Arizona Criminal Law Team
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The Key to a Successful Completion of a Diversion Program Is in Fulfilling Every Condition That Was Imposed

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.

evaluate my case

A Cup Of Coffee With 10 Of
The Top DUI Attorneys In The
United States

Guest Author: Attorney Brian Sloan

A Cup Of Coffee With 10 Of The
Top criminal defense
Attorneys In The United States

Guest Author: Attorney Carmen Gosselin

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Arizona Criminal Law Team

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(480-442-8343)

2 N. Central Ave. Floor 18, Suite 1928 Phoenix, AZ 85004

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Disclaimer: The Attorneys on The Criminal Law Team are individual attorneys that have come together for group advertising. Hiring one of the Attorneys through the Arizona Criminal Law Team results in that one Attorney representing their client under their own law firm. A client would not get multiple Criminal Law Team lawyers representing them.

Any information provided on these pages does not establish an Attorney / Client Relationship. All information on this website should be considered an OPINION based on experience, and may not be the most updated information based on constant changes in the field of law.

  • Home
  • Areas of Practice
    • DUI Defense
      • DUI
      • Aggravated DUI In Arizona
      • Extreme DUI
      • Super Extreme DUI
    • Criminal Defense
      • Drug Offenses
      • Minor In Consumption
      • Assault
      • Theft
      • TRESPASSING CHARGES
      • Criminal Damage
      • Fraud
      • Vehicular Offenses
  • Areas We Serve
    • Tempe
    • Scottsdale
    • Mesa
    • Glendale
    • Gilbert
    • Chandler
  • Team Accomplishments
  • Awards & Recognitions
  • About Us
  • FAQs
    • Criminal Defense FAQ’s
    • DUI Defense FAQ’s
    • Drug Related DUI FAQ’s (Videos)
    • Criminal Defense FAQ’s (Videos)
  • Blog