In October, I was arrested for my 3rd Minor in Consumption Ticket as well as public sexual indecency (intercourse). I spent the night in jail and was released the next morning, and the case was given a continuance. I believe the next date I was given is a Pre-Trial conference. As a 2nd degree misdemeanor, I am aware that I could face up to $2500 in fines, zero to six months in jail, and probation. I mostly would like to know the likelihood of receiving jail time.
I believe there are more issues at play here than just possible jail time. I would strongly encourage you to speak with an experienced Arizona Criminal Attorney about this matter either on the phone, or in person. Most attorneys, such as myself, offer free consultations and weekend and night appointments.
Please do yourself a favor and consult with an experienced criminal defense attorney (or two) before returning to court. If you cannot afford private counsel, request court-appointed counsel. Don't go it alone. I promise you, the prosecution is represented by an attorney. You need to even the playing field or you'll be wearing pink underwear and eating bologna sandwiches longer than you would like to.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
In Arizona the penalty you described is for a class one misdemeanor. A class two misdemeanor carries a penalty of up to four months in jail and a maximum fine of $750. You should be represented by a criminal lawyer as a conviction could have severe consequences. If the court determines you are indigent and there is a possibility of a jail sentence you are entitled to appointed counsel at the court's expense. If you are not facing a jail sentence either by the government or the court you will not get appointed counsel and if you desire representation under these circumstances you will have to hire your own.
There are a few possible scenarios at your next hearing. It is difficult to say whether you are facing jail time, but it will depend on several variables. Given the information you provided, it is definitely a possibility. It would benefit you to sit down with an experienced defense attorney ahead of time to get a good idea of what to expect and what your options are. Many provide free consultations.
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