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Marc J Victor
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Marc Victor’s Answers

40 total

  • I got arrested for a DUI in AZ and I'm not from the state. What are my options?

    I blew a 0.089 and got arrested for a DUI in AZ. I'm not from AZ so I don't know what to do. I was driving and following GPS directions which told me to turn right. I was in the center lane and needed to change lanes and just before i changed la...

    Marc’s Answer

    No need to stress. There are many attorneys here in Arizona who can handle this type of case. DUI is a very common charge. Additionally, if the case resolves by plea, you may not be required to physically come back to Arizona at all. The first step is to secure the police report and blood test results. Next will be interviews and obtaining the right experts to fight the case. Based on what you said, you may have a case that can be won. There is mandatory jail time if you are convicted of DUI, but other non-jail resolutions are possible too. DUI involves license suspensions and mandatory fines as well. You really need to chat with an attorney and have a comprehensive 1 hour consultation.

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  • What exactly does a lawyer do after getting a client?

    Lets say someone comes in as was arrested for drug possession. What steps do you go through to get this persons sentence lowered or dismissed? I am very curious of the "behind the scenes". I know there are a TON of variables, but lets just assume ...

    Marc’s Answer

    The first thing to do is to make sure we understand the facts and the goals of the client. Sometimes facts are in dispute. Frequently, an independent investigation needs to be done along with interviews. Sometimes experts are consulted. We then look for legal reasons to exclude damaging evidence. Negotiating with the assigned prosecutor occurs either before or motions are filed. We often go up the chain of command seeking a better plea offer.

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  • If you are pulled over and have a gun in your car in arizona, but are a felon ( i know this is illegal)..

    How will the officer know you are a felon and breaking the law? Can they see that just by running your card? If you weren't breaking any other laws could you potentially get away with carrying a firearm as long as you are being responsible with it...

    Marc’s Answer

    Arizona has a recent law change that allows the officer to ask if you have a concealed firearm. If you fail to answer correctly, you can be prosecuted for a crime. See, A.R.S. 13-3102(A)(1)(b). However, if the person is in possession of a firearm and is also a prohibited possessor, such person actually has a constitutional right to refuse to answer the question. Under Arizona law, such refusal would be criminal. I see this situation as a conflict with the Constitution that may cause this Arizona law to be ruled unconstitutional. The best advice is to try to restore your right to possess a firearm or not to possess the firearm.

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  • Will the parole officer violate me if i dirty ua?

    i got out of prison and i did some spice in prison the night before i got out . i have not done it when i got out and i got out a couple days ago. i dont know if they test for spice but i took a drug test yesterday and im nervous i just want my li...

    Marc’s Answer

    I suggest you start cultivating a good relationship with your supervising officer. Although you certainly can be violated for testing positive, they are not required to violate you. Even if you are violated, you may not be sent back to prison. You need to be smarter going forward.

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  • Even tho I quit my job the other day...can I file for hostile work environment, making me quit my job.

    The new general manager we got at work has no trust of the people who work under her. No open door policy,began every weekly meeting by holding up a resignation paper, saying if you don't like it here fill this out and leave. In the time she got t...

    Marc’s Answer

    It appears you are an "at will" employee. If that is the case, you can quit or be fired for almost any reason at all except one of the prohibited reasons such as discrimination in a protected area. From what you wrote, it seems like you simply had a jerk for a boss. This normally isn't the type of work environment which the law considers to be "hostile" for lawsuit purposes. I suggest you simply find another job.

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  • What can I do to resolve

    What about the second new truck that is currently on day 12 at the Chevy service? They said they dont know how to fix so they have GM engineering involved. We paid 78k for this truck and we want a working truck. It's on its second repair since I...

    Marc’s Answer

    I need more information to answer this question. Was this a new vehicle? Is there a warranty? What exactly is wrong with the vehicle? What exactly have you done to remedy the situation? I would start by talking to the highest level supervisor you can get to. If that fails, you can always file a law suit and ask for damages. However, be aware that you may be liable for attorney's fees if you lose.

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  • What rights do I have to protect myself from a landlord exposing my personal business to my clients and/or co-workers

    arguing and cursing at me in front of my clients also telling my co-workers she can't work in my space I'm renting

    Marc’s Answer

    I need more information to properly answer this question. However, if the landlord is disturbing the peace, there may be a crime of disorderly conduct. I suggest you calmly talk to the landlord to discuss the matter and see if you can come to an amicable resolution. You need to know why the landlord is upset. I suspect a communication issue. If the landlord is completely unreasonable, you may want to mention the disorderly conduct statute as well as potential civil action for defamation or interfering with contractual relations.

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  • How early can I get of probation ? Can I dismiss my felony by finishing probation ?

    16 years of probation Child Abuse Felony 6 non dangerous

    Marc’s Answer

    Arizona law allows probation to modified or terminated at any time. However, most judges will not terminate probation unless at least 50% has been successfully completed. With such a long probation term, you may want to try sooner than 50%. If the offense is undesignated, you may get it designated to a misdemeanor upon successful completion of probation.

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  • I may not pass a random alcohol test. This would be my first violation after 1 year of probation. Will I go to jail? Maricopa Co

    My probation officer and I have a good relationship. I have also finished all my treatment and paid off all of my fines.

    Marc’s Answer

    Assuming you are in compliance will all other terms and you have a good relationship with your probation officer, you will not likely be sent to prison. Most judges understand people addicted to drugs or alcohol sometimes relapse. I suggest you own up to your mistake, be remorseful, commit to do better in the future and be totally honest with your probation officer. You will probably be just fine. However, don't make the same mistake again. The result will likely be different the second time around.

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  • Is there any recourse when an attorney fails to perform in the clients best interest?

    My son is a veteran with PTSD and TBI. He was charged with aggravated DUI. We asked the attorney if he was eligible for Veterans Court, but the attorney would not check into this. It turns out that my son was coerced into a plea deal without as...

    Marc’s Answer

    It seems there is a lack of communication here. I suggest you go to the attorney's office and arrange a meeting. You should be asking what the attorney has done and what the attorney is still planning to do. Important questions may include:
    Were any motions filed or researched?
    Were any interviews conducted?
    Did the attorney employ an expert?
    Was the case staffed to the prosecutor's supervisor?
    Was a deviation request sent to the prosecutor?
    Was a settlement conference conducted?

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