Allegedly, an undercover officer pulled me over after running my info and seeing that I supposedly had a suspended license. So, he told me that the car would have to be towed and asked if there was anything in the car. Allegedly, I admitted to drug paraphernalia being in there. As they searched,... Read more »
This is a situation where you will definitely want to talk to me about the specifics of your case, or your friend’s case. Usually there is enough reason to search the case based on you admitting to there being drugs/paraphernalia in the car but this can get much more complex than a simple yes or... Read more »
Yes a criminal defendant has a right to a lawyer at all stages of their case, including an evidentiary hearing. There are very few reason where you wouldn’t have a lawyer and I would be more than happy to discuss it with you. Feel free to reach out for a free consultation 602-900-6642.
There are a few different charges that could involve providing false information so it would be best to contact me directly for a free consultation 602-900-6642. If it’s a misdemeanor then there’s going to be less of a punishment than a felony. However, everyone’s case is a little different... Read more »
is trespassing a moving violation? it seemed like if they were watching me or the area, cause there were 3 sheriffs involved in the stop.
I agree that this is a very weak reason to be pulled over and isn’t the typically traffic violation that allows a the police to conduct a traffic stop. However, someone can still tresspass while in a vehicle so I would need to know more about what actually happened. Feel free to reach out for a... Read more »
Good questions. Legally the answer is pretty vague as the extradition allows the removal to another state. Typically, if someone is already in custody they will finish their sentence and then be extradited to the new state to face the other charges. If you have more questions or are worried about... Read more »
My fear is that I won't be able to cross the border if convicted of a criminal charge. I was riding my Off road vehicle in the desert - there was a wash out on the trail so I took a well used trail around it. But as I took the trail I observed someone waving to me. I approached them. It was a Fish... Read more »
It is highly unlikely that a nonviolent misdemeanor conviction would have any effect on your admissibility into the US. 8 USC 1182 lists the factors which may make a non-citizen inadmissible to the US. The two sections which most closely relate to your question are (2)(A)(i)(I) crime involving... Read more »
I gave birth at home. It was planned, my second all natural birth. She came at 37 weeks just like my previous daughter. She was pink she cried she nursed she pooped. We went to sleep when I awoke she was not breathing. Called 911. Was told at hospital she had died. Then I was held in the room where... Read more »
First, I cannot imagine what you are going through. I wish you the strength to weather this storm, the patience to deal with the government bureaucracies, and the resiliency of spirit to bounce back from this ordeal when you reach the other side.
Unfortunately, unless you can afford an... Read more »
I have no income and the Court would not give me a appointed attorney unless I pleaded guilty. but am pleading not guilty and now have a bench trial with no public defender for a first degree misdemeanor possession of drug paraphernalia/use in the pinal justice court my question is that am I being... Read more »
If the Court is not going to give you jail time, they are not required to appoint counsel. Representation is only guaranteed where the defendant faces a "loss of liberty."
I believe the end of your question was cut off. Please repost.
Maybe never. If you plead guilty to or are convicted of trafficking and the vehicle was used in the process; the state could take the vehicle under asset forfeiture. You might have to buy it back at auction. Regardless, you should arrange for another means of transportation to make your court... Read more »
A Class 3 Felony maximum for a first time offender is 8.75 years. The lowest amount could be probation. Obviously, your brother could fall anywhere in-between that and he would want to talk to a lawyer to make sure he gets the lowest amount. Feel free to contact me at zach@divellaw.com or... Read more »
I have already gone thru the courts and filed a judgement and still nothing. There has to be a way to enforce payment or jail for such actions owes me $250k. The state can jail you for non payment why don't I have the same ability?
There are law firms that specialize in collection of judgments. You can contact them to see if there are any avenues you can pursue to collect the judgment. If you believe the business was engaged in fraud, you can contact the Arizona Attorney General's Office to file a complaint and see if... Read more »
Your attorney should contact you within a week of being appointed. If you do not have the contact information for the attorney, you can call the court to get their contact info.
Confused what it all means. Because no there is no court date? Wondering why?
For whatever reason the Prosecutor's office decided not to move forward with the case at this time. It could be for a bunch of different reasons such as not having the officer available, a paperwork error, a Grand Jury Indictment is expected, etc. Unfortunately, it is difficult to know and find out... Read more »
We have been fighting the case aggv assault on an officer since Oct. 11. I was there and there was no assault or resist during the arrest of my husband. They dismissed the case due to grand jury indictment that means they decided closed doors. One non-guilty arraignment happened and next will be... Read more »
No. The request to extend time was filed by your husband's attorney after the grand jury issued an indictment. There is a hard time limit to challenge the grand jury indictment, so the attorney is making sure they have enough time to challenge the indictment. The second filing is just a... Read more »
The Prosecutor is allowing the lead detective in a criminal case to sit in and listen to everything including the selection of the jurors and everything else involved in the trial
That is legsl. It happens in every
Federal criminal case
Hello was charged with disorderly conduct and (later) assault arising out of a traffic collision in Arizona. At first, I was charged with the disorderly then about a week later, the simple assault charge was added to the same case against me. As both or these charges arose out of the same conflict... Read more »
Jeopardy does not "attach" until a case has been adjudicated. In plain English: until you plead guilty or are found guilty or not guilty in a court of law, you may be subject to additional prosecution. These are also different charges, so, unless the statute of limitations has run (the prosecutor... Read more »
That will depend on what the contraband was and how many prior felony convictions he has. If he was caught with a deadly weapon, dangerous instrument or explosive it is a class 2 felony and all other items (such as a cell phone) would be a class 5 felony. Since he is in prison he has at least one... Read more »
If I plea guilty to a felony it may result in an automatic retake from my sending state. I am currently being supervised by the state of AZ.
My answer to your previous question stands. Failure to diligently research potential consequences is not likely to be a convincing argument before the Court. You really should be discussing this with your attorney / public defender who knows all of the specific details of your case. If you attempt... Read more »
Originally agreed to a plea but would now like to withdraw guilty plea before sentencing
It is exceedingly difficult to withdraw a plea. I would highly discourage you from doing so without being advised by a competent criminal defense attorney that in your specific case that is wise. If you are already a felon and you felt like you could live with the terms of the agreement at the time... Read more »
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