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Holly R Gieszl

Holly Gieszl’s Answers

115 total


  • What is a fair plea if I have 1 prior felony from 2004 possession of a dangerous drug and my new charge is attempted theft

    I was the passenger and the driver was on probation her truck her trailor she walked I am being prosecuted her mom is retired police

    Holly’s Answer

    Attorney Zachary's answer is excellent and hard to "add to." The plea offer in the current case --- and whether you should accept it --- should be based on the facts of the current case.

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  • Can you go after police for a bogus charge???

    I was pulled over recently on my motorcycle by an officer who said he wanted to see if I was one of the recent motorcyclist who have ran from police recently... Then goes on to say my plate is incorrectly displayed because its verticle not horizon...

    Holly’s Answer

    It is common for people to be arrested on outstanding warrants that they knew nothing about after a routine traffic stop. You can't get the warrant quashed because you were arrested on it in the course of the stop for the crooked plate. I hope that I've understood your question correctly. Depending on the seriousness of the charge that led to the warrant, you may need to consult an attorney.

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  • A disabled person on medicare wants to buy a house in Arizona. he qualifies for a VA loan. his parents want to gift the down.

    Will he or we be penalized?

    Holly’s Answer

    The answer by Attorney Davis is excellent. This kind of question really requires consultation with an attorney experienced in the area of trust and estates. Good luck with this important topic.

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  • Can I get 2 misdemeanors expunged from my record?

    I sent in a restoration of civil rights and check the box "Vacate judgement of guilt and dismiss charges"

    Holly’s Answer

    You sent in the correct document. The answer below nicely explains how Arizona handles setting aside (not expunging) misdemeanors.

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  • Is an arrest for shoplifting but charges dropped and no conviction an attempted felony?

    Hi I was arrested in bloomington,IN in 2013 for shoplifting but not charged. I was in tempe, AZ applying for housing and the application said "If in the past, you have any felony criminal convictions or currently serving felony-deferred adjudicati...

    Holly’s Answer

    On the facts you describe the answer is "no": an arrest for shoplifting but charges dropped and no conviction is NOT an attempted felony.

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  • Husband kept in jail 6 months longer than sentence. Can we collect money for that? He is terminally ill and after release, was

    held by ICE and deported! I am left losing home! He heard he can get up to $1,000 for each day he was incorrectly held over the three year sentence. Is that true?

    Holly’s Answer

    I agree with the answers below. On the facts presented, it does not sound like he was unlawfully detained.

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  • Is not being able to produce an affidavit that was used to obtain a search warrant used by the IRS grounds for dismal?

    The IRS raided my boyfriends house looking for his cousin that was allegedly committing tax fraud, in the search they found a small locked safe that had drugs in it, no one has been able to come up with the affidavit, our lawyer cant even get a co...

    Holly’s Answer

    I have three comments. First, I agree with the attorneys below. Second, it is not uncommon for the state (and some criminal defense attys) to push pleas even when the underlying case may not "stand up." Third, keep after that affidavit!

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  • When on unsupervised adult probation, are you allowed to leave the state in which the probation has been given?

    Unpaid fines violation, subject was picked up on outstanding warrant for the fines, spent night in jail, went before judge and given 12 months unsupervised probation and told any trouble in next 12 months would send him to jail. This is a mother a...

    Holly’s Answer

    The only safe way to know if an action like leaving the state may be a violation of your probation is to read carefully all of the probation paperwork. A.R.S. 13-901 provides that if a person who has been convicted of an offense is eligible for probation, "the court may suspend the imposition or execution of sentence and, if so, shall without delay place the person on intensive probation supervision pursuant to section 13-913 or supervised or unsupervised probation on such terms and conditions as the law requires and the court deems appropriate." You have to be sure that you know all of the terms that the court imposed.

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  • During a raid, are the agents supposed to record whats going on and interviews they conduct?

    Also if a person was not read their Miranda rights can they use what the person said against them, even if they didnt say whats in the report?

    Holly’s Answer

    I agree with the comments by the other attorneys who responded. I would add : (i) This sounds serious; (ii) Whether a violation of any of your rights occurred during a search and seizure is highly fact specific and requires careful discussion with an attorney; and (iii) whether you were interrogated in violation of Miranda is highly fact specific and requires careful discussion with an attorney. Good luck.

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  • I stole my father in law's identity, help!

    Last year I decided to do the dumbest by far the worst mistake ever. I was in a financial situation about to get evicted and I opened a 1000 dollar credit card to pay bills under my father in laws name.he just found out and gave a power of attorn...

    Holly’s Answer

    It's not possible on these facts to know what you're looking at if they press charges. Discussing this on an open bog is risky. The best strategy may be to get an attorney who can advise you in the investigation phase, possibly avoid any charges or arrest, and assist you if charges are brought. Good luck. Everyone makes mistakes. Learn and move on with competent legal help.

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