Nothing on this site should be taken as legal advice for any individual case or situation. Viewing this information does not create an attorney-client relationship. Do not send the firm confidential information. This website is governed by the Arizona Rules of Professional Conduct.
Interference with Judicial Proceedings Premier Criminal Defense Attorney in Phoenix Interfering with judicial proceedings is a class 1 misdemeanor mostly attributed to a violation of an Order of Protection or Injunction Against Harassment. Consequences of Interfering with Judicial Proceedings There are a number of potential consequences for a Interfering with Judicial Proceedings conviction. Thousands of cases won View Our Victories. View All Reviews.
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Are you a new client? Yes, I am a potential new client No, I'm a current existing client I'm neither Please make a selection. Please enter a message. I have read and agree with the disclaimer I have read the disclaimer. Contact includes any type of communication made to a victim either through yourself or a third party. Unless and until the Court specifically grants permission to resume contact with the victim, you are not to contact the victim under any circumstance.
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If you initiate contact with the victim, it can result in additional criminal charges. Q: When can I return to home after being charged with domestic violence? A: In many domestic violence cases, the Court will make an order disallowing you to return home where the victim also lives there. The Court does this in the abundance of caution.
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The last thing a judge wants is for a Defendant to return home and commit another criminal act. Q: Is there a way get permission to return home? A: Yes. A defendant, or defense attorney, can file a motion to modify release conditions. Whether or not the Court grants such a motion is highly dependent on the underlying facts, victim input, and prosecutor input. Typically, if the victim wants the Defendant back home, and the underlying allegations are relatively minor, the Court will allow a Defendant to return home, even when the prosecutor objects.
Q: Can I own or possess guns with a domestic violence conviction? A: No. Under federal law, if you have a domestic violence conviction, you can no longer own, carry, or possess a firearm. A domestic violence conviction is the only misdemeanor, in Arizona, that can result in the loss of gun rights. Q: Can I restore my gun rights after a domestic violence conviction? It cannot be filed until the defendant successfully completes all the terms and conditions of the sentence, including probation, fines, and restitution.
If the Judge grants the motion to set aside, federal law would no longer prohibit the ownership of a firearm.
Facing a Domestic Violence Charge?
A: Also referred to as a deferred entry of judgment, a domestic violence diversion is often a desirable outcome because it avoids a domestic violence conviction and the resulting collateral consequences. In some cases, however, it may become apparent that the State cannot prove the charges, in which case, it might be wiser to reject diversion and fight the charges. Domestic violence diversion is only offered in certain courts. It typically involves paying a fine and completing about 26 weeks of anger management and domestic violence classes. Upon successful completion of the program, your case would be dismissed.
The diversion program is in the complete discretion of the prosecutor. A: People are often surprised to learn that the State will continue prosecuting even when the victim wants a case dropped. This comes from the misconception that the victim is the one who presses charges. Victims, however, do have a constitutional right to give their input on a case. Those decisions are in the discretion of the prosecutor. In addition, the judge would have to approve any dismissal or plea agreement. What is a domestic violence charge in Arizona? How does a domestic violence allegation impact a misdemeanor charge?
Tobin Law Office S. Stapley Dr. What must the prosecutor prove in a domestic violence case?
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What types of relationships qualify for a domestic violence allegation under Arizona law? Client Reviews. My results turned out better than expected! Tobin's communication is amazingly fast! What misdemeanor crimes can be charged as a domestic violence offense? Class 1 Misdemeanor: days jail.
tax-marusa.com/order/nunyxymy/iphone-5-avec-logiciel-espion.php Class 2 Misdemeanor: days jail. Class 3 Misdemeanor: 30 days jail. Class 1 Misdemeanor: 3 years probation Class 2 Misdemeanor: 2 years probation Class 3 Misdemeanor: 1 year probation. Mandatory Enhanced Penalties for Domestic Violence Convictions: Any person convicted of a domestic violence offense must complete the State mandated domestic violence counseling program. Gun Rights: Federal law prohibits the possession of firearms for any person convicted of a domestic violence offense.
Child Custody and Divorce: A domestic violence conviction can be used against a Defendant in a child custody or divorce proceeding.