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Jason R. Smith

Jason Smith’s Answers

25 total

  • Can I a State Troopers Accident Report be challenged

    My 2 nephews were involved in a accident involving a tractor trailer.According to my nephew he was cut off by the Semi and pushed off the road. Both were hospitalized with major injuries and their vehicle was a total loss. They were never intervie...

    Jason’s Answer

    You need to immediately consult with an experienced Personal Injury Attorney that has a good investigator to look into things further and possibly challenge the report if your position can be supported. Some police reports are thorough and others are not. You indicated that your nephews were never interviewed so there may also be other things that were not done. It's rare a police officer will change their report but if you can uncover compelling evidence it can be done. I had a case that was a loser and no attorney in town would touch it but like with your nephews the officer never spoke to my client or any of the witnesses except for the other driver. After speaking with my client, I spoke to the witnesses and retrieved 911 recordings which supported our version of events and what really happened. The officer corrected the police report, the citation was dismissed and the insurance company paid a six-figure policy limits settlement.

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  • DEFENDANT’S RULE 15.2 DISCLOSURE STATEMENT

    what defendant rule 15.2 disclosure statement mean

    Jason’s Answer

    Both the State and the Defendant have a duty to disclose certain items during the pre-trial discovery process. Rule 15.2 covers the Defendant's disclosure requirements which, include: notice of defenses, witnesses and trial exhibits. The rules minimize surprise at trial.

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  • Permanent resident with charges theft-means of transportation should i follow with the trial just with a public deffender

    trial expected, single mother of two, first offense.

    Jason’s Answer

    It's important that you consult with an attorney that's experienced with criminal law and collateral consequences of criminal convictions. There are good public defenders but many are overworked and you will be best served with a private attorney that can give your case the attention it needs.

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  • I got a in physical control dui while sleepy in my car sown the street from my house after a long night drink the night before

    The reason that the cop came in my development with is a private road was a anonymous tip of suspicious driving of a car matching my discription

    Jason’s Answer

    You can challenge the case as to whether you were in "actual physical control of the vehicle" which can be an element of a DUI violation and applicable in the scenario you describe. You need a good DUI attorney and a motion would need to be filed with the court in advance of trial. The court would apply a "totality of circumstances" test and decide the issue. If successful, you may be able to have your case dismissed. The court would look at things such as: whether you were sleeping in the driver's seat, passenger seat or back seat; if the keys were in the ignition; if the car was in drive or not; if the engine was on or off; where the car was parked, etc. You can also argue that public policy should encourage people to pull over to sleep it off rather than continue driving. You may want to try DUI attorney John Illes in Tucson at 520-327-3442.

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  • What does the legal term "scratched" mean from charges

    receivedaruleingfromaMesaAZcourtstatingchargeshavebeenscratched

    Jason’s Answer

    The term "scratched" used by the Superior Court does not mean your case has been dismissed but rather that the County Attorney's office has not filed a complaint with the court which can be for a variety of reasons. The County's Attorney's office can still file a complaint at a later date. It's important to keep your address current with the court should a complaint be filed and a summons is issued for you to appear. I recommend speaking with a criminal defense attorney about your individual case.

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  • I was convicted over 12 years ago for wreckless endangerment which was actually a DUI but they made me what i thought was a deal

    This deal turned out to be a felony and i would like to know the process if any to have this felony removed from my record since i have been in absolutely no trouble and i have quit drinking as of seven years ago

    Jason’s Answer

    A motion to set aside judgment and an application to restore your civil rights can be filed with the court. Some offenses do not qualify. It is best to speak with an attorney about your individual case. Please feel free to contact me.

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  • DUI conviction in May `04 . Clean record since . Want to get it expunged . The process ?

    Blew less than . 08% . One day in jail , hrs community service . Year probation , as well as TASC program

    Jason’s Answer

    Arizona does not use the term "expungement" but a motion can be filed to "set aside judgment" pursuant to Arizona Revised Statutes section 13-907. There are certain offenses that do not qualify. Some courts have prepared forms that you can complete and file but it's recommended that you speak with an attorney about your individual case.

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  • What is a delinquency petition ? ?

    i got a letter in the mail with my attorneys information and it said she asked for a delinquency petition or something like that . . . what does it mean ? ? mi 17 years old and being charged with 2nd degree burglary and a felony . . but i s...

    Jason’s Answer

    A delinquency petition is a petition that is filed by the prosecuting attorney in cases where a child under 18 years of age commits a delinquent act.

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  • Case involving a c.i what i should know

    a confidential informant did control bi's on me . as well as a few other people I know . so i need to know everything that person ( s ) can do or not do in the case against me . as well as what are somethings that can help get my case thrown ...

    Jason’s Answer

    I would contact a good criminal defense attorney in Mohave County. You can try Shawn Hamp at 928-753-6868. He's worked for the County Attorney's office and will have valuable insight in dealing with your matter.

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  • If you are in a bar fight but did not hit anyone can you still be charged

    my friends got in to a bar fight i threw 1 punch in my drunken state thinking my wife was being assaulted missing completely can i still be charged if my friends continued to fight but i didn't

    Jason’s Answer

    Yes, you can be charged with a criminal offense. The assault and disorderly conduct statutes in Arizona are broad and cover a wide range of conduct. I would recommend consulting with an experienced criminal defense attorney. You can try Edward Lewis in Tucson at 520-366-2048.

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