Multiple DUI Offenses – What You Need to Know

Being convicted of a misdemeanor DUI once is tough enough. It becomes much tougher if you are arrested for a second misdemeanor DUI. Another conviction would mean additional prison time, heavier fines, longer license suspension, and more loss of your personal reputation. When facing multiple DUI charges, it is best to work with a lawyer who is well-versed in handling multiple Arizona DUI charges. Gary Rohlwing can help in protecting your reputation, your record, and your peace of mind. Arizona law makes it particularly easy to end up with a charge of aggravated DUI, a felony. A.R.S. § 28-1383 states that a person is guilty of aggravated DUI if he or she:

• commits DUI while his/her license or privilege to drive is suspended, cancelled, revoked or refused or while on restriction due to a DUI;
• commits DUI when a person under the age of 15 is in the car;
• commits DUI while ordered by the court to equip his or her car with a certified ignition interlock device; or
• commits a third or subsequent DUI within a period of 84 months from a first DUI.

For example, your first DUI could be a felony if you were charged with DUI and your license or privilege to drive was suspended for any reason. The same is true if you had your son or daughter under age 15 in the car when you were stopped. The mandatory minimum sentence for an aggravated DUI ranges from 10 consecutive days in jail for having a person under 15 in the car to 4 months in prison for most other cases. The mandatory fines add up to $3,750. Your reputation, as well as your driving and criminal records, would be ruined by a conviction for aggravated DUI. Worse, imagine the anguish that all this would bring to your loved ones.  

Defense for Multiple DUI Arrests in Arizona

Arizona DUI court proceedings can be a complex legal maze that can be daunting and confusing if you are not a lawyer. Your best move would be to hire a competent attorney who will guide you through the legal process. The Law Offices of Gary Rohlwing will assist you in finding ways to avoid harsh penalties and dire legal consequences to your reputation and finances. As a multiple DUI offender, you will be facing a judge and jury who have little to no sympathy for you. This will make going through the court proceedings even more challenging. Your DUI defense attorney will have his job cut out for him. Remember that a 4 month prison term is the minimum sentence in most cases; a judge can impose even more prison time if you are found guilty after a trial. You need to have an aggressive lawyer with a proven track record by your side to make sure that you get the best possible results for your case. He must have a good grasp of the specific Arizona laws pertaining to your case. This will help him make a thorough analysis of your case and come up with the most feasible strategy for a successful defense. Remember that your future is at stake in a court proceeding. Representing yourself or hiring an inexperienced attorney may compromise the very freedom you are trying to protect.   It is certain that you, and possibly your family, will carry a heavy burden for a long time if you have multiple DUI violations on your driving and criminal records. The stigma may last for decades. Therefore, it is important to avoid getting multiple DUI violations on your records at all costs. You can only do this with the help of a reliable and dedicated legal counsel. Gary Rohlwing is well-versed in the complexities of Arizona DUI laws. He has many years of experience in successfully defending multiple DUI cases throughout the state of Arizona. More importantly, he believes that every defendant has the right to a solid representation and defense.

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Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

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Extreme & Aggravated DUI Legal Lawyer

Reasons Why You Would Need Legal Representation for an Extreme DUI, Super Extreme DUI or Aggravated DUI

Many people think that DUI laws in Arizona are similar to other states. They are wrong. They don’t realize that Arizona has unique DUI laws that are stricter compared to most other states. Penalties for a DUI conviction in Arizona are also stiffer compared to many other states. Arizona created new misdemeanor DUI crimes known as Extreme DUI and Super Extreme DUI in 2007. A person must have an alcohol concentration ranging from 0.15% to 0.20% to be charged with Extreme DUI. A person must have an alcohol concentration of 0.20% or greater to be charged with Super Extreme DUI. Obviously, you will face stiffer penalties with a super extreme DUI charge compared to a regular DUI or Extreme DUI. Conviction will almost always lead to some jail time. More than the jail time, fine, and penalties, however, having a criminal record may cause a more lasting stigma. Bear in mind that alcohol concentration testing need not be performed where you were stopped as long as it is done within 2 hours from the time you drove a car.  

Why Arizona Has Set Up Different DUI Levels

According to the Centers for Disease Control & Prevention, various alcohol concentration levels have different effects on a person’s ability to drive. For example, having a 0.08% alcohol concentration in your system will impair your ability to drive safely. Therefore, a 0.08 level is considered a DUI in every state. An alcohol concentration level of 0.15% or higher can make you a lot more dangerous on the road. In 2012 alone, more than 50% of all drivers involved in fatal crashes registered an alcohol concentration level of at least 0.15%. The CDC reports that at 0.15% alcohol concentration level, you will have much less muscle control than usual. Your sense of balance will likewise be adversely affected. You will experience considerable impairment in controlling your car, paying attention to your driving, and processing the audio and visual information needed to drive safely. A man weighing around 160 pounds would need to consume around 7 alcoholic beverages in an hour to reach an alcohol concentration level of 0.15%. If you are charged with an Extreme or Super Extreme DUI, remember not to plead guilty before a competent Extreme DUI attorney like Gary Rohlwing has examined your case thoroughly. Many factors can impact the admissibility of evidence in your case. Some are whether you were legally stopped, the breath or blood test was accurate, or the search was legal. A reliable practice like the Law Offices of Gary L. Rohlwing can make sure that your rights are always protected throughout the proceedings. He can help you get the best results to either avoid a conviction or mitigate the penalties if you are convicted.   West Valley Courts We Handle DUI Cases: Peoria DUI's Goodyear DUI's Surprise DUI's Sun City DUI's Avondale DUI's Litchfield Park DUI's Buckeye DUI's    

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Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

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Arizona Has Some OF The Harshest DUI Laws

There is no doubt that drunk driving has been one of the leading causes of road deaths for decades. Unfortunately, drunk driving is still prevalent in most parts of the country. DUI laws in the U.S. vary depending on the state. Thus, it is a good idea to know about the laws not only in Arizona but in other states as well.  

The Earliest DUI Laws

New Jersey enacted the first law on drunk driving in 1906. Back then, a person caught driving under the influence of alcohol was sentenced to 60 days in jail and a $500 fine. Unbelievably, after over a century, there are states that don’t jail first-time offenders and some states only require a $500 fine. With exponentially more DUI cases, you would think that DUI laws across the country would be stricter than a century ago.  

The Strictest and the Most Lenient States Today

Arizona is the strictest state in terms of cracking down on DUI offenders. A minimum of 10 days in jail awaits you if you are a first-time offender. This comes with a minimum fine of $1,250, the installation of a car ignition interlock device at your own expense, and a 90 day suspension of your privilege to drive. Your vehicle will also be impounded. Other states with strict DUI laws include Connecticut, West Virginia, and Alaska On the other side of the spectrum, South Dakota has the most lenient DUI laws. It is ironic that the 1906 New Jersey law was harsher than current South Dakota DUI laws. The state doesn’t impose a minimum jail term for first and second-time offenders. Although a third offense is considered a felony, driving privileges are not suspended and the installation of ignition interlock devices is not required. Other states with lenient DUI laws are North Dakota, Montana, and the District of Columbia.

The Harsh DUI Laws in Arizona

Because a DUI charge in Arizona comes with dire consequences, you should immediately get in touch with a reputable DUI lawyer like Gary Rohlwing to make sure your rights are protected. It doesn’t matter if you are charged for DUI in Phoenix, Glendale, Peoria, Surprise, Avondale, Goodyear or any other city in the state of Arizona. The state laws of Arizona will apply. Arizona has comprehensive misdemeanour DUI laws that virtually encompass any situation where a person may be impaired and drive or try to drive. The amount of alcohol concentration found in a person’s system determines whether he or she will be charged with DUI, Extreme DUI, or Super Extreme DUI as discussed below.

• R.S. § 28-1381 is the original DUI law. It generally applies to a person whose alcohol concentration is between 0.04 (for drivers of commercial vehicles) and 0.14. It also applies to any person operating under the influence of any impairing or intoxicating drug, vapor that releases substances containing toxic chemicals or any combination of drugs, alcohol and other vapor releasing substances if it impairs the person to the slightest degree. It also includes a person with at least a 0.08 alcohol concentration within 2 hours of driving or trying to drive.
• R.S. § 28-1382(A)(1) is the Extreme DUI law. It applies to a person whose alcohol concentration is 0.15 or more but less than 0.20
• R.S. § 28-1382(A)(2) is the Super Extreme DUI law. It applies to a person whose alcohol concentration is 0.20 or more.

The mandatory minimum jail time is consecutive and is 10 days for original DUI, 30 for Extreme DUI, and 45 for Super Extreme DUI. The mandatory minimum fines are $1,250 for original DUI, $2,500 for Extreme DUI, and $2,750 for Super Extreme DUI. For concerns about misdemeanor DUI charges, you should immediately consult with the Law Offices of Gary L Rohlwing, a competent and experienced practice well-versed in defending misdemeanor DUI cases in Arizona. For immediate DUI Legal Defense Assistance, call my office today! Law Offices of Gary L Rohlwing 7112 N 55th Ave Glendale, AZ 85301 (623) 937-1692 http://www.criminal-duiattorney.com/ http://www.criminal-duiattorney.com/blog/

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Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

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from http://www.criminal-duiattorney.com/blog/dui/arizona-has-some-of-the-harshest-dui-laws/

First Offense DUI: What to Expect in Arizona

Drunk drivers, to put it simply, face harsh penalties and fines in the State of Arizona. The state has some of the harshest DUI laws in the US. In Arizona, you are guilty of DUI if at least one of the following applies to you pursuant to A.R.S. § 28-1381(A)(1)-(4):

• You are impaired to the slightest degree while under the influence of impairment-causing drugs, a vapor- releasing substance containing a toxic substance or any combination of liquor, drugs or vapor- releasing substances.
• You have a blood alcohol concentration (BAC) of 0.08% or more within two hours of driving.
• You have any drug or its metabolite as defined in A.R.S. § 13-3401 in your system.
• You have a BAC of 0.04% or more and were stopped driving a commercial vehicle.

Note that even if your Breathalyzer or blood test results show that your BAC is under 0.08%, the officer who stopped you may charge you with DUI if he/she deems that you are unfit to drive. You are automatically charged with DUI if the test shows your BAC is 0.08% or more.  

Penalties for First-Time Misdemeanor Offenders

A first time DUI under A.R.S. § 28-1381 is a Class 1 misdemeanor. If you are convicted of a first time misdemeanor DUI, you will be sentenced to the following:

• A jail term of 10 consecutive days or more, with a maximum of up to 90 days. The court may suspend 9 of the 10 days if you complete a court-ordered alcohol or other drug screening education or treatment program.
• A fine of $1,250.
• Installation of a certified ignition interlock device in your car at your own expense.

You may also be sentenced to the following:

• Community service hours

Your conviction will trigger a 90 day suspension of your privilege to drive.  

What to Do When Stopped for a Possible DUI

When an officer asks you to pull over for a possible DUI, you must:

• Safely pull over to the right side of the road.
• Switch your engine off.
• Politely refuse to answer any questions.
• Hand over your registration, license, and insurance to the officer.
• Politely refuse to take any field sobriety tests if asked.
• Submit to a Breathalyzer or Blood test.
• Remain silent if you are arrested.
• Politely request that you be allowed to speak to your lawyer.

If you have had a few drinks, it can be stressful if you are pulled over. Just stay calm and follow the steps above.

What to Do if Charged with Your First DUI

Anyone can be found guilty of a misdemeanor DUI. When it happens, you must be ready and know the consequences. As a Class 1 misdemeanor, a first DUI conviction comes with daunting punishments. Don’t lose hope! An experienced DUI lawyer like Gary Rohlwing can help find ways to possibly have the case dismissed, challenge the accuracy of the Breathalyzer or blood test results, prove that you were not impaired, and minimize the penalties. Remember that your future may be at stake. Therefore, you need to have a competent lawyer by your side at all times.   If you are facing your first DUI charge in Arizona, it’s best to get in touch with the Law Offices of Gary L. Rohlwing immediately. He has been protecting the rights of clients charged with DUI for many years. He will work hard to make sure that you get the best results possible for your case. You can read more about his practice areas here.

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Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from http://www.criminal-duiattorney.com/blog/dui/first-offense-dui-what-to-expect-in-arizona/

Handling the Stress when a Loved One has Pending Charges

Having a loved one with pending criminal charges is extremely stressful. Here are some practical ways to deal with that stress. Be there emotionally for your loved one but set healthy boundaries. Your loved one needs you now, more than ever so that he or she can vent, cry, complain, and otherwise process what happened. Allow this to occur but then take breaks so that you can recharge. You’re not helping your loved one if you allow the negative emotions to take over your life. Show your loved one that you love him or her by not putting your lives on hold just because charges are pending. Continue to live legally and morally. Plan fun events that are legal and moral that you and your loved one can enjoy together now. Talk to your loved one about ways to make extra income to pay for the attorney, fines, and fees. If he or she doesn’t want to talk about it, brainstorm on your own. For example, you and/or your loved one could get a job, take on extra work, get a second job, obtain a home equity line of credit, or sign up for contract work through guru.com. Discuss with your loved one the potential problems that a criminal conviction can cause and try to solve them now. For example, you may need to get a job if he or she receives a prison sentence. You should begin looking for a job now instead of waiting until after the sentencing. Explore how to eliminate unnecessary spending with your loved one. Unnecessary spending causes additional stress that you don’t need. Some examples are cable TV, designer clothes, the latest iphone, gym membership, Starbucks coffee, buying DVDs and eating out all the time. Brainstorm how to get needs and wants met for little or no money with your loved one. For example, you need and want to keep watching new DVD movies but have decided it’s unnecessary to keep buying them. Apply for a public library card and start checking them out for free instead. Hire an experienced defense attorney. His experience and compassion can help relieve a great deal of stress. Attorney Gary Rohlwing has over three decades of experience. Call him today for a free consultation.   My Specialty Practice Areas: Criminal DUI Domestic Violence   My Office is in Glendale, AZ Law Offices of Gary L Rohlwing 7112 N 55th Ave Glendale, AZ 85301 (623) 937-1692

Handling the Stress when a Loved One has Pending Charges is courtesy of 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 http://www.criminal-duiattorney.com/blog/criminal/handling-the-stress-when-a-loved-one-has-pending-charges/

Arizona Terms Of Standard Probation

Standard probation as part of a felony sentence in Arizona is very common. Arizona enacted The Uniform Conditions of Supervised Probation incorporating Evidence-Based Principles on January 1, 2011, to be used in all superior courts. The information below is from the Arizona Code of Judicial Administration implementing the Uniform Conditions of Supervised Probation which is found at https://www.azcourts.gov/Portals/25/pdf/6-207Uniform%20Conditions.pdf Some of the Uniform Conditions of Supervised Probation are:

• Maintaining a crime-free lifestyle by obeying all laws and not engaging or participating in any criminal activity;
• Not possessing or controlling any stun guns, tasers, firearms, ammunition, deadly or prohibited weapons as defined in A.R.S. § 13-3101;
• Reporting any contact with law enforcement to the Adult Probation Department within 72 (or ___) hours;
• Submitting to search and seizure of person and property by the Adult Probation Department without a warrant;
• Reporting to the Adult Probation Department within 72 (or ___) hours of sentencing, absolute discharge from prison, release from incarceration, or residential treatment and continue to report as directed; keeping Adult Probation Department advised of progress toward case plan goals and comply with any written directive of the Adult Probation Department to enforce compliance with the conditions of probation; providing a sample for DNA testing if required by law;
• Providing the Adult Probation Department safe, unrestricted access to my residence and receiving prior approval of the Adult Probation Department before changing my residence; residing in a residence approved by the Adult Probation Department;
• Requesting and obtaining written permission of the Adult Probation Department prior to leaving the state (___ county);
• Actively participating and cooperating in any program of counseling or assistance as determined by Adult Probation Department, or as required by law, given assessment results and/or my behavior; signing any release or consent required by the Adult Probation Department so the Adult Probation Department can exchange information in relation to my treatment, behavior and activities;
• Not possessing or using illegal drugs or controlled substances and submitting to drug and alcohol testing as directed by the Adult Probation Department;
• Obtaining written approval of the Adult Probation Department prior to associating with anyone I know who has a criminal record; not knowingly associating with any person engaged in criminal behaviors;
• Seeking, obtaining, and maintaining employment, if legally permitted to do so, and/or attend school; informing the Adult Probation Department of any changes within 72 hours;
• Being financially responsible by paying all restitution, fines, and fees in my case as imposed by the Court. I understand, if I do not pay any restitution in full, the Court may extend my probation.

Discretionary terms of probation begin at term 16 which when checked means that the probationer is not allowed to consume or possess any substances containing alcohol. Other discretionary terms are:

• Hours of community restitution;
• Days in jail;
• No contact with victim;
• Complying with sanctions based on my behavior such as community restitution hours and days in jail in addition to hours and days already ordered;
• Abiding by the attached special conditions of probation: intensive probation, domestic violence, mental health, sex offender, drug court, DUI Court/Program, Gang, or any other special conditions filled in by the Court.

You may have questions about how the Adult Probation Department interprets these conditions or if you should accept a plea that includes standard probation. If you are facing a sentence that includes standard probation, you need an experienced criminal defense attorney. Attorney Gary Rohlwing has over three decades of experience. Call him today for a free initial consultation.   Law Offices of Gary L Rohlwing 7112 N 55th Ave Glendale, AZ 85301 (623) 937-1692 http://www.criminal-duiattorney.com/            

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Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

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from http://www.criminal-duiattorney.com/blog/uncategorized/arizona-terms-of-standard-probation/

Arizona’s Duty To Report Law

Arizona’s duty to report law is found at A.R.S. § 13-3620. All of the information below is taken from that law. A.R.S. § 13-3620(A) provides in relevant part:

“A. Any person who reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense or neglect that appears to have been inflicted on the minor by other than accidental means or that is not explained by the available medical history as being accidental in nature or who reasonably believes there has been a denial or deprivation of necessary medical treatment or surgical care or nourishment with the intent to cause or allow the death of an infant who is protected under section 36-2281 shall immediately report or cause reports to be made of this information to a peace officer, to the department of child safety or to a tribal law enforcement or social services agency for any Indian minor who resides on an Indian reservation, except if the report concerns a person who does not have care, custody or control of the minor, the report shall be made to a peace officer only. . . .For the purposes of this subsection, "person" means:

1. Any physician, physician's assistant, optometrist, dentist, osteopath, chiropractor, podiatrist, behavioral health professional, nurse, psychologist, counselor or social worker who develops the reasonable belief in the course of treating a patient.

2. Any peace officer, child welfare investigator, child safety worker, member of the clergy, priest or Christian Science practitioner.

3. The parent, stepparent or guardian of the minor.

4. School personnel, domestic violence victim advocates or sexual assault victim advocates who develop the reasonable belief in the course of their employment.

5. Any other person who has responsibility for the care or treatment of the minor.” Read the original document of the law by visiting https://www.azleg.gov/ars/13/03620.htm

Some organizations, such as the Girl Scouts, have determined that their adult volunteers have a duty to report pursuant to A.R.S. §13-3620(A)(5). According to A.R.S. §13-3620(O), a person who violates A.R.S. §13-3620 is guilty of a class 1 misdemeanor if it’s not a reportable offense or a class 6 felony if it is a reportable offense. A.R.S. §13-3620(P)(4) defines a “reportable offense” as the following:

4. "Reportable offense" means any of the following: (a) Any offense listed in chapters 14 and 35.1 of this title or section 13-3506.01. (b) Surreptitious photographing, videotaping, filming or digitally recording or viewing a minor pursuant to section 13-3019. (c) Child sex trafficking pursuant to section 13-3212. (d) Incest pursuant to section 13-3608. (e) Unlawful mutilation pursuant to section 13-1214.” Original found on https://www.azleg.gov/ars/13/03620.htm

If you have been charged with failure to report, you need an experienced attorney to defend you. Attorney Gary Rohlwing has over thirty years experience. Call him today for a free consultation. Read more about my practice areas.

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Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from http://www.criminal-duiattorney.com/blog/criminal/arizonas-duty-to-report-law/

SAMMY “THE BULL” GRAVANO’S ARIZONA CHARGES

Salvatore “Sammy the Bull” Gravano was released early from federal prison in September 2017. He will be on federal parole for the rest of his life. The following sources provided the information below: “Mafia Turncoat Gets 20 Years for Running Ecstasy Ring” by Andy Newman, New York Times, Sept. 7, 2002; “Ex-Mafia hit man “Sammy the Bull” Gravano now out of prison”, by Walter Berry, Associated Press, Sept. 22, 2017. Mr. Gravano, a former member of the Gambino crime family, confessed to murdering 19 people. He became a government informant in 1991 and helped convict 39 mobsters. He served 5 years in prison for the murders. When he was released, he entered the federal witness protection program and moved to Arizona in 1994. He left the program in 1995, wrote a book, and owned a restaurant and swimming pool installation company in Phoenix. In 2000, he was arrested in connection with an Ecstacy trafficking ring in Phoenix that reportedly earned him about $500,000.00 per week. He was also accused of buying 40,000 Ecstacy pills from a drug gang in New York. He was supposed to be sentenced on the New York federal charges on September 11, 2001, but it was delayed because of 9/11. He was sentenced to 20 years in federal prison on September 6, 2002. By that time, he had already pled guilty to ten Arizona felony charges. On October 30, 2002, He was sentenced to the following prison terms on the following charges in Maricopa County Superior Court with credit for time served of 979 days. All of the prison terms were made concurrent with his New York federal prison term:

• Conspiracy to Commit the Sale of Dangerous Drugs. 19 years.
• Participating in a Criminal Syndicate. 19 years.
• Illegal Enterprise. 15 years.
• Offer to Sell or Transfer Dangerous Drugs, to wit: MDMA, also known as Ecstasy. 19 years.
• Money Laundering in the Second Degree. 15 years.
• Use of Wire or Electronic Communication in Drug Related Transaction (2 counts). 7.5 years.
• Misconduct involving Weapons. 7.5 years.
• Possession of Marijuana. 2.25 years.
• Money Laundering. 15 years.

  The Court found that he had been convicted of Racketeering in CR 90-1051 (S-2), United States District Court, Eastern District of New York. An inmate datasearch on the Arizona Department of Corrections website revealed that Mr. Gravano finished serving his sentence on June 7, 2016. He had no history of disciplinary appeals. If you or a loved one are facing several Arizona felony drug charges, you need an experienced attorney to defend you. Attorney Gary Rohlwing has over thirty years experience. Call him today for a free consultation.   Some of My Practice Areas:

• DUI/DWI Law
• Felonies
• Misdemeanors
• Drug Crimes

  I am located within a few minutes from the Glendale Court House My office is at: Law Offices of Gary L Rohlwing 7112 N 55th Ave Glendale, AZ 85301 (623) 937-1692 http://www.criminal-duiattorney.com/     Click here for the directions on Google.  

SAMMY “THE BULL” GRAVANO’S ARIZONA CHARGES is courtesy of Glendale Arizona Law Offices of Gary Rohlwing

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

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from http://www.criminal-duiattorney.com/blog/uncategorized/sammy-the-bull-gravanos-arizona-charges/

Criminal Sentence Commutations & The Arizona Board of Executive Clemency

The Arizona Board of Executive Clemency was created in 1994 as part of the Arizona Truth-in-Sentencing Act. The following information is from the Arizona Board of Executive Clemency website on how to obtain a commutation of sentence: (Find the original article source at https://boec.az.gov/content/commutation-sentence-application)  

“A commutation of sentence is a change or modification of a sentence imposed by the court. The Governor may only grant a commutation of sentence upon recommendation of the Board (A.R.S. §31-402). Applications for a Commutation are available on this website in the "Forms" section. Completed applications should be sent to the Department of Corrections, Time Comp Division, 1601 West Jefferson Street, Phoenix, Arizona 85007. Applications sent directly to the Board of Executive Clemency will be returned to the originator. Only those applications certified as eligible by DOC will be forwarded to the Board for consideration and scheduling. Phase I Commutation Hearing The Phase I Hearing is an in-absentia hearing at the Board office. The Board will vote to either deny further action because the sentence imposed at the time of sentencing was not determined to be excessive or pass the application to a Phase II hearing. Members of the public, victims, inmate's family and supporters, etc. are permitted to provide testimony regarding the sentence imposed by the judge at the time of sentencing to the Board at this hearing. The order of hearings, on the scheduled hearing day, is set by the panel chairperson. Phase II Commutation Hearing A Phase II Commutation Hearing is a hearing normally conducted with the inmate present via telephone or video conferencing. In some cases a Phase II Hearing may be conducted at a state institution with the inmate in attendance. The Board will vote to either deny further action on the Commutation Request or will recommend a reduction of sentence to the Governor. The Governor cannot consider a Commutation of Sentence without a recommendation from the Board. If the Board does recommend a reduction in sentence and the vote of the Board is unanimous the Governor must make a determination on the Board's recommendation within 90 days. If the Board recommends a reduction in sentence but the vote of the Board is not unanimous then the Governor will make the final decision on the Commutation Request at their convenience. The time of a scheduled hearing, on the scheduled hearing day, is determined in cooperation with the Department of Corrections and is based on their security concerns.”

Unfortunately, the probability that a prisoner will be granted a commutation of sentence is very low according to “No Indeterminate Sentencing without Parole” by Kevin Morrow and Katherine Puzauskas:

“Statistics provided by Arizona Board of Clemency show that between 2004 and 2016 the Board heard an average of 594.9 clemency hearings per year, recommended an average of 48.2 prisoners a year to the governor who granted clemency to an average of 6.7, or 1.5% of all applicants. . .”

If you or a loved one is facing charges where “life with a chance of release” is a possibility, you need an experienced defense attorney. Attorney Gary Rohlwing has over three decades of experience. Call him today for a free consultation. You can learn more about my legal practice areas by visiting https://goo.gl/9Fc9UX and you can read more related information by visiting https://goo.gl/NxUj1S   Find Our Office: Law Offices of Gary L Rohlwing 7112 N 55th Ave Glendale, AZ 85301 (623) 937-1692 http://www.criminal-duiattorney.com/  

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Low or No Cost Legal and Mental Health Services

Finding low or no cost legal and mental health services in the Phoenix metro area can be very frustrating when you make too much money to qualify for Community Legal Services and Arizona Medicaid (AHCCCS). Sliding fee scales for legal and mental health services are meaningless when they tell you that your “affordable” fee will be $70.00 per session! Listed below are low or no cost legal and mental health services that are currently accepting clients/patients, provide real help, and charge low fees (typically $12.00 or less per session) regardless of income.   Arizona Justice Center provides free legal counseling, marriage and family counseling, and addiction counseling. Call them at (623) 847 – 2772, e-mail them at AzJusticeCenter@gmail.com or visit their website at www.azjusticecenter.org.   Arizona Legal Center helps answer a vital question: “Do I have a case?” Here is how they describe their free legal services on their website:  

“The lawyers at the Legal Triage Program will vet your case for possible claims, defenses, and remedies, then identify possible resolutions or strategic options and provide appropriate referrals and resources for legal or other assistance in the community to help with matters that are found to be valid and viable.” Originally seen published on http://www.arizonalegalcenter.org/services.html

  The Arizona State University Counselor Training Center provides low cost mental health therapy for people residing in the Phoenix metro area. Here is a description of their services from their online brochure:

“Counseling services are tailored to the concerns presented by the client, which might include but are not limited to:

• depression
• anxiety
• personal problems
• relationships
• family problems
• career counseling
• life transitions

Clients are assigned to a counselor and scheduled for standing one-hour weekly appointments for the duration of the semester. Depending on when a client initiates services, he or she could receive up to 12 weeks of services. Counselors and clients work collaboratively to determine whether additional counseling is needed at the end of the semester.”

Call them at (480) 965 – 5067, e-mail them at ctc@asu.edu or visit their website at www.cis.asu.edu/ctc.   Maricopa Integrated Health Care Systems runs the Desert Vista Outpatient Clinic which accepts patients based on medical need. Here is how they describe their services on their website:

“The Desert Vista Outpatient Clinic provides comprehensive assessment and treatment to individuals experiencing difficulties related to psychiatric, psychological or emotional problems. We treat both adults and children in the Desert Vista Outpatient Clinic. Our services include intensive individual psychotherapy, group therapy, family therapy and medication management (if applicable). The clinic does not offer substance abuse treatment.”

  The free or low cost legal services above do not handle criminal cases. If you or a loved one is facing criminal charges, you need an experienced attorney who has affordable rates. Attorney Gary Rohlwing has over thirty years experience and charges reasonable rates. Call him today for a free consultation.  

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Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

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Arizona Law on Bail

Article 2, §22(A) of the Arizona Constitution states:

All persons charged with crime shall be bailable by sufficient sureties, except:

1. For capital offenses, sexual assault, sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age when the proof is evident or the presumption great.

2. For felony offenses committed when the person charged is already admitted to bail on a separate felony charge and where the proof is evident or the presumption great as to the present charge. Originally seen published on http://www.azleg.gov/const/2/22.htm

  The Arizona Court of Appeals has held that defendants held pursuant to Art. 2, §22(A) are entitled to a bail hearing according to Simpson v. Owens, 207 Ariz. 261, 85 P.3d 478 (App. 2004). The hearing must have the following procedural safeguards: (1) the right to counsel; (2) the opportunity to testify and present information; (3) the opportunity to cross-examine opposing witnesses; (4) the statutory factors governing the preventive-detention decision-making process; (5) a requirement of findings of fact and a statement of reasons for the decision; and (6) a requirement of proof by clear and convincing evidence. See Id., 207 Ariz. 261, 274, 85 P.3d 478, 491. On February 9, 2017, the Supreme Court of Arizona held that Article 2 section 22(A)(1) of the Arizona Constitution and A.R.S. § 13-3961(A)(2)-(4) were unconstitutional because they violated the 14^th Amendment due process guarantee in Simpson v. Miller, CR-16-0227-PR (¶ 2). The Court found that such defendants are instead subject to A.R.S. § 13-3961(D): “Because Martinez is charged with a felony, he would be subject to A.R.S. § 13-3961(D), which allows the court to deny bail on the state's motion if the court finds by clear and convincing evidence following a hearing that (1) "the person charged poses a substantial danger to another person or the community," (2) "no condition or combination of conditions of release may be imposed that will reasonably assure the safety of the other person or the community," and (3) "the proof is evident or the presumption great that the person committed the offense." This procedure is essentially the same as the one upheld in Salerno. Under this provision, the state may deploy the entire range of permissible conditions of release to ensure community safety, including GPS monitoring. The court may deny bail altogether for defendants for whom such conditions are inadequate, which may well include many or most defendants accused of sexual conduct with a minor under age fifteen. Under our reading of Salerno, the state may deny bail categorically for crimes that inherently demonstrate future dangerousness, when the proof is evident or presumption great that the defendant committed the crime. What it may not do, consistent with due process, is deny bail categorically for those accused of crimes that do not inherently predict future dangerousness. The State urges that we should not hold the challenged provisions unconstitutional on their face because they may not be unconstitutional in all instances. See, e.g., Salerno, 481 U.S. at 751. The State, however, is confusing the constitutionality of detention in specific cases with the requirement that it be imposed in all cases. Sexual conduct with a minor is always a serious crime. In many but not all instances, its commission may indicate a threat of future dangerousness toward the victim or others. But because it is not inherently predictive of future dangerousness, detention requires a case-specific inquiry. Accordingly, we hold that the provisions of article 2, section 22(A) of the Arizona Constitution and A.R.S. § 13-3961(A)(3), categorically denying bail for all persons charged with sexual conduct with a minor, are unconstitutional on their face. Defendants for whom future dangerousness is proved may still be held under A.R.S. § 13-3961(D) as set forth above.” ( ¶ ¶ 29-31). Arizona superior courts are following Simpson v. Miller by setting bond amounts and other release conditions for defendants previously held without bail under Article 2, section 22(A) of the Arizona Constitution. If you or a loved one is being held without bond, you need an experienced attorney to see if pretrial release is possible. Attorney Gary Rohlwing has over thirty years experience. Call him today for a free consultation.   Gary provides experienced criminal defense services in: Glendale Misdemeanor Criminal Defense Peoria Defense Lawyer Avondale Criminal Legal Assistance    

Arizona Law on Bail is available on http://www.criminal-duiattorney.com/blog/

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

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from http://www.criminal-duiattorney.com/blog/criminal/arizona-law-on-bail/

Arizona State Criminal Courts Different Legal Articles

Article VI § 1 of the Arizona Constitution provides that Arizona’s integrated judicial department consists of “a supreme court, such intermediate appellate courts as may be provided by law, a superior court, such courts inferior to the superior court as may be provided by law, and justice courts.” Arizona state criminal courts are city courts, justice courts, superior courts, the Court of Appeals, and the Supreme Court. Arizona city courts hear misdemeanor and petty offense cases that occur within their city or town limits such as DUI, shoplifting, and domestic violence. Some city courts do not require that city court judges be attorneys. Arizona justice courts hear misdemeanor and criminal traffic cases that occur on the freeways, county land, or state land. There are 26 justice courts in Maricopa County. Arizona law allows individuals who are not attorneys to be elected as justice court judges. Arizona superior courts hear felony cases that occur in their particular county and misdemeanor cases that are otherwise not provided for by law according to Article VI § 14(4) of the Arizona Constitution. All superior court judges must be attorneys. Article VI §9 of the Arizona Constitution specifies that the jurisdiction, powers, duties and composition of the Court of Appeals shall be as provided by law. Arizona has two divisions of the Court of Appeals. Division One of the Court of Appeals hears appeals from cases originating in Maricopa County, Coconino County, Apache County, Yavapai County, Mohave County, La Paz County, Navajo County, and Yuma County while Division Two hears appeals from cases originating in Cochise, Gila, Graham, Greenlee, Pima, Pinal and Santa Cruz counties. A.R.S. § 12-120.21(A)(1) states that the Court of Appeals has appellate jurisdiction in all criminal actions except crimes for which a sentence of death has actually been imposed. A.R.S. § 13-4033(B) provides that a defendant may not appeal from a judgment or sentence that is entered pursuant to a plea agreement or an admission to a probation violation. Article VI § 5(3) states that the Supreme Court has appellate jurisdiction in all criminal actions except those originating in courts not of record unless the action involves the validity of a tax, impost, assessment, toll, statute or municipal ordinance. City courts and justice courts are considered courts not of record so any appeal has to challenge the validity of the statute or municipal ordinance under which the defendant was prosecuted. You need an experienced criminal defense attorney to help you through the criminal proceedings in the Arizona state criminal court system. Attorney Gary Rohlwing has over three decades of experience in the Arizona state criminal court system. Call him today for a free consultation.   Law Offices of Gary L Rohlwing 7112 N 55th Ave Glendale, AZ 85301 (623) 937-1692 http://www.criminal-duiattorney.com/ http://www.criminal-duiattorney.com/blog/

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Dealing with Stress When Your Charges Are Pending

Having pending criminal charges is extremely stressful.

Here are some practical ways to deal with the stress: Tell someone who believes in you about your charges. For most people, that is a spouse or significant other. A family member or friend is an excellent substitute if you don’t have a spouse or significant other. You will need this person for invaluable emotional support in the days ahead. Explore other ways to obtain money. You will probably need more money to pay your attorney, fines, and fees. Other ways to make money could include taking on extra work, getting a second job, obtaining a home equity line of credit, or signing up for contract work through guru.com. Brainstorm the potential problems a criminal conviction can cause you and try to solve them now. For example, you may need someone to take temporary custody of your child while you are incarcerated. You should reach out to family members now to solve this problem instead of waiting until after you are sentenced. Continue living your life without committing any more crimes. Don’t put your life on hold just because your criminal charges are pending. Plan fun events that you can enjoy and participate in now. These fun events should not involve drinking too much, using drugs, excessive spending, or any other activity that isn’t legal or moral. Eliminate unnecessary spending. Unnecessary spending causes additional stress that you don’t need. Some examples are cable TV, designer clothes, the latest iphone, gym membership, Starbucks coffee, buying DVDs, and eating out all the time. Brainstorm how to get your needs and wants met for little or no money. For example, you need and want to keep watching new DVD movies but have decided it’s unnecessary to keep buying them. Apply for a public library card and start checking them out for free instead. Hire an experienced defense attorney. His experience and compassion can relieve a great deal of stress. The Law Offices of Gary L. Rohlwing has over three decades of experience. Call him today for a free consultation. Learn more about Gary's practice areas by visiting http://www.criminal-duiattorney.com/practice-areas.html You may have noticed a common theme: these tips all require you to do something positive instead of sitting around worrying and feeling sorry for yourself. Doing something positive helps distract you from your stress. Many times, it will even relieve your stress. Try it!

The following post Dealing with Stress When Your Charges Are Pending is republished from www.criminal-duiattorney.com

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

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ACLU Challenges Constitutionality of Arizona Victims’ Rights Law

On May 8, 2017, ACLU of Arizona filed a complaint in federal district court challenging the constitutionality of A.R.S. § 13-4433(B) and (C) known as the Arizona Victims’ Rights Law. The information below comes from the complaint.  

A.R.S. § 13-4401(19) defines “victim”:

“Victim” means a person against whom the criminal offense has been committed, including a minor, or if the person is killed or incapacitated, the person’s spouse, parent, child, grandparent, or sibling, any other person related to the person by consanguinity or affinity to the second degree or any other lawful representative of the person, except if the person or the person’s spouse, parent, child, grandparent, sibling, or other person related to the person by consanguinity or affinity to the second degree or other lawful representative is in custody for an offense or is the accused.” Originally found on http://www.azleg.gov/ars/13/04401.htm

 

A.R.S. § 13-4433(B) states:

“The defendant, the defendant’s attorney or an agent of the defendant shall only initiate contact with the victim through the prosecutor’s office. The prosecutor’s office shall promptly inform the victim of the defendant’s request for an interview and shall advise the victim of the victim’s right to refuse the interview.”  

A.R.S. § 13-4433(C) states:

“The prosecutor shall not be required to forward any correspondence from the defendant, the defendant’s attorney or an agent of the defendant to the victim or the victim’s representative.” Read all victim’s rights at http://www.azleg.gov/ars/13/04433.htm

These laws are unique to Arizona. While the goal of protecting victims from potential defense harassment and intimidation is admirable, the laws actually prevent defense attorneys from interviewing victims since few victims consent to defense interviews once the prosecutor informs them that they have the right to refuse them. Many crimes pit the defendant’s credibility against the victim’s; sex offenses are serious crimes where it’s often the defendant’s word against the victim’s. The laws force defense attorneys to literally interview the victims when they cross-examine them at trial. The United States Supreme Court has deemed it imperative that a defense attorney in a capital case at the very least reach out and attempt to make contact with all witnesses in the case in Wiggins v. Smith, 539 U.S. 510 (2003). As the ACLU argued in the complaint:

“40. In a capital case, the defense team’s duty to investigate often includes making overtures to the family of the deceased in an effort to understand whether they desire the death penalty for the perpetrator or would be satisfied with a lesser sentence, such as life imprisonment without parole. Victim impact testimony is often critical to the jury’s determination of the appropriate sentence in a capital case and if defense counsel can persuade the victim’s family not to desire the death penalty, it can literally save the life of a defendant. In addition, prosecutors will sometimes acquiesce to the wishes of the victim’s family and drop their demand for death. A.R.S. § 13-4433(B) prevents the defense team from engaging in these efforts. Read more at http://tucson.com/news/local/crime/criminal-defense-attorneys-seek-changes-to-arizona-s-victims-bill/article_fe1e4a59-51b8-5d4f-800a-391fc00abc30.html

41. In capital cases where a relative of the defendant is the victim, often the best sources of evidence regarding mitigation critical to saving a defendant’s life is found with the defendant’s family, which is also the victim’s family. A.R.S. § 13-4433(B) precludes the Plaintiffs from speaking to those crucial witnesses except by using the prosecutor as an intermediary” The Plaintiffs, Arizona Attorneys for Criminal Justice and individuals adversely affected by the laws, argued that A.R.S. § 13-4433(B) violates their First Amendment right to attempt to speak to witnesses who are defined as “victims” without the compulsion to use a government go-between and that A.R.S. § 13-4433(B) is unconstitutionally overbroad since it eliminates all speech of any kind between them and victims. If you are charged with a crime, you need an experienced defense attorney (Like Gary Rohlwing) who knows how to effectively represent you in spite of the Arizona Victims’ Rights Law. Attorney Gary Rohlwing has over three decades of experience. Call him today for a free consultation. Cities I Service:

• Glendale
• Peoria, Arizona
• Surprise, Arizona
• Sun City, Arizona
• Avondale, Arizona

 

The following post ACLU Challenges Constitutionality of Arizona Victims’ Rights Law was first published to Gary Rohlwing

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Should You Represent Yourself? Pros and Cons

Should You Represent Yourself or Hire an Attorney?

You don’t qualify for a public defender. Should you represent yourself? Here are some questions you should ask to help you decide: Do I have the time to learn the law that applies to my criminal charges? The learning curve is steep even for a misdemeanor offense. You would have to sacrifice limited personal time to do so. Can I control my emotions enough to communicate effectively with the prosecutor? It’s difficult to control your emotions when you’re the defendant. You would have to remain polite and calm in communicating with the prosecutor. Can I come up with a valid legal defense? Knowing the law is one thing; coming up with a valid legal defense is another. You would likely experience a lot of uncertainty and frustration trying to come up with a valid legal defense. Can I handle the stress of representing myself? Drinking too much, using drugs, spending too much, or withdrawing are all bad ways of dealing with stress. Representing yourself on your criminal charges is stressful because of the many negative emotions you may experience such as anxiety, depression, anger, fear, and frustration. Representing yourself is difficult. Hiring an experienced defense attorney is easy. Attorney Gary Rohlwing has over three decades of experience. Call him today for a free consultation.

Should You Represent Yourself? Pros and Cons was first seen 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 http://www.criminal-duiattorney.com/blog/criminal/should-you-represent-yourself-pros-and-cons/

Collateral Consequences of Drug Convictions

According to the American Friends Service Committee-Arizona, “Collateral consequences” are legal punishments and other restrictions imposed on people because of their criminal convictions that are in addition to any term of incarceration, fines, fees or supervision imposed by the courts as punishment for the crimes. As Gabriel Chin wrote in “The New Civil Death: Rethinking Punishment in the Era of Mass Conviction”: “As a practical matter, every criminal sentence contains the following unwritten term: The law regards you as having a “shattered character.” Therefore, in addition to any incarceration or fine, you are subject to legal restrictions and limitations on your civil rights, conduct, employment, residence, and relationships. For the rest of your life, the United States and any State or locality where you travel or reside may impose, at any time, additional restrictions and limitations they deem warranted. Their power to do so is limited only by their reasonable discretion. They may also require you to pay the expense of these restrictions and limitations.” On their website, The National Inventory of Collateral Consequences of Conviction lists 170 collateral consequences in the State of Arizona arising from a drug conviction. Some of the well-known ones are:

• Prohibited possessor of firearms;
• Loss of employment and employment opportunities;
• Loss of public benefits such as student aid;
• Loss of housing and difficulty finding housing; and
• Loss of child custody

The collateral consequences of drug convictions in Arizona are wide ranging and serious. Criminal Defense attorney Gary Rohlwing has decades of experience in helping clients mitigate the collateral consequences of their drug convictions. Call or e-mail him today. Felony Attorney Services - http://www.criminal-duiattorney.com/felonies.html Misdemeanor Attorney Services - http://www.criminal-duiattorney.com/misdemeanors.html

Collateral Consequences of Drug Convictions was originally seen on Glendale Arizona Law Offices of Gary Rohlwing

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Arizona Enacts Provisional Licensing for Former Felons

A Fact Sheet published by the National Employment Law Project on August 1, 2016, conservatively estimated that roughly 70 million people in the United States have some sort of criminal record. Having a criminal record can make it difficult to obtain an occupational license required by the State of Arizona. On May 1, 2017, Governor Ducey signed a bill adding A.R.S. § 41-1093 which gave state licensing boards the authority to issue either a regular license or a provisional license to an otherwise qualified applicant who has been convicted of an offense. A provisional license is valid for one year and the ability of the applicant to subsequently obtain another such license in the future is within the discretion of the licensing authority. The law does not preclude a licensing authority from exercising its existing discretion to issue a license to individuals who are not covered under this law. If an applicant is employed in a licensed assisted living or skilled nursing facility, the provisional license must include a condition that the provisional licensee may only work under the direct supervision of another licensee who is not a provisional licensee, and the supervising licensee must sign a verifying affidavit. If a provisional licensee was convicted of an offense that involves a violation of Title 13, Chapter 15 (criminal trespass or burglary) or 19 (theft) within the last ten years and if the occupation is one in which a licensee regularly enters private residences, the provisional license must include a condition that the provisional licensee only work under the direct supervision of another licensee who has no criminal record during all home visits and the supervising licensee must sign a verifying affidavit. If the offense occurred more than ten years ago, the condition is discretionary with the licensing authority. The regular license may include this condition if the licensing authority determines that the condition is warranted. The licensing authority may conduct reasonable enforcement activities to ensure this supervision condition is complied with over the course of the license term. The licensing authority may revoke a provisional license if the provisional licensee is charged with a new felony; commits an act or omission that causes the provisional licensee’s community supervision, probation or parole to be revoked; or violates the law or rules governing the practice of the occupation for which the provisional license is issued. The new law does not apply to the following applicants:

• Convicted of a crime that results in the death or physical injury or any criminal use of a deadly weapon or dangerous instrument according to A.R.S. § 13-901.03;
• Convicted of public sexual indecency to a minor according to A.R.S. § 13-1403(B);
• Convicted of sexual abuse, sexual conduct with a minor, sexual assault, sexual assault of a spouse, molestation of a child, continuous sexual abuse of a child, sexual misconduct by a behavioural health professional, commercial sexual exploitation of a minor, or sexual exploitation of a minor according to A.R.S. § 13-1420;
• Convicted of kidnapping according to A.R.S. § 13-1304;
• Convicted of a crime involving forgery and related offenses, credit card fraud, business and commercial frauds, fraudulent schemes and artifices, or fraudulent schemes and practices where the licensee owes a fiduciary duty to a client according to A.R.S. Criminal Code Title 13 chapters 20-22, A.R.S. § 13-2310-11. Some examples of occupations where a licensee owes a fiduciary duty to a client include real estate agent, certified public accountant, certified financial planner, lawyer, doctor, architect, and professional engineer;
• Any occupation where the licensee would be supervising vulnerable adults or children;
• Convicted of committing a crime in the course of performing the duties of the occupation or a substantially similar occupation; or
• Repetitive offenders according to A.R.S. § 13-703.

If you are currently facing criminal charges that may keep you from obtaining a provisional license, you need an experienced defense attorney. Attorney Gary Rohlwing has over three decades of experience. Call him today for a free consultation.

Arizona Enacts Provisional Licensing for Former Felons See more on: http://www.criminal-duiattorney.com/blog

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Collateral Consequences of Domestic Violence Convictions

According to the American Friends Service Committee-Arizona, “Collateral consequences” are legal punishments and other restrictions imposed on people because of their criminal convictions that are in addition to any term of incarceration, fines, fees or supervision imposed by the courts as punishment for the crimes. As Gabriel Chin wrote in “The New Civil Death: Rethinking Punishment in the Era of Mass Conviction”: “As a practical matter, every criminal sentence contains the following unwritten term: The law regards you as having a “shattered character.” Therefore, in addition to any incarceration or fine, you are subject to legal restrictions and limitations on your civil rights, conduct, employment, residence, and relationships. For the rest of your life, the United States and any State or locality where you travel or reside may impose, at any time, additional restrictions and limitations they deem warranted. Their power to do so is limited only by their reasonable discretion. They may also require you to pay the expense of these restrictions and limitations.” Even a misdemeanor conviction for domestic violence can have the following collateral consequences:

• Federal prohibited possessor of a firearm;
• Loss of employment and career opportunities;
• loss of child custody;
• loss of immigration status;
• future felony prosecution; and
• Potential civil liability to victim’s landlord if victim breaks lease according to A.R.S. § 33-1318(A).

The collateral consequences of domestic violence convictions in Arizona are wide ranging and serious. Defense attorney Gary Rohlwing has decades of experience in helping clients mitigate the collateral consequences of their domestic violence convictions. Call or e-mail him today. Cities We Provide Domestic Violence Case Assistance: Glendale Case Assistance Peoria DV Cases Avondale Cases Goodyear DV Defense Surprise Services   Law Offices of Gary L Rohlwing 7112 N 55th Ave Glendale, AZ 85301 (623) 937-1692 http://www.criminal-duiattorney.com/  

The following article Collateral Consequences of Domestic Violence Convictions is available on http://www.criminal-duiattorney.com/blog/

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Collateral Consequences of Criminal Convictions

In December 2016, the American Friends Service Committee-Arizona published a report entitled A New Public Safety Framework for Arizona: Charting a Path Forward that discussed collateral consequences of criminal convictions. “Collateral consequences” are legal punishments and other restrictions imposed on people because of their criminal convictions. They are in addition to any term of incarceration, fines, fees or supervision imposed by the courts as punishment for the crimes. As Gabriel Chin wrote in “The New Civil Death: Rethinking Punishment in the Era of Mass Conviction”: “As a practical matter, every criminal sentence contains the following unwritten term: The law regards you as having a “shattered character.” Therefore, in addition to any incarceration or fine, you are subject to legal restrictions and limitations on your civil rights, conduct, employment, residence, and relationships. For the rest of your life, the United States and any State or locality where you travel or reside may impose, at any time, additional restrictions and limitations they deem warranted. Their power to do so is limited only by their reasonable discretion. They may also require you to pay the expense of these restrictions and limitations.” The American Friends Committee report noted: “The American Bar Association has identified 886 collateral consequences in the state of Arizona. These include possible exclusion from or denial of professional licenses in such fields as pest management, morticians/embalmer, athletic trainer, insurance, motor vehicle dealer, real estate, security guard, cosmetology, interpreter, firefighter, hazardous waste disposal, and a variety of healthcare-related fields. . . . The end result is that our policies and practices essentially guarantee recidivism. Collateral consequences prevent individuals with criminal convictions from doing what we as a society claim we want them to do—rehabilitate themselves, get jobs, and become stable, contributing members of society. Collateral consequences set people up to fail. For example, a person just released from prison on supervision will likely be required to find housing and a job within a certain period of time. He will also be expected to pay a fee for his supervision, drug testing, and other required activities (drug treatment, anger management, etc.). But because of the felony conviction on his record, he cannot find work. He is unable to pay his fees on time, and is charged a late fee, which he is also unable to pay. After a certain amount of time without finding work or paying his fees, he may be revoked back to prison for violating the terms of his release. For those without supervision, the struggle to obtain employment and safe, stable housing is just as difficult. Lacking reliable transportation, affordable childcare, and other supports many of us take for granted, the stress can lead to relapse into substance abuse, and a slide back into criminal behavior.” The collateral consequences of criminal convictions in Arizona are wide ranging and serious. Defense attorney Gary Rohlwing has decades of experience in helping clients mitigate the collateral consequences of their criminal convictions. Call or e-mail him today. Check out all my practice areas at www.criminal-duiattorney.com/practice-areas.html

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Driving Restrictions Due to a DUI Conviction

Generally, you need to have a fingerprint clearance card issued by the Arizona Board of Fingerprinting if you work with children, the elderly, disabled adults, and victims of domestic violence. Dentists, dental hygienists, denturists, nurses and real estate agents also need fingerprint clearance cards. A.R.S. § 41-1758.03(D) states: “D. A person who is awaiting trial on or who has been convicted of comm05itting or attempting to commit a misdemeanor or felony violation of section 28-1381, 28-1382 or 28-1383 in this state or the same or similar offense in another state or jurisdiction within five years from the date of applying for a fingerprint clearance card is precluded from driving any vehicle to transport employees or clients of the employing agency as part of the person's employment. The division shall place a notation on the fingerprint clearance card that indicates this driving restriction. This subsection does not preclude a person from driving a vehicle alone as part of the person's employment. This subsection does not apply to a person who is licensed pursuant to title 32, chapter 20, except if the person is employed by an agency as defined in section 41-1758.” A.R.S. § 41-1758(1) defines an “agency” as: “1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of transportation, the state real estate department, the department of financial institutions, the board of fingerprinting, the Arizona game and fish department, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners or the Arizona state board of pharmacy.” The three laws mentioned in A.R.S. § 41-1758.03(D) are driving under the influence, driving under the extreme influence, and aggravated driving under the influence. A person who is licensed “pursuant to title 32, chapter 20” is a licensed real estate agent. A licensed real estate agent is highly unlikely to be employed by any of the agencies listed in A.R.S. § 41-1758. Therefore, A.R.S. § 41-1758.03(D) allows licensed real estate agents to transport clients and employees even though they have DUI convictions. At first glance, it doesn’t seem like the driving restriction would apply to many people since not everyone works for an agency.Unfortunately, private employers may interpret A.R.S. § 41-1758.03(D) as precluding them from hiring or continuing to employ a person with the driving restriction. Another obstacle may be the private employer’s car insurance which may not cover an employee who has a driving restriction. A DUI conviction will subject you to the driving restriction under A.R.S. § 41-1758.03(D). This collateral consequence means that you should hire an experienced DUI attorney if you are charged with a DUI. Attorney Gary Rohlwing has over three decades of experience defending against DUI charges. Call him today for a free consultation.

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Arizona Amends Civil Asset Forfeiture Laws to Help Innocent Claimants

In October 2016, the Institute for Justice filed a lawsuit in Navajo County Superior Court on behalf of an elderly couple, Terry and Ria Platt. The police pulled over their son, who was driving their car, for a window tint violation. They seized the son’s cash and a small amount of marijuana. Even though Arizona law does not permit forfeiture of a car under these facts, prosecutors are ignoring the law and trying to forfeit the car. The Platts’ story is just one of many where innocent people are ensnared by the Arizona Civil Asset Forfeiture Laws. In April 2017, Governor Ducey signed a bill amending the Arizona Civil Asset Forfeiture Laws. These laws allow the State to seize real and personal property from people who haven’t been charged with committing a crime. A civil asset forfeiture proceeding may be in rem or in personam. A judicial in rem proceeding involves a judgment against the property at issue while a judicial in personam proceeding involves a judgment against a person who is asserting ownership of the property at issue. In both types of proceedings, the State must now prove that the property is subject to forfeiture (in rem) or the person’s interest in the property (in personam) is subject to forfeiture by clear and convincing evidence. “Clear and convincing evidence” is a higher burden of proof than the previous standard “preponderance of evidence.” The Arizona Supreme Court has defined “clear and convincing evidence” as evidence that the truth of the contention is highly probable in State v. Roque, 213 Ariz. 193 ¶ 75 (2006). Other important amendments help claimants. According to A.R.S. § 13-4314(F), a court may now award reasonable attorney fees, expenses and damages for loss of the use of the property to any claimant who substantially prevails at the hearing.  Moreover, a court must award treble costs or damages to any claimant where the court finds that reasonable cause did not exist for the seizure or the filing of the notice of pending forfeiture, complaint, information, or indictment and that the seizing agency or attorney for the state intended to cause injury or was grossly negligent. Whether or not your charges involve civil asset forfeiture, you need an experienced defense attorney to represent you. Attorney Gary Rohlwing has over three decades of experience. Call him today for a free consultation.  

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Arizona Creates New Crimes: Terrorist Threats and False Reporting of Terrorism

Arizona Creates New Crimes:  Terrorist Threats and False Reporting of Terrorism In April 2012, Governor Ducey signed a bill creating the new crimes of making a terroristic threat and false reporting of terrorism.  The new statute is found at A.R.S. § 13-2308.02. Under A.R.S. § 13-2308.02(A),  a person commits the crime of making a terroristic threat  when he or she threatens to commit an act of terrorism and communicates the threat to any other person.  The fact that a person did not have the intent or capability of committing the act of terrorism is not a defense according to A.R.S. § 13-2308.02(C).  A person who is convicted is personally liable for any reasonable expenses incurred by a public agency, for-profit entity, or not-for-profit  entity  that makes an appropriate response to the terroristic threat pursuant to A.R.S. § 13-2308.02(D). Under A.R.S. § 13-2308.02(B), a person commits the crime of false reporting of terrorism when he or she knowingly makes a false report of an act of terrorism and communicates the false report to any other person.  A person convicted of false reporting of terrorism also does not have the defense that he or she did not intend to or have the capability of committing the act of terrorism and is personally liable for any reasonable expenses incurred by a public agency, for-profit entity, or not-for-profit entity that makes an appropriate response to the terroristic threat. Making a terroristic threat and making a false report of terrorism are class 3 felonies.  The range of prison time for a first time felony offender convicted of a class 3 felony is 2 to 8.75 years in prison under A.R.S. § 13-702(D). A.R.S. § 13-2308.02 does not define the crucial terms “terroristic threat”, “threatens”, “terrorism”, and “communicates”.  These terms are also not defined in the Arizona Revised Statutes Criminal Code Title 13.  How these terms will be defined by the courts is unknown. It’s easy to come up with scenarios where a person violates A.R.S. § 13-2308.02 without any intent or capability to carry out the terroristic threat.  A college student taking a creative writing class writes about a character who makes a terroristic threat for a class assignment.  A  teenager  tells his therapist that he wants to falsely report a bomb threat at his school to get out of taking finals.  A friend confides in another friend that he wishes he could kill his wife and blame it on ISIS.  An angry parent blurts out a death threat against the judge during a custody hearing.  Do they deserve to serve time in prison simply for saying something offensive?  These new crimes seem very Orwellian. If you are charged with one or both of these new crimes, you need an experienced attorney to represent you.  Attorney Gary Rohlwing has over three decades of experience.  Call him today for a free consultation. Gary L. Rohlwing Law Offices handles many different criminal cases. Check out my practice areas at www.criminal-duiattorney.com/practice-areas.html

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The Problems with Prior Legal Offenses

Problems You May Face Having a Previous or Prior Offense

A.R.S. § 13-105(22) broadly defines a “historical prior felony conviction” as any prior felony conviction that involved one of the following:

• A mandated term of imprisonment
• A dangerous offense
• Illegal control of a criminal enterprise
• Aggravated driving under the influence of intoxicating liquor or drugs
• Dangerous crime against children
• Any class 2 or 3 felony listed above that was committed within 10 years of the present offense
• Any class 4, 5 or 6 felony not listed above that was committed within 5 years of the present offense
• Any felony conviction that is a third or more prior felony conviction
• Any offense committed in another state that was punishable as a felony within that state and was committed within 5 years of the present offense
• Any offense committed in another state that was punishable as a felony within that state and that involved the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of death or serious physical injury

Clearly, virtually all prior felony convictions are “historical prior felony convictions” in Arizona. The American Friends Service Committee identified another problem with priors in their report entitled A New Public Safety Framework for Arizona:  Charting a Path Forward published in December 2016: “However, Arizona currently uses a category of “priors” that is virtually unheard of in American jurisprudence. The current statute allows the sentencing court to count up the number of distinct “occasions” on which the defendant committed felony offenses that led to convictions rather than to confirm that the defendant had at least been convicted for an earlier offense before committing the offense for which a sentence was now being pronounced. As a result, offenses committed on the same day (for which the person has not yet been convicted) can be treated as “priors” at sentencing, allowing to call for harsher penalties. For example, a person can break into a car, walk down the street and break into another car. Rather than simply being charged with two counts of burglary or theft, the prosecutor can label the first break-in a “prior,” triggering a sentence enhancement.” In other words, a person who has no historical prior convictions under A.R.S. § 13-105(22) can find himself facing harsher sentencing under A.R.S. § 13-703 as a repetitive offender! Almost anyone can have a problem with priors under Arizona law.  You need an experienced criminal defense attorney who knows how to handle problems with priors.   Learn more about our criminal legal defense services Learn more about our DUI legal defense services Learn more about our domestic violence legal defense services    

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What is Aggressive Driving?

The class 1 misdemeanor of aggressive driving occurs when a driver speeds, commits at least two civil traffic violations, and is an immediate hazard to another person or vehicle according to A.R.S. §28-695. The speeding can be either a civil traffic offense (A.R.S. § 28-701(A)) or a class three misdemeanor of excessive speed (A.R.S. §701.02).  A police officer has prima facie evidence of a civil traffic ticket in the absence of posted speed limits when a driver’s speed exceeds 15 mph approaching a school crossing, 25 mph in a business or residential district, or 65 mph in other locations according to A.R.S. § 28-701(B) and (C).  “Excessive speeding” is defined as exceeding 35 mph approaching a school crossing, exceeding the posted speed limit in a business or residential district by more than 20 mph or exceeding 45 mph if no speed limit is posted, or exceeding 85 mph in other locations according to A.R.S. § 28-701.02(A). Besides speeding, a person must commit at least two of the following civil traffic violations in order to be charged with aggressive driving:

• Failure to obey traffic control devices;
• Overtaking and passing another vehicle on the right by driving off the pavement or main traveled portion of the roadway;
• Unsafe lane change;
• Following a vehicle too closely; or
• Failure to yield the right-of-way.

In addition to the traffic offenses listed above, the person’s driving must be an immediate hazard to another person or vehicle. For a first offense, the person must attend and successfully complete   approved traffic survival school educational sessions.  The judge may also order that the person’s driving privilege be suspended for thirty days. For a second offense committed within twenty-four months of the first violation, the person’s driving privilege shall be suspended for one year. It’s possible to commit three civil traffic offenses that are an immediate hazard to another person or vehicle and be cited for the class 1 misdemeanor of aggressive driving.  If you are charged with aggressive driving, you need an experienced attorney like Gary Rohlwing to represent you.   Law Offices of Gary L Rohlwing 7112 N 55th Ave Glendale, AZ 85301 (623) 937-1692 http://www.criminal-duiattorney.com/practice-areas.html  

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