For the purposes of a DMV hearing to determine if my BAC was 0.080 or greater, my two readings (Intoxilyzer 8000) were 0.080 (equal to) and 0.077 (less than). Is the administrative judge required to use the lower, average or higher value in that determination?
The Administrative Law Judge is not required to go with the lower or higher BAC only, as they will take both into consideration. I do not know the specifics of your case and recommend you contact me directly if you want more help at 602-900-6642.
In most MVD hearings the judge is looking...Read more »
Allegedly, an undercover officer pulled me over after running my info and seeing that I supposedly had a suspended license. So, he told me that the car would have to be towed and asked if there was anything in the car. Allegedly, I admitted to drug paraphernalia being in there. As they searched,... Read more »
This is a situation where you will definitely want to talk to me about the specifics of your case, or your friend’s case. Usually there is enough reason to search the case based on you admitting to there being drugs/paraphernalia in the car but this can get much more complex than a simple yes or...Read more »
Yes a criminal defendant has a right to a lawyer at all stages of their case, including an evidentiary hearing. There are very few reason where you wouldn’t have a lawyer and I would be more than happy to discuss it with you. Feel free to reach out for a free consultation 602-900-6642.
There are a few different charges that could involve providing false information so it would be best to contact me directly for a free consultation 602-900-6642. If it’s a misdemeanor then there’s going to be less of a punishment than a felony. However, everyone’s case is a little different...Read more »
I agree that this is a very weak reason to be pulled over and isn’t the typically traffic violation that allows a the police to conduct a traffic stop. However, someone can still tresspass while in a vehicle so I would need to know more about what actually happened. Feel free to reach out for a...Read more »
Good questions. Legally the answer is pretty vague as the extradition allows the removal to another state. Typically, if someone is already in custody they will finish their sentence and then be extradited to the new state to face the other charges. If you have more questions or are worried about...Read more »
A Class 3 Felony maximum for a first time offender is 8.75 years. The lowest amount could be probation. Obviously, your brother could fall anywhere in-between that and he would want to talk to a lawyer to make sure he gets the lowest amount. Feel free to contact me at email@example.com or...Read more »
Feb 2018 my wife was arrested for felony fleeing.The police arrested her from our home.The police refused to allow her to make arrangements for our 3 minor children who were left in the home alone overnight leaving her open to child neglect charges on top of felony fleeing. I was deployed in... Read more »
Please contact my me for an immediate confidential consultation! Zach@Divellaw.com or 480-935-6564. Free of charge consultation so I can get more information on your wife's situation and visit her in person.
You really need to contact a lawyer as soon as possible! You are a juvenile and are facing a felony. These are two very important things that you should value deeply and want to solve the right way. There is good news with recent changes in the law and it is possible to have your case completely...Read more »
I am not sure what they are trying to do to you now that you have completed your probation term. I recommend you contact me as soon as possible to best protect yourself from an more legal issues. Zach@Divellaw.com or 480-935-6545
This is a tricky question to answer because there are many specific things that can happen that need to be evaluated. However, the quick and simple answer is that as long as the police are conducting an investigation they are allowed to detain you. Now, there are other legal things to bring into...Read more »
Burglary in the 3rd degree is a class 4 felony. If the person does not have any prior felonies (among other issues) the range of sentencing is: probation -- 1 year -- 1.5 years -- 2.5 years -- 3 years -- 3.75 years. I cannot get any more specific in answering your question but if you know someone...Read more »
violent crime. In October she developed breast cancer and after eight months has not been started on therapy, she is presently at stage 3a. In similar cases as dire as this how can she get a earlier release or furlough to receive life saving care. her release date is Feb. 2020.
One of the best ways to see if someone has a warrant is to contact the Department of Public Safety at 602-223-2233. They will ask for your name and date of birth in order to look up if you have a warrant and will be able to tell you right then and there.
The answer is fairly simple however the process can be complicated. Essentially, you have to contact the MVD and have them provide you a copy of your driving record. You can typically do this online or in person. Then, on the report you will be able to see which court, if any, have a hold on your...Read more »
My son is 15 He was released on intense probation to his father and now his father is saying he can’t live with me until he is off probation in a year. I wanted to know what my rights are. His dad has been gone for almost 2 years and just came back when my son got arrested.
You will need to check the Intensive Probation Order (IPO). The IPO is an order from the judge (or probation) that allows him to stay somewhere. This is not a decision from the father. You may be able to contact the judge or probation officer to have them allow your son to stay with you.
The marijuana was for my own personal use. I was a passenger in a rental car driving from AZ to IL and we got pulled over on I-40 in Holbrook, AZ. When the officer asked if we had any drugs in the car we answered yes and we told him where it was .I had a telephonic appearance with the judge in... Read more »
The judge has a right to reject any plea offer before you accept the plea. Once you accept the plea, the judge cannot reject the plea UNLESS there is something that is not accurate in the plea...such as have priors when you said you didn't, etc.
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