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Aaron Michael Black
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Aaron Black’s Answers

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  • Both of my boyfriend courts were vacated . His status confrence n preliminary hereing . What does this mean ?

    He was charged with 2nd degree burglary

    Aaron’s Answer

    It means on of two things:

    1) The case was dismissed (highly unlikely);
    2) Your boyfriend is being indicted and the case is going or has already gone to the grand jury. This means the State is in the process of bringing formal felony charges against him (most likely).

    So, he needs to get ready to fight the felony charges.

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  • Is it too late to get an attorney and will it even help

    My brother is felon with prior convictions for burglary and possession of firearms just got off of parole july 2014 in march got arrested after being pulled over a gun registered to his girlfriend was found in her purse however after being handcuf...

    Aaron’s Answer

    It is never too late to hire an attorney. Your brother needs someone. These are serious charges. It sounds like he is going to be charged with Misconduct Involving Weapons. If he has 2 prior felony convictions, he is facing 6-15 years in prison. The presumptive is 10. If he did not know the gun was there and his girlfriend is willing to assist he may have a case. Also, it needs to be looked into as to 1) why the vehicle was stopped and 2) how the cop ended up searching the car.

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  • Is this common

    i was arrested for possession of meth but i was also being cited for suspended license. I was told I'd be booked in casa grande then transported to Florence where nxt morning I'd go before judge. Before arriving at casa grande station for booking ...

    Aaron’s Answer

    This is very normal.

    1) Driving on a Suspended license is a misdemeanor and you can sign for your court date. The officer will then submit that paperwork to the court to start the case.

    2) Possession of Meth is a class 4 felony. Felonies are only handled by the Superior Court. For this case to start, the officer will submit the charges to the prosecutor. The prosecutor will then file charges with the court. Typically, the court will then send you a summons to appear.

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  • How is it legal for the system to get a grand jury indictment when the defendant or his council isn't present to tell their side

    Grand jury indictment is one sided how is this legal

    Aaron’s Answer

    Because that is what the law says. If you have an attorney, you could have requested to testify and or write a letter to the Grand Jury. Hire counsel. You can still try and fight the Grand Jury processing in a remand motion if issues exist.

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  • AZ - Extreme DUI - Car Accident, No Other Cars/People Involved

    A relative of mine was involved in an Extreme DUI car accident where he wrecked his car and took out a light pole in the process. He was hurt in the incident and was sent to the hospital. Papers say he was "arrested," yet he was released from th...

    Aaron’s Answer

    The officer may have given him a ticket with his next court date. If he was not given the citation then he will receive a summons in the mail. If this is a misdemeanor, the State has 1 year to prosecute. If this is a felony, the State has 7 years to prosecute.

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  • Do I need to get my record expunged?

    When I was 18, I was charged with 2 felonies (non-violent) which were dropped. My record shows the charges but also states "no felony convictions". This has been a problem since I have my teaching credentials, no school in Arizona will hire me sin...

    Aaron’s Answer

    You cannot expunge in Arizona. However, there is something you can try to do: You have to Petition the Court (in a civil filing) to clear your arrest record pursuant to ARS 13-4051. Arizona Revised Statutes (A.R.S.) §13-4051 provides:

    A. Any person who is wrongfully arrested, indicted or otherwise charged for any crime may petition the superior court for entry upon all court records, police records and any other records of any other agency relating to such arrest or indictment a notation that the person has been cleared.
    B. After a hearing on the petition, if the judge believes that justice will be served by such entry, the judge shall issue the order requiring the entry that the person has been cleared on such records, with accompanying justification therefor, and shall cause a copy of such order to be delivered to all law enforcement agencies and courts. The order shall further require that all law enforcement agencies and courts shall not release copies of such records to any person except upon order of the court.
    C. Any person who has notice of such order and fails to comply with the court order issued pursuant to this section shall be liable to the person for damages from such failure.

    Bottom line, this is difficult to do. I successfully argued this 2 years ago in Superior Court. There is very little case law on this area of law. We need to show you were wrongfully arrested.

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  • Distraught about super extreme DUI?

    I was charged with super extreme, my first EVER offense that my BAC came back confirming as extreme. I did hire a lawyer as a soon as I was charged. I'm waiting the results of my MVD hearing(under advisement but was told not to be hopeful as they ...

    Aaron’s Answer

    The first thing I would do is call your lawyer and consult with him/her. Let your feelings be known, ask specific questions and ask for specific answers.

    Regarding your suspension: I am always hopeful if a judge takes it under advisement. At least they are thinking about it. If you are suspended it is a 90 day suspension. 30 days no driving and 60 days restricted if you are eligible.

    As for your hearing: if it is the first or second PTC it is just an opportunity for your attorney to speak with the prosecutor and discuss the case. Often times this is where negotiations occur. Your attorney will also ask for a continuance so he/she can complete officer interviews.

    Pleading down a case depends on the facts of your case and if there are any legal issues. A prosecutor is not going to plead down a case just because you have never been in trouble before, you are a good person and it will ruin your life. There needs to be a legit legal issue in your case. Sometimes those issues do not exist.

    Call your lawyer and talk. That is why he/she is there.

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  • Okay my gf was arrested for aggravated assault with a weapon and was released they said they never filed the charges

    How long do I have too get her re-arrested to face her consequences

    Aaron’s Answer

    The State has seven years to re-file felony charges form the date the crime was allegedly committed.

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  • If you got 2 DUI and they were both considered your 1st would the 3rd be considered a 2nd offense?

    You get 2 DUI's in a month and you run them both concurrent through 2 different courts. You are sentenced for both as a 1st offense separately would the 3rd be a 2nd or a 3rd within the 84 month period?

    Aaron’s Answer

    This would be a third DUI and should be charged as a Class 4 Felony for Aggravated DUI. If you have no prior felonies and you are convicted, the mandatory minimum is a sentence of 4 months in prison. The presumptive sentence is 2.5 years.

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  • Dismissed?

    So if a charge has a disposition of "dismissed due to grand jury indictment" is it really dismissed? Can the felony be brought up 2 months shy of 7 years and be held against a inmate with new felony 5 charges as priors?

    Aaron’s Answer

    This is not dismissed at all. Just the opposite. It means formal charges have been filed against you. The Grand Jury found probable cause and the state will be proceeding on the felony.

    You need to lawyer up quick. Your next court date will be a Not Guilty Arraignment.

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