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Hi, my friend got into a scuffle at a party a few doors down from where he lives. He was highly intoxicated and doesn't remember much. Apparently the cops were called by the house owners and he was arrested and taken to jail overnight. He was charged with "criminal trespassing, assault, and disorderly conduct". He did not receive any tickets pertaining to alcohol or public intoxication. He was told that they were all 'misdemeanors' and was released without a bond to pay in the morning with a hearing in 3 days (weird thing is that everybody else had to pay bonds to get released he said). His only record is a DUI he received 1 year ago. He was told he could not return to the block or even his house until the hearing or make contact with the neighbors. This happened in Tempe, AZ.Our questions are as follows:- What are the typical charges/fines/sentencing he may be looking at based on his situation?- Does the previous DUI have any affect on the issue.- Should he get a lawyer o
State/Country relating to Question: Arizona Already Tried: Nothing -- wondering if he needs to get a lawer.
THESE ARE MINOR CHARGES, AND THE ONLY SERIOUS CHARGE IS THE ASSAULT, IF HE WAS RELEASED WITH NO BAIL, IT DOES NOT SEEM THEY ARE TAKING HIS CASE SERIOUSLY. THE PREVIOUS DUI, WILL BE BROUGHT UP, AND MAY DENY HIM OF HAVING THE CHARGES DROPPED, BUT HE SHOULD BE APPOINTED AN ATTORNEY AT THE HEARING, AND HE SHOULD PLEAD NOT GUILTY AT THE HEARING. IF THEY ARE NOT OFFERING A GOOD DEAL, HIRE AN ATTORNEY IF HE CAN AFFORD IT, AND SEE IF HE CAN GET PROBATION ON THESE CHARGES WITH NO CRIMINAL CHARGE.
Are you familiar with Arizona law? What would the fines most likely cost for these charges?
THE FOLLOWING BELOW ARE THE ARIZONA LAWS FOR WHAT HE IS CHARGED FOR: THEY ARE ALL MINOR MISDEMEANORS, AND MOST LIKELY TWO WOULD BE DISMISSED AND HE MAY HAVE TO PLEA TO ONE MISDEMEANOR, WITH PROBATION AND A FINE.A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:1. Engages in fighting, violent or seriously disruptive behavior; or2. Makes unreasonable noise; or3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or5. Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or6. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.B. Disorderly conduct under subsection A, paragraph 6 is a class 6 felony. Disorderly conduct under subsection A, paragraph 1, 2, 3, 4 or 5 is a class 1 misdemeanor.A. A person commits assault by:1. Intentionally, knowingly or recklessly causing any physical injury to another person; or2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or3. Knowingly touching another person with the intent to injure, insult or provoke such person.B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.A. A person commits criminal trespass in the third degree by:1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.B. Criminal trespass in the third degree is a class 3 misdemeanor.
Attorney
10 years experience, General counsel for National Corp. firms, C.U.N.Y. INSTRUCTOR,
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