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Jacob Russell Smets

Jacob Smets’s Answers

568 total


  • Can I own a firearm after my misdemeanor charge?

    Jacob’s Answer

    I concur with Mr. Lackey. The best way to discern if you are going to be rejected is to apply for a CCW permit and see if DPS rejects you. My guess is they won't and the CCW will be good to have, good training, and expedite the purchase of firearms in the future.

    Hope this helps.

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  • Can someone for a flat fee expunge my misdemeanor of DUI from AZ in 1997?

    Jacob’s Answer

    Cases cannot be Expunged but usually cases like this can be "set aside." A case disposition that helps show you are no longer "disabled" by anything involving the conviction and that you have completed everything. If you'd like a free consultation on how that might work, you can always reach out to our offices at 928-213-5916. Best wishes.

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  • I'm 29 disabled with seizures I have a question can I disown all my family

    Jacob’s Answer

    First, I'm not sure Landlord-Tenant is the proper area of practice for this. Technically you can always, "disown your family" by ceasing contact with them provided you are not considered a ward.

    Doing so may not be in your best interest, you may want to try to mend the disagreements in the family rather than fighting with who you have. Sorry to hear you're going through this and best of luck.

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  • I desperately need to get out of my lease. I am wondering if that is possible and if so what the procedure is in Arizona?

    Jacob’s Answer

    Mr. Irish is correct. If you require aid with such tasks contact U of A or ASU law schools. They often have clinics to aid in such matters. Best of luck.

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  • Can the police issue a ticket for suspended license?

    Jacob’s Answer

    The officer can write a ticket for it. I'd touch base with an attorney to review your options. If you cannot afford an attorney, try for a free consult. After that it may be a good idea to move forward with a hearing on this matter.

    Hope this helps.

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  • My check bounced and the vendor wants to press charges against me for check fraud what can I do to protect myself?

    Jacob’s Answer

    The goal would be to see if you can prevent charges from ever being filed. I'd recommend trying to find a local criminal defense attorney who has a good rapport with both the police and county attorney to see if they can convince them this is a civil matter. I would not recommend talking to the cops directly. Be forewarned this may be an issue that is taken care of super quickly, however it may not be.

    Sorry to hear about your situation and best of luck!

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  • How can I see if my undesignated felony was dropped to a misdemeanor?

    Jacob’s Answer

    The court can sign off on an undesignated felony and have it reduced down but it also needs to be communicated with Law Enforcement Holder of Records (Department of Public Safety). You should first call the Superior Court and see if you can get a signed copy of the order designating the offense a misdemeanor and confirm that the court has it designated as a misdemeanor in their system.

    If so then call DPS to confirm that it has in fact been changed in their system. If it has not been you will have to call the court back and ask them to re-transmit the reduction to a misdemeanor. Hope this helps.

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  • How do I get my ex to leave the house I bought?

    Jacob’s Answer

    If you are the only one on the Title and she has never paid rent, then she can be removed immediately she at this point would be a trespasser. If you want her removed, you can call the cops and ask them to remove her as she has no legal basis to be there. Even if she has paid rent she does not have 120 days to leave as the Executive Order put into place for rentals is for 120 days from the date of sign in and could end upon a new executive order but is currently set to expire on July 22, 2020. Additionally she would have to prove to the constable who would forcibly remove her that COVID-19 has directly impacted her through one of the exceptions listed by the Governor's Order.

    Be advised, removing her may not help you with your DV case. You should consult with your attorney to see how this might effect that case moving forward. Best of luck.

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  • How could i be charged for something i didnt get arrested for ?

    Jacob’s Answer

    A probable cause statement is usually all it takes to get an indictment or have this stuff sent to a grand jury. Once that happens you usually get a summons in the mail or a warrant.

    You need to be in contact with your attorney and get this issue taken care of. Possession of a narcotic drug is a class four felony in Arizona.

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  • So do I have to move out if I get a notice of intention to terminate for material breach of rental agreement ?

    Jacob’s Answer

    It depends on what the notice says. Typically for a "ten day notice" for intent to terminate based on material breach, you are not required to vacate if the conduct is remedied (not done again) and you do not receive a second ten day notice.

    The language in the notice is what you need to make sure about though.

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