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.

The blog post Obtaining Affirmative Defenses for DUI Charges in Arizona is available on Law Office of Gary L. 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/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

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/how-is-it-possible-to-have-drug-related-cases-dismissed/