Kelli Y Allen's answer You need to have an immigration attorney review a copy of the judgment to determine what risks you may incur in applying for naturalization. There is a fairly high chance that the conviction may make you removable.
Mike Branum's answer If you and your defense counsel can show by a preponderance of the evidence that law enforcement officials had knowledge the vehicle was not stolen when they obtained the warrant, then yes, you should be able to succeed in a motion to suppress any evidence obtained UNLESS the state can show they would have obtained the information through another means which would not have been a violation of your Fourth Amendment rights.
As with many of these questions, there are a plethora of...
Zachary Divelbiss' answer I am having trouble trying to pull up this case number to see what the charge is. I will need more information in a confidential email to email@example.com. I need full name and date of birth. If you know more about the surrounding case, that would be helpful such as the year of offense and court that handled the case.
Zachary Divelbiss' answer Typically, once you complete all terms of probation you can apply to end your probation. Sometime probation ends automatically but better save to double check. You should contact a lawyer to get help with this or contact the court clerk to see how to get it done at your specific court. Feel free to reach out at Zach@Divellaw.com or 480-935-6545
Zachary Divelbiss' answer This is a question we get asked quite frequently. Who you really need to ask is a civil litigation attorney but their answer is likely going to be that you will not have a successful lawsuit against the other party.
The unfortunately reason that you will be held responsible to pay everything in full is because you agreed in your plea agreement that you would pay full restitution whether you caused the harm or not or whether the co-defendant pays or not. This is standard language in...
Zachary Divelbiss' answer Your friend should contact and hire a lawyer immediately. There are no "do-overs" in criminal court or with the charges he is facing. He will be provided with a public defender for both cases but since it's his first offense, he should make sure someone puts careful attention into his case so everything goes well. It is typical to have the drug charges reduced or completely dismissed after doing TASC. The DUI is going to be a little more difficult and may require jail if not taken care of...
Zachary Divelbiss' answer This is a legal phrase that means your case took longer to be filed than normal. Typically, police will come into contact with someone and immediately write them a ticket for what ever crime they feel is appropriate. When they long form a ticket, it typically means they had to do more investigating in order to charge the suspect with a crime. This commonly happens in a DUI where they draw someone's blood but can't charge them until they get the blood results back. In other situations, the...
Zachary Divelbiss' answer It means its a MAJOR FELONY! This basically means that who ever is charged with this was somehow involved with the sale of a dangerous drug. There are many different dangerous drugs but commonly it's meth. If you have been charged with this then you need a consultation immediately or else you could be facing lots of jail time. We would be happy to provide a free consultation! 480-935-6545 or Zach@Divellaw.com.
Brian Chase's answer The State is not required to file a response. The Judge will typically wait until the State's response time has expired before issuing a ruling. Sometimes the judge will set a hearing for you to attend, sometimes the judge will simply rule on the motion. You'll have to watch to see if a hearing is set, so that you can show up and request your rights restored.
Zachary Divelbiss' answer There is definitely something you can do. HIRE A LAWYER! We can walk you through all of the steps of this offense and will need to talk directly with you about everything that could happen and will happen. When you hire us, we will be able to go to court for you and make sure you get the best deal possible or get the case dismissed. I do not recommend doing this without the help of a lawyer and it is your choice whether you use the public defender you will be provided. Please feel free to call,...
Zachary Divelbiss' answer Is there anything in your probation agreement that says that particular person cannot be over? For instance, was the person a victim in your case? If not, then you should not have any issue. However, I feel as if there is more to the story that we would need to know before we could properly advise you.
With a misdemeanor case, most of your evidence will be available before you receive a plea offer. There may be some outstanding evidence that you will not have such as body camera footage, DNA, blood tests and other various evidence. You will likely have all police reports, witness...
Brian Chase's answer If they are in jail, public defenders will be (or have already been) appointed to represent them. Public defenders will represent them free of charge. So, you do not need to find a pro-bono lawyer, as they likely already have them.
They are certainly free to hire their own lawyers, but it is difficult to find lawyers (other than public defenders/court-appointed lawyers) that can afford to take a case free of charge.
Zachary Divelbiss' answer Awesome to hear you are interested in getting your right back! Many people complete their cases and move on in their lives without getting their rights back.
At this website you will find the application and directions for the "restoration of rights" packet. You should be able to follow the directions and get everything completed. Be sure to accurately complete the entire application or else it will be denied. You can also hire a lawyer, such as our firm, to complete the application...
Zachary Divelbiss' answer Hello, I understand your frustration as we have encountered similar issues. Our best recommendation is to go in-person to the County Records Office. If your case 44 years ago was in Maricopa county then you have a few different locations you can go to. This is your best bet to find what you are looking for. If they don't have records then good luck for anyone else finding something.
Zachary Divelbiss' answer Your husband may have a good case. Please feel free to contact us directly and we can speak in confidentiality about his case and how we can help. 480-935-6545 or Zach@Divellaw.com
Zachary Divelbiss' answer Hello, this link you have attached is the generic link without any individual case information. I do not believe the site will allow you to copy and paste it with the inmates information. Feel free to send us an email with the information. Zach@Divellaw.com
Zachary Divelbiss' answer You should begin to look for an attorney that handles post conviction relief and appeals. They will be your best help for your husband. The public defender's office has an appeals department if you are unable to afford a private attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.