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Arizona drug felony charges, I need some answers?

Kingman, AZ |

Can you be verbally charged with drug felonies in the state of Arizona without arrest?
Is any paperwork required? Can a police offer just tell you that you're being charged, and tell you you will be notified in the mail, and let you go?
Are they allowed to summon you to court, if no citation or paper was ever signed?
On a road trip I got stopped driving through Arizona on the way back home.
I was told that I was facing drug felony charges the night of the incident, the officer let me go, and let me drive back to my state of residence and I heard nothing about it after.
Ten months later I received a letter saying I have a court date.
The summons letter says I am being charged with a class 4 felony, and two class 6 felonies.
something about my situation doesn't seem right

Attorney Answers 4

Posted

Yes and yes. This is very common for low level felony offenses.

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Posted

The only bar to charging someone with a crime is the statute of limitations, which while I can't say exactly what that time frame is, for a felony it is always several years.

Sincerely,

Attorney Mitchell S. Sexner
Mitchell S. Sexner & Associates LLC /o
Defending your rights since 1990
1 (800) 996 -4824
Email: : msslawoffices@sbcglobal.net
Website: Criminal and Traffic Attorneys

Answers presented on this website are intended only for informational purposes and any use of the contained material is at the users own risk. Answers are intended exclusively as a public resource for general information, and this information is intended, but is not promised or guaranteed to be, correct, up-to-date, or complete. This material is not intended to constitute legal advice, as an agreement to create an attorney-client relationship with the law offices of Mitchell S. Sexner & Associates LLC, or the provision of legal services, and receipt of this information does not constitute such an agreement. If legal or other specific expert advice is required, then the services of a competent professional should be sought.O

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Posted

This type of situation isn't all that uncommon. If the prosecutor's office believes that there is a reasonable liklihood of conviction on a case, they can file charges against you. Rather than issuing a warrant and arresting you to ensure that you show up at court, they have asked the court to issue a summons. The summons is a legal court document. If you fail to appear at the time and date listed on the summons, a warrant for your arrest could be issued. For felony matters, the state has up to 7 years to decide whether to bring chargest against you. It sounds like they made the decision that they have enough evidence to charge you with these crimes. These are serious charges and could have serious consequences. You should not take them lightly.

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4 comments

Asker

Posted

When living in another state do I need to get an Arizona lawyer to represent me?

Kyle Green

Kyle Green

Posted

If you are being charged with crimes in Arizona, an attorney license in Arizona needs to represent you. The lawyer doesn't necessarily have to live in Arizona, but he or she needs to be licenses to practice law in Arizona.

Asker

Posted

Should i get a lawyer to come with me to the arraignment hearing? Will i be taken into custody after the arraignment?

Kyle Green

Kyle Green

Posted

Yes

Posted

Yes, this is called a long form complaint. Very common.
Aaron M. Black
Criminal & DUI Defense Attorney
Martindale AV® Preeminent™ Lawyer
2012 Southwest SuperLawyer Rising Star
AVVO 10/10 Superb Lawyer

Law Office of Aaron M. Black, PLLC
3219 East Camelback Road #573
Phoenix, AZ 85018
Office #: 480-729-1683
Email: aaron@aaronblacklaw.com
www.aaronblacklaw.com

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