Skip to main content
Marc J Victor
Avvo
Pro

Marc Victor’s Answers

37 total

  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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?

    See question 
  • If my codefendant plead guilty to his charges and the stuff left in his trailer I rented on his property can mycharges get drop

    Same case but they charged him with sales and I'm charged with possession of drug paraphernalia 7 there a chance my charge will be dropped since he took responsibility

    Marc’s Answer

    I agree with what the other lawyers have said. However, you may also want to talk to the codefendant and see what he is going to testify to if called in your case. This may assist your attorney to get your case dropped.

    See question 
  • Can an undesired felony 6 with outstanding fines be dropped or exponged

    2004 and 2009 weed possession class 6 felony undesignated I still owe fines in collections and completed probation can they get exponged like a regular felony after 7 yrs?

    Marc’s Answer

    I agree with what the other lawyers have said. However, I would add that you shouldn't forget to get them designated misdemeanors someday after you have completed all requirements. They still count as felonies at the moment. This will be very important if you are charged with another felony offense. Get it paid off.

    See question 
  • I have 2 drug related felonies and 1 theft in Arizona from 2006. Did 10 months in prison in 2006. All class 6 felonies.

    I have not been in any trouble since November 2006. I want to have my crimes set aside and my right to bare arms restored. I realize there is no expungement in AZ. Would this be possible and what kind of fees would I be looking at if so?

    Marc’s Answer

    I have represented many people in restoring their right to possess a firearm after an Arizona felony conviction. Keep in mind, setting aside your convictions and restoring your gun rights are separate issues. Setting aside doesn't actually get you much. You can't truthfully say you have never been convicted even after a set aside. Regarding the right to possess a firearm, your best chance of restoring this right will be with a petition laying out how you have complied with the law since your conviction. You may also want to check to see if your class 6 felonies were "undesignated" or "designated." If they were undesignated, you may be able to turn them into misdemeanors. If that happens, your right to possess a firearm is automatically restored.

    See question