Monday, February 17, 2020

Drug Charges Can Prevent You from Getting Student Financial Aid

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

TASC Diversion Program

Penalties for Drug Convictions

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

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

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

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

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

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

Proposed Changes in the Law

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

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

An Experienced Attorney Can Protect Your Rights

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

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

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

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

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692


Monday, February 10, 2020

Can Police Search Your Car at a DUI Checkpoint?

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

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

DUI Checkpoint

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

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

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

What are you required to do at a checkpoint?

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

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

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

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

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

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

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

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


The article Can Police Search Your Car at a DUI Checkpoint? is courtesy of Our Blog at

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692