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/