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Can my boyfriend get out?

Phoenix, AZ |

Hello. My boyfriend tomas has been in jail since december 4, 2012 for probation violation, fleeing from law, and recklass driving. He put his name under his friends title for his car, because his friend had warrants he was helping him out. His friend was driving and got pulled over then drove off from police. Tomas is getting charged for it. He told the judge it wasn't him and gave them the guys name. Tomas has court on february 19, 2013 to get his next plea. Is it possible he can get out?

Attorney Answers 4

Posted

Since your boyfriend was on probation at the time, it was likely that he has a probation "hold" and being held non-bondable on the probation case. His defense attorney can file a motion with the court to change the bond conditions. What does the police report say? Does it describe the person that was driving? Does it match your boyfriend? Is the title to the vehicle the only evidence linking your boyfriend? Are there witnesses who can link his friend to the vehicle? MVD records? You need to talk to his attorney about all of these issues.

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Asker

Posted

They have no evidence it was my boyfriend. The guy who was driving is now in prison for his warrants. They have proof that my boyfriend was driving or anything

Asker

Posted

Dont*

Posted

There seems to be a number of things going on. He seems to have a probation violation and a new charge. If that is the case he needs to get the probation hold off of him before he can get released. I think you should contact an attorney for him.

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Posted

Because he is on probation he is most likely non-bondable. A motion needs to be filed with the court to modify release conditions.

Aaron Black
Criminal & DUI Defense Attorney
Law Office of Aaron M. Black
3219 E. Camelback Rd., #573
Phoenix, AZ 85018
(480) 729-1683
aaron@aaronblacklaw.com
http://www.aaronblacklaw.com

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Posted

Tomas is probably non-bondable on the probation case, due to his being arrested for a new felony charge while he was on probation. Based on what you described, it sounds like it might be a case of mistaken identity. But it also sounds like Tomas was assisting his friend in evading capture by putting his name on the title to help his friend with warrants.

It is possible for him to get out pursuant to a plea deal, but that depends completely on what that plea deal is. There is a lot going on here. I recommend that you consult with a few lawyers. Good luck.

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Asker

Posted

His first plea was min 1.5 and max 2.5. He asked for new plea. Could this next plea be better? Thank you for your help

Paul E Knost

Paul E Knost

Posted

His plea will only be better if the prosecutor agrees to give him a better one. The County Attorney's office typically will not offer a probation plea to a defendant who allegedly committed a new felony while he was already on felony probation. The general idea is that they want the punishment to be worse the second time around. The only way he might get a better plea is if his lawyer can identify weaknesses in the State's evidence against him.

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