Eleanor L. Miller’s Answers

Eleanor L. Miller

Phoenix Criminal Defense Attorney.

Contributor Level 10
  1. I need someone to represent me in court in 4 days for a misdemeanor marijuana charge

    Answered over 4 years ago.

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

    You must somehow get to court, and request the court to appoint you an attorney on these charges. Even though they are misdemeanors, and may not result in incarceration, if this is not your first drug offense, you may still be given some jail time. The most important things, however, are to appear in court, to avoid a warrant being issued for your arrest, and to hire an attorney or request appointment of an attorney while in court. The various service branches have different standards...

  2. Do i need to find a good attorney/lawyer?

    Answered over 4 years ago.

    1. Eleanor L. Miller
    1 lawyer answer

    While your question is somewhat confusing, it appears that you are being accused of some very serious crimes. Under such circumstances, it is always the wisest course to retain a reputable, competent criminal defense attorney, if you can afford one. If not, and you are arrested, you should not answer any questions without the presence of an attorney. Once you are arrested and have an initial appearance before a judge or magistrate, you should ask the court to appoint you an attorney, because...

  3. Can A criminal charge be dismissed by other attorney other than prosecutor?

    Answered over 4 years ago.

    1. Eleanor L. Miller
    2. W. Joseph Werner Jr.
    3. Alexander M. Ivakhnenko
    3 lawyer answers

    In a criminal case (in AZ), the plaintiff is always the State of Arizona. The victim (you) are merely a material witness, although under the Arizona Victim's Rights Bill you do have specific constitutional rights. The employer's attorney has no authority to dismiss charges once they have been filed against the defendant/accused. The only person with authority to do that would be the prosecutor. In certain limited circumstances (e.g., a case where there is no probable cause to believe...

  4. Can you sue the government if they do not clear your record after you get it expunged???

    Answered over 4 years ago.

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

    There is no such thing as "expungement" of a record in AZ. Depending on the type of crime for which you were convicted, you may or may not be able to have your conviction "vacated and dismissed." This does not mean the conviction "goes away" for everything, and does not necessarily mean you will be able to carry a weapon again. There are many factors involved in "getting your record cleared," having your civil rights restored, and being able to carry a weapon without committing the new...

  5. What is the highest sentence they will give a 15 year old for stealing a car by the fourth time?

    Answered over 4 years ago.

    1. Eleanor L. Miller
    1 lawyer answer

    The answer to this question depends on several factors, most important of which is whether the young man is still in the juvenile system or in the adult system. If he is in the juvie system, they cannot incarcerate him past his 18th birthday. If in the adult system, it is considerably longer, depending, among other things, on whether the prosecutor "alleges" his prior conviction as a "aggravating factor." Additionally, if convicted of the new offense, his probation is authomatically revoked,...

  6. What can happen if you leave the country for a week while on probation?

    Answered about 3 years ago.

    1. Jill Christine Schaefer
    2. Melvin G. Franke
    3. Eleanor L. Miller
    4. Steven M Zelinger
    5. Eliz C A Johnson
    5 lawyer answers

    First, I do not practice in MO, so it is always best to get the opinion and advice of an attorney who practices in your own state. However, anyone who is on probation has terms and conditions they must abide by. If one of the terms is that your brother not leave the state (or county or country) without court permission, and he goes on his trip without it, he will be in violation of that condition of probation. That could lead to a request by his probation officer to terminate his probation...

    1 lawyer agreed with this answer

  7. My brother stays with me. Last week a task force consisting of state, local & federal officers burst in with a search warrant.

    Answered about 4 years ago.

    1. Eleanor L. Miller
    1 lawyer answer

    I don't practice in SD, so you should address this question to a competent defense attorney there. However, in AZ your brother could be charged with possession of drug paraphernalia, a separate offense from possession of a drug. If SD has a similar offense, that is probably what the state will do.

    2 people marked this answer as helpful

  8. How can i go about getting my sons charges reversed

    Answered about 4 years ago.

    1. Eleanor L. Miller
    2. Alan James Brinkmeier
    2 lawyer answers

    I would suggest speaking with a competent criminal defense attorney who did not represent your son and who does post conviction relief. I do not practice in OK, so I do not even know if there is a post conviction relief avenue there. However, I suspect there is, and if your son's attorney did or did not do something which fell below the standards AND it prejudiced your son's case, a good post conviction relief attorney can tell you whether there is a way to assist your son. Of course, if...

    1 person marked this answer as helpful

  9. My home was broke into by a 15 yr old. I was informed he is taking his cases to trial even thou he told them he did it.

    Answered about 4 years ago.

    1. Johnny Ramirez Castaneda
    2. Eleanor L. Miller
    2 lawyer answers

    You should also check with the prosecution to see if your state has a law or constitutional provision regarding "victims' rights." If it does, then the prosecutor (and the defense) must abide by its terms. For e.g., in AZ there are very strong constitutional and statutory rights given to victims of crimes. You are entitled to notice every time there is a hearing and you may or may not attend. You may actually hire an attorney to represent your interests, so you don't have to run to court...

    1 person marked this answer as helpful

  10. Regarding Grand Jury Immunity

    Answered about 4 years ago.

    1. John G Koufos
    2. Eleanor L. Miller
    2 lawyer answers

    The first thing you should do is get legal representation, especially if you are concerned about a police report you filed. Counsel can find out if you are either a "target" or a "subject" of the grand jury investigation. If you are either, your attorney will advise you appropriately how to answer questions at the grand jury. You do not say whether this is a state or federal grand jury, although it sounds like it is a state gj. If so, hire an attorney who practices regularly in your...

    1 person marked this answer as helpful