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| He said/she said |
| Other Crimes – Federal and State |
| I have been involved in a Domestic Violence Assault case. The police said it was a he said, she said thing. The police said there were no visible injuries, no witnesses. The police did not arrest me or charge me with anything. The police said that they have to do a report and give it to the City Prosecutor for review. In any of your experiences or opinions what do you think he will do with this?
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| statue of limitations |
| Drunk Driving / DUI / DWI |
| What is the name of your state (only U.S. law)? New Jersey ...I was convicted of DWI in 2005. Sentence was jail and rehab. I never went and moved to Arizona. Is their a statue of limitations for this crime? Can I move back after 7 yrs.?What is the name of your state (only U.S. law)?
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| No probable cause for the stop? |
| Arrests, Searches, Warrants & Procedure |
| I was pulled over by police for no reason other than my car matched the description of a car that was used by somebody in some kind of assault. The description was a new looking silver Honda Accord. No license number was given and there are about 40 billion silver Honda Accords in the area. Can they just pull me over based on nothing accept that? I am not guilty of that crime, but they gave me a ticket for having an open container in the car (empty beer can). Can I have the ticket thrown out because there was no probable cause?
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| Dishonor Plea Bargain. |
| Sentencing / Parole / Pardons / Plea Bargains |
My wife was found to be using a Mexican driver's license when there was no way she could have gotten one. She was brought here as a child from Mexico. So as with all other illegals stuck in between systems. She needed some form of ID. She obtained a Mexican ID and was charged with False ID. A class 6 felony. Her plea bargain was that if she completed 6 months of probation sucessfully, and did not remain in the country illegally she would be able to get it reduced to a misdemeanor. She completed her probation and we have been in the process of immigration and naturalization and she has had temporary status in the United States the through courts. So therefore she is not remaining here illegally. Our lawyer submitted the motion to honor the plea agreement but the Judge denied it on the basis that she is still here illegally. We are supposedly trying to resubmit it. I cannot get a hold of my lawyer for the life of me. To the point where it feels like he is avoiding us. I have 2 questions:
1.) Is the the Judge allowed to deny a motion based off the fact that she is still here trying to fix her papers? Doesn't seem based on fact but more on Bias and racism.
2.) If I cannot get a hold of my lawyer to find out what is going on, is there any kind of recourse I can take? I.E. Sue for Legal Malpractice. Report him to the bar?
I am a service member fighting for your freedoms please be respectful of that I am being deployed in Support of Operation Enduring Freedom. We had a chance to get the immigration case settled at the Judge's advice by writting a letter to prosecutor asking for prosecutorial discretion. That request was denied and I the only reason I could come up with it being denied is because she had a felony and not a misdemeanor. After all if someone deploying to a war-zone won't change your mind what will. Any and all advice would be greatly appreciated.
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| Restraining Order |
| Juvenile Law |
| I just turned 18 in sptember 13th and my girlfriend is 17 and turns 18 next July. We broke up for a day and we got back together and her mom got all pissed about it. She called the school and threatened to put a restraining order on me if i didn't stop talking to her daughter or dating her. Our relationship is non-violent never has been nor threats of violence. She wants to be with me and I want to be with her. We have been together for 1 year 6months. Is the mom allowed to put a restraining order on me and forbid me and her from seeing eachother. Im in AZ.
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| Minor in Consumption, ARS 4-244.40 |
| Arrests, Searches, Warrants & Procedure |
Hi,
My son was at a birthday party at someone's house and the neighbors called the police. He is 19 (almost 20) and was charges with Minor in Consumption ARS 4-244.40. He blew a .10 in the breathalizer. He has never committed any crimes and is a good student attending college. What is the likely penalty he will face when he goes to court in a few weeks? Is there a way that he can ask for something at his arraingment that he can do and once tha that is completed have this charge dropped?
Thanks.
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| Arrested for marijuana possession |
| Drug Charges |
First off, I live in Arizona and this is the first time I've been arrested.
Now, I was pulled over for speeding and the officer said he could smell pot and wanted to search the car. He told me if I didn't let him he was going to have a dog come in and it was going to tare up my car whether it found anything or not. So, I said he could search the cab of the car. He went through the cab, then went in the trunk and found the pot (a few little baggies worth) in my bag along with some paraphernalia. At that point he arrested me. He didn't pat me down or search me, I don't know if that matters or not. He read me my rights and we waited until the tow truck came to tow my car. I ended up telling him I had a knife in my pocket and he took it. We then went down to the police station and he asked me about what he found. I answered his questions and he had me pee in a cup which he tested there (which was positive for THC) and said he was going to send in for analysis as well. He told me I would be contacted with in the next few months for an arraignment or something since the court is so backed up. He then took me back to my house, gave me back my knife, and let me go.
At no point during the night was I put in a cell. I'm pretty sure I wasn't booked because they didn't take my picture, or fingerprint me, and I didn't have to post bail or anything.
Now I was wondering what should I expect? Since he let me go that night without any bail or anything, did he take pity on me and just let me go? Or, should I really expect something to come in the mail in a few months? Also, if I do go to court for this what kind of sentence am I looking at? Is there any way I can complete the sentence and have it erased from my record? Also, is there any way I can get a copy of the police report before going to court?
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