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Q: What Is The Statue Of Limitations For A Misdemeanor Dui Refile: Person Was Arrested For A Marijuana Dui, A-1 Or A-3. It Was Dismissed Without Prejudice. What Is The Statute Of Limitations For A Refile? Is It 1 Year From The Arrest Or Dismissal?

Asked 2 months ago in DUI

A: Ryan’s answer: In general, the State has 1 year to file charges once they become aware or should have become aware of the misdemeanor being committed. Once a misdemeanor case is dismissed, the prosecutor may refile within 6 months of the dismissal, even if that six month deadline is more than a year past the date they became aware of the offense.

Answered 2 months ago.


Q: What Can I Do About Pending Charges That Are Showing Up On A Background When I’ve Not Been Convicted In Arizona?: I Have 3 Pending Charges That Are Misdemeanors And I Have Yet To Be Found Guilty For Them At All At This Time. I Lost My Job That I Had Lined Up After They Found Out They Are Showing Up On My Background Check, I Have Been Trying To Find A Job But Can Not Find Because Of The Pending Charges What Can I Actually Do, Now I Am In A Financial Bind Since I Had Been The Main Provider. Please Help

Asked 3 months ago in Criminal Defense

A: Ryan’s answer: In similar situations, I have written a letter to potential employers explaining that the charges are merely allegations. Depending on the facts of your particular case, it may be possible to explain the circumstances in a way that mitigates the concerns a potential employer may have. Mr. Allen is correct though, in that there is no way to completely conceal the fact that you have charges pending.

Answered 2 months ago.


Q: Does My Son Need A Lawyer Before Talking To The Police: My 17 Year Old Daughter Has Accused My 18 Year Old Son Of Molesting Her 3 Years Ago. She Has Spoken To A Detective And Now The Detective Would Like To Speak With My Son. He Has Not Been Formally Charged With Anything. Does He Need To Have A Lawyer Present When The Detective Talks To Him?

Asked 3 months ago in Juvenile

A: Ryan’s answer: Once your son is charged, your daughter will essentially lose control over what remedial measures are appropriate in this situation. Since your daughter was 14 at the time of the alleged molestation, your son could be facing charges that could potentially require your son to spend the rest of his life in prison. This is a fact that often shocks families who seek law enforcement to help resolve these issues. Arizona law makes no distinction between old and young sex offenders in terms of the mandatory sentencing rules that judges are bound by. For each count of molestation that is proven, your son would be facing 10-24 years. For each count of sexual conduct with a minor, your son would face 13-27 years in prison.

If your son is actually guilty, there may be an appropriate time to confess and seek forgiveness, but the interrogation he would endure with police is certainly not that time. Police are often good at convincing suspects, especially young ones, that confessing is in their best interest. Suspects then confess because the police treated them in a manner that convinced them that confession might lead to the state just letting it go. Most often, this is a manipulation technique that officers are trained in. They are simply trying to get evidence to make the case as easy as possible to prove so they prosecution has leverage against them once charges are brought. While prosecutors are supposed to simply seek justice, what your family and the prosecutors believe is just in this situation may very well be miles apart. At the end of the day, the prosecutor has the final say in what the plea should be. A defense attorney has much more leverage to work out a reasonable plea agreement if your son has not confessed to police than if he has.

If he is not guilty, an attorney may be able to review the case and formulate a plan as to how to minimize the chances of charges being filed. Even if your son is innocent, he should absolutely never talk to police without a lawyer as he may still make mistakes in how he answers questions that make him appear guilty, and police are trained to elicit incriminating responses.

Answered 3 months ago.

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