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Rick D Poster's Answers
- 24 Legal Answers
- 3 Legal Guides
1
Attorney answers:
I've committed Unemployment Insurance fraud. How do I make things right?
Whether or not your activity will be discovered is a function of DES and their abilities. Sometimes these things are discovered, and sometimes they are not. You should resist your impulse and not take any further action. In other words, do not contact them and confess your indiscretion. At the same time, do not do it again because if it is discovered, additional indiscretions could make matters much worse. It is unlikely that anyone can determine in advance whether or not DES would view...
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6
Attorney answers:
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Is there a possibilityof criminal charges? should we retain a lawyer?
You should review the article on my website called "what to do if you are being investigasted." If after reading the article you still think that you need an attorney, please feel free to email me. Rick Poster Attorney at Law Certified Criminal Law Specialist 11024 N. 28th Drive, Suite 200 Phoenix, Arizona 85029 Phone: 602-889-6270 Email: rick@posterlaw.com<mailto:rick@posterlaw.com> Web: www.posterlaw.com<http://www.posterlaw.com/>
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3
Attorney answers:
Do you have to go answer questions at the police station
I read the general answer from the Calif. attorney. I am licensed in Arizona and am a certified criminal law specialist. It is true that there is no requirement to talk to the police (except in very limited circumstances). If he has not already gone to talk to them, he should either go there or call them because it is likely that they will record the conversation. Also, he should not say anything to anyone else because that call or discussion may also be recorded and he would never know....
3 people marked this answer as helpful
2
Attorney answers:
If your in az how much time do you serve when you go to prision for a felony DUI?
The simple answer is 85%, but that does not include any time he gets credit for (pre-sentence incarceration). The 65% time is an urban legend that has existed for years. Once he is sentenced, he will get all the credit he is due, and his release date will be posted in a couple of weeks on the DOC website. There is a possibility that he will serve something less than the 85%, but whether he qualifies will depend on several factors. DOC will apply any credit once he is there.
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1
Attorney answers:
I dont understand why I'm being charged with 2 charges of a class 3 felony if I only defended myself, should I take it to trial?
The charges are probably 2 counts of aggravated assault, one for serious physical injury (resulting from the stitches), and one for using a dangerous instrument (the toy bat). There are several issues raised by this short scenario, each of which would take more space to fully analyze than room here. However, here are some, but not all, of the basics. First, there is the issue of creating a nuisance. It looks like the other girl started bothering the both of you. Next, was her threat...
2 people marked this answer as helpful
1
Attorney answers:
My husband assaulted while being held in a county jail,I went to visit on Sunday and was told he was in intake,i called Monday
I did receive your private email. What happened to your husband is tragic, but it does happen on occasion. It is very difficult to get a straight answer from the sheriff's department, especially when they are probably at fault and maybe liable. Unfortunately, the public defender's office can do nothing about the assault. The DA's office will probably do less, and the judge cannot get involved. In my experience, there are very few pro bono attorneys out there, and very few attorneys who...
1 person marked this answer as helpful
1
Attorney answers:
My son hit the 6 o clocknews I want to get an idea of how much time he will serve for a list of felonies he racked up on himself
In a nutshell, the possibility is a lot of time. The class 2's each carry 7-21 with a 10.5 year presumptive sentence. The class 4 carries 1-3.75 with a 2.5 year presumptive. Consecutive sentences are possible. All of these are for first time offenses, not including parole, which means presumptive sentences or greater, plus the rest of the parole time. Priors adds more time. The possibilities are not good, but there may be defenses and other issues to exploit. You / he should talk to a...
1 person marked this answer as helpful
3
Attorney answers:
I am looking for a Criminal Defense attorney in the Phoeniz, AZ for assualt charges.Who is the best for this type of offence?
Ask any attorney who is the best and you will likely get different answers from everyone. Most likely each will say he or she is the best. However, when looking for an attorney, you should consider who is the best for your case under all of the circumstances. Take into consideration the number of years of experience, the number and type of cases the attorney handled, the number and type of cases the attorney currently has, and of course how much the fee is going to be. For example, you...
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3
Attorney answers:
I was charged with possession and paraphanilia can they charge me with intent to sell after i have already gone to court?
The state has 7 years to file charges on a typical felony. It really depends on many factors if the state will charge simple possession, sale, or something else. The police will take the first step and send the case to the county attorneys office for charging. Right now, the concern should be having an open and a possible prior, both of which enhance sentences. )Ou should either talk to you present attorney or call someone else. I'd be glad to answer some questions.
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5
Attorney answers:
My friend is facing fraud charges from two different cities in Arizona. Should she consult an attorney?
She should consult an attorney. In Maricopa County (Phoenix), the prosecutor's office frequently seeks jail or prison sentences depending on the the amount or number of attempts to cash bad checks. Several attempts can also up the ante to fraud scheme, which is a class 2 felony, and add one or more counts of felony theft (various classes there). In many cases, white collar terms are added making future employment difficult, and numerous other terms are also possible. If she is unemployed...
1 person marked this answer as helpful