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Trent R Buckallew

Trent Buckallew’s Answers

4 total

  • I just got an mic and have to go to court next month, whats going to happen?

    The only thing on my record is shop lifting offence but i had to take a class and pay a fine.

    Trent’s Answer

    If you are 18+ then your case will be heard in adult court, the charge is a class 1 misdemeanor, with maximum penalty of 6 months jail/$2500.00 fine -- however, these are the maximum penalties and do NOT represent what type of sentence people normally get. For first time offenders diversion is sometimes available depending on prior record and other factors. If diversion is not available (for whatever reason) then fine, community work service, and probation is the normal consequence.

    If you are under 18 then your case will normally be heard in the Juvenile Court where diversion may also be available, and if not available, the usual outcome is some type of probation service, fine, and community work service.

    Incarceration is extremely rare in cases like yours.

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  • Can the prison send an inmate to SMU without investigating an accusation?

    Recently my fiance was taken off the yard to a detention unit because another inmate got caught bringing drugs into the facility and when pressed named my fiance as the recipient. This is absolutely false. The Deputy Warden of the yard has submi...

    Trent’s Answer

    The Department of Corrections is given wide latitude to make decisions as to where inmates will be housed and for how long they will be housed in a particular classification/level. The Arizona Department of Corrections has policy on how to investigate allegations of misconduct. There are two types of allegations: Minor Rule Violation and Major Rule Violation. Your case sounds like a Major Rule Violation accusation. These are heard by a Hearing Officer who will listen to the evidence and take testimony from witnesses (remember anything said can be used later in Court in criminal proceedings). If found guilty of the Major Violation by the Hearing Officer then the inmate can file an Appeal within 5 workdays [See Director's Instruction DI 6, Inmate Discipline System and DO 804 Inmate Behavior Control - you may be able to find these AZ DOC policies on the internet.]

    The final concern is that some Major Rule Violations can result in criminal prosecution if the alleged violation is also a violation law.

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  • 2nd I.C.E. hold, removal court date 4 months from now, will be out on bond or held?

    If a person has been put on an ice hold and still in the court preceedings, but then got arrested for another offense (dui), ICe put another hold on him, will ice keep him until his court date or will he be able to post bond? at what amount?

    Trent’s Answer

    There are a number of factors to consider, but a primary issue would be the nature of the first criminal offense for which the person was arrested -- if that original offense (1st alleged crime) was governed by 8 U.S.C.A. section 1226(c) and then the person gets a new offense (2nd alleged crime) while out on ICE/Immigration release from the 1st case -- that person can be held in detention without any release. I would refer you to the book "Immigration Law and Crimes" by teh National Lawyers Guild - specifically section 8.12 of that title.

    It is possible that if the person is not subject to the above statute [i.e., the original release was not governed by 8 U.S.C.A. 1226(c)] then on the question of being released again on the second offense the court would likely apply the standards of 8 U.S.C.A. section 1226(a)(2)(A) and only hold if the person is a flight risk, danger to others, or threat to national security. If bondable the minimum bond is at least $1500 per the statute. Finally, even if bondable under the statute the Judge could use discretion to deny bond or impose such a high bond that release become impractical.

    NOTE: The above information is for general information ONLY and should not be relied on without first consulting a licensed attorney -- the information may, or may not, be applicable to your situation. No attorney client relationship is created between us as a result of this post -- remember "I am an attorney...I'm just NOT your Attorney".

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  • What sentence is my brother in law looking at for 1st offense marjuana possession, receiving a dui?

    This was 1 1/2 yrs. ago. He did not make his court appearance but left the state. He came back a few months ago to help with his mom and is now ready to turn himself in. There, of course, is a warrant out for his arrest now. What is he looking a...

    Trent’s Answer

    There are two issues at play with your case. The first is the Possession of Marijuana case which is normally charged as a class 6 felony offense, and is normally a guaranteed probation offense unless you have certain prior convictions rendering you ineligible for probation. In some cases, diversion is available and may be a good option for some people.

    The second issue is the DUI charge. If it is a drug based DUI then the penalty range is between 1 day and 6 months with a minimum mandatory jail sentence of 1 day. Alcohol based DUI cases have penalties that are linked to the amount of alcohol a person has in their system. The more the alcohol = more punishment.

    For additional information you may wish to visit my website at www.crim-law.info and www.arizonaduidefenselawfirm.com or contact the firm at (480) 988-7993

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