Legal Question in Criminal Law in Arizona

Arrested at home at 5am in the morning for the charge of Interferring with Judicial Proceedings (suspected of having had consumed alcohol in my home while children were in my care - violating Divorce Decree which does not allow either party to consume alcohol while children are in our care).

I did not admit guilt and there is no evidence other than the officers opinion that he smelled alcohol and that I acted impaired. No blood, no urine, no field sobriety, and no breath. My live in girlfriend will attest to this.

Officers knocked on my door claiming that they had a request to check the welfare of the children. I allowed them in my house, telling them they had no reason to come in my home -- I was obviously highly annoyed that my ex wife would use the police as her tool to harrass me, but I allowed them in.

They checked on all my kids and said they all seemed fine. At that point the officers began questioning me as to weather or not I had consumed alcohol the night before. I told them I would not say yes or no. They persisted and I held my ground. Finally they just put the hand cuffs on me and read me my rights. Even at the jail, and once outside of the vehicle, the officer asked me again saying something like, "c'mon man, you and I both know you were drinking. Why can't you just admit it?" Was curious that he asked me this outside of the vehicle where my words and his were probably being recorded. I thought there could be no more questioning once Miranda was read to me?

I had to go to jail and my case was classified as DV?? The judge gave me a $2,500 cash bond for this. Thank God I had it and was able to get out but my ex wife got to come to my house and get all the kids out of bed and take them away! This is outrageous.

I went to court yesterday and the judge threw out the case because it was filed on the wrong paper. I thought this was all over and then he informed me that the Prosecutor would be refiling the paperwork right away and I could expect a new court date??

My ex wife is attempting to use this Prosecutor to convict me so that she can gain Full Custody of our children and take away my Joint Legal Custody.

What in the world would make a Prosecutor fight so hard to convict on a misdemeanor when they would normally plea something like this out and offer Diversion?

I have never had one single act of DV in my life. No abuse. No police in our marriage. No Restraining Orders -- nothing.

One lawyer offered to take my case now and try and convince the Prosecutor to drop it because there was no evidence, the other told me to just wait until I get the paper in my hands and then contact him. I want to be proactive on this.

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