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Mark A Nermyr

Mark Nermyr’s Answers

18 total

  • Will he be reinstated its his first arrest on a probation violation

    my fiance was arrested for a probation violation he was supposed to go to rehab for dropping dirty u a s and so he went but the rehab wouldnt accept him cuz he couldn drop clean the po new that so my fiance called an let her know an all she said w...

    Mark’s Answer

    There is no way to know for certain. While it is his first arrest for a probation violation it is not his first violation. Every time he had a dirty UA he violated probation. My guess is he is looking at a minimum of 60-90 days in county. You are on the right path with gathering mitigation. Good mitigation can make all the difference. I often times retain a mitigation specialist to help present the information.

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  • Can someone's criminal case be discussed out & about in public and online before ever going to trial.

    Charged with forgery: Therefore at this point is merely an Allegation, have not been covicted. Can prosecutor converse with anyone other than in the courts any information about case at hand and or persons personal information. Reason for askin...

    Mark’s Answer

    I am sorry to tell you but the short answer is generally yes.. While it is not uncommon for attorneys to speak with people outside the court, including the media, if it causes you prejudice in any way you may be able to use that to your advantage. Try to get records of any and all of the out of court statements. I hope you get the care you need.

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  • Is it legal in the state of arizona for a officer to breathalize a 16yr old without a parent present? She was also handcuffed.

    My daughter was picked up 4 houses away from home and breathalized (she was at a .15)...not good. I just want to know my rights as a parent. Doesen't a guardian have to be present before they can administer the breathalizer? The officer did ...

    Mark’s Answer

    You only have the right, as a parent, to be present IF your daughter requests your presence. Arizona case law requires that the police read your daughter her "juvenile Miranda Rights". These are different that the Miranda Rights read to an adult. If the officer failed to read the juveline rights, the case can be dismissed. What was the officer's reason for stopping your daughter? There is no requirement that a female officer be present unless they are going to search your daughter. Your daughter will be appointed a public defender. Do not let her plead guilty unless her public defender advises her to. Do not let her go to court without representation. The judge probably will not allow you to speak for her in court. It can be very intimidating and a lot of young people panic and just plead guilty. Tell her to plead not guilty at the arraignment and request the assistance of the public defender.

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  • Probation officer is being unfair and i have no recourse?

    after a difficult decision to plead guilty to a crime i did not commit i went to check in with the probation dept fro a pre sentence report and was informed that the probation officer assigned to my case was out of town on training for at least a ...

    Mark’s Answer

    Call your lawyer ASAP. The sooner you appear in court the better. Your attorney should walk you into court and explain what happened. Most judges will understand as long as you do this immediately.

    As far as the lady at the probation department being mean and rude: I think they get bonuses for being nasty at the probation department. Sad to say but this is very common. I don't know why and I cannot imagine going through life being nasty to people but that is exactly what they are like.

    Call your lawyer!

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  • What is the sentence for second degree trafficking in stolen goods in AZ?

    Right now I'm sitting on 4 trafficking stolen goods charges (class 3 felony) and I am trying to get an idea of what is going to happen to me. I stole from my last job and traded it in for cash (made about $40 total) and after paying them back to a...

    Mark’s Answer

    Have you received a summons or an indictment?
    What stage in the process are you in? Arraignment? Pre-trial conference? Preliminary Hearing? Trial?
    You can probably get a deal that involves probation rather than prison. However, the key is to resolve the case(s) without a felony conviction. It is difficult to tell you "what is going to happen to you" without more facts. For example; has the state filed a 702.02 allegation; has the state alleged priors; did you make a statement to police; what are the "goods"; does the employer want you convicted?

    You can call my office if you want to discuss further.

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  • HELP! i am in a state of confusion with no hope in sight! i plead guilty (alfred) to a drug crime i did not commit now im stuck

    last year this guy asked if i would give him a ride to the casino in Prescott, he said a good friend wanted to repay some money he borrowed for his rent because he had hit a sizable jackpot at the casino. we both lived in peoria about 2 hours from...

    Mark’s Answer

    What is your question?
    Did you plead guilty?
    If you did not possess the meth, you are not guilty.
    Did the police drug test you?
    was there any paraphernalia in the car?

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  • Can you leave state with unsupervised probation. I am not from this state.

    I might end up getting 3 years unsupervised probation. Can I do it back home in Charleston SC thats where I lived for the past 11 years I only moved out to AZ for school. Which I am no longer attending.

    Mark’s Answer

    It depends on if you are being placed on probation by a city or the superior court. If it a city matter then you will be free to move back to SC. if on the other hand it is a case out of superior court then the answer is no.

    Currently there is no mechanism for unsupervised probation to be transferred to another state. If however you were to be placed on supervised probation you could apply for interstate compact. Interstate compact is an agreement between the probation departments in all 50 states that allows probationers to move without violating probation.

    Which court is placing you on probation?

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  • Can police search a vehicle if a traffic stop was not made pertaining to the vehicle?

    A friend and I were fishing on the lakes of a private upscale community. A resident called police. Police arrive and inform us we are on private property(trespassing) and ask's us for id. We cooperate, give the officer our, id's and he runs us ...

    Mark’s Answer

    The initial encounter and record check sounds rather routine. However, taking it to the next level by asking to search the vehicle is a cop with too much time on his hands. They can always ask to search and you can always refuse. If you refuse it will only heighten the cop's interest. The cop DID NOT have a legal basis to search the car without consent or a warrant. Simply having a criminal record does not give a cop reasonable suspicion or probable cause that anything illegal is ongoing. I hope nobody got charged with anything.

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  • Can police search property prior to obtaining search warrant, based on claim it was conducting/processing a crime scene/investi?

    3:20PM In our home, wife operates daycare. Wife called 911 when infant was discovered not breathing in crib in SW upstairs BR. Wife & two other parents performed CPR. 14 paramedics arrived and took over. Devistantingly, the previously ill infant d...

    Mark’s Answer

    Short answer is yes, this is pretty typical. But that does not mean it was legal. Often time’s typical police tactics are unconstitutional.

    If the police have a justified basis for entering the home without a search warrant anything they see in plain sight is legally obtained. Plain sight has been expanded to include plain smell. So if the police were in the house for an emergency and smell marijuana they can obtain a search warrant. They cannot however go into rooms that did not involve the original emergency without a search warrant.

    Our 4th Amendment Rights are under attack in this country and the Supreme Court has stripped the right down to its bones. It appears from the way the Supreme Court is going; a search warrant is the exception rather than the rule.

    If the police went and looked around the house before they obtained a search warrant you can challenge the evidence. If wife was sedated, any information gathered from her should be suppressed as well. Any and all statements must be voluntary, intelligent, and knowing. A person that is sedated cannot make an intelligent or knowing statement (unless the case is a DUI). The courts have consistently stated that police can lie to people as long as the lies don't contain promises or threats. Hopefully they recorded their encounter with wife (but I'd bet they did not).

    If you need any more assistance, you can contact us at

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  • Could I face criminal liability under AZ laws for having sex with a homeless lady

    I recently brought a homeless women back to my house for survival sex(she wasn't a bag lady she was in her 30's). I Couldn't go through with it. I am ashamed of myself for almost doing it obvioulsy. I gave her a bottle of asprin some water bottles...

    Mark’s Answer

    It will be ok. If something bad happens to this lady it is doubtful it could come back to you. As long as your fingerprints or DNA is not at the crime scene you would be fine. If for example (god forbid) this woman was raped yesterday: the government would need a witness pointing at you, or DNA on the woman, or something linking you to the rape. Almost everything we possess has DNA, or prints on it.

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