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Myles Albert Schneider

Myles Schneider’s Answers

369 total


  • Can an f6 aggravated assault on a peace officer serve no jail time?

    Myles’s Answer

    I assume your attorney is court appointed counsel. Whether you are going to do jail time depends on a variety of factors, like criminal history, facts of the case the disposition of the victim etc... It is best if you retain a private attorney who is going to take a more proactive position with your case. That way you can meet and go over the evidence together.

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  • What about if im starting a business in AZ should I get an llc? even though im gonna do business in multiple states via internet

    Myles’s Answer

    Yes... always form an entity to protect your personal liability and maximize you tax position. The state of the business entity does not have to be AZ... You should speak with your accountant and discuss the best state to form your entity. ie. AZ or Delaware, Nevada etc... each offers different tax advantages. As for the trademark, you can obtain a federal trademark... also, some states have their own trademark processes. Some are easier than others to secure. You should really speak with a lawyer to discuss the best options.

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  • What sort of lawyer should I look for to help me with a membership sale agreement not being honored by the buyer?

    Myles’s Answer

    You should make a formal demand for sums due. In the demand letter you give a deadline. If the entity does not pay by the deadline, we sue.

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  • If im starting my own brand and will be trademarking it for gyms, camps, and clothes, in multiple states would I need an llc?

    Myles’s Answer

    Yes. It is always a good idea to form an LLC to limit your personal liability. Also, if you choose small business status, you may be able to get tax advantages as well.

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  • What happens after complete drug diversion program?

    Myles’s Answer

    Generally, and this differs from city to city, but the judge schedules a status conference for a date after which you should have completed the program. If you completed your program before this date, the court should dismiss the charges against you. I recommend to my clients that they call the Court and make sure it received the certificate and that the status conference was vacated and your charges dismissed.

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  • How can I be charged with aggravated assault but never touched anyone?

    Myles’s Answer

    A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:... If the person uses a deadly weapon or dangerous instrument. A person commits assault by:... Intentionally placing another person in reasonable apprehension of imminent physical injury.

    The issue here is whether you were Justified in committing the assault. A person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful physical force.

    You need a good lawyer to help you. Aggravated assault is a felony in Arizona.

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  • How do we apply for multiple states' sales tax?

    Myles’s Answer

    There is technically not one certificate which you may file that encompasses all 50 states. However, there is an an intergovernmental state tax agency working on behalf of states and taxpayers to facilitate the equitable and efficient administration of state tax laws that apply to multistate and multinational enterprises. It's called the Multistate Tax Commission. Google their name and there are instructions relating to the filing of a Uniform Sales Tax and Uses form.

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  • Can I get my felonies set aside in Arizona, with an aggravated robbery in 2012 and an aggravated assault dv in 2015

    Myles’s Answer

    Whether you crimes are designated "dangerous" will be identified in your plea agreement. As part of plea negotiations we sometimes see crimes listed as a non-dangerous felony. If designated dangerous, you will not meet the criteria set forth in A.R.S. 13-905 (the statute governing set asides). It would be a good idea for you to collect your Pleas from the 2012 conviction and the 2015 conviction and sit down with a lawyer to discuss the possibilities.

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  • My friend is on trial for possession by a prohibited. She is looking at 15 years. It is the only charge she is facing. Why?

    Myles’s Answer

    The charge for a prohibited possessor is a Class 4 felony. With no criminal history, the presumptive sentence is 2.5 years. With two or more historical priors the presumptive sentence is 14 years. There are also many factors go into where she falls on the sentencing chart. Whether there are aggravating or mitigating circumstances and whether this case or priors are being designated as dangerous or non-dangerous. She really needs an attorney to help her out. If she cannot afford a private attorney, you may want to consider a Knapp Counsel arrangement with a private attorney to assist the public defender. You can find out more information about that here: https://maschneider.com/cant-afford-a-private-lawyer-take-a-knapp/

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  • How to get a robbery charge dropped if it didn't happen the way the victim says it happened?

    Myles’s Answer

    You must seek out an attorney who regularly practices criminal defense law in Maricopa County. This a probation violation case. Your boyfriend must be acquitted in the Robbery, Assault & Domestic Violence case for him not to be violated. In other words, your boyfriend has two cases. The probation violation case and the Robbery, Assault & Domestic Violence case. You may contact me or any other lawyer on AVVO who gives free consultations to help you.

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