So I was 17 when I got a DUI, and I was told I would be charged as an adult and to wait for my letter when I turned 18 I got the letter saying that my case has been changed to the adult courts and I will be getting a court date soon, so It almost ...
You are most likely going to be fine. The State can wait until you are 18 to file the charges. However, for a misdemeanor DUI there is only a 1 year statute of limitations. Meaning they can't charge you after 1 year from the incident. They probably decided not to charge you with the offense. If they eventually do charge you, hire a DUI attorney as soon as possible.See question
I have recently gotten into trouble and am facing court dealings. For some reason instead of going by my current married name (technically I'm a widow) they are using my ex husbands last name, one which I havnt used in over ten years. I've told bo...
A simple motion to modify the caption to reflect your correct name is needed. This should be completed in writing by your attorney. Otherwise, if completed by oral motion, the court and prosecutor may forget the change.See question
Should he withdraw from the plea and if so what will he be facing? He plead guilty to Count 70 Possession of Narcotic Drugs for Sale (Cocaine). With only the CI's testimony and the Detective's testimony that he commited this crime. On top of my hu...
If the plea was not accepted by the court, he can withdraw at any time prior to the court accepting the plea. If the court accepted the plea, he can only withdraw based upon a manifest injustice. He really needs to discuss withdrawing from the plea with his attorney. If he has a 70 count indictment (perhaps more charges), then the plea may be a way to resolve the case even if this particular charge may be lacking in evidence.See question
Last night, I received a knock on my residence hall door, and when I opened it I was greeted by a friendly police officer. He informed me that my room smelled of (not burning) marijuana, and asked me to surrender anything I might have. I cooperat...
Without any doubt, obtain legal counsel. A drug conviction may affect your ability to obtain certain licensing. Your criminal history will be checked by your licensing board. Possession of Drug Paraphernalia, as a misdemeanor, is a class 1 misdemeanor. Assuming you have no prior convictions, if convicted, you will only get probation, a fine, and drug counseling. However, the goal should be to avoid any conviction.
Stephen R. Glazer
Board Certified Criminal Law Specialist By The State Bar of Arizona
Asking because I read that under Illinois law it is not a conviction, but under federal law it is. Exactly what will it read on my background check? What steps do I take if does come up as a conviction?
I don't know Illinois law, I'm an Arizona attorney. The only way to be on court supervision for a DUI in Arizona would be a form of probation. In Arizona, to be on probation for a DUI you would have to have a conviction. In Arizona, there are no deferred prosecutions or diversion programs for DUI's. However, if in Illinois you were never convicted of this offense and were never placed on probation, you can honestly say that you have no convictions or were placed on probation.
Police agencies are to report all arrests and courts are to report all case dispositions to a Federal agency, which creates a report called an N.C.I.C.. I don't know if your employers will have access to a N.C.I.C.. Odds are, if your employer completes a thorough criminal history check, the incident will be found.
Although you may not want to, if you have any doubts, disclosure the issue to your employer. I find that most employers will be harder on employees hiding criminal history than if the employee would have disclosed the conviction and been up front with the employers. Good luck.See question
My son is pulled over in my vehicle. pot and a pipe is found in his possession. He admits getting it and smoking some. He also tells the police where he got it including the persons names and address. There was not any testing done at all includin...
The State may charge your son. It's completely within their discretion. They may feel that your son's cooperation was of value and not pursue prosecution. Most likely, he will be charged with possession of marijuana and drug paraphernalia. Possibly, also a DUI - Driving While Impaired to the slightest degree. Since no blood or urine was obtained, he should not be charged with DUI - Drugs.
Since your son is only 17, he may be prosecuted as a juvenile. This is also within the prosecutor's discretion. If this case is pursued, hopefully it will be pursued in juvenile court rather than as an adult. However, the State can wait until your son turns 18 and then prosecute him at that time.See question
The officer asked him of he was under the influence of marijuana and he admitted he was.He was busted with marijuana and marijuana paraphernalia. The officer arrested him and he was set to the task force command center. The officer said he will be...
A summons is likely to issue when the blood results are received and if it shows the metabolite of THC in his system. He is likely going to be charged with DUI - Drugs (A.R.S. 28-1381(A)(3)) and depending on the facts, also potentially DUI - Driving While Impaired to the Slightest Degree (A.R.S. 28-1381(A)(1)). Your friend cannot force the case to move more quickly, only hire a good attorney as soon as possible in anticipation of the charges.See question
Have been on supervised probation since June 2011. I have complied with all requirements and have had no violations or dirty drops. I did have a slip a few months back and was honest with my PO. she gave me a break and asked that I attend addition...
Although you are not committing another criminal offense, you are violating your probation. If you violate your probation, your consequences can vary but you can be incarcerated for whatever time period your underlying offense provides. If you want to avoid incarceration, don't violate your probation.
I don't know your probation officer and don't know if he/she will give you another break. If you are honest with your probation officer and admit to violating your probation, and ask for more help, he/she may be sympathetic and give you another chance. However, if you admit to violating your probation, that admission can be used against you at a probation violation hearing. There is no easy answer to this question. If you think your probation officer will give you another chance, reach out to him/her for help. If not, I would not make an admission.See question
I was given permission to travel to AZ but I have not been able to find a job to transfer my probation to the state of AZ and face violation of probation originating from North Dakota.
This is a very difficult question to answer. I am not licensed in North Dakota and don't know any North Dakota law. However, it is an expensive process to extradite a person from across the country. In Arizona, typically a person will not be extradited from across the country for a misdemeanor warrant. There are always exceptions. It depends on the prosecuting agency and the court to determine the type of warrant that was issued.See question
I missed my probation appointment after being ordered to go to treatment?
This is a very difficult question to answer. I am not licensed in Minnesota and don't know any Minnesota law. However, it is an expensive process to extradite a person from across the country. In Arizona, typically a person will not be extradited from across the country for a misdemeanor warrant. There are always exceptions. It depends on the prosecuting agency and the court to determine the type of warrant that was issued.See question