Monday, February 17, 2020

Drug Charges Can Prevent You from Getting Student Financial Aid

For many young people, getting a college education is an essential step toward achieving success in life. Unfortunately, most people cannot afford it without financial help. And, if you have a drug conviction, it may be even harder for you to apply for a student loan

TASC Diversion Program

Penalties for Drug Convictions

One of the questions applicants are asked in the Free Application for Federal Student Aid is if they have ever been convicted for sale or possession of illegal drugs while they were on federal student aid. What does this mean?

Basically, if you have already been approved for, and accepted an offer for, federal student aid for any term, you are considered to be already under aid starting on the first day of classes. Summer breaks are not included if you are not enrolled. Holiday breaks, however, are considered time enrolled.

A drug conviction does not mean that you are permanently disqualified from applying for federal aid. For possession, a first conviction means you cannot apply for a year, a second offence disqualifies you for two years, and subsequent convictions disqualify you indefinitely. For sale, a first conviction disqualifies you for two years and subsequent convictions disqualify you indefinitely.

It is possible to apply for reinstatement before the end of your disqualification period, subject to certain conditions. If your conviction has been rendered invalid, set aside, or overturned, you may be eligible again.

Otherwise, you will have to complete an appropriate drug rehabilitation program that also requires you to pass two surprise drug tests. The program must meet the standards that were set by the Department of Education and Congress. You will become eligible upon completion of this program.

If you are convicted after you have submitted your FAFSA, you will have to notify your student aid office. If you have already been receiving aid, you will have to repay all of it since you have become ineligible.

Proposed Changes in the Law

There are moves in Congress to prohibit the Education Department from asking questions about drug convictions in subsequent federal aid applications, including the FAFSA. The Financial Aid for Students Act, if passed into law, would repeal parts of the Higher Education Act that suspends aid for applicants convicted of drug offences.

Another bill, the Second Chance for Students Act, states that students who were convicted of marijuana possession can retain their eligibility to get financial aid for six months. During this period, they have to complete an authorized rehabilitation program to avoid losing their eligibility.

An Experienced Attorney Can Protect Your Rights

If you are charged with a drug-related crime, it is very important that you retain the services of an experienced criminal defense lawyer. The attorney will guide you through the process and layout what your legal options are. He will also explain the procedural requirements as well as how he will defend your case.

Attorney Gary L. Rohlwing can defend nearly every type of drug-related offense. Since Arizona has some of the harshest drug laws in the US, Atty. Rohlwing can help you avoid some of the harshest penalties and avoid a conviction.

You can get in touch with the Law Offices of Gary L. Rohlwing at (623) 937-1692. The initial consultation is free.

The post Drug Charges Can Prevent You from Getting Student Financial Aid is republished from Gary L Rohlwing Lawyer



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



from https://www.criminal-duiattorney.com/criminal-defense/drug-crimes/drug-charges-can-prevent-you-from-getting-student-financial-aid/

Monday, February 10, 2020

Can Police Search Your Car at a DUI Checkpoint?

Arizona is one of the states that allow police to set up DUI checkpoints.

It is important for you to be aware of what your rights are if you are stopped at a checkpoint. If the police perform a search of your car and find something that is illegal, knowing your rights could result in your case being thrown out of court.

DUI Checkpoint

It should be noted that the police do not have the unlimited right to search your vehicle. In fact, there are only two reasons that would legally allow them to conduct a search:

  • If you give your explicit consent. In other words, if you tell them, “Yes, you can search the car.” However, you can legally decline by invoking your fourth amendment rights and explicitly telling the officers no.
  • If the police find probable cause. If they can see that there are empty liquor bottles or beer cans, or if they smell marijuana or see drug paraphernalia, this constitutes probable cause for a search of your vehicle. If a drug-sniffing dog approaches your vehicle and barks, this also constitutes probable cause.

Under normal circumstances, the police would need a warrant to search your vehicle, but this requirement is waived if they believe they have probable cause.

What are you required to do at a checkpoint?

If the officer asks, you are required to give your name and provide them with your license, vehicle registration, and proof of insurance. No matter what happens at a DUI checkpoint, the most important thing to remember is that you must never act belligerent or hostile towards the officers.

For instance, if you refuse to allow them to search your case and they do so anyway, let them without interference. Since you did not give them permission, anything they discover may not be admissible in court.

If an officer believes that you may be drunk, they can ask you to take a field sobriety test. This may include:

  • Standing on one leg
  • Horizontal gaze nystagmus
  • Walking in one straight line, then turning around

You can politely decline to perform these tests. They are challenging for some and, even if you are sober, you could still fail them. You can also refuse if the officer asks you to take a breathalyzer or give blood for a blood test but you should be aware that this could result in your being charged with a DUI and suspension of your driving privileges.

If you are arrested for a DUI, you must invoke your right to not say anything to the police until you have spoken to a lawyer. These are your rights and invoking them does not automatically mean you are guilty, contrary to what the police may make you believe.

To ensure that your rights are protected, contact an experienced DUI attorney immediately. Attorney Gary L. Rohlwing is an experienced criminal attorney who specializes in handling DUI cases. He will help you and ensure that you get the best possible outcome in your case.

Just call the Law Offices of Gary L. Rohlwing at (623) 937-1692 or visit their website.

 

The article Can Police Search Your Car at a DUI Checkpoint? is courtesy of Our Blog at www.criminal-duiattorney.com/blog/



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



from https://www.criminal-duiattorney.com/dui-defense/aggravated/police-search-your-car-at-dui-checkpoint/

Thursday, January 23, 2020

What Are the Extradition Laws in Arizona?

Extradition involves the delivery of a detained offender from the arresting party to the jurisdiction of the requesting party. The most common underlying cause of an extradition request is an outstanding warrant of arrest.

Extradition Laws

In general, extradition cases fall under three main types:

International Extradition:

The jurisdiction requesting for the extradition is another country. For example, extraditing a detained criminal from the US to Italy.

Interstate Extradition:

The jurisdiction requesting for the extradition is another US state. For example, extraditing a detained criminal from the Arizona to California.

Intrastate Extradition:

The jurisdiction requesting for the extradition is within the same state. For example, extraditing a detained criminal from Mohave County to Yuma County.

International extradition differs widely from cases of interstate extradition. Unlike in interstate extradition where states can extradite detainees freely by virtue of the US Uniform Criminal Extradition Act, an international extradition act is governed by international laws.

Existing international policies, procedures, and treaties need to be respected and considered. Things get even more complicated when people seeking asylum are involved.

There is also as slight difference between interstate and intrastate extradition cases. In interstate extradition, the case may only proceed after the governor issues an official warrant. This may not be necessary for intrastate extradition. The case may proceed without passing through the office of the governor. A simple transport arrangement may be all it needs for the extradition case to proceed.

Extradition Laws in Arizona

In Arizona, as well as in other states that allow it, extradition is a serious matter. Regardless of the charge, be it a felony or a misdemeanor, the offender may be incarcerated right after detainment – even if the detainee is not guilty of the charges.

This is because the objective is to make sure the individual is safely held and transported for court appearance in the proper jurisdiction. However, this may make the detainee feel like he is already a convicted and sentenced criminal.

If you are the subject of an extradition case, and you feel the need to fight it, you can seek the help of an experienced and reputable criminal law firm like the Law Offices of Gary L Rohlwing. In case extradition is inevitable, your lawyer can make sure that you get fair treatment throughout the entire process, and all your rights are upheld.

When to Get the Services of a Lawyer for Your Extradition Case

The best time to fight an impending extradition is before you are even detained. If you are a resident in the state of Arizona, and a warrant has been issued for your arrest in another country or state, it is best that you contact the Law Offices of Gary L Rohlwing right away.

This way, your lawyer may be able to quell the warrant. He can likewise arrange for you to surrender voluntarily in front of a judge. While the judge may not agree to dropping the charges, your voluntary surrender, will at the very least have a positive impact on your case. This may also allow you to avoid extradition.

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Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



from https://www.criminal-duiattorney.com/criminal-defense/misdemeanors/what-are-the-extradition-laws-in-arizona/

Thursday, January 16, 2020

Are Gun Owners Who Have Been Convicted of a DUI More Likely to Commit a Crime?

A new study conducted by researchers from the University of California in Davis suggests that people convicted of a DUI are more likely to commit a violent gun crime. The study sought to answer the question: Are legal handgun purchasers with a prior DUI conviction at a greater risk of being subsequently arrested for a violent crime?

Researchers looked at 79,678 California residents who had legally bought a gun in 2001. In the dozen years since, they found that 9% of those with DUI convictions were later arrested for violent crimes such as aggravated assault, robbery, rape, or murder. Only 2% of those with no prior criminal history were subsequently arrested for a violent crime.

The study concluded that there is a correlation between a DUI conviction and the risk of committing violent offences among those who legally bought firearms. However, researchers clarified that they did not suggest that alcohol itself is what makes gun owners more likely to victimize others.

Instead, they suggested that many individuals who engage in alcohol-related risky behavior would also engage in other risky behaviors that threaten people’s lives. And, if a heavy drinker also has access to a gun, impaired judgment may cause them to act out if they are prone to violent behavior.

For policy makers, these studies could help them craft legislation that would help reduce gun violence in the US and save lives. There is already a pending bill in the California legislature that would include alcohol-related misdemeanors among offenses that could cause an individual to lose the right to own a gun for up to ten years.

At present, California law denies gun licenses for ten years to those convicted of a felony, as well as those who have misdemeanor convictions for, among others, crimes involving hate or violence, as well as the illegal use of firearms. SB 55, which passed the state senate by 26 to 10, would add offenses such as convictions for drunk driving, disorderly conduct while intoxicated, and public intoxication.

If SB 55 is signed into law, it could eventually lead the way for many states to pass similar legislation. Hence, those who have a DUI conviction may find in the future that their rights to own a gun are severely restricted. This means that, if you are charged with a DUI, you should seek the services of an experienced lawyer who specializes in this area of practice.

A DUI conviction in Arizona has serious consequences. Aside from fines, suspension of your driving privileges, and possible jail time, there may also be indirect consequences. For instance, you will be charged higher auto insurance rates and you may also be prevented from entering certain countries. Some employers may not hire you if you have a criminal record and you may even be fired if your current employer discovers that you have been convicted of a violent crime or a DUI.

Attorney Gary L. Rohlwing is a licensed attorney based in Arizona who has been practicing for over thirty years. He will explain what your rights are and investigate the facts of your case.

Visit the website of the Law Offices of Gary L. Rohlwing to learn more or contact him at (623) 937-1692.

The following article Are Gun Owners Who Have Been Convicted of a DUI More Likely to Commit a Crime? Read more on: GaryRohlwingLawOffices



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



from https://www.criminal-duiattorney.com/criminal-defense/violent-crimes/gun-owners-convicted-dui-more-likely-to-commit-violent-crimes/

Sunday, January 12, 2020

Can the Police Use an Anonymous Tip to Stop You For a DUI Check?

Can an anonymous tip provide the police with probable cause to stop you for suspicion of driving while intoxicated? A 2014 Supreme Court decision says yes, and this has serious implications for your civil rights. In Navarette v. California, the court ruled 5-4 that, based on an anonymous call, police had the right to stop a driver to check if they are intoxicated.

The facts of the case were as follows:

On August 2008, a Humboldt County, California 911 dispatcher received a call from a driver. She reported that five minutes earlier she had been driven off the Pacific Coast Highway by a silver Ford Pickup truck (license number supplied).

Highway Patrol officers identified and trailed the vehicle. Although they did not detect any unusual activity, they pulled it over. The police found that the truck’s driver, Lorenzo Navarette, and his passenger, Jose Navarette, were not intoxicated. However, they were transporting 30 pounds of weed.

During the trial, the defendants claimed that the police had violated their fourth amendment rights since they did not have the reasonable suspicion needed to stop them. When the judge denied the motion, the defendant then pleaded guilty. He was given a 90-day jail sentence for transporting marijuana.

The Navarettes later appealed to the appellate court, but the judge once again ruled against them. They then elevated their appeal to the US Supreme Court. The Court once against found against the defendants, saying that if an anonymous tip provides reasonable doubt by demonstrating sufficient reliability, the police could make an investigatory stop.

In his dissent, however, Justice Scalia pointed out that the majority decision meant one of our basic freedoms, the right to come and go as we please, has now been curtailed. On the basis of an anonymous phone tip, undue police interference could affect our freedom of movement on the roads.

What does this ruling mean for you, the ordinary driver? Basically, it allows the police to stop you for suspicion of drunk driving when they receive a phone call or tip about you, even if they have no other basis to believe that you are drunk. The tip itself is enough to provide probable cause to stop you.

Of course, once the police stop you, they will need to validate their suspicions in order to prosecute you. This usually means that you are given a field sobriety test, a blood or urine test, or a breathalyzer test. The results will provide a basis for charging you with a DUI if they come back positive. The prosecution may also use the officers’ observations as additional evidence.

Hence, if you have been arrested for a DUI on the basis of an anonymous tip, you’ll need the services of a lawyer. Your lawyer can investigate the circumstances of your case so that they can shed doubt on the factuality of the tip.

Attorney Gary L. Rohlwing is an experienced criminal attorney that has defended thousands of DUI cases. He can help you get the best possible outcome and avoid the more serious consequences of a DUI conviction.

You can get in touch with the Law Offices of Gary L. Rohlwing at (623) 937-1692 or visit his website.

The following article Can the Police Use an Anonymous Tip to Stop You For a DUI Check? is available on Law Practice - Gary Rohlwing



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



from https://www.criminal-duiattorney.com/dui-defense/misdemeanor/police-use-anonymous-tip-to-stop-you-for-a-dui-check/

Thursday, November 21, 2019

Telling Your Employer About a DUI in Arizona

One of the things that most people who get arrested for driving under influence wonder about, is whether or not they should tell their boss about it. The best advice would differ, depending on the circumstances. First of all, when you get arrested or you’re charged with a crime, it is a personal matter. Generally, you won’t need to get your employer involved. However, there could be an issue if there are work-related circumstances involved. Also, you need to note that arrest and accusation are different from actually being convicted or sentenced for a crime. These are the things that you need to consider when weighing whether or not you should disclose the incident to your employer.

Work-related circumstances

Generally, you won’t have to disclose everything to your employer. After all, privacy is a constitutionally protected right. However, under certain work-related circumstances, you might be obliged to let them know. For instance, when your job involves driving or when you have been issued a company service vehicle. In this case, it is generally required that you disclose facts about the DUI incident to your employer. You should also check for company policy. Rules about disclosing arrests or conviction of a crime would vary depending on your company. Most companies only require disclosure of major crimes, especially those that involve moral turpitude or grave dishonesty. For other, less serious crimes like DUI, they may not require full disclosure. It is also likely to depend on the position that you hold. If you’re a company driver or a salesman who drives around at work, then it is highly probable that your company requires disclosure of such incidents. These policies are usually found in various documents including employment contracts and employee handbooks. Bear in mind that non-disclosure, especially if you were required to do so, could actually have grave consequences. Some policies provide that the employee can be terminated due to the concealment of a material fact. For this reason, it is very important to assess and review everything carefully. Asking for legal assistance from reputable lawyers like the Law Offices of Gary L. Rohlwing would be a big help. A lawyer can help you sift through all the company policies, rules, and laws in order to arrive at a solution that’s most beneficial to you.

Accusation vs. Conviction

As mentioned before, you should bear in mind that there is a huge distinction between accusation and conviction. Once arrested and taken in, you are accused of said crime under DUI laws. However, you would have to undergo legal processes to determine whether or not you are indeed guilty of DUI and what penalty is to be imposed. When it comes to disclosing these matters to your employer, you should consider whether you have simply been accused or if you have already been convicted of DUI. More often than not, it is good to be honest and disclose everything to your employer. However, when there are serious consequences involved, it is best to weigh in with a lawyer before disclosing.

Telling Your Employer About a DUI in Arizona was originally published to Law Office of Gary L. Rohlwing

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



from http://www.criminal-duiattorney.com/blog/dui/telling-your-employer-about-a-dui-in-arizona/

Saturday, November 2, 2019

Penalties for Possession of Drugs for Sale in Arizona

Criminal law prescribes different penalties when you get caught in possession of illegal drugs. These penalties usually depend on the amount of illicit substance that you possess at the time of the arrest. They could either charge you with mere possession or with possession of drugs for sale. If you have more than the threshold amount set by law, it is presumed that you intend to sell the excess. In such cases, you will likely be charged with possession of drugs for sale. Alternative medicine Arizona law categorizes illegal drugs into three groups - dangerous drugs, narcotics, and marijuana. Under the dangerous drugs classification are the likes of ecstasy, LSD, methamphetamine, lorazepam, clonazepam, GHB, mescaline, and steroids. Meanwhile, heroin, cocaine, morphine, opium, oxycodone, and the like are classified as narcotics.

Determining Intent

As earlier stated, the volume of the substance found in your possession is the determining factor to indicate intent. There is what we call a statutory threshold. Possession of the illicit substance above the prescribed statutory threshold would indicate that you do not have the substance merely for personal use but actually intend to sell it. Under Arizona law, the following are the threshold amounts for common prohibited drugs: Lysergic acid diethylamide (LSD): .5 milliliter PCP: 4 grams Methamphetamine: 9 grams Amphetamine: 9 grams Heroin: 1 gram Cocaine: 9 grams Marijuana: 907 grams   Meanwhile, it’s a different story when it comes to determining intent to sell prescription drugs as a felony. In such cases, legal amounts of the prescription drug are taken on a case to case basis. It would depend on your medical and criminal history, the nature of the drug, and other considerations.

Possible Penalties

When caught carrying marijuana with a volume anywhere between 2 to 4 pounds, it is considered a class 5 felony under Arizona law. If you are caught with an amount above 4 pounds, it is considered a class 4 felony. The sentence prescribed for a class 5 felony is a maximum prison term of 2.5 years. Meanwhile, the maximum term for class 4 felonies is 3.75 years. On the other hand, when you are caught possessing volumes of illegal drugs that are beyond the threshold, you are deemed to have intent to sell the substance. Possession of marijuana for sale in Arizona is classified as a class 2 felony. Class 2 felonies carry a minimum sentence of 2 years imprisonment and a maximum of 12.5 years. On the other hand, possessing prescription drugs usually carry a lighter penalty. when caught possessing prescription drugs with intent to sell, it is considered as a class 6 felony which carries a maximum prison term of 1.5 years and a $1,000 fine. Along with the possible prison terms, other penalties such as community service, fines, and probation may also be imposed when it comes to these drug-related crimes. Worthy of mention is the fact that Arizona courts are likely to rule in favor of first-time offenders and those suffering from drug addiction. Most would be placed under probation and are required to undergo addiction treatment instead of serving their prison terms. All this considered, it would be best to hire a reputable criminal law firm such as the Law Offices of Gary L. Rohlwing in order to ensure that your rights are protected and that your possible prison terms have a chance of being mitigated.

The article Penalties for Possession of Drugs for Sale in Arizona is available on www.criminal-duiattorney.com/blog/

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



from http://www.criminal-duiattorney.com/blog/criminal/penalties-for-possession-of-drugs-for-sale-in-arizona/