Monthly Archives for December 2010

Question:  I was arrested for a DUI in Arizona. They towed my car and took me to the police station. They started reading me a long list of questions and something about my constitutional rights. They wanted me to take a breath test and give a blood sample. I didn’t want the cop to stick a needle in my arm so I said no to both. They got a warrant. I sat in an Arizona jail for over 12 hours. Help me, what is going on?

Ryan’s Answer:  Getting arrested for a DUI in Arizona is a very… Read More →

In the middle of a beautiful summer two years ago, people were hiking, running, and sharing the sunshine in Flagstaff, Arizona.  But some of the community’s teenagers, as in every community, were living a dark secret involving parties, drugs, and guns.  If it happens in Flagstaff, it almost seems inevitable that it will happen everywhere.


On the night before Justin Jackson was murdered, he was up to no good.  Justin was both a loving brother and son, and a small time drug dealer.  He… Read More →

Question:  I earned a misdemeanor after successfully completing my felony probation on an undesignated class 6 felony plea agreement. But now I have some questions.  (1) Can I apply to have my conviction set aside?  (2) Are my rights automatically restored now that I completed felony probation?  (3) How do I approach job applications when they ask about my felony history?

Ryan's Answer:  Congratulations on successfully completing probation. Now let's get to your specific questions:
1)… Read More →

Question:  I got pulled over in Flagstaff for a DUI. The officer asked me a lot of questions, like whether I'd been drinking, and whether I'd do field sobriety tests. What should I have done?

Ryan's Answer:  You do not have to say yes to every request of the police officer. Let's go over the basic three things that happen.  First, you must pull over when the red and blue lights are behind you.  Unlawful flight from a law enforcement vehicle is a class 5 felony; don't do it.  Second,… Read More →

Question:  I got pulled over and cited for going through a red light, but I didn't do it. When the light turns "red," the left arrow is actually green, so I made a left turn on the green arrow. The officer just saw the red light and didn't see the green arrow. How do I fight this?

Ryan's Answer:  You certainly can challenge your ticket/complaint in court. You can deny responsibility (similar to a "not guilty" plea, except a traffic ticket like yours is not a criminal offense, so you would… Read More →

Question:  I have been forced to sign a plea agreement. I have not been shown evidence of any kind. No police report or video. What can I do now?

Ryan's Answer:  For a valid guilty plea, it must be knowing, voluntary, and intelligent. This means that you must be of a clear mind; that you have not been coerced, forced, or the victim of any false promises; and that you have read, understand, and agree with the contents of the plea.

No court or judge should accept any plea agreement that… Read More →

Question:What are the fines and punishment for shoplifting? What if I have a prior drug paraphernalia conviction, is this still a first-time offense? Is shoplifting a felony or a misdemeanor? Help!
 
Ryan's Answer:  First, it's important to know that shoplifting can be a misdemeanor or a felony, depending on certain factors. Here's the rundown for you:
 
Felonies
If the value of the shoplifted property is $2,000 or more, it's a class 5 felony. 
If the shoplifting was done to… Read More →

Question:  I have an old felony conviction on my record. It might be a misdemeanor, but I think it's a felony conviction. And I successfully completed probation. Am I stuck with this felony conviction forever? I can't get a job even though I've had no police contact in a decade! What do I do?

Ryan's Answer: Even if your conviction is an Arizona felony, you can still file an application to set aside the judgment pursuant to A.R.S. 13-907. Upon receiving your written application, a court… Read More →

So you're on Pre-Trial Services (PTS) release, under their supervision while your csae is pending (i.e., you have been charged and are awaiting trial), and you have to take submit random urinalyses (UA's).  You relapse, let's say, and end up with 3 "dirty" UA's, which your PTS officer finds out about.  You check yourself into rehab where you hope the police will not arrest you.  What happens now?The fact that you had 3 "dirty" UA's while on PTS release is a little more… Read More →

Arizona Traffic Ticket Question: I was pulled over for a secondary offense of failure to wear a seat belt in Arizona, and I was given an Arizona traffic complaint with a court date. I went on vacation and forgot about my hearing. What happens now? Can I still challenge the illegal traffic ticket?

Ryan's Answer:  First, you are right that failure to wear a seatbelt is a secondary enforcement law. If you were only pulled over and cited for a violation of A.R.S. 28-909, in terms of that being… Read More →