It sounds like what you are probably seeking to do is set aside your conviction. While this is not entirely what you are asking, it may accomplish your objectives. A set aside if granted will set aside the judgment of guilt and dismiss the complaint. You should consult an attorney to discuss... View More

Let's think this through.... A woman you've never actually met was arrested in Nigeria for something you had nothing to do with. But you've been told by her "lawyer" that you need to pay $4500? That's called a shake down. And you're being taken for a ride as a... View More

The judge is correct the time to argue facts are trial. I understand this is not the answer you were hoping to hear, in criminal cases there is not a Motion for Summary Judgment where you are permitted to get a ruling of guilty or not guilty based on undisputed facts prior to trial. You can... View More

If by drug screening you are referring to UA ordered by Court/probation/pretrial services to determine whether there are any drugs in your system, typically you will be ordered to a specific provider such as Averhealth. You will have to go to that provider unless you will get permission from the... View More

Pro Bono attorneys are public defenders. That's what he has. They aren't private attorneys. As a former deputy public defender I can confidently say they have a huge caseload of hundreds of other cases. They don't have time to "check in" regularly. They're not there to... View More

I don't entirely understand your question. If there was something that "through training and experience" an officer believed something to be heroin in plain view, they have probable cause for a search. Was there body cam? Dash cam? I suggest speaking with your attorney who can review... View More

What you're describing sounds odd. And to answer your other question, it's not abnormal. Grand juries aren't given a lot of information to make a probable cause finding. Therefore, they don't take long to deliberate that a crime was probably committed and that the defendant probably did it.

If you are going to jury trial it sounds like you already have an attorney and this is something you want to discuss with your attorney. If you have not hired an attorney it is strongly advised you consult an attorney immediately. The prosecutor is required to prove beyond a reasonable doubt that... View More

You would need to report this behavior to the Yuma County Sheriff. If you get no response there, you would next turn to the Arizona Office of the Attorney General.

While it is possible the inmates could sue in civil court, without an investigation and findings from a law enforcement agency,... View More

The prosecutor has the ability to amend the Information to include new charges. Possibly a second victim or second incident? The defendant's defense attorney should be able to explain the charges.

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

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

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

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).

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

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

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

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.

The prosecutor always has the last say in who will be charged with what, and that's generally based on the available evidence when the case is presented to them. However, in the case of felony murder, if you're in AZ, I would suspect that anyone present and "involved" in the... View More

No, you’re not required to speak to detectives or any law enforcement for that matter. You have the right to remain silent and the right to have an attorney present during questioning. You must however expressly invoke these rights. Meaning you must tell the detective that you wish to remain... View More