Skip to main content
Cary L Lackey

Cary Lackey’s Answers

805 total

  • How much time can my son get for possession of marijuana for sale?

    My son and his friend were pulled detained at a checkpoint the officer told him the K9 had detected drugs and they found over 90 pounds of marijuana in the trunk. My son has no criminal record. He is out on a 10,000 cash bond. Could he do prison t...

    Cary’s Answer

    Yes, your son IS looking at MANDATORY prison time if he is convicted of possessing marijuana for sale or transport at an amount over 2.2 pounds (1 kilo).

    As my colleagues have opined, there may be defenses or suppression issues at play that an experienced and skilled Arizona-licensed criminal defense attorney can employ to help your son. Many such attorneys, including myself, offer free, initial 30-minute consultations. You and your son should strongly consider availing yourselves of one or more of these - the sooner, the better.

    See question 
  • I want to know how much time I'll do and how much a lawyer is

    I have no priors, out on bond. Caught for conspiracy and intention to distribute. 212 pounds of marijuana. I go to school and I'm graduating in 3 weeks. My public defender said 1 year but I want probation.

    Cary’s Answer

    As my other colleagues have mentioned, no one here is going to give you price quotes on representation. I also agree that whoever your public defender is, he/she has a better idea on the strengths/weaknesses of your case than anyone here ever will (unless you hire one of us).

    I WILL say that with 212 pounds of marijuana, you are looking at MANDATORY prison time, in the State system, for FAR longer than 1-year, if you get convicted at Trial. If this case is a federal one, you're looking at prison time there, too.

    If you're unsatisfied with your public defender, then look around for EXPERIENCED, Arizona-licensed counsel. There are many on this site. 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 
  • Is my traffic ticket connected to me without my drivers license info?

    I recently moved to az from tx and was pulled over for speeding. I did not have my license from tx because I lost it at the airport on my way to az. There is nothing recorded on the ticket under drivers license. It has my name, birthdate and addre...

    Cary’s Answer

    More than likely, this will all catch up with you if you ignore the ticket. They have your name and date of birth; they'll figure out who you are. Next, your privilege to drive in Arizona will be suspended because you ignored the ticket. Then, Texas will eventually find out about the Arizona suspension, then suspend your Texas driver's license. Meanwhile, your $200 ticket will go into collections with the issuing Court, and balloon to $600.

    Here's some free advice: pay the ticket or request defensive driving school (which you can complete online).

    See question 
  • Will Arizona extradite from Colorado for a probation violation from a aggravated assault felony 5?

    I want to move to Colorado, but the transfer takes 3 months according to my probation officer. If I leave without her permission will a warrant show up in Colorado? Can I ask for a transfer once I'm already there?

    Cary’s Answer

    As my esteemed colleague, Mr. Hamby, opined, you will be in serious trouble if you abscond and move to Colorado without permission.

    To answer your questions: Yes, the warrant WILL show up in Colorado; and No, you cannot ask for a transfer once you are there.

    There is a $200 Interstate Compact fee that must be paid, in full, in advance, and the receiving County in Colorado has to accept you before you will be allowed to transfer your probation grant.

    As Mr. Hamby said, you more than likely waived extradition when (or if) you signed a plea, so getting you back to Arizona will not be that difficult for the authorities - for you, it will be VERY difficult. If you abscond and are brought back before the Court, you will be IN CUSTODY, and are likely NOT to be eligible for a bond, or any other type of release. Moreover, you could be looking at 1.5 years (presumptive) in the Arizona Department of Correction if the State can prove that you violated probation - absconding from probation is probably the second most serious probation violation out there (other than committing a new felony offense).

    See question 
  • I got stopped for going 60 in in a 25 in downtown phoenix. (Speeding)

    I was pulled over for going 60 in a 25 in down town as a result it was listed as a criminal traffic (ct) a.r.s 28-701.02A2 bus distance. Normally when i see speeding tickets i see that they either pace/trace or laser but on my ticket it doesnt sa...

    Cary’s Answer

    How the officer estimated your speed (radar, laser, pace, etc.) is certainly important and needs to be determined. I'm wondering if there is a "Report Number" hand-written by the officer in the upper right-hand corner of your ticket. If there is, that means the officer actually authored a police report, and I imagine the method of speed estimation is featured prominently therein.

    Understand that since you've been cited for violating Excessive Speeding, Ariz. Rev. Stat. sec. 28-701.02, a Class 3 criminal, misdemeanor offense, you're facing more than just 3 points towards your license. You're going up against a law trained prosecutor when you get to court, not an "impartial" judge, and prosecutors are not generally inclined to cut deals and give "breaks" to people unless they absolutely have to. Moreover, the maximum penalties for a conviction on a Class 3 misdemeanor in Arizona are: 30-days in Jail, a $500 fine + an 83% surcharge, and up to 1-year of supervised or unsupervised probation.

    While it's highly doubtful that you'd approach any of the maximum penalties (unless your driving record is terrible), you're still better off with an experienced, Arizona-licensed traffic law attorney representing you, than you are alone, going up against a prosecutor hungry for a conviction. There are options that a skilled Arizona-licensed traffic attorney can pursue (a civil disposition or even your entry into defensive driving school, if you're eligible to attend) that are more likely to be realized than they would be with an unrepresented person walking into the "buzz saw" that traffic court can be, and often is (to the uninitiated).

    Many experienced, Arizona-licensed traffic law attorneys, including myself, offer free, initial, 30-minute consultations. You should strongly consider availing yourself of one or more of these before you head to court.

    Good luck!

    See question 
  • What states will allow me to live a quite life and restart my life? With obscouting supervised probation.

    I have a 2 f2 charges in maricopa County for trafficking in stolen property. Than I was put on supervised probation for 5 years , which I ran from. What can I do. I don't want jail or prison. Thank you very much

    Cary’s Answer

    There are NO states in the United States that will, somehow, allow you to live there knowing that you have outstanding, active felony warrants in Arizona. If you are found in any one of the 49 other states, you'll be extradited back to Arizona, most likely in custody. Remember, you waived extradition as a term of your plea agreement (if you signed a plea agreement).

    Moreover, many countries around the world, including ALL countries where English is the primary, spoken language, have extradition treaties with the United States. Mexico and Canada have such treaties in place as well. Other than North Korea, Iran, and maybe Syria, there aren't any places in the world that I'm aware of that WON'T extradite you back to Arizona once the warrants are discovered.

    Your best bet is to man up and face the issue head on. I can understand that you don't want jail or prison, but that just might be your reality, based on the specific facts of your individual situation. Needless to say, you need an experienced, Arizona-licensed attorney by your side to help you navigate this legal mine field. Many such attorneys, including myself, offer free, initial 30-minute consultation. You should strongly consider availing yourself of one or more of these.

    See question 
  • First marijuana DUI as an international student, criminal or immigration attorney?

    I was at a red traffic light and after it went green I started speeding and went over the speed limit. I was stopped by an officer and he smelled marijuana on me and then he m did a field test then arrested me for DUi. I did not have any drugs on ...

    Cary’s Answer

    As some of my out-of-state colleagues have opined, your best bet is to hire an experienced, Arizona-licensed, DUI attorney that understands and has a working knowledge of the immigration consequences of criminal convictions.

    There are a few such attorneys, including myself, that practice in the Phoenix metropolitan area which includes Tempe.

    There may be some issues with your DUI that immediately come to mind, such as: (1) the length of time between when you last smoked and when you were stopped - there must be THC or its ACTIVE metabolite in your system for you to be successfully prosecuted, (2) do you have an Arizona medical marijuana card?

    On the immigration side, what type of visa are you here in the United States on (I'd imagine a student visa)? Upon your re-entry, did the customs official tell you about the DUI arrest, or did you tell him/her? Typically, a misdemeanor DUI arrest, or even conviction, would not necessarily subject you to deportation or removal, so I'm wondering what angle Immigration and Customs Enforcement is working.

    Again, it's best if you hire one attorney that can help you in both areas.

    See question 
  • What do I need to do for minor consumption and minor in possession of alcohol at first court appearance?

    I'm 20, left a college party in Tempe, AZ and was standing around with a bunch of people down the street and police showed up. I had a bottle in my possession and was cited with MIP and MIC. What is going to happen when I show up on the date sh...

    Cary’s Answer

    My colleague, Mr. Hamby, is right on the money - a LOT depends on which Court you were cited into. If it's the Tempe Municipal Court on East 5th Street, you will most likely be offered the diversion option by the PROSECUTOR - understand, this is a criminal case, and you will be going up against a law trained prosecutor - there will be no kindly judge there to explain everything to you. With that being said, if you are in the Tempe Municipal Court, you will be FAR better off.

    If you have been cited into the University Lakes Justice Court in Chandler, you are what is legally known as screwed. There IS no diversion program for alcohol offenses there, and you will again be set against a law trained prosecutor (in this Court, however, with less experience than the prosecutors at the Tempe Municipal Court).

    The bottom line is that you wouldn't go to a hospital with appendicitis and tell the staff that you'll do the surgery yourself, neither should you walk into Court without an experienced, licensed attorney at your side. As Mr. Hamby counseled, there are many attorneys in town that you can speak with about your options. Many such attorneys, including myself, offer free, initial, 30-minute consultations. You should strongly consider availing yourself of one or more of these.

    Good luck!

    See question 
  • Why is my public defender not fighting for a better plea?

    My husband and I got into an argument via text message about family/finical issues. During the heat of the argument I partially burned 13 pieces of his clothing out of anger (there was no structural damage to any part of the home and no one was ho...

    Cary’s Answer

    Since the stakes are so high for you, you wrote that you'll lose your job at the DOC if you get convicted of a felony, you may want to consider hiring an experienced, Arizona-licensed criminal defense attorney to represent you.

    As a couple of my colleagues have mentioned, however, hiring such an attorney is NOT a guarantee that he/she will be successful in getting you a non-felony plea. As a matter of fact, attorneys are ethically prohibited from making guarantees of outcomes on cases; if you find an attorney who makes you such a guarantee, you should run.

    With that being said, there are things that an experienced, Arizona-licensed criminal defense attorney may be able to do to assist you, such as: (1) reviewing the State's evidence and interviewing you and/or other witnesses, if any, to see if there are any viable defenses (Self-defense? Defense of others? etc.) (2) submitting a formal, plea deviation request to the prosecutor that requests a non-felony disposition to your case, or at least leaves the disposition open to the Court to make the decision.

    Again, with the stakes so high, you should reach out to friends and family members to see if you can borrow the funds to hire an experienced, Arizona-licensed criminal defense attorney. 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 
  • Will the state pick up my boyfriends case?

    I said he chocked me when the police came he said he did too. In the actual argument he was retraining me and while restraining me I was punching and hitting and he grabbed me to make me stop. It was only like 2 seconds at most. Will the state pic...

    Cary’s Answer

    More than likely, they will. To make matters worse, since you accused him of choking you, and he admitted to it, rather than not answering any questions and demanding to speak to an attorney first, he's looking at a FELONY.

    If he has any allegeable prior felony convictions, he's looking at prison. Even if he's a first time offender, he's likely looking at a substantial time on probation with a TON of domestic violence classes.

    Needless to say, your boyfriend needs an experienced, Arizona-licensed criminal defense attorney, and he needs him NOW. If he can't afford an attorney, he won't be appointed an attorney until he is actually arraigned, which could be months from now.

    Again, it's better to hire an experienced attorney sooner, rather than later. Many such attorneys, including myself, offer free, initial 30-minute consultations. Your boyfriend should strongly consider availing himself of one or more of these.

    See question