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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 12425
Experience:  Experienced in multiple areas of the law.
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My friends daughter has an aggravated assault charge a

Customer Question

my friends daughter has an aggravated assault charge for kicking a police officer while she was intoxicated. She is 19 and when i looked up the court info it says granting motion. Her mother seems to think that counseling is all they are going to charge her with, but they keep moving the next court date calling it a preliminary hearing
Submitted: 1 year ago.
Category: Criminal Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I look forward to assisting you.

I would agree that from the limited facts you've provided, they do appear to be moving forward. Usually held soon after arraignment (which is where the charge against the defendant is formally entered and the defendant must enter a plea), a preliminary hearing is best described as a trial before the trial" at which the judge decides, not whether the defendant is "guilty" or "not guilty," but whether there is enough evidence to force the defendant to stand trial.

"Granting motion" doesn't really tell me much, other then one party (either the prosecution or defense) filed a motion -which could be for almost anything - and the court granted their request.

This doesn't mean that the charge couldn't necessarily be reduced in a plea deal (especially if she has no prior record), or that she doesn't have any viable defenses. That is something she would have to discuss with her lawyer once they have requested all of the discovery, or evidence, from the prosecutor, so they know what they are looking at and how strong a case the prosecutor has.

If you need clarification or additional information, kindly REPLY and I'll be happy to assist you further. Thank you.

Customer: replied 1 year ago.
thank you! i guess i didn't explain too much! she is 19 and also had a DUI at age 17. Her mom is saying that they are letting her off the hook with no probation or anything . They are having her participate in this new program i don't remember the name. but that is it,, When I look at the court info it just says that she has another preliminary hearing on the 8th of December.
do you know of a new program?
Customer: replied 1 year ago.
I didn't get a response
Expert:  RobertJDFL replied 1 year ago.

My apologies for the tardy reply -the system did not notify me last night that you had replied. You don't say what state this is in, but it sounds like the daughter may have been offered a "pre-trial diversion" (different states call it different things). Basically, in a pre-trial diversion, a defendant pleads guilty, but instead of the guilty plea being entered, they are sentenced to a term of probation that can include things like community service, paying a fine, taking a class or classes, etc. If the defendant successfully completes the probationary period without incident and stays out of trouble, the charge is then dismissed, and they can later petition the court to seal/expunge the record. Does that sound like what it might be?

Customer: replied 1 year ago.
I don't I know but her mom said she has no probation they are just having her do this new "program" (there is a name but I don't remember). We are in Arizona, maricopa county court. I want to read up on the program but I don't want to ask her again! Lol
I wanna know if it is possible to get off Scott free? And what this new program is
Customer: replied 1 year ago.
I don't know if that sent
Expert:  RobertJDFL replied 1 year ago.

Here are the deferred prosecution programs offered in Maricopa County:

http://www.tascsolutions.org/tasc-services/diversion/

These aren't new programs, but it is a way for someone to avoid a criminal record if they stay out of trouble and complete the program terms. In Arizona, pre-trial diversion is called "deferred prosecution." There's no way to just get off on the charge unless the prosecutor's office wasn't going to file or decides not to prosecute.

Expert:  RobertJDFL replied 1 year ago.

Do you need any additional information or clarification about this answer? If not, I would kindly ask that you leave me a positive rating (3-5 stars) as that is the only way experts on this site are compensated for their time and expertise. Thank you very much.