One prior DUI, no one was hurt.
Unfortunately if you were convicted of Aggravated DUI as a Class 4 felony it cannot be reduced to a misdemeanor.See question
There was NO child or children with,near or by him That was all he recieved was the one ticket, Why would it say Victim:Crime Against Child on the ticket?
It may have been an error by the officer. Driving on a Suspended License is a victimless crime. Once he goes to court, he can find out why that was put on there.See question
Michael Kielsky, Esq. wrote on AVVO, respecting a REDFLEX photoradar ticket, that a challenge to the court's 'personal jurisdiction' should be made "AFTER the case is filed ... but BEFORE service" or even before it is sent out for service. Furthe...
First of all, if you received a photo radar ticket in the mail, then my advice would be to ignore it. The court must serve you properly (by process server or by certified mail with a signed receipt) in order to start the court case against you. Many jurisdictions don't do that because it cost too much money so they are betting on people just paying the ticket or showing up after the initial notice. Wait until you served properly before addressing any issues with the court regarding statutes. If you file something now then you will be waiving the service issue.See question
I've never been introuble with the law my first time
You may be eligible for "diversion." Diversion is a program for first time offenders where you are given the opportunity to have the case dismissed if you complete assigned classes. However, if you are offered this option and choose to do it, make sure that you make every effort to complete the classes. A missed class could get you booted out of the program and they don't give second chances. Good luck.See question
He has 8 months on the vop and 1 on the new case, Will they give him all the back time or the back time for the new case only? and he wants to be sent to a treatment yard can the judge send him? his presumptive is a 1 on both cases
If the judge gives him concurrent sentences (sentences running at the same time), then the judge will give 8 months of credit on the probation case and 1 month of credit on the new case. The judge cannot give credit from his probation case on his new case because he didn't serve it on that case. If, however, the cases are consecutive (one running after the other) then the probation case should be served first where he will get 8 months credit but no credit would be given on the new case because the time spent in custody on both the new case and the probation case was already applied to the first case on a consecutive sentence.See question
My boyfriend just started an 8 mos sentence at the Estrella Tents. His lawyer and the judge indicated in court that he would be eligible for a two-for-one, meaning that if he worked a job in jail and had good behavior, he would be released after 4...
Speak with your boyfriend's attorney. If the attorney made a mistake in what he told your boyfriend, he may be able to file a motion with the court explaining the circumstances and requesting that he be given the 2 for 1 option. Typically, eligibility for 2 for 1 is determined by how the judge writes the sentencing order. If the judge puts an end date then the person is not eligible for 2 for 1. If the judge does not put an end date (for example just writes "8 months") then the jail can put them in the 2 for 1 program.See question
I recently completed my probation, my crime was unlawful flight I took a plea agreement and completed my probation term with no violations my undesignated felony was dropped to a class one mistermeanor I was wondering if I had a chance of getting ...
Under Arizona law, your gun rights are automatically restored once the conviction is designated a misdemeanor as long as you don't have any other felonly convictions.See question
I was picked up in 2004 in Az for forgery of bad check(printing them) I owed 35,000 in restitution. Now I want to resolve this and get my passport. Can someone tell me What to do and the likely outcome? I haven't commit any crimes since an...
You definitely need to hire an Arizona attorney. I have no doubt that you have a probation violation petition and a warrant on the case. The attorney can likely get the case reset back in court and get you in touch with a probation officer who will need to speak with you to prepare a current report for the court. An attorney may be able to negotiate with the prosecutor to allow you to be terminated from probation with payment in full of the restitution. Jail time is a possibility but it may be able to be reduced substantially or deleted by your voluntarily coming forward and paying all of the restitution. This will not go away so the sooner you deal with it then the sooner you can get to your father.See question
This felony is for a 25year old possesion charge of marajuna. he spent a year in jail and paid restitution and all fines that occured, This is preventing him form finding a job
Arizona doesn't expunge, however, your husband may be able to get his conviction "set aside and dismissed." What you need to do first is go to the court records department of the court where your husband was convicted to look in his case file. Get a copy of the plea agreement and the sentencing document. These will tell you whether he can even get a misdemeanor. Once you have the documents, call a lawyer so they can advise your husband on what to do next.See question
I paid the fine last week (5/2012) by mail. 1.) How do I have the warrant removed? 2.) Can I do it myself without having to go to jail?
Typically, a warrant that was issued for failing to pay the fine is resolved once the fine is paid. You need to call the court where the warrant was issued and make sure that the payment of the fine resolved the warrant and the warrant is no longer out there. If the warrant is still showing, ask them to tell you why. You probably want to speak with a lawyer if the warrant is still showing.See question