Skip to main content
Cary L Lackey

Cary Lackey’s Answers

718 total


  • Indicted for fraudulent schemes and trafficking stolen property because the person arrested gave the detective

    I have been indicted for fraud schemes & trafficking stolen property & I have a prior for forgery. The person who was under investigation is afraid of prison and gave the detective my name in the hopes that he will get a lesser sentence or probat...

    Cary’s Answer

    I agree with many colleague, Mr. Allen.

    Yes, it's possible to get indicted, and you have been. There's an old saying that grand jurors would indict a ham sandwich, and that may have happened to you; grand jury proceedings are usually the prosecutor's "show," unless you hire counsel and request to appear at that stage (which is extremely risky, in most cases).

    As Mr. Allen suggested, you should consider hiring counsel to defend you in this matter. If you can't afford an attorney, the Court will appoint a public defender to assist you.

    Take heart - the case is not over; in fact, it's just beginning, and you have raised some interesting issues (such as the jurisdictional one).

    Lastly, I'd suggest that you NOT post any further detailed information about your case online - talk to an experienced, Arizona-licensed criminal defense attorney in private. Detectives and eager prosecutors have internet access too.

    See question 
  • Can I extend a PTC date to travel for a funeral?

    I have Pre Trial Conference scheduled for this coming Friday (2 days) and just found out last night my best friend in Nebraska has passed away. I really want to go support his mom and be there for the service. Is it possible to have the PTC date...

    Cary’s Answer

    Do you have a lawyer, court-appointed or otherwise? If so, contact the attorney immediately to see if he/she can file an emergency Motion to Continue on your behalf. Hopefully, you'll get a ruling before you leave town.

    If you DON'T have an attorney, immediately go to the Scottsdale City Court, pull a number, then tell the Clerk that you need to see the "walk in" Judge about an emergency Motion to Continue. Tell the Judge what you need to do and, hopefully, with no objection from the prosecutor, the Judge will allow you to leave and return.

    Good luck!

    See question 
  • So I got a speeding ticket with court tomorrow. I'm worried

    So I left my friends house around 12 and was pulled over along with a other car for a speed of 111 in a 65 but the police officer said "I'm not sure who I clocked in at the speed, but I clocked one of you at 111." Is there any chance I'll win with...

    Cary’s Answer

    You are looking at substantially more than just a "speeding ticket." It appears as though you have been cited with Excessive Speeding, Arizona Revised Statute section 28-701.02, which is a Class 3 misdemeanor offense under Arizona law.

    While I doubt that even in a "worst case" scenario that you would receive the maximum penalty of 30-days in Jail, 1 year of supervised probation, and a $500 fine plus an 84% surcharge, a day or 2 in Jail and a stiff fine are very real possibilities.

    Was there any other person that you could call as a witness that would back up your story about what the officer told you ("I'm not sure who I clocked in at the speed, but I clocked one of you at 111.")? If so, you might have a chance of prevailing at Trial.

    What you need is an experienced, Arizona-licensed traffic law attorney to assist you. Many such attorneys, including myself, offer free, 30-minute initial consultations. You should avail yourself of one of these ASAP, especially since your court date is tomorrow.

    See question 
  • 18 year old Minor In Consumption in Tempe , Arizona

    Last night I got booked for minor in consumption . I want to know what my next course of action should be. This is my first offense . I am looking to get the charge dropped.

    Cary’s Answer

    Your next course of action should be retaining an experienced, Arizona-licensed criminal defense attorney to assist you.

    Much depends on WHERE your case is pending. Is it the Tempe Municipal Court or a Maricopa County Justice Court (University Lakes)?

    You are staring a criminal conviction squarely in the face. This isn't Mayberry, and your case is unlikely to get "dropped" unless there is a serious legal flaw with it. Moreover, if you are an ASU student, you could face discipline from the school if you are convicted.

    Many experienced, Arizona-licensed criminal defense attorneys, including myself, offer free, 30-minute initial consultations. You should strongly consider availing yourself of one or more of these.

    See question 
  • If you get fined $1500 for theft, do you have to pay it with money or do you have other options?

    Also have $250 in traffic tickets.

    Cary’s Answer

    Typically, you don't get "fined" for theft; you have to pay restitution - that is, the person who had their money or property stolen, gets paid back by the person who stole it. There are NO options with regard to restitution - it HAS to be paid, and it takes priority over any other financial requirement (restitution is paid back to the victim before fines are paid to the Court, for example).

    As far as fines go, some Courts (typically, City/Municipal Courts) will allow you to do "dollars for days," whereby you can go to Jail to pay off Court fines and fees. It's generally up to the specific Court and/or Judge as to whether this will be an option for you.

    See question 
  • Admin Per Se Paperwork for AZ DUI arrest.

    I was arrested for a DUI in Arizona. I took a breathalyzer and I tested high, .171 and .163. No blood was drawn. I was not given a citation. When I got home, I noticed in my paperwork I have all 4 copies of the admin per se/implied consent. I have...

    Cary’s Answer

    That is very unusual. Usually, the officer keeps the original and the blue copy. I wouldn't be at all surprised if the officer shows up at your doorstep to retrieve the original and his copy.

    If he DOES show up and starts asking you additional questions about the offense itself (after you have given him/her back the court's and his/her copies of the Admin Per Se/Implied Consent Affidavit), tell him/her that you are not answering any further questions without your attorney being present.

    You should also STRONGLY consider hiring an experienced, Arizona-licensed criminal defense/DUI attorney to assist you in this matter. Consequences and mandatory sentences are severe for these types of offenses, and you would be served well by at least speaking to an experienced DUI attorney about your case. Many such attorneys, including myself, as well as most of the attorneys who will reply to your query, offer free, initial 30-minute consultations. You should avail yourself of one or more as soon as possible.

    Good luck!

    See question 
  • What type of attorney do I need?

    My Brother got pulled over and had illegal immigrants with him so he got arrested for smuggling illegal aliens in New Mexico. This is the first time he's ever done this and ever been arrested. He did have something for theft as a juvenile on his r...

    Cary’s Answer

    My colleague, Mr. Allen, is spot on: your brother needs an experienced criminal defense attorney licensed to practice law in NEW MEXICO.

    Theoretically, if the case is filed in federal district court, a criminal defense attorney who's a member of any state bar could practice in that court (unless there's a local rule that prohibits it), but your brother is going to need someone with experience practicing before that court rather than an outsider with no experience.

    Please re-post your question in avvo.com's New Mexico criminal defense section.

    See question 
  • Can family attend the status conference ?

    My fiancé Was recently charged with theft means of transportation and will be having a status conference tomorrow can family attend ?

    Cary’s Answer

    Yes. So long as your fiance is over 18 years old and is in adult Court, family members may attend his Court proceedings. Court is open to the public. With that being said, he will most likely be out of your sight line and kept in a glass enclosed room near the front of the courtroom. If he takes a plea, or otherwise addresses the judge, the detention officers present in court will bring him out to address the judge from a lectern. He will not be able to wave, or say "hi," or otherwise acknowledge your presence.

    See question 
  • I got a criminal speeding ticket. This is my first offense. I don't have a criminal record and have a clean driving record

    What should I say to the prosecutor?

    Cary’s Answer

    Mr. Sanderson is correct.

    You should definitely speak to an experienced, Arizona licensed traffic law attorney before you go to court.

    There may be a way to convince the prosecutor to offer you a civil traffic plea, or, if that fails, convince the Judge to send you to defensive driving school ("DDS") to get the ticket dismissed in its entirety (assuming you complete DDS). A LOT depends on the specific facts of your case.

    Remember, you're walking into court and going up against an experienced prosecutor. There will be no quarter given. You should strongly consider retaining an experienced, Arizona-licensed traffic attorney to represent you.

    See question 
  • My boyfriend was charged with aggravated assault and criminal damage. Will he go to jail? Prison? Be on probation?

    He had pointed a gun at his sister, and he was charged with aggravated assault & criminal damage. He was arrested it. This is his first time getting arrested. He has court in 2 weeks.

    Cary’s Answer

    My colleague, Mr. Allen, is spot on, as usual.

    If your boyfriend's case was filed in Maricopa County Superior Court and is being prosecuted by the Maricopa County Attorney's Office, it's almost a certainty that he's looking at a mandatory prison plea offer from the State on a "gun pointing" case. If he were to lose at a Jury Trial on these allegations (assuming the Aggravated Assault is charged as a Dangerous offense), he faces the mandatory prison sentencing range mentioned by Mr. Allen (5 to 15 years).

    Needless to say, your boyfriend needs an experienced, Arizona-licensed criminal defense attorney to represent him. Many such attorneys, including myself, offer free, 30-minute initial consultations. Your boyfriend, you, and his family should strongly consider availing yourself of one or more of these consultations IF he/the family/you can afford an attorney.

    If your boyfriend cannot afford an attorney, one will be appointed to represent him by the Court at the Arraignmet he has scheduled in 2 weeks.

    See question