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David Black

David Black’s Answers

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  • Can an officer forge my signature in the promise to appear section of a ticket?

    David’s Answer

    There’s a good possibility the officer scribbled the word “served” there, which is standard if you were handed the ticket. Obviously forgery is a serious issue but it’s unlikely that’s what occurred. Could it say served?

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  • Can a attorney quash an out of state warrant in Arizona for driving on a suspend license?

    David’s Answer

    The answer depends on the court, the judge, and the circumstances of the offense. But generally, as quickly as we can get a MTQ before a judge to sign it, that's how quickly the warrant can be lifted. In Phoenix Municipal Court, we can usually walk in that day and get it done. In another court in town (Avondale) we recently had to wait a week. Hope that helps.

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  • Can a misdemeanor not get on the records if it is a first offense? What should we do? I need a detailed answer for this please.

    David’s Answer

    The hope would be that diversion would be offered - a class that results in a dismissal. When clients come to me and I know they are elibigle for diversion, I charge a substantially reduced fee. Don't be scared. It is a small amount and if you have no priors you are likely going to be alright.

    Law Offices of David A. Black
    40 N. Central Ave. Suite 1400
    Phoenix, AZ 85004
    (480) 280-8028

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  • What are the punishments for avoiding an arrest warrant for shoplifting?

    David’s Answer

    It has been my experience that once an individual owns up to the warrant (that is, presents himself to the court), he is usually no worse for wear, and stands in the same position he would have been had he not warranted. This is one situation where it is definitely helpful to hire a lawyer, as we can get most misdemeanor warrants quashed beforehand. Hope this helps.

    Law Offices of David A. Black
    40 N. Central Avenue
    Suite 1400
    Phoenix, AZ

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  • Is there anyway to change the judges and the prosecutor mind to let me have contact with my bf.....?

    David’s Answer

    If you are the victim of the crime, you have a right to be heard regarding release conditions, sentencing, and a plea. It does not mean that the court has to listen to you. Courts and prosecutors are often confronted with victims who do not wish to prosecute. Often times then proceed anyways. Nevertheless, if you truly feel you are not in danger then you should let the prosecutor know you wish the no contact order to be lifted. Usually, this process would be initiated by your significant other, and you could give your opinion. I hope this helps.

    Law Offices of David A. Black
    40 N Central Ave. Suite 1400
    Phoenix, Arizona 85004
    (480) 280-8028

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  • How can i get a first offense under age drinking ticket thrown out?

    David’s Answer

    Diversion is highly, highly likely - with or without an attorney. Give me a call. I'd be happy to answer some questions for free.

    Law Offices of David A. Black
    40 N. Central Ave. #1400
    Phoenix, AZ 85004
    (480) 280-8028

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  • Mybrother was picked up yesterday he has not went to cheak in to.his probation officerso he violated his probation what will hap

    David’s Answer

    The first step is a Probation Revocation Arraignment, where your brother will see a judge. He will then be presented with options. Most defendants are, in my experience, reinstated, though most do admit to violations. So long as there isn't a new felony offense, he could be reinstated.

    Law Offices of David A. Black
    40 N Central Ave. Suite 1400
    Phoenix, AZ 85004
    (480) 280-8028

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  • A friend was caught with 2 pounds of glass at his home not on him . how many years would he be looking at if its his first offen

    David’s Answer

    IF the state can prove Possession of Meth for Sale, he is looking (at trial) at a presumptive term of 10 years in prison, down to five, or up to 15. Meth sale is crazy. Have him contact a good lawyer asap.

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  • What happends to a public defender if they deny you of you discovery and youve asked them multiple times an still nothing

    David’s Answer

    You should request a copy of (a) all police reports (b) all media. They are required to produce it. They could be in trouble; you will not be, but you may not be able to provide an adequate defense. All of my clients go over their discovery with me, if they so desire. Sometimes it is for their benefit, and sometimes it is for my own. You have a right to assist in your own defense.

    Law Offices of David A. Black
    40 N. Central Ave. #1400
    Phoenix, AZ 85004
    (480) 280-8028

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  • Will I get a Walmart civil demand letter?

    David’s Answer

    You will likely get a civil demand letter. My experience is that they are around $250.00. Follow the sound advice of local counsel, as they know what is best in situations in their jurisdictions.

    Law Offices of David A. Black
    40 N Central Ave. Suite 1400
    Phoenix, AZ 85004
    (480) 280-8028

    See question