Eleanor L. Miller’s Answers

Eleanor L. Miller

Phoenix Criminal Defense Attorney.

Contributor Level 10
  1. I have a disordery conduct non violent but is a felony6 and my sentence was 2 yrs probation and 6 mos of anger mangement. i was

    Answered about 4 years ago.

    1. Howard A Snader
    2. Eleanor L. Miller
    2 lawyer answers

    A disorderly conduct is usually a misdemeanor in AZ. You should check and make sure it wasn't designated a misdemeanor. However, I agree with Mr. Snader. If in fact it was a felony conviction, there is something we refer to as a "set aside" which is as close to an expungement that you can get in AZ. It doesn't "expunge" the conviction from public records, but a judge does enter an order vacating the conviction and sentence, and dismissing the charge. As Mr. Snader suggested, you...

  2. Can I find someone who translate a 911 call police sprint report?

    Answered about 4 years ago.

    1. Nicklaus James Misiti
    2. Eric Edward Rothstein
    3. Eleanor L. Miller
    3 lawyer answers

    If you want to know what precisely is on the 911 call, you should obtain the 911 call itself. As the previous attorney indicated, unless it is evidence being preserved for a prosecution, it will be destroyed by the police in a relatively short period of time, so act promptly if you want a copy of the call itself. If it is evidence that will be used in a crime, the attorney representing the defendant should be able to obtain that 911 call as part of the discovery procedure.

  3. How can I get my record clean. I have assault disorderly conduct and intent on record

    Answered about 4 years ago.

    1. Cary L Lackey
    2. Eleanor L. Miller
    2 lawyer answers

    What Mr. Lackey described to you is what we also call a "set aside." If granted, it "sets aside" the conviction and sentence. However, as a practical matter, that conviction will always be on your record for certain circumstances, including if you get into further criminal trouble. There is no such thing as a true "expungement" or "cleaning of a record" in Arizona. Additionally, you must be very careful when applying for a job. If the application asks if you have ever been convicted of a...

  4. Possession or use of marijuana

    Answered about 4 years ago.

    1. Cary L Lackey
    2. Howard A Snader
    3. Eleanor L. Miller
    3 lawyer answers

    As noted by attorneys Lackey and Snader, possession of any useable amount of marijuana may be treated as a felony in Arizona. It may also be designated a misdemeanor. Either is a crime, and you should always have an attorney when charged with a crime, whether you hire an attorney or ask the court to appoint an attorney to represent you. If this is your first drug offense, and the quantity was for personal use only, you are eligible for two possible outcomes. One is TASC (Treatment...

  5. What should he expect in a gun charge case.

    Answered over 4 years ago.

    1. Eleanor L. Miller
    2. Benjamin J Lieberman
    2 lawyer answers

    There is too little information to suggest a "line of defense." Did the 19 year old make any statements, denying knowledge? Did the two in the back make any statements exonerating the 19 year old -- or did they blame him? Was the stop a legal one? Did it turn into an illegal one, after the initial stop was made? Where exactly was the gun found? Was it visible to anyone in the car, or was it hidden? This is just the beginning. The young man needs to consult with a competent criminal...

  6. How do you convince a county attorney to lessen your charges?

    Answered over 4 years ago.

    1. Karyn T. Missimer
    2. Eleanor L. Miller
    2 lawyer answers

    You negotiate a plea, and you've already done some things that should help you out. It is also helpful that the victims don't want to hang you out to dry. IF you are charged, you need a competent attorney who can present all the mitigating circumstances to the prosecutor in a deviation request, to get you the best possible plea agreement.

  7. Charged with burglary. What's going to happen next?

    Answered over 4 years ago.

    1. Eleanor L. Miller
    1 lawyer answer

    You could be charged with both theft and burglary, because it appears that you entered a home to steal the items. Because the theft and burglary occurred as a "continuous crime," it is possible that while you can be convicted of both, you cannot be punished twice. This depends on several factors. Once the county attorney decides whether to charge you, you will either be arrested on a warrant, or summoned to court by mail. You will be arraigned on the charge and from there proceed through...

  8. I dont understand, help please

    Answered over 4 years ago.

    1. Eleanor L. Miller
    1 lawyer answer

    "Flat time" in AZ means that she will do every single day of the 8 years in prison. She is not eligible for parole or any other kind of early release. This is an unusual outcome for a first time offender. A petition for post conviction relief is governed by rule 32 of the Arizona Rules of Criminal Procedure. It allows you to challenge a conviction [by plea] under limited circumstances. A notice of filing a petition for review must be filed within 90 days of the sentencing, so if your...

  9. Is there any way to find an affadavit of service in public records?--Arizona

    Answered over 4 years ago.

    1. Eleanor L. Miller
    1 lawyer answer

    The affidavit of service must be filed with the court before the court can issue a warrant. Therefore, the court's records are the first place to look. If there is a "fake" affidavit in there, you are going to have to get your ex-roomate to testify that you were not actually served personally. This means hiring an attorney to move to quash a warrant if one has issued for you. There are court sites available to you online to find out if there is a warrant, including the Maricopa County...

  10. I got a photo radar ticket and my cousin was served

    Answered over 4 years ago.

    1. Eleanor L. Miller
    1 lawyer answer

    It is difficult to answer this question without knowing what "papers" were served on your cousin, and why. In all likelihood, they were "served' on him because you were driving his car. If the "papers" were a summons, but were served on your cousin by mail, this is insufficient service. However, ignoring the service may lead to a law enforcement agent going to your cousin's home or work and serving him with the same "papers" in person. That is "good" service, and your cousin will have to...