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Interviewer: Are there any barriers that someone may be facing when it comes to either diversion programs or when they want to get something set aside?
AZ Criminal Law Team Lawyer: Yes. If you have outstanding fines or restitution due. If you have classes that you haven’t finished yet. You have to successfully do everything that you were supposed to do and be up-to-date on your fines and fees in order to qualify for any of those things. In terms of diversion programs, you have to follow it to a T.
The Same Rule Applies When You Are Requesting an Undesignated Felony Be Designated as a Misdemeanor
You have to keep documentation and you’re responsible for presenting that to the court within the allotted time period or else you’re not going to get the benefit of the diversion program with filing or with requesting that your undesignated felony be designated a misdemeanor.
If you have outstanding fines or fees, but you’ve completed everything else, you’re still not likely to get it designated a misdemeanor. You have to have everything completed.
In Arizona, a Judge Rules on Whether or Not a Verdict Can Be Set Aside
Interviewer: Does any party in addition to a judge have to approve a verdict being set aside?
AZ Criminal Law Team Lawyer: No, it’s just up to the discretion of the judge. When an attorney is hired to do a set aside, they file a motion with the court, and the judge reviews it and can sign off on it and say, “They grant the motion to set aside.”
Sometimes if there’s a case where there is a victim, it’s rare that they’ll set it for a hearing, in which case each party will go forward in front of the judge and present why the case should get set aside. But a lot of times an attorney can just submit a motion to the court, and then the judge can decide whether to set it aside or not.