Hello was charged with disorderly conduct and (later) assault arising out of a traffic collision in Arizona. At first, I was charged with the disorderly then about a week later, the simple assault charge was added to the same case against me. As both or these charges arose out of the same conflict... Read more »
Jeopardy does not "attach" until a case has been adjudicated. In plain English: until you plead guilty or are found guilty or not guilty in a court of law, you may be subject to additional prosecution. These are also different charges, so, unless the statute of limitations has run (the prosecutor...Read more »
The court hearing is up in window rock, and I live in Phoenix. I need to get my kids to school that day, and there isnt enough time for me to get there in time at 10 am, on top of the fact that I dont have a way to get there. I just found out a telephonic hearing was possible, but now there is... Read more »
The Clerk of Court cannot provide legal advice, but yours is more of a logistical question. They may be able to assist you without filing any paperwork. That is where I would start. Hopefully another attorney with experience with the tribal court will see your question and provide a more informed...Read more »
My answer to your previous question stands. Failure to diligently research potential consequences is not likely to be a convincing argument before the Court. You really should be discussing this with your attorney / public defender who knows all of the specific details of your case. If you attempt...Read more »
It is exceedingly difficult to withdraw a plea. I would highly discourage you from doing so without being advised by a competent criminal defense attorney that in your specific case that is wise. If you are already a felon and you felt like you could live with the terms of the agreement at the time...Read more »
The GAL assigned to my case refused to see me until I paid him in full which I could not do. He did not investigate claims made by other party to see if they were accurate did not ask me my side or allow me to present my evidence to him that claims made were a lie. At our temporary custody hearing... Read more »
You really, REALLY need an attorney on your side. If you have not contacted Utah Legal Services to see if you can get pro bono assistance, you truly should . . . Monday. A guardian ad litem SHOULDN'T favor a party who pays over one who does not, but that doesn't mean it might not happen. If you say...Read more »
Based on the extremely limited information at hand, I will presume you were charged with public intoxication; you have mentioned no other potential crimes. In order to be found guilty of the charges, the prosecutor must prove beyond a reasonable doubt that it was likely that you would have injured...Read more »
If you show up first thing Monday morning and tell them you are there to quash a warrant they should be able to assist you with getting that handled. Dress your best, be respectful and apologetic. Going to jail is a very remote possibility if you appear to be a responsible person who just missed a...Read more »
First stop: the Clerk of Court. Tell them what happened and ask them how you can petition the Court for another date. If this is the first time you have missed a court date and the judge did not enter a default judgment against you, it should not be a huge deal. I would make sure to apologize to...Read more »
I live in too small of a house with way to many people, Its a 4 bedroom house with 10 people. My friends family are willing to take me in, my biological dad is going to jail and there is no one I can go to he has denied me from seeing a therapist or anything like that. Can my friends family get... Read more »
Contact UtahLegalServices.org and see if they can refer you to a pro bono (no fee) attorney in or near Tooele. Alternatively, could you convince your mom (unless step dad has adopted you, he really doesn't LEGALLY get a say in the matter) to sign over temporary guardianship? If you cannot get pro...Read more »
My ex is no longer active duty due to medical issue & works on base as a civilian maintaining his military benefits & ID for both of our children age 14 & 15. Through him, our children have TriCare Insurance & their doctor is on base. I have court orders granting me full primary physical custody... Read more »
Is there any reason you could not get duplicate identification cards? I would go to where the ID cards are issued, explain that your ex-husband is infantile, and request they make duplicates to eliminate one source of your ex's tantrums.
If option A is not possible, you might ask the...Read more »
Utah state. I got possession of controlled substance, possession of drug paraphernalia. Just weed, first charge ever in my 28 years. Also Failure to register registration. Warning. Is what the ticket says.
the officer gave me a break for just making it easy for him when he asked if I had... Read more »
An attorney would have to inspect your documents to give you a good answer but my suspicion is that there was a communication breakdown between you and the officer. Failure to register is a non-moving violation and is generally dismissed if you produce evidence that you have corrected the problem....Read more »
It has been 17 days since I hired an attorney to represent my adult son who is on the Autism Spectrum; in a pre file case regarding false allegations of sexual misconduct toward a child that were filed against him in a police report. We have provided documentation regarding my son's medical... Read more »
A lot depends on the status of the case and whether there are any deadlines. Many, if not most, attorneys have a large number of active cases and must prioritize. If charges have not been filed yet, the attorney cannot even request discovery from the prosecutor. Until your attorney knows what...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 »
If he SUCCESSFULLY prosecuted the father, he sounds like he's qualified. If there isn't another reason to all for another attorney, you may want to leave or alone. You have to be careful what you wish for. Your "new" attorney might be less to your liking than the one who or the father in jail....Read more »
Ages 7, 5 and 3. I am on birth certificates. Really have been living as a normal family with mother for 7 years till present. Just have never been married. Our neighbors are even shocked at times to hear we were never legitimately married. We're ending on good terms for the most part but the one... Read more »
You will likely be hard-pressed to find an attorney willing to give you your chances. I will tell you that the request, based on the extremely limited amount of information in this Ask-a-Lawyer post, is reasonable. If you are willing to actually be responsible for taking care of the children 50% of...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 »
It is difficult to determine whether you are indicating that you are in transit or you are supposed to be getting ready to return to the sandbox. If you have not left yet, you need to change your orders. If you are outside CONUS, you need to request emergency leave and COME HOME. Your children...Read more »
Results should be suppressed. You have won the lottery! Has to prosecutor offered a plea deal yet? Don't expect your case to be dismissed, mind you, but the state now has a much harder than ahead of them.
My boyfriends 4 year old sons mom died 2 years ago. My boyfriend is not on the birth certificate because she changed it with out his knowledge. I paid for a dna test and it is his baby. Now were stuck on how to get my boyfriend on the birth certificate without her. Again we live in arizona. Thank... Read more »
The process is called "adjudicating parenthood." If you are in Maricopa County, you may use the forms found at https://superiorcourt.maricopa.gov/media/2971/drp1z.pdf. If you are outside Maricopa County, you may be able to find similar forms on your county court website. You may also use the...Read more »
The question is never "can I sue?" (because that answer is always yes), but "SHOULD I sue?" (or "is it worth my time to sue?" In this case, the answer would be no. Law enforcement agencies are immune from most lawsuits and your suit would almost certainly fail very shortly after being filed. I know...Read more »
If your criminal record truly is completely clean, you should be able to negotiate a plea agreement which avoids jail time UNLESS someone was injured (particularly seriously injured) in the incident. If you can hire your own criminal defense attorney you will have much less frustration than if you...Read more »
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