Julio Laboy's Answers

How difficult is it to remove something off a record?

Arizona does not have expungement. You should seek the counsel of a private attorney to discuss what is called a: "Motion To Set Aside Conviction" which is slightly different from an expungement. But, yes, probation must be completed - and successfully - before this can even be explored. Good luck.

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If the victim and witnesses refuse to persue charges of aggrivaited assault w deadly weapon , what are the chances of dismissa

Hello. Unfortunately, the victim is NOT the entity to decide whether charges will be filed or not. That decision is left to the Maricopa County Attorney's Office in this case (I assume this because of your Tempe address). Often, the County Attorney's Office will charge a case even when they know the victim is not "on board." This is done, in part, because the prosecutor's office wants to make sure that victims are protected even when they may be scared or intimidated into not participating in...

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I need pro bono help in Arizona Asap

Another resource for you is the Maricopa County Bar Association's Lawyer Referral Service. Google it. They have a small fee $40 but may find the right attorney for you. Keep in mind many attorneys, my firm included, offer payment plans. Feel free to contact our office to discuss a payment plan. Ask for my personal assistant, Ana, at: 602-343-1818.

I had a case that now reads a compl dismissed by court. What does that mean?

Hello. If you successfully completed a diversion program, then your case has been dismissed. End of story. Diversion was an opportunity to complete a set of conditions in exchange for a suspension of prosecution. Typically, prosecution is reinstated if you DO NOT complete diversion successfully. However, your question indicates that you went through the DV program and the case reads dismissed. That is exactly the outcome you wanted. Arizona does not have expungement. In Arizona one can move...

Arizona DUI - Officer altered printed citation

Hi. I am a criminal defense attorney licensed in Arizona. However, Ms. Missimer, in my view, hit the nail on the head to use an old cliche. That error is likely not to change the outcome. An attorney can examine whether the stop was indeed appropriate, whether the intox machine's calibration records are up to date and accurate, whether the readings and deprivation periods were all in compliance with state laws and statutes, whether a trial will help, etc. Good luck.

I plea bargained a sex crime 32 years ago and had to register as a sex offender, now it has come back to haunt me, what can I do

There are several variables to consider. If you are on life-time probation, then I would suggest speaking with your assigned probation officer to see if a) you could get your risk level reassigned, and b) to see if the probation officer would be inclined to support your effort in ending your registration requirements. You have spent three-decades trouble-free, are working or seeking work--there is a lot going for you. If you were my client, I would start by reviewing the terms of your plea...

Which option do I choose on drivers licsence extention form?

You have 15 days from the point of being served an Admin Per Se form to request an MVD executive hearing in writing. The receipt of that letter will toll (stop) the suspension if there are no other issues with your license. The suspension will not be effective until an actual hearing is held and the officer proves to the administrative law judge that he/she did indeed have a reason to suspect you were driving under the influence. If you did not refuse a breath or blood test, then you will face...

What kind of sentence does a person with the following charges face?

In some ways, additional information is needed. However, you are facing mandatory prison time if your crimes are designated as dangerous offenses under the Arizona Revised Statutes and your are convicted as charged. There is a catch. Review your charge(s). For example, some aggravated assault cases are not designated as dangerouse offenses. You may have an aggravated assault against a police officer for shoving them during an arrest. This is not a "dangerous" offense. But if you have an armed...

Criminal defense lawyer ?

Your question is entitled: Criminal Defense Lawyer? The answer is that a criminal defense lawyer, which is what I am, is NOT what you need. You are seeking redress that would require a civil action. Seek out an attorney or firm that regularly engages in civil litigation with a focus on police misconduct. It is not necessarily the prosecutor's office that engaged in a wrongdoing, especially if they were unaware of the officer's alleged mistruths. You should absolutely contact the officers...

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Jail alternatives for the elderly

As a defense attorney, I would have requested a mitigation hearing prior to sentencing. At that hearing I would have presented all the medical issues at hand. I may have even brought the doctor to court to testify as to the negative effects of a jail sentence for this person. That would be far more impactful than an attorney stating so. A medical professional with nothing to be gained by sharing a diagnosis and prognosis resonates more to the court, for these facts, than an attorney. I...

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