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- DUI & DWI
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Jurisdictions Admitted to Practice
- Sandra Day O'Connor College of Law, Arizona State University
- J.D. (2012)
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12 Questions Answered
- Q. How to resolve an open reckless driving from 13 years ago in NM if you are living in Phoenix AZ?
- A: Hello. You will need to contact an attorney in the city/town/county were the conduct occurred. Attorneys can only represent people in a State where they are licensed to practice law so it is unlikely you will be able to hire a local Phoenix attorney that is also licensed in New Mexico. You may be able to resolve this matter without having to go back to NM. Many courts allow for telephonic hearings when a defendant resides in another state. I suggest speaking with an attorney in New Mexico to get the best information. Best of luck!
- Q. Would petty theft of merchandise totaling less than $1,000 be charged as a misdemeanor or felony in the state of Arizona
- A: Typically "theft" under $1000.00 is a misdemeanor. However, shoplifting (even under $1000.00) can be charged as a misdemeanor or felony, regardless of value. A.R.S. 13-1805 - "A person who in the course of shoplifting uses an artifice, instrument, container, device or other article with the intent to facilitate shoplifting or who commits shoplifting and who has previously committed or been convicted within the past five years of two or more offenses involving burglary, shoplifting, robbery, organized retail theft or theft is guilty of a class 4 felony."
- Q. My friend got arrested today for shoplifting in Arizona. Will he be going to prison?
- A: Shoplifting can be charged as a misdemeanor or as a felony depending on the facts of the case. If it is charged as a misdemeanor your friend faces up to 6 months in jail. If it is charged as a felony, your friend could be looking at serious prison time since it appears he has prior felony convictions. If charged as a felony, it would be a class 4 felony and he can face somewhere between 2.25-15 years in prison depending on his criminal history and convictions. Your friend needs the help of an experienced criminal defense attorney. Most attorneys, including myself, offer free initial consultations. Set one up! Best of luck
- Q. How would i go about dropping a order of protection through the courts I've written letters and nothing please help
- A: Only the judge can dismiss the order of protection and a hearing is often required to do so. I have included a link to the forms used in AZ courts for Orders of Protection. Go to page 17 and use the "Request" page to request the court dismiss the Order. You will have to explain why you want the Order dismissed. After you submit the paperwork, the court usually sets a hearing that will you will have to attend. Hope that helps! Best of luck! https://www.azcourts.gov/Portals/33/DV/AOCDVPO.pdf
- Q. If i was pulled over for a crime i did not comitt and was patted down and searched and found marijana can i be charged
- A: Hello and thank you for the question. If the initial stop and detention were unlawful, you may be able to successfully defend the possession of marijuana. However, such a challenge relies heavily on the facts of your particular case. A lot more information is needed to give you the best answer. I suggest setting up a consultation with an experienced criminal defense attorney to discuss your specific case. Most attorneys, including myself, offer free initial consultations. Set one up! Best of luck
- Q. My son is 20 is going to graduate from college, works, has his own car, apparment. Excellent kid!. He has a court order
- A: Hello and thank you for your question. Because your son is charged with a felony, he will be appointed an attorney if he cannot afford one. In terms of possible outcomes, it is unlikely your son will do any jail time but making sure he has a clean record is very important for his future. I cannot speak about the possibility of a dismissal without knowing more about the case but it is possible to resolve these types of cases with a diversion program. Such a program may include classes, drug testing, etc. However, once the program is completed, the charges against your son will be dismissed. Your son needs the assistance of an experienced criminal defense attorney. I suggest setting up a consultation to discuss your son's situation in greater detail. Most attorneys, including myself, offer free initial consultations. Set one up! Best of luck.
- Q. In felony murder cases, does everyone involved get charged or can prosecutor pick and chose who they want to charge?
- A: Prosecutors make charging decisions based on the evidence. If there is sufficient evidence all parties were involved, then all parties will be charged. In a typical felony murder prosecution, all "confederates" (actors in the original crime) are charged.
- Q. Need a lawyer to get off probation Have been out 3 yrs no police contact, following all probation regulations.
- A: Hello and thank you for the question. You can hire an attorney to file a Petition to Terminate Probation (you can also file the motion yourself). Such as motion is typically appropriate after you have finished at least 50% of the probation time, stayed current on fines and fees, and have remained out of trouble. The cost for such a motion varies by attorney. I suggest setting up a consultation to discuss your situation in greater detail. Most attorneys, including myself, offer free initial consultations. Set one up! Best of luck.
- Q. What does it mean if the Court of Appeals sets a hearing date, then vacates it’s previous order & declines jurisdiction?
- A: It means they are declining to hear the Petition for Special Action and whatever order was appealed will stand.
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