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Kristen M Curry

Kristen Curry’s Answers

75 total


  • Had felony DUI in 2007, because driving with a suspended license, would I be able to get this dropped to a misdemeanor ?

    One prior DUI, no one was hurt.

    Kristen’s Answer

    Unfortunately if you were convicted of Aggravated DUI as a Class 4 felony it cannot be reduced to a misdemeanor.

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  • My boyfriend got a ticket for driving on a suspended license and on the ticket it says Victim: Crime Against Child.

    There was NO child or children with,near or by him That was all he recieved was the one ticket, Why would it say Victim:Crime Against Child on the ticket?

    Kristen’s Answer

    It may have been an error by the officer. Driving on a Suspended License is a victimless crime. Once he goes to court, he can find out why that was put on there.

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  • PHOTORADAR TICKET - Challenge on grounds of "lack of personal jurisdiction" BEFORE a valid service is achieved. Why do so then?

    Michael Kielsky, Esq. wrote on AVVO, respecting a REDFLEX photoradar ticket, that a challenge to the court's 'personal jurisdiction' should be made "AFTER the case is filed ... but BEFORE service" or even before it is sent out for service. Furthe...

    Kristen’s Answer

    First of all, if you received a photo radar ticket in the mail, then my advice would be to ignore it. The court must serve you properly (by process server or by certified mail with a signed receipt) in order to start the court case against you. Many jurisdictions don't do that because it cost too much money so they are betting on people just paying the ticket or showing up after the initial notice. Wait until you served properly before addressing any issues with the court regarding statutes. If you file something now then you will be waiving the service issue.

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  • I was caught shoplifting a few days ago I'm 19 my first offense

    I've never been introuble with the law my first time

    Kristen’s Answer

    You may be eligible for "diversion." Diversion is a program for first time offenders where you are given the opportunity to have the case dismissed if you complete assigned classes. However, if you are offered this option and choose to do it, make sure that you make every effort to complete the classes. A missed class could get you booted out of the program and they don't give second chances. Good luck.

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  • My soon to be husband signed a open prison plea, he gets sentenced for his vop and new charge will he get back time for both?

    He has 8 months on the vop and 1 on the new case, Will they give him all the back time or the back time for the new case only? and he wants to be sent to a treatment yard can the judge send him? his presumptive is a 1 on both cases

    Kristen’s Answer

    If the judge gives him concurrent sentences (sentences running at the same time), then the judge will give 8 months of credit on the probation case and 1 month of credit on the new case. The judge cannot give credit from his probation case on his new case because he didn't serve it on that case. If, however, the cases are consecutive (one running after the other) then the probation case should be served first where he will get 8 months credit but no credit would be given on the new case because the time spent in custody on both the new case and the probation case was already applied to the first case on a consecutive sentence.

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  • Should I be worried about my boyfriend serving a longer sentence than what his plea indicated?

    My boyfriend just started an 8 mos sentence at the Estrella Tents. His lawyer and the judge indicated in court that he would be eligible for a two-for-one, meaning that if he worked a job in jail and had good behavior, he would be released after 4...

    Kristen’s Answer

    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 them in the 2 for 1 program.

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  • Can my gun rights be restored if I had an undesignated felony and it was dropped down to a class one mistermeanor ?

    I recently completed my probation, my crime was unlawful flight I took a plea agreement and completed my probation term with no violations my undesignated felony was dropped to a class one mistermeanor I was wondering if I had a chance of getting ...

    Kristen’s Answer

    Under Arizona law, your gun rights are automatically restored once the conviction is designated a misdemeanor as long as you don't have any other felonly convictions.

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  • I left state when I was sentence to probation for forgery. How do I fix this?

    I was picked up in 2004 in Az for forgery of bad check(printing them) I owed 35,000 in restitution. Now I want to resolve this and get my passport. Can someone tell me What to do and the likely outcome? I haven't commit any crimes since an...

    Kristen’s Answer

    You definitely need to hire an Arizona attorney. I have no doubt that you have a probation violation petition and a warrant on the case. The attorney can likely get the case reset back in court and get you in touch with a probation officer who will need to speak with you to prepare a current report for the court. An attorney may be able to negotiate with the prosecutor to allow you to be terminated from probation with payment in full of the restitution. Jail time is a possibility but it may be able to be reduced substantially or deleted by your voluntarily coming forward and paying all of the restitution. This will not go away so the sooner you deal with it then the sooner you can get to your father.

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  • I need to know what penal code or form do I use to try to get my husbands 25year old felony reduced to a misdamenor or expunged.

    This felony is for a 25year old possesion charge of marajuna. he spent a year in jail and paid restitution and all fines that occured, This is preventing him form finding a job

    Kristen’s Answer

    Arizona doesn't expunge, however, your husband may be able to get his conviction "set aside and dismissed." What you need to do first is go to the court records department of the court where your husband was convicted to look in his case file. Get a copy of the plea agreement and the sentencing document. These will tell you whether he can even get a misdemeanor. Once you have the documents, call a lawyer so they can advise your husband on what to do next.

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