Typically, the court will set a sentence review and just needs to see progress towards completing all terms of your sentence unless the sentencing was a long time ago. Part of it depends how long ago you were sentenced.
If the court sees proof of enrollment and progress towards the...View More
Yes, Rule 8 applies; however, this is different from the statute of limitations. The statute of limitations is the time the prosecutor has to file charges whereas Rule 8 involves your right to a speedy trial after charges are already filed. For a misdemeanor DUI the prosecutor typically has up to...View More
I was pulled over, parked on the side of a residential area asleep in my driver side chair. Awoken by PD taken from car where they found my keys upon the pat down but bac was .085 and they charged me 2 years later by mail. Is there anyway to fight this ?
There are two potential issues from your question. The first is whether you were in actual physical control of the car. In Arizona you can get a DUI for driving or being in actual physical control. However, sometimes actual physical can be hard to prove especially without evidence of driving or...View More
If he is found guilty, DUI in Arizona carried mandatory minimum jail time. A first offense extreme DUI with a BAC above 0.15 carries mandatory minimum jail time of 30 days with the judge having discretion to suspend all but 9 days with an interlock. A super extreme DUI with a BAC above 0.20...View More
fault. This prevented me from working and im gonna have to stay with my brother now. I dont have health insurance. the rental was totaled. i dont know how severe it is but i do get headaches and my back/shoulder/neck area is stiff. Because i lost access to the car the i cant work right now and i... View More
Did this happen in Arizona? I am only licensed in Arizona so I cannot comment on other jurisdictions, but if this was an AZ collision and the other party was at fault a lot of times medical providers will treat with a lien so you do not have to pay out-of-pocket. In addition to the medicals, you...View More
I requested for an MVD hearing in Arizona, to challenge an implied consent license suspension (for failure to submit to DUI alcohol testing). This automatically stayed my license suspension, pending an administrative hearing.
Per A.R.S. 28-1321(I): "On the receipt of a request for a... View More
This is a good question because according to statute these hearings are supposed to be held within sixty (60) days. Unfortunately, the delay alone will not void the suspension. For the past 2+ years the administrative hearings have typically been delayed past the 60-day timetable. Arizona case...View More
I was pulled over for speeding and the officer was asking me about my recent arrest and I was unaware of this arrest. He informed me I had been arrested a week prior and charged with fraudulent schemes and taking identity of another. I was not present for this arrest and had no knowledge of this... View More
One possibility is that the Court may have issued a summons and after you failed to appear at your court date, an arrest warrant issued. It could be that you never were aware of the summons and it was sent to a bad address. You should consult a criminal defense lawyer to go in greater detail and...View More
In Phoenix, AZ with no record at all, not even a ticket. I was charged with ARS 13-1805 for shoplifting from a Hobby Lobby for 50-60 dollars in things and noticed the ticket (printed onto a traffic ticket) doesnt have any detailed information on it, my eye and hair color are wrong, and something... View More
For misdemeanor charges, it is common for them to be charged by an officer using the Arizona Traffic Ticket and Complaint form even when it is not a traffic offense. For a first offense sometimes there is an opportunity at diversion. Regardless, you should contact a lawyer immediately to help go...View More
If there are criminal charges against the assailant, you should talk to the victim advocate. A lot of times you can get release conditions (if not already in place) that will prohibit contact or harassment. If there is no criminal case you may be able to get some form of protective order such as...View More
On many legal claims you have to prove that the company did something wrong. Did the company making the sweatpants tell you or market their product as being able to securely hold the iPhone XR without falling out? Is the iPhone XR advertised to be able to securely fit in these particular...View More
I was 18 and homeless in 1996, cutting across an open parking lot (privately owned). A policeman said he couldn't stand us homeless (today I hold degrees in biotech, microbiology, and teaching) and I needed to leave town. He arrested me for criminal trespass. I was fed rotten green baloney and... View More
It sounds like what you are probably seeking to do is set aside your conviction. While this is not entirely what you are asking, it may accomplish your objectives. A set aside if granted will set aside the judgment of guilt and dismiss the complaint. You should consult an attorney to discuss...View More
The judge is correct the time to argue facts are trial. I understand this is not the answer you were hoping to hear, in criminal cases there is not a Motion for Summary Judgment where you are permitted to get a ruling of guilty or not guilty based on undisputed facts prior to trial. You can...View More
If by drug screening you are referring to UA ordered by Court/probation/pretrial services to determine whether there are any drugs in your system, typically you will be ordered to a specific provider such as Averhealth. You will have to go to that provider unless you will get permission from the...View More
Nobody bothered to further investigate the surveillance footage to verify whether or not it was even me no investigating officer met me in person to compare me to the footage and now a year later I'm going to jury trial for a crime I didn't commit that I've already been charged with.
If you are going to jury trial it sounds like you already have an attorney and this is something you want to discuss with your attorney. If you have not hired an attorney it is strongly advised you consult an attorney immediately. The prosecutor is required to prove beyond a reasonable doubt that...View More
I was given a breathalyzer and field sobriety test, arrested. Then released about an hour later. I was given a traffic ticket and complaint for DUI .08%, DUI slightest, and no lights. I have a court date. Why isn’t my case showing online?
1. The officer has not filed the Complaint yet with the Court or it was recently filed and has not been processed yet in Court. Normally it will take a couple days from the arrest for the Complaint to be reflected in the court system online....View More
Yes, getting the bills for all your medical records is very important if seeking recovery for damages of related medical treatment. This can sometimes be tedious to do without the help of an attorney and sometimes it is difficult to correctly present a claim if you have one. You should contact a...View More
The search of the car may or may not have been legal regardless of whether you were found guilty or even charged with DUI. There are a lot of legal questions to determine whether the stop and ultimately the search of your vehicle was justified such as whether there was reasonable suspicion to stop...View More
If there is any possibility of jail, then the Court will appoint a lawyer for you at little or no charge if you cannot afford hiring private counsel. Even if the prosecutor is not seeking jail, the Court sometimes will still appoint a lawyer in the interests of justice and can ask for a public...View More
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... View 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,...View More
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