Tempe, AZ asked in Criminal Law for Arizona

Q: On 08/31/2018 there is a pre-trial conference.

On July 6 my friend and her husband got in argument, in Flagstaff, AZ.

She was charged with assault - intent to injure, criminal damage, and disorderly conduct. (she has a order of protection against her husband.)

She went to Jail for the night of July 6.

On 8/10/2018 she appeared at court for the arraignment, she plea not guilty.

On 08/31/2018 there is a pre-trial conference. WE ARE WONDERING IF SHE SHOULD TELL THE PROSECUTOR SHE HAD THE ORDER OF PROTECTION?

ARE THEY BOTH IN VIOLATION OF THE ORDER OF PROCTECTION?

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1 Lawyer Answer
Zachary Divelbiss
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Answered
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: The charges that your friend is facing are serious charges and are the typical charges we see with this kind of situation. The fact that there is an order of protection may help her case. The prosecutor will take into account the fact that there was an order of protection against husband, however, it will not excuse her acts in regards to her charges she is facing. This is where it is important to have a lawyer on your side who can argue against the prosecutor to have the charges dismissed or lowered. Your friend is likely facing more nights in jail if she pleads guilty to all the charges. If you have more specific questions, please don't hesitate to contact us before the next court date. 480-935-6545 or Zach@Divellaw.com

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