Michael Kielsky’s Answers

Michael Kielsky

Tempe Criminal Defense Attorney.

Contributor Level 12
  1. How do I fight my ticket, already adjudicated in El Mirage, when I was never properly served?

    Answered 9 months ago.

    1. Michael Kielsky
    2. Ryan W Cummings
    2 lawyer answers

    In Arizona, until you are properly served, the court cannot legally do anything. Personal service is effective if the defendant is personally served (that means, the process server says words to the effect that the documents are important legal documents, and they are offered to the defendant, and then left for the defendant). Personal service (on a substitute) is also effective, if it is at the defendant's residence, and the individual who is served is a co-resident, of suitable age and...

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  2. What are the risks associated with ignoring a radar van speeding ticket? I have a unique situation that I feel is pertinent.

    Answered 2 months ago.

    1. Michael Kielsky
    2. Ryan Sweet
    3. Carl Arthur Salzmann
    3 lawyer answers

    SINCE THIS IS A PHOTO ENFORCEMENT TICKET ISSUED IN ARIZONA, ABSOLUTELY IGNORE WHAT THE PREVIOUS ATTORNEYS' ANSWERS -- THEY DON'T EVEN PRETEND TO UNDERSTAND ARIZONA PHOTO ENFORCEMENT LAWS. There will be two types of notices you could have received. The first is a notice of violation, which is basically a mailed ticket, and it would name you as the driver. The second is a notice that states that a violation is alleged, but they are uncertain of the identity of the driver, and a request to...

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  3. I got a speeding ticket in Gilbert, AZ. I was doing 53 in a 25limit zone according to the cop.

    Answered 11 months ago.

    1. Michael Kielsky
    2. Laura A McDermott
    3. Cary L Lackey
    4. Anthony Michael Solis
    4 lawyer answers

    The wrong date on the ticket is not going to make much of a difference to how the case is processed in court, and it will not give you an easy "out". It is a criminal ticket, and if you don't appear on the corrected date, a warrant will issue for your arrest and your license will be suspended. If you go on the earlier date, the court staff will probably note that you were there, and if a copy of the ticket has already been filed, they will probably just tell you to return on that date, and...

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  4. Many times a lawyer will tell you that you don't need to go to court for a speeding ticket, how is this done?

    Answered over 1 year ago.

    1. Michael Kielsky
    2. Kevin M Black
    2 lawyer answers

    Arizona Rules of Civil Traffic Procedure, Rule 2(j), specifically says that: "(j) Unless the context otherwise requires, the requirements of these rules may be performed by an attorney who has filed a proper notice of appearance." In other words, in Arizona in all courts, an attorney can appear without their client in a civil traffic case -- and I regularly do. -- Michael Kielsky Counselor & Attorney at Law Kielsky Rike PLLC Tel.: +1.480.626.5415 FAX: +1.480.626.5543 4635 S....

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  5. Is it too late to get an attorney?

    Answered 11 months ago.

    1. Michael Thomas Poulton
    2. Michael Kielsky
    3. Thomas G. Briody
    4. Anthony Michael Solis
    5. Sean A Nicholson
    5 lawyer answers

    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...

    4 lawyers agreed with this answer

  6. Photo radar speeding ticket, Prescott Valley AZ

    Answered about 3 years ago.

    1. Michael Kielsky
    2. John M. Kaman
    2 lawyer answers

    As a rule of thumb, I typically tell my non-Arizona clients that they can ignore the mailed ticket -- the court does not have jurisdiction to enter a judgment until the ticket has been served. For out-of-state defendants, that does not happen much (though it can). If one is served, that adds about $35 or so to the total fine, if there is a finding of responsible. Keep in mind that each court and prosecutor's office do things a bit differently, and that mistakes may happen, so check up on...

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  7. I'm on standard supervised probation. This weekend, I had contact with a police officer. Should I report this to my PO?

    Answered 3 months ago.

    1. Michael Kielsky
    2. Scott Allan Maasen
    2 lawyer answers

    It depends on the specifics of the terms of your probation and the specifics of the contact, the agency with which you had contact, and much more. While many probationers are required by their terms of probation to report any law enforcement contact, not all specify that, and some may be more detailed as to what type of law enforcement contact qualifies and requires reporting. You should contact your attorney (the one who represented you in this case) as a start, and discuss this. If...

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  8. Coercion by Police...

    Answered 4 months ago.

    1. Michael Kielsky
    2. Nicholas Ryan Darus
    3. Stephen Ross Cohen
    3 lawyer answers

    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...

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  9. I got a 'notice of violation' letter from Mesa. Do I need to respond saying I was the driver? Can I throw it away?

    Answered 6 months ago.

    1. Michael Kielsky
    2. Ryan W Cummings
    3. Jefferson M Simmons
    3 lawyer answers

    In Arizona, until you are properly served, the court cannot legally do anything. Personal service is effective if the defendant is personally served (that means, the process server says words to the effect that the documents are important legal documents, and they are offered to the defendant, and then left for the defendant). Personal service (on a substitute) is also effective, if it is at the defendant's residence, and the individual who is served is a co-resident, of suitable age and...

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  10. Got Criminal Traffic Ticket on 12.24.2012 on Hwy I10. Need help to reduce the penalties to the lowest! Looking for an attorney.

    Answered over 1 year ago.

    1. Michael Kielsky
    2. Shiloh Keith Hoggard
    3. Craig S Orent
    3 lawyer answers

    Here are the realistic options/possibilities: 1. Conviction of this Class 3 misdemeanor, fine of $300-500 2. Conviction of a civil speeding ticket, fine of $300-500 3. Dismissal of the case upon your successful completion of a Defensive Driving program (online) Unless you have a long and serious criminal history, or many, many traffic tickets, you will not get jail. #1 is the worst-case scenario, and you can improve upon that. An attorney should be able to help improve upon that -- I...

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