Ryan Cummings’s Answers

Is jail time a possibility for a first time offender?

Ryan’s Answer

• December 30, 2018 7:05pm

For the possession charge he cannot go to jail. He is protected by prop 200.

The criminal damage charge is unlikely to result in jail but a class 1 misdemeanor is punishable by up to 6 months in jail.

However, he is lucky he didn’t get a higher level felony for have weed within reach of a 2 year old.

I was arrested for poss of marajuna but it was dismissed the day of court and now a yr later the charges have come. Back but d

Ryan’s Answer

• December 30, 2018 6:55pm

As the other attorney mentioned the statute of limitations for a felony is 7 years.

Possession of marijuana in Arizona is a class 6 felony.

The prosecutor after reviewing the reports can decide to change the charges if they believe a different offense was committed or they can’t prove an element of a certain offense.

How do I provide documentation that felony was reduced to a misdemeanor to my job?

Ryan’s Answer

• March 3, 2018 1:49am

Go to the court. At the courthouse you are looking for the Clerk of the Court. This is where you can go get certified copies of the disposition documents.

You can also reach out to probation and ask them to obtain a copy. Usually there is a one page sheet that is supplied to the judge that will then mark the designation for a misdemeanor.

If you had an attorney that helped you with the underlying case, they too may be able to quickly provide you with the documents.

Will my medical marijuana privilidges be provoked with a marijuana court date?

Ryan’s Answer

• December 2, 2016 12:41am

Unlikely that your current card will get taken away. But you are correct m, it won't change your current charges.

However, there may be alternative ways to getting the charges dismissed.

If a 18 year old male dates a 17 year old female who will be turn 18 nine months after him is it illegal?

Ryan’s Answer

• August 28, 2016 7:11pm

It is not illegal to date. The statutes you are thinking of involve sexual misconduct with a minor. This would be someone who is 18 or older having sexual contact with someone under 18. That is illegal. However, there are some exceptions for people who are within 24 months of age and in a consensual relationship.

Do I need to hire an attorney? How could I reduce my fine?

Ryan’s Answer

• August 28, 2016 7:08pm

If the officer cited you for criminal speeding it is a class 3 misdemeanor. There is a possibility of being able to receive an outcome that doesn't have a criminal conviction. Consulting with an attorney who practices in that area of pike be a good idea.

My husband was a passenger with a friend who had 100 pounds of marijuana. .. didn't know she had it. Was passenger. No priors.

Ryan’s Answer

• August 21, 2016 4:16am

It's pretty tough to hide 100 pounds of marijuana. But that being said, if he doesn't admit to knowing it was there then the state would have to prove he should have known. (Actual v constructive possession).

Even with a first time offense, if he were to go to trial and be unsuccessful he is facing prison time. He really should talk to some attorneys to discuss more and figure out what his best case scenario might be.

How to avoid a misdemeanor on my record for a bad check.

Ryan’s Answer

• August 15, 2016 3:16pm

Find a local attorney that knows Arizona courts. Many of them have bad check programs and can offer diversion. This would ultimately dismiss your charge without it going on your record. Good luck

Are Arizona photo radar speeding tickets legal?

Ryan’s Answer

• May 4, 2016 11:01pm

You do have to be properly served with the citation. However, there was also a recent attorney general opinion about the people involved in the process of gathering the information for the photo radar citation. This has brought about new arguments in photo radar cases as to the validity of those tickets.

I have been served for a Photo radar speeding ticket in paradise Valley. It was my brother driving my vehicle.

Ryan’s Answer

• December 1, 2015 4:51am

The ticket should have an acknowledgment deadline. If you were served and don't show up your license could be suspended. However, if it was your brother driving and attorney can make that argument to the judge (of course you could too).

Lawyers, like our firm, that work in this field often can push out dates to avoid your brother being penalized and still present that defense. You should call an attorney to get a case evaluation; our firm, like many, offer free case evaluations.

Good luck