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...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...Read more »
Hello and thank you for the question. If the initial stop and detention were unlawful, you may be able to successfully defend the possession of marijuana. However, such a challenge relies heavily on the facts of your particular case. A lot more information is needed to give you the best answer....Read more »
Hello and thank you for your question. Because your son is charged with a felony, he will be appointed an attorney if he cannot afford one. In terms of possible outcomes, it is unlikely your son will do any jail time but making sure he has a clean record is very important for his future. I...Read more »
Prosecutors make charging decisions based on the evidence. If there is sufficient evidence all parties were involved, then all parties will be charged. In a typical felony murder prosecution, all "confederates" (actors in the original crime) are charged.
Hello and thank you for the question. You can hire an attorney to file a Petition to Terminate Probation (you can also file the motion yourself). Such as motion is typically appropriate after you have finished at least 50% of the probation time, stayed current on fines and fees, and have remained...Read more »
It is possible to get it back. You would have to apply for a waiver called a "Good cause exception." I would also suggest speaking with an attorney about getting that conviction "set aside." This will give you the best shot at getting that fingerprint clearance card back....Read more »
im only looking for about 10yrs back. My son is serving 75 years sentence for misconduct with a weapon which he got 21yrs for burglery 25yrs and kidnapping 25yrs (it was his girlfriend he didnt kidnap her her parents didnt like him) all ran consecutively. so im trying to research murder and... Read more »
There are a couple issues with a 10 year old accusation. One would be the statute of limitations - meaning the case may be too old to be prosecuted. However, there are certain offenses where the standard 7 year statute of limitations for felonies would not apply. Second, what is the reason they...Read more »
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