the Maricopa County Attorney already sent me a letter stating there wasn't enough evidence to charge him for a felony so it got kicked back to the city prosecutor. And now they are trying to charge him with a class 1 misdemeanor can you explain the differences between a class 4 felony in this... View More
The difference between a felony and misdemeanor is a felony as opposed to a misdemeanor conviction and prison vs jail (if any). But if you are asking why the charge is a misdemeanor rather than a felony, that question cannot be answered absent knowing much more about the underlying circumstances....View More
I have been wrongly charged of a felony and my PD in my opinion is mad when she heard I complained about her! She did not inform the judge I was in hospital and had to reschedule the appt.(not court hearing)and the judge put me in jail!
If your attorney is not responding then one option is to try to contact her supervisor and if that does not work then insist on talking to the judge directly or write a letter to the court. These are not the common approaches but if it's all you have then go for it. Also, keep in mind that it...View More
The likelihood, though not a guarantee, is that the State is awaiting the report to be submitted from the arresting officer "or" they are awaiting the results of the blood analysis. Depends on the court and prosecuting agency how it's handled.
Your questions are the most common asked by people charged with domestic violence related crimes. Unfortunately no attorney can or should answer your questions without knowing more information and being involved in the case. I can tell you generally however that prosecutor's - except in the...View More
I was released on my own recognizance and now with no violations and no prior history of any felony charges or convictions the judge and my public defender say I am going to jail on Tuesday but I don't understand how a judge can rule differently on my release charges when I had no violations... View More
It is difficult to answer your question without knowing more details and the specifics. The best suggestion is to contact your public defender (insist on speaking to him/her) to exactly what is happening and why.
Technically "no". A standard release condition in DV cases is that the defendant (here your husband) have no contact with the alleged victim (you). However, you should contact his lawyer so that he/she can explain your options. In most cases, especially misdemeanor cases, depending on...View More
I assume and hope you have already retained counsel to represent you, but if not, you certainly should do so ASAP, and do not talk with the police or prosecutor nor enter a guilty plea without having counsel first examine your circumstances. But yes, depending on the particular circumstances,...View More
my sister had friends take over her apartment and they were busted with drugs and content to sale. she is being charge with drug charge but she doesnt live there. her apt told her paid the fine and charges will be off her recorded. is this true?
Your boyfriend needs to speak to his lawyer, and if he doesn't have one, he needs to seek one right away. But FYI, generally speaking prosecutors don't dismiss cases because the alleged victim doesn't want to prosecute.
Not sure what you mean as defendants generally cannot "fire" their public defender. Rather they can ask the court to appoint new counsel - which by the way is rarely approved - and the court may or may not agree depending on the overall circumstances. But assuming the court has given your...View More
I assume you have already addressed this, and I hope you have, but if not, you need/should do so ASAP. Generally speaking, especially if a misdemeanor, you will not be taken into custody if you self surrender to the court. However, there are no guarantees and often, as with everything in the law,...View More
Yes, absolutely. The State has one year in misdemeanor cases to charge someone with a crime. If you haven't already done so you should at the very least consult with a lawyer so he/she can learn more about your circumstances and then give you insights as to what is likely to happen and what...View More
I was not in nor near my car the police officers came up to the house i was at and had me come outside, for both breathalyzer tests they had me take I was under the legal limit. Also the officers would not allow me to move my car instead they moved my car for me.
I assume and hope you already have contacted and consulted with an attorney, but if not certainly do so. There are many questions raised by the very brief outline of facts you list here. Be sure to get counsel. Good luck.
Depends on the conditions of release. One can post a bond and be monitored by pretrial services at the same time. On the other hand, if the judge ordered the person's release with no bond then the bond would be exonerated.
Entered ex-girlfriends yard to look for my belongings left when I moved out. She was not home (which I knew beforehand). Neighbor saw me and called police. Arrested for harassment and trespass. Spent night in jail.
Pre-trial offer dismissed harassment for guilty plea of trespass (Class... View More
If you are saying that the settlement offer would require you to serve a jail sentence, then it sounds harsh. However, although you have provided some details, I would need to learn more to fully assess your circumstances, any potential defenses to the charges, and if the plea offer is appropriate...View More
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