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

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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

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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/

Monday, October 28, 2019

The Real Damage of False Criminal Accusations

Being falsely accused of a criminal act is one of the worst things that could happen to anyone. It can ruin your life. Plus it’s a waste of time, resources, and energy. False Criminal Accusations When someone is falsely accused and charged with that crime, there are only two possible outcomes:

  • The falsely accused is exonerated and proclaimed innocent
  • The falsely accused is wrongly convicted and sentenced to serve jail time
The first outcome is what most falsely accused defendants hope for. They believe that the truth will always prevail. However, some of those who are falsely accused are found guilty and serve severe punishments, and these people lose the peaceful life for which they worked so hard. They lose their jobs, their homes, their families, and their friends. People lose trust in them, and they feel helpless because there’s nothing they can do. When one is falsely accused, it is important to find the right people to help.

Circumstances Where Someone Might be Falsely Accused of Crimes

There are various reasons why, and scenarios in which someone might be falsely accused of a crime. Many of the prevalent crimes in which people are found to have been falsely accused are sex crimes. These crimes include rape, attempted rape, and other forms of sexual assault.

A person may be wrongfully accused of sexual assault when:

  • The victim or witness has mistakenly identified the accused as the criminal
  • The accused is currently in a tumultuous relationship and their partners falsely accuses them of sexual assault to inflict pain and suffering
  • The accused has had a sexual encounter with someone who proposed casual sex and then used that encounter to frame them for rape or sexual assault
Other than sex crimes, false criminal accusations can also be commonly found in divorce cases. Often, the opposing parties opt to play dirty tricks against each other in order to get the upper hand. Domestic violence is the most common type of false accusation used in divorce trials. Other criminal acts that may be brought up in divorce cases include the following:
  • Sexual abuse
  • Child abuse
  • Drug use
  • Illegal acts
  • Promiscuity or adultery
Whatever the intentions of the complainant are, making false criminal accusations can drastically change someone’s life. Most of the time, even if proven innocent, they have difficulty getting their old life back.

What to Do When Faced with a False Criminal Accusation

When you are faced with a false criminal accusation, you SHOULD NOT do the following:

  • Try to talk to the complainant (alleged victim) or witness
  • Talk to officers without a lawyer present
  • Volunteer to any kind of testing or permit searching without legal counsel
  • Destroy or tamper with any evidence
  • React violently or disorderly towards the complainant or the officers

Instead, you SHOULD do the following:

  • Insist on your right to remain silent
  • Call for a lawyer or attorney to represent you
  • Gather any physical evidence including documents and records of communications
  • Demand for search warrants before accommodating any search party
  • List names of potential witnesses and other possible evidences
If you find yourself being falsely accused of a crime and need legal help for your case, you can count on the criminal attorneys from the Law Offices of Gary L Rohlwing. You can reach them at (623) 937-1692.

The Real Damage of False Criminal Accusations See more 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 http://www.criminal-duiattorney.com/blog/criminal/the-real-damage-of-false-criminal-accusations/

Monday, October 7, 2019

Is a DUI a Felony in Arizona?

  If caught driving under the influence of alcohol with a blood-alcohol content above the legal limit, you will likely be arrested. Arizona DUI laws also cover driving under the influence of illegal drugs.

Blood-Alcohol Content Limits

The standard DUI limit in Arizona is a blood-alcohol content of 0.08 percent. As to how many bottles or how many shots of alcoholic drinks it takes to reach this level, it varies from person to person. Blood-alcohol content is affected not only by the type and amount of alcoholic beverage consumed, but also by gender, weight, and the amount of time that you’ve been drinking. Nonetheless, the bottom line is, a blood-alcohol content above the statutory limit would make you too drunk to drive.

Possible Penalties

Arizona DUI Law takes into account different blood-alcohol content levels along with other factors. These factors include previous arrests and/or conviction, and whether or not there were minor passengers at the time of the arrest.
  • Standard DUI First offense: The first time you are arrested with a standard DUI of 0.08+, you can receive 10 days of jail time. Along with this, you may be fined up to $1,500, plus jail costs and an $80 monitoring fee. You will be required to undergo screening and counseling. You could also get a 90-day suspension or one-year revocation of your driver’s license.
  • Standard DUI Second Offense: The second time you’re caught driving while intoxicated with a blood-alcohol content over 0.08, you will be made to serve 9 days in jail. The fine is about $3,500 with jail/home detention costs and an $80 monitoring fee. You will also be required to undergo screening and counseling. Your license will be revoked for one year and you’ll have to serve 30 hours of community service.
  • First offense for extreme DUI: An extreme DUI of 0.15+ could lead to 30 days jail time. Along with this, you will also be fined about $2,780, plus jail/home detention costs, and an $80 monitoring fee. Screening and counseling are required and you will also receive a 90-day MVD suspension.
  • Second offense for extreme DUI: The second time you are arrested with severely high alcohol content levels, you have to serve 120 days in jail. Fines would run to about $3,740, plus jail/home detention costs and an $80 monitoring fee. You will be required to undergo screening and counseling and receive a 1-year revocation of your MVD. You will also be required to serve 30 hours of community service.
  • First offense for super extreme DUI: The first time you are arrested with a super extreme DUI of 0.20+, the possible jail time is set at 45 days. You will also have to pay fines averaging at $3,240, along with jail/home detention costs and an $80 monitoring fee. You will have to undergo screening and counseling, along with a 90-day MVD suspension.
  • Second offense for super extreme DUI: The second time you’re caught at this level of intoxication, jail time is raised to 180 days and the fine goes up to about $4,650, plus jail/home detention costs and a monitoring fee of $80. You will also get 1-year revocation of your MVD and will have to render community service for 30 months.
Terms of the jail time and other penalties can actually be negotiated while in court. So, in case you get arrested, it is best to have a lawyer from a reputable firm like the Law Offices of Gary L. Rohlwing.

Is a DUI a Felony in Arizona? See more on: Gary Rohlwing www.criminal-duiattorney.com/

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/is-a-dui-a-felony-in-arizona/