Q: My bf was p/o doing 28 in a 25.they arrested him & charged w/burg in 3 degree,burg tool,poss of stolen prop, prohb possr
This happen in march. so when he sees the judge they throw out everything except burg tools and poss of stolen prop..he goes to jail and is there for a few days and they come tell him to roll up...and on sept 2 maricopa county has page 2'd him on the burg and burg tools..how is this sticking when he was pulled over for speeding and no evidence?
A: The fact that the prosecutor has brought charges does not necessarily mean that they will stick. Truth is, you can be charged for anything. Whether those charges ultimately get dismissed is a different question. Because your boyfriend was speeding, the State will argue that the police had reasonable suspicion to pull him over. If so, the burglary tools and subsequent burglary will be relevant. If, however, your attorney is able to show that the police did not have reasonable suspicion to pull him over or search his vehicle, the attorney may be able to get the evidence suppressed and potentially have the case thrown out.
With regards to the first court appearances in March, the prosecutor only has a certain amount of time in order to establish probable cause on any case while your boyfriend was in custody. Since he was released, chances are the prosecutor could not do so in time. They may have needed more information on the burglary from the police officers so your boyfriend's case had to be dismissed. This does not mean that the case is over, however. Once the prosecutor has the information they need, they can re-file the charges and begin the process over.
Your boyfriend is facing serious felony charges and you should look into obtaining an attorney for him so that he has the best chance of avoiding prison time.
Best of luck,
Jon M. Martinez
Jon M. Martinez Criminal Law Group
40 North Central Avenue, Suite 1400
Phoenix, Arizona 85004
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