Mark A Nermyr's Answers

Photo radar sends a bill for a speeding ticket in the mail. In Az. does the state require that you be handed a supoena in pers

No, you do not have to pay the ticket because you did not commit the offense. Mail is not proper service. If the government wants to file a complaint against a person (in this case a civil traffic complaint) then they have to follow the rules of civil procedure. The rules of civil procedure requires personal service. However, if it is not you in the photo radar ticket: send a photocopy of your D/L with a copy of the ticket back to them and they should drop the case. The government has the...

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Does the law require the photo speeding ticket receiptient to be served a supoena?

I understand your question. The short answer is generally, yes. If the government wants to file a complaint against a person (in this case a civil traffic complaint) then they have to follow the rules of civil procedure. The rules of civil procedure require personal service.

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What if my grandson gets photographed driving my car?

No, do not tell the government who was driving. And you do not have to pay the ticket because you did not commit the offense. Mail is not proper service. If the government wants to file a complaint against a person (in this case a civil traffic complaint) then they have to follow the rules of civil procedure. The rules f civil procedure requires personal service. However, if it is not you in the photo radar ticket: send a photocopy of your D/L with a copy of the ticket back to them and...

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Is it legal in the state of arizona for a officer to breathalize a 16yr old without a parent present? She was also handcuffed.

You only have the right, as a parent, to be present IF your daughter requests your presence. Arizona case law requires that the police read your daughter her "juvenile Miranda Rights". These are different that the Miranda Rights read to an adult. If the officer failed to read the juveline rights, the case can be dismissed. What was the officer's reason for stopping your daughter? There is no requirement that a female officer be present unless they are going to search your daughter. Your...

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HELP! i am in a state of confusion with no hope in sight! i plead guilty (alfred) to a drug crime i did not commit now im stuck

What is your question? Did you plead guilty? If you did not possess the meth, you are not guilty. Did the police drug test you? was there any paraphernalia in the car?

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Can you leave state with unsupervised probation. I am not from this state.

It depends on if you are being placed on probation by a city or the superior court. If it a city matter then you will be free to move back to SC. if on the other hand it is a case out of superior court then the answer is no. Currently there is no mechanism for unsupervised probation to be transferred to another state. If however you were to be placed on supervised probation you could apply for interstate compact. Interstate compact is an agreement between the probation departments in all...

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Can police search a vehicle if a traffic stop was not made pertaining to the vehicle?

The initial encounter and record check sounds rather routine. However, taking it to the next level by asking to search the vehicle is a cop with too much time on his hands. They can always ask to search and you can always refuse. If you refuse it will only heighten the cop's interest. The cop DID NOT have a legal basis to search the car without consent or a warrant. Simply having a criminal record does not give a cop reasonable suspicion or probable cause that anything illegal is ongoing....

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Can police search property prior to obtaining search warrant, based on claim it was conducting/processing a crime scene/investi?

Short answer is yes, this is pretty typical. But that does not mean it was legal. Often time’s typical police tactics are unconstitutional. If the police have a justified basis for entering the home without a search warrant anything they see in plain sight is legally obtained. Plain sight has been expanded to include plain smell. So if the police were in the house for an emergency and smell marijuana they can obtain a search warrant. They cannot however go into rooms that did not...

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Should I still be on supervised probation for a class 6 undesignated theft charge?

Not normally. Your PO is right; usually they will switch you over to a regular PO. Once you have completed the domestic violence probation you should be transferred. You will not have a surveillance officer once you are put on a normal PO caseload. I would talk to your current PO and see if they will submit you for early termination. Given the financial crisis we are in the governmental agencies have been told to scale everything down. That includes probationers that don't need to be on...

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Will he be reinstated its his first arrest on a probation violation

There is no way to know for certain. While it is his first arrest for a probation violation it is not his first violation. Every time he had a dirty UA he violated probation. My guess is he is looking at a minimum of 60-90 days in county. You are on the right path with gathering mitigation. Good mitigation can make all the difference. I often times retain a mitigation specialist to help present the information.