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Howard A Snader

Howard Snader’s Answers

881 total


  • Can family attend the status conference ?

    My fiancé Was recently charged with theft means of transportation and will be having a status conference tomorrow can family attend ?

    Howard’s Answer

    All court appearances for adult, criminal matters are public proceedings. You can always watch any matter. Most courts will not permit the presence of children in the courtroom. Most felony court proceedings begin at 8:30 and can take a few hours to go through the calendar. His matter will be called when his attorney and the prosecutor are both ready to proceed. I would recommend that you contact his attorney and if you need to consider retaining counsel, please contact experienced counsel in felony defense.

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  • What kind of Lawyer should i work with for a Class 4 Felony Child Abuse?

    First time in trouble with the law. The victim is my son and he is not hurt or with me.

    Howard’s Answer

    As you question concerns your current prosecution, you need an experienced criminal defense attorney. In addition to the criminal charges, you could be facing issues with Child Protective Services, now the Dept of Child Safety. And, depending on your marital/custody issues, any conviction will certainly cause additional problems along those lines. Please contact experience counsel to address your concerns and receive some guidance.

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  • Can you be arrested if you have a bench warrant at your bankruptcy meeting of creditors?

    The bench warrants is for something unrelated to the bankruptcy

    Howard’s Answer

    If you have a warrant, you can ALWAYS be arrested. There are steps you need to take to protect yourself. Contacting experienced counsel prior to your arrest is the best, 1st step you can take.

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  • My son accused of inappropriate contact with cousin. Should I have a lawyer when he's questioned by detectives?

    This supposedly happened when they were in middle school. They are now in high school. I don't know the exact allegations, no one ever told us. Now he's to be questioned by a detective. What should I do?

    Howard’s Answer

    ABSOLUTELY, you must have counsel with him. You need to understand that even innocent statements or claims of innocence can derail a defense. The issues are complicated. And, especially with a time delay from the date of the alleged crime until now, you should not even consider providing ANY information to law enforcement. Please contact experienced counsel, hopefully a certified expert in criminal law before meeting with any officer. Please remind him to not discuss the facts on the phone or in person with anyone. The only person who should be speaking with him is his attorney.

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  • How can I set aside class 6 felony

    Back in Oct of 2005 I made a mistake and my boyfriend and I got into a fight at the time. I was charged with aggravated assault undesignated, and had to do probation. Since than my probation has been completed and I have no other charges on my rec...

    Howard’s Answer

    The only offense that can be reduced to a misdemeanor from a felony is a class 6 UNDESIGNATED offense. Your question does not note the actual conviction, so it is unclear if you can legally reduce your offense to a misdemeanor. The issue of setting the conviction aside is normally granted for a first-time felony conviction so long as it is not an excluded offense. If your conviction was for a non-dangerous offense, you should be eligible. But until you meet with counsel and have a chance to review the record, it is not known if you can actually have your conviction set aside. Please contact experienced counsel to address your concerns.

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  • How can I have felony dropped to a misdemeanor or dropped period. I'd like to restore my right to vote.

    Some years ago Id gotten a felony but had it dropped to an open 6 felony from a 3 or 2. Anyway apon successful completion of probation etc, it would be dropped to a misdemeanor 1. I've went above and beyond what was expected with no police contact...

    Howard’s Answer

    Your question is raising multiple topics. The only way to break down the issues is to meet with experienced counsel. If you understanding of the plea is accurate, then the reduction of the felony to a misdemeanor should have been filed by probation and signed off by the judge. Once reduced to a misdemeanor, then you should have no problem with reinstating your rights as the misdemeanor in most cases will not cause the loss of any rights. If the still a felony, then the court can grant the reinstatement of all rights, EXCEPT gun rights. That is a separate application and may or may not permitted depending on the original conviction. You really need to speak with counsel.

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  • How can a sex offender get off of life time probation?

    He is a level 1 attends classes not a reoffender and has not violated any terms of his probation. Does his PO need to be supportive and will he need a lawyer?

    Howard’s Answer

    To be removed from lifetime probation requires a motion filed in the Superior Court. If probation takes no position or is against it, the odds of prevailing are small. If he is not current and in good standing, then I normally would not recommend filing the motion. And, I normally recommend that one has been performing PERFECTLY for at least 5 years after release from custody, before filing the request. There is much to the process, and you should begin by speaking with experienced counsel.

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  • What charges can be brought for being stabbed by a 19yr old Autistic son n a Grandmother who's gonna try to hide him

    Friday I went on a camping trip with my girlfriend n her family which includes a 19yr Autistic son with extreme violent outbursts. While cooking dinner the pot of corn fell over n he yelled at his Grandmother n then his mom, I stood up n told him ...

    Howard’s Answer

    You have several different issues in play. Depending on where you were camping, this could be a State or Federal prosecution. An aggravated assault with a deadly weapon, if convicted, would result in mandatory prison. His mental health issues will play a part in any defense. In some cases, it may permit the dismissal of any charge, alternatively, could result in longterm incarceration with counseling/mental health commitment. You really need to speak with experienced counsel to determine your best course of action.

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  • AZ - Extreme DUI - Car Accident, No Other Cars/People Involved

    A relative of mine was involved in an Extreme DUI car accident where he wrecked his car and took out a light pole in the process. He was hurt in the incident and was sent to the hospital. Papers say he was "arrested," yet he was released from th...

    Howard’s Answer

    An officer always has the option of making a formal arrest and taking someone to jail or waiting to have a prosecutor review the file after receiving the results of the alcohol test or tests. In this case, the normal process for the misdemeanor DUI is to release the person after the investigation and either issue a citation for the DUI or advise the person that they will receive paperwork in the mail concerning MVD and court related issues. Considering his injuries, the officers did not want to remove him from the hospital. Be greatful. However, the high BAC, the fact he "took out" a light pole, and the accident may be charged as felonies or misdemeanors...or both. You really should consult with experience counsel to understand how the process works and how you can start to best prepare a defense.

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  • I have 2 drug related felonies and 1 theft in Arizona from 2006. Did 10 months in prison in 2006. All class 6 felonies.

    I have not been in any trouble since November 2006. I want to have my crimes set aside and my right to bare arms restored. I realize there is no expungement in AZ. Would this be possible and what kind of fees would I be looking at if so?

    Howard’s Answer

    As you are aware, Arizona does not permit expungement. The three felonies you have are eligible to be set aside. You really need to speak to experienced counsel as to the process and cost. Much will depend on the court involved. You will find the legal fees will be all over the place. Make sure to use an experienced attorney who has filed the motions with success in the past.

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