyer/

2 Answers | Asked in Criminal Law, Family Law, Constitutional Law and Gov & Administrative Law for Arizona on
Q: I'm 18 years old and my boyfriend is 26 years old , can we get married ?
Priscilla Frisby
Priscilla Frisby answered on Jan 25, 2018

Why would you not be able to marry him? Legally you are an adult and are allowed to marry whoever the law will allow you to marry, so unless he is a first-cousin, or other close relative, you can marry him.

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Arizona on
Q: the police were called by neighbors due to domestic violence between me and my husband once they got to my house they

questioned me about him and his brother eventually leading to a detective coming and told me if I refused to talk to them or let search my house, they would arrest me for domestic violence is this illegal for them to come to my house for domestic violence and then bribe me to talk to them so they... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Sep 5, 2016

You have no obligation to talk to the police in a domestic dispute. The police must have probable cause to arrest you. However, they may have felt they had probable cause to charge you with a criminal offense (such as disorderly conduct) and will occasionally use the threat of an arrest to get... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Products Liability for Arizona on
Q: I'm trying to obtain the right attorney regarding Toyota . I'm in Phoenix . Who is thebestSupreme Court lawyer near me?

Case has actual injuries,civil rights violations,product liability. I really need help

Peter N. Munsing
Peter N. Munsing answered on Jun 22, 2016

No case against a manufacturer is easy. For starters contact a member of AzTrial Lawyers Assn who handles product liability--they give free consults.

1 Answer | Asked in Civil Rights and Constitutional Law for Arizona on
Q: My public def was found ineffective for drug use during trial 3+ yrs later. Can I sue for this? I'm free now on a 16 bid

Coke and pain medication. Admitted in court. Interviewed no one. No trial prep.

Adam Studnicki
Adam Studnicki answered on Feb 21, 2016

More info is needed to answer. Talk to a injury or civil rights lawyer ASAP.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
Read more »

1 Answer | Asked in Constitutional Law for Arizona on
Q: If the sixth amendment was violated, then what is the consequence?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

It would depend upon the facts, and you gave none.

1 Answer | Asked in Constitutional Law for Arizona on
Q: Did the U.S. Supreme Court rule in Kyllo v. United States that a 4th amendment search had occurred?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

Is this a homework assignment or a question on a test? https://en.wikipedia.org/wiki/Kyllo_v._United_States

You did not word your question correctly, the ruling was that a warrant was required for that type of search.

1 Answer | Asked in Constitutional Law for Arizona on
Q: I was legally off probation on Oct.1st. I found out Dec. 27th. And instantly released from jail. Do I have a case?

I was incarcerated for 28 days total by probation, that I wasn't even on. Shouldn't I get compensated for those days?

Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

Perhaps, but this question was asked nearly 4 years ago, and I hope you found an answer someplace other than here.

1 Answer | Asked in Constitutional Law for Arizona on
Q: What was the Supreme court’s decision in United States v. Virginia?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

You can look this up yourself, perhaps by getting an understandable summary on wikipedia. Do an internet search.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.