My fiance' was out on pretrial services as well as on probation and was arrested for alleged crimes for which he has not yet been charged officially. The prior charges he was out on pretrial for, yes, and there WAS a probation revocation hearing set but has not been had yet. It seems as though... Read more »
Within 24 hours of arrest, he was supposed to see a judge to determine release conditions. From what you are saying this sounds like a probation hold. The probation officer has a lot of descretion and even if there not a new charge if the PO has a reason to believe probation has been violated,... Read more »
Can it Be Expunged, if the person has no previous criminal record
Whether the prosecutor is seeking jail and/or the judge imposes jail depends on a lot of factors including the value of items and criminal history. Maximum jail for a class 1 misdemeanor is 6 months jail. There is no mandatory minimum jail for misdemeanor shoplift. For a first offense a lot of... Read more »
So it's actually 13-1805, which is the Arizona statute for shoplifting (my guess is that the charges on the complaint were handwritten and the officer's "13" looks like a "B"). As a result, I'm assuming this is misdemeanor shoplifting in which case the maximum... Read more »
Case Description: Yesterday I was walking into Safeway and tripped on the curb and fell onto my hands and knees I was so embarrassed and I got up despite the pain I was in and tried to play it off like I was ok. I went in using the cart to help me get around and finished my shopping. The manager... Read more »
Regardless of whether you will be able to recover or not; your first priority should be your health. Whether you have an actionable case against Safeway depends in part on whether Safeway was at fault. You should immediately consult a personal injury attorney and many offer free consultations.
Yes, for an alcohol DUI the interlock restriction will remain with the MVD when you reinstate your driving privileges.
I have had no legal trouble before of after my judgement in 2013. In my plea agreement, the court was reduced to "non dangerous". Specifically 13-907 #2 the only "register" I had was enter into probation for the charges of aggravated assault, (non dangerous, non repetitive).... Read more »
You and my colleague appear to be citing an old version of the statute. The correct statute is ARS 13-905, which can be found at: https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/13/00905.htm
The law has changed to be a little more favorable regarding set asides as... Read more »
1 attorney told me to file a motion to dismiss without prejudice is this correct? I have DUI from 2012 for marijuana do to the new law in Az allowing medicinal marijuana. I would like to have the charges dismissed at the time I had a medical marijuana card from another state I don't know if... Read more »
Based on your question, I cannot tell whether you have a pending charge or a conviction for DUI from 2012. If it is a pending charge, then there is likely an active warrant for your arrest and you will need to get the warrant quashed and handle the DUI case before the driver license hold will be... Read more »
Papers or is it more believable that you don't remember any of it
This is not a legal question. Unfortunately, an attorney won't be able to help with this question as this does not involve any issue requiring legal knowledge.
I was scratching a lottery ticket and I didn't think I was sleeping but the cop said he was standing there for "5 mins" I was arrested and charged with 2 DUI's. Blew 0.00 blood could not be drawn and urine sample was taken. I told the officer that my pee would not be clean but I... Read more »
You should contact a criminal defense attorney as soon as possible. Peoria often draws blood so it is curious as you post blood could not be drawn. A urine test may have issues with the results. There also may be an issue as to driving or actual physical control. You should avoid posting any... Read more »
I was long formed for shoplifting given a court date I went in and told the judge not guilty they assigned me another telephonic court date in which the County attorney presented information to me and gave me options one would include a plea and I don't understand any of it and I asked if a... Read more »
You always have the right to an attorney meaning at any point you can consult or hire a lawyer. You are only entitled to have the court appoint an attorney for you if you are indigent and the punishment may involve the loss of liberty. In some courts, the judge will appoint an attorney any time... Read more »
A warrant is still a warrant no matter how old it is and you can be arrested at any point until you resolve the warrant. Does this mean you will definitely be arrested the second you step foot in Tennessee? No, but you are at risk whenever you have any contact whatsoever with law enforcement. If... Read more »
You can ask for a court appointed lawyer at your court date listed on the Traffic Ticket and Complaint. You will then be asked to provide the court with your financial information so the court can determine whether you are indigent. Many courts will not appoint a public defender unless the State... Read more »
The State of AZ filed an unopposed motion for extension of time to file answering brief and I want to know if I can contest it.
A Motion for Extension of time can be contested; however, if it is "unopposed" that means the State of Arizona already sought the other side's position and did not object or did not timely object. Typically, a judge will grant an extension even if opposed unless there is good reason... Read more »
If by unsettled DUI in Florida you mean you have an active warrant for your arrest to appear in Florida, you'll need to quash the warrant and remove the hold on your license there before Arizona will issue a license. You should contact an attorney licensed in Florida to address the Florida DUI.
Possession of marijuana in Arizona
California resident (Legal in CA)
Criminal charged
First offense
No doctor letter
Officer told me its a misdemeanor
Court: Parker Magistrate (Dec. 2)
In light of Arizona Prop 207 legalizing possession of up to 1 ounce of marijuana for individuals over 21, the prosecutor should agree to dismiss. Do NOT plead guilty to possession of marijuana. You should privately consult an attorney who can help discuss further.
Im confused on the concept so does a DUI time start the day you were caught or the day you were convicted? Im asking because im currently seeking a set-aside.
The length of time both since the date of arrest and date of sentencing can both be used as factors for considering a set aside. Although it depends on the judge, even more important is usually the length of time since completing the sentence. This is also a specific factor to be considered under... Read more »
I did not receive an "Admin Per Se/Implied Consent Affidavit" when cited (BAL 0.07) so my license was returned to me. Will my license only be suspended if found guilty of the above charge or will it be automatically suspended at some future date?
If you are found guilty of DUI impaired to the slightest degree you will get a 90 day license suspension + a 1 year interlock requirement by MVD. The suspension will happen after you are found guilty of DUI on your court case because MVD will receive an abstract from the Court saying you were... Read more »
But I can't find any exact information, everything refers to alcohol. I would like to know about jail time, licence suspension, fines. For both her as a minor and her parent.
Great place to look is Chapter 4, Title 28 of the Arizona Revised Statutes. It's available online to the public at https://www.azleg.gov/arsDetail/?title=28
Arizona. Advice please.
What is statue of limitations?
There was likely a medical blood draw that was used by police to determine the presence of alcohol and/or drugs. Normally a single vehicle collision on its own will not be sufficient to be allege the DUI as aggravated so more information would be needed. The best advice I can give is to consult a... Read more »
The video was taken by the attending officer's body cam. The video was sent to me from the prosecutor of this case.
If you have an attorney, you will want to ask your trial attorney. Ultimately, this is a tough question to answer because it involves going through the rules of evidence that us lawyers learn from law school and experience. Basically to use the body cam as evidence you will want to request the... Read more »
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