We have been fighting the case aggv assault on an officer since Oct. 11. I was there and there was no assault or resist during the arrest of my husband. They dismissed the case due to grand jury indictment that means they decided closed doors. One non-guilty arraignment happened and next will be... Read more »
No. The request to extend time was filed by your husband's attorney after the grand jury issued an indictment. There is a hard time limit to challenge the grand jury indictment, so the attorney is making sure they have enough time to challenge the indictment. The second filing is just a...Read more »
If she was charged with a misdemeanor Extreme DUI, she is facing 30 days - 6 months in jail, up to 5 years of probation, and a substantial amount of fines/fees along with other consequences such as loss of license, SR22 insurance, etc. She needs the assistance of an experienced DUI attorney. Most...Read more »
That will depend on what the contraband was and how many prior felony convictions he has. If he was caught with a deadly weapon, dangerous instrument or explosive it is a class 2 felony and all other items (such as a cell phone) would be a class 5 felony. Since he is in prison he has at least one...Read more »
The most important piece of advice in this situation is not to speak with the investigators without an attorney present. Do not think you can simply explain the situation or talk your way out of it. That will not happen. Best of luck!
Cases where someone is charged with only slightest degree (under .08) but they police still believe you are impaired happen frequently. The police may have only submitted charges until they are able to test the blood they collected. However, it is impossible to give you an actual answer without...Read more »
I was given a 5 year probation for a dui related incident. I have completed 2 years October 1, which includes all treatment classes, fine/fees and ua drops which i had 2x a week. I am looking to get a second job and to have an opportunity of a promotion at work but I will not be considered as... Read more »
You are typically eligible for early termination from probation when you complete 50% of the probation term. At this point you have a few options: you can contact your PO and explain your situation and see if they would be willing to submit a request for early termination; if they are not willing...Read more »
You can try using the website below but not all courts provide information to that site. If you think you may have a warrant out of a specific court, you can see if they have an online case search or you can call them. Best of luck!...Read more »
My sister and I got pulled over, she was driving and I was the passenger of the vehicle. They conducted a search and found a large quantity of meth some paraph. marijuana, scale baggies etc. They searched me and found a quarter gram on my person . They ask who the drugs belonged to I said I don't... Read more »
Hello and sorry you are in this situation. When it comes to possession, everything in a car technically is possessed by everyone in the car. If no one takes the blame, all the occupants can be charged. Apparently, your sister blamed you and the police bought her side of the story. If that is...Read more »
My daughter caused an accident while driving with a BAC over .15 and had a child in the car at the time. She is being charged with 4 different counts of Aggravated DUI Felony 6. How much jail time is she looking at here?
Hello and thanks for the question. Unfortunately, it is impossible to give a precise answer without more information. To get the best answer, we will need to know about her criminal history. If she has no prior felony convictions of any kind, in any state, the minimum jail term is 10 days. If...Read more »
The statutes are difficult for a lot of people to understand so I will try to break it down. Marijuana is different from a DUI involving alcohol. Unlike alcohol, there is no "legal limit" when it comes to marijuana. Because marijuana is an illicit substance, having any amount in your system is...Read more »
Recently a case was assigned to a public defender (former prosecutor) to defend a man whos father had been prosecuted successfully by the same attorney many years prior. The son's case is not of the same charges as his father's prior case, however, the attorney remains in the same jurisdiction,... Read more »
While working as a prosecutor, the attorney would not be privy to the communications between the father and his former defense attorney. Meaning the former prosecutor does not have a duty of confidentiality towards the defendant he prosecuted. Fast forward to his work as a legal defender - he does...Read more »
Arizona's sentencing structure is based off of prior felony convictions. With one prior felony conviction, he is called a category two offender. Because he is on probation he cannot receive less than the presumptive term in prison for the offense if he is convicted. How much time he is looking at...Read more »
Hello and thanks for the question. An aggravated DUI is a felony. Under Arizona law, the statute of limitations for this offense is 7 years. Meaning they have 7 years from the day the crime was discovered to prosecute your husband. Depending on how long the delay was (and the reason for the...Read more »
The warrant covered a useable amount of Fentanyl,items used to smoke or ingest fentanyl,and items to weigh or package fentanyl,and U.S currency. The police seized a pipe used to smoke methamphetamine and charged me with paraphernalia and the meth that was in the pipe. Is it legal? Considering it... Read more »
Thanks for the question. You and your tenant are in a sticky situation. Challenging a warrant is a difficult process and is very fact driven. You need the assistance of an experienced criminal defense lawyer. Most lawyers on Justia, including myself, offer free initial consultations. Set one...Read more »
Disorderly conduct change be charged as either a felony or misdemeanor. It is a felony if someone recklessly handles, displays or discharges a deadly weapon or dangerous instrument. If not, it is a class 1 misdemeanor with a potential for 6 months in jail and probation. If this truly is your...Read more »
Hello. You will need to contact an attorney in the city/town/county were the conduct occurred. Attorneys can only represent people in a State where they are licensed to practice law so it is unlikely you will be able to hire a local Phoenix attorney that is also licensed in New Mexico. You may be...Read more »
Typically "theft" under $1000.00 is a misdemeanor. However, shoplifting (even under $1000.00) can be charged as a misdemeanor or felony, regardless of value. A.R.S. 13-1805 - "A person who in the course of shoplifting uses an artifice, instrument, container, device or other article with the intent...Read more »
He just moved here to Arizona from California where he already has been to prison a few times and has a lengthy criminal background for similar crimes. For example, he has a few 2nd degree commercial burglaries and white collar crimes like credit card fraud and similar charges.
Shoplifting can be charged as a misdemeanor or as a felony depending on the facts of the case. If it is charged as a misdemeanor your friend faces up to 6 months in jail. If it is charged as a felony, your friend could be looking at serious prison time since it appears he has prior felony...Read more »
Only the judge can dismiss the order of protection and a hearing is often required to do so. I have included a link to the forms used in AZ courts for Orders of Protection. Go to page 17 and use the "Request" page to request the court dismiss the Order. You will have to explain why you want the...Read more »
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