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Craig Jacob Rosenstein
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Craig Rosenstein’s Answers

40 total

  • I need to know how I should approach the situation and where I should go from now

    I was pulled over accused of DUI in my commercial vehicle did all sobriety check determined I wasn't drinking but still wanted to take me in for blood to test for narcotics which I volunteer for. At the time I'm not charged with any felonies or c...

    Craig’s Answer

    Tom,

    One important piece of information that wasn't included was where the stop took place. I can speculate about how the next few months will look if we had access to that information. I would suggest calling an experienced DUI lawyer just to see if there should be any concerns. They are usually free and in my office can take as little thirty minutes.

    Best of luck,

    Craig

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  • Is it true any amount of marijuana (even residue amounts) for personal use is a felony in Arizona?

    I want to know if this is accurate.

    Craig’s Answer

    Its crazy but possession of any quantity of MJ or paraphernalia is still a felony in AZ.

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  • What is the statue of limitations for a misdemeanor dui refile?

    Person was arrested for a marijuana dui, a-1 or a-3. It was dismissed without prejudice. What is the statute of limitations for a refile? Is it 1 year from the arrest or dismissal?

    Craig’s Answer

    1 year from date of arrest-- Craig Rosenstein

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  • What exactly does a lawyer do after getting a client?

    Lets say someone comes in as was arrested for drug possession. What steps do you go through to get this persons sentence lowered or dismissed? I am very curious of the "behind the scenes". I know there are a TON of variables, but lets just assume ...

    Craig’s Answer

    There is no secret sauce. Every single case is different. But we generally use our knowledge of the Judge, Prosecutor, and familiarity with the Courts, and most importantly the law to determine which avenues are available to us.

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  • Home was raided I was out of town arrests were made. I am wanted for questing but no warrant issued what next?

    I was traveling out of state during raid am still not home arrested my cousin (paraphernalia) I am wanted for questioning and am afraid of implicating myself or cousin. I am wondering what actions to take and have questions regarding the search wa...

    Craig’s Answer

    Your instincts are correct, it's time to lawyer up.
    Dont speak on the phone with your friends before you consult an attorney about your options.

    Craig Rosenstein.

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  • My fiancé was pulled over for speeding and the cop found $5 worth of weed on him. He said it was a felony. I think it was his

    2nd offense involving marijuana. From what I hear the cop was a jerk and said he failed the sobriety test, but my fiancé said they made him take a blood test that will show he wasn't high when he got pulled over. His court date is in two...

    Craig’s Answer

    He should plead not guilty.
    There are a lot of variables here so I'll try to be thorough.

    His case was likely bifurcated which simply means cut in 2. The first one is felony possession. That seems to be what his Court is about in 2 days. The second case is his DUI case. Even though he wasnt high, it doesnt mean that he wont be charged with DUI. It makes sense when its explained, but you'll have to trust me on that.
    He'll want to plead not guilty to the drug charge, because you cant resolve that one without knowing about the DUI case first. He should call an experienced DUI and drug attorney to discuss what his options are and how to handle the next few months.

    Craig Rosenstein

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  • Is this a justified deadly force shooting situation? If not, what crimes did he commit? My civil /criminal liability as owner?

    I am the owner/passenger of this car. As my boyfriend and I were pulling out of a parking space, a car drove up quickly behind us, forcing my boyfriend to hit the breaks. My interpretation of the drivers action was that he speed up to avoid having...

    Craig’s Answer

    Dear God. No.

    Unless your boyfriend reasonably believed that his or someone else's life was in imminent danger than one can not use a gun. Not for shooting, and not for show.

    Take his gun away before he gets himself killed.

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  • If this person gets picked up on their bench warrant, will it be automatic prison time?

    And are there any other flaws BWA - Bench Warrant - Party (001) 10/14/2015 NOTE: Issued 2015-10-14 10/5/2015 027 - ME: Pretrial Conference - Party (001) 10/5/2015 10/2/2015 STA - Statement - Party (001) 10/2/20...

    Craig’s Answer

    No. They havent been convicted of anything. However, the Judge probably wont be thrilled about their no showing Court and may require that a bond be posted.

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  • My son was charged with 001 DUI - Liquor/Drugs/Vapors/Combo. Does this mean he tested positive for alcohol and drugs?

    What are "Vapors"?

    Craig’s Answer

    Not necessarily. 28-1381A1 precludes anyone from driving a car if they were impaired to the slightest degree from alcohol, drugs, vapors or a combination of those. The codes that the Court uses abbreviate the statute and make it seem that the person has all of those. Hope that helps.

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  • HOW DO I DEFEND MYSELF IN WHAT I BELIEVE IS A UNWITTING POSSESSION AND LACK OF POSSESSION CHARGE?!

    Got pulled over for speeding, which got dropped after the officer found a roach in my glove box. I was never was told my speed, which I figured since i was behind another vehicle the whole time. The officer asked to search and I did not give conse...

    Craig’s Answer

    You don't want to do that. In Arizona, possession of any amount of marijuana is a felony. It is crazy but true. Pleading no contest to this charge would make you a felon. You should consult with an attorney to determine your options and put yourself in the best place to not have a felony when this is over.

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