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Michael Kielsky’s Answers

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  • Would this be heresay?

    My spouse was accused of burglary. He met an aquaintance at a home. The friend told him to meet him out back. Spouse unaware this home wasnt aquaintance residence. Home owner comes home chases both out with a gun. A flashlight was found in front ...

    Michael’s Answer

    Here is additional information and some detail as to how and why it is important to invoke the right to remain silent, and not to discuss anything with anybody who is not your attorney. That includes posting on here.

    Should you find yourself being interrogated, interviewed, or otherwise questioned by any government agent, you should decline to provide any answers, invoke your rights, and secure counsel immediately. You might consider saying only:

    I want my attorney. I invoke my right to remain silent. I do not consent to a search of any kind, not of me, my effects, premises, immediate location, or vehicle. I hereby invoke all rights, including but not limited to those in the 4th, 5th, 6th, 9th & 14th Amendments to the US Constitution and the Declaration of Rights in our State Constitution. I want my attorney present before and during any questioning and before discussing any waivers.

    If you can remember nothing else, remember these 4 words: "Talk to my lawyer." Say only that, and nothing more.

    To understand more about why it can ONLY hurt you to speak to any government agent investigating a possible crime, see http://krazlaw.com/interrogation

    So, if you are being questioned, asked to sign things, don't answer anything or sign any admissions, get an attorney, and, above all else remember, you have a right to remain silent. Use it!

    In Liberty,

    -- Michael Kielsky
    Counselor & Attorney at Law
    Kielsky Rike PLLC
    Tempe, AZ 85282
    #lawballs

    Legal Notice & Disclaimer: http://KRazLaw.com/disclaimer

    See question 
  • Can I get a fingerprint clearance card with felony conviction from out of state over 10 years ago? Non-person, Non-drug felony.

    I was arrested and found guilty of two felony charges while addicted to drugs. I went to treatment served my time. The charges were in another state, and over 10 years old. Can I still obtain a fingerprint clearance card?

    Michael’s Answer

    • Selected as best answer

    There are two types of fingerprint clearance cards:

    On July 1, 2009, DPS began issuing two types of fingerprint clearance cards. This change was mandated by a change in state law. The cards are called the Level One card and the Regular card. Section 411758.07 was enacted which placed a higher eligibility standard to receive a Level One card than what is needed for a regular card. Both cards are valid for six years and fees have not changed. The following programs require a Level One fingerprint clearance card:

    DES CERTIFIED CHILD CARE PROVIDER & NCRP (ARS 41-1964 & 46-141)
    DES CCR&R REGISTERED HOME (ARS 41-1967.01)
    DES DAAS (46-141)
    DES CHILD WELFARE/ADOPTION AGENCY EMPLOYEE ( 46-141)
    DES DDD/HCBS (ARS 36-594.01)
    DES DDD/DEVELOPMENTAL HOME LICENSURE (36-594.02)
    DES CPS EMPLOYEE (ARS 8-802)
    DES NON CPS EMPLOYEE (41-1968)
    DES IT POSITION (41-1969)
    DES ADOPTION (8-105)
    DES FOSTER HOME LICENSURE (8-509)
    DHS CHILD CARE GROUP HOME; CERTIFICATION, EMPLOYEES OR VOLUNTEERS (ARS 36-897.01 & 36-897.03)
    DHS CHILD CARE EMPLOYEES AND VOLUNTEERS (ARS 36-883.02)
    DHS CHILD CARE FACILITY LICENSURE (ARS 36-882)
    DHS ARIZONA STATE HOSPITAL EMPLOYEE OR VOLUNTEER (ARS 36-207)
    ARIZONA BOARD OF FINGERPRINTING MEMBERS & STAFF (ARS 41-619.52)
    ARIZONA GAME AND FISH (ARS 17-215)

    If you are not applying for one of the above list of programs, the Regular card would suffice.

    Precluding offenses for the Level One fingerprint clearance card can be found in A.R.S. 41-1758.07 (B) and (C):

    http://www.azleg.gov/ars/41/01758-07.htm

    Precluding offenses for the Regular clearance card can be found in A.R.S. 41-1758.03:

    http://www.azleg.gov/ars/41/01758-03.htm

    Since you did not list the felony offense name or type, you'll have to research that on your own. There is also a second list of offenses for which one can obtain a good cause exception:

    "C. A person who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit one or more of the following offenses in this state or the same or similar offenses in another state or jurisdiction is precluded from receiving a fingerprint clearance card, except that the person may petition the board of fingerprinting for a good cause exception pursuant to section 41-619.55"

    Your offenses may be listed there, and so you may have to petition the board for a good cause exception, depending on what is in fact on your criminal history record.

    In Liberty,

    -- Michael Kielsky
    Counselor & Attorney at Law
    Kielsky Rike PLLC
    Tempe, AZ 85282
    #lawballs

    Legal Notice & Disclaimer: http://KRazLaw.com/disclaimer

    See question 
  • Can I get me AZ FIngerprint Clearance Card?

    I have an interview for a teaching position, but need to pass a background check for an AZ Fingerprint Clearance Card. On my record, I have three disorderly conducts, one of which was originally a domestic violence charge which was amended. I also...

    Michael’s Answer

    There are two types of fingerprint clearance cards:

    On July 1, 2009, DPS began issuing two types of fingerprint clearance cards. This change was mandated by a change in state law. The cards are called the Level One card and the Regular card. Section 411758.07 was enacted which placed a higher eligibility standard to receive a Level One card than what is needed for a regular card. Both cards are valid for six years and fees have not changed. The following programs require a Level One fingerprint clearance card:

    DES CERTIFIED CHILD CARE PROVIDER & NCRP (ARS 41-1964 & 46-141)
    DES CCR&R REGISTERED HOME (ARS 41-1967.01)
    DES DAAS (46-141)
    DES CHILD WELFARE/ADOPTION AGENCY EMPLOYEE ( 46-141)
    DES DDD/HCBS (ARS 36-594.01)
    DES DDD/DEVELOPMENTAL HOME LICENSURE (36-594.02)
    DES CPS EMPLOYEE (ARS 8-802)
    DES NON CPS EMPLOYEE (41-1968)
    DES IT POSITION (41-1969)
    DES ADOPTION (8-105)
    DES FOSTER HOME LICENSURE (8-509)
    DHS CHILD CARE GROUP HOME; CERTIFICATION, EMPLOYEES OR VOLUNTEERS (ARS 36-897.01 & 36-897.03)
    DHS CHILD CARE EMPLOYEES AND VOLUNTEERS (ARS 36-883.02)
    DHS CHILD CARE FACILITY LICENSURE (ARS 36-882)
    DHS ARIZONA STATE HOSPITAL EMPLOYEE OR VOLUNTEER (ARS 36-207)
    ARIZONA BOARD OF FINGERPRINTING MEMBERS & STAFF (ARS 41-619.52)
    ARIZONA GAME AND FISH (ARS 17-215)

    If you are not applying for one of the above list of programs, the Regular card would suffice.

    Precluding offenses for the Level One fingerprint clearance card can be found in A.R.S. 41-1758.07 (B) and (C):

    http://www.azleg.gov/ars/41/01758-07.htm

    Precluding offenses for the Regular clearance card can be found in A.R.S. 41-1758.03:

    http://www.azleg.gov/ars/41/01758-03.htm

    "C. A person who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit one or more of the following offenses in this state or the same or similar offenses in another state or jurisdiction is precluded from receiving a fingerprint clearance card, except that the person may petition the board of fingerprinting for a good cause exception pursuant to section 41-619.55:

    [ ... ]

    36. Possession, use or sale of marijuana, dangerous drugs or narcotic drugs.

    [ ... ]

    49. Offenses involving domestic violence.

    [ ... ]"

    It would appear that you may have to petition the board for a good cause exception, depending on what is in fact on your criminal history record.

    In Liberty,

    -- Michael Kielsky
    Counselor & Attorney at Law
    Kielsky Rike PLLC
    Tempe, AZ 85282
    #lawballs

    Legal Notice & Disclaimer: http://KRazLaw.com/disclaimer

    See question 
  • If my friends public defender told him that he doesn't have a case disposition for him does that mean that there is no case.

    He's set to go to court at the end of June and asked to see the case disposition on one of his charges and his public defender said he doesn't have one. He's been in jail over a year waiting for court.

    Michael’s Answer

    When charged with a serious crime, but without resources to hire a private attorney, an attorney paid for by the state will be appointed.

    If a defendant is not satisfied with their public defender, they have some options:

    1. Hire a private attorney

    2. Explain to the judge why the public defender is not living up to their duties, and request a new public defender

    3. Add a private attorney to their public defender ("Knapp counsel").

    Knapp counsel, where a defendant who is eligible for a public defender can add a private attorney (paid for by family, for example), without losing the public defender, and at a fee a lot lower than hiring a private attorney outright.

    I am often asked to step in when a public defender has already been appointed to a defendant in a criminal defense case. Although I typically advise prospective clients that a public defender can provide competent, often excellent, criminal defense services, a defendant can benefit from the assistance of a private attorney. A private attorney usually has more time to devote to a case than a public defender who may be overwhelmed with a high volume of cases. A private attorney may also have more experience as an attorney, or more experience with a particular type of case than a public defender, although the public defender will typically have handled many, many more cases, all things being equal.

    When a private attorney is hired by a defendant or the defendant’s family to work in conjunction with a public defender who is already assigned to the case, that private attorney is referred to as “Knapp counsel.” The term Knapp counsel comes from the Arizona case State v. Knapp, 114 Ariz. 531 (1977). Hiring Knapp counsel is ideal for a defendant with limited resources, but where the defendant or the defendant’s family desires to provide for a more comprehensive defense at a significantly lower cost than if only private counsel was retained.

    A “Knapp counsel”, may rely on the resources of the state in defending a case, including (where appropriate) paying for investigators, expert witnesses, DNA testing, blood or fingerprint analysis, or other experts needed to defend against the criminal charges. In most cases, Knapp counsel will work with the assigned public defender as a team, and help assure the best, aggressive defense.

    In Liberty,

    -- Michael Kielsky
    Counselor & Attorney at Law
    Kielsky Rike PLLC
    Tempe, AZ 85282
    #lawballs

    Legal Notice & Disclaimer: http://KRazLaw.com/disclaimer

    See question 
  • Defenses for criminal charges on child abuse need lawyer start my case will pay down payment when i get my federal tax money i

    ex boyfriend was beating abusing my daughter told police my daughter stepped on his daughters head police trying 2 charge my daughter on child abuse all bullshit can someone please help us please

    Michael’s Answer

    When charged with a serious crime, but without resources to hire a private attorney, an attorney paid for by the state will be appointed.

    If a defendant is not satisfied with their public defender, they have some options:

    1. Hire a private attorney

    2. Explain to the judge why the public defender is not living up to their duties, and request a new public defender

    3. Add a private attorney to their public defender ("Knapp counsel").

    Knapp counsel, where a defendant who is eligible for a public defender can add a private attorney (paid for by family, for example), without losing the public defender, and at a fee a lot lower than hiring a private attorney outright.

    I am often asked to step in when a public defender has already been appointed to a defendant in a criminal defense case. Although I typically advise prospective clients that a public defender can provide competent, often excellent, criminal defense services, a defendant can benefit from the assistance of a private attorney. A private attorney usually has more time to devote to a case than a public defender who may be overwhelmed with a high volume of cases. A private attorney may also have more experience as an attorney, or more experience with a particular type of case than a public defender, although the public defender will typically have handled many, many more cases, all things being equal.

    When a private attorney is hired by a defendant or the defendant’s family to work in conjunction with a public defender who is already assigned to the case, that private attorney is referred to as “Knapp counsel.” The term Knapp counsel comes from the Arizona case State v. Knapp, 114 Ariz. 531 (1977). Hiring Knapp counsel is ideal for a defendant with limited resources, but where the defendant or the defendant’s family desires to provide for a more comprehensive defense at a significantly lower cost than if only private counsel was retained.

    A “Knapp counsel”, may rely on the resources of the state in defending a case, including (where appropriate) paying for investigators, expert witnesses, DNA testing, blood or fingerprint analysis, or other experts needed to defend against the criminal charges. In most cases, Knapp counsel will work with the assigned public defender as a team, and help assure the best, aggressive defense.

    In Liberty,

    -- Michael Kielsky
    Counselor & Attorney at Law
    Kielsky Rike PLLC
    Tempe, AZ 85282
    #lawballs

    Legal Notice & Disclaimer: http://KRazLaw.com/disclaimer

    See question 
  • I have been named in a Police report for vandalism. Must they contact me before issuing an arrest warrant? What is the process.

    I have not been contacted yet but i am wondering if they need my side of the story before they can continue. I am being accused of throwing a rock through someones window. I only know this because she had text me the next morning and told me she i...

    Michael’s Answer

    "Your side of the story" == additional evidence to convict you.

    Here is additional information and some detail as to how and why it is important to invoke the right to remain silent, and not to discuss anything with anybody who is not your attorney.

    Should you find yourself being interrogated, interviewed, or otherwise questioned by any government agent, you should decline to provide any answers, invoke your rights, and secure counsel immediately. You might consider saying only:

    I want my attorney. I invoke my right to remain silent. I do not consent to a search of any kind, not of me, my effects, premises, immediate location, or vehicle. I hereby invoke all rights, including but not limited to those in the 4th, 5th, 6th, 9th & 14th Amendments to the US Constitution and the Declaration of Rights in our State Constitution. I want my attorney present before and during any questioning and before discussing any waivers.

    If you can remember nothing else, remember these 4 words: "Talk to my lawyer." Say only that, and nothing more.

    To understand more about why it can ONLY hurt you to speak to any government agent investigating a possible crime, see http://krazlaw.com/interrogation

    So, if you are being questioned, asked to sign things, don't answer anything or sign any admissions, get an attorney, and, above all else remember, you have a right to remain silent. Use it!

    In Liberty,

    -- Michael Kielsky
    Counselor & Attorney at Law
    Kielsky Rike PLLC
    Tempe, AZ 85282
    #lawballs

    Legal Notice & Disclaimer: http://KRazLaw.com/disclaimer

    See question 
  • I am 18 years old, and I hurt someone which is 17 which is considered a minor, but he threatened 2 Stab me which got me startled

    ????

    Michael’s Answer

    Here is additional information and some detail as to how and why it is important to invoke the right to remain silent, and not to discuss anything with anybody who is not your attorney.

    Should you find yourself being interrogated, interviewed, or otherwise questioned by any government agent, you should decline to provide any answers, invoke your rights, and secure counsel immediately. You might consider saying only:

    I want my attorney. I invoke my right to remain silent. I do not consent to a search of any kind, not of me, my effects, premises, immediate location, or vehicle. I hereby invoke all rights, including but not limited to those in the 4th, 5th, 6th, 9th & 14th Amendments to the US Constitution and the Declaration of Rights in our State Constitution. I want my attorney present before and during any questioning and before discussing any waivers.

    If you can remember nothing else, remember these 4 words: "Talk to my lawyer." Say only that, and nothing more.

    To understand more about why it can ONLY hurt you to speak to any government agent investigating a possible crime, see http://krazlaw.com/interrogation

    So, if you are being questioned, asked to sign things, don't answer anything or sign any admissions, get an attorney, and, above all else remember, you have a right to remain silent. Use it!

    In Liberty,

    -- Michael Kielsky
    Counselor & Attorney at Law
    Kielsky Rike PLLC
    Tempe, AZ 85282
    #lawballs

    Legal Notice & Disclaimer: http://KRazLaw.com/disclaimer

    See question 
  • If a cop stops you and tells you he stopped for going 35 in a 25 dont I have the right to see the radar that states I was speed

    Cop pulls me over said I was going 35 in 25 this is after I passed him driving down the street at 300 am with his lightsoff isisnt driving down the street at night with your lights off illegally any way but dont I have the right to see rhe radar

    Michael’s Answer

    No Arizona law, rule, or procedure requires the officer to show you the speed measurement device readout. As a civil traffic case, there is no right to discovery, and the rules of evidence do not apply in court, hearsay is admissible, and relevance is the only standard that applies to offered evidence.

    As a practical matter, it is sometimes possible to use Arizona's public records laws to obtain information that you could use at the hearing, but that would cover things like police reports, maintenance records, training logs, radio call recordings, manuals, computer aided dispatch logs, memos, and the like.

    In Liberty,

    -- Michael Kielsky
    Counselor & Attorney at Law
    Kielsky Rike PLLC
    Tempe, AZ 85282
    #lawballs

    Legal Notice & Disclaimer: http://KRazLaw.com/disclaimer

    See question 
  • Do I need to answer that I was convicted of a felony on graduate school application if it was dropped to misdemeanor after prob?

    ARIZONA: Class 6 felony soliciting sale of marijuana reduced to misdemeanor following successful completion of probation. Graduate school application asking if I have ever been convicted of a felony; no idea how to answer it. Concerned if I simply...

    Michael’s Answer

    For all practical purposes, it is safe to answer, "No".

    If you would like to be extra cautious, you might consider explaining that "No" with "convicted of a misdemeanor that could have been designated as a felony but for successful completion of court programs", or something to that effect.

    In Liberty,

    -- Michael Kielsky
    Counselor & Attorney at Law
    Kielsky Rike PLLC
    Tempe, AZ 85282
    #lawballs

    Legal Notice & Disclaimer: http://KRazLaw.com/disclaimer

    See question 
  • If a cop enters my home unlawfully and charges me, can another court use the same evidence with different charges?

    I won my case of possossion of a DL and canceled ID. Now the superior court is charging me with the date of the application ID. Can they make the date of the charge before my not guilty verdict for the original arrest of seizing it? I feel they ar...

    Michael’s Answer

    It is difficult to answer your question with any precision, as it is not clear what "date of the charge" and "charge date" mean. In general, it is a violation of double jeopardy to put a defendant on trial for the same crime twice. That usually extends to "lesser included" charges of the crimes alleged in the first trial, but it does not cover other crimes based on the same facts.

    You really need an experienced attorney to look at this case in detail. Also, be careful what you put online. This may be another good example if why everyone must remember: You have a right to remain silent. Use it!

    Here is additional information and some detail as to how and why it is important to invoke the right to remain silent, and not to discuss anything with anybody who is not your attorney.

    Should you find yourself being interrogated, interviewed, or otherwise questioned by any government agent, you should decline to provide any answers, invoke your rights, and secure counsel immediately. You might consider saying only:

    I want my attorney. I invoke my right to remain silent. I do not consent to a search of any kind, not of me, my effects, premises, immediate location, or vehicle. I hereby invoke all rights, including but not limited to those in the 4th, 5th, 6th, 9th & 14th Amendments to the US Constitution and the Declaration of Rights in our State Constitution. I want my attorney present before and during any questioning and before discussing any waivers.

    If you can remember nothing else, remember these 4 words: "Talk to my lawyer." Say only that, and nothing more.

    To understand more about why it can ONLY hurt you to speak to any government agent investigating a possible crime, see http://krazlaw.com/interrogation

    So, if you are being questioned, asked to sign things, don't answer anything or sign any admissions, get an attorney, and, above all else remember, you have a right to remain silent. Use it!

    In Liberty,

    -- Michael Kielsky
    Counselor & Attorney at Law
    Kielsky Rike PLLC
    Tempe, AZ 85282
    #lawballs

    Legal Notice & Disclaimer: http://KRazLaw.com/disclaimer

    See question