Questions Answered by Craig Orent

Q: difference between class 4 felony and Class one misdemeanor for domestic assault

1 Answer | Asked in Domestic Violence for Arizona on
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. If on the other hand you are asking why the prosecutor rejected prosecution for a felony but is prosecuting for a misdemeanor, again more information is needed to answer. However, the prosecutor either...

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 ?

1 Answer | Asked in Criminal Law for Arizona on
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 not common for a judge will give you a new lawyer, though as with anything it will depend on the overall circumstances.

Q: I received a complaint for suspected DUI my court date is 2 days away and the complaint number still has not been filled

1 Answer | Asked in DUI / DWI for Arizona on
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.

Q: Are police permitted to question my son as a potential witness without a n atty present?

1 Answer | Asked in Criminal Law for Arizona on
Answered on May 20, 2015

Generally the answer is "yes".

Q: If the county drops charges against you can the city pick up the charges

1 Answer | Asked in Criminal Law for Arizona on
Answered on May 14, 2015

The simple answer is "yes".

Q: Charged with DV for the first time. will the state require for us not to see each other for undetermined amount of time?

1 Answer | Asked in Domestic Violence for Arizona on
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 circumstances - do not dismiss charges simply because the defendant has no record and is a good person; nor do they dismiss charges because the alleged victim does not want to prosecute. And it is a...

Q: what is substantial emergency qualify as find as

1 Answer | Asked in DUI / DWI for Arizona on
Answered on May 13, 2015

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

Q: After being released on own recognition what criteria do judges follow in order to change release conditions ?

1 Answer | Asked in Criminal Law for Arizona on
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.

Q: My husband was charged with domestic violence against me. Can I see him if I want to?

1 Answer | Asked in Criminal Law for Arizona on
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 circumstances, contact can be modified.

Q: What if you a charged with dv. But it was only yelling and slaming doors? Its a first time offense with me

1 Answer | Asked in Domestic Violence for Arizona on
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, yelling and slamming doors "could" support a DV charge (for example, disorderly conduct).

Q: Is there a statue of limitations on misdormenor crime in arizona

1 Answer | Asked in Criminal Law for Arizona on
Answered on May 5, 2015

Yes, one year.

Q: Is it true that a criminal drug charge can get dismiss if you pay the fine?

1 Answer | Asked in Criminal Law for Arizona on
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.

Q: My boyfriend got charged with a misdemeanor domestic violence and assault

1 Answer | Asked in Criminal Law for Arizona on
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.

Q: what happens if my daughter fires a public defender three times

1 Answer | Asked in Criminal Law for Arizona on
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 new counsel 3 times, it's unlikely it will happen again. At some point the judge will say no more changes and if she wants new counsel she'll have to hire one.

Q: Is public affray a felony in new Mexico

1 Answer | Asked in Criminal Law for Arizona on
Answered on May 5, 2015

You need to repost this question in the New Mexico forum

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

1 Answer | Asked in DUI / DWI for Arizona on
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, it depends on the overall circumstances. Good luck.

Q: If I was not arrested, but was breathalized can I still get a dui?

1 Answer | Asked in DUI / DWI for Arizona on
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 should expect. Good luck.

Q: I was gaven two breathalyzer tests due to blocking someones driveway and now have court what should i do

1 Answer | Asked in DUI / DWI for Arizona on
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.

Q: Is the bond (bail) eliminated when someone gets out with pre-trial services?

1 Answer | Asked in Criminal Law for Arizona on
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.

Q: How to plead to lesser charge?

1 Answer | Asked in Criminal Law for Arizona on
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 and fair. If you don't have an attorney assisting you, then you should get one. You may contact me to discuss further. As to your belongings,rightfully owning the property you were trying to recover...

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