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Craig Jacob Rosenstein

Craig Rosenstein’s Answers

22 total

  • Interlock requirement?

    I have a three year interlock requirement due to DUI, I sold my vehicle and I'm currently getting around on foot/bike. Hopefully my finances improve in the future where I can have a vehicle but will my 3 year interlock time apply? Or will that sta...

    Craig’s Answer

    In Arizona, failure to put on an interlock will trigger a suspension of your driver's license. In order for you to get it back, you'll have to get an interlock installed in a car. That's how they get you. That is why not having a car wont work. you can walk, bus, and hoof it for 10 years, but they wont start the 3 year interlock clock until you have it but in your car AND reinstate you your driver's license.

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  • Can I extend a PTC date to travel for a funeral?

    I have Pre Trial Conference scheduled for this coming Friday (2 days) and just found out last night my best friend in Nebraska has passed away. I really want to go support his mom and be there for the service. Is it possible to have the PTC date...

    Craig’s Answer

    In Scottsdale, I would go to the Court today on the walk in calendar and ask for a continuance and explain why. The Judges there are much more receptive to people being proactive than having an excuse later.

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  • Admin Per Se Paperwork for AZ DUI arrest.

    I was arrested for a DUI in Arizona. I took a breathalyzer and I tested high, .171 and .163. No blood was drawn. I was not given a citation. When I got home, I noticed in my paperwork I have all 4 copies of the admin per se/implied consent. I have...

    Craig’s Answer

    What seems like a gift, may actually be a curse. Arizona DUI cases are complicated and made all the more complicated by the bizarre way that we handle the MVD interaction. The officer's sloppiness here could end up costing you thousands of dollars in the long run. This sounds self serving in light of my profession, but you definitely need to find an attorney who doesn't simply handle DUI cases, but rather focuses on them. I hope this didn't come off as alarmist, and it is fixable, but it needs to be proactively handled.

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  • If you get fined $1500 for theft, do you have to pay it with money or do you have other options?

    Also have $250 in traffic tickets.

    Craig’s Answer

    If the fine is not restitution (i.e. paying back the victim), then some Judges will allow you to do jail time instead of pay the fine. If you have a really clever attorney, there are other opportunities to resolve misdemeanor cases, if the victim is willing. We have seen cases of a client giving their car to a victim as part of a misdemeanor compromise where the victims car was destroyed and all the victim wanted was the ability to get to and from work. I hope I understood you question correctly and answered it for you.

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  • In AZ, if a search warrant was issued on 8/14/15 but the offense(s) date printed on warrant says occurred on 8/24/15 ,

    is the warrant any good?

    Craig’s Answer

    Case law on this issue is a little mixed up and is really case specific. What the officer knew, when they knew it are just two facts that are really important. I would suggest contacting an attorney to see if there is anything that can be done for your case.

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  • Will a Misdemeanor show up on an employee criminal background check?

    I am trying to figure out if a Misdemeanor in AZ for "Open Container- Passenger of a vechicle" will show up on a background check if no arrest was made....If so, I may want to try to get it expunged. I have an interview today, and I am unsure ...

    Craig’s Answer

    The term arrest means something other than what most people think. Just because handcuffs weren't placed on you, doesn't unfortunately mean that you weren't arrested. As soon as they issued you the ticket with the criminal box checked, you were arrested. The good news is that there are a number of things that can be done to mitigate the long term consequences of small criminal matters like this. You should call an attorney who can explain what your options are and see what works best for you.

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  • Fingerprint order?

    I was arrested a few months ago for DUI and was given a fingerprint order by the Muni Court which I complied with. I was recently arrested again for DUI and I'm anticipating an indictment for aggravated DUI (not been charged just DUI as of yet) as...

    Craig’s Answer

    The short answer is yes, you need to comply with all Court orders, even the ones that seem silly and redundant (welcome to government). I would suggest setting up a meeting with an experienced DUI attorney. There are some things that you really need to know about what is going to happen over the next few weeks and months. The section that you included about your current private attorney is depressing, but is also potentially problematic for you.

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  • DUI phoenix Arizona I blew a 0.13 First court Friday.

    I I plea not guilty and request a public defender can I get a public defender with no financial records (tax or income statements) other than bank account statements?

    Craig’s Answer

    Because the State will be requesting jail time, you will be entitled to an attorney. However, the Court may make you pay a contribution towards that attorney. Some Courts are more lax about the need of an attorney even when the State is requesting jail time. I would be particularly wary about my rights being trampled on in those Courts. If you are looking to retain an attorney for a DUI matter, you should make sure that they are experienced in DUI defense.

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  • ISNT PHYSICAL EVIDENCE NEEDED???

    A FEW YEARS AGO MY BROTHER WAS FOUND GUILTY FOR 10 CHARGES OF ATTEMPTED HOMICIDE AND SENTENCED TO 33 YEARS AFTER TURNING DOWN THEIR 8 YEAR PLEA AGREEMENT AND WITH NOT ONE PIECE OF PHYSICAL EVIDENCE-HE WAS RECENTLY GRANTED AN APPEAL-IS THERE A CHAN...

    Craig’s Answer

    It really depends on the basis of the appeal. Most appeals claim that the Judge made an error and as a result the Defendant is entitled to a new jury trial. There are some that claim that the sentence was illegal, which would trigger a potential sentence reduction. Other appeals argue that the Prosecutors actions were so egregious that justice requires that the conviction be overturned and the Defendant released. So unfortunately answering your question requires us knowing the basis of the appeal.

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  • What kind of Lawyer should i work with for a Class 4 Felony Child Abuse?

    First time in trouble with the law. The victim is my son and he is not hurt or with me.

    Craig’s Answer

    You are looking for a criminal defense attorney, preferably one who has some experience with DCS (it is the new incantation of CPS).

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