Trent R Buckallew’s Answers

Trent R Buckallew

Mesa Criminal Defense Attorney.

Contributor Level 6
  1. 2nd I.C.E. hold, removal court date 4 months from now, will be out on bond or held?

    Answered about 3 years ago.

    1. Trent R Buckallew
    2. Jon Martin Pettis
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

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

    Answered over 2 years ago.

    1. Valarie A McNeice
    2. Trent R Buckallew
    3. Eve L. Benger
    3 lawyer answers

    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...

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

    Answered about 3 years ago.

    1. Trent R Buckallew
    1 lawyer 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...

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

    Answered about 3 years ago.

    1. Aaron Michael Black
    2. Kaitlin Sofia Verdura
    3. Trent R Buckallew
    4. Robert West
    4 lawyer answers

    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...