Geoffrey H Fish’s Answers

Geoffrey H Fish

Phoenix Criminal Defense Attorney.

Contributor Level 10
  1. My ex has 3 charges, DUI-Iimpared to the slightest degre, DUI-alcohol concentration > .08, and driving W/DL SUSP/REV for FTP

    Answered almost 4 years ago.

    1. Geoffrey H Fish
    2. Howard A Snader
    2 lawyer answers

    He is fortuante if he is only facing misdemeanor DUI charges. Technically, the law states that he could be charged with felony Aggravated DUI if he received a DUI while his license is suspended. Typically, the County Attorney only charges the felony if the suspension is DUI related, however, I have seen many instances where they charge the felony DUI even on non-DUI suspensions. If this is his first DUI then he is likely facing the minimum 10 days of jail with 9 suspended. However, this...

    Selected as best answer

  2. Received a photo radar ticket and ignored it. Much later my mom was given papers for the ignored ticket. What shouild I do?

    Answered about 4 years ago.

    1. Geoffrey H Fish
    1 lawyer answer

    You have several issues going on here. First, was this proper service? Does your mother live with you? If so, they can serve you by serving her. This would be proper service, and if so, you must answer the ticket or face possible default. The second issue is if this was a civil ticket or criminal speeding. It sounds civil since you were not going 25 mph over the legal limit and not over 85 mph so my guess is that it is civil. If so, you may have an option to attend driving school in lieu...

    3 people marked this answer as helpful

  3. Received a letter stating that the case was reassigned to another judge and the dates of court were "vacated"

    Answered almost 4 years ago.

    1. Lonnie K McDowell
    2. Geoffrey H Fish
    2 lawyer answers

    I would agree with the other attorney's answer. You need to get hold of the Public Defender ASAP and find out what is going on. Also, make sure to hold on to those notices of "vacate" in case you need them.

    1 lawyer agreed with this answer

  4. If i wasnt driving the car at the time of a photo speed camera...are there any ways out of this ticket?

    Answered about 4 years ago.

    1. Geoffrey H Fish
    1 lawyer answer

    When you receive the ticket, there will be section that asks if this was you and asks that you also send in a valid picture id. That's all you will have to do. They will also ask if you know the driver, but you don't have to fill out that section. Good Luck.

    2 people marked this answer as helpful

  5. How likely is it the judge would throw out my speeding ticket from a photo radar?

    Answered about 4 years ago.

    1. Geoffrey H Fish
    1 lawyer answer

    Not likely - an officer has descrition whether to issue the ticket - however, once the ticket is issued, its issued and the judge wouldn't toss it based on your facts. The question is, have you answered the ticket, i.e., gone to court? If it is a photo-radar ticket, mailing the ticket to you is not proper service. They must serve it in person or obtain leave from the court for alternative service. You don't have to answer a ticket sent to you in the mail. Of course, if they do manage to...

    1 lawyer agreed with this answer

  6. I received a photo radar ticket from the city of Tempe, Az. Will they send a process server if I do not respond to the ticket?

    Answered about 4 years ago.

    1. Geoffrey H Fish
    2. Paul E Knost
    2 lawyer answers

    There is no clear answer. They very well might. It's all a matter of resources. In order to attempt alternative service (something other than a process server) - they first need to attempt to serve you in person. They may also get a process server, in which you will be in the clear in about 120 days.

    2 people marked this answer as helpful

  7. What should i do about my shoplifting misdemeanor?!

    Answered almost 4 years ago.

    1. Geoffrey H Fish
    1 lawyer answer

    If this is your first time with this type of charge, it is likely that you may receive a diversion offer. What that means is that you enter a "shoplifiting diversion" program which consists of a number of classes. At the successful completion of your program, your case is dismissed.

    1 person marked this answer as helpful

  8. Can a state impose a harsher punishment for a speeding ticket than the state where the ticket was received?

    Answered almost 4 years ago.

    1. Geoffrey H Fish
    1 lawyer answer

    Your thinking is correct. Arizona will just follow the same sanctions as California imposes - they will not impose harsher sanctions. Plus, Arizona has no jurisdiction to charge you with a new crime. MVD can take adminstrative action against your license, but you can't be charged with anything.

    1 person marked this answer as helpful

  9. Can felonys ever be expunged in AZ

    Answered about 4 years ago.

    1. Geoffrey H Fish
    2. Robert A Dodell
    3. Howard A Snader
    3 lawyer answers

    If you successfully completed your probation, you should very easily be able to get your 6 open designated to misdemeanor. As for the class 4, we don't have "expungement" in Arizona. Instead, we call it a set-aside or vacating the judgment. It works like an expungement, however, it will show up on a criminal history background, only it will say "vacated". You will have no felony conviction at that point, however. If you would like to talk further, please contact our office.

    1 person marked this answer as helpful

  10. How to get another public defender.

    Answered almost 4 years ago.

    1. Geoffrey H Fish
    2. Ronald S. Pichlik
    2 lawyer answers

    He should be entitled to an attorney for Post Conviction Relief or Appeal, whichever may be the case. They should have the application for him at the facility where he is being held. He needs to fill it out and file it with the Court. New attorney should then be appointed that can file those types of claims.