My wife was arrested for disorderly conduct and assault, both as misdemeanors. She has never been charged with a crime nor arrested. This was a culmination of things she was experiencing (heath issues following a recent miscarriage, her dad's heart problems), totally out of character. She is in school to get her medical assistant certificate. What can we do to have a chance at dismissing these charges?I was the "victim" in this matter
As noted the charges are misdemeanors. The real issue is avoiding a conviction. In addition, she has no licensing requirements as she is only a student. But any conviction will certainly cause issues for employment. Most municipal courts will permit her entry into a diversion program. However, Surprise may or may not do so. If the matter is in the justice court, then diversion is not normally possible. You need to consult with counsel asap.
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Thank you for the question and comments. There are numerous questions here that any competent counsel would need to ask: 1) has she been offered a plea agreement? If so; 2) please ask an attorney to review it (insist upon a free review). And; 3) have you, your wife or an attorney already approached the prosecution and noted your objection to the prosecution?
The prosecutor, given your details above does not need the testimony of a victim but it is usually quite helpful. While prosecutors do their best to protect our communities, they also are not inclined to chase losing cases. The presentation of the facts of your case and any possible mitigation BEFORE the plea closes or trial is critical.
Talk to an attorney. Insist upon a free consult. We have worked with clients in similar situations who, through an assault of DConduct charge faced much more than just the normal sentence (I.E. - threat to a professional license, etc.)
Scott A. Mac Leod is licensed to practice law in Arizona. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney. Scott is an active practitioner of FAMILY, CRIMINAL, CIVIL and bankruptcy law.
I have had to deal with this issue a couple of times...mostly when I was a Juvenile Prosecutor.
It appears that your wife was only "arrested" by law enforcement and they did not follow up with submitting it fore review by the city or county prosecutor's office*. (*based solely on the information provided*)
The other attorneys have given you good guidance...just know that unfortunately your wife's arrest cannot be erased. Arizona allows for certain convictions to be "set aside", but we do not expunge records here in Arizona. Some states do. So long story, short...her arrest will always be part of her criminal record. It really does not mean anything, as many arrests end in the charges being dropped. However, the Department of Public Safety provides the FBI records from Arizona that list all law enforcement contact and her arrest will always be there. As was pointed out, if she has "no convictions" then it should not effect her licensing or student loans. Also she can state on a job application that "she has never been convicted of a crime".
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