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Is there a way to avoid doing time for a first offense of a…

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Is there a way...

Is there a way to avoid doing time for a first offense of a M2 of criminal damage do you face less than $250 domestic violence

Lawyer's Assistant: Have domestic violence charges been filed? If so, when is the next court date?

Yes the court date is 6/11/18

Lawyer's Assistant: In what state did the domestic violence occur?

Phx az

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

Is the layer free?

Submitted: 2 months ago.Category: Criminal Law
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Answered in 6 minutes by:
5/30/2018
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,883
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. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 months ago

Yes. It is very rare that a person with a first arrest is going to spend any time in jail for a low-level misdemeanor offense. As long as you make your court dates and follow whatever orders the judge may give you, you'll remain at liberty.

If you go all the way to trial on this case and lose it, you may end up facing jail time. BUt if you wanted to resolve this with a plea bargain, typically you'd be looking at nothing worse than probation and anger management classes. There are even special forms of probation -- diversion or deferred adjudications -- that can keep a conviction off of your criminal record.

I can't blame you for being worried. Criminal charges are intimidating by definition, but you shouldn't have to worry about jail. All the same, you should have a criminal lawyer for this case. If you can afford one, hire him and have him with you at your court date. If you can't afford a lawyer, plead not guilty when you come before the judge and ask him to appoint you a public defender.

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Customer reply replied 2 months ago
I spent 24hours in jail already I saw the judge and pled not guilty my next court date is in 6/11/18 in az how can I get this taken off my record I’m pretty sure the other person won’t show up to court but what are the scenarios if they do and if they don’t as far as not during time and getting this off my record
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 months ago

If yours is an Arizona matter and the complaining witness never shows up, the case will eventually be dismissed. The prosecutor, however, will be given many chances to try to turn the complainant up before that will happen. The dismissal will be reflected on your record.

Every state differs as to sealing and expungement policies. Yours will not remove or seal a non-conviction so your arrest and dismissal will stand, and there's no way around that.

If the complainant does cooperate with the prosecutor, then the case will go forward. I've already told you what, in my experience would be the typical plea offer and recommended having a lawyer to see if you could get a deal that keeps the conviction off of your record.

Your state does not expunge or seal convictions, but it can set them aside so long as the charge isn't a sex offense or a crime of violence. One must serve out the sentence, of course, before being eligible for the set aside.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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