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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 33474
Experience:  16 yrs. of experience including criminal law.
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Can you be pulled over in AZ by police and by the time you

Customer Question

Can you be pulled over in AZ by police and by the time you could find a safe place to stop you are now in CA. Was not speeding or driving reckless. They said they stopped me for mudflaps. Gave me a field sobriety test which I passed and then took me back over state line to AZ arresting me. Out in 10 hrs. Saw a judge. Said I would rec. Paper work with court date. I live in CA. Three days before court date, rec. Papers from the court that my case had been vacated/no charges filed from the St. Of AZ. 9 months later i rec papers to be in AZ court on May 2,16. Called LaPaz County court, put my case number ***** and there is no cases found. I check everyday, still no court case found. Rec papers to be in AZ court on May 16, 16. They want to charge me with an aggravated DUI. I had my first DUI 3 years ago in CA. I finished everything. I have no criminal record. I am 25, with a full time job. Why can't I find info. On my case and was it legal to stop me in CA, test me and then take me back over the state line to AZ and arrest me? No highway patrol was present. Will I be arrested when I go on the 16th? Can they charge me with a felony aggravated DUI? Please help me. Respectfully, korey
Submitted: 9 months ago.
Category: Criminal Law
Expert:  RayAnswers replied 9 months ago.
Reference https://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/ab36277c4562e98885256b2f006c5ad6!OpenDocument You could do one now, then see lawyer and re execute it in front of them.Lawyer and staff make great competency witnesses.They can testify to this if needed.
Expert:  RayAnswers replied 9 months ago.
Free forms for you, you can do one now and one with lawyer later, that way you have one in case something happens,thanks. http://powerofattorney.com/florida/ Thanks again for the chance to help today.
Expert:  RayAnswers replied 9 months ago.
More free forms. http://tchospital.com/util/documents/durable-power-of-attorney.pdf
Customer: replied 9 months ago.
I don't understand your answer on my question. What does filling out a power of attorney have anything to do with my question? Please read my question again. I'm supposed to be in AZ this Monday. I need an answer not a power of attorney. Korey
Expert:  RayAnswers replied 9 months ago.
I will opt out here for other experts.This was a site error and posted by mistake.You were not charged and please do not rate or respond.
Customer: replied 9 months ago.
Thank you Ray. I just really need to know if AZ was out of their jurisdiction and was my arrest illegal.
Expert:  P. Simmons replied 9 months ago.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to helpAlso, if you would like to chat on the phone, let me know and I can make that happen. Different expert here...are you looking for help on this?
Customer: replied 9 months ago.
I don't see your answer. I need help!!!
Expert:  P. Simmons replied 9 months ago.
Thanks...so is your question can AZ prosecute you for this (despite the fact that the arrest took place in CA)?
Customer: replied 9 months ago.
P. Simmons - yes. And why when I call the court house or go online and enter my case #***** it says no case found. Why are they trying to get me for an aggravated DUI? I wasn't driving reckless or speeding.
Expert:  P. Simmons replied 9 months ago.
I can not tell you why the cops charged a particular crime...you would need to ask them (or have your lawyer ask the DA). But I can tell you that if there is evidence you committed a crime in AZ and the police followed you to CA to perform the arrest? They can prosecute the case in AZ. The fact you managed to draw them into another state (for whatever reason) is not legally relevant to the ability of the state of AZ to bring criminal charges.If they can not prove the charges beyond a reasonable doubt? YOu would be acquitted (found not guilty)Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 9 months ago.
It wasn't my intent to cross the state line. I was in my dad's big Dodge RAM, 4x4 and there wasn't any safe big enough spot to pull off the highway. It just happened. They said they stopped me for mudflaps. I rec a paper stamped from AZ court signed by a judge a couple days before my court date that my case had been vacated and no charges were filed by the state of AZ. This new paper that came 9 days ago has a different case number. I've called the court and they say there isn't any record found. Same with online. Yet they want me to come this Monday. I don't have money to get a room and stay there. I'm going to loose work. I have roommates that depend on my part of the rent. I live in orange, CA. How can I find out about my case. It said my arrainment was being continued from May 2, 16. They arrested me on July 4, 15.
Expert:  P. Simmons replied 9 months ago.
ThanksIf you do not show up to your criminal arraignment? The court will issue a bench warrant for your arrest. So you may want to travel to the court and appear. IF there is no case? Good for you. But if you miss the arraignment, the only way to remove the warrant will be to turn yourself in (and likely spend time in jail until you make bail) This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can ignore this but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 9 months ago.
Ok, so does my DUI I got 3 years ago in CA, count as 2 in AZ or does this count as 1 because it's in a different state? Can they get me for a felony DUI if I wasn't driving reckless or speeding. No accident, nobody hurt. Why can't I find anything in the courts under my original case number ***** the new one they gave me. I look everyday. I've called and they told me that it shows no case filed. I'm so confused. It's like a 5 1/2 hr drive one way. Can I get arrested in CA for this case in AZ? (If there even is a case)?
Expert:  P. Simmons replied 9 months ago.
They will count as your second...the fact it was in a different state is not relevant And yes...if they issue a warrant they can arrest you in ca to bring to trial in AZ