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  1. #1
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    Jan 2017
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    Default Convicted and then Case Dismissed

    My question involves criminal law for the state of: Arizona

    I was arrested for criminal damage -domestic violence. I put a hole in my car tire arguing with my husband over cheating. My rights were never read to me btw. I was offered a diversion plan. I was told to reappear in court 12 months from the last court date. I knew my classes weren't completed so I asked for an extension, it was denied cause my case was on 10/17/15. I was not aware that the date changed. My address and all my information was updated with the court. Long story short my case is being dismissed once a fine is paid and I want to know if the conviction will go away?

  2. #2
    Join Date
    Jun 2016
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    141

    Default Re: Convicted and then Case Dismissed

    Quote Quoting Chankau
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    My question involves criminal law for the state of: Arizona

    I was arrested for criminal damage -domestic violence. I put a hole in my car tire arguing with my husband over cheating.
    I didn't know that damaging your own property, that you own, when arguing with a husband was domestic violence.

  3. #3
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    Mar 2016
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    2,289

    Default Re: Convicted and then Case Dismissed

    Quote Quoting TechWorker
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    I didn't know that damaging your own property, that you own, when arguing with a husband was domestic violence.
    http://www.azleg.gov/ars/13/03601.htm

    "B. A peace officer, with or without a warrant, may arrest a person if the officer has probable cause to believe that domestic violence has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense is a felony or a misdemeanor and whether the offense was committed within or without the presence of the peace officer. In cases of domestic violence involving the infliction of physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, the peace officer shall arrest a person who is at least fifteen years of age, with or without a warrant, if the officer has probable cause to believe that the offense has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense was committed within or without the presence of the peace officer, unless the officer has reasonable grounds to believe that the circumstances at the time are such that the victim will be protected from further injury."


    That's probably why she got arrested for domestic violence. I think there's more to the story about what happened that day.

    OP - it's up to you to keep aware of changes in court dates. Many places you can look online but you can always call the courthouse to find out if you have a date or it changed.

    There's no such thing as expungment in Arizona. Some convictions can be set aside. I'm sure someone who has more experience can answer it but I don't think the conviction disappears from your record. I feel like there is more that needs to be told though.

  4. #4

    Default Re: Convicted and then Case Dismissed

    I'm new here but I have some ideas. First of all, to TechWorker, there are a whole slew of offenses that fall under the category of DV. Not nearly all of them are actual violent crimes (eg. harassment, stalking, witness intimidation, etc)

    As for the diversion case, usually what those entail is a 52 week DV course, and some period of probation. Usually to enter the program you must enter a guilty plea into the court, but the judge does not enter the plea, it is effectively 'shelved.' Upon successful completion of the program and probation, the court will ensure you have paid all fees and fulfilled the terms of your probation and will dismiss the charge. So in other words, you will have a dismissal in your criminal record rather than a conviction. A dismissal and a conviction are mutually exclusive, you cannot have both for the same charge. You can, however, plead guilty and still have a dismissal, which is the case for most deferred adjudication/diversion type situations. I am wondering if perhaps you meant the case was closed, rather than dismissed. But to me based on what you described it sounds like the court entered a dismissal, which means you DO NOT have a conviction. You can always check the state criminal records database through the Arizona State Police website to be sure.

  5. #5
    Join Date
    Dec 2009
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    Default Re: Convicted and then Case Dismissed

    Quote Quoting ignoramus23
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    I'm new here but I have some ideas. First of all, to TechWorker, there are a whole slew of offenses that fall under the category of DV. Not nearly all of them are actual violent crimes (eg. harassment, stalking, witness intimidation, etc)
    No use telling TechWorker anything about anything. He has his own ideas (fantasies, actually) about the law and will stand by those ideas no matter how many times the expert volunteers here prove to him that said ideas have no basis in reality.

  6. #6
    Join Date
    Oct 2016
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    Default Re: Convicted and then Case Dismissed

    Quote Quoting Chankau
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    My rights were never read to me btw.
    You watch too much television.

  7. #7
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    Sep 2005
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    Default Re: Convicted and then Case Dismissed

    Your post makes little sense as written. If in fact you were on a pretrial diversion program and your case was dismissed, despite your having violated the terms of the diversion program, then there is no conviction. If there is a conviction, then your case was not dismissed, although you would have been discharged from the diversion program at the time of your conviction.

    Criminal convictions do not go away by themselves -- a diversion program is a gift, not something to be treated in a cavalier manner.

  8. #8

    Default Re: Convicted and then Case Dismissed

    All true. And if she was on PRETRIAL diversion it would have been an even sweeter gift because she would have never even been required to enter an initial guilty plea. Many professional licensing boards and employment applications ask if you have ever even plead guilty to an offense, and if you have they treat it the same as a conviction. That's why most diversion programs aren't that good of a deal after all, especially in Texas where deferred adjudication is treated nearly the same as a conviction for most employment purposes. Regardless, in the end a no-conviction outcome is always better than a having a conviction on your record.

  9. #9
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    Default Re: Convicted and then Case Dismissed

    Most diversion programs take place before a plea, and in many cases before a charge is even filed. Deferrals occur after a charge is filed, and often after a plea is taken but before a guilty plea is entered. You are confusing diversion programs, which have the potential to allow you to avoid being even charged and allow you to avoid entering a guilty plea, with a diversion program that occurs after you enter a plea. Also, the question is about Arizona, not Texas.

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