Telling Your Employer About a DUI in Arizona

One of the things that most people who get arrested for driving under influence wonder about, is whether or not they should tell their boss about it. The best advice would differ, depending on the circumstances. First of all, when you get arrested or you’re charged with a crime, it is a personal matter. Generally, you won’t need to get your employer involved. However, there could be an issue if there are work-related circumstances involved. Also, you need to note that arrest and accusation are different from actually being convicted or sentenced for a crime. These are the things that you need to consider when weighing whether or not you should disclose the incident to your employer.

Work-related circumstances

Generally, you won’t have to disclose everything to your employer. After all, privacy is a constitutionally protected right. However, under certain work-related circumstances, you might be obliged to let them know. For instance, when your job involves driving or when you have been issued a company service vehicle. In this case, it is generally required that you disclose facts about the DUI incident to your employer. You should also check for company policy. Rules about disclosing arrests or conviction of a crime would vary depending on your company. Most companies only require disclosure of major crimes, especially those that involve moral turpitude or grave dishonesty. For other, less serious crimes like DUI, they may not require full disclosure. It is also likely to depend on the position that you hold. If you’re a company driver or a salesman who drives around at work, then it is highly probable that your company requires disclosure of such incidents. These policies are usually found in various documents including employment contracts and employee handbooks. Bear in mind that non-disclosure, especially if you were required to do so, could actually have grave consequences. Some policies provide that the employee can be terminated due to the concealment of a material fact. For this reason, it is very important to assess and review everything carefully. Asking for legal assistance from reputable lawyers like the Law Offices of Gary L. Rohlwing would be a big help. A lawyer can help you sift through all the company policies, rules, and laws in order to arrive at a solution that’s most beneficial to you.

Accusation vs. Conviction

As mentioned before, you should bear in mind that there is a huge distinction between accusation and conviction. Once arrested and taken in, you are accused of said crime under DUI laws. However, you would have to undergo legal processes to determine whether or not you are indeed guilty of DUI and what penalty is to be imposed. When it comes to disclosing these matters to your employer, you should consider whether you have simply been accused or if you have already been convicted of DUI. More often than not, it is good to be honest and disclose everything to your employer. However, when there are serious consequences involved, it is best to weigh in with a lawyer before disclosing.

Telling Your Employer About a DUI in Arizona was originally published to Law Office of Gary L. Rohlwing

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Penalties for Possession of Drugs for Sale in Arizona

Criminal law prescribes different penalties when you get caught in possession of illegal drugs. These penalties usually depend on the amount of illicit substance that you possess at the time of the arrest. They could either charge you with mere possession or with possession of drugs for sale. If you have more than the threshold amount set by law, it is presumed that you intend to sell the excess. In such cases, you will likely be charged with possession of drugs for sale. Arizona law categorizes illegal drugs into three groups - dangerous drugs, narcotics, and marijuana. Under the dangerous drugs classification are the likes of ecstasy, LSD, methamphetamine, lorazepam, clonazepam, GHB, mescaline, and steroids. Meanwhile, heroin, cocaine, morphine, opium, oxycodone, and the like are classified as narcotics.

Determining Intent

As earlier stated, the volume of the substance found in your possession is the determining factor to indicate intent. There is what we call a statutory threshold. Possession of the illicit substance above the prescribed statutory threshold would indicate that you do not have the substance merely for personal use but actually intend to sell it. Under Arizona law, the following are the threshold amounts for common prohibited drugs: Lysergic acid diethylamide (LSD): .5 milliliter PCP: 4 grams Methamphetamine: 9 grams Amphetamine: 9 grams Heroin: 1 gram Cocaine: 9 grams Marijuana: 907 grams   Meanwhile, it’s a different story when it comes to determining intent to sell prescription drugs as a felony. In such cases, legal amounts of the prescription drug are taken on a case to case basis. It would depend on your medical and criminal history, the nature of the drug, and other considerations.

Possible Penalties

When caught carrying marijuana with a volume anywhere between 2 to 4 pounds, it is considered a class 5 felony under Arizona law. If you are caught with an amount above 4 pounds, it is considered a class 4 felony. The sentence prescribed for a class 5 felony is a maximum prison term of 2.5 years. Meanwhile, the maximum term for class 4 felonies is 3.75 years. On the other hand, when you are caught possessing volumes of illegal drugs that are beyond the threshold, you are deemed to have intent to sell the substance. Possession of marijuana for sale in Arizona is classified as a class 2 felony. Class 2 felonies carry a minimum sentence of 2 years imprisonment and a maximum of 12.5 years. On the other hand, possessing prescription drugs usually carry a lighter penalty. when caught possessing prescription drugs with intent to sell, it is considered as a class 6 felony which carries a maximum prison term of 1.5 years and a $1,000 fine. Along with the possible prison terms, other penalties such as community service, fines, and probation may also be imposed when it comes to these drug-related crimes. Worthy of mention is the fact that Arizona courts are likely to rule in favor of first-time offenders and those suffering from drug addiction. Most would be placed under probation and are required to undergo addiction treatment instead of serving their prison terms. All this considered, it would be best to hire a reputable criminal law firm such as the Law Offices of Gary L. Rohlwing in order to ensure that your rights are protected and that your possible prison terms have a chance of being mitigated.

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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/criminal/penalties-for-possession-of-drugs-for-sale-in-arizona/

The Real Damage of False Criminal Accusations

Being falsely accused of a criminal act is one of the worst things that could happen to anyone. It can ruin your life. Plus it’s a waste of time, resources, and energy. When someone is falsely accused and charged with that crime, there are only two possible outcomes:

• The falsely accused is exonerated and proclaimed innocent
• The falsely accused is wrongly convicted and sentenced to serve jail time

The first outcome is what most falsely accused defendants hope for. They believe that the truth will always prevail. However, some of those who are falsely accused are found guilty and serve severe punishments, and these people lose the peaceful life for which they worked so hard. They lose their jobs, their homes, their families, and their friends. People lose trust in them, and they feel helpless because there’s nothing they can do. When one is falsely accused, it is important to find the right people to help.

Circumstances Where Someone Might be Falsely Accused of Crimes

There are various reasons why, and scenarios in which someone might be falsely accused of a crime. Many of the prevalent crimes in which people are found to have been falsely accused are sex crimes. These crimes include rape, attempted rape, and other forms of sexual assault.

A person may be wrongfully accused of sexual assault when:

• The victim or witness has mistakenly identified the accused as the criminal
• The accused is currently in a tumultuous relationship and their partners falsely accuses them of sexual assault to inflict pain and suffering
• The accused has had a sexual encounter with someone who proposed casual sex and then used that encounter to frame them for rape or sexual assault

Other than sex crimes, false criminal accusations can also be commonly found in divorce cases. Often, the opposing parties opt to play dirty tricks against each other in order to get the upper hand. Domestic violence is the most common type of false accusation used in divorce trials. Other criminal acts that may be brought up in divorce cases include the following:

• Sexual abuse
• Child abuse
• Drug use
• Illegal acts
• Promiscuity or adultery

Whatever the intentions of the complainant are, making false criminal accusations can drastically change someone’s life. Most of the time, even if proven innocent, they have difficulty getting their old life back.

What to Do When Faced with a False Criminal Accusation

When you are faced with a false criminal accusation, you SHOULD NOT do the following:

• Try to talk to the complainant (alleged victim) or witness
• Talk to officers without a lawyer present
• Volunteer to any kind of testing or permit searching without legal counsel
• Destroy or tamper with any evidence
• React violently or disorderly towards the complainant or the officers

Instead, you SHOULD do the following:

• Insist on your right to remain silent
• Call for a lawyer or attorney to represent you
• Gather any physical evidence including documents and records of communications
• Demand for search warrants before accommodating any search party
• List names of potential witnesses and other possible evidences

If you find yourself being falsely accused of a crime and need legal help for your case, you can count on the criminal attorneys from the Law Offices of Gary L Rohlwing. You can reach them at (623) 937-1692.

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7112 N 55th Ave

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from http://www.criminal-duiattorney.com/blog/criminal/the-real-damage-of-false-criminal-accusations/

Is a DUI a Felony in Arizona?

  If caught driving under the influence of alcohol with a blood-alcohol content above the legal limit, you will likely be arrested. Arizona DUI laws also cover driving under the influence of illegal drugs.

Blood-Alcohol Content Limits

The standard DUI limit in Arizona is a blood-alcohol content of 0.08 percent. As to how many bottles or how many shots of alcoholic drinks it takes to reach this level, it varies from person to person. Blood-alcohol content is affected not only by the type and amount of alcoholic beverage consumed, but also by gender, weight, and the amount of time that you’ve been drinking. Nonetheless, the bottom line is, a blood-alcohol content above the statutory limit would make you too drunk to drive.

Possible Penalties

Arizona DUI Law takes into account different blood-alcohol content levels along with other factors. These factors include previous arrests and/or conviction, and whether or not there were minor passengers at the time of the arrest.

• Standard DUI First offense: The first time you are arrested with a standard DUI of 0.08+, you can receive 10 days of jail time. Along with this, you may be fined up to $1,500, plus jail costs and an $80 monitoring fee. You will be required to undergo screening and counseling. You could also get a 90-day suspension or one-year revocation of your driver’s license.
• Standard DUI Second Offense: The second time you’re caught driving while intoxicated with a blood-alcohol content over 0.08, you will be made to serve 9 days in jail. The fine is about $3,500 with jail/home detention costs and an $80 monitoring fee. You will also be required to undergo screening and counseling. Your license will be revoked for one year and you’ll have to serve 30 hours of community service.
• First offense for extreme DUI: An extreme DUI of 0.15+ could lead to 30 days jail time. Along with this, you will also be fined about $2,780, plus jail/home detention costs, and an $80 monitoring fee. Screening and counseling are required and you will also receive a 90-day MVD suspension.
• Second offense for extreme DUI: The second time you are arrested with severely high alcohol content levels, you have to serve 120 days in jail. Fines would run to about $3,740, plus jail/home detention costs and an $80 monitoring fee. You will be required to undergo screening and counseling and receive a 1-year revocation of your MVD. You will also be required to serve 30 hours of community service.
• First offense for super extreme DUI: The first time you are arrested with a super extreme DUI of 0.20+, the possible jail time is set at 45 days. You will also have to pay fines averaging at $3,240, along with jail/home detention costs and an $80 monitoring fee. You will have to undergo screening and counseling, along with a 90-day MVD suspension.
• Second offense for super extreme DUI: The second time you’re caught at this level of intoxication, jail time is raised to 180 days and the fine goes up to about $4,650, plus jail/home detention costs and a monitoring fee of $80. You will also get 1-year revocation of your MVD and will have to render community service for 30 months.

Terms of the jail time and other penalties can actually be negotiated while in court. So, in case you get arrested, it is best to have a lawyer from a reputable firm like the Law Offices of Gary L. Rohlwing.

Is a DUI a Felony in Arizona? See more on: Gary Rohlwing www.criminal-duiattorney.com/

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

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from http://www.criminal-duiattorney.com/blog/dui/is-a-dui-a-felony-in-arizona/

How Do You Know If You Are Under Criminal Investigation?

Have You Committed a Crime? Signs You May Be Under Investigation

You will likely be investigated if you’ve done something that may be considered a crime. Be on the alert because the police might be wiretapping you or observing your actions. If you associate with people who have been arrested, it’s possible that you may be, too. This is why you should be updated about what’s happening in your circle.

Always Be on the Lookout

Pay closer attention to your surroundings. You may notice people following you. Have your telephone box checked. Consider using counter-surveillance devices—these can detect spying equipment. If you don’t have dogs, think about getting some. They will alert you if someone’s lurking around your premises. They will also prevent them from breaking into your home and installing bugs. Ask around. People around you may have heard about an investigation or noticed strange individuals. You can ask some of your friends to stay on the lookout. Avoid giving out incriminating information online or over the phone. Police may have access to your devices. Be careful of throwing away evidence as well, because they might check your trash.

Tendencies of Authorities

Generally, you will not be told that you are under investigation unless they want to talk to you and ask specific questions. When they do call you, they have probably already gathered data, and they only want to confirm their conclusions. Police might show up at your home, or you may be invited to talk with a detective. When they’ve managed to corner you, avoid lying. It’s a crime to do so. Just keep quiet and say that you need to consult your lawyer first. When the police come, they might show a search warrant. Do not let them search if they don’t. You can refuse if they didn’t give a good enough reason for a search. If you’re a government employee, you may be requested to go to the Office of the Inspector General (OIG), or an OIG agent may talk to you. This may mean you’re being investigated for something. Learn about some ways to deal with the stress if you are under investigation.

Of Letters and Records

You may receive a subpoena or a target letter. This is evidence that you’re under criminal investigation. If no one has contacted you yet, you could ask a private investigator to check criminal databases. Investigators would have clearances that help them access records not available to the public. Visit the district attorney’s office to know if you have a pending court case. However, you shouldn’t normally have to do this because they will send you a notice to appear in court. Call your local police department and ask if someone has filed charges against you. Again, they don’t have to inform you if you are currently being investigated. If there’s a police report, you may request a copy. This document will tell you details such as what the nature of the case is, when and where it happened, the names of those involved, and the reference number.

The Need For a Defense Lawyer

In summary, you’ll know if you are being investigated for a crime if you pay more attention to what’s happening around you and if you ask help from those who have access to records. If you’re convinced that you’re under investigation, get a lawyer immediately to avoid hassles and possible incarceration. Gary L. Rohlwing’s law office is one place you could try.

How Do You Know If You Are Under Criminal Investigation? 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/dui/how-do-you-know-if-you-are-under-criminal-investigation/

Obtaining Affirmative Defenses for DUI Charges in Arizona

DUI (Driving under the Influence) is a serious offense in Arizona. DUI offenses can lead to disastrous and life-threatening situations. Offenders can get into road accidents, which may cause property damages and bodily injuries, or worse death. Not all DUI cases are severe, and not all drivers experience mental and physical impairment while driving. There are special DUI cases where certain affirmative defenses may apply. The goal of an affirmative defense is to plead for a certain degree of leniency. The aim is to get the offender (defendant) sentenced to the minimum possible penalty. Though going for an affirmative defense might give some people hope, the result will always depend on how the defense is executed. Also, not all DUI cases can win with an affirmative defense.

Cases Where Affirmative Defenses May Apply

Not all DUI or DWI (Driving While Intoxicated) cases may work with an affirmative defense. Cases that can use an affirmative defense meet the following criteria:

DUI – Alcohol

ADAMS Issue and other cases that challenge the accuracy of breath testing devices used to measure BAC (Blood Alcohol Concentration)

This is a case where the breath testing device used is proven to be “not working” accurately at the time the offender was tested and arrested. The ground for this circumstance is that the breath testing device, commonly the Intoxilyzer 5000, should be testing within the acceptable range of accuracy at the time the offender was tested. Also, some hand-held breath testing devices are considered unreliable sources of evidence. These portable devices are only used for preliminary breath testing at the scene so law enforcers will know when to take someone in for a breath test using something more reliable. Other factors that may be used to challenge the accuracy of breath testing devices are the inherent margins of error; radio frequency errors, mouth alcohol errors, operator errors, and the Average Person Problem argument. When the breath testing devices used during the arrest are proven to be inaccurate, an affirmative defense may be rightfully applied.

Improper administration of field sobriety tests

This is a case in which the field sobriety tests performed don't apply to the offender. The ground for this circumstance is that law enforcers sometimes don’t follow the proper guidelines for giving these tests. A field sobriety test should not be given to someone who is:

1. Overweight (weighs 50 pounds more than the average)
2. 60 years or older
3. With any back, hip or leg injuries
4. With balance-impairing disabilities
5. Wearing high-heeled footwear (more than two inches high)

Other factors that may be used to challenge the administration of the tests are unfavorable conditions, poor instructions, the nervousness of the accused, and non-objectivity of the officers who gave the tests. These tests are more common to be found at an Arizona DUI checkpoint.

Lack of evidence to prove the offender was physically impaired during the arrest

This is a case where the state cannot provide more evidence other than the offender’s BAC. Aside from BAC, there should also be solid proof that the offender was physically impaired when they were caught and arrested. That is, they should be proven to have had a lack of driving and physical control during that time.

DUI – Marijuana

AMMA MJ Cardholder

The Arizona Medical Marijuana Act (AMMA) provides immunity to MJ Cardholders for the medical use of marijuana. However, the act does not excuse MJ Cardholders from being charged with DUI when caught driving under the effects of marijuana. The AMMA does, instead, provide the accused offenders the benefit of seeking an affirmative defense for their case. The affirmative defense can then plead for leniency and aim for reducing the sentence to the minimum possible penalty.

Different types of marijuana metabolites

Another case where a marijuana user can hope for an affirmative defense is when the marijuana metabolites in question are not psychoactive. Only psychoactive metabolites can lead to DUI convictions, as ruled out by the Arizona Supreme Court. Special applications for an affirmative defense aren’t limited to those mentioned above. Other various factors may be explored once an investigation turns up lacking strong evidence.

Get an Affirmative Defense

An affirmative defense is something that can only be strategized when the circumstances are thoroughly examined and explored. You’ll need a good lawyer to help you. Law Offices of Gary L Rholwing might be able to help you. Call at (623) 937-1692 or visit the website.

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7112 N 55th Ave

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(623) 937-1692

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from http://www.criminal-duiattorney.com/blog/dui/obtaining-affirmative-defenses-for-dui-charges-in-arizona/

How is it Possible to have Drug-Related Cases Dismissed?

What are Some Possible Situations Where a Drug Case Can Be Dismissed?

It may seem like a hopeless case to some, but there are several ways to have drug-related cases dismissed. In this article, you will learn about nine of the top strategies.

Question the Evidence and how it was Obtained

Prove that the officer didn’t have probable cause to search or arrest you. Don’t be fooled into thinking you can’t say no when an officer says that he/she needs to search for drugs in your person, vehicle, or home. If the officer continued after you refused, any evidence found would not be accepted in court.

Prove that You’re not Involved

You might have been in possession of drugs because of external circumstances and not because you really own them. For example, someone may have placed drugs in your bag by mistake, or you may have borrowed a relative’s car without knowing he had bags of marijuana in it. You must provide evidence that you are not involved with the crime. A lawyer can help you gather proof and present it convincingly in court.

Prove that a Substance is Not an Illicit Drug

Other people may mistake certain things to be drugs. The following things have been mistaken for drugs before:

• Cat litter
• Baking soda
• Dough
• Donut glaze
• Candies
• Herbs and spices

You can have charges dropped by sending the substance to a lab so that they can analyze it. At the very least, this will delay the trial as the prosecutor needs to wait until the lab technician is available.

Confront the Accuser

Police will try to keep their informants secret. But, under the Sixth Amendment, you have the right to confront the person who is accusing you. The attorney may give you a better deal to avoid putting the informant into the public eye. You can also gain sympathy when the informant is confidential. People may react negatively when they learn that the accuser is someone who is unknown and may have sinister motives.

Defend Against Entrapment

Entrapment is when a person is pressured to do something that he/she would not do otherwise. This strategy can be used if an undercover agent teamed up with an informant and pressured somebody, leading that person into getting caught doing something he/she wouldn’t normally do.

Request Amendment

Request that the charge be amended before the case has been resolved. This can be done with some negotiation with the state attorney. You have to act fast for this, so you need to contact a clever lawyer as soon as you can.

Offer Substantial Assistance

Offering something that will help law enforcement may convince them to decrease the penalties they will give you. For example, you can give valuable information to the detective that will help them catch drug dealers.

Join the Deferred Prosecution Program

Some states offer deferred prosecution programs for certain people. Following the instructions for a given period can result in the dropping of charges.

Receive Drug Treatments

You can avoid prison time by receiving drug treatments. You may have to spend a lot of time in a health facility, but this is better than being incarcerated.

One Important Reminder

Whatever strategy you choose, it’s vital that you find a lawyer who’s experienced in saving clients from drug charges—and this is why you should consider calling Gary L. Rohlwing’s law office if you haven’t found one yet.

The article How is it Possible to have Drug-Related Cases Dismissed? is courtesy of Our Blog

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Tips about Going through an Arizona DUI Checkpoint

Before you go through a DUI checkpoint, you should be aware of your responsibilities and rights. This is especially true if you are in the state of Arizona, because they take DUI cases very seriously.  

Are DUI Checkpoints Legal and Constitutional?

Yes, they are. They let police officers lawfully stop drivers even if they do not seem suspicious. This is to prevent the occurrence of accidents or other negative consequences of DUI’s. DUI checkpoints are different from routine stops. With a routine stop, the police officer needs to have reasonable doubt that a violation has been committed. With a DUI checkpoint, such reasonable doubt is not required. This can make it truly intimidating. Unfortunately, a lot of people are not aware of their rights. So, when they get stopped at a DUI checkpoint, they panic and get confused. To help you avoid getting in trouble, you need to know and protect your rights without incriminating yourself. Here are some helpful tips:

Know your constitutional rights.

If you get stopped at a DUI checkpoint, you will be asked to show your documents. You will be asked to show your ID and driver’s license. You will also be asked certain questions. Make sure that you present these things and be honest with your answers. Know your right to remain silent. You should not feel obliged to answer unnecessary questions, such as where you are heading to or where you have been. Do not provide more information than you have to. Otherwise, you may end up incriminating yourself. Call your lawyer as soon as possible. Only speak if your lawyer tells you that it is okay to do so.

Comply with the police officers.

In addition, you may be asked to step out of your vehicle. Just comply without complaining or displaying any aggressive behavior. Otherwise, you could be brought up on charges. Always be polite and civil. Refrain from even seeming to assault the police officer. Getting stopped at a checkpoint can be a real hassle. It can put you in a foul mood, but you should always stay calm and reasonable. Speak calmly and carefully. Do not physically attack or curse at the police officer.

Use your common sense.

Yes, there are times when you are not required to do what a police officer tells you. For example, if a police officer stops you at a DUI checkpoint and says that he wants to conduct a search of your vehicle, you can refuse. You do not have to agree to this search. However, it may be a better idea to agree than to disagree, especially if you aren’t hiding anything. Just cooperate with the authorities so that the process can be over as soon as possible. Likewise, you are not obliged by the law to take a sobriety or blood alcohol content test. If a police officer stops you at a DUI checkpoint and asks you to perform a Breathalyzer test, you have the right to refuse. Then again, refusing to take such tests may also result in legal repercussions. For instance, your driver’s license could be suspended. It is best to contact your lawyer before you make a decision on whether to take or refuse any chemical test. The Law Offices of Gary L. Rohlwing provides DUI, criminal defense, and domestic violence representation in Arizona. So, if you ever get charged with a DUI, you can give him a call.

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from http://www.criminal-duiattorney.com/blog/dui/tips-about-going-through-an-arizona-dui-checkpoint/

Arizona Misdemeanor: Understanding Its Classes and Penalties

A misdemeanor charge is technically considered a “light” offense compared to a felony. However, no matter how light or insignificant you may think the offense is, a misdemeanor is still a crime that can call for serious penalties. In the US, a misdemeanor is a non-indictable criminal offense. This means that the offender cannot be detained for nearly as long as they could with an indictable offense. However, the offender can still face jail time for up to a maximum of 6 months with years of probation. Here’s what you need to learn about misdemeanors and how they’re treated in Arizona:    

Classes of Misdemeanor in Arizona

Misdemeanors are often referred to as petty or disorderly offenses. In Arizona, misdemeanor offenses fall under the following classifications:

Class 1 Misdemeanor

Class 1 Misdemeanors are considered the most serious level of misdemeanor. These offenses include:

• Assault resulting in injury
• Domestic violence
• Possession of marijuana and other drugs
• DUI (Driving Under Influence)
• Driving on a suspended license
• Prostitution
• Shoplifting or theft
• Disorderly conduct and criminal damage

  Class 2 Misdemeanors are offenses that cause less serious impact or damage:

• Assault with threats of injury
• Criminal trespassing (second degree)
• Criminal damage
• Reckless driving

  Class 3 Misdemeanors are the least severe disorderly offenses:

• Simple assault
• Criminal trespassing (third degree)
• Criminal speeding
• Loitering
• Failure to appear in court

 

Penalties for Misdemeanors in Arizona

The severity of the penalty will depend on the classification of the misdemeanor charge, and the specific type of offense committed. In Arizona, the sentence and penalties for the different classes of misdemeanor normally follow this guideline: Class 1 Misdemeanor

• Up to 6 months of jail time in local or county prison
• Up to $2,500 in fines and surcharges
• Up to 5 years of probation

  Class 2 Misdemeanor

• Up to 4 months of jail time in local or county prison
• Up to $750 in fines and surcharges
• Up to 2 years of probation

  Class 3 Misdemeanor

• Up to 1 month of jail time in local or county prison
• Up to $500 in fines and surcharges
• Up to 1 year of probation

Special Conditions for Misdemeanors in Arizona

Sometimes, a person who commits a misdemeanor can be charged with a more serious offense, such as a felony or a higher level of misdemeanor. This happens when certain “special” conditions or complexities are met. For example, an offender who was previously charged with two Class 1 misdemeanors and has committed another Class 1 misdemeanor can be charged with a felony offense due to the increased gravity of the offenses. Another example is when an offender who previously committed a Class 2 misdemeanor, commits another misdemeanor. This will more likely lead to a Class 1 sentence and penalty, depending on the gravity of the offense. The possession of illegal drugs may also call for additional penalties such as a higher fine or longer jail time. DUI charges may also be raised to a felony due to aggravating circumstances. How to Get Help When Charged with a Misdemeanor in Arizona Most of the time, a person charged with a misdemeanor in Arizona will fare better with legal assistance. This is especially true for first-time offenders and for those who are new in the state. If you have been charged with a misdemeanor in Arizona and need professional help in resolving the case, you can call the Law Offices of Gary L Rholwing at (623) 937-1692.

Arizona Misdemeanor: Understanding Its Classes and Penalties is available on http://www.criminal-duiattorney.com/blog

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(623) 937-1692

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from http://www.criminal-duiattorney.com/blog/criminal/arizona-misdemeanor-understanding-its-classes-and-penalties/

Aggravated Assault Charges Defense in Arizona

Arizona prosecutors file thousands of criminal cases every year. A lot of these cases involve assault allegations. An assault charge in Arizona may either be a felony or a misdemeanor, depending on the particular circumstances of the charge.

Elements of Assault and Aggravated Assault

The state recognizes 2 kinds of assault that don’t involve sexual elements. These are assault and aggravated assault. There are two things the prosecutor must establish to prove a crime of assault or aggravated assault: that the defendant committed the act (actus reus in Latin), and that he performed it with the necessary mind-set (mens rea). Actus reus refers to the physical action constituting a crime element. In an assault case, for instance, it may be a blow with a fist, pulling the trigger of a gun, or a stabbing motion. But, for the defendant to be guilty of the crime, the prosecution must first show that the defendant committed the crime with a guilty mind.

Assault

Except for very few situations, Arizona crimes mandate that the prosecution establish that the defendant committed the act with a certain degree of intent, knowledge, or recklessness. For instance, Arizona assault laws say that a person can be guilty of assault if he knowingly, intentionally, or recklessly caused another person to suffer a form of physical injury. A defendant who bumps into another person by accident will therefore not be guilty of assault. This is because while the other person may have sustained an injury because of the actions of the defendant, the latter did not act knowingly, intentionally, or recklessly. The criminal laws of Arizona don’t punish negligent behavior in general. Thus, even if the defendant proclaims his negligence in bumping into the victim, he would still not be found guilty of the charge.

Aggravated Assault

An aggravated assault in Arizona is similar to an assault charge, but with an additional proof supporting one or more specific facts. The following can elevate a criminal charge from assault to aggravated assault:

• The complainant sustained serious physical injury.
• There was use of a deadly weapon, which can be a felony.
• The defendant performed the alleged assault after gaining entry into the victim’s home with the intention to assault them.
• The defendant is at least 18 years old, and the alleged crime was performed against a person who is under 15 years old.
• The alleged crime was performed against a protected member of a class such as a prosecutor, police officer, teacher, or firefighter.

Are You or Any of Your Loved Ones Facing an Assault Charge in Arizona?

If you or a loved one has been arrested for the crime of assault in Arizona, it is best to get in touch with a reputable attorney right away. This way, your rights as a defendant will be safeguarded. Your lawyer can also help you strategize your defense and get the best possible result for your case. Contact the Law Offices of Gary L Rohlwing for help. Atty. Rohlwing has successfully defended hundreds of assault cases in the state of Arizona. He is also well-versed in the Arizona justice system.  

Aggravated Assault Charges Defense in Arizona was originally seen on http://www.criminal-duiattorney.com/blog/

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from http://www.criminal-duiattorney.com/blog/criminal/aggravated-assault-charges-defense-in-arizona/

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Prosecutors Requesting Data from Defendants’ Virtual Assistants

Many people like the convenience of virtual assistants like Alexa and Siri.  Unfortunately, police and prosecutors may attempt to seize recordings from suspects’ and defendants’ virtual assistants as evidence of crimes.  The following is from “Police think Alexa may have witnessed a New Hampshire double slaying—now they want Amazon to turn her over” by Meagan Flynn, The Washington Post, November 14, 2018 https://www.chicagotribune.com/news/nationworld/ct-alexa-new-hampshire-murder-witness-20181114-story.html

Prosecutors in Farmington, New Hampshire, want to use any recordings found on the defendant Timothy Verrill’s Alexa, the artificial woman who personifies the Amazon Echo virtual assistant, to see if it provides key evidence that Verrill killed Christine Sullivan and Jenna Pelligrini on January 27, 2017.  A judge has ordered Amazon to turn over any recordings the Echo device may have made from Jan. 27, the day the women were killed, until Jan. 29.

In a statement to The Post, an Amazon spokesperson indicated Amazon wouldn't be turning over the data so easily, appearing to prioritize consumer privacy as it has done in the past.

"Amazon will not release customer information without a valid and binding legal demand properly served on us," the spokesperson said. "Amazon objects to overbroad or otherwise inappropriate demands as a matter of course."

When police arrived at the crime scene on January 29, 2017, they found blood splattered on the kitchen walls and on the refrigerator, New Hampshire State Police Sergeant Strong said. It was soaked into the mattress in the upstairs bedroom, where police believe Pellegrini was stabbed 43 times.

On the night of the murder, Smoronk, the suspected drug trafficker, received a phone call from Verill in the early morning hours of Jan. 27: Verrill, Smoronk told police, was concerned Jenna Pellegrini was an informant, Foster's Daily Democrat reported.

In a matter of hours, home surveillance captured Verrill arriving at the home where in a flannel shirt and a ball cap, Strong testified during the bail hearing. Within 20 minutes, he was captured attempting to obscure the lens of three of the surveillance cameras before ultimately shutting the system down.

And over the next several days prosecutors say he made a series of suspicious trips around town, according to footage by WMUR-TV. He bought cleanup products from a Walmart. He went to go see a priest, and he had "not one, but two breakdowns that take him to the hospital," the prosecutor said.

The case recalls a 2015 Arkansas murder investigation in which a woman was found dead in a backyard hot tub the morning after the man who lived there, Nate Bates, invited friends over to watch a football game. Bates was soon charged in her death and pleaded not guilty.  Police found Alexa sitting on Bates’s kitchen counter.

Amazon initially resisted law enforcement's efforts to obtain the potential relevant recordings but ultimately relented after Bates gave permission for his Amazon Echo to be searched - but it didn't turn into the linchpin prosecutors hoped for: They dropped the charges against Bates in November 2017 after finding that the evidence, including the Echo recordings, supported more than one "reasonable explanation" for the victim's death.  

If you have been charged with a crime where virtual assistant evidence may be used against you, you need an experienced defense attorney.  Attorney Gary Rohlwing has over thirty years experience. Please call him today for a free consultation.

The post Prosecutors Requesting Data from Defendants’ Virtual Assistants Find more on: www.criminal-duiattorney.com/blog/

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from http://www.criminal-duiattorney.com/blog/law-offices-gary-rohlwing/prosecutors-requesting-data-from-defendants-virtual-assistants/

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Planet Defendant: Double Jeopardy Clause

Being charged with a crime can feel like being transported to another world called Planet Defendant.  Like all worlds, Planet Defendant has its own customs and procedures that one should learn. An important custom and procedure on Planet Defendant is called double jeopardy. The concept of double jeopardy is found in the 5th Amendment of the U.S. Constitution which states “. . . nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.”  This is commonly called the “Double Jeopardy Clause.” The Arizona Constitution also has a double jeopardy clause found in Article 2, Section 10 which states that no person shall “be twice put in jeopardy for the same offense.”  At its core, the Double Jeopardy Clause means that no one should ever be punished twice for his or her criminal conduct. The Double Jeopardy Clause tends to come up in three situations:  retrial after a not guilty verdict, multiple criminal charges or counts based on a defendant’s single course of conduct, and defendant’s conduct constitutes a violation of two different criminal statutes. The Double Jeopardy Clause prohibits the State or government from either appealing a not guilty verdict or bringing the same criminal charge against an acquitted defendant in order to obtain a guilty verdict.  For example, California and Florida could not bring new murder charges against O.J. Simpson and Casey Anthony who were found not guilty of murder. The State or government could also charge a defendant with multiple criminal charges or counts based on his or her single, uninterrupted course of conduct.  This situation can occur when multiple sex crimes are charged based on one sexual encounter or when there are multiple victims in a single encounter. The Supreme Court of Arizona recently held that Arizona’s resisting arrest statute, A.R.S. § 13-508, permits only one conviction regardless of the number of officers involved when a defendant resists an arrest in the course of a single, continuous event in State v. Jurden, 239 Ariz. 526 (2016). A violation of the Double Jeopardy Clause can occur when a person’s conduct constitutes a violation of two different criminal statutes.  See State v. Jurden, 239 Ariz. 526 ¶ 10 (2016).  This frequently comes up in the context of lesser-included offenses which are often charged along with greater-included offenses.  For example, the Arizona Court of Appeals found that child molestation pursuant to A.R.S. § 13-1410 was a lesser-included offense to the greater offense of sexual conduct with a minor pursuant to A.R.S. § 13-1405 in State v. Ortega, 220 Ariz. 320 (App. 2008). Double Jeopardy Clause analysis is very complex.  If you are charged with several crimes based on a single course of conduct, you need an experienced defense attorney to make sure that the State has not violated the Double Jeopardy Clause.  Attorney Gary Rohlwing has over thirty years experience. Call him today for a free consultation.

Planet Defendant: Double Jeopardy Clause 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

https://goo.gl/maps/vntMC15aMUG2

from http://www.criminal-duiattorney.com/blog/law-offices-gary-rohlwing/planet-defendant-double-jeopardy-clause/