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I am trying to reply to the answers I got about pretrial diversion, but I'm not sure it will be in that thread.

Gilbert, AZ |

I was not released from anywhere, and I have not been convicted or pled guilty to anything. So this is a constitutional violation as I am innocent till PROVEN guilty, and should not be restricted by the govt. until that time. The actual event happened 1.5 years ago. I was never arrested, just stuck with a needle and released. I wasn't notified that they had filed the case, and I have lived at the same address the entire time. So when I found out about it thru a back ground check, I called the judge's office and asked for a date ASAP, and I appeared. No warrant had ever been issued. Now I am a flight risk? Not hardly. I came to them. If it wasn't preventing me from working, I would have said to hell with it. It's probation, regardless of the silly naming convention.

Attorney Answers 3

  1. If there was a question somewhere in there (other than the rhetorical one), I missed it.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.

  2. You should speak to your Attorney if you have one, if not you should consider hiring an Attorney to help you with your case. You don't seem to understand the concept of "release," an Attorney would greatly assist in helping you to understand what is going on in your case.

    Answers on Avvo are general in nature and do not constitute legal advice; specific answers require knowledge of all the facts. You should consult with an attorney to review all the facts specific to your case in order to receive advice upon which you can reasonably rely.

  3. In AZ a judge has an option to supervise you when you are pending charges, it is "pre conviction release." Especially in drinking/drugging and driving cases, if a judge is concerned about you and/or the community he has the option to supervise you. The judges concerns are twofold: (1) if you were to drink/drug and drive again and then kill somebody and the judge did not take any precaution to protect the community, MADD and/or news groups would plaster information on the news that he could have protected the community but chose to ignore the information. Remember, if you are pending charges, then a judge, a prosecutor and/or a law enforcement officer has made a preliminary determination that there is enough evidence to believe a crime was committed and you were likely the person who committed that crime -- this is not beyond a reasonable doubt -- it is just some belief that usually has not been challenged. and (2) if you were to flee the state and the judge took no control to supervise you, an alleged crime is left unanswered. This clogs up dockets and comes full circle if you were to go to another State and commit the same crime. A judge cannot completely ignore the information in a probable cause statement.

    If after you read this you are still convinced that a judge does not need to supervise you because (1) you are not a threat and can show evidence to support that; (2)you have plenty of contacts with the community; and (3) this is information not previously considered by the judge then you can ask your attorney to file a motion to modify your release conditions.

    As noted above, if you do not have an attorney, you shod hire an attorney experienced in DUI defense. Good luck.

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