answered on Nov 16, 2016
No, the police get to chose. Prior to administering the test; however, the police have to read an advisement regarding consequences of a refusal.
What evidence should I try to collect to bring to my consult?
answered on Nov 5, 2016
Err on the side of bringing anything you think may be useful so an attorney can take a look. If you have the police report, bring that but if not bring the accident exchange you received on the scene and if you hire an attorney he or she can request the actual report. Also, bring any photos you... View More
answered on Nov 3, 2016
The judge has authority to modify bond. However, typically bond only gets modified in a few instances. If seeking to modify bond with the same judge that set the bond in the first place and there aren't any meaningful change in circumstances, then highly unlikely the judge is going to... View More
Proceeding was for narcotics charge. Notification of Procreding date sent by certified mail but never received or signed
answered on Oct 14, 2016
No, you cannot travel out of state. It sounds like you have a felony warrant for a pending narcotic drug charge. If you are arrested out-of-state, you will likely be extradited. This isn't civil...you can't win by contesting service. You are getting arrested unless the judge agrees to... View More
With paraphernalia for a package of rolling papers he picked up from the car seat. He was not charged for marijana. What strategy could be used to get the charges against him dropped.
answered on Oct 5, 2016
Part of it depends on where it is charged and whether that jurisdiction offers some sort of diversion program. If this is his first offense the State won't be able to ask for jail so that might be used as some leverage for a favorable plea and/or further exploring defenses in preparation for... View More
I'm innocent and I don't want to be locked up to prove my innocence. I think I can get more done looking for a lawyer to represent me and file my appeal.
answered on Sep 29, 2016
No you cannot. There are time limits for filing an appeal. You need to at a minimum get the notice of appeal filed and consult with an attorney that does appeals asap.
answered on Sep 27, 2016
It depends. If it is a misdemeanor it is typically sent by mail. If it is felony or a key witness in a misdemeanor domestic violence case it is often personally served.
if they dont charge him the street value is 1.00 (one dollar) do you think they will charge him and im at a plea bargain or take it to trial do you think they will dismiss it if he doesnt come forward?
answered on Sep 12, 2016
Possession of meth is very serious even at a low quantity. If someone else admits to possession, the prosecutor may very well charge him. The statute of limitations is 7 years meaning the prosecutor has 7 years from the date of offense to charge it.
when he hasn't had any felonies in the past that he was charged with or went to prison for?
answered on Sep 11, 2016
This question is best directed at his attorney. Speaking very generally, the range for a class 2 felony is 4-10 years with a possible mitigated term of 3 years and aggravated 12.5 years. The range could have been higher if he had a prior felony.
questioned me about him and his brother eventually leading to a detective coming and told me if I refused to talk to them or let search my house, they would arrest me for domestic violence is this illegal for them to come to my house for domestic violence and then bribe me to talk to them so they... View More
answered on Sep 5, 2016
You have no obligation to talk to the police in a domestic dispute. The police must have probable cause to arrest you. However, they may have felt they had probable cause to charge you with a criminal offense (such as disorderly conduct) and will occasionally use the threat of an arrest to get... View More
I carry a knife, and I've thought about if I ever witnesses a robbery, and I chased down the perpetrator, and while stopping them, I cut them or stabbed them, not a lethal injury, would the stopping of the robbery negate a charge of assault?
answered on Aug 22, 2016
It depends on the circumstances and whether your conduct was justified. The relevant statutes are in Title 13, Chapter 4 http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=13. Even if there is a justification defense, you'd still risk being faced with felony prosecution for aggravated... View More
I was only found guilty of Two. I pleaded them down to lesser charges, completed my resitution and my sentencing, with no incidents. I have only had that incident in my entire life , nothing since. I applied and had my gun rights restored and applied and had the charges reduced to misdemeanors. Is... View More
answered on Aug 22, 2016
Unfortunately, Arizona does not expunge convictions. Depending on the crimes you plead guilty to, you may be eligible to have them set aside. Did you already do this when applying to have your gun rights restored? This basically is an order from the Court vacating the judgment of guilt once all... View More
If the health insurance company has paid off the hospital, can the hospital still ask for money from a car accident settlement in Arizona? I understand that health insurance companies work deals with hospitals to pay a lower price so with that being said, could the hospital still ask for more money... View More
answered on Aug 15, 2016
If you had an attorney representing you on your bodily injury claim, your attorney is the one to talk to. This often gets resolved through the attorneys handling a personal injury case to make sure all liens are resolved when disbursing the settlement funds. In general, the hospital can ask for... View More
i have a F2 taking the identity of another F4-Forgery and a possession of marijuana when on standard probation the victim did press change but the state did my prosecutor says that her higher ups wont approve a plea less than 6 to 7 i want it to be probation eligible i do have prior conviction but... View More
answered on Aug 5, 2016
Although the prosecutor may have some discretion, they often have to go through their supervisor on any meaningful deviations from the plea offered. Your attorney is in the best position to advise on the plea.
i went to the dmv in california and the clerk said that i have a hold on my drivers licence and she gave me this code B11508004 for Arizona
answered on Aug 5, 2016
This doesn't sound like a statute or anything. If you know the hold is in Arizona, you can call the MVD in Arizona and figure out what court is causing the suspension. You commonly see this with unpaid fines in an AZ court, which you would need to take care of in order to remove the license hold.
She is 23 I'm 17 can my perants file harrassment charges on her
answered on Jul 19, 2016
This doesn't sound like a criminal defense question if this is just an isolated instance based on a false accusation that was never reported to the police. Are you trying to pursue a civil case against the lady? If this just happened once and no false statement was ever made to a third... View More
answered on Jul 12, 2016
I'm assuming you are over 18. Regardless, you should really try to work this out with your mother. She might have been genuinely concerned about the puppies. Who was responsible for taking care of them while you were on vacation? Is she harming the dogs? If the dogs are in danger you can... View More
I have no record at all I have no clue what will happen I have a criminal ticket for 20 over the speed limit what can I expect to happen
answered on Jul 12, 2016
This depends largely on how fast you were going. If it was barely over the 20mph criminal threshold then the prosecutor may agree to offer a civil speeding plea or the judge may allow you to take defensive driving school. If it is in a school zone, other erratic driving observed, etc. then maybe... View More
2 prior poss of dangerous drugs and narcartics new charges 2 - poss dang drug 2 - narc poss 2 -drug paraphernalia poss/use
answered on Jul 12, 2016
It looks like this is outside of the Prop 200 protection against incarceration if there are two prior convictions. As a result, incarceration may be imposed. Best to consult an attorney to review.
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