Legal Question in Criminal Law in Arizona

my daughter is serving time in arizona and is due in a few months to be released,she has 2 FTA warrants outstanding for drv lic and insurance violations and she is worried they will hold her on these can we get the warrants quashed and get her time served for the traffic violations and can i represent her in court, do i need a power of attorney form signed by her?


Asked on 6/19/12, 3:37 pm

1 Answer from Attorneys

Carrie Spiller Law Office of Carrie M Spiller, PLLC

Getting warrants quashed in Arizona can be a lengthy process, depending on the jurisdiction. An incarcerated inmate in DOC can check for any holds or warrants that would prevent their release by contacting the appropriate staff at the prison. Running the holds/warrants is part of the normal process for DOC when somebody is getting released, so they should be able to check. Typically, misdemeanor traffic warrants will not prevent a DOC release, but there are exceptions. Civil traffic holds for failure to pay fines will not typically hold up a DOC release.

Depending on the charges, some courts permit a DOC inmate to enter a "plea by mail" and get credit for time served. Some courts will also do a "days for dollars" program for civil traffic fines. She would have to write to the Court directly from DOC to inquire about that process. And that process would typically need to be completed before she is released. A third-party (such as yourself) could inform the court of her whereabouts, but there is really not much a non-attorney can do to resolve the issues in court, even with a signed power of attorney.

An experienced attorney could assist with the process, and can appear in court on behalf of an incarcerated defendant in most situations for a plea by mail process.

Feel free to contact me if you have any questions.

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Answered on 6/19/12, 6:45 pm


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