Scott C Silva’s Answers

Scott C Silva

Chandler Criminal Defense Attorney.

Contributor Level 9
  1. Facing and animal cruelty charge in AZ. It's my first offense. What kind of options do I have?

    Answered almost 2 years ago.

    1. Scott C Silva
    2. Aaron Michael Black
    3. Sarah Lynn White
    4. Roy C Whitehead
    5. Valarie A McNeice
    5 lawyer answers

    You will not be eligible for a public defender if the State is not seeking jail or probation. Good chance that they are not. If you do not hire an attorney, you may have to speak to the prosecutor yourself. If that happens, you need to explain to them how important it is that you avoid a criminal conviction and how you are trying to become a teacher. Ideally, an attorney would do this for you, but I realize that can be expensive. If they are pushing for a criminal conviction, you should...

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  2. My brother got an extream Dui 2 years ago. He did his time in jail and house arrest but did not do his required classes

    Answered about 2 years ago.

    1. Scott C Silva
    2. David Kephart
    3. Sarah Lynn White
    3 lawyer answers

    A lot may depend on the length of time that has passed from when he failed to do the classes and pay the fines. The more time that has passed, the angrier the judge is going to be. Sounds like he has a warrant. He needs to go to the court that issued the warrant and ask to see a judge. The judge may quash the warrant and set the matter for a hearing. At the hearing, he can attempt to get back into the classes and on a payment plan. However, worse case scenario is that judge will take him...

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  3. Would an attorney help my son with a dui charge?

    Answered almost 2 years ago.

    1. David E Ledyard
    2. Scott C Silva
    3. Daniel Nelson Deasy
    4. Paul E Knost
    4 lawyer answers

    It is the blood that will matter on the DUI and not that breath reading. Also, he is under 21 and that makes his potential license suspension a lot worse. I am glad to hear his breath reading was that low, though. Maybe his blood will be low as well. Call at least 3 attorneys and get fee quotes. Sounds like he is a good kid who just made a mistake. Good luck!

    6 lawyers agreed with this answer

  4. TEXT MESSAGING HARRASSMENT

    Answered about 2 years ago.

    1. Scott C Silva
    2. Michael Aaron Neufeld
    3. Brian G Di Pietro
    4. Barry Franklin Poulson
    4 lawyer answers

    I would not talk to the police until you have spoken to an attorney. Please contact one immediately. Most likely, they will make a decision as to whether or not to charge you regardless of whether or not you give them a statement. Anything you say can and will be used against you later. You cannot talk yourself out of being charged. Please talk to an attorney before you say anything to the police. An attorney can call the police and do the talking for you.

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  5. Will I still be able to travel abroad if I get a first offense DUI in Arizona?

    Answered almost 2 years ago.

    1. Scott C Silva
    2. Craig S Orent
    3. Cary L Lackey
    3 lawyer answers

    There should be no restrictions on your travel if you are not placed on probation as a result of the conviction. However, some countries, like Canada, have laws on their books that will prevent you from entering the country even with a Misdemeanor DUI conviction (assuming they find the conviction when you go through customs). To be extra safe, you should try to get your conviction "set aside" by the court once you have completed all sentencing requirements.

    5 lawyers agreed with this answer

  6. Why do the cops call after they give you a ticket for drug possession and tell you to forget about the ticket if i name names?

    Answered about 2 years ago.

    1. Richard Gaxiola
    2. Scott C Silva
    3. Steven W Zachary
    4. Paul E Knost
    5. Parker Evan Bornmann
    5 lawyer answers

    Being a confidential informant (CI) can be beneficial to some people, depending on the situation and potential charges. Based on what you have said, I am not sure that being a CI and talking to the police will be of any value to you. If you were facing a more serious charge, then being a CI may be the way to go. But being a CI can be a very serious commitment, and can sometimes be dangerous. My advice is to wait and see if they actually charge you with possession and then deal with the...

    5 lawyers agreed with this answer

  7. What is second supplemental notice of defenses?

    Answered almost 2 years ago.

    1. Scott C Silva
    2. Aaron Michael Black
    3. Brian G Di Pietro
    3 lawyer answers

    Sounds like some lawyer is doing a good job of filing defense notices with the court. If a lawyer files that then they are obviously working hard on the case and building a defense. It is normal and within the rules.

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  8. My 20 y/o fiance was on unsupervised probation, she was charged 2 nights ago for minor consumption while I was receving a DUI.

    Answered over 1 year ago.

    1. Adam C Kent
    2. Craig S Orent
    3. Scott C Silva
    4. Steven W Zachary
    5. Jim Mitchell Medley
    5 lawyer answers

    The new charge could be a violation of her probation. However, sometimes these types of violations do not result in a revocation of probation. She should consult with an attorney for the new charge and that attorney can investigate whether or not her probation will be violated/revoked on the other case.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I need to seal my AZ felony conviction (or case record) that has been set aside. Is it possible and how do I do that?

    Answered almost 2 years ago.

    1. David Kephart
    2. Scott C Silva
    3. Paul E Knost
    3 lawyer answers

    You cannot clean your record completely. In the Internet age, nothing is ever really sealed or erased. The Set Aside is as good as you are going to get. Employers will always be able to find your history, unfortunately.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. How do I go about ending my probation early?

    Answered about 2 years ago.

    1. Scott C Silva
    2. Paul E Knost
    3. Richard Gaxiola
    4. David E Ledyard
    4 lawyer answers

    You can always file a motion to early terminate probation. However, I can tell you that most judges will not grant such a motion if fines are still owed. The probation is a good way to make sure you are paying your fines! If you have a PO, talk to them about fine reduction or early termination. If you don't have a PO, you have to go a judge about fine reduction and early termination. You may want an attorney for this, but I find it doubtful that you will get off probation early if you...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful