The Court can order a parolee returned to custody to finish the underlying sentence from which they were paroled when there is a parole violation. There are defenses to parole violations and the parolee should confer with their counsel to take advantage of any defenses they may be entitled to.

No attorney worth their salt would undermine the process of Jury Duty by telling you what you should say to get out of it. As much as people dread it, our society couldn't function without citizens willing to sit through trials and examine evidence to reach a conclusion.

Arraignments aren't a time for witnesses to be present generally. That's typically a Grand Jury indictment or Preliminary Hearing. If you cannot afford an attorney, one will be appointed to you. Usually before the arraignment. If you "can afford one" but didn't, the judge... View More

A free attorney is a Public Defender. You need to request one from the court, who will make you jump through a few hoops to determine if you're indigent. If so, your case will be assigned to a public defender. As a former Deputy Public Defender I can say they have a horrible reputation from... View More

Generally a Class 4 Felony can lead to a lengthy sentence. However, how long generally depends on how many priors one has. Presumptive sentence is 2.5-12 years depending on priors. That is per count. There's always a possibility of those being run consecutively (stacked) or concurrently... View More

Have you spoken with the defendant? You should be able to look up the case in the public record and it will list the Public Defender's information. Then you can call their office and figure out how to send them the letter (whether snail mail or email).

do you know how many criminal informants are felons? And every jailhouse snitch is probably a felon. So the answer is YES. Felons are used all the time to help secure convictions. That recording CAN be admissible. But that doesn't mean it MUST be. An experienced attorney who knows the rules of... View More

Every piece of evidence in a case is always subject to a 403 analysis. That means if the evidence is good and can be admitted, it still must be shown to be "relevant" an "not unfairly prejudicial". Whether a case is strong or weak is entirely on a case-by-case basis and... View More

If there is any possibility of jail, then the Court will appoint a lawyer for you at little or no charge if you cannot afford hiring private counsel. Even if the prosecutor is not seeking jail, the Court sometimes will still appoint a lawyer in the interests of justice and can ask for a public... View More

The argument would be that the deception (injury) was not discovered until more recently. This is called "tolling" of the statute of limitations because the injured party is unaware of the injury.

The problem will be finding legal representation to assist you with a complicated... View More

My question to you would be "why do you need a 10-year-old indictment?" Generally grand jury indictments are sealed and you are NOT privy to them. They're secret proceedings. Being that it's 10 years old, you would need some grounds to convince the court to give you a sealed... View More

The search of the car may or may not have been legal regardless of whether you were found guilty or even charged with DUI. There are a lot of legal questions to determine whether the stop and ultimately the search of your vehicle was justified such as whether there was reasonable suspicion to stop... View More

Are you wanting to know how you can get the Court to consider the information?

If so, the best way is to use it as an exhibit at trial. To be eligible to be used as a trial exhibit, you need to disclose it to the other side at least 60 days before trial, you need to follow the Court's... View More

Probably, but you will likely have to go to small claims court to do so. You would need to file a small claims court case for the current market value of the vehicle (because you cannot seek injunctive relief in justice court - "getting your title back" is injunctive relief). If you win... View More

While we do not have the specific details of his case, traditionally there is an initial arraignment hearing within 24 hours and a plea of “Not Guilty” is entered on the defendant’s behalf. At the arraignment the Judge determines the terms of the release conditions and the amount needed for... View More

I do not believe there is any case law on this situation yet. Your husband should work with his attorney. When you state that he "appealed to be released" I presume he appealed to the sentencing court. Now that he has been denied by the Superior Court, he will need to file with an... View More

So much to digest there. However, the overall concept of proof is an easy answer. What proof do you have? Pictures? Text messages? Emails? Eyewitnesses? There can obviously be even other methods of proof but I would need to know the details of each event.

Do you have a pending... View More

That will depend on whether or not the jurisdiction which charged the defendant indicated they requested extradition when the warrant was issued. Some warrants are extraditable and some are not. Most felonies are extraditable but the prosecuting agency may feel some non-violent felonies are not... View More

Unfortunately this is standard procedure (at least in Mohave County where I practice, must be the same in Maricopa). The prosecutors can avoid having to prove their case before the judge and can just feed a bunch of nonsense to a grand jury and get an indictment. It's lazy and it SHOULD be... View More

You need to file for divorce and either you or your counsel will need to carefully review all financial documents disclosed. Not sure why the house is only "titled in one name." If that means that the house was a premarital asset or that you signed a quit claim deed surrendering your... View More