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Kyle Green
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Kyle Green’s Answers

60 total


  • How much jail time am I facing for two DUI;s 1 felony, 1 aggravated and driving on suspended?

    I was arrested 2 years ago on dui they dropped the charges and refiled a felony I did not know they refiled . I then was arrested last week for aggravated dui and driving on suspended license.

    Kyle’s Answer

    DUI's in Arizona have minimum penalties as required by statute. If you're convicted of an aggravated DUI, you would have to serve a minimum of 4 months prison, not jail. You would also face additional fines, fees, and assessments.

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  • Violation Code 13-1805A, was caught shoplifting at Walmart

    Grand total of it was $34.00. I have no prior history of shoplifting. I am trying to keep this off my record by all means, should I retain an attorney? About how much would that cost? And how should I plead at arraignment? The officer never asked ...

    Kyle’s Answer

    I agree with the other two answers that have been given already. Shoplifting is a class 1 misdemeanor. As a class 1 misdemeanor, you face a maximum penalty of 6 months in jail and a $2500 fine plus a surcharge. You likely won't face jail-time for the offense, but its a possible sentence.

    While you may be eligible for a diversion agreement with the State depending on the jurisdiction, you could face a civil penalty of $250 because of the offense. This civil penalty would be in addition to any penalty that you could face on the criminal side of things. This is a mandatory fine allowed from a separate statute for any who commits shoplifting.

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  • My husband is violating his AZ license suspension

    He is currently driving on a work permit but keeps violating his suspension. It concerns me that he violates the parameters of his probation and driving restrictions. What could the penalties be if he were pulled over? He also is renting cars i...

    Kyle’s Answer

    If your husband is caught driving on a suspended license he could potentially face the charge of Driving on a Suspended License, which is a class 1 misdemeanor. A class 1 misdemeanor carries with it a maximum penalty 6 months in jail and a $2500 file plus surcharge.

    Additionally, he could face charges for Operation in Violation of a License Restriction which is a class 2 misdemeanor. A class 2 misdemeanor carries with it a maximum penalty of 4 months in jail and a $750 file plus surcharge.

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  • Does filing for post conviction relief put a sentence of probation on ' hold' until your case is reviewed?

    My boyfriend was sentenced to 1 to 3 years in drug court after pleading guilty on a plea agreement to possession of a dangerous drug (meth) (first offense)in Superior Court in Phoenix. He believes his sentence is too harsh and he would have been b...

    Kyle’s Answer

    A petition for post-conviction relief is different than an appeal. As previously stated, a petition for post conviction relief does not stay the sentence.

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  • Should my miranda rights been read to mean as soon as i was put into handcuffs?

    I got arrested at a party and put into handcuffs and taken downtown. The cop did not read me my miranda rights until three hours later. right before I was taken into jail. Should he have read them to me as he was putting me into handcuffs?

    Kyle’s Answer

    I agree with the other attorney's answers. Miranda only comes into play when police are planning on interrogating or questioning you while you are in custody. If they didn't question you, there has not been a violation of Miranda. Also, one of the misconceptions is that a Miranda violation will get your case thrown out. This isn't necessarily true. It really only prevents the statements that were made from being used against you, which could result in the State losing the evidence it needs in the case.

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  • Is it legal for a company to fire an employee if they are pregnant?

    The company I work for is being bought out by another company and I was given my 2 weeks notice today. They claim that there is no position for me at the new company yet told me that I was a hard worker and that they wanted me to re-apply after I...

    Kyle’s Answer

    Arizona is what's call an "at-will" or "right to work" employment state. That means that there are very few protections for employees seeking recourse. In most circumstances, the only time an employee may have a case is if they were terminated in violation of Title VII or its Arizona State equivalent. Those violations would include adverse employment actions based on race, religion, gender, sex, national origin, age, or disability. In your circumstance, termination based on pregnancy could be a violation of Title VII because it is based on gender or sex. If you feel like you are being discriminated against, the first step is to file a Charge of Discrimination with the Equal Employment Opportunity Commission or the Civil Rights Division of the Attorney General's office. Filing a charge with one of the agencies automatically files it with the other because they have a work-sharing agreement. Once the charge is filed, the agency will conduct an investigation and ultimately issue you a Right to Sue letter. The Right to Sue letter gives you 90 days to file a lawsuit in state or federal court to further pursue your claims.

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  • I have not recieved my final wages owed by employer yet i did recieve a W2 reflecting those wages, what can i do?

    I asked for my final wages multiple times and have yet to recieve them from November of 2011. I recieved my W2 from this employer today and it does reflect those wages and taxes from those wages. I am not sure what to do about this. Should I file ...

    Kyle’s Answer

    In addition to the remedies described above, you can also report the violation to the Arizona Labor Board if the amount is less than $2500 and have them look into the issue for you. That would be your most cost effective method of trying to get your wages.

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  • Is it legal to have a contract that contradicts federal/state law?

    My company has a few things in their employment contract and I'm not sure if it is legal in Arizona. The first thing I'm concerned with is that they do not pay overtime ever. Many employees work over 40 hours a week and no one has ever been compen...

    Kyle’s Answer

    Employers are required to pay individuals that work over 40 hours overtime. There are some exceptions to that rule and that rule changes if you are on a salary. Without knowing more about the position, it's tough to give you a formal answer.

    Your second concern is a little confusing. If you leave the company, why does it matter what your pay rate is going to be? Feel free to call my office to discuss your issues further.

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  • I worked for a company 2 days and did not return on the 3rd day

    I worked for a company 2 days and did not return on the 3rd day

    Kyle’s Answer

    The simple answer to this would be yes. Since you worked those two days, you are entitled to the wages for the time that you earned.

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  • They are paying security a flat rate instead of O.T. Is this legal?

    work for school dist. they are paying that flat rate using another agentcy

    Kyle’s Answer

    The short answer to your question is it depends. Most people that work over 40 hours in a week are entitled to over-time pay that equals one and one-half (1 1/2) times the regular hourly wage. However, quite a few exceptions apply to whether somebody is entitled to overtime pay. Without knowing more of the details of your specific case, it is hard to give a specific answer. Our office would be more than happy to look at your case in more detail through an initial consultation.

    Please be advised that each individual case is different and that this answer is designed to be general information regarding your case. To receive a more specific answer, consult a local attorney.

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