Kristen M Curry’s Answers

Kristen M Curry

Phoenix Criminal Defense Attorney.

Contributor Level 9
  1. My 17 year old son was pulled over and handcuffed after police found pot in the vehicle.

    Answered almost 3 years ago.

    1. Craig S Orent
    2. Kristen M Curry
    3. Thomas John Cesta
    3 lawyer answers

    Did they ever ask him to give a urine or blood sample? If so, then they will likely file DUI charges if it shows some drug in his system from the test results. They could also charge him with possession of marijuana. Your son may receive a summons in the future for these charges. At that time, he would need to go to court to address it.

    1 lawyer agreed with this answer

  2. 2 traffic ticket warrants. How much jail time?

    Answered about 3 years ago.

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

    If there was a warrant out, then the tickets were likely criminal in nature. He probably will need to post a bond in order to get out of jail right now. If he doen't post a bond, he will be taken to court. Sometimes a court is willing to give credit against fines for time spent in jail but your friend needs to ask the court or his attorney whether that is possible. The court will want to know why he failed to pay his fines and he better have a good answer.

    1 lawyer agreed with this answer

  3. If court order shows probation period "TERM of PROBATION 4 YRS" and it is past that period, hasn't probation period expired? AZ

    Answered over 3 years ago.

    1. Kristen M Curry
    2. David Michael Cantor
    3. Paul E Knost
    4. Christine C McCall
    4 lawyer answers

    Probation can be extended for another period of time up to the maximum probation term for that class of felony if restitution was not fully paid. It cannot be exended a second time, however, if restitution is still not paid after the second probation term ends. At that point, the unpaid amount would be converted to a civil judgment. However, you may have an issue if the court did not extend the probation prior to it expiring. Feel free to call me to discuss this further.

    1 lawyer agreed with this answer

  4. 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?

    Answered over 2 years ago.

    1. Ryan John Stevens
    2. Kristen M Curry
    2 lawyer answers

    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...

    1 person marked this answer as helpful

  5. What does Notice of Request to Vacate Suspended Prosecution mean?

    Answered over 2 years ago.

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

    It appears that you did not complete TASC, the diversion program that would have resulted in a dismissal of the case if the program had been completed. Since the program was not completed, the case is reset back in court and you must deal with it in another fashion. You need to appear for the court date and the prosecutor will offer you a plea bargain for the case. Typically in Maricopa County, a misdemeanor disposition is offered for a first time marijuana offense where someone did not...

    1 person marked this answer as helpful

  6. Do prior felony convictions have to be for same offense type to be used in sentencing?

    Answered over 2 years ago.

    1. Kristen M Curry
    1 lawyer answer

    Any other felony conviction can be used to enhance a sentence in Arizona. It does not have to be the same type of offense. The age of the conviction will affect what sentencing range a person is facing but they are always allegable in some way. There are many factors that come into play. I suggest that you contact an attorney and discuss all of the details so you get an accurate advisement of the range of sentence.

    1 person marked this answer as helpful

  7. What is a "Status Conference"?

    Answered over 3 years ago.

    1. Kristen M Curry
    2. Michael S. Haber
    3. Eliz C A Johnson
    3 lawyer answers

    Usually the prosecutor suspends prosecution to allow you to complete a diversion program. If that program is not completed, then the prosecutor will seek to reinstate the charges. That is what it appears is going on here. The status conference has been set in the court and it will be to your benefit to appear, otherwise a warrant will be issued for your arrest. You will likely not be arrested if you appear but the case is back in court and you must deal with it. I recommend calling an...

    1 person marked this answer as helpful

  8. I was falsely accused of sexual assault a year ago. The case is closed. Can this be used in child custody?

    Answered 12 days ago.

    1. Kristen M Curry
    2. Kendall Lance Horween
    2 lawyer answers

    While the father of your fiance's child may try to use the information in his favor, I think that a family court judge will find it very compelling that the State chose not to charge you. An accusation will likely not effect any custody matter unless there is evidence to back it up.

  9. "Three months in jail for trying to sell drugs(marijuana) , never before been convicted for anything not even traffic ticket .

    Answered 12 days ago.

    1. Brian Petersen
    2. Kristen M Curry
    2 lawyer answers

    Trying to sell a joint or pounds? That obviously makes a huge difference on the charge and possible sentence. But it seems that you are concerned about the lawyer. I would be concerned if any lawyer said that they don't have time to visit a client in jail.

  10. Can the tasc diversion be used against you during trial?

    Answered 12 days ago.

    1. Brian G Di Pietro
    2. Kristen M Curry
    2 lawyer answers

    They probably can't use TASC information against you. However, if you testify and you say that the drugs weren't yours, etc., they may be able to use your admissions in the TASC forms to impeach you. As for the conflict of interest question, it's hard to say without more specific information.