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if you have a open case and the court wants to charge you with a class 3 felony but drop it to class 6 is it possible to get it doped to a misdemeanor ?
The Court (judge) doesn't charge you with crimes, the prosecutor's office (State) does. The State also decides if and whether to offer a plea agreement. Whether the drop from a Class 3 to a Class 6 is up to them, not the Court.
Your best bet is to discuss this matter with your attorney, if you have one. Since you are charged with a felony, I imagine that you do have an attorney appointed to you, if you cannot afford one.
What a skilled defense attorney can do is try to convince the prosecutor to reduce the offense from a Class 3 to a Class 6, based upon the specific circumstances of the case, the law, or based upon mitigating circumstances relative to you, personally. Again, this is something that your appointed attorney may already be doing. It's best to talk to him/her, rather than lawyers on a website that do not have the same command of the facts as your lawyer does.
Good luck!See question
My trial date is coming up so I'm just wondering if I unfortunately lose at trial (God please forbid), if there's any chance at all that they would just set the sentencing date & allow me to get my affairs together; making sure my family will be t...
The answer is, it depends. If you are facing mandatory prison if you lose at Trial, you WILL be taken into custody pursuant to Arizona Rule of Criminal Procedure 7.2(c)(1).
Your best bet is to ASK YOUR ATTORNEY.
Good luck!See question
I have a FTA warrant for an underage drinking class I didn't complete in time. I didnt show up to court, because I didnt get the notification until it was too late. I have a spring break trip coming up, but we are flying out of a different state. ...
Yes, this has the potential of being a HUGE issue for you when you return to the United States. Border Patrol will no doubt be aware of the warrant, and will most likely detain you until they contact the issuing Court to see if they want you transported there - IN custody. Border Patrol could also just take it upon themselves to hold you on the warrant and send you to the issuing court - again, in custody - and wash their hands of you and your warrant.
The bottom line is that you need to resolve the warrant BEFORE you leave the country. You should hire an Arizona-licensed attorney familiar with both criminal and immigration law to represent you. Many such attorneys, including myself, offer free, initial 30-minute consultations. You should strongly consider availing yourself of one or more of these. Please be advised that if you cannot afford an attorney, a public defender will NOT be appointed to your case until AFTER you are arrested on the warrant and brought before the issuing court.See question
I was on a dating site called plenty of fish and this girl gave me her number so I proceeded to message her and after she told me she was under aged I tried to cut all ties with her but she continued to message me shortly after she stopped for a w...
Did the "dad" ask you for money in exchange for not going any further with the police? Did a "detective" try to talk to you or leave a message about how "serious" the charges are?
If so, this is a scam that has been going around the Phoenix area lately. Don't be an idiot and give these scammers any money.
However, if you were dumb enough to send explicit photos to this "girl," and/or viewed photos of an underaged girl, you could be in VERY serious trouble. Your best bet is to get off of a public forum, and make an appointment to speak with an experienced, Arizona-licensed criminal defense attorney who has previously represented clients charged with sex crimes. Many such attorneys offer free, initial, 30-minute consultations. You should strongly consider availing yourself of one or more of these.See question
I was sited for trespassing on the Gila River indian Reservaton while looking at the old abandoned planes parked there. There were no signs showing it was Indian land. It is closed, so there was no chance of aircraft landing. It is not fenced off....
Jurisdiction in Indian Country can be a tricky issue. Was this charged as a misdemeanor or felony? Generally, you're correct, misdemeanor criminal offenses committed in Indian Country by non-Native Americans are handled by County Justice Courts, not Tribal Courts. However, as a non-lawyer, walking into Tribal Court and trying to get the case dismissed through a Tribal, law-trained prosecutor predisposed to keeping you in that Court is going to be a tall order.
Your best bet is to hire an experienced, Arizona-licensed attorney who understands the interplay between Indian Law and the Arizona Criminal Code. In addition, you may be appointed a Tribal member (maybe law-trained, maybe not) to represent you in Tribal Court where an Arizona-licensed attorney may not be able to actually represent you. If that's the case, you should press that Tribal representative to push the jurisdictional issue.See question
Im getting charge for fraud cause they r saying when I was working i was getting access witch is state insurance
You can hire an experienced, Arizona licensed, criminal defense attorney to represent you.
If you can't afford an attorney, the Court will appoint another attorney to represent you.
Don't worry, the public defender who represented you is ethically prohibited from prosecuting you in your specific case, so it's doubtful that you will have any further contact with him/her from here on out.
Again, your best bet is to hire an experienced, Arizona licensed attorney to represent you to safeguard your rights in this case. Many such attorneys, including myself, offer free, initial 30-minute consultations. You should strongly consider availing yourself of one or more of these.See question
I was rear ended and the police officer who filled out the report also informed me that i had a suspended license and gave me a citation. i was unaware of this. this is the first time I've ever received this citation and i am wondering if i will b...
Driving on a Suspended License is a Class 1 misdemeanor, punishable by up to 6-months in jail, a $2500 fine + surcharges, 3-years of probation, AND an additional term of suspension of your license by MVD.
Jail time is pretty doubtful (unless you have prior convictions), but the big issue is the "in kind" MVD suspension.
Contact MVD and find out exactly what unpaid tickets caused your suspension, then call the respective courts where the tickets were filed to find how much you owe (I'm assuming that all of the unpaid tickets are civil and NOT criminal). Pay the tickets off, then get your license reinstated. Take your reinstated license with you to court on THIS case, then the judge will dismiss this matter against you.
Good luck!See question
So about a month ago I was on the highway and I was doing about 52 miles an hour and 45 and some guy pulls on the side street and I had to apply the brakes to keep from hitting him Then I was stupid and I cut him off when I got back up to speed no...
Sure, you can "address" it, but, at least initially, you're going to have to deal with a law-trained prosecutor, NOT a judge, in order to attempt to get the offense reduced to something other than Aggressive Driving.
The stakes are high here; you're looking at a criminal conviction as a Class 1 misdemeanor (punishable by UP TO 6-months in jail, a $2500 fine + an 84% surcharge, and 3-years of supervised probation) PLUS mandatory traffic survival school AND a 30-day license suspension, at the judge's discretion.
Understand that prosecutors aren't there to "cut you a break," they are there to get convictions. Negotiating plea agreements without an experienced, Arizona-licensed traffic law attorney by your side is a daunting proposition.
If you're looking for your best outcome under the present circumstances, your best bet is to hire such an attorney to represent you. Many such attorneys, including myself, offer free, initial 30-minute consultations. You should strongly consider availing yourself of one or more of these.See question
I'm 46 never had a blemish on record until 6 yrs ago I was in a domestic violence relationship that has ended but I am now in school for my bachelors and working I am doing really good and everything will go bad if i go to jail for 120 days. Can ...
Would you perform surgery on yourself? Of course not! That makes as much sense as representing yourself in a case where you are staring down the barrel of a 120-day jail sentence.
BECAUSE you are facing jail time, you will be appointed an attorney, free of charge, if you cannot afford one on your own.
Writing to the Judge and prosecutor, at this stage, will accomplish nothing. Your energies should be directed at making sure that you retain (or are appointed) an attorney.See question
My husband got a criminal traffic ticket and we are expected to appear in court this month. He has no criminal background and we were all in the car at the time we were stopped. The cop was extremely aggresive and pulled us over in a very rude m...
From your query, it sounds like your husband was cited for Excessive Speeding, a Class 3 misdemeanor offense. Class 3 misdemeanors are punishable by UP TO 30-days in Jail, a $500 fine + an 83% surcharge; and 1-year of supervised probation.
While I doubt very seriously that your husband would face ANY of the afore-mentioned maximum penalties even if he were to lose at Trial, the offense is still a criminal offense, and there are many negative implications (job, immigration, etc.) that can come into play if a person is ultimately convicted of a criminal offense.
Asking whether your husband needs an attorney in court is akin to asking whether he needs a surgeon after he's come down with appendicitis - of course he needs one; preferably, one who is experienced and not fresh out of law school.
Taking your family down with your husband to Court will have little to no effect - this is not Mayberry, and there is not some kindly judge or prosecutor waiting there to tell you everything is going to be OK. The prosecutor is there to secure a conviction, and the judge is there to move his/her calendar along.
The good news is that there are many experienced, Arizona-licensed traffic law attorneys on avvo.com (including myself) that offer free, initial, 30-minute consultations to discuss the case with prior to your husband's next Court appearance. I strongly recommend that he avail himself of one or more of these.See question