This happen in march. so when he sees the judge they throw out everything except burg tools and poss of stolen prop..he goes to jail and is there for a few days and they come tell him to roll up...and on sept 2 maricopa county has page 2'd him on the burg and burg tools..how is this sticking... View More
The fact that the prosecutor has brought charges does not necessarily mean that they will stick. Truth is, you can be charged for anything. Whether those charges ultimately get dismissed is a different question. Because your boyfriend was speeding, the State will argue that the police had...View More
Arizona treats victims of domestic violence very carefully. The police are required to file a report and submit for charges if they believe a domestic violence assault has occurred. In addition, the police generally will arrest the suspect of the domestic violence assault and remove them from the...View More
Generally speaking, if a person is served in person with a subpoena, they are required to come to the trial. If they are not personally served, the court would have no recourse if they did not attend the trial because they cannot be certain that they received the subpoena. That being said, I...View More
If it is charged as a misdemeanor, the maximum penalty is 6 months in jail, a fine of $2,500 plus an 84% surcharge and probation for up to 3 years. You would also be required to attend domestic violence classes and counseling. If you are charged with a felony offense, the sentence would depend on...View More
Arizona has some of the strictest DUI laws in the country and unfortunately, there is no diversion program for first time offenders. Arizona law requires jail time for every single person convicted of a DUI, no matter how clean their past is. DUI is a class 1 misdemeanor offense and carries a...View More
I am a bit confused by your question. By no bond, do you mean that you will be held in custody or that you will not have to pay a bond in order to get released? Normally for a first time drug possession offender, you will be released by the judge, but they could require you to post a bond or to be...View More
I would recommend hiring an attorney to help you out, assuming this is for a criminal matter. The first thing you or your attorney would need to do is quash your warrant by filing a motion with the court. Once that is done, you would need to set up a pre-trial conference in order to obtain the...View More
TENANTS were evicted thru the courts. They returned. Police finally cuffed them and said I could only charge them with tresspassing not breaking an entry. Yet they said it was a felony. What is correct?
It is rather difficult to determine what the tenants will be charged with for a number of different reasons. First, the police are not the ones who charge people for their crimes. Neither are you. Rather, the police submit a case to the County Attorney's Office or other prosecuting agency...View More
An informant can be used at any time, regardless of whether they are doing drugs or not. The problem from the prosecutor's point with an informant like that is any good defense attorney should be able to show that this informant is not reliable when they take the stand. Just make sure your...View More
Unfortunately, there may not be much that you can do at this point. I am assuming that you are attempting to get your police report also and at this point there may not be one that is completed. If your case is being investigated, the best thing that you can do is hire an attorney and do not...View More
In order for your 2011 DUI to be considered a second DUI for punishment purposes, your first conviction must be within 7 years. Your previous DUI from 15 years ago should not affect you too much, but often times prosecutors will attempt to increase your jail time slightly because of your first DUI.
If you are convicted of a second DUI, the minimum sentence you can receive is 90 days in jail of which the judge may suspend 60 days if you complete alcohol counseling. If the second DUI is an Extreme DUI, you are facing a minimum of 120 days with 60 days that may be suspended with the completion...View More
It depends on what jurisdiction your warrant is out of. The judge has an option of doing a number of different things, including taking you in and requiring you to pay a cash bond, releasing you to pre-trial services with alcohol testing or simply releasing you on your own recognizance. You may...View More
Yes, you can be indicted more than once for your case or an existing indictment may be amended to add other charges or victims. The Double Jeopardy Clause in the Fifth Amendment to the US Constitution protects individuals from being tried twice for the same crime by the same government. The clause...View More
Yes, if you are granted probation in Arizona, it is in lieu of prison. Your probation officer can visit you daily if they have the time. However, I would find it unusual for a probation officer to visit more than once in a day unless he finds something suspicious. Remember, if your probation is...View More
If you are talking about a criminal matter, failure to pay a fine or a restitution order is usually considered a violation of probation or a violation of his release. If the defendant is not paying as required by the court and is on probation, the court may violate his probation and sentence the...View More
Burglary in the 3rd degree is a class 4 felony offense in Arizona. The maximum penalty for a person with no prior felony convictions is 3.75 years in the Arizona Department of Corrections. It has a presumptive sentence of 2.5 years and a mitigated sentence of 1 year. Probation may also be...View More
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