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Questions Answered by Craig Orent
1 Answer | Asked in Domestic Violence for Arizona on
Q: difference between class 4 felony and Class one misdemeanor for domestic assault

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... Read more »

Craig Orent
Craig Orent answered on May 27, 2015

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.... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If I asked my PD two times to file paperwork with court to request New attorney and they do not do it what can I do ?

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!

Craig Orent
Craig Orent answered on May 26, 2015

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 is... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: I received a complaint for suspected DUI my court date is 2 days away and the complaint number still has not been filled

What will happen?

Craig Orent
Craig Orent answered on May 20, 2015

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.

1 Answer | Asked in Criminal Law for Arizona on
Q: Are police permitted to question my son as a potential witness without a n atty present?

The officers and his mother questioned him multiple times in order to get the answers they wanted. It had to do with serious allegations against his father.

Craig Orent
Craig Orent answered on May 20, 2015

Generally the answer is "yes".

1 Answer | Asked in Criminal Law for Arizona on
Q: If the county drops charges against you can the city pick up the charges
Craig Orent
Craig Orent answered on May 14, 2015

The simple answer is "yes".

1 Answer | Asked in Domestic Violence for Arizona on
Q: Charged with DV for the first time. will the state require for us not to see each other for undetermined amount of time?

Conditions for release were no contact. Is there a chance for the prosecutor to drop the charges since both parties don't have a record? And would we be able to see each other after that?

Craig Orent
Craig Orent answered on May 13, 2015

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 rarest... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: what is substantial emergency qualify as find as
Craig Orent
Craig Orent answered on May 13, 2015

Your question is unintelligible. If you still have a question you would like answered, re-post it.

1 Answer | Asked in Criminal Law for Arizona on
Q: After being released on own recognition what criteria do judges follow in order to change release conditions ?

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 of my... Read more »

Craig Orent
Craig Orent answered on May 8, 2015

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.

1 Answer | Asked in Criminal Law for Arizona on
Q: My husband was charged with domestic violence against me. Can I see him if I want to?

He was arrested and charged and released. His court date is 3 weeks away and I really want to talk to him. I did not press charges, the state is.

Craig Orent
Craig Orent answered on May 8, 2015

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... Read more »

1 Answer | Asked in Domestic Violence for Arizona on
Q: What if you a charged with dv. But it was only yelling and slaming doors? Its a first time offense with me

Its my first time ever being introuble. But my and my wife were only arguing and she and i slammed doors and the negibor called the police

Craig Orent
Craig Orent answered on May 6, 2015

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,... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Is there a statue of limitations on misdormenor crime in arizona
Craig Orent
Craig Orent answered on May 5, 2015

Yes, one year.

1 Answer | Asked in Criminal Law for Arizona on
Q: Is it true that a criminal drug charge can get dismiss if you pay the fine?

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?

Craig Orent
Craig Orent answered on May 5, 2015

Need more details and clarification, but if the charge is in fact criminal, the answer to the posted question is "no", one cannot obtain dismissal simply by paying a fine.

1 Answer | Asked in Criminal Law for Arizona on
Q: My boyfriend got charged with a misdemeanor domestic violence and assault

The other party wants the charges dropped.he violated court order to return home with permission of the other party.got arrested again will he be able to be released on his court date? No priors

Craig Orent
Craig Orent answered on May 5, 2015

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.

1 Answer | Asked in Criminal Law for Arizona on
Q: what happens if my daughter fires a public defender three times

state of az

Craig Orent
Craig Orent answered on May 5, 2015

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 daughter... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Is public affray a felony in new Mexico
Craig Orent
Craig Orent answered on May 5, 2015

You need to repost this question in the New Mexico forum

1 Answer | Asked in DUI / DWI for Arizona on
Q: I have an outstanding DUI from 2010 that I missed my last court date for. Which means I have a failure to appear warran

How do I fix this? Will I go to jail if I turn myself in?

Craig Orent
Craig Orent answered on May 5, 2015

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,... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: If I was not arrested, but was breathalized can I still get a dui?
Craig Orent
Craig Orent answered on May 5, 2015

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 you... Read more »

1 Answer | Asked in DUI / DWI for Arizona on
Q: I was gaven two breathalyzer tests due to blocking someones driveway and now have court what should i do

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.

Craig Orent
Craig Orent answered on May 5, 2015

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.

1 Answer | Asked in Criminal Law for Arizona on
Q: Is the bond (bail) eliminated when someone gets out with pre-trial services?
Craig Orent
Craig Orent answered on Sep 17, 2011

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.

1 Answer | Asked in Criminal Law for Arizona on
Q: How to plead to lesser charge?

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... Read more »

Craig Orent
Craig Orent answered on Jun 28, 2011

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... Read more »

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