Wednesday, July 29, 2020

What is a Disorderly Conduct Charge in Arizona?

Disorderly conduct is a common criminal charge in the state of Arizona. Most disorderly conduct cases are charged as a class 1 misdemeanor, however, in some circumstances, a perpetrator can be charged with a class 6 felony.

A conviction for disorderly conduct will affect your criminal record and subject you to potential penalties.

 

For these reasons, you should seek out representation from a criminal attorney if you are charged.

What is considered disorderly conduct?

According to Arizona law, disorderly conduct is when a person intends to disturb the peace of a neighborhood, family, or person or with knowledge of doing so they:

  • Fight, or engage in violent or seriously disruptive behavior
  • Make unreasonable noise
  • Use abusive/offensive language or gestures to a person in such a way as to likely provoke immediate retaliation by them
  • Make commotion, utterance, or display with the intent to prevent the transaction of a business meeting, gathering, or procession
  • Refuse to obey an order to disperse that is issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency
  • Recklessly handle, display, or discharge a deadly weapon or other dangerous instrument

If a person is alleged to have committed any of the conduct listed above, then they could face a class 1 misdemeanor. If they are alleged to have committed any of these acts and a firearm was involved, then they could be charged with a class 6 felony.

What are the potential penalties for disorderly conduct?

A person who is convicted of a class 1 misdemeanor disorderly conduct may face the following penalties:

  • Fines and costs up to $2,500
  • Up to 6 months in jail
  • Up to 5 years of probation

A person convicted of a class 6 felony disorderly conduct may face up to 1 year in prison and a loss of certain civil rights.

In additional to the potential fines, jail, and probation, a conviction may also result in mandatory drug and alcohol testing, court-ordered substance abuse, or anger management treatment, community service, limitations on firearm possession, and other court imposed requirements.

Are there any defenses to a disorderly conduct charge?

In some situations, there may be defenses available to challenge the charge. This could result in dismissal of the case, a reduction to a less significant charge, or decreased sentencing recommendations.

Some defenses that may be raised include:

  • Reasonable doubt as to any of the elements of the charge
  • A violation of your constitutional rights
  • Justification for your alleged conduct
  • Lack of the necessary intent

What should you do if you are charged with disorderly conduct?

Because a disorderly conduct can have significant consequences, you should be aware of your rights and exercise those rights. Those rights include:

  • The right to remain silent
  • The right to have a trial
  • The presumption of innocence
  • The right to bail if you are arrested
  • The right to have an attorney

To ensure that your rights are protected and that you receive a just outcome, you should contact an experienced criminal defense attorney. A criminal attorney will provide you with legal advice about your case and help you know what to expect. They will advocate for you to receive a fair and just result. At the Law Offices of Gary L Rohlwing, our team strives to help our clients receive the best result possible under the circumstances. We are experienced and know what it takes to present a successful defense.

What is a Disorderly Conduct Charge in Arizona? was originally seen 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/disorderly-conduct/what-is-the-charge-in-arizona/

Thursday, July 23, 2020

What Is the Difference Between Domestic Violence and Abuse?

Often, these two words are used interchangeably to describe similar conduct. They both appear in state codes and may differ according to states. In most cases, the two will appear in family law or domestic relations law statutes related to matters like divorce, child custody, and civil restraining orders.

In this article, we will explore both terms into depth and seek to understand the distinction between the two terms and the statutes around them. But let us first consider what the dictionary has to say about the two terms:
- Domestic abuse: The physical or psychological manipulation towards a member of one’s own family.
- Domestic Viciousness (Violence): The state where some you live with attacks you and tries to cause harm to you.

Domestic Violence

Domestic Abuse Laws

As mentioned earlier, different states may use the terms differently to describe similar conduct. Let’s take the Wisconsin laws, for example. The law here describes domestic abuse as the intent to inflict physical pain, impairment, or fear when committed against a current or former spouse or an adult with a child in common with the abuser.

The statute further broadens the definition of domestic abuse by including property damage and threats to commit any of the actions mentioned earlier. In other words, property damage in Wisconsin committed by a spouse can be considered domestic abuse. The same state also uses domestic forcefulness in other places such as child custody and placement laws, again to refer to similar conduct.

Domestic Forcefulness Laws

We’ve seen how the laws in Wisconsin define domestic abuse and domestic forcefulness. Now, let’s compare Wisconsin's definition with another state, say, North Carolina, to show how the two terms differ.

In North Carolina, Domestic forcefulness resembles domestic abuse in Wisconsin. In this case, both states use different terms to refer to comparable conduct. Other states like Arizona, may be more extensive in defining the acts prohibited by the term. For example, Arizona laws include crime against a child, animal, disorderly conduct, and interfering with emergency telephone calls as domestic forcefulness.

Conclusion

It turns out that there is a very thin line between domestic violence and domestic abuse. Both terms seem to be used interchangeably and will most definitely differ from one state to the other. Therefore, if caught up in a case that uses either term in charges against you, it is best to consult an attorney who is an expert in your state laws.
Being a very sensitive issue, it will be crucial to get all the facts right from the word go. An expert in the field would be an excellent place to start. You will also need all the support and care you can get.

It would be wise to consider an experienced attorney such as Gary Rohlwing, who understand both the defense and prosecution of these matters. When it comes to this kind of offence, there are generally immediate repercussions depending on the harshness of the issue. You will need all the expert help you can get.

The following post What Is the Difference Between Domestic Violence and Abuse? See more on: http://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/criminal-defense/domestic-violence/what-is-the-difference-between-domestic-violence-and-abuse/

Friday, June 26, 2020

Defenses Against Drug Charges

Arizona is a state that carries stringent penalties for crimes. For those reasons, you need an experienced attorney to represent you if you ever receive a charge. Drug charges are among the most harshly penalized of all crimes within the state.

If you get a conviction for anything having to do with drugs, you have a lot to lose. You could be facing jail time as well as high fines and numerous suspended rights.

If you are found guilty, you could also have trouble finding a job to continue supporting your family. Here is some information about us and why you should contact us for an assistant with your charges.

Our attorneys cover a vast assortment of charges related to drugs. We can assist you in a simple case of possession or we can defend you if someone has accused you of selling or cultivated drugs. We also cover drug trafficking charges as well as manufacturing accusations.Furthermore, we can help if you receive a citation for operating a motor vehicle under the influence of a drug. Those charges can carry stiff penalties if you receive a conviction, as well. Therefore, our DUI attorney will be eager to speak with you to see how they can help you.

The Risk of Not Hiring a Drug Attorney

You could always opt to fight an accusatory case by yourself. However, you will run the risk of flat-out losing the case and being railroaded.

Why not protect yourself as much as possible by hiring a drug attorney or DUI attorney to stand up for your rights? Our attorneys know the letter of the law, and they also know all the tricks that the prosecution might use against you if you stand alone.

To convict you of a crime, the prosecution needs to have clear evidence that you committed the alleged crime. If they cannot prove your guilt, you should not have to spend a day in jail or a penny on a fine.

Furthermore, the court must throw out a case where the arresting party did not follow the proper protocol to make the arrest. A criminal defense lawyer will bring those matters into question, and the prosecution must answer them with hard evidence.

What We Can Do for You

We aim to protect your good name and to have you completely exonerated of any crimes of which you are being accused. However, we understand that some situations are complex and they may result in an adverse decision from the court.

We can still work with you if you receive a conviction. Our attorneys will try to have the judge reduce your sentence or give you an alternate sentence that won't create undue stress in your life. We will advocate for you at every step of the process.

You won't have to say a word because our attorney will be your mouthpiece, defender, and confidant. We will file all the necessary paperwork and lay the burden on the other party to prove that you've done wrong. We strive to provoke a judgment in your favor.

We've succeeded in helping many of our clients in the past, and we work hard to maintain our record of going the extra mile for our clients.

Why You Should Choose Us

There are many reasons that you should choose us to handle your case rather than another law office. First, we have the experience. Our attorneys have been defending people facing drug charges for many years. Secondly, our clients respect and trust us.

Our reputation is strong within the community, and you can verify that by having a look at some of our reviews. Thirdly, we offer a free consultation so that we can gain perspective about your situation. You'll risk nothing by contacting us to talk, but you might end up retaining your freedom.

How to Get Help

It's easy to get assistance from our criminal defense lawyer. All you need to do is reach out to the office and schedule a consultation. You can do that by telephone or short form. Someone will make an appointment to have you come in and discuss your charges. The attorney will offer to assist you if you need help with your plight. Don't wait another minute to ask for help. Every minute is an important part of your life.

The post Defenses Against Drug Charges was first published on http://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/criminal-defense/drug-crimes/defenses-against-drug-charges/

Monday, June 22, 2020

Rise of Arizona Domestic Violence Calls to Police During COVID-19

The global coronavirus pandemic crisis has turned our daily lives upside down. From people being unable to work to receiving lockdown violation tickets for failing to properly practice social distancing, it seems we all have a lot of reasons to feel a bit on edge these days.

Being locked in your home is stressful, but being locked in your home when you're in a toxic relationship is downright nerve-wracking. If you're experiencing domestic unease during the current crisis, here are some important things that you need to know to protect yourself legally.

Why Domestic Violence Calls Are Skyrocketing

During quarantine, domestic violence calls to police have been skyrocketing in Arizona. Some people don't understand why exactly this is happening. One comedian joked that he wouldn't suddenly start abusing his spouse if he found himself locked in his apartment.

It's important to realize that these aren't instances of people suddenly waking up one day and deciding to become abusers due to the stress of COVID-19. Instead, these are people who were already plenty of abusive who now find themselves in the company of their victim all day and night. While their victim may have previously been able to escape them for several hours of the day when they were at work, they now have nowhere to run.

Furthermore, abusers aren't people who regulate their emotions and deal with stress very well. Abusers tend to have serious rage issues and cannot cope with hardship without lashing out at their loved ones, both verbally and physically. When an abuser finds themselves in a stressful situation, they're more likely to ratchet up their abuse instead of dealing with their emotions in a healthy way.

How People Exploit Domestic Violence Laws

The world is full of real abusers and real victims. These are the people who law enforcement ought to be focusing on, especially during these unprecedented times. Unfortunately, the world is also full of toxic people who throw around accusations of domestic violence as a way to spite their partners, despite the fact that the person their accusing has actually done nothing wrong.

Tensions are high in many households currently under lockdown. Just like an abuser, when a toxic partner is put under stress, they lash out in unhealthy ways. This can include filing false domestic violence charges against their significant other. Many people are perfectly willing to lie to law enforcement if they believe it will help them to get revenge against a partner who they believe has slighted them.

Sadly, the Arizona police have to err on the side of caution when it comes to domestic violence cases. Domestic violence is serious and can be fatal. No cop wants to free a potential abuser and risk being the reason why a victim ultimately perished. For this reason, they'll often arrest alleged abusers, even if they're fairly confident that the accuser is fabricating their story.

If you've found yourself on the receiving end of domestic violence charges, you need a criminal lawyer who will fight for justice and fairness. Contact the Law Offices of Gary L. Rohlwing today for more information about a criminal lawyer who will work hard to protect your rights.

Rise of Arizona Domestic Violence Calls to Police During COVID-19 was first published to Gary Rohlwing Law Offices 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/criminal-defense/domestic-violence/rise-of-arizona-calls-to-police-during-covid-19/

Thursday, May 28, 2020

Defining Domestic Violence in the State of Arizona

Unlike what many people think, domestic violence isn’t the title of an actual crime in the State of Arizona. It is a term used when criminal charges are alleged for an individual who commits a crime against someone with whom they are in a domestic relationship. A charge of domestic violence may apply to former partners, as well as those who are only dating and even certain family members. Domestic violence in Arizona is explained through Statutes 13-3601.

Domestic Violence

 

Crimes that Fall Under Domestic Violence

Following are crimes that may constitute domestic violence:

  • Harassment
  • Verbal and physical assault
  • Sexual assault of a minor
  • Child abuse
  • Violation of a restraining or protection order
  • Physical or sexual battery
  • Murder
  • Kidnapping
  • Abuse of the elderly

There are cases when simple arguments lead to shouting and verbal assault. If this happens, you can call the cops to intervene. This is because, when things get out of control, people can make impulsive decisions spurred by anger, jealousy, and rage. The victim can then file a case for domestic violence.

Dropping a Domestic Violence Charge

Now, what will happen if the victim changes his/her mind, and no longer wants to pursue the case? Having charges dropped won’t be easy. In Arizona, prosecutors can continue to try a case, even if the alleged victim decides not to follow through with the charges themselves.

Arizona prosecutors presume that people who file domestic violence charges against another person are victims. But this is isn’t the case all the time. In some instances, people press charges for the crime even when no violence actually happened.

A lot of the alleged victims may then attempt to drop the charges they filed only a few hours earlier – only to find that they can’t. They may have made a rash decision due to hurt, anger, or other overwhelming emotions. However, Arizona prosecutors are trying to protect those victims who brought a legitimate charge of domestic violence against someone they are afraid of or who they have strong feelings for. These victims may decide to drop charges so as to not make the life of the accused difficult or because they are convinced by them or intimidated into dropping charges.

The state of Arizona is vigilant against people accused of domestic violence, as well as those who claim to be victims then try to drop the case later.

Grounds for Dismissal of a Domestic Violence Case in Arizona

A charge for domestic violence may be dismissed if admissible evidence is lacking. The prosecution must prove beyond a reasonable doubt that the defendant actually committed the crime. If there is insufficient evidence to prove the accused party’s guilt, the prosecution may then decide to have the charges dropped and avoid a verdict of not guilty.

Uncooperative Witness

If the victim wants to drop the charges, dismissal of the case doesn’t follow right away. Even if the alleged victim refuses to testify, the case can still progress. But, a victim who changes or recants their story will make it more difficult for prosecutors to win the case.

A person is deemed to be an uncooperative witness if they cannot recall some facts about the incident, fail to make themselves available in depositions, or downplay the incident’s impact. A victim may be deemed uncooperative even if they only act this way out of fear, guilt, or embarrassment.

Importance of a Domestic Violence Lawyer

Domestic laws in Arizona can be more complicated than in other states. Thus, it is important that you consult with an experienced and reputable defense lawyer when facing a domestic violence charge. The Law Offices of Gary L. Rohlwing can help you get the best possible results. Atty. Rohlwing can assess your specific case, examine all the facts, and come up with the best strategy for your defense. Gary Rohlwing provides domestic violence defense representation in Glendale, Surprise and Avondale.

Defining Domestic Violence in the State of Arizona Read more on: http://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/criminal-defense/domestic-violence/defining-in-the-state-of-arizona/

Thursday, May 21, 2020

Can Cannabidiol (CBD) Cause a DUI Offense in AZ?

Cannabidiol is a non-intoxicating compound that is derived from hemp or marijuana. In many places, it is considered to have potential medicinal benefits.  It’s considered a viable treatment option for illnesses such as arthritis, epilepsy, anxiety disorders, and Alzheimer’s disease.

In general, it does not cause DUI offenses because it does not impair a person’s ability to drive. In fact, it’s the THC in marijuana that alters one’s state of mind, not CBD. However, due to state laws, people in Arizona should still avoid using this compound before or while driving.

Is CBD Legal?

Yes, it is. It was first legalized when the 2014 federal farm bill approved the legalization of hemp cultivation. Arizona also passed the Arizona Medical Marijuana Act (AMMA), which legalized the use of medical marijuana in 2010.

The Food and Drug Administration (FDA) has also approved Epidiolex, a CBD-based medication. In addition, despite the push-back from prosecutors on marijuana extracts, state judges have still ruled in favor of such extracts.

Judge Katherine Cooper ruled in favor of marijuana extracts in March 2014. Judge Dale Nielson initially ruled against these extracts; however, he changed his decision in March 2018.

The Connection of CBD to DUI Offenses

Even though CBD is legal and using it will not cause you to hallucinate or impair your ability to drive, you should still refrain from using it if you are about to get behind the wheel. According to Arizona state law, it’s illegal to drive if you have the drug in your body, under Title 13-3401. Therefore, CBD and other resins extracted from cannabis can result in a DWI offense.

Nevertheless, you can still create products from cannabis stalks. These products are not regarded as cannabis by Title 13-3401. Because of this, it is quite difficult for consumers and law enforcers to identify which part of the cannabis plant such products were created from.

What if you take a drug test? Will they find CBD? If you get stopped and are suspected of DUI by a police officer, you will be given a drug or alcohol test. Your saliva and blood will be tested for traces of THC, not CBD. Hence, CBD will not show up on your drug test.

Then again, if you ingest large doses of CBD oil, your test may still show a false-positive result. Nevertheless, further testing should show you to be negative for the drug they are actually testing for. The US Drug Test Center states that CBD by itself is not powerful enough to bring about drug test red flags.

With this being said, you can use CBD safely and legally. It will not cause problems with the law. It will not make you intoxicated. More importantly, it will not have any effect on your driving ability. It can even improve your general well-being and alertness.

Then again, for best results, you should refrain from using CBD if you know that you have to drive somewhere. If you are using marijuana, you should probably wait until your system is clear of THC and CBD before you go out. If you ever need to get legal assistance, you can call the law offices of Gary L. Rohlwing; we provide DUI, criminal defense, and domestic violence representation all over Arizona.

The following article Can Cannabidiol (CBD) Cause a DUI Offense in AZ? Read more on: http://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/misdemeanor/what-charges-can-cannabidiol-cbd-cause-in-az/

Sunday, May 17, 2020

What You Need to Know About False or Unlawful Imprisonment

False or unlawful imprisonment is a serious offence in Arizona, with correspondingly severe penalties. It is defined as knowingly and illegally detaining or restraining another individual without license or warrant.

For instance, let’s say you were in an argument with your boyfriend or girlfriend and they wanted to leave. Not ready to end the conversation, you took their bag or car keys to prevent them from leaving; this act can be considered unlawful imprisonment.

You don’t even need to commit a physical activity in order to be charged. Verbally threatening a person with harm if they leave may be enough to constitute unlawful imprisonment. It is up to the judge and the prosecutor to determine if a person should be charged with this offence.

felonies

What distinguishes unlawful imprisonment from kidnapping is the intent behind the offence. With unlawful imprisonment, there is not necessarily malice when you detained someone. However, even if you detained the person for what you believe are positive reasons, with no intent to harm them, you can still be charged with this offence. On the other hand, in a kidnapping, the perpetrators knowingly detained a victim with a certain degree of malice.

Penalties

Unlawful imprisonment is classified under Arizona law as a Class 6 felony. Class 6 felonies are considered the least serious offences and have the lightest penalties.

For this class of felony, the minimum sentence is one year in prison and two years for aggravated offences. If you are a first offender, however, you may spend only six months in prison. The judge may even choose to downgrade the charges to a class 1 misdemeanor, depending on the circumstances of the case.

For instance, if the perpetrator releases the victim in a safe environment and a secure fashion before the police arrive, the offence can be downgraded to a misdemeanor. Misdemeanors qualify to be expunged from your criminal record once you have completed your sentence and met other requirements.

However, if violence is involved, then the offence becomes more serious. You may be sentenced to longer jail times in addition to fines and other penalties the judge deems appropriate, such as anger management classes.

Potential Defense Against Unlawful Imprisonment

If you are charged with unlawful imprisonment, your lawyer will try to invoke one of the affirmative defenses included in the statute. These defenses mean that the defendant cannot be convicted of the offence even if they fulfill every other element. For instance, if you are a family member resuming legal custody by using force, under the majority of circumstances you are considered not guilty.

An unlawful imprisonment charge should not be taken lightly. You need the services of an experienced criminal attorney to defend you.

Attorney Gary L. Rohlwing practices in criminal defense and provides representation to Glendale, Phoenix, Peoria and Surprise residents. He has been a licensed attorney in Arizona for over 35 years and has handled over 3500 cases as the attorney of record. He is also a former Peoria and Phoenix prosecutor.

If you or someone you love has been charged with illegal imprisonment, call the Law Offices of Gary L. Rohlwing at (623) 937-1692 to schedule a free initial consultation.

What You Need to Know About False or Unlawful Imprisonment was originally published on http://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/criminal-defense/felonies/what-you-need-to-know-about-false-or-unlawful-imprisonment/