Thursday, September 24, 2020

What You Need to Know About Arizona’s Zero Tolerance DUI Laws

Arizona is a state that has some of the strictest laws in the country surrounding driving under the influence. Generally, it has what is known as zero tolerance laws pertaining to DUI offences. These can result in severe penalties and other serious consequences, even if it’s your first offence. It’s important to understand Arizona’s DUI laws.

The number of drinks that it takes to reach the legal intoxication limit can vary. However, a 160-pound woman can probably reach the legal intoxication limit after having only two drinks. A 220-pound man will probably reach the intoxication limit after three drinks. Because Arizona has a zero-tolerance policy, it’s a good idea for you to avoid driving if you have had any alcohol.

alcohol with Car Key

What is Meant by Zero-Tolerance?

In most of the United States, the legal limit for blood alcohol concentration is 0.08%. However, in Arizona, the zero-tolerance DUI laws mean that even if you are found to have a blood alcohol content (BAC) under that amount, you can still be arrested and charged with a DUI. In general, if a police officer pulls you over and requests that you take a breathalyzer test that reveals a reading of 0.08 or lower, you could still be arrested depending on the officer’s belief of whether or not you’re intoxicated.

How is Impairment Determined?

The term “impairment” is flexible as it can vary depending on each individual DUI case. Due to the zero-tolerance laws, Arizona is very strict regarding an offender’s level of impairment. A police officer can determine that a driver is impaired based on certain criteria. Usually, the main factor is their BAC, but there are other factors they consider like slurred speech, glassy eyes, erratic driving, and failing field sobriety tests. An officer may also make the determination that someone is impaired based on detecting the odor of alcohol on their breath. In any case, this DUI law certainly warrants getting a DUI lawyer on your side to defend you in court.

What are the Different Types of DUIs?

There are different types of DUI charges in Arizona. These are known as tiers and are determined based on the factors of your case. They include the following:

  • Standard DUI: A standard first-time offense carries a penalty of 10 days in jail and a maximum fine of $1,500. If convicted, you are required to pay jail and monitoring fees and undergo counseling. A conviction also results in a 90-day license suspension and the installation of an ignition interlock device on your vehicle for one year. For a second offense, you can see a 90-day jail sentence but receive at-home detention after six days. A fine of $3,500 is instituted and you are responsible for paying monitoring fees. The same requirements for a first offense apply regarding the driver’s license and IID.
  • Extreme DUI: An extreme DUI conviction is applied if the individual’s BAC is 0.15% or higher. Penalties include 30 days in jail with home detention after two days, a fine of $2,780, and monitoring fees as well as counseling and screening. Driver’s license suspension is 90 days and an IID is required on the vehicle. With a second offense, jail is elevated to 120 days and a fine of $3,740, in addition to monitoring fees. The individual’s license is suspended and they must have an IIG on their vehicle.
  • Super extreme DUI: If a person’s BAC is 0.20% or greater, it counts as a super extreme DUI and carries 45 days in jail, a $3,240 fine, and monitoring fees. Driver’s license suspension is 90 days and an IIG is installed on the vehicle for 18 months.
  • Aggravated DUI: The punishment for aggravated DUI can vary. You will typically have to spend more time in jail, pay higher fines and get your license revoked. Screening and counseling are also required.

If you have been arrested for a DUI offense in Arizona, you need immediate assistance from a skilled DUI lawyer. Contact the Law Offices of Gary L. Rohlwing to discuss your case with an attorney.

The following post What You Need to Know About Arizona’s Zero Tolerance DUI Laws was originally published 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 https://www.criminal-duiattorney.com/dui-defense/extreme/what-you-need-to-know-about-arizonas-zero-tolerance-laws/

Saturday, September 19, 2020

Criminal Charges for Not Wearing COVID Face Masks

The current emergency status in the United States regarding the COVID-19 pandemic is assuredly putting a strain on U.S. constitutional protections. Some see it as though the entire work has been suppressed since the governors in certain states have begun using their new-found emergency declaration powers, essentially doing as they please under the potentially false concept that governments can protect the people from themselves.

The Constitution has effectively been reduced to a mere piece of paper, but it is still the supreme law of the land and a document that lawyers can use when defending their clients against minimal governmental demands such as not wearing a face mask by mandate of a state governor.

can you get fined for not wearing a face mask

Disorderly Conduct

The technical term for not following the current commands of government officials is disorderly conduct. And, just as with other charges leveled by government legal systems, it is still incumbent on the prosecutor to prove beyond a reasonable doubt that the claims of the officer or an accusatory witness are valid.

Even testimony may not provide that level of proof. An experienced and aggressive criminal lawyer can evaluate all evidence in the case and cross-exam any witness in an open hearing, including government agents such as health department officials who write citations.

Even though the charge is minimal, it still can generate an incident record. Disorderly conduct is a serious legal matter that can present future problems regardless of the seemingly low level of crime because it generates a criminal record.

Potential Remedies

The claims by government officials surrounding COVID and charges levelled against people based on subjective opinion are considered frivolous by many Americans, and especially regarding the forced wearing of face masks.

Ultimately, freedom should begin with the right to say ‘No’ to an onerous government. Judges and prosecutors understand this issue, but they are also in the fine collection business. When a case dismissal cannot be achieved, a criminal attorney can take the case to a full trial, pinpointing reasonable doubt and questioning the validity of the information being supplied by any witness or the court.

Summary dismissal or deferred judgments for later dismissal could also be a satisfactory case remedy when an agreement can be negotiated with the prosecutor.

Extenuating Circumstances

Another potential defense in citation cases for not wearing a mask in Arizona is the underlying medical condition of the defendant. While many people who are susceptible to catching the COVID virus may benefit from face mask compliance, it is a known fact that the mask can reduce oxygen levels for some people, which can be detrimental to their personal health.

Documented evidence of any applicable health condition can be used when building a defense that results in a medical exemption from the mask requirement that is being set in certain communities as opposed to requiring public mask wearing for all Arizona residents.

Never accept the notion that a disorderly conduct charge for not wearing a face mask cannot be defended in court. A dismissal can assuredly be the final outcome when an experienced and aggressive Arizona criminal attorney presents your case to the court. Always call the Law Offices of Gary L. Rohlwing for comprehensive representation.

Criminal Charges for Not Wearing COVID Face Masks 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 https://www.criminal-duiattorney.com/criminal-defense/damage/charges-for-not-wearing-covid-face-masks/

Tuesday, September 1, 2020

Can You Legally Avoid an Arizona DUI Checkpoint?

It may not be typical to see police officers on the road, flashing lights, and wearing reflective vests to do random DUI checks, but it does happen. In Arizona, a lot of people feel that DUI checkpoints are intimidating. They often feel that they have to prove their innocence when they go through a checkpoint, whether they’ve been drinking or not.

DUI Checkpoints

First of all, you have to keep in mind that DUI checkpoints are upheld under the federal constitution. Nevertheless, some drivers choose to avoid the lines, questions, and lights of these operations.

If you do not want to go through a checkpoint, see to it that you do not give the police officers any reason to pull you over. Refrain from making any erratic or illegal driving maneuvers to avoid the checkpoint. Otherwise, you will only draw attention to yourself.

Refrain from making any U-turn if you are not sure that it is safe and legal to do so. As much as possible, you should look for a side street that you can enter before you arrive at the checkpoint.

Once you arrive at the checkpoint, keep yourself cool and composed. Arizona’s DUI laws are tough, so you should keep calm to stay focused on the process.

To avoid panicking, you can research about the DUI checkpoint before you drive to your destination. Check out social media posts and read the news on checkpoints. Usually, there are more checkpoints during the weekends, holidays, and special events.

Don’t forget to prepare any documents you may need such as your auto insurance, registration, and driver’s license. Keep your documents inside your car at all times to avoid any hassle. Store them in a secure location that you can easily access, like the glove compartment.

Of course, you should also keep your vehicle clean and free from suspicious items such as alcoholic beverages, illegal drugs, and paraphernalia. If you need to use certain medications, see to it that you also have your prescriptions.

If you ever get stopped at a checkpoint, you can avoid incriminating yourself by not volunteering any information. Only answer questions that you are asked. You can also invoke your right to remain silent if you think that answering such questions could put you at risk.

In addition, take note that you have the right to refuse any field sobriety tests if the police officer does not have a probable cause or warrant. Nevertheless, you should always be respectful and polite, even if you decline to take a test.

Remember that no matter how annoying a DUI checkpoint is, it’s still necessary. It’s not there to inconvenience people but to help maintain safety and security in the area. Know your civil rights, but do not be argumentative and hostile.

If ever the worst happens and you are arrested for DUI, remember to find yourself legal assistance. You can contact the law offices of Gary L. Rohlwing since they offer DUI, criminal defense, and domestic violence representation in Arizona. You can refuse to answer any more questions until after you meet with an attorney.

Can You Legally Avoid an Arizona DUI Checkpoint? was originally published on www.criminal-duiattorney.com/blog/



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



from https://www.criminal-duiattorney.com/dui-defense/aggravated/can-you-legally-avoid-an-arizona-dui-checkpoint/

Tuesday, August 25, 2020

I Was Too Drunk. How Can I Be Charged with Sexual Assault?

For a sexual assault allegation to stick, it is not always necessary to establish intent – even if the alleged attacker was intoxicated at the time the supposed assault happened. Such crimes call for evidence, and the assault victim must come forward to make sure that the case moves forward.

Domestic Violence

State of The Accused and The Victim

The existence of evidence is important to convict an attacker in a criminal case. A case may have not much to support any side, depending on both the victim’s and the attacker’s state. If the person facing an assault charge couldn’t remember what happened because he was too drunk, he may not have much to defend any actions he took.

However, if it was the victim who was drunk or both parties were intoxicated enough that any action from either side is unsure or blurry, the case may have nothing to stand on.

The Victim’s Recollections

The alleged victim’s memory of the sexual assault may not be very clear. But, whatever the person recalls may be used to support the charges. Communication or discussion with the other person involved may help clarify what really happened.

This often leads to an investigation where both parties are made to reveal as much information about the incident as possible. If a drunk person committed sexual assault, then he may face charges for causing trauma and inflicting harm. At this point, the accused would need an attorney.

Evidence against the Attacker

Evidence in cases of sexual assault may involve actual events, as well as what average persons expect to happen in such situations. If the parties were in a romantic situation such as a date, sexual relations may be reasonably expected. But, if one party was unconscious and the other took advantage, it would constitute sexual assault – even if it can be reasonably assumed that the parties have done it before. Unfortunately, arguments containing only the side of the victim may be insufficient to convict the defendant.

Initial Sexual Assault Charges

Initially, police officers may not issue charges based on the victim’s first interview. The case may not progress into a hearing if the police think that there may have been consent before the victim fell unconscious. The victim may also have been too intoxicated to recall what happened. In many cases, the police officers may never bring the case forward or issue any charges. Without visible evidence or injury to support the charge, the victim may not have any recourse but to talk to a lawyer.

What Constitutes Consent

According to studies, a lot of people are not aware of what full consent involves. In the case of male defendants, they may be unable to read the actions of the female. If the defendant is a woman, she may have neglected the other party’s mood. The common reason for a charge of sexual assault is a lack of consent. But, the motive may not be present if the attacker was drunk.

Reasonable Situations

The prosecuting lawyer, jury, and judge may consider the situation presented as a reasonable place to expect the occurrence of sexual activities. However, there may be a clear case if there are injuries or additional evidence to support the sexual assault charge.

The Drunk Defendant’s Legal Defense

When facing a charge for sexual assault at a time when you were drunk, you will need an experienced lawyer to defend you. The Law Offices of Gary L. Rohlwing can help you when it comes to crafting an appropriate defense for your particular situation.

I Was Too Drunk. How Can I Be Charged with Sexual Assault? was originally seen on https://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/sex-crimes/i-was-too-drunk-how-can-i-be-charged-with-sexual-assault/

Tuesday, August 18, 2020

Everything You Need to Know About Domestic Abuse Offenses and Their Penalties

In Arizona, domestic abuse charges are taken very seriously and thus the penalties are very severe. Domestic violence is defined as nearly any criminal act of abuse committed by a household or family member against another.

Domestic abuse is not only physical but may be sexual or emotional in nature. Neglect and economic control are also considered abuse. Crimes associated with abuse include assault and battery (with or without a deadly weapon), kidnapping, disorderly conduct, and criminal trespass.

domestic violence legal help

Domestic violence is considered a misdemeanor. However, if the suspect is convicted of three offences over a seven-year period, the charge can be upgraded to aggravated domestic violence, which is a felony, even if the earlier offences were charged as misdemeanors. This carries with it more severe penalties.

Penalties for Domestic Violence

In Arizona, misdemeanors are classified as Class 1, 2, or 3 depending on the severity of the charges, with Class 1 being the most serious. Penalties range from a maximum of 30 days or up to six months in jail, as well as fines ranging from as much as $500 up to $2500.

If the charges are upgraded to a felony, the corresponding penalties are based on the underlying offence. However, certain circumstances may increase the penalties.

For instance, if the suspect commits an act of domestic violence against a pregnant victim that he knew was pregnant, two years is automatically added to any mandated jail time for the offence.

To illustrate, if a suspect is convicted of unlawful imprisonment against a stranger, he faces a maximum penalty of three years. However, if the offence is against his wife, whom he knew was pregnant at the time, the maximum penalty is increased to five years.

In addition to jail time or probation and fines, any person convicted of a domestic violence offence is required to complete a treatment program for domestic abuse offenders. This can consist of as much as 52 classes, which can take anywhere from six months to a year to complete.

Once charges are filed, the victim cannot decide to drop the charges. The State will prosecute them even if the victim refuses to testify. Only the district attorney has the authority to request a dismissal, and this still has to be approved by the judge.

Defending a Domestic Violence Case

If you have been charged with an offence involving domestic violence, it is very important that you engage the services of an attorney experienced in handling these cases. An experienced attorney will evaluate your case and explore possible defenses, as well as other options open to you. He will also ensure that your rights are protected.

Attorney Gary L. Rohlwing is an experienced attorney specializing in domestic violence representation and criminal defense. He has been the attorney of record in more than 3500 cases and has been a former prosecutor for Phoenix and Peoria.

If you have been charged with a domestic violence offence, he will evaluate your case and help you get the best outcome. You can get in touch with him at (632) 937-1692 to avail of a free initial consultation.

Everything You Need to Know About Domestic Abuse Offenses and Their Penalties Read more on: Law Offices of Gary Rohlwing - 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 https://www.criminal-duiattorney.com/criminal-defense/domestic-violence/need-to-know-about-offenses-and-their-penalties/

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/

Sunday, April 26, 2020

Common Defenses Against an Aggravated Assault Charge

Assault is one of the more common legal cases for people to become involved in. Depending on the nature of the incident, the charges can be raised to aggravated assault, which carries more legal penalties than a simple assault charge. This can result in jail time, fines for damages, or potentially both.

Fortunately, not all aggravated assault charges lead to a conviction for a defendant. With proper legal help, a person wrongfully charged with aggravated assault can prove his/her innocence.

criminal in court

Here are some of the common defenses against an aggravated assault charge.

Self defense

This is a common defense against an aggravated assault charge. If a person is being attacked physically or is being provoked to attack someone through actions such as taunting or bullying, the person can invoke the premise of self-defense to counter the assault charges. The success of such defense is dependent on many factors, including being able to prove the necessity for self-defense and whether the counterattack was proportionate to the graveness of the situation (if the defendant used excessive force).

Irregularities in either search or arrest

Irregularities during an arrest can also be used as grounds to counter a potential aggravated assault charge. As aggravated assaults occur when a potentially deadly weapon is involved, the defense team can counter by showing that such a weapon was actually obtained via an illegal search. Also, irregularities during the arrest or interrogation process, such as violation of your Miranda rights, can be used for defense.

Threat of death

A person that is potentially charged with aggravated assault can also invoke the threat of death to justify using force against another person. In this situation, the defense should be able to prove that there was grave threat to the defendant or someone else, leading to the defendant to use force to neutralize the threat. The defendant should be able to prove in court that they threatened or used potentially deadly physical force because there was an imminent threat of them (or someone else) being killed.

Given the potential legal consequences of an aggravated assault charge, it is important for a defendant to obtain appropriate legal services to defend themselves. If you are in need of a criminal lawyer to help you with an aggravated assault charge, you can visit us here at Gary L. Rohlwing DUI and Criminal Lawyers. With years of experience in the industry and thousands of cases resolved, we can help you with your legal issues. Call us now or visit our website to learn more about our services!

The following article Common Defenses Against an Aggravated Assault Charge 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 https://www.criminal-duiattorney.com/criminal-defense/assault/common-defenses-against-an-aggravated-assault-charge/

Monday, March 30, 2020

Arizona’s Super Extreme DUI – What You Need to Know

Arizona was recently found to have the most severe DUI laws in the US. One of the provisions that led to this finding is the introduction of a ‘super extreme’ DUI into state law.

Penalties for a Super Extreme DUI

A super extreme DUI offence involves a suspect who has a BAC level of 0.20% or higher. Being charged with this DUI means that you face more severe penalties and longer mandatory jail sentences.

For the first offence, the penalties include:

Mandatory jail time of 45 consecutive days, with the offender eligible for home detention after three days

$3,750 jail fees, which include monitoring fee and detention costs

Fines and fees of $3,244

Substance abuse screening at a cost of $50

36 sessions of mandatory alcohol abuse classes costing $585

90-day license suspension including 30 days in which the offender is prohibited from driving: For the remaining period, the offender may be permitted restricted driving

18-month installation of an interlock ignition device costing $1,800

Three years mandatory SR-22, costing a total of $1,500 or $500 annually - This is a certificate of insurance that state DMV requires for high-risk policies

A $3,000 annual increase in auto insurance rates for the next three years, totaling $9,000

A maximum of five years of probation

Possible impoundment of your car

For a second offence, the penalties include:

180 days of mandatory jail time, with eligibility for home detention after 36 days

Around $4,650 jail fees, fines, and other costs

Around $2,500 super extreme fees, fines, and surcharges

$50 screening for substance abuse

36 mandatory sessions of alcohol abuse classes costing $585

One year driver’s license suspension that includes non-issuance of work permit during this period

24-month installation of an interlock ignition device at a cost of $2,400

3 years mandatory SR-22

A minimum three-year increase in auto insurance rates; at a cost of $3,000 annually, this will cost at least $9,000

Possible impoundment of your car

May be required to attend a Victim Impact Panel held by MADD at a cost of $100

These penalties may be further enhanced if there are particular circumstances, such as driving without a valid license or the presence of a minor in the vehicle.

The Importance of An Experienced Attorney

If you are going to be charged with a super extreme DUI, it is important that you retain the services of an attorney with experience in handling these cases. Attorney Gary L. Rohlwing is a defense attorney with over 30 years experience in practicing law. In addition to having handled over 3,500 cases, he has provides legal defense services in Peoria and Avondale.

Attorney Rohlwing has extensive experience in DUI cases. He will examine your case in detail to determine the best way to handle it, whether that is to go to trial or take a plea bargain for a lesser offence.

You can get in touch with the Law Offices of Attorney Gary L. Rohlwing at (623) 937-1692. Your initial consultation with him is free so you can discuss your case and gain insight into your possible options.

Arizona’s Super Extreme DUI – What You Need to Know 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/extreme/arizonas-super-extreme-dui-what-you-need-to-know/

Thursday, March 19, 2020

A Study Finds Arizona Has the Toughest DUI Laws in the US

According to the personal finance website WalletHub, Arizona has the most severe laws against driving under the influence. These laws bring with them harsh penalties that range from fines to jail time.

Arizona’s Harsh Penalties

The metrics considered in the study included DUI arrests and crashes, the BAC threshold, DUI fine and jail time, license suspension, and further penalties. The study also took into account supplementary DUI laws such as those regarding repeat offender and open containers, as well as laws on alcohol exclusion that limit treatment.

The findings of the study regarding Arizona include:

  • Arizona is the toughest state on first offenders. It was the first state to make interlock device installation mandatory for first offences. These devices are required to be installed on first offenders’ vehicles for twelve months. In addition, there is a mandatory jail time of ten days.
  • For second offenders, Arizona imposes mandatory jail time of ninety days, in addition to fines and penalties, as well as mandatory community service.
  • For subsequent offences, a DUI is treated as a class 4 felony, with a corresponding increase in penalties. For instance, mandatory jail time for offenders is a minimum of ninety days.
  • Arizona also imposes driver’s license suspensions of ninety days to one year for first offenders and one year for second offences.
  • There are also mandatory counselling and screening requirements.
  • The state has a seven-year look-back period. This means that if an offender has incurred any DUI within a seven-period, even if it is in another state, the state can count it against the driver when determining how to file felony charges.
  • Arizona also uses sobriety checkpoints as well as having stipulations on child endangerment for DUI laws.

Why You Need an Experienced Attorney to Handle Your DUI

These findings serve to highlight how seriously Arizona takes drunk driving. The state imposes these penalties in an attempt to deter DUIs by highlighting how stringent the laws are.

This is why a person who has been arrested for a DUI in the state needs the services of an experienced DUI lawyer. A DUI conviction results in the loss of your driving privileges as well as your freedom, in addition to the harsh fines and other penalties you’ll face.

Attorney Gary L. Rohlwing is an attorney who has substantial experience, having handled more than 3,500 cases over the course of his career. His practice areas include DUI, misdemeanors, felonies, juvenile cases, and domestic violence.

If you are charged with a DUI, he will work to ensure that you get the best possible outcome and avoid some of the harsher penalties associated with the charge. He will help you through the legal process to ensure that your rights are protected.

He will study your case to ensure that you get the best defense. This may mean accepting a plea deal to get a reduced penalty or having to go to trial.

If you have been charged with a DUI, need a defense, you can get in touch with the law offices of Attorney Gary L. Rohlwing at (623) 937-1692. Your initial consultation with Atty. Rohlwing is free and he handles all his cases personally.

A Study Finds Arizona Has the Toughest DUI Laws in the US 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/dui-defense/misdemeanor/a-study-finds-arizona-has-the-toughest-dui-laws-in-the-us/

Saturday, March 14, 2020

Lowering the Charges or Sentencing: Common DUI Plea Bargains in Arizona

In Arizona, a DUI charge is nothing to scoff at. It is considered a serious crime in the state. If you are convicted of driving under the influence, you may find yourself facing jail time, probation, and substantial fines. In addition, your driving license may be suspended. You may also be required to render community service and install an ignition interlock device on your car.

DUI is a class 1 misdemeanor, although it’s not a felony, it will stain your criminal record for a very long time, practically your entire lifetime. In some cases depending on the circumstances, a DUI can be treated as a felony.

One way to avoid the stiff penalties and the stigma of having a criminal record is by getting a plea bargain agreement with the help of an experienced and competent lawyer. The Law Offices of Gary L. Rohlwing have the necessary negotiation skills and experience to reach a favorable plea bargain on your behalf.

In general, plea agreements can be categorized under two main groups:

  1. Agreements to lower the charges
  2. Agreements to lower the sentence

Plea Bargain Agreement to Lower the Charges

Between the two plea bargain categories, agreements to lower the charges filed against you is the more ideal option. For one, it will avoid the stigma that a DUI will bring to your criminal record. Also, it will often carry a lighter sentence.

In addition, the reduction of a DUI to a lesser offense will often relieve you of the burden of a mandatory suspension of your driving license. However, the requirement to install an ignition interlock device on your vehicle may still remain.

More importantly, the lower charges will not count in reckoning the 7-year look-back period. This means if a cop flags you for a DUI within 7 years from the time of the plea bargain, technically, it will only count as your first DUI offense.

This is important since a first DUI offense comes with lighter penalties. It goes without saying that getting rid of your current DUI charge has major future benefits for you.

Plea Bargain Agreement to Lower the Sentence

As mentioned, a charge reduction is a better option. However, in your particular case, there may be overwhelming evidence against you that bargaining for a reduced charge may not be possible. If the prosecutor wants to pursue a DUI charge, the best your lawyer can do is to bargain for reduced penalties.

In this case, you need to plead guilty to the charge of driving under the influence. But, because of the plea agreement, you are guaranteed minimal to no jail time, and less fines than what you would otherwise have to pay. The plea bargain may also involve attendance to an alcohol treatment or education class, as well as longer community hours.

This arrangement is definitely better than having to pay stiff fines that can reach thousands of dollars and spending time in prison.

When facing a DUI charge in Arizona, get in touch with the Law Offices of Gary L. Rohlwing right away. Your attorney will immediately prepare the best defense strategy for you and initiate a plea bargain if necessary.

Lowering the Charges or Sentencing: Common DUI Plea Bargains in Arizona 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/dui-defense/misdemeanor/lowering-the-charges-or-sentencing-common-dui-plea-bargains-in-arizona/

Monday, February 17, 2020

Drug Charges Can Prevent You from Getting Student Financial Aid

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

TASC Diversion Program

Penalties for Drug Convictions

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

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

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

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

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

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

Proposed Changes in the Law

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

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

An Experienced Attorney Can Protect Your Rights

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

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

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

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



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



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

Monday, February 10, 2020

Can Police Search Your Car at a DUI Checkpoint?

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

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

DUI Checkpoint

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

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

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

What are you required to do at a checkpoint?

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

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

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

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

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

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

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

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

 

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



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



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

Thursday, January 23, 2020

What Are the Extradition Laws in Arizona?

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

Extradition Laws

In general, extradition cases fall under three main types:

International Extradition:

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

Interstate Extradition:

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

Intrastate Extradition:

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

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

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

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

Extradition Laws in Arizona

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

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

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

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

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

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

The following post What Are the Extradition Laws in Arizona? See more on: www.criminal-duiattorney.com/



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

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

Thursday, January 16, 2020

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

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

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

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

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

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

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

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

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

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

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

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



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



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

Sunday, January 12, 2020

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

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

The facts of the case were as follows:

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

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

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

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

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

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

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

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

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

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

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



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2



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