A: The simple answer to your question is to have a consultation with a lawyer and eventually hire a private defense firm to represent you.
This is very important because it is very common that situations like this happen and you are going to want private attention with a lawyer who is there to represent you. In these situations, it is likely that the police found something that they were able to associate with you, which is why you were charged. The drug possession laws are very loose in the sense that it is easy to charge someone with a crime as long as you are within the proximity of the item in question. That may seem very unfair, but that is the reality of the Arizona justice system and is why you need to hire a private Arizona lawyer.
A: Hello! Getting arrested for fraud/theft is always going to be a sticky situation because there are so many factors that will contribute to the type of legal advice I can give.
First and foremost, I recommend speaking with us to have a free consultation so we can go over the specifics as it is not a good idea to post any more about your situation online.
Secondly, I can give some general advice about what usually happens in these situations. The fact that you were arrested and not charged is very common. It is very likely that this all is not just going to go away. What is commonly happening these days is the charges are being submitted to the prosecutor after you have been released so you will be charged at a later time. Likely the prosecutor will have 7 years to decide to charge you based on the amount that was supposedly taken and if there are other felony charges they can combine with this event. This is another reason to have a consultation.
Finally, the best advice I can give is that if the money that was in your paycheck was actually obtained by theft or fraud, then I highly recommend not trying to get it back. Getting it back could only be used against you in a negative way. Conversely, if the money was actually yours and this whole thing is just a big misunderstanding, then absolutely, you should be contacting the police department that arrested you and request your property back.
Once again, probably best to have a consultation and hire us for a pre-file case representation so we can do some of the heaving lifting for you and protect you from getting in trouble twice.
A: Yes! Once you have completed ALL requirements for your DUI conviction, then you can apply for a Set Aside. All requirements means you have completed the jail, counseling, IID (if ordered in an extreme DUI), FINES, and anything else ordered by the judge. Usually most people are on a payment plan for the fines at the time they apply for a Set Aside. If the fines are not completely paid off, then the application will be denied. Remember, this is an application process and is not automatic. There are some requirements about whether you have applied for prior Set Asides and some other disqualifying reasons that a judge will not approve a Set Aside. In a perfect world, the day after everything is complete you can submit the application and the judge will approve it. If the judge doesn't approve it, the typical reason is likely that not enough time has passed from the date of conviction in order to show rehabilitation. We don't agree that this is a good reason for the judge to deny an application and have a way of handling them if that happens. You can do this application yourself if you really want. I recommend that you hire a lawyer to complete it for you so you know it is being submitted properly and accurately so you don't have the headache of whether you did it right or not. We can also monitor the status of the application for you as the process can sometimes take a few months. At the end of the day, when the Set Aside is granted it will be worth it!