Common Questions from Clients
Do Cops Need to Issue a Ticket when They Charge You for A Class 6 Felony Weed Charge?
Q: We were pulled over and they took a grinder with trace amounts of weed in it...they told us we were getting the charge and to call in 2 months if we didn't get anything in the mail, but they didn't arrest us or never issued us a ticket that we signed and then let us go. I'm kinda confused
A: If it was a misdemeanor possession (or attempted possession) then they could cite you and release you. If they said they were filing criminal charges then they are sending a "long-form" to the county prosecutor to have the process of bringing felony charges against you. The prosecutor will review the case and can then file felony possession charges or can also file them as misdemeanors. They would have the discretion to do either.
Is It Possible for The Witness to Help the Defense Instead of
Q: The witness in my case is the person who made the initial report against me & the reason why I am being charged! As of late, he is wanting to help my side instead of the prosecutor! Is this possible? If so, what does the witness need to do in order to help my case? Who do they speak with or what procedure do they follow?
A: You also have to be very careful because if this person is considered the victim in this matter then under the Victim Rights Act of Arizona not only should you be having no contact with the person but your attorney cannot contact them without permission from the prosecutor. Doing so can land you in a lot more trouble.
Can Someone Be Arrested for Being Caught on Camera Stealing from Numerous Stores Using a BackPack?
Q: I have a friend who is worried sick about his habit of stealing cases of beer. He claims to use a backpack and uses it to conceal the beer. He thinks the store managers or owners may review the videos and identify him and he may be charged with these crimes all at once. Is his concern legit or should he just quit the theft and forget about it?
A: If and when he is arrested remind him he has the right to remain silent and to use it!
How Do I Get a Hearing to Contest the Terms of My Probation? I Sent a Motion to The Court and Was Denied.
Q: I'm contesting that my 4-month prison term for DUI and probation must run concurrently under the 13-116 double punishment law. Therefore my probation starts at sentencing and not after my 4 months in prison.
A: You should be discussing this with your attorney that handled your case and if not you need to hire an attorney to handle an appeal or a RULE 32 if you accepted a plea agreement