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

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



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

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



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/