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Marc J Victor
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Marc Victor’s Answers

33 total

  • 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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  • 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.

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  • 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.

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  • 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.

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  • Is it against my 4th and 14th amendment rights to be teaser and force to open my mouth as a passenger of a car and no crime comm

    i was the passenger of a car. the driver was pulled over for making a wide turn. When one of the officers came to my window i gave him my state id Az. i wouldn't say anything just answered with a head shake to yes or no. I was actually doing what...

    Marc’s Answer

    I suspect this may be a bad search. My position would be that the officer needed a warrant to order you to open your mouth. However, if nothing was found then there is nothing to suppress.

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  • Is it a good idea to hire a Criminal defense lawyer who is also a cop/sheriff?

    I paid $5000 for a lawyer who is also a police officer in another county. She said that just the officers opening statement alone is breaking protocol as well as an enormous amount of other evidence showing he purgered himself in the report. Mont...

    Marc’s Answer

    I believe there is a certain mentality for criminal defense attorneys to possess in order to be most effective. This is not to say a person can't be a good criminal defense attorney if that person was former law enforcement, but I'd be skeptical. Good criminal defense attorneys are generally skeptical of government and enjoy ensuring the government did everything correctly. Regarding the fee, all fees are required to be reasonable. You may want to ask for an accounting.

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  • First time shoplifting options- Walmart

    I am 18 and was caught by undercover Walmart security for taking $50 worth of make-up. They took me into their designated room and I cooperated fully. Since I didn't have my ID on me the police were called and I was given a court date/had pictures...

    Marc’s Answer

    I agree with much of what has been said here. However, there is also another concept called a misdemeanor compromise that does NOT require the prosecutor to agree. It does however require Walmart to agree. Your attorney ought to contact their corporate legal department and see if they will agree to resolve the case that way. If so, there will be no conviction on your record. This may be the best way to go.

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  • Can I travel out of the country with a warrant out for arrest

    I am looking to either take a cruise or drive to Mexico with my family for vacation, but I have a warrant out for my arrest in the state of Illinois. The don't extradite and its not a serious crime. But I want to know when I return back into the c...

    Marc’s Answer

    You would be well served to resolve the warrant immediately. You never know if they will actually extradite. Even if they don't, you could remain in custody while the arresting agency determines if you are extraditable. It can cause lots of aggravation. Hire an attorney in Illinois to file a motion to quash the warrant.

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