My search warrant stated that it was returned on the 16th of February 2016 . It was executed on the 10th of February 2016. 1 day late of rule. First, they didn't leave a copy of search warrant. . My boyfriends lawyer sent a detective to that court...
The courts RARELY impose any sanction against the police for not returning the warrant within the 3 days. The other issues raised in your post however may lead to something. If you can prove the detective was less than honest with the court a judge may suppress evidence. Courts do not like to be lied to even by the police. Sounds like your boyfriend's lawyer is making the proper record via the paper trail. Unfortunately unless you can show some dishonesty or prejudice a late return will not get you very far.See question
I was caught trying to shop lift but I wasn't charged and later receive a letter in the mail stating that I owed restitution of the amount of $250.Ive played it off but I'm concerned that my probation will find out.
Paying the $250 civil sanction will unlikely cause your PO to find out.See question
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...
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.See question
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...
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.See question
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 ...
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.See question
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 ...
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!See question
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...
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.See question
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...
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?
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.
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?See question
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 ...
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.See question