Defining Domestic Violence in the State of Arizona

Unlike what many people think, domestic violence isn’t the title of an actual crime in the State of Arizona. It is a term used when criminal charges are alleged for an individual who commits a crime against someone with whom they are in a domestic relationship. A charge of domestic violence may apply to former partners, as well as those who are only dating and even certain family members. Domestic violence in Arizona is explained through Statutes 13-3601.

 

Crimes that Fall Under Domestic Violence

Following are crimes that may constitute domestic violence:

• Harassment
• Verbal and physical assault
• Sexual assault of a minor
• Child abuse
• Violation of a restraining or protection order
• Physical or sexual battery
• Murder
• Kidnapping
• Abuse of the elderly

There are cases when simple arguments lead to shouting and verbal assault. If this happens, you can call the cops to intervene. This is because, when things get out of control, people can make impulsive decisions spurred by anger, jealousy, and rage. The victim can then file a case for domestic violence.

Dropping a Domestic Violence Charge

Now, what will happen if the victim changes his/her mind, and no longer wants to pursue the case? Having charges dropped won’t be easy. In Arizona, prosecutors can continue to try a case, even if the alleged victim decides not to follow through with the charges themselves.

Arizona prosecutors presume that people who file domestic violence charges against another person are victims. But this is isn’t the case all the time. In some instances, people press charges for the crime even when no violence actually happened.

A lot of the alleged victims may then attempt to drop the charges they filed only a few hours earlier – only to find that they can’t. They may have made a rash decision due to hurt, anger, or other overwhelming emotions. However, Arizona prosecutors are trying to protect those victims who brought a legitimate charge of domestic violence against someone they are afraid of or who they have strong feelings for. These victims may decide to drop charges so as to not make the life of the accused difficult or because they are convinced by them or intimidated into dropping charges.

The state of Arizona is vigilant against people accused of domestic violence, as well as those who claim to be victims then try to drop the case later.

Grounds for Dismissal of a Domestic Violence Case in Arizona

A charge for domestic violence may be dismissed if admissible evidence is lacking. The prosecution must prove beyond a reasonable doubt that the defendant actually committed the crime. If there is insufficient evidence to prove the accused party’s guilt, the prosecution may then decide to have the charges dropped and avoid a verdict of not guilty.

Uncooperative Witness

If the victim wants to drop the charges, dismissal of the case doesn’t follow right away. Even if the alleged victim refuses to testify, the case can still progress. But, a victim who changes or recants their story will make it more difficult for prosecutors to win the case.

A person is deemed to be an uncooperative witness if they cannot recall some facts about the incident, fail to make themselves available in depositions, or downplay the incident’s impact. A victim may be deemed uncooperative even if they only act this way out of fear, guilt, or embarrassment.

Importance of a Domestic Violence Lawyer

Domestic laws in Arizona can be more complicated than in other states. Thus, it is important that you consult with an experienced and reputable defense lawyer when facing a domestic violence charge. The Law Offices of Gary L. Rohlwing can help you get the best possible results. Atty. Rohlwing can assess your specific case, examine all the facts, and come up with the best strategy for your defense. Gary Rohlwing provides domestic violence defense representation in Glendale, Surprise and Avondale.

Defining Domestic Violence in the State of Arizona Read more on: http://www.criminal-duiattorney.com/blog/

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/criminal-defense/domestic-violence/defining-in-the-state-of-arizona/

Can Cannabidiol (CBD) Cause a DUI Offense in AZ?

Cannabidiol is a non-intoxicating compound that is derived from hemp or marijuana. In many places, it is considered to have potential medicinal benefits.  It’s considered a viable treatment option for illnesses such as arthritis, epilepsy, anxiety disorders, and Alzheimer’s disease.

In general, it does not cause DUI offenses because it does not impair a person’s ability to drive. In fact, it’s the THC in marijuana that alters one’s state of mind, not CBD. However, due to state laws, people in Arizona should still avoid using this compound before or while driving.

Is CBD Legal?

Yes, it is. It was first legalized when the 2014 federal farm bill approved the legalization of hemp cultivation. Arizona also passed the Arizona Medical Marijuana Act (AMMA), which legalized the use of medical marijuana in 2010.

The Food and Drug Administration (FDA) has also approved Epidiolex, a CBD-based medication. In addition, despite the push-back from prosecutors on marijuana extracts, state judges have still ruled in favor of such extracts.

Judge Katherine Cooper ruled in favor of marijuana extracts in March 2014. Judge Dale Nielson initially ruled against these extracts; however, he changed his decision in March 2018.

The Connection of CBD to DUI Offenses

Even though CBD is legal and using it will not cause you to hallucinate or impair your ability to drive, you should still refrain from using it if you are about to get behind the wheel. According to Arizona state law, it’s illegal to drive if you have the drug in your body, under Title 13-3401. Therefore, CBD and other resins extracted from cannabis can result in a DWI offense.

Nevertheless, you can still create products from cannabis stalks. These products are not regarded as cannabis by Title 13-3401. Because of this, it is quite difficult for consumers and law enforcers to identify which part of the cannabis plant such products were created from.

What if you take a drug test? Will they find CBD? If you get stopped and are suspected of DUI by a police officer, you will be given a drug or alcohol test. Your saliva and blood will be tested for traces of THC, not CBD. Hence, CBD will not show up on your drug test.

Then again, if you ingest large doses of CBD oil, your test may still show a false-positive result. Nevertheless, further testing should show you to be negative for the drug they are actually testing for. The US Drug Test Center states that CBD by itself is not powerful enough to bring about drug test red flags.

With this being said, you can use CBD safely and legally. It will not cause problems with the law. It will not make you intoxicated. More importantly, it will not have any effect on your driving ability. It can even improve your general well-being and alertness.

Then again, for best results, you should refrain from using CBD if you know that you have to drive somewhere. If you are using marijuana, you should probably wait until your system is clear of THC and CBD before you go out. If you ever need to get legal assistance, you can call the law offices of Gary L. Rohlwing; we provide DUI, criminal defense, and domestic violence representation all over Arizona.

The following article Can Cannabidiol (CBD) Cause a DUI Offense in AZ? Read more on: http://www.criminal-duiattorney.com/blog/

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/dui-defense/misdemeanor/what-charges-can-cannabidiol-cbd-cause-in-az/

What You Need to Know About False or Unlawful Imprisonment

False or unlawful imprisonment is a serious offence in Arizona, with correspondingly severe penalties. It is defined as knowingly and illegally detaining or restraining another individual without license or warrant.

For instance, let’s say you were in an argument with your boyfriend or girlfriend and they wanted to leave. Not ready to end the conversation, you took their bag or car keys to prevent them from leaving; this act can be considered unlawful imprisonment.

You don’t even need to commit a physical activity in order to be charged. Verbally threatening a person with harm if they leave may be enough to constitute unlawful imprisonment. It is up to the judge and the prosecutor to determine if a person should be charged with this offence.

What distinguishes unlawful imprisonment from kidnapping is the intent behind the offence. With unlawful imprisonment, there is not necessarily malice when you detained someone. However, even if you detained the person for what you believe are positive reasons, with no intent to harm them, you can still be charged with this offence. On the other hand, in a kidnapping, the perpetrators knowingly detained a victim with a certain degree of malice.

Penalties

Unlawful imprisonment is classified under Arizona law as a Class 6 felony. Class 6 felonies are considered the least serious offences and have the lightest penalties.

For this class of felony, the minimum sentence is one year in prison and two years for aggravated offences. If you are a first offender, however, you may spend only six months in prison. The judge may even choose to downgrade the charges to a class 1 misdemeanor, depending on the circumstances of the case.

For instance, if the perpetrator releases the victim in a safe environment and a secure fashion before the police arrive, the offence can be downgraded to a misdemeanor. Misdemeanors qualify to be expunged from your criminal record once you have completed your sentence and met other requirements.

However, if violence is involved, then the offence becomes more serious. You may be sentenced to longer jail times in addition to fines and other penalties the judge deems appropriate, such as anger management classes.

Potential Defense Against Unlawful Imprisonment

If you are charged with unlawful imprisonment, your lawyer will try to invoke one of the affirmative defenses included in the statute. These defenses mean that the defendant cannot be convicted of the offence even if they fulfill every other element. For instance, if you are a family member resuming legal custody by using force, under the majority of circumstances you are considered not guilty.

An unlawful imprisonment charge should not be taken lightly. You need the services of an experienced criminal attorney to defend you.

Attorney Gary L. Rohlwing practices in criminal defense and provides representation to Glendale, Phoenix, Peoria and Surprise residents. He has been a licensed attorney in Arizona for over 35 years and has handled over 3500 cases as the attorney of record. He is also a former Peoria and Phoenix prosecutor.

If you or someone you love has been charged with illegal imprisonment, call the Law Offices of Gary L. Rohlwing at (623) 937-1692 to schedule a free initial consultation.

What You Need to Know About False or Unlawful Imprisonment was originally published on http://www.criminal-duiattorney.com/blog/

Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/criminal-defense/felonies/what-you-need-to-know-about-false-or-unlawful-imprisonment/