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Casey Matthew Arbenz

Casey Arbenz’s Answers

15 total


  • Would tardiness be considered misconduct

    My unemployment was denied due to misconduct connected to work and tardiness,,,from your experience what would be a good defense

    Casey’s Answer

    I'm not sure if I follow the question entirely. Were you denied unemployment benefits because you were frequently late to work? Or was it your employer who was frequently late and you want to bring that issue out in an appeal? While I don't practice law in Florida, I suggest you meet with an experienced employment law attorney to make sure that your rights are protected. Good luck!

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  • How much time does a inmate have to file a appeal

    if your attorney wont file a appeal because of conflict of intrest.

    Casey’s Answer

    I don't practice law in California, however, my experience with federal cases tells me that most appeals must be filed within one year of "a final judgment on the merits." This usually means 1 year from when the sentence was imposed. However, if this time limit has passed but there has been a significant change in the law, or there is newly discovered evidence that might prove the defendant's innocence, he/she will likely have avenues to pursue an appeal or a petition for habeus corpus. Defense attorneys will usually offer a free consultation with concerned family members and give legal advice relating to the specifics of the case. It might be a good idea to talk to another attorney and see what he/she suggests. Good luck!

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  • My fiance was sentence to 10 years for a robbery in 2002 what is his chance of an appeal?

    he was arrested in new york he sign fo an extradition 3 times never was brought to nj until the 4th one can i appeal his conviction? what chances do i have?

    Casey’s Answer

    I do not practice law in New Jersey, however, I write a lot of federal appeals and appeals in other states. That said, my understanding is that unless there is a significant change in the law, or unless there is newly discovered evidence, it is unlikely that a 2002 conviction can be appealed. In criminal cases such as these, private defense attorneys will usually offer a free consultation with family members interested in pursuing an appeal and provide them with an assessment of the case -- and their opinion of the likelihood of success. Thus, it couldn't hurt to find a criminal defense attorney in your area and see if he/she can't give you some good advice regarding this issue. I wish you the best of luck!

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  • What do I do if I can't get in touch with my (significant others) public defender so that we can hire private counsel?

    I have been leaving voicemails but I haven't gotten a reply back. Time is ticking and we need her to write an "ok" for the new counsel to speak with the accused.

    Casey’s Answer

    The other attorneys have more than adequately explained your partners' rights pertaining to speaking with and hiring new counsel. My primary concern with his/her case is that the newly hired attorney has not put you at ease and communicated this information to you. Remember, a lawyers job is to be a counselor and to not only represent the accused, but also to communicate and provide thoughtful and insightful information to the accused and their loved ones. If your significant others' lawyer isn't communicating properly, it is time to hire someone else.

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  • Did I violate my probation?

    I was just convicted of reckless driving after the original charge of dui was reduced. Was put on probation for 2 years because of this. Then this weekend I got kicked out of a bar and charged with criminal trespassing 2nd degree. I don't have muc...

    Casey’s Answer

    As part of your suspended sentence, you were probably required to "maintain law abiding behavior," and possibly to "not consume alcohol." While your actions this weekend might lead to a violation, the Court should take no action until the trespassing case is resolved. Also, depending on the circumstances, a persuasive attorney may be able to keep you out of jail. It is important that you discuss the specifics of your case with an aggressive attorney. Good luck!

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  • In Washington State, I have a Negligent Driving 2nd Degree ticket (breaking traction). Does this qualify for deferral?

    Does my ticket for second degree negligent driving qualify for a deferral? I have found on the web that the Court does not allow deferral for the following: Negligent Driving 2nd Degree (depending on facts). How can I determine if my ticket may...

    Casey’s Answer

    You should be able to get a deferral on a Neg 2 breaking traction ticket in WA. However, you may just as easily be able to get the ticket dismissed outright. An experienced attorney who specializes in traffic infractions such as Negligent Driving will be able to take a quick look at the infraction itself and give you an initial determination relating to the likelihood of ultimately obtaining a dismissal.

    Remember, the prosecutor must be able to prove that you were driving in a negligent manner AND you were endangering persons or property. It doesn't sound like breaking traction necessarily qualifies and it is important that you make the State prove its case. If you don't, you may use up your deferral and down the road face higher insurance premiums and other penalties. Good luck!

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  • What are the punishments for misdemeanor assault in Washington State?

    Should I get a lawyer for a charge of misdemeanor assault in Pierce County? It’s my first offense and I have an eyewitness that saw the whole thing happen in Tacoma, WA?

    Casey’s Answer

    If you are convicted of Assault in the 4th degree, the maximum penalty is 365 days in jail and a 5,000.00 fine. If it is against a friend/roommate or family member, the punishments may be even more severe -- likely causing your right to own firearms revoked. It is always advised that a person in your position contact an experience attorney who will fight for your rights and who isn't afraid to challenge the State's evidence. I am a young and aggressive attorney who will fight for you!

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  • What is the time limit for a mailed citation in Pierce County

    I had to wait more than two weeks for a citation to arrive in the mail. I had assumed the cop had re-thought things and decided not to cite me. Guess not.

    Casey’s Answer

    While there is not a court rule specifically addressing when an infraction will arrive in your mailbox, there are important filing deadlines in addition to specific guidelines for answering requests for discovery and certification of speed measuring devices (typically radar or lazer 'guns') that police must follow. If they don't, an accomplished attorney will be able to get your ticket dismissed. A dismissal will save you from paying costly fines and penalties -- in addition to possible rate increases on the part of your insurance company or even licensing suspensions or other consequences.

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  • What is a slow neg and how does the court monitors your status?

    I got offered a slow Neg just trying understand what it is all about

    Casey’s Answer

    A slow neg is an agreement between you and the prosecutor for a set period of time -- usually one to two years -- whereby you agree to certain conditions (usually an alcohol evaluation, Victim impact panel, etc.) and at the completion of the specified time limit, the DUI is amended to Negligent Driving in the first degree if you've fully complied with the conditions. If you haven't fully complied, the prosecutor can revoke the agreement, and the judge will only read the police report to determine whether you are guilty of DUI. This can be a good or bad deal, depending on the facts in your case, the court you are in, and your BAC level. In some courts, the judges will not consider BAC results, so a slow neg might not be that good of a deal. It is also important to note that a Neg 1 amended from DUI will still count as a first DUI if you get another one in the next 7 years. In other words, if you take the deal and then get charged with DUI in the next 7 years, you will be treated as having a prior and subject to the mandatory minimum penalty of 30 days in jail. I think it is a good idea to talk with an attorney and see if you can't get a "fast neg" (an immediate amendment to Neg 1) or get the case completely dismissed. Good luck!

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  • My license was suspended for failure to pay a ticket; it is no longer suspended, what will likely happen when I go to court?

    I went to court the first time, and just had to pay $250, but while my license was suspended, I was driving, and now have a second court date; will I just have to pay $250 again, or is there a chance I could get jail time?

    Casey’s Answer

    • Selected as best answer

    It is certainly advisable to contact an attorney. In all likelihood -- if you have no other criminal history -- the prosecutor will offer to amend the criminal charge to a "No Valid Operator's License" Infraction for 350 bucks or so. This is not a criminal charge and would not end up on your record. Again, an attorney would be able to specifically advise you as to your options and the ideal manner in which to navigate your legal issues. Good luck!

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