Kristen M Curry’s Answers

Kristen M Curry

Phoenix Criminal Defense Attorney.

Contributor Level 9
  1. Should I be worried about my boyfriend serving a longer sentence than what his plea indicated?

    Answered about 2 years ago.

    1. Kristen M Curry
    2. Paul E Knost
    3. Kaitlin Sofia Verdura
    4. Sarah Lynn White
    5. Gray Richard Proctor
    5 lawyer answers

    Speak with your boyfriend's attorney. If the attorney made a mistake in what he told your boyfriend, he may be able to file a motion with the court explaining the circumstances and requesting that he be given the 2 for 1 option. Typically, eligibility for 2 for 1 is determined by how the judge writes the sentencing order. If the judge puts an end date then the person is not eligible for 2 for 1. If the judge does not put an end date (for example just writes "8 months") then the jail can put...

    5 lawyers agreed with this answer

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  2. What should I do? what's in my best interest?

    Answered almost 2 years ago.

    1. Kristen M Curry
    2. Craig S Orent
    2 lawyer answers

    Definitely speak with a lawyer. Something's fishy. You don't pay a bond at a police station and you certainly don't pay bonds through cops.

    4 lawyers agreed with this answer

  3. Will husband's probation be extended for not paying his restitution in full?

    Answered about 2 years ago.

    1. Kristen M Curry
    2. Michael Aaron Neufeld
    2 lawyer answers

    Probation can be extended if restitution has not been fully paid. Sounds like the PO will be requesting that the probation be extended for that reason. I always tell people, "the sooner that you pay restitution, the sooner you will be off probation."

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  4. My son currently has a warrant out for his arrest, how much time do you think he will get once arrested?

    Answered over 1 year ago.

    1. Kristen M Curry
    2. David Black
    2 lawyer answers

    The judge could: 1) revoke your son's probation and send him to prison on the Class 6 felony for up to 2 years and up to 6 months in jail on the misdemeanor; OR 2) reinstate your son on probation and give him a second chance. Typically, if this is your son's first probation violation, the judge may give your son a second chance. Even if the judge reinstates him on probation, however, the judge could punish him for the violation by giving him some jail time. The amount of jail time really...

    3 lawyers agreed with this answer

  5. Can i beat the Administrative Per Se or Administrative hearing with the DMV if i won my Criminal DUI case.

    Answered over 1 year ago.

    1. Kristen M Curry
    2. Paul E Knost
    2 lawyer answers

    The DMV is notoriously slow in getting hearings set so I expect that you will hearing about the hearing at some point. The admin per se hearing is completely separate from the criminal case. If the officer shows up to the hearing, it is likely that you will end up with the suspension because the DMV does not take into consideration issues involving suppression. The standard for the DMV hearing is much lower than a criminal case and it only needs to be shown that you were driving, suspected...

    3 lawyers agreed with this answer

  6. My hubby got sentenced 2.5 yrs in prison & he's done 64 days how much would he do if he does 85%? Also is there a 90day kickout?

    Answered over 1 year ago.

    1. Paul E Knost
    2. Kristen M Curry
    3. Douglas Holbrook
    3 lawyer answers

    Your husband can get released after serving 85% of the sentence if he has good behavior. If the conviction was for a Class 4, 5 or 6 felony (non-dangerous felony) then he would probably qualify for an additional 90 day early kickout. As soon as he gets to prison, they will calculate his earliest possible release date so he will be informed what that date will be.

    3 lawyers agreed with this answer

  7. My boyfriend was order to 60 days in jail by a judge. Two days later, the city filed an order that he be released from custody.

    Answered over 2 years ago.

    1. Kristen M Curry
    2. Michael Aaron Neufeld
    2 lawyer answers

    I've got to say that the scenario you mentioned is unusual in my experience and it is hard to say what may happen. I suggest that your boyfriend show up at the status conference. If he doesn't he will have a warrant issued for his arrest and he will make things worse for himself. Since the judge familiar with the case released him, maybe he thought the sentence was too harsh. No matter what an attorney needs to help him on this one. Typically a person hires an attorney or the court will...

    3 lawyers agreed with this answer

  8. Can your probation officer still have contact with you even though your serving a prison sentence with no more probation?

    Answered almost 3 years ago.

    1. Kristen M Curry
    2. Max Allen Keller
    2 lawyer answers

    Since he is no longer on probation, the probation officer has no legal authority over him. He is not required to speak with the probation officer at all. If the probation officer continues to harass your husband, family or friends then you should complain to the probation officer's supervisor.

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  9. In Arizona I have a bench warrant for unpaid misderminor fine of 690.00 that was due in 2/2011.

    Answered over 2 years ago.

    1. Kristen M Curry
    2. Michael Aaron Neufeld
    2 lawyer answers

    Typically, a warrant that was issued for failing to pay the fine is resolved once the fine is paid. You need to call the court where the warrant was issued and make sure that the payment of the fine resolved the warrant and the warrant is no longer out there. If the warrant is still showing, ask them to tell you why. You probably want to speak with a lawyer if the warrant is still showing.

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  10. Can my boyfriend get out?

    Answered over 1 year ago.

    1. Kristen M Curry
    2. Steven W Zachary
    3. Aaron Michael Black
    4. Paul E Knost
    4 lawyer answers

    Since your boyfriend was on probation at the time, it was likely that he has a probation "hold" and being held non-bondable on the probation case. His defense attorney can file a motion with the court to change the bond conditions. What does the police report say? Does it describe the person that was driving? Does it match your boyfriend? Is the title to the vehicle the only evidence linking your boyfriend? Are there witnesses who can link his friend to the vehicle? MVD records? You need...

    2 lawyers agreed with this answer