Tuesday, July 10, 2018

Restoring Gun Rights in Arizona

A person with a felony conviction cannot legally possess or use guns in Arizona. Restoration of gun rights is not automatic in Arizona. Whether or not a person can have gun rights restored after a felony conviction depends on the nature of the felony and how much time has passed since the date of conviction. A person who has been convicted of a dangerous crime can never have their gun rights restored according to A.R.S. §§ 13-905(C) https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/13/00905.htm and 13-906(C).  https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/13/00906. A.R.S. § 13-105(13) defines a “dangerous offense” as an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury to another person. An individual with a misdemeanor conviction for an offense that is considered “domestic violence” faces serious obstacles in restoring gun rights. In 1997, Congress passed the Domestic Violence Offender Act found at 18 U.S.C. § 921(A)(33)(B)(ii) https://www.law.cornell.edu/uscode/text/18/921. This federal act prohibits a person convicted of a domestic violence offense from possessing a gun unless the conviction was expunged, set aside, or had civil rights restored in states where domestic violence misdemeanors cause a loss of civil rights. In Arizona, a misdemeanor conviction does not result in a loss of civil rights. This means that the only process available to possibly restore gun rights is to apply to set aside the conviction pursuant to A.R.S. § 13-907 https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/13/00907.htm Unfortunately, a judge could decide to set aside the conviction and not restore gun rights. A person who has been convicted of a felony offense that is not a serious offense as defined by A.R.S. § 13-706 must wait for two years from his or her discharge from probation or absolute discharge from prison before filing for restoration of gun rights. A person who has been convicted of a serious offense as defined by A.R.S. § 13-706 must wait for ten years from his or her discharge from probation or absolute discharge from prison before filing for restoration of gun rights. A.R.S. § 13-706(F)(1) defines “serious offense” as: (a) First degree murder. (b) Second degree murder. (c) Manslaughter. (d) Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument. (e) Sexual assault. (f) Any dangerous crime against children. (g) Arson of an occupied structure. (h) Armed robbery. (i) Burglary in the first degree. (j) Kidnapping. (k) Sexual conduct with a minor under fifteen years of age. (l) Child sex trafficking. Restoration of gun rights is discretionary with the judge or his/her successor who sentenced the individual. If you want to restore your gun rights, you need an experienced attorney who will fight for you. Get in touch with Attorney Gary Rohlwing to help with restoring your rights to carry a firearm. He has over three decades of experience. Please call him today for a free 30 minute consultation.  

The following blog post Restoring Gun Rights in Arizona was first published to http://www.criminal-duiattorney.com/blog/

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/criminal/restoring-gun-rights-in-arizona/

Sunday, June 24, 2018

Why Defense Attorneys Should Not Judge Clients

Judging others is usually seen as acceptable. We expect judges, juries and prosecutors to judge defendants, people charged with crimes. We also expect that their judgments will be fair and based on the evidence presented in court. Forgotten in all this talk is the fact that defense attorneys sometimes prejudge their clients as guilty. Let’s imagine a scenario where the defendant is a middle-aged man named Tom who has no prior criminal record and has a good reputation in the community. The prosecutor charges him with inappropriately touching a young child, a felony known as child molestation. On paper, Tom seems guilty: the prosecutor has the statements of the young child who was interviewed by an experienced sex crimes detective. The reality is that the charge is completely false. Tom is frightened and confused by the whole thing. He wants to hire an attorney who will believe him and reveal the truth: he is innocent. Unfortunately, he hires a defense attorney who manages to conceal his belief that all middle-aged men charged with molesting young children are always guilty and should rot in prison. How does the attorney’s belief effect his representation of the client? The attorney talks to Tom as little as possible. After all, who wants to talk to a guilty child molester? The attorney does not investigate the case as thoroughly as he should. The prosecutor’s case appears strong. He does not want to determine whether or not the charge is actually true. The attorney does not analyze the case as thoroughly as he should. That would require spending time learning all the facts. Because he does not investigate and analyze the case thoroughly, relevant pretrial motions to dismiss the case and/or suppress evidence do not get prepared and filed. The attorney does not effectively negotiate if a plea is offered. The presumptive sentence of 17 years in prison as dictated by A.R.S. § 13-705(D) is fine with him. If Tom insists on a trial, the attorney puts in the least amount of effort possible. He does not want to help a guilty client escape punishment. Because of his attitude, important issues for appeal are not raised at the trial where they could actually make a difference in the trial outcome. Unsurprisingly, Tom is found guilty. The attorney once again puts forth little effort at Tom’s sentencing hearing so he does not receive the minimum sentence of 10 years in prison. Tom is sentenced to 17 years in prison. Because of the attorney’s poor performance at trial, Tom’s appeal, if there is one, is unsuccessful because all the appeal issues should have been raised at the trial for the trial judge to handle. Don’t make the mistake of hiring a judgmental criminal defense attorney. Attorney Gary Rohlwing is an experienced attorney who will not judge you even if you are charged with a sex crime against a child. Please call him today for a free consultation.

The blog post Why Defense Attorneys Should Not Judge Clients was first published on http://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/why-defense-attorneys-should-not-judge-clients/

Sunday, June 10, 2018

Planet Defendant: Learn the Lingo Part One

Being charged with a crime can feel like being transported to another world called Planet Defendant. Like all worlds, Planet Defendant has its own lingo that one should learn to better understand what’s happening. The following list is specific to Maricopa County Superior Court and defines some common words. Some of the definitions were taken from the Adult Criminal Trial Process page of the Maricopa County Attorney’s Office website found at https://www.maricopacountyattorney.org/189/Adult-Criminal-Trial-Process This blog post defines words in the first half of the alphabet; next month’s blog post will define words in the second half of the alphabet.

  • Arraignment: A court hearing that is held within ten days after the filing of an indictment or direct complaint. At the arraignment, the judge informs the defendant about the exact charges against him, that he should hire an attorney or see if he qualifies for a public defender, and asks him if he pleads guilty or not guilty to the charges. The judge then sets a date for a pretrial conference and trial date.
  • Charge: A formal accusation made by the prosecutor that a person has committed a crime that is found in a complaint. A charge is called a “count” if it is found in an indictment.
  • Complaint: A document prepared by the prosecutor which describes the felony offense(s) the defendant is alleged to have committed.
  • Court: A general term that refers to any judge or commissioner.
  • EDC: “EDC” stands for “Early Disposition Court”. EDC handles most first and second offense drug offenses. Eligible cases are identified at the Initial Appearance. The plea and sentencing are combined.
  • Indictment: A document prepared by the prosecutor based on the findings of a Grand Jury. It has formal accusation(s) called count(s) stating that a person has committed crime(s). Upon receiving an indictment, a judge may either issue a summons ordering the defendant to appear in court or prepare an arrest warrant.
  • Initial Appearance: This is the first court hearing that is held after a person is arrested at the scene or based on an arrest warrant. At the initial appearance, the judge informs the defendant about the felony allegations, his right to an attorney if he can afford one or a public defender if he cannot, and conditions of the defendant’s pretrial release. He then sets a date for a status conference and preliminary hearing.
  • Jail: The jails hold defendants who have not been sentenced and can’t make bail or are ineligible for bail as well as defendants sentenced to less than one year incarceration.
  • Law: A general term that refers to Arizona laws (the Arizona Revised Statutes) and decisions/opinions from the Arizona Supreme Court and Arizona Court of Appeals.
  Planet Defendant lingo can be confusing. Attorney Gary Rohlwing knows the lingo because he has over three decades of experience defending clients in Maricopa County Superior Court. Please call him today for a free consultation.

Planet Defendant: Learn the Lingo Part One Find more on: Glendale Arizona Law Offices of Gary Rohlwing

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

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from http://www.criminal-duiattorney.com/blog/criminal/planet-defendant-learn-the-lingo-part-one/

Sunday, May 20, 2018

Major Players Disagree on Arizona Criminal Justice Reform

Criminal justice reform has been a recurring theme in the Arizona Legislature the last few years. Unfortunately, reform is very slow in coming compared to other states. Reporters Paulina Pineda and Katie Campbell wrote an article for Arizona Capitol Times entitled “Arizona Resistant to Change in “tough-on-crime” Sentencing Laws” that was published on March 23, 2018 detailing why reform is slow. The article can be found at the following link: https://azcapitoltimes.com/news/2018/03/23/arizona-doug-ducey-bill-montgomery-david-stringer-will-gaona-caroline-isaacs-kurt-altman-resistance-to-criminal-justice-reform/ Maricopa County Attorney Bill Montgomery wants tougher sentencing laws while Will Gaona, policy director of the ACLU of Arizona, the American Friends Service Committee, and Families Against Mandatory Minimums want to change Arizona’s rigid sentencing laws and end mandatory minimum sentences, especially for drug offenses. Montgomery has like-minded allies in the Arizona legislature who seem to have a lingering “tough-on-crime” mentality. Montgomery believes that Arizona is already ahead of other states. According to the authors: “Montgomery called other ideas being pushed by the smart-on-crime crowd “pet projects” that are “based on myths and rhetoric.” “Most of the folks who call criminal justice reform ‘reform’ – all they’re really out to do is arbitrarily adjust sentencing statutes or adjust truth-in-sentencing with no data to support it,” he said.” . . . But Montgomery scoffed at their ideas of “so-called reform,” arguing that they’re trying to overlay other states’ solutions on Arizona. He said the reality is other states either face different problems or are simply implementing measures Arizona embraced years ago, such as diverting first-time drug offenders to treatment instead of prison. “And because we weren’t part of the so-called reform wave, we don’t get credit for what we did,” Montgomery said. He said the first step in the public policy conversation must be to define the problem and determine what resources are needed to solve it. “For so many, and this is what has been a frustration of mine, they don’t understand the problem,” he said. “We need to come to a common understanding of the criminal environment we actually have, the types of crimes we have to deal with, and then what makes for the most effective policy. … What do we want to define as success for the criminal justice system in Arizona?”   For Montgomery, success would mean reducing recidivism, a goal he shares with Gov. Doug Ducey.” Gaona stated that the recent finding in the Arizona Prosecuting Attorneys’ Advisory Council’s updated Prisoners in Arizona report that 84% of state prisoners are repeat offenders “demonstrates the failure of our criminal justice system” and “Obviously, this is not an effective intervention, and we’re just going to try it again for longer period of time for something that has already been demonstrated not to work.” Governor Doug Ducey has been largely silent about reforming the sentencing laws. He wants to reduce recidivism as explained by his spokesman: “Ducey spokesman Daniel Scarpinato said the governor approaches the issue from a public safety perspective. The governor’s priority, he said, has been to provide people who have already served their time with opportunities to get back on their feet by helping them get jobs, government benefits, and treatment. Those efforts, Scarpinato said, will help reduce recidivism rates and the state’s prison population, while still “making sure we’re enforcing the rule of law and still being tough on crime.”” Since Arizona is still a “tough on crime” state, you need an experienced defense attorney if you are charged with a crime. Attorney Gary Rohlwing is an experienced criminal defense attorney and has over three decades of practicing law. Please contact him today for a free initial consultation.

Major Players Disagree on Arizona Criminal Justice Reform is republished from Law Office of Gary L. Rohlwing

Law Offices of Gary L Rohlwing

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from http://www.criminal-duiattorney.com/blog/criminal/major-players-disagree-on-arizona-criminal-justice-reform/

Thursday, May 10, 2018

Can a Domestic Violence Victim Drop Charges?

You are a battered wife. Once again, your husband is punching and physically harming you. Your friend, who lives next door, contacted the police who arrived just in time to stop the beating. They then charge your spouse with domestic violence. You find yourself in a chaotic situation. Surely, you don’t want your husband to abuse you, but neither do you want him to get entangled in legal imbroglio. A lot of women in your same situation, sadly, feel the responsibility to protect their abuser: their own husband. Suddenly, they want the charges against their husband dropped. The question is, can a victim of domestic violence drop the charges? NO, the victim cannot drop the charges.  

Why a Domestic Violence Victim Cannot Drop the Charges

Once a domestic violence charge has been issued by the office of the state prosecutor or the police, there is no way that the victim can drop the charges. This is because domestic violence is categorized as a crime. Many people misunderstand the process behind the filing of criminal charges. The state governs and issues criminal charges and not the victim. If you are a victim of domestic violence, you have no authority to drop the charges, which you did not issue, in the first place. It is up to the state, specifically the Prosecutor’s Office, to decide whether or not to proceed with the case. However, as the victim, you have a significant role in the proceedings.  

The Role of the Victim in a Domestic Violence Case

As the victim, the court may require you to testify against the accused, in case there is a trial. You may also be brought in to air your opinion. Some states allow the victim to refuse to testify in court, although the refusal may come with penalties. When coming up with a decision to release the accused, the judge may invite you, as the victim, to express your opinion on whether or not you agree with the decision to release, and why. The victim’s role is not limited to being passive, however. It is not confined to just testifying or giving your opinions in court. Although you cannot file a criminal case, you have the right to file a civil case. This way, you can claim compensation for the personal injuries you sustained, psychological injuries, lost wages, as well as cost of living. You likewise have protection options. You can request for a restraining order against the accused. A restraining order can help guaranty your safety. For one, there are restraining orders that will require the subject to surrender his guns while the restraining order is in effect. Depending on the state, you may be allowed to have an early release from your current lease. This option can prove to be helpful if you fear that your spouse may harm you again after being released. This will allow you to find a new place to live in, separate from your spouse.  

Recanting a Victim’s Statement

Although domestic violence victims can’t drop the criminal charges against their abusers, many victims opt to recant the statements they issued to investigators and police officers. Some battered wives do it in hopes of having the charges against their spouses dropped. However, recanting will not affect the state’s decision on whether to proceed or drop the case. The case can still be prosecuted using other evidences including police reports and photographs.   The court takes cases of domestic violence seriously. Thus, dropping a charge is not easy, most especially when children are involved. If you need more information about about getting a restraining order or domestic violence charges, contact the Law Offices of Gary L. Rohlwing.

Can a Domestic Violence Victim Drop Charges? was originally seen on Law Offices of Gary Rohlwing - criminal-duiattorney.com/

Law Offices of Gary L Rohlwing

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(623) 937-1692

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from http://www.criminal-duiattorney.com/blog/domestic-violence/can-a-domestic-violence-victim-drop-charges/

Friday, April 27, 2018

Arizona’s Catch – All Aggravating Circumstance

A.R.S. § 13-701(D)(26) is a catch-all for the prosecutor to use at sentencing if other aggravating circumstances don’t apply:

“ 26. Any other factor that the state alleges is relevant to the defendant's character or background or to the nature or circumstances of the crime.” You can find the original document at https://www.azleg.gov/ars/13/00701.htm
The Supreme Court of Arizona has held that an aggravated sentence based solely on the catch-all aggravator violates due process because that aggravator is “patently vague.” See State v. Schmidt, 220 Ariz. 563, 566 ¶¶ 9-10 (2009). The Arizona Court of Appeals has found that the following are appropriate aggravating circumstances under the catch-all:
  • Defendant’s misconduct that rises to a level beyond that which is merely necessary to establish an element of the underlying crime. State v. Tinajero, 188 Ariz. 350, 357 (Ariz. App. 1997),
  • Defendant’s prior conduct that didn’t result in a conviction. State v. Shattuck, 140 Ariz. 582, 583 (1984).
  • Society’s need for deterrence is a proper aggravating factor. See State v. LeMaster, 17 Ariz. 159, 166 (Ariz. App. 1983).
  • Defendant is a danger to society. See State v. Wideman, 165 Ariz. 364, 369 (Ariz. App. 1990).
  • Defendant’s single act created multiple victims. State v. Tschilar, 200 Ariz. 427 (Ariz. App. 2001).
  • Defendant’s attempt to cover up the crime and not seek help for the victim. See State v. Jenkins, 193 Ariz. 115 (Ariz. App. 1998).
  • Defendant’s lengthy criminal history. See State v. Fristoe, 135 Ariz. 25 (Ariz. App. 1982).
  • Defendant was previously on probation, violated probation, or was on probation at the time of the crime is an appropriate aggravator. See State v. Winans, 124 Ariz. 502 (Ariz. App. 1979); State v. Ritacca, 169 Ariz. 401 (Ariz. App. 1991).
  • Defendant was previously imprisoned. See State v. Soto-Perez, 192 Ariz. 566 (Ariz. App. 1998).
The Court of Appeals has also found that a defendant’s lack of remorse is not a proper aggravating circumstance. See State v. Tinajero, 188 Ariz. 350, 357 (App. 1997). Moreover, a defendant’s prior exemplary life is not a proper aggravating circumstance. See State v. Just, 138 Ariz. 534, 551 (Ariz. App. 1983). If you are charged with a felony, the prosecutor will most likely use the catch-all aggravator to aggravate your sentence. Don’t fight the prosecutor alone. You need an experienced defense attorney to fight for you and help you with your felony defense. Attorney Gary Rohlwing has over three decades of experience. Call him today for a free consultation.

Arizona’s Catch – All Aggravating Circumstance was first published on Our Blog

Law Offices of Gary L Rohlwing

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(623) 937-1692

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from http://www.criminal-duiattorney.com/blog/criminal/arizonas-catch-all-aggravating-circumstance/

Sunday, April 15, 2018

Impact of a Domestic Violence Charge: Why Hire an Experienced Lawyer

A domestic violence (DV) charge should not be taken lightly. It is a serious charge with potential long-term repercussions on your rights and freedom. If you are charged with domestic violence, you should immediately consult with an experienced domestic violence lawyer. The Law Offices of Gary L. Rohlwing can help protect your rights. Following are the various negative effects of domestic violence on various aspects of your life, if convicted.  

Consequences on Your Employment

Getting a domestic violence conviction may cause you to lose your present job or make it difficult for you to find gainful employment. With today’s advanced technology, employers can easily verify the criminal records of potential and current employees. There are even websites that offer to provide criminal background checks within minutes at a very minimal cost. Before making a decision to hire an applicant, most employers run a background check. When an employee is flagged for a domestic violence charge, it is generally considered an indication that the person is dangerous and prone to violence, whether at home or in the work place. As a result, the employee will not be offered a job. Likewise, current employees who are convicted of a domestic violence crime may not be considered for promotion or stricken off the list of candidates – even if they have the necessary experience and skills for the job. In some cases, they may even be fired from their jobs - even if they have been with the company for a long time.  

Consequences on Your Military Career

Once you are convicted for a domestic violence crime, you can kiss your military career goodbye. Aside from getting disqualified from serving in the military, a conviction will bar you from carrying a firearm or any kind of weapon. You will be discharged involuntarily from service, and if you are planning on entering the service, you will not be permitted to enlist. It may also affect your retirement benefits. You will also be denied of a security clearance under Directive 5220.6 of the Defense Department. Your military pension will be stopped, if you are currently entitled to it. Thus, you must make sure to talk to your lawyer as soon as you are charged with domestic violence.  

Consequences on Your Marriage and Child Custody

In many cases, a criminal conviction for domestic violence may spell the end of your marriage. Most couples involved in domestic violence ended up in divorce or separation. If you have children, you will likely lose in a custody battle, in case one will ensue. In almost all cases, custody is awarded to the victim spouse. Because being a domestic violence victim becomes a big advantage not only in child custody cases, some scheming spouses use allegations of domestic violence against their partners to win custody of their children, gain a decided edge in divorce situations, as well as to hide adultery.  

Consequences on Your Professional Licenses and Permits

Renewing or getting a new professional license may become difficult if you have a criminal domestic violence conviction. The same is true when getting a financial bond. This can be a big problem for professionals like lawyers, doctors, nurses, bond traders, stock brokers, and real estate agents, among others. If your profession requires the use of explosives and weapons like guns and firearms, you can no longer effectively perform your duties because a conviction will disallow you from bearing arms. Under the law, a convicted domestic violence offender can’t possess, buy, acquire, or take possession of firearms, ammo, and other dangerous weapons. If you are found guilty of violating this federal law, you will be meted with a mandatory sentence of at least 5 years in jail, in effect causing you to lose gainful employment. These include, police officers, fire officers, and other jobs that involve the use of firearms, weapons, guns, explosives, and other dangerous substances.   Domestic violence is a criminal offense, and should never be taken lightly. Bear in mind that once you are convicted, the repercussions on your future may be devastating and permanent. If you need a domestic violence attorney, call the Law Offices of Gary L Rohlwing as soon as you are charged with a DV crime. We have the experience in handling various types of domestic violence cases.

The article Impact of a Domestic Violence Charge: Why Hire an Experienced Lawyer was originally published to Gary L Rohlwing Lawyer

Law Offices of Gary L Rohlwing

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Glendale, AZ 85301

(623) 937-1692

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from http://www.criminal-duiattorney.com/blog/domestic-violence/impact-of-a-domestic-violence-charge-why-hire-an-experienced-lawyer/

Thursday, April 5, 2018

What to Do Following an Arizona Arrest

Innocent or guilty, you have the right to defend yourself after being arrested. Regardless of what charges you are facing, there are some steps you need to take both to defend your rights and to prevent your case from getting worse. You also need to understand your rights and responsibilities as a suspect, as your rights are only applicable if you actually use them! Here are the things you should do following an arrest in Glendale or Peoria, Arizona.  

What is an Arrest and What It Means For You

An arrest is defined the act of a police officer to take a person into custody. While an arrest may culminate with the person going to jail, this is not always the case. Also, an arrest goes beyond just sending a suspect to prison. Sometimes, a person can be arrested for further questioning. There are 3 scenarios a person can be arrested for: if the officer sees someone in the act of committing a crime, the officer has reason to believe that a person has committed a crime, or a judge has issued an arrest warrant for whatever reason supported by probable cause.
  1. Never resist using force - Innocent or guilty, the first instinct of some people facing arrest is to resist. That is one of the worst things you can do if you’re being arrested, regardless if the arrest is legal or not. With some rare exceptions, one does not have the right to resist arrest. A person that uses force to resist arrest may become liable to other charges. If you feel that you are wrongfully arrested, the best place to defend yourself is in court. Hiring Gary Rohlwing attorney will help you get the best defense.
  2. You have the right to remain silent - This is the first part of the immortal Miranda rights. When you are being arrested, you have the right to remain silent. Of course, some policemen will attempt to get you to start talking, hoping to get something that can be used against you. The best way to go about this is to just stay quiet. Mention your name and some of your basic information to the police, but don’t give away everything else. While arrested, do not talk to the police, your family or friends, or other inmates about your case. This is where you want to only speak to your attorney and adhere to their guidance.
  3. Get legal assistance - The next step after an arrest is to talk to a lawyer. Anyone who is arrested has the right to hire an attorney for legal assistance. If you cannot afford to get a lawyer, a public defender will be assigned to you to handle your case. A lot of these public defenders are competent lawyers in their own right, but sometimes are relatively new to the legal system. However, should you have enough finances to hire your own private lawyer, it is best to hire an experienced lawyer like Gary to handle your defense. If you need the help of an experienced lawyer, call Gary Rohlwing Law Offices.
  4. Never waive your rights - No matter what, you should never waive your rights while you are under arrest. You will always have your opportunity to defend yourself on court.
  The Law Offices of Gary Rohlwing can help if you get arrested in Phoenix. We have the expertise to help you understand your rights and provide you the best defense we can to help you obtain the best possible outcome.

What to Do Following an Arizona Arrest was originally published to 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 http://www.criminal-duiattorney.com/blog/criminal/what-to-do-following-an-arizona-arrest/

Sunday, March 25, 2018

Driving under the Influence of Medical Marijuana

Have You Been Convicted of a DWI With Medical Marijuana and Need an Aggressive Defense?

Medical marijuana became legal in Arizona when voters approved Proposition 203 in 2010. Many people who use medical marijuana also drive and are concerned about being charged with driving under the influence because they use medical marijuana. As discussed below, Arizona law does not immunize them from being charged with driving under the influence of marijuana. The Arizona Medical Marijuana Act (AMMA) is found Chapter 28.1 of Title 36 of the Arizona Revised Statutes. A.R.S. § 36-2802(D) states:
“This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal or other penalties for engaging in, the following conduct: 1.Operating, navigating or being in actual physical control of any motor vehicle, aircraft or motorboat while under the influence of marijuana, except that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment.”
  The relevant Arizona Driving under the Influence statute is A.R.S. § 28-1381(A)(3):
“A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
3.While there is any drug defined in section 13-3401 or its metabolite in the person's body.”
  The Supreme Court of Arizona has held that a medical marijuana patient has an affirmative defense to driving under the influence in Dobson v. McClennen, 238 Ariz. 389, 393 ¶ 20 (2015) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2015/CV140313PR.pdf:
“A qualifying patient may be convicted of an (A)(3) violation if the state proves beyond a reasonable doubt that the patient, while driving or in control of a vehicle, had marijuana or its impairing metabolite in the patient's body. The patient may establish an affirmative defense to such a charge by showing that his or her use was authorized by the AMMA—which is subject to the rebuttable presumption under § 36–2811(A)(2)—and that the marijuana or its metabolite was in a concentration insufficient to cause impairment. The patient bears the burden of proof on the latter point by a preponderance of the evidence, as with other affirmative defenses. SeeA.R.S. § 13–205(“[A] defendant shall prove any affirmative defense raised by a preponderance of the evidence.”).”
The Arizona Court of Appeals found that a medical marijuana patient does not have to present expert testimony in order to establish his or her affirmative defense in Ishak v. McClennen, 241 Ariz. 364, 372 ¶ 20 (App. 2016) http://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2016/1%20CA-SA%2016-0134.pdf:
“In sum, an authorized medical marijuana user charged with violating § 28-1381(A)(3) may establish the affirmative defense afforded by § 36-2802(D) by showing by a preponderance of the evidence that the marijuana metabolite concentration in his or her system was insufficient to cause him or her to be impaired at the time he or she operated or was in actual physical control of a motor vehicle. The cardholder may satisfy that burden by, inter alia, cross-examining the arresting officer and the State's expert forensic scientist and/or by offering any admissible evidence (including his or her own testimony) relevant to proving whether he or she was impaired at the time of the stop. That evidence may or may not include, as here, expert testimony that the cardholder's THC concentration is not always sufficient to cause impairment.”
If you are a medical marijuana patient and have been charged with driving under the influence of marijuana, you need an experienced attorney to represent you. Attorney Gary Rohlwing has over three decades of experience. Please call him today for a free consultation. Law Offices of Gary Rohlwing provides services to the following cities for DUI and DWI's: DUI/DWI Lawyer Litchfield Park, AZ DUI/DWI Attorney Avondale, AZ DUI Defense Peoria, AZ DUI/DWI Legal Defense Surprise, AZ  

Driving under the Influence of Medical Marijuana was originally published to http://www.criminal-duiattorney.com/blog/

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/driving-under-the-influence-of-medical-marijuana/

Saturday, March 17, 2018

Importance of Hiring a Boating DUI Attorney

Driving under the influence (DUI)of alcohol and/or drugs has serious consequences. Because of the dangers the felony entails, such as damage to properties and lives of people, laws have been passed to ensure the safety of pedestrians, commuters and other drivers. In the same light, boating under the influence (BUI) is also considered a criminal act. Driving a boat or watercraft of any sort under the influence of alcohol and/or drugs is illegal and warrants punishment by law.These laws were enacted to thwart the rise in the number of incidents involving watercrafts, and to prevent harm that an intoxicated person may cause to others as well as to himself. Different states have different laws for DUI and BUI incidents. Since this is the case, penalties will differ from state to state.

Arrested For Boating While Under The Influence?

The law serves as the guiding principle in almost all aspects of people’s lives. Thus, knowledge of the law is very important. By knowing the law, you become aware of both your rights and responsibilities. At the very least, understanding the law would allow you to act accordingly and avoid situations which would lead to unwanted consequences. However, not everyone is well-informed of the law and certain situations may occur, which may requirethe expertise of professionals. When faced with a criminal violation such as BUI, professional help is recommended, especially because the imposition of penalties differs according to the circumstances of the case. The help of an experienced and effective lawyer can help mitigate the unpleasant consequences of a BUI arrest.  

Boating DUI Charges

A person suspected of boating under the influence (BUI) can be arrested by law enforcement officials such as the U.S. Coast Guard or local law enforcement. To determine the penalty to be imposed, as well as its gravity, the offender’s blood alcohol content level is usually checked. A blood alcohol concentration of 0.08% indicates intoxication, which is a criminal offense and could warrant arrest. Surrounding circumstances such as possible damages to property and/or people are also taken into account. Penalties can range from fines to prison time, particularly if the BUI incident leads to injuries and death. Boat operator privileges can be revoked or suspended. Other consequences include rendering community service, and attending classes in boat safety and alcohol education. The gravity of criminal penalties will increase for subsequent convictions.  

The Seriousness of an Arrest

An arrest is the act of detaining a person as part of the system of criminal justice. Getting arrested could mean serious consequences. Being arrested for BUI could imperil one’s legal freedom, finances, and reputation. It could have detrimental effects to a person, particularly in terms of employment. For a person whose livelihood depends on the operation and driving of boats, this can pose serious financial drawbacks. Aside from this, it can lead to possible problems in the future, especially if convicted. Criminal records can tarnish a person’s character or credibility and spending time in jail can affect almost all aspects of a person’s life. If pulled over by law enforcement authorities, the boater must comply with the required tests such as those that measure blood alcohol content. If an arrest happens, cooperation with the authorities is important to avoid further complications. It is also vital to be aware of one’s rights. An arrested individual has the right to an attorney and generally, it is best to speak to a lawyer first before making statements because anything a person says can be used against him or her in court. To address concerns about the arrest, seeking legal advice can be very helpful, especially because the process can be intimidating and confusing. With the help of an attorney, you will be reminded of your rights and will be briefed on what and what not to do. An attorney who is knowledgeable and experienced on BUI incidents will be able to lessen the unfavorable consequences of a BUI arrest.  

Free Consultation

An attorney experienced with boating under the influence (BUI) incidents can give light on the possible defenses to BUI. The Law Offices of Gary L. Rohlwing can provide the expertise needed to face BUI charges. Attorney Gary Rohlwing has over 30 years of experience in handling criminal cases. He is proficient and effective in terms of case-handling, and will certainly provide the most desirable result. Rest assured, all questions relevant to the case will be answered and all possible outcomes will be discussed comprehensively. As an experienced BUI lawyer, the Law Offices of Gary Rohlwing provides a free initial consultation, call us today.

Importance of Hiring a Boating DUI Attorney is republished from 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/importance-of-hiring-a-boating-dui-attorney/

Thursday, March 8, 2018

Redemption of First Time Arrestee’s: A Study

In June 2009, the National Institute of Justice Journal published “’Redemption’ in an Era of Widespread Criminal Background Checks” by Alfred Blumstein and Kiminori Nakamura. The authors conducted a study to determine whether it was possible to determine empirically when it is no longer necessary for an employer to be concerned about a criminal offense in a prospective employee’s past.

The authors obtained the criminal history records of 88,000 individuals who were arrested for the first time in New York state in 1980. They determined whether they had committed any other crimes during the ensuing 25 years or had stayed clean. Then they compared the data against people in the general population who were the same age and people the same age who had never been arrested. Their goal was to determine empirically when the risk of recidivism for people in the study group was no greater than the risk for the two comparison populations. To do that, they plotted data curves to determine when the risk of re-arrest for people in the study group dropped below the risk of arrest for same-aged people in the general population and approached the risk of arrest for people who had never been arrested. The authors noted that their study provided the criminal justice community with the first scientific method for estimating how long is “long enough” for someone with a prior record to remain arrest-free before he or she should be considered “redeemed” by a prospective employer. You can read the entire post/pdf by visiting https://www.ncjrs.gov/pdffiles1/nij/226872.pdf
The “hazard rate” is a statistical concept that is the probability, over time, that someone who has stayed clean will be arrested. The authors looked at two factors to determine the hazard rate: type of crime and age at time of 1980 (first) arrest. They then compared these hazard rates to people of the same age in the general population. They found that the hazard rates for 18-year-old who were arrested for a first offense or robbery occurred at age 25.7 or 7.7 years after the 1980 arrest. After that point, the probability that they would commit another crime was less than the probability of other 26-year-olds in the general population. The hazard rates for individuals arrested for burglary and aggravated assault were 3.8 years (age 21.8) and 4.3 years (age 22.3). The hazard rates for individuals who were 16, 18, and 20 years old when they were first arrested for robbery in 1980 were 8.5 years (age 24.5), 7.7 years (age 25.7), and 4.4 years (age 24.4) respectively. The results were similar for burglary and aggravated assault. Surprisingly, there have been no studies since either to validate the results or to examine the hazard rates based on other factors such as gender, race, or socioeconomic background. If you were arrested as a young adult and want to have your civil rights restored, you need an experienced attorney to help you. Criminal Attorney Gary Rohlwing has over three decades of experience. Call him today for a free initial consultation.

Redemption of First Time Arrestee’s: A Study Find 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 http://www.criminal-duiattorney.com/blog/criminal/redemption-of-first-time-arrestees-a-study/

Thursday, March 1, 2018

Driving Under the Influence of Medical Marijuana – Defense Lawyer

Medical marijuana became legal in Arizona when voters approved Proposition 203 in 2010. Many people who use medical marijuana also drive and are concerned about being charged with driving under the influence because they use medical marijuana. As discussed below, Arizona law does not immunize them from being charged with driving under the influence of marijuana. The Arizona Medical Marijuana Act (AMMA) is found in Chapter 28.1 of Title 36 of the Arizona Revised Statutes. A.R.S. § 36-2802(D) states:

“This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal or other penalties for engaging in, the following conduct: A. Undertaking any task under the influence of marijuana that would constitute negligence or professional malpractice. B. Possessing or engaging in the medical use of marijuana:
  1. On a school bus.
  2. On the grounds of any preschool or primary or secondary school.
  3. In any correctional facility.
C. Smoking marijuana:
  1. On any form of public transportation.
  2. In any public place.
D. Operating, navigating or being in actual physical control of any motor vehicle, aircraft or motorboat while under the influence of marijuana, except that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment.” E. Using marijuana except as authorized under this chapter.”
  The relevant Arizona Driving under the Influence statute is A.R.S. § 28-1381(A)(3): “A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
  1. While there is any drug defined in section 13-3401 or its metabolite in the person's body.”
  The Supreme Court of Arizona has held that a medical marijuana patient has an affirmative defense to driving under the influence in Dobson v. McClennen, 238 Ariz. 389, 393 ¶ 20 (2015) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2015/CV140313PR.pdf:
“A qualifying patient may be convicted of an (A)(3) violation if the state proves beyond a reasonable doubt that the patient, while driving or in control of a vehicle, had marijuana or its impairing metabolite in the patient's body. The patient may establish an affirmative defense to such a charge by showing that his or her use was authorized by the AMMA—which is subject to the rebuttable presumption under § 36–2811(A)(2)—and that the marijuana or its metabolite was in a concentration insufficient to cause impairment. The patient bears the burden of proof on the latter point by a preponderance of the evidence, as with other affirmative defenses. SeeA.R.S. § 13–205(“[A] defendant shall prove any affirmative defense raised by a preponderance of the evidence.”).”
  The Arizona Court of Appeals found that a medical marijuana patient does not have to present expert testimony in order to establish his or her affirmative defense in Ishak v. McClennen, 241 Ariz. 364, 372 ¶ 20 (App. 2016) http://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2016/1%20CA-SA%2016-0134.pdf:
“In sum, an authorized medical marijuana user charged with violating § 28-1381(A)(3) may establish the affirmative defense afforded by § 36-2802(D) by showing by a preponderance of the evidence that the marijuana metabolite concentration in his or her system was insufficient to cause him or her to be impaired at the time he or she operated or was in actual physical control of a motor vehicle. The cardholder may satisfy that burden by, inter alia, cross-examining the arresting officer and the State's expert forensic scientist and/or by offering any admissible evidence (including his or her own testimony) relevant to proving whether he or she was impaired at the time of the stop. That evidence may or may not include, as here, expert testimony that the cardholder's THC concentration is not always sufficient to cause impairment.”
If you are a medical marijuana patient and have been charged with driving under the influence of marijuana, you need an experienced DUI/DWI attorney to represent you. Attorney Gary Rohlwing has over three decades of experience. Please call him today for a free consultation. Law Offices of Gary L Rohlwing 7112 N 55th Ave Glendale, AZ 85301 (623) 937-1692 https://goo.gl/maps/vntMC15aMUG2  

The post Driving Under the Influence of Medical Marijuana – Defense Lawyer was first published on 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/dui/driving-under-the-influence-of-medical-marijuana-defense-lawyer/

Thursday, February 22, 2018

Factors Used To Recommend Intensive Probation

Intensive Probation - A Possible Alternative to Prison?

Arizona intensive probation is designed to be an alternative to prison. As such, it includes house arrest and other types of intense monitoring such as maintaining employment or full-time student status, paying restitution and probation fees, residing at a place approved by the intensive probation team, complying with drug and alcohol testing if requested by the intensive probation team, performing between twenty and forty hours of community restitution, and meeting any other conditions imposed by the court. The Arizona Code of Judicial Administration § 6-202 describes what factors a probation officer must use in deciding whether to make a recommendation to the court for intensive probation. The information below comes from the following link to § 6-202: https://govt.westlaw.com/azrules/Document/N8991D3B029F711DE86D8BDEF91DD0749?viewType=FullText&originationContext=documenttoc&transitionType=DocumentItem&contextData=(sc.Default)
4. A.R.S. § 13-914(B) provides: “The adult probation officer shall evaluate the needs of the offender and the offender's risk to the community, including the nature of the offense and the prior criminal history of the offender ...” Adult probation department staff shall administer the standardized assessment. The adult probation officer shall consider these factors in making a recommendation to the court for placement on intensive probation. 5. In determining appropriateness for intensive probation the probation officer shall also consider:
  1. The offender's need for the structure, accountability, and close monitoring;
  2. The focus on treatment inherent in the intensive probation program;
  3. The benefits of the intensive probation program to the offender;
  4. Community safety;
  5. The potential harm to the victim including the victim's attitude toward placing the offender on intensive probation;
  6. Payment of restitution;
  7. The probability the offender will remain at liberty without violating the law;
  8. Performance of community restitution hours;
  9. The offender's legal eligibility to work in the United States; and
  10. Any other factors determined appropriate to the ends of justice and the safety of the community.
6. The probation officer shall include the reasons supporting intensive probation in the presentence report.
  Only factor i. can be objectively determined. Factor j. is open-ended and could include any number of things. If you are facing a criminal sentence that includes intensive probation, you need an experienced defense attorney. Attorney Gary Rohlwing has over three decades of experience. Call him today for a free initial consultation.

The following blog post Factors Used To Recommend Intensive Probation 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 http://www.criminal-duiattorney.com/blog/criminal/factors-used-to-recommend-intensive-probation/

Friday, February 9, 2018

GPS Tracking Devices and the 4th Amendment

A GPS tracking device can provide great peace of mind if you install one on your teenage son or daughter’s car. However, you have no peace of mind if a police officer installs one on your car without your knowledge and without first obtaining a warrant. The Supreme Court of Arizona dealt with this issue in State v. Jean (Jan. 3, 2018) which is found here http://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2018/State%20v.%20Jean%20Opinion.pdf   David Velez-Colon and defendant Jean shared the driving of a commercial tractor-trailer from Georgia to Arizona. See Id., ¶ 2. Arizona DPS officers in Phoenix became suspicious and learned that the trailer was reported stolen and the truck was registered to Velez-Colon. See Id. Suspecting that the vehicle was being used to transport drugs, DPS officers installed a GPS tracking device on the truck without obtaining a warrant. See Id. The officers monitored the truck’s movements with GPS for about thirty-one hours over three days. See Id., ¶ 3. Assisted by the GPS location data, a DPS officer stopped the vehicle around 4:00 a.m. on February 19 after it reentered Arizona. Id., ¶ 4. Officers searched the trailer and found 2140 pounds of marijuana. See Id. The trial court denied Jean's motion to suppress, reasoning that Jean, as a passenger, did not have standing to object to the State's use of the GPS tracking device on the truck owned by Velez-Colon. Id., ¶ 6.  Jean was found guilty and sentenced to ten years in prison. See Id. The Arizona Court of Appeals affirmed. See Id., ¶ 7. The Supreme Court of Arizona granted review to determine whether the warrantless GPS tracking constituted a search and violated Jean's rights under the Fourth Amendment, and if so, whether the evidence gathered there from should be excluded. See Id., ¶ 8. The Court held that a passenger could challenge the GPS monitoring as a search and that the duration of the government’s GPS monitoring did not determine whether it constituted a search. See Id., ¶¶ 32, 34, 37. In the Court’s words:  

“By holding that Jean, like the owner Velez-Colon, can challenge the GPS monitoring as a search, we reaffirm the protections embodied in the Fourth Amendment against warrantless government surveillance. Requiring such searches generally to be supported by a warrant based on probable cause does not unduly burden the government's interests, particularly because this requirement already applies with respect to the person who owns or lawfully possesses the vehicle. Treating such surveillance as a search as to passengers protects the privacy interests of both those who own or possess the vehicle and those who travel with them. CfUnited States vU.SDistrict Court (Keith), 407 U.S. 297, 314-15, 321 (1972) (balancing governmental and privacy interests in concluding, categorically, that surveillance for domestic security purposes should be subject to "the customary Fourth Amendment requirement of judicial approval prior to initiation of a search or surveillance"). . . “ Id., ¶ 37. Originally found on http://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2018/State%20v.%20Jean%20Opinion.pdf
If you or a loved one is charged with a crime where GPS monitoring is part of the evidence, you need an experienced attorney to help you. Criminal Attorney Gary Rohlwing has over three decades of experience as a prosecutor and private defense lawyer. Call him today for a free consultation.

The following post GPS Tracking Devices and the 4th Amendment was originally published on Gary L Rohlwing Lawyer

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/criminal/gps-tracking-devices-and-the-4th-amendment/

Sunday, January 21, 2018

Arizona’s Aggravating Circumstances Law: Part 1

Arizona has 26 aggravating circumstances that a trier of fact shall determine and the court shall consider when sentencing a person convicted of a felony according to A.R.S. § 13-701(D). Every circumstance except circumstance 26 is a fact about the defendant’s criminal history, the defendant’s conduct, the victim, or the felony. Circumstance 26 is a catch-all for the prosecutor to use if the other aggravating circumstances don’t apply. This blog post will discuss aggravating circumstances that are facts about a defendant’s criminal history and conduct.

Aggravating circumstances that are facts about a defendant’s criminal history are:

  • The court determines that the defendant was previously convicted of a felony within the ten years immediately preceding the date of the offense. (aggravating circumstance (11).
  • The defendant was convicted of negligent homicide, manslaughter, second degree murder or aggravated assault arising from an act that was committed while driving a motor vehicle and the defendant's alcohol concentration at the time of committing the offense was 0.15 or more. (aggravating circumstance (16)).
  • The defendant was convicted of one or more of the following federal crimes: unlawfully bringing aliens into the U.S., bringing in and harboring certain aliens, improperly entering the U.S. as an alien, reentering the U.S. as an alien, or importing an alien for an illegal purpose at the time of the commission of the offense. (aggravating circumstance (21))
  • During or immediately following the commission of the offense, the defendant left the scene of a car accident involving death, physical injuries or vehicle damage, or did not give information and assistance following a car accident during or immediately following the commission of the offense. (aggravating circumstance (23)) ‘
  • The defendant was convicted of sex trafficking or trafficking of persons for forced labor or services or child sex trafficking and the defendant recruited, enticed or obtained the victim from a shelter that is designed to serve runaway youth, foster children, homeless persons or victims of human trafficking, domestic violence or sexual assault. (aggravating circumstance (24)).
  • The defendant was convicted of aggravated assault and there is evidence that the defendant committed the crime out of malice toward a victim because of the victim's employment as a peace officer. (aggravating circumstance (25)).

Aggravating circumstances that are facts about a person’s conduct are:

  • Infliction or threatened infliction of serious physical injury, except if this circumstance is an essential element of the offense of conviction or has been utilized to enhance the range of punishment. (aggravating circumstance (1)).
  • Use, threatened use or possession of a deadly weapon or dangerous instrument during the commission of the crime, except if this circumstance is an essential element of the offense of conviction or has been utilized to enhance the range of punishment. (aggravating circumstance (2)).
  • At the time of the commission of the offense, the defendant was a public servant and the offense involved conduct directly related to the defendant's office or employment. (aggravating circumstance (8)).
  • The defendant was a personal representative, guardian, conservator, or trustee under Title 14 and the offense involved conduct directly related to the defendant's duties to the victim as fiduciary. (aggravating circumstance (14)).
  • Lying in wait for the victim or ambushing the victim during the commission of any felony. (aggravating circumstance (17)).
The prosecutor will try to come up with as many aggravating circumstances as possible if you are charged with a felony. Don’t try to fight this battle on your own. You need an experienced defense attorney to fight for you. Attorney Gary Rohlwing has over three decades of experience. Call him today for a free consultation.

The post Arizona’s Aggravating Circumstances Law: Part 1 was first seen on 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/criminal/arizonas-aggravating-circumstances-law-part-1/

Sunday, January 14, 2018

Arizona’s Opioid Crisis – Why You May Need a Criminal Lawyer

On June 1, 2017, the Arizona Department of Public Health issued a News Release that stated: Image Provided By Media Assets

The Arizona Department of Health Services today released its latest data on opioid overdoses in Arizona showing the highest number of deaths in ten years. In 2016, 790 Arizonans died from opioid overdoses. The trend shows a startling increase of 74 percent over the past four years. . . . Key findings from the report include:
  • An average of two Arizonans die each day from an opioid overdose.
  • Opioid overdoses and deaths are steadily increasing each year with 2016 showing the highest number of deaths.
  • In 2016, 790 Arizonans died from an opioid overdose.
  • Heroin deaths have tripled since 2012.
  • In the past decade, there were 5,932 people who died from opioid-induced causes.
  • Arizona opioid death rates start to rise in the late teens and peak at age 45-54.
  • The opioid death rate drops significantly above the age of 65.
  • There is a significant impact on the healthcare system. Opioid-related hospital encounter rates have increased by 300 percent over the past decade.
  • Arizonans are requiring more doses of naloxone to reduce opioid overdose deaths.
  • While the majority of deaths occur in metropolitan areas, rural areas have the greatest challenge in responding to opioid overdoses. Read more on the AzDHS.gov website here.
  On June 5, 2017, the Office of the Governor Doug Ducey issued a News Release about his emergency declaration concerning the opioid crisis:
Governor Doug Ducey today signed an emergency declaration to address the growing number of opioid deaths in our state. As the number of opioid overdoses and deaths increase at an alarming rate, we must take action. It’s time to call this what it is — an emergency,” said Governor Ducey. “Most of us know someone impacted by substance abuse — our family, our friends, our neighbors. Our hearts ache for them, but that isn’t enough. We must do more. I’m declaring a statewide health emergency because we need to know more about the epidemic, including enhanced data that illustrates when and where these overdoses occur so that we can develop real, targeted solutions. Read the full release on AzGovernor.org.
The emergency declaration directed that the State of Arizona Emergency Response and Recovery Plan be used to direct and control State and other assets, and authorize the Director of the Arizona Department of Emergency and Military Affairs to coordinate State assets. It authorized the Director of the Arizona Department of Health Services to coordinate all matters pertaining to the public health emergency response of the State. It required the Director of the Arizona Department of Health Services to consult to the Governor on identifying and recommending the necessary elements for an Enhanced Surveillance Advisory, initiate emergency rule making with the Arizona Attorney General’s Office in order to develop rules for opioid prescribing and treatment within health care institutions, and develop guidelines to educate healthcare providers on responsible prescribing practices. Opioid abuse often leads to criminal charges. If you or a loved one has been charged, you need an experienced attorney to defend you. Attorney Gary Rohlwing has over thirty years experience. Call him today for a free initial consultation.

The following blog post Arizona’s Opioid Crisis – Why You May Need a Criminal Lawyer Read more on: Gary Rohlwing Law

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/criminal/arizonas-opioid-crisis-why-you-may-need-a-criminal-lawyer/

Thursday, January 4, 2018

Arizona Has a Zero Tolerance DUI Policy – What Does That Mean For You

The Arizona Zero Tolerance DUI Law

Arizona passed A.R.S. § 4-244(34) in response to the 1995 National Highway Systems Designation Act stating that federal highway funds would be withheld from any state that failed to set a 0.02 alcohol concentration limit for minor drivers. A.R.S. § 4-244(34) provides: “It is unlawful for a person under twenty-one years of age to drive or be in physical control of a motor vehicle while there is any spirituous liquor in the person’s body.” In Arizona, you are deemed underage for drinking if you are less than 21 years old – even if you will be celebrating your 21st birthday in 6 hours. While other states would allow alcohol concentrations up to 0.02% for underage drivers, Arizona allows zero alcohol concentrations. It is a fact that it is illegal for minors to drink alcohol. However, minors cause approximately 17% of all alcohol-related car crashes resulting to death every year. Around 2000 underage drinkers lose their lives while driving, one third of which involve alcohol.  

Why Arizona Has Zero Tolerance DUI Laws in Place

Why does Arizona have this zero tolerance DUI law? Everyone knows that many people started drinking alcohol before they were 21, the legal drinking age. Chances are, most have driven a motor vehicle as well. Unfortunately, approximately one third of all fatal accidents that involve 15 – 20 year old minors are car accidents, around 35% of which involve alcohol. The percentage of alcohol-related accidents in young drivers is about twice as much as the rate for drivers above the age of 21.  

The Impact of Zero Tolerance Laws

There’s no doubt that zero tolerance is stringent and may seem too harsh for some people. In fact, a lot of people doubt whether the strict policy actually has a positive effect on minors. The NHTSA (National Highway Traffic Safety Administration) compared statistics between 12 states that have a zero tolerance law in place against 12 other states with no zero tolerance laws in place. The results? States with zero tolerance laws showed a 20% drop in single night time crashes that resulted to death of underage drivers. According to the NHTSA, the biggest decrease in deadly crashes happened in states with underage alcohol concentration of no more than 0.02%. States that allow a higher alcohol concentration level for underage drivers registered less impact. Although the NHSD Act of 1995 merely required states to set a 0.02% alcohol concentration limit for minor drivers, Arizona along with other states decided to put a zero tolerance policy in place. The law may be harsh but the figures do not lie. The difference between 0.00% and 0.02% may be miniscule but it keeps more underage drivers alive. Arizona has good reason to take the NHSDA act seriously. When facing a zero tolerance DUI charge in Arizona, contact the Law Offices of Gary L Rohlwing and make sure your rights are protected. Law Offices of Gary Rohlwing - Peoria Law Offices of Gary L. Rohlwing - Surprise Gary Rohwling Law Offices - Sun City Law Offices of Gary Rohlwing - Goodyear

The blog post Arizona Has a Zero Tolerance DUI Policy – What Does That Mean For You is republished from 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 http://www.criminal-duiattorney.com/blog/dui/arizona-has-a-zero-tolerance-dui-policy/