Common Questions from Clients

Do cops need to issue a ticket when they charge you for a class 6 felony weed charge?
Asked in Phoenix, AZ

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 didnt 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 the prosecutor?
Asked in Flagstaff, AZ

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 than 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 back pack?
Asked in Tempe, AZ

Q: I have a friend who is worried sick about his habit of stealing cases of beer. He claims to use a back pack 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.
Asked in Phoenix, AZ

Q: I'm contesting that my 4 month prison term for DUI and probation must run concurrently under 13-116 double punishment law. Therefore my probation starting 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

What determines a sex offenders level? how do thez figure that out?

Q: My husband just recently registered and i looked him up online to see what level they classified him as..and he is a level 3 high risk..charges are sexual eploitation mnrm, sex trafficking mnr, sex conduct mnr. the girl was 15. i looked at other people and i seen a guy who raped a girl failed to register and he was a level 2. Just doesnt make sense. Can the level change as he continues to go to his treatments for sex offenders? he has been out not even a week yet.

A: Your husband's sex offender level is based upon many different things, In some counties it is actually probation that fills out a sheet that determines the level of the sex offender. This form is supposed to be uniform throughout Arizona and many agencies use it instead of DPS. I would go to the agency your husband registered at (example) and asked who classified him as a level three sex offender. If they say the probation department ask if that assessment can be reevaluated or wait and see if they will reevaluate in a year.