Free Consultation: (480) 935-6545Tap to Call This Lawyer
Zachary Divelbiss

Zachary Divelbiss

Divelbiss Criminal Law
  • Criminal Law, DUI & DWI, Traffic Tickets
  • Arizona
Rate This Lawyer
Lawyer Rating and Reviews
Legal Knowledge
5.0/5.0
Legal Analysis
5.0/5.0
Communication Skills
5.0/5.0
Ethics and Professionalism
5.0/5.0
Rating: 10 Justia Lawyer Rating - 10 out of 10
Mr. Divelbiss possesses great legal knowledge and confidence in ensuring his clients get the best possible representation.
Badges
Claimed Lawyer ProfileQ&ASocial Media
Summary

At Divelbiss Law we help keep GOOD people out of jail! We are a competitive criminal defense law firm in the valley that ruthlessly advocates for our clients. We work continously to pursue the goals of each individual client and fight endlessly until we reach the desired resolution. Our clients enjoy the benefit of being educated about the criminal defense process so we can resolve their current matter(s) and prevent any future criminal issues. Our firm has received the best training through both small and large criminal law firms, including the Maricopa County Public Defender's Office. Our goal is to achieve the best resolution for our clients and in order to do that we limit the amount of clients we retain in order to dedicate all of our time and resources to the clients we accept. Additionally, we limit our practice to criminal, DUI, and traffic offenses in order to master and provide an incredible defense for our clients. If you are facing any criminal charges or have criminal law questions, please contact us NOW to set up a free consultation!

Practice Areas
  • Criminal Law
  • DUI & DWI
  • Traffic Tickets
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    Payment Plans Available
Jurisdictions Admitted to Practice
Arizona
Languages
  • English
Professional Experience
Attorney
Divelbiss Criminal Law
- Current
• Advocate and educate criminal defendants through all processes of felony and misdemeanor criminal offenses throughout Maricopa County.
Attorney
Ryley, Carlock & Applewhite
-
• Reviewed and analyzed documents for discovery in a large, complex intellectual property and breach of contract case using Relativity platform. • Analyzed complex legal documents including emails, contracts, spreadsheets and other contract documents. • Determined which issues applied to each document and coded the documents accordingly. • Reviewed and determined if the document was responsive to the issues in the case and determined if any type of attorney-client privilege applied. • Performed quality control on other reviewers work to ensure the client was receiving a top quality product.
Law Clerk/Extern
Maricopa County Public Defender's Office
-
• Received projects from a team of over twelve attorneys while working hand-in-hand with paralegals, investigators, and secretaries. • Successful Motions: Rule 20 – Charge Dismissed, Reaffirmation Finding of Incompetency – Case Dismissed, Severance of Charges – Granted, and Necessarily-Included Lesser Offense – Granted in Jury Instruction. • Compiled thorough pre-litigation research memorandums for matters involving double jeopardy, standing, discovery and counsel disqualifications. • Performed expedited projects for attorneys during trial on matters involving judicial discretion and prosecutorial misconduct. • Completed extensive post-litigation research memorandums for matters involving sentencing, restitution, and expungement laws. • Research, memo writing, courtroom observation, various criminal pre-trial and trial proceedings. • Completed over 200 hours of legal research and writing while working in close contact with supervising attorney. • Courtroom Duties: Assist with Voir Dire, Attend Conferences, Assist with Clients at Health Court Probation Violations, and Observe Complete Trial. • Motions: Franks and Pre-Indictment Delay. • Memorandums: Pre-Indictment Delay, Sexual Misconduct - Position of Trust as Teaching Assistant, Possession of Marijuana - Fresh vs. Burnt, and Misidentification. • Attend: Psychiatric Review Board Hearing and Restoration of Rights Volunteer.
Law Clerk
Lorona Mead, PLC
-
• Gained general and advanced civil litigation experience in over 30 separate cases. • Drafted complaints, answers, amended complaints, 26.1, interrogatories, request for production, attorney fees, wrongful termination, negotiation letters, status reports, scheduling orders, failure to prosecute, and specific research memos. • Completed over 400 hours of research, writing, and client interaction.
Law Extern
Cavanagh Law Firm
-
• Researched complex insurance statutes and cases involving insurers obligation to provide replacement parts of “like kind and quality” and “diminution of value.” • Created and compiled a 36-page report including statutory and case law for all 50 states to be included in insurance treatise. • Completed over 200 hours of legal research and writing.
Law Extern
Harla Davison Law Firm
-
• Experience drafting motions to suppress, remand grand jury and sentencing memos. • Observational experience with change of plea, continuances, initial pre-trial conferences, discovery requests, oral arguments, witness interviews. • Completed over 350 hours of overall experience with Rule 38(d) Limited Practice Certification.
Education
Arizona Summit Law School
J.D. (2016) | Legal Studies
-
Honors: Donald E. Lively Mission Pillar Award Cum Laude Castro and Merit Scholarship Dean's Award 2014-2016 Top 10% Graduation
Activities: Law Review Moot Court
Arizona State University
B.S. (2014) | Justice Studies
-
Honors: Cum Laude Provost Scholarship
Professional Associations
State Bar of Arizona # 033949
Member
Current
Websites & Blogs
Website
Legal Answers
75 Questions Answered

Q. Hello, I was charged with marijuana possession (amount was a dime) on March 6, 2019. I was charged with a misdomeanor.
A: Yes, a lawyer can always help you with these kind of cases. Given the nature of your case and the fact that you don't have any prior felonies, you should be in a good position. You have two different options. First, you can contact a firm, such as ours, to sit down and go over your case. We will contact the prosecutor on your behalf and ensure you get the best deal possible. Secondly, if you do not want to hire a lawyer, you can speak with the prosecutor yourself and see what they are offering you. Given that you do not have a legal background, you might not get the best deal possible and should have a lawyer help you.
Q. Once I plead guilty to a plea deal is the judge allowed to denie it after o plead guilty?
A: The judge has a right to reject any plea offer before you accept the plea. Once you accept the plea, the judge cannot reject the plea UNLESS there is something that is not accurate in the plea...such as have priors when you said you didn't, etc. This is vague so it might be better to contact us directly with confidentiality so we can better answer your question. Zach@Divellaw.com or 480-935-6545.
Q. May an uncharged minor accused of a felony hire an attorney to defend the minor?
A: This is an interesting predicament you are in because of the individual needing help being a minor. The fact that the minor is involved means the parents or legal guardians need to be involved but not as much as you might think. They need to be present for court and that's about it for most cases. In most regular adult and minor cases, it doesn't matter who is paying the attorney, all that matters is if the client agrees to be represented by the attorney. In fact, most attorneys do not communicate with friends or family members other than to receive payments due to confidentiality requirements. The issue here is a little more complicated in the sense that the minor is allowed to have a lawyer, even if they have not been charged with a crime, but it sounds like the parents don't want to hire one. Ultimately the decision to hire a lawyer is up to the minor but if the parents disagree it may cause other issues between the lawyer and parents. It is BEST to hire a lawyer BEFORE they are charged with a crime because sometimes a lawyer can prevent the individual from being charged all together. I would recommend contacting the lawyer who you want to hire and then the lawyer can contact the parents and the minor to receive permission to represent the minor. This way the grandparents are completely left out of the situation and the minor still receives legal representation. I would be more than happy to speak further about this situation and strategize about other possible solutions. Please feel free to give me a call at 480-935-6545 or zach@divellaw.com.
Q. Can an old DUI charge for metabolites in your system be overturned based on the new law stating no longer a dui
A: This is an interesting question and situation you are in. My best recommendation is to contact Reeves Maxwell Law since they specifically and exclusively handle appeals. Their number is 480-352-3701 or email: admin@appealsaz.com Based on my limited knowledge of appeals, you might be out of luck. After accepting a plea you have 90 days to appeal. Even though the law changes, they are typically not retroactive. You might also need some clarification on the law because marijuana DUIs are still charged here in AZ as long as you test positive for the "Active" metabolite. This is what is tested: THC - Delta 9 Tetrahydrate (active), Hydroxyl (nonactive), Carboxy (nonactive 30 days+). Removing the interlock is also going to depend on the plea you took and the charge you plead guilty to.
Q. Can you please tell me what this charge is CR19902991FE is?
A: I am having trouble trying to pull up this case number to see what the charge is. I will need more information in a confidential email to zach@divellaw.com. I need full name and date of birth. If you know more about the surrounding case, that would be helpful such as the year of offense and court that handled the case.
Q. If I was charged with something you and they had no evidence so they dropped the charges the send a now found the charge
A: It sounds like you are experiencing a classic situation where the prosecutors and police are not on the same page and so what happens is the prosecutor ends up dismissing the charges. At a later time, the prosecutor then brings back up the charges and you are once again stuck in the same situation. This happens for a few different reasons. Typically, it is because the prosecutors are not on the same page as the police and someone has dropped the ball. So, the prosecutor dismisses the case for legal purposes since they do not have a complete case. They are allowed to refile the charges against you as long as they do it within the statute of limitations time period. Please feel free to contact us directly and we can discuss your specific case in more detail. Zach@Divellaw.com and 480-935-6545
Q. If my daughter is on financial probation and pays off the fine, does the probation end then? She is unable to get a job
A: Typically, once you complete all terms of probation you can apply to end your probation. Sometime probation ends automatically but better save to double check. You should contact a lawyer to get help with this or contact the court clerk to see how to get it done at your specific court. Feel free to reach out at Zach@Divellaw.com or 480-935-6545
Q. Is there a way to open a civil case to be reimbursed by my codefendant for half of the restitution I solely paid in full
A: This is a question we get asked quite frequently. Who you really need to ask is a civil litigation attorney but their answer is likely going to be that you will not have a successful lawsuit against the other party. The unfortunately reason that you will be held responsible to pay everything in full is because you agreed in your plea agreement that you would pay full restitution whether you caused the harm or not or whether the co-defendant pays or not. This is standard language in most cases because the plea is suppose to help the victim get paid their restitution and the courts don't particularly care who pays it as long as it gets paid. Now, the fact that your co-defendant did not have to pay anything or very little is unfair. You could attempt to sue them in civil court with a civil attorney. However, there is nothing in either of your plea agreements that says you will both split the cost of restitution. Additionally, your plea agreement is with the State of Arizona and not the co-defendant, so there really isn't any kind of agreement showing that your co-defendant owes you any money for the restitution you paid. If you wish to talk more about this or want a civil attorney who might be able to help you further, please let me know and I can get you in touch. Zach@Divellaw.com 480-935-6545
Q. A friend has been charged in Arizona for Possession of Marijuana and DUI. What to do next? No priors. Court in a week
A: Your friend should contact and hire a lawyer immediately. There are no "do-overs" in criminal court or with the charges he is facing. He will be provided with a public defender for both cases but since it's his first offense, he should make sure someone puts careful attention into his case so everything goes well. It is typical to have the drug charges reduced or completely dismissed after doing TASC. The DUI is going to be a little more difficult and may require jail if not taken care of properly. Feel free to have your friend call or email us for a FREE, confidential consultation. 480-935-6545 or Zach@Divellaw.com or www.divellaw.com
Click here to see all answers
Social Media
Contact & Map
Divelbiss Law PLC
Glendale Office
7112 N. 55th Ave
Suite C
Glendale, AZ 85301
USA
Cell: (480) 935-6545
Phoenix Office
3101 N. Central Ave. Ste. 1400
Phoenix, AZ 85012
USA
Cell: (480) 935-6545
Divelbiss Law PLC
1753 E. Broadway Rd.
Suite 101-288
Tempe, AZ 85282
USA
Telephone: (480) 935-6545