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Ian Nicholas Service

Ian Service’s Answers

34 total

  • Will i be charged for theft?

    Ian’s Answer

    From the facts you shared here, it seems Walmart's loss prevention has not asked law enforcement to charge you with a criminal charge. (Or prosecutors refused to prosecute based on a weak case).

    However, The letters you are getting from Walmart demanding money are CIVIL violations only. These letters are legal and not uncommon to send out by shop owners to those they believe have shoplifted, and the fine can only reach up to a legislative maximum amount.

    If you choose not to pay, Walmart would need to file a civil law suit, and execute a money judge against you to have a court's power to collect the money (garnish wages etc.)

    Finally, Walmart can STILL ask law enforcement to bring criminal charges against you so long as the statute of limitations has not expired. (One year for misdemeanors and generally 7 years for felonies).

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  • Can i file a motion to reverse a conviction if it has been over a year since his original date if i have evidenceto clear himof

    Ian’s Answer

    If it has been one year since the plea agreement and conviction it is likely FAR too late to attempt a reversal. Most plea agreements have a waiver of appeal rights as well. A Post conviction relief petition must be filed by 90 days of a sentencing hearing.

    You mentioned something about you son not "knowingly" entering a plea. This is very unlikely because the Court must make a finding - on the record- that the plea was "Knowingly, intelligent, and voluntary" entered by the defendant. This also includes totally advised of all his rights that he is waiving, and his was not forced or promised anything outside the agreement. Either way, a year is probably way too long, but hire an attorney to review the "evidence" you have to make sure all routes are truly exhausted.

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  • How do I negotiate well in a pre-trial conference over a criminal speeding ticket when I represent myself?

    Ian’s Answer

    I recommend you take the humble approach rather than the "push the buttons" of the prosecutor route. As a former prosecutor, the informal "attitude test" was a key factor in my own leniency for these negotiations. If your past AZ driving record is clear, and you approach humbly - that might have the best chance of a reduced citation outcome.

    If the prosecutor isn't able to make those reduced agreements, respectfully ask for a supervisor who can. (Attract More bees with honey...)

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  • I was arrested for Felony possession for sale of marijuana in 1987 in San Bernardino County Calif, I need deposition they say no

    Ian’s Answer

    It appears to be such an old record, nobody has a digital copy of the disposition of your case. When the courts started to go computerized (late 90's) most courts did not digitize historical records prior to a certain date. This is likely the case with your 87' case. In short, it is too old of a file to find, and the CA court won't be able to find it because they dispose of old paper records after a set number of years.

    Two thoughts:

    1. You need a CA attorney to file with today's CA courts a motion to produce the original record (likely not in storage somewhere) OR have the CA court re-create a certified disposition of that case based on whatever information can be salvaged by you and the prosecutor's office.

    2. You hire an Arizona lawyer that knows CCW laws AND together you may find some legal exceptions that might help end-around your ancient record issue.

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  • Can I refuse to take a hair follicle test

    Ian’s Answer

    If there is no current OPEN CPS case, you can refuse the hair follicle test. If it is an open case, consult with your attorney prior to agreeing to any such tests.

    If you volunteer (consent) to take a test, without a current open CPS case, you risk too much. If the test is dirty, the State likely will open a case, and possibly remove your children. HF tests can date back as far back as 90 days for drug use. Don't volunteer evidence to the State that could result in removal of your kids.

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  • What kind of punishment am I looking to receive for 1 Vicodin, 2 valium, 1 baclofen, and a firearm?

    Ian’s Answer

    First, I highly recommend not admitting to your crimes on an open forum. You are innocent until proven guilty. Don't assist the State in their attempts to convict you. It's their burden and your RIGHT to remain silent.

    Next, take your confidential legal questions to your attorney. In a private setting these questions can be freely discussed without admitting guilt to the whole internet.

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  • How can my boyfriend get his charges reduced so he can move out of arizona

    Ian’s Answer

    I recommend he hire an attorney immediately. If he cannot afford one, the court will appoint one. Either way, the attorney (hired or appointed) should be able to give the legal counsel needed regarding the charges. It Sounds like your assistance will also be needed if you are a witness or victim.

    This forum isn't the correct place to get the in-depth legal counsel he really needs.

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  • Lost my parental rights a year ago. Is there anything I can do to get my child back??

    Ian’s Answer

    If a final termination of your parental rights has occurred the likeliness of overturning that court's order is slim to none.

    Also, CPS cannot re-open an old case because you do not have custody rights to a child. CPS has authority over abused, abandoned or neglected children in the care of their "legal" parents. You are not a legal parent - therefore no case can be opened.

    If the time to appeal the final severance judgement as not passed, you might have a slim toe hold. The time frame is very short, and has likely run by now.

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  • What do I do

    Ian’s Answer

    A business has the right to trespass anyone they want. This is not uncommon. They also can ask the police to have you charged with a crime if they believe it can proved.

    Your concern also revolves around the letter and civil penalty the store has imposed in the form of a money fine. The store can fine you civilly if they want, but if you fail to pay they will need to go to court and get a court's executed judgment to force money out of you. The worst case scenario is a monetary judgement. No jail because civil penalties are not criminal matters.

    However, if you don't want to pay the store's fine, the store may also seek restitution by way of a criminal prosecution. It seems they told you already that they won't be seeking charges, but the choice is still an option until the statute of limitations runs.

    The choice to pay the civil fine is yours.

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  • Can you explain what ERS 133.407 it to me?

    Ian’s Answer

    From the facts you have given -I have some thoughts:

    1. If she took a plea agreement she also waived any right to appeal her sentence. Her only option after sentencing for "clemency" is called Post Conviction Relief (PCR). In Arizona a PCR petition must be filed within 90 days of the final sentencing. It seems she is well beyond any avenues to petition for a reduction of a sentence.

    2. I do not know what you mean by "ERS 133.407." Probably A.R.S. Title 13 (Arizona revised statutes, criminal code).

    3. I haven't heard of PANT either.

    4. Back to the plea agreement: Taking a plea is never "forced."

    The judge MUST find a factual basis for each crime plead. The defendant MUST knowingly, willingly, and voluntarily waive certain rights when entering into a plea agreement- in writing - and before the judge. These rights include the right to a jury trial, right to remain silent, and of course right to appeal.

    In summary, what this means is she had actual criminal charges, and that she likely would have lost at a jury trial to some or all of those charges. Losing at trial submits her to the penalty maximums on ALL the charges if convicted- which sounds like 30 years in her case.
    Her attorney would have explained all this to her & prior to any plea agreement.

    So, I highly doubt she was "forced" and believe she is beyond any options for relief as she has expressed to you.

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