Cary L Lackey’s Answers

Cary L Lackey

Phoenix Criminal Defense Attorney.

Contributor Level 14
  1. Trial date @ end of Jan. Pub def said I have 0 chance at winning. Should I fire her & hire a criminal def attorney before trial?

    Answered 7 months ago.

    1. Cary L Lackey
    2. Kyle Green
    3. Paul E Knost
    4. Thomas G. Briody
    5. Alfred Fargione
    5 lawyer answers

    FYI, your public defender IS a "criminal defense lawyer." No lawyer, private or public, can ethically guarantee you getting "off." You have a Class 6 open offer on the table, meaning that you ARE guaranteed a misdemeanor (rather than a felony) IF you comply with the terms of probation, complete your drug classes, and pay your fines as directed. If you "cannot afford a felony conviction," then maybe you should consider the State's offer (if it is still on the table). Will you have to do some...

    14 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. If the date if a citation on a DUI ticket is wrong will it be dismissed?

    Answered 10 months ago.

    1. David Kephart
    2. Adam Feldman
    3. Cary L Lackey
    4. Dean George Tsourakis
    5. Andrew Stephen Roberts
    5 lawyer answers

    No. The State has up to the close of their evidence at Trial to correct minor mistakes and amend their Complaints. If this is your second DUI within 7 years, you need an experienced Arizona-licensed attorney to assist you. The penalties for a second-time DUI are considerably higher, ESPECIALLY if your license/privilege to drive was not reinstated.

    10 lawyers agreed with this answer

  3. I was pulled over and given a ticket for a dui with alcohol concentration of 084. I don't know what to do now.

    Answered 7 months ago.

    1. Aaron Michael Black
    2. Cary L Lackey
    3. Craig S Orent
    4. Steven W Zachary
    5. Howard A Snader
    5 lawyer answers

    Was the .084 reading from a portable breath tester (commonly used by officers at the scene), the breathalyzer machine at the station (in that case, there should be 2 readings), or was it the blood-alcohol reading? In either case, because the reading is relatively low, an experienced, Arizona-licensed criminal defense attorney (such as myself) has something to work with. You are definitely fortunate, all things considered, in that regard (having a low reading). Which court you have been...

    9 lawyers agreed with this answer

  4. I have been indicted with fraud schemes, 2 counts of forgery, and theft. What are chances of avoiding jail time at any cost?

    Answered 6 months ago.

    1. Cary L Lackey
    2. Aaron Michael Black
    3. Craig S Orent
    4. Ryan W Cummings
    5. James L Heard III
    6. ···
    6 lawyer answers

    First off, please do NOT provide any further information online that police or prosecutors can use against you. Second, your chances of avoiding jail are better with an experienced, Arizona-licensed criminal defense attorney by your side, than they are on your own, or, arguably, with a free, Court-appointed attorney, to the extent that you will have to WAIT to get your attorney appointed until your Arraignment (and in reality, until just before your first Pretrial Conference), during which...

    8 lawyers agreed with this answer

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  5. Is getting a ignition interlock device for a non alcohol related crime considered an "unusual punishment" or anything like that?

    Answered 10 months ago.

    1. Robert Francis Gruler Jr.
    2. Cary L Lackey
    3. Ted Harvatin
    3 lawyer answers

    I'm not really sure what your question is. Would an 8th Amendment (cruel and unusual punishment) challenge to the ignition interlock requirement for persons convicted of non-alcohol DUIs likely succeed in Arizona (or federal) Court? Doubtful. ESPECIALLY based on this "documented evidence that even hair spray or cologne can set the device off" argument UNLESS it happened TO YOU (you've got to have standing to argue a constitutional issue). Even then, I doubt if the argument will get very far....

    8 lawyers agreed with this answer

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  6. What will it cost me to hire a criminal defense lawyer for a araignment for drug possestion and drug paraphenalia .?

    Answered 7 months ago.

    1. Steven W Zachary
    2. Cary L Lackey
    3. Ryan W Cummings
    4. Ronald Joseph Manto
    5. Stephen F Wallace
    5 lawyer answers

    It sounds like you have a prior felony conviction(s) (or a "violent" prior conviction) that is making you non-"Proposition 200" eligible (a now statutory provision where most drug possession offenders are required to be sentenced to probation rather than jail). Most criminal defense attorneys charge a flat fee in cases such as yours. Some charge hourly and require you to pay an amount up front that you can bill off of. In either case, the amount attorneys charge varies with the attorney....

    8 lawyers agreed with this answer

  7. When arrested, legally how long does a person have to see a judge ? And how long does the State have to summons me?

    Answered 8 months ago.

    1. Cary L Lackey
    2. Craig S Orent
    2 lawyer answers

    Any person arrested and taken into custody must see a judge or be released within 24 hours. You were released, thus the State had 1-year within which to file a misdemeanor charge against you, or 7-years within which to file a felony charge. Possession of Drug Paraphernalia is a Class 6 felony, but CAN be charged as a misdemeanor at the prosecutor's discretion. A LOT depends on WHERE (what Court) your case has been filed in. You should consult with an experienced, Arizona licensed...

    8 lawyers agreed with this answer

  8. Will a DUI blood test for BAC test for drugs also? I believe something was put into my drink causing my "DUI"

    Answered 8 months ago.

    1. Cary L Lackey
    2. Craig S Orent
    3. Carl Engstrand
    4. Thomas Marlan Petersen
    4 lawyer answers

    The State may or may not test your blood for the presence of other drugs, but the good news is that the State is required to preserve a duplicate sample of your blood so it can be independently tested by a lab picked by your attorney. There are few drugs that will amplify the presence of alcohol in your system, but you may have an argument that you were plied with alcohol AFTER you were slipped the suspected drug. Are there any witnesses to your behavior that night (other than the police)?...

    8 lawyers agreed with this answer

  9. Should I hire a lawyer or represent myself?

    Answered 6 months ago.

    1. Kyle Green
    2. Cary L Lackey
    3. Craig S Orent
    4. Paul E Knost
    5. Michelle Louise Bell
    5 lawyer answers

    You have been charged with a criminal offense, a Class 3 misdemeanor (the lowest criminal offense level charged in Arizona). Class 3 misdemeanors are punishable by up to 30-days in Jail, 1-year of probation, and a $500 fine + an 84% surcharge ($920). With that being said, it is highly unlikely that you would be sentenced to any of these maximum penalties, but you must still understand that this is a criminal, not civil offense. You will be facing not some kindly judge from the Andy...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. I am attending my first ever "change of plea" agreement next week to "guilty" in the federal system. I am using public defender

    Answered 10 months ago.

    1. Cary L Lackey
    2. George Crosby Gaskell III
    3. Bretton Hollis Barber
    4. Stephen F Wallace
    5. Jason Matthew Mayberry
    5 lawyer answers

    These are questions best asked of your attorney, who is ethically charged with representing you as best he/she can. It is VERY late in the game to second guess your lawyer now, especially since your lawyer has more information about the relative strengths and weaknesses of your case than any lawyer on this forum will ever have. I would also caution you to NOT post details of your case here in a public forum. The FBI has internet access too, and you don't want this post flying in your face at...

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