Arizona Criminal Defense Legal Questions

There are multiple ways to commit domestic violence in Arizona. You don't have to hit someone to commit domestic violence. A person can commit domestic violence by disturbing the peace of an intimate partner, live in relative, immediate family member, or roomate.  Domestic violence includes damaging property. In this instance, it sounds like your domestic violence charge is predicated on criminal damage. Sufficient evidence for an arrest is not the same as sufficient evidence for a conviction. For example, if whoever called the police reported that you broke the phone, or neighbors claimed they heard yelling or something breaking, or if your girlfriend told police you broke the phone, that is enough to support probable cause. To convict you, the State must prove beyond a reasonable doubt that you broke the phone. This is a higher standard of proof than what is required for arrest. You should expect that the prosecutor is going to produce direct or circumstantial evidence (both types of evidence count) to support the charge against you. If they can't, the charge will be dismissed. Many people wrongly think that their arrest is automatically illegal if the police do not read them Miranda warnings. Miranda warnings are only required in the following circumstances (for adults): 1) You must be in custody (the legal standard here is that a reasonable person would not feel free to leave; AND 2) You must be subject to questioning. What counts as questioning? Any question or statement that is designed to elicit an incriminating response. The court advising everyone of their rights over a loudspeaker at an initial appearance is done as an extra protective measure to make sure that everyone is at least aware of their rights. It is legal.... Read More

In Arizona state courts, prior offenses are considered 1 if committed on the same date. Although a single 20 year old prior cannot ordinarily enhance a prior, it can if you spent more than 10 years in prison and it was a class 2 or 3 felony. If you did not, and you only have one, it would not affect a new meth sale charge because the net effect of an old (non historical) prior is to make an offense probation ineligible, and meth sale already is not eligible for probation. Hope this helps.... Read More

Yes. Usually these warrants are quashed once counsel is retained by filing a Motion to Quash. Then, the Failure to Appear misdemeanor is often dismissed as a part of a resolution of the underlying charge from which the FTA originated. Most courts allow such resolutions via telephonic hearings.... Read More

Under the rules of accomplice liability, or the rules governing conspiracies, it may be possible. However, it would depend if there was an act committed in furtherance of the illegal conduct by you, and more information would be necessary to gauge whether or not you could be held liable. For example, if you were merely a partner with another individual, and that individual committed an offense entirely separate in time and place from the partnership and from you, then you likely would not be liable. If, however, you drove your partner to commit he offense, you likely would be liable.... Read More

While we cannot give legal advice, the most common "best outcome" for a case such as this is TASC, or diversion, wherein a defendant waives his right to a Preliminary Hearing and prosecution is suspended for a period of two years, after which time the case is dismissed, assuming the defendant completes certain requirements. I hope this helps.... Read More

If charged as a felony, it would be a class 6. If she has no prior felonies she would be probation eligible. Probation could be up to 3 years. However, a judge could sentence her up to 1 year in jail as a term of probation. Or the judge could sentence her anywhere from .33 - 2 years in prison.... Read More