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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Experienced, Compassionate Defense Attorney Now in Surprise, Arizona

Are You Looking For A DUI or Criminal Attorney In Surprise, AZ? Gary L. Rohlwing is now servicing Surprise, Arizona. Gary started his legal career as a prosecutor in the Phoenix City Prosecutor’s Office. He realized that being a defense attorney would be more challenging and that people needed to be defended properly regardless of guilt or innocence. He also realized that his experience prosecuting crimes gave him insight into how the State operates. Over thirty years ago, he decided to go from prosecuting crimes to defending them. Gary has decades of experience defending DUI, drug offenses, domestic violence, burglary, theft, fraud and manslaughter cases. He has practiced in every court located in Maricopa County. Gary is kind, compassionate, and thorough. He treats all clients and their family members with dignity and respect. He does not judge clients at all. He listens to what clients and their family members tell him about their cases. DUI, drug offenses and domestic violence cases can be complex and confusing with many legal issues that may not be apparent from simply reading the police reports. He will thoroughly investigate every potential legal issue in a client’s case. Gary knows that every client wants a quality legal defense for a reasonable fee. He charges a reasonable fixed fee for every case. Interested in learning more? Visit the Law Offices of Gary Rohlwing or call him at (623) 937-1692.   What Questions Should You ask a Potential DUI Attorney? Being charged with a DUI in Surprise, Arizona is a complicated, confusing experience. Even a misdemeanor DUI conviction can have consequences for your job, personal relationships, insurance rates, and privilege to drive. Learn about our practice areas at www.criminal-duiattorney.com/practice-areas.html   Here are some questions you should ask before hiring a DUI attorney How much experience do you have with this type of DUI? Arizona has four basic types of DUI charges: misdemeanor DUI (blood alcohol content between to and .149), misdemeanor Extreme DUI (blood alcohol content between .15 and .199), misdemeanor Super Extreme DUI (blood alcohol content .20 and above), and felony Aggravated DUI. Make sure that any attorney you are considering hiring has experience dealing with your type of DUI. An attorney who has decades of experience dealing with your type of DUI is always a better choice than an attorney with little or no experience.   How much experience do you have with MVD hearings? You will have at least one suspension of your privilege to drive as a consequence of being charged with DUI. In some cases, MVD imposes a discretionary suspension in addition to the mandatory suspension. You may be able to obtain a to and from work driving permit during your period of suspension if you make a timely request for an MVD hearing and argue the right issues before the MVD hearing officer. Many attorneys who handle DUI cases do not help clients with their MVD hearings. It is extremely difficult to represent yourself at an MVD hearing since there is hardly … Continue reading →

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Why You May Need A Domestic Violence Attorney To Represent You

Have you been accused of domestic violence? Need an attorney to help you? You may have even been arrested from a domestic violence case. While arguing with your partner or someone else in your family, neighbors could have called the police, and the person that you were originally arguing with may have filed a complaint. However, it is not illegal to argue with someone. If you believe you are innocent and have not caused harm to anyone, you need to fight for your rights. After all, you are completely innocent until the court system can prove otherwise. In fact, even if you were in a domestic dispute, you may have just been trying to protect yourself because the other person was in your face or attempting to cause bodily harm to you at that moment. You have every right to try to protect yourself if you feel like you are in some kind of danger. It is important to contact a legal professional to help you with your domestic violence case. You certainly do not want to go at it alone, especially if you do not know too much about your rights. When you do not have the legal advice, you could end up making mistakes that cost you in the long run and cause you to end up in trouble, even though you do not deserve to be in trouble. If you would like to get help immediately, consider contacting the Law Offices of Gary Rohlwing. Our office is here to guide you through the legal process and make sure that you feel as comfortable as possible during this difficult time. Even though you have been accused of something as serious as domestic violence, it does not mean that you are guilty of the crime. You should not have to receive punishment for something that you did not even do. The punishments for domestic violence will vary from case to case. However, there are few different things that you may end up having to deal with if you do not have a professional attorney by your side. For example, you may be expected to pay some expensive fines. And, the person accusing you of the violence may try to make you look bad in court so that you end up losing some valuable time with your children. Learn more about our domestic violence services and cases at www.criminal-duiattorney.com/domesticviolence.html You could have your custodial rights revoked or changed. If the judge is made to believe that you are a violent person, he or she may require you to see your children at a local visitation facility for supervised visits instead of allowing you to take them on your own. There have been plenty of cases where the individual accused of the crime ends up in jail because they were unable to properly represent themselves in court. Do not be that person who faces the repercussions because you did not have legal help. The best thing you can do is keep … Continue reading →

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Why Hire An Attorney That Was a Former Prosecutor

When people or companies get into a case, they always want to get the best representations possible. There are many attorneys out there, but people want an attorney they feel will represent them well and help them win their case. There are many different criteria people use when choosing an attorney they feel will represent them best. The criteria can be different, but the main objective is always the same, looking for one that will do their best to help them win. This is why people will spend a lot of time finding the best attorney to represent them. There are also many people who are blank on what they should be looking for when searching for an attorney. Obviously the first thing you have to do is go with an attorney who has handled similar cases in the past. There are many other factors that you can look for including the principles of the attorney. You need to have an attorney who you can trust during the entire process. One thing that many people have started to look for in an attorney is his/her past. Attorneys who have served as prosecutors in the past stands a better chance. This is because people are looking for people who can look at the case from two different points of view. This can largely help the case because they know how to present and counter evidence. A prosecutor is an attorney who is usually tasked to determine the type of charges to be filed against an individual accused of a crime and then proceeds to try the case in front of a judge or a grand jury. Prosecutors are usually supervised by The District Attorney who is usually elected by the residents. A prosecutor usually has tried cases from both sides of the court, giving a better understanding of how the trial process works. He/she know how the prosecution gathers related evidence, decisions on what charges to file and the building the case to proceed to trial. When the attorney knows this process, he/she knows where the prosecution is weak and this will in turn strengthen the case. Many of the former prosecutors have knowledge on how far the D.A may be pushed. The first plea is usually not accepted because there are better terms that can be agreed on. Having the knowledge on how the other side thinks will be a big advantage. This is important because this can make the sentencing or the judgment more lenient on you. In addition to knowing what the prosecution is thinking, a former prosecutor must have gone through the heavy load balance in the past. Defense attorneys usually have the number of cases that is brought to them. On the other hand, prosecutors have many cases brought to them by the state and most of the time can come a lot of cases at once. Due to this, they usually have no enough time to dig deep inside a case like the private attorneys. … Continue reading →

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