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Zachary Divelbiss

Zachary Divelbiss

Divelbiss Criminal Law
  • Criminal Law, DUI & DWI, Traffic Tickets
  • Arizona
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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 and I worked in the same office, although we were at different law firms. He was eager to learn and developed a reputation for honesty and zealous advocacy.
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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
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• 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
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• 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
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• 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
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• 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
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• 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
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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
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Honors: Cum Laude Provost Scholarship
Professional Associations
State Bar of Arizona # 033949
Member
Current
Websites & Blogs
Website
Legal Answers
61 Questions Answered

Q. When Does the defendant see the evidence that proscution has against them before the plea deal or after.
A: You will see and be able to review the evidence both before and after you receive a plea offer. ASK for your evidence and you will receive it! WHEN you receive it is a better question... With a misdemeanor case, most of your evidence will be available before you receive a plea offer. There may be some outstanding evidence that you will not have such as body camera footage, DNA, blood tests and other various evidence. You will likely have all police reports, witness statements, and photographs before you receive the plea. This can fluctuate because you will almost always be offered a plea right off the bat and will barely have any evidence. It is typical that you be allowed to continue the court date an additional 30 days that way there is more time to receive the evidence. Theoretically, all evidence will be received before the trial or else you cannot use the evidence at trial. However, this also means that you will have to prepare your case as if you expect to go to trial and is not the same process required when you take a plea deal. In felony court, the process is relatively similar to misdemeanor cases. You will receive some of the initial evidence right off the bat along with the plea offer. The longer your case continues, the more evidence that will eventually be disclosed and received. In felony cases, there are a few exceptions because of what are called "fast track" cases. In these cases, there will be almost no evidence other than a police report and a plea offer. The goal of this court is to move along the "easier" cases faster since it is likely these defendants will have an open and closed case or they have multiple prior felonies which means they will likely not go to trial anyways (since if they lose they punishment is practically doubled). The reason that you will not have all your evidence throughout the entire case is a slight mystery but ultimately comes down to the lack of resources. Imagine that everyone getting arrested everyday has to go to court and then all the evidence the police collected has to be copied and distributed to the correct court and defendant. This process, although seemingly easy since it's 2019, is complicated and time-consuming. Police staff (behind the scenes) have to go through every piece of evidence and make sure there is nothing confidential being disclosed and properly categorize it. Blood-testing gets really backed up because the laboratories get so many cases every day. Police body worn cameras can record for hours at a time and it takes forever to download just one day of recording and then review and edit the whole thing. Police officers delay writing their reports for days or weeks! And then, and then, and then... Here is your long answer to your short question. I hope this helps and you have rights as a person and defendant so make sure you hire a lawyer to help you through the process!
Q. What happens to your immigration status if you get a DUI?
A: This question is better answered by an immigration attorney. I work hand-in-hand with an immigration firm and they can give you a better answer considering they will be able to advise you on your legal status and requirements to gain citizenship. I am aware and highly recommend that you fight your DUI charge because you will have a difficult time passing the "good moral character" requirement if you are charged with a DUI.
Q. I have 2 felonies on my record,1 in 1990 and 1 in 1992. How would I go about getting my rights back?
A: Awesome to hear you are interested in getting your right back! Many people complete their cases and move on in their lives without getting their rights back. At this website you will find the application and directions for the "restoration of rights" packet. You should be able to follow the directions and get everything completed. Be sure to accurately complete the entire application or else it will be denied. You can also hire a lawyer, such as our firm, to complete the application for you. Best of Luck! https://www.maricopa.gov/929/Restoration-of-Rights
Q. What can I do if I have a failure to appear on a driving on suspended in Arizona but no longer live in that state
A: Hire a lawyer and we can go to court for you and allow you to complete the suspended license case without you having to come back to Arizona. Make sure you let the lawyer know the situation so you don't end up overpaying. Give us a call or email if needed 480-935-6545 or zach@divellaw.com
Q. nics wants to know if my conviction 44 years ago of larceny was a misdeameanor or felony.
A: Hello, I understand your frustration as we have encountered similar issues. Our best recommendation is to go in-person to the County Records Office. If your case 44 years ago was in Maricopa county then you have a few different locations you can go to. This is your best bet to find what you are looking for. If they don't have records then good luck for anyone else finding something.
Q. My husband was charged for theft mean of transportation but the car was borrowed from a friend
A: Your husband may have a good case. Please feel free to contact us directly and we can speak in confidentiality about his case and how we can help. 480-935-6545 or Zach@Divellaw.com
Q. Hi I am sending you a link to the inmates record. Seems he should be released. Thank you
A: Hello, this link you have attached is the generic link without any individual case information. I do not believe the site will allow you to copy and paste it with the inmates information. Feel free to send us an email with the information. Zach@Divellaw.com
Q. Why does the law state that you cannot take defensive driving if you hold A CDL in the state of Arizona
A: Those who hold a CDL are held to a higher standard and thus will not be allowed to attend defensive driving school. It is a law that was passed and is still in effect. Additionally, MVD may take corrective action against you and your CDL for even some of the most minor driving infractions. If your CDL is at risk of being suspended then you should fight your traffic case through court and the suspension through the MVD hearing process.
Q. How can I get my husband free from jail if his case isn't right
A: You should begin to look for an attorney that handles post conviction relief and appeals. They will be your best help for your husband. The public defender's office has an appeals department if you are unable to afford a private attorney.
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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