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Geoffrey H Fish

Geoffrey Fish’s Answers

53 total


  • How to get another public defender.

    My friend is serving a life w/o parole sentence and his public defenders have just told him he need to file papers for ineffective counsel. How does he do all this w/o and attorney? They also told him he needs to file a Writ of Habeus Corpus. H...

    Geoffrey’s Answer

    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.

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  • What should i do about my shoplifting misdemeanor?!

    I was caught stealing a pack of craft things at Michaels totaling $11 in Henderson, NV. Now i have to go to court. Do i plead guitly or what? im so confused please explain everything. what will happen in court?? i dont have a job, i am 18 years ol...

    Geoffrey’s 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.

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  • Extending Sentencing Date

    I am scheduled for sentencing on 8/19 and my Mother, who lives in NY wanted to come visit me before I go in, however was unable to get a ticket before 8/19. Then I received a letter from the clerk's office informing that my sentencing is on 8/30. ...

    Geoffrey’s Answer

    While I don't practice in your state and don't know the circumstances of your case, typically there is a right to continue sentencing at least one time for mitigation purposes. The Courts are usually fairly flexible in resetting sentencing dates, especially to accomodate people if they have other individuals that would like to come speak at the sentencing. I would tell your attorney of the situation and that you will be needing a continuance.

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  • How can kicking a tv be violating probation

    I am on probation and I kicked my tv that was mine but is in my ex's house. we got in an argument.

    Geoffrey’s Answer

    It all depends what your terms of condition are. I suppose, you could be charged with disturbing the peace. Any new charge would be a violation of your probation.

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  • Is an audio recording from questioning at the scene the same or different than police notes? DV Case.

    Is the audio recording treated differently than say a police report that may be subject to 6th amendment rights and not admissable? Therefore, can it definitely be used as non-testimonial evidence if the case should go to trial. Would this carry w...

    Geoffrey’s Answer

    An audio recording would be treated the same way and subject to the same evidentiary objections. It may be brought in for impeachment purposes if the person on the recording testifies differently in Court than what was said on the tape.

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  • If a warrant is issued for my arrest willl the police come to my house?

    I failed to show up in court for domestic violence as a witness. There has been a continuence. The prosecutor has contacted me, and told me if I dont show up then there will be a warrant for my arrest for contempt of court. I lied on the police r...

    Geoffrey’s Answer

    I agree with the other attorney. If you have been subpoeaned (properly served) and fail to abide by that, then the prosecutor can ask the Court to issue an arrest warrant for you. If this is a misdemeanor case, the chances of this happening are small. However, if this is a felony case or more serious case then it is definatley possible. It all depends on the prosecutor involved.

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  • Is a DUI warrant nation wide?

    I had an accident not involving any other vehicles, tire blew out and rolled my truck. They took me to the hospital did the x-rays, mri, etc... The nurse took blood and once the doctor gave me the ok the police officer left. This was in Jan 200...

    Geoffrey’s Answer

    The warrant may pop up but at the very least, your driving privileges are probably suspended. If it is a misdemeanor warrant, they are usually only enforce within the jurisdiction (State) that the warrant is issued out of. They will not extradite from another state because of the costs. So you probably don't have to worry about being arrested. However, it will cause all sorts of problems with trying to obtain a license. You would be entitled to an attorney if you can't afford one. It is best to try and take of this matter so it doesn't continue to haunt you and you can take care of it on your terms.

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  • Violation of probation for a weapon that was in the house my son was staying in not his, was almost done with probation of 5 yrs

    does he serve his original sentence or can he reinstate his his probation status he is a single parent to a 6 year old?

    Geoffrey’s Answer

    If this is his first violation, then it is likely he will be reinstate. However, the State may try and charge a new Misconduct Involving Weapons charge. If so, that will throw a wrench into everything. It is important that all facts relating to this incident be brought forward for the best resolution.

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  • I am being recharged with a dui in arizona. What other evidence can they use against me?

    I was charged with a dui in 07 the case went its course, and the judge suppressed the Breathalyzer test due to the fact that they would not give up the source codes and the prosecution dismissed the case to appeal the judges decision to suppress t...

    Geoffrey’s Answer

    I agree with the other attorney. Since the Breathalyzer evidence has already been suppressed, unless an appeals court ruling overtuned this decision, it cannot be used against you in the new case. I would also agree with the other attorney that you are most likely just facing the "A(1)" charge of "Impaired to the Slightest Degree". It is much tougher for a prosecutor to proceed on the this charge only because it is much more facts intensive instead of scientific.

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

    these are from one incident in 2002 and he has 3 warrants one for each for failure to appear. I understand he won't be extradited if he is in another state but am curious what penalties he is facing having fled the state. He had told me the reason...

    Geoffrey’s Answer

    • Selected as best answer

    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 could vary depending on the facts of the case. He would be looking at having to install an interlock device and be subject to fines.

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