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Paul E Knost

Paul Knost’s Answers

1,247 total


  • If a witness in a case is also the victim are thy allowed to be present in the court room during other witnesses testimony?

    At my husband's trial I noticed on the courtroom door a paper saying all witnesses could not enter the courtroom until they were called, & they can't be present while other witnesses are testifying. My husband was charged with agg. assault on a po...

    Paul’s Answer

    I agree with both of my colleagues. The rule of exclusion of witnesses, also known as simply "the rule," does note apply to alleged victims of the crime or to the "case agent," who is usually the detective assigned to the case.
    God bless!!!

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  • Do I have a case and if I do what kind of an attorney should I hire?

    My son who was 5 years of age at the time on January 22, 2013 reported an incident of sexual abuse that happened to him. I have gone to the police and have given them my sons statement from his therapist and the medical report from the hospital. ...

    Paul’s Answer

    Suing the police will not be possible under the circumstances you describe. Many people feel this way, and their reaction is that they want to sue the police. But the police do have discretion regarding what cases to submit for formal charges. In your case, it sounds like the police investigated and did not find that the evidence would support filing criminal charges. That does not mean that it didn't happen, or that your child is not suffering. It just means that the police do not believe that the evidence available will support a guilty conviction in a criminal court.
    In these cases, the police will typically have a specialized forensic interviewer conduct a recorded interview with the child. Often, they will oversee a telephone call, referred to as a "confrontation call" where the victim calls the alleged perpetrator and tries to get him to apologize for what he did, all while it is being recorded. That recording is then used against the perpetrator in the criminal case. Did the police do any of those things in this case? Forensic interview with victim? Confrontation call to perpetrator? Did they try to interview the alleged perpetrator to see what he has to say? Most of the time, they will admit to enough for an arrest to be made and charges filed.
    Otherwise, if you want to file a lawsuit, it would have to be against the perpetrator himself. But, you first need to ask whether a civil judgment against him would do you any good. For example, if he has homeowners insurance, intentional torts such as this would be excluded from coverage, so the only way to really prevail would be if he had assets to go after.
    There is much more that can and should be discussed here. You should try getting a meeting with someone from your local County Attorney's office. Perhaps you could speak to someone from their Victims' Advocate department, or a prosecutor from their sex crimes bureau. In the meantime, definitely continue your child in therapy. The good news is that there is no statute of limitations for crimes such as these. Even when your child matures to adulthood, the criminal case can still be filed against the perpetrator, so long as the evidence is there.
    God bless!!!

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  • Misdemeanor conviction for shoplifting in Arizona and have to serve jail time. What would happen to me if I leave the state?

    I have a misdemeanor conviction for shoplifting in Arizona. The punishment was very harsh. 90 days in jail! What could possibly happen to me if I moved out of state and not turned myself in to do the time?

    Paul’s Answer

    If the court ordered for you to turn yourself in on a certain date to complete a jail sentence, then you will have a warrant for your arrest if you do not turn yourself in as ordered by the court. If you flee the jurisdiction and go to another state, it will follow you. Any time you have contact with law enforcement for any reason, the warrant will show up. It may also cause you problems in other areas such as housing and public benefits (if you ever needed them). When you go to get a driver's license or state ID in the new state, it could come up. Also, some warrants are extraditable, which means that if you are picked up on the warrant in another state, you would be extradited back to Arizona. In a nutshell, your troubles get much, much bigger and longer lasting if you go on the run.

    You may be aware of the "work furlough" and "work release" and "2-For-1" programs in the jail, which can alleviate the pain of serving the sentence.

    No one wants to go to jail, but you will be much better off if you do not run from this.

    God bless!

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  • Felons living in same house

    Can two felons one for DUI and second for theft non violent for both. Will it be permissible for them to live in same house in Arizona

    Paul’s Answer

    If both of them have completed their sentences, are no longer under some form of probation or community supervision, and there is no court order that is still in effect for either one of them to have no contact with other convicted felons, then there would not be any legal impediment to them residing together. If they are unsure, they should certainly each consult their lawyers, who would know the specific facts and circumstances of their individual cases.
    God bless!

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  • What will likely happen to my son?

    My son is on three years probation after 3 years in prison and will not have completed his community service when 3 years is up. He has been employed full time from within a month of release at the same employer and has been promoted to ass...

    Paul’s Answer

    Based on your question, it sounds like the community service requirement is the ONLY thing he is struggling to comply with. If that is the case, then I do agree with Mr. Nurmi that he probably does not have to worry about jail or prison time because of it. There are many options for completing community service hours. Even though he works long hours, he can find something that will suit his schedule. It sounds like he has been very motivated to do well in all of the other areas, this should be no exception. My personal favorite recommendation for community service is to volunteer at St. Vincent DePaul, where they feed, bathe, and clothe the poor.
    God bless!

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  • Judge & former lawyer proceed with sentencing, when the defendant has a new lawyer but the defendant didn't know it at the time

    My fiance's lawyer withdrew from his case 2 days before his sentencing, he got a new lawyer the night before his sentencing(which my fiance was not aware of) the new lawyer asked the judge for a continuance the night before, knowing she couldn't ...

    Paul’s Answer

    I agree that it sounds like you have done everything you can at this point. You have new counsel and you have more time. Let the new lawyer do her/his work and see what can be done.
    God bless!

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  • My sister and I are being stalked by two females policewomen that have since lost their jobs pertaining to this.

    They have bought a house opposite to us and are trying to take our men away from us and driving us to suicide. They have taken my sisters man as he has complied and are now trying to get mine on board and this is making us suicidal which was thei...

    Paul’s Answer

    The best thing to do at this time is get an Injunction Against Harassment from the local municipal or justice court. You should also try to ignore their foolish and childish behavior as much as possible. Take the high road at all times and never let them bate you into bad behavior. You do not want to stoop to their level. You might also consider investing in surveillance equipment on your property so that you can record any acts of harassment or aggression that they do to you on or near your property. Pointing a camera at a misbehaving scoundrel is like shining a spotlight on a thief. Regarding the report from an alleged Internal Affairs investigation, you would be better off leaving that alone unless and until you have to bring these childish people to court, where it might be useful to impeach their credibility.
    God bless!

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  • Need to get a subpoena to get my inbound phone records from cox communications and looking at costs for lawyer/expenses etc.

    this not for any issues regarding stalking anything like that. frankly its because i need to prove a lawyer was negligent in repeatedly not returning my calls and maybe costing me both my cases in canada.

    Paul’s Answer

    Did the company tell you a subpoena is necessary? If they are YOUR records, you should be able to get them without a subpoena. They will charge you for the copies of course.
    God bless!

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  • Towing a trailer, hit something in the road, flattened two left side tires on the trailer ,trailer was swinging violently, drove

    into the ditch, rolled the truck and trailer, no collision, got a ticket fro failure to control speed, only damage was to my equipment, avoided collision with other vehicles. should I have to pay a fine?

    Paul’s Answer

    Based on your description, it sounds like this was an unfortunate accident caused by debris in the road and not your fault. You can challenge the ticket by asking to set it for a hearing, as the others have pointed out.
    God bless!

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  • If I was arrested for drug possession and taken to the police station but got let go without being booked. What happens next?

    Myself and the person I was with were pulled over and searched by a detective who must have followed us from a house I had just given my passenger a ride to.Anyways after getting pulled over, the detective asked for licence and registration and th...

    Paul’s Answer

    They have you under surveillance now. They want to see who you are visiting, who you are getting heroin from (or selling it to). Your phones are probably tapped. You should definitely consult a lawyer with experience in handling wiretap cases.

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