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Kyle Green
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Kyle Green’s Answers

60 total


  • What are the flaws of a search warrant?

    family needs to know

    Kyle’s Answer

    As a defense attorney there a few ways that we can challenge the validity of a search warrant. The first by attacking the probable cause the officer had to seek the search warrant in the first place. If there was no probable cause than the warrant should not have issued and any contraband that may have been found would be considered fruit of the poisonous tree and inadmissible. The second way to challenge a search warrant is to demonstrate that it lacks specificity as to what it is looking for. The officer has to narrow it down so that is just not an end-all be-all type of search looking for anything and everything that can be found. They have to be looking for specific items that they feel helped or are part of the commission of a crime. Additionally it is not uncommon for officers to find other items of contraband while they are conducting their initial search that are outside the scope of the initial search warrant. If this circumstance occurs the officer should stop the search get a new warrant before continuing to search. If the officer fails to do that there is the potential to challenge search on the grounds of that search was outside the scope of the warrant. In short search warrants are an investigative tool that officers use to obtain information. However, it also becomes an additional avenue challenge a case in a court of law.

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  • Does there need to be a notary stamp on a search warrant?

    A friend just wants to know

    Kyle’s Answer

    A warrant does not require a notary stamp. However, a warrant must be signed by a judicial officer issuing the warrant.

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  • What are the chances of getting a DUI in the slightest reduced to reckless driving?

    I was charged with a DUI in the slighest in AZ. I was not operating the vehicle when the police came, but I did have my car spin out on the side of the road and an officer drove by. There was no damage to the vehicle, and there were no people invo...

    Kyle’s Answer

    Each individual case has it's own facts and circumstances. One of the elements required for a DUI is for the State to prove that you were driving or in actual physical control of a motor vehicle. If the State cannot prove that element or if it's something that would be a close call, your chances of getting it reduced are greatly enhanced.

    DUIs carry severe penalties in Arizona including mandatory jail time. You're dealing with a very technical defense in this case as well. You need to contact an attorney and discuss your case in more detail so that you can understand your options and prepare the best possible defense.

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  • What does it mean when a charge is filed?

    I am on unsupervised probation for disorderly conduct! I have one more year left of probation! I recently was on private property and got in trouble for disorderly conduct again the cops did not want to do anything but the owner wanted to press ch...

    Kyle’s Answer

    The short answer to your question is yes, charges have been filed. The police issued you a citation in lieu of booking you into custody. The government now has the case and can decide what they would like to do moving forward. Do note, that if you were on probation at the time of the offense, you will likely get a notice that you've violated probation and that could potentially lead to consequences as well. I would recommend that you speak with an attorney about your cases and that you no give out specific details in a public internet forum that could later be used against you.

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  • In 2008, while driving through AZ, son was charged with "pot" and paraphernalia possession then "failure to appear".

    Warrant is now showing up in potential employment background checks. Does he need to come to AZ to clear this up? Will he face any detention time or fine?

    Kyle’s Answer

    Depending on how and where your son is charged, an attorney may be able to help resolve the matter without him coming back to Arizona. If he's charged with the felony versions of "pot" and paraphernalia then he would need to return to Arizona. Like he would not face any detention time for those particular offenses. I would recommend speaking with an attorney more about the details and see what options he has moving forward.

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  • What is the average cost of a DUI lawyer?

    I got a DUI. The blood test said I had drugs in system but below the limit for alcohol. It is my 1st offense. I have no prior record. I take many prescription medications.

    Kyle’s Answer

    Defense attorneys for DUIs can cost anywhere from $2500-10K. It just depends on the attorney. Based on the information you provided, you may have some very valid defenses to a DUI. I would recommend speaking with an attorney as soon as possible to discuss your case and let you know your options. I would not recommend posting any other pertinent information to charges in an online forum like Avvo because those communications will not be covered by attorney client privilege.

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  • Criminal speeding ticket 67 in 40. How do I plead and is it possible to get it reduced to civil speeding ticket and how?

    City of Phoenix

    Kyle’s Answer

    • Selected as best answer

    There are a number of factors that will be considered such as your prior criminal history and driving record when discussing the option of reducing the charge to a civil speeding ticket. Additionally, the way the officer determined your speed will also be considered and play into how solid the State's case is against you.

    In most every circumstance I advise individuals to plead not guilty at an arraignment. This gives you the opportunity to negotiate with the prosecutor and see if a better plea deal can be reached. If you plead guilty at your arraignment, you will be pleading directly to the charge and no reduction will occur. Additionally, since this is a criminal offense, it would stay on your record forever if you are found guilty of it. This isn't just your driving record, this is the background check that employers and other entities use. I would suggest discussing the case with an experienced attorney and deciding if representation is right for you.

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  • I have two felony convictions in calif , was convicted in 1995 have not been convicted of any crimes only traffic,

    48 year old male, have lived in az for 13 years would like to vote and be able to hunt with my kids what can I do and does the felony apply to az

    Kyle’s Answer

    Generally speaking, collateral penalties for felonies (i.e. voting rights, gun rights) are uniform across states - meaning that a felony conviction in California prevents those types of things in Arizona. You may be eligible to earn those rights back, but you need to contact an attorney in California to help you restore your rights. Arizona has no jurisdiction over the matter to be able to restore your rights for California convictions.

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  • Without an arrest but a criminal complaint filed for shoplifting who is burden of proof on

    No ticket issued or arrest made

    Kyle’s Answer

    Any time there are criminal charges filed, the burden is on the government to have to prove the charges. As a defendant, you have no obligation to prove anything.

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  • I need a good lawyer to help me with a felony shoplifting. I don't have much income. But I can put some down and make payments.

    I need a good lawyer to help me with a felony shoplifting . The public defender was no help at all. He didn't give no advise or strategy he just tells me to be prepared to go to jail in two weeks. And I'm suffering from some severe health issues t...

    Kyle’s Answer

    If you are seeking a private attorney to help in your matter, you need to call around and schedule an appointment. Some attorneys do payment plans while others do not. Find one that you're comfortable with and that can work with your income.

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