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Kristen M Curry
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Kristen Curry’s Answers

84 total


  • After the judge signs an order that terminates probation can the probation office still drug test you?

    two different cases, judge has signed off on one case already (the more severe of the the two) waiting for her to sign off the other. Wondering how final the judges word is. Ive been clean and completed everything necessary. Once the judge signs ...

    Kristen’s Answer

    Once you are completely off of probation on all cases, the probation officer cannot make you do anything because you are no longer on probation. They have absolutely no power over you. Until that judge terminates you on the second case, however, you are still on probation so make sure you continue to do what is required of you until then.

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  • My boyfriend was order to 60 days in jail by a judge. Two days later, the city filed an order that he be released from custody.

    The prosecutor switched judges at last minute. The new judge ordered him to 60 days for a probation violation. The judge that had been on the case from day one order that he be release from custody immediately. Now he has "status conference" in...

    Kristen’s Answer

    I've got to say that the scenario you mentioned is unusual in my experience and it is hard to say what may happen. I suggest that your boyfriend show up at the status conference. If he doesn't he will have a warrant issued for his arrest and he will make things worse for himself. Since the judge familiar with the case released him, maybe he thought the sentence was too harsh. No matter what an attorney needs to help him on this one. Typically a person hires an attorney or the court will provide a public defender if he cannot affort to hire his own.

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  • How can you file a motion to be released because time served

    My brother got sentenced for 2 years and 3 years paroled but was already in jail waiting on another case. Her served his time but got 6 years on the other case so when his 2 years were up he never did parole because he was still serving time for ...

    Kristen’s Answer

    Parole time is calculated by DOC and is not something a judge is involved with. Parole has to be "earned" with good behavior in jail, etc. so there could be a reason that your brother is not getting paroled. Without knowing all of the factors, it is difficult to tell you why they want to keep him an extra 3 months. It is my opinion, however, that a judge would not intervene on this issue. Sorry.

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  • I failed my drug screening classes for not showing up what punishments am i faceing

    i only have two things on my record disorderly conduct and possesion of marijiwana i failed because i have been working i recently got my own apt and i lost tract of the process for the fact ive been a dad for the past five months and chances of m...

    Kristen’s Answer

    Did you fail out of a TASC drug diversion program or was the drug classes ordered by the court after you were sentenced? This makes a difference. If you failed to complete TASC then expect to get a summons in the mail telling you to show up for court because the prosecution will go forward. If you failed to complete the drug class after sentencing, then you likely have a warrant out for your arrest. Either way, you probably want to call an attorney so that they can help you address the situation.

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  • What do you have to do to get a charge of burglary in the 3rd, and an unlawful entry?

    my bro-n-law just got arrested for that, but is explanation is so lame, plus nothing he says is believable

    Kristen’s Answer

    Burglary in the 3rd degree is defined as entering or remaining unlawfully in a non-residential structure or in a fenced commercial or residential yard with the intent to commit a theft or a felony therein. It includes breaking into a car.

    Burglary in the 3rd degree is a Class 4 felony.

    Unlawful entry is "criminal trespass" and means to enter or remain unlawfully. The degree of criminal trespass depends on whether it is a residential or non-residential structure. If it is a residential structure then it is a Class 6 felony. If it is non-residential, then it is a misdemeanor.

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  • What's the best way to find out if I have an active warrant in Arizona?

    I have searched the maricopa database. My information(name date of birth) has been run before in California and nothing came up or they didn't search outside the state.

    Kristen’s Answer

    You can actually call the Arizona DPS warrant line at 602-223-2233. They should be able to tell you what court has issued a warrant if you have one.

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  • At end of 12 month suspension for refusal to blow, will there be any restrictions on my license?

    DUI dismissed but got the refusal to blow suspension. Will I need special insurance, interlock or anything like that?

    Kristen’s Answer

    You should be able to just pay the reinstatement fee and not have to do anything else. You can pay the reinstatement fee by credit card at the MVD website at www.servicearizona.com.

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  • Charged with DUI in Arizona, Michigan resident

    I am a resident of Michigan, and have gotten a DUI in Arizona. I previously have a DUI in Michigan about a year and a half ago. My first question, is will this count in the state of Arizona, as a 2nd, or 1st DUI? My second question is, what will...

    Kristen’s Answer

    If you ignore it, the court will issue a warrant for your arrest and Michigan will likely suspend your driver's license until you address it. Presuming it's a misdemeanor charge (it would be a misdemeanor if you received a citation), Arizona does not extradite on these warrants. Whether it's treated as a first or second offense can depend on whether the prosecutor discovers the other DUI and whether they can prove it. I suggest that you speak with a Phoenix attorney about all of the ins and outs of your case. Then you can make an intelligent decision on what to do.

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  • If i borrowed a car and it ended up being stolen can i be charged with theft of means of transportation...i had the keys

    my sister actually borrowed the car so I could take her to the airport I didnt see the guy who lent us the car...the car had fake plates and was reported stolen a couple months prior to me getting pulled over...I had the keys and did nothing to ca...

    Kristen’s Answer

    The theft statutes require that you either knew the car was stolen or had reason to know it was stolen. If you did not admit to knowing the car was stolen, then the prosecutor would need to produce evidence to show that you had reason to know. Driving the car with a key is good evidence in your favor. The fact that the car was stolen several months ago could mean that the car changed hands many times before it got to you. You may also have a challenge to the traffic stop. You really need to speak with an attorney who can advise you in more depth. There seem to be some good defense facts in your case.

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  • I was acused of something 8 years ago when I was 14. some kind of sexual act like fondling a yonger kid.

    I went to a detective who asked me these questions and ditermined that there was no evidence and no witnesses so it was dropped. can the family who said this accuse me again for the same exact thing 8 years ago?

    Kristen’s Answer

    I am a little confused about when you spoke to a detective but it sounds like you spoke with him when you were 14 years old correct? In fact, there is no statute of limitations for sex offenses. Even though the offense was allegedly committed when you were 14 years old, the prosecutor still has the ability to file charges against you in adult court. Will that realistically happen? Probably not but you need to make sure to protect yourself. If the family tries to re-initiate an investigation and an officer tries to question you again about his situation, you need to immediately tell him that you will not answer any questions without an attorney. Do not engage in any conversation with the family or supposed "victim." Often, police will try to have the victim call you and they will record the conversation. They try to get you to admit something. Do not engage in any converations about this. Good luck.

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