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I just got released from jail. I was charged with assault,

I just got released...

I just got released from jail. I was charged with assault, public misconduct, and trespassing

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Yes, Arizona

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I went to a night club, got kicked out, i was tying to have the police officer intervene and got arrested instead

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Answered in 1 minute by:
8/20/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,425
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. what is your question with regard to this incident?

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Customer reply replied 11 months ago
i have a few questions madam. My first question is: why is the case "The state of Arizona Vs me"? Also, I'd like to know how I can go about not ending up losing the case.

1) Once a crime gets reported to the police, the complainant (victim) loses control of the case. It doesn't belong to him or her any more. It belongs to the prosecutor who brings the charges in the name of the state on behalf of all of the people in that state.

More simply put, only the state can file charges. And all criminal cases are filed in the name of the state and would bear the name of State of ____ vs. [defendant's name].

2) Impossible to tell you without knowing all of the facts and circumstances of the case, seeing the court papers and the discovery and conferring with witnesses, conducting an investigation and talking to the prosecutor.

That said, it all starts by gettiing yourself a criminal lawyer. He will be able to give you an idea of whether the case is winnable at trial or whether it might be in your best interest for him to negotiate a plea bargain with the prosecutor to ensure you don't have to serve time in jail. He'll also be able to tell you if you'd be eligible for any special programs that could keep a conviction off of your record.

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Customer reply replied 11 months ago
Thank you. I would also like to know if taking a plea is same as pleading guilty. However, the judge pleaded not guilty on my behalf.

Yes. Pleading anything other than NOT GUILTY will result in a criminal conviction. So the judge was absolutely correct to make sure you pled NOT GUILTY. In this way, you have an arrest, but you still have no criminal conviction. Now you are entitled to get yourself a lawyer and be advised by him or her and figure out how you want to fight your case.

You do not have to go to an eventual trial if you don't wish to. You can always change your plea from not guilty to guilty, but you should not do that without a deal in hand.

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Customer reply replied 11 months ago
Ok. Thank you so much. It is been nice speaking with you.

You're very welcome!

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 3, 4, or (hopefully) 5 stars on the rating scale, as that is the only way that JustAnswer gives us Experts credit for our work. You would still be able to post further follow ups on this question thread about this for no additional cost, even after I've been rated.

Good luck with your case!

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,425
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Satisfied Customers: 31,425
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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