azcrimlaw

[azcrimlaw]

Examining the Costs of a DUI

If a driver receives a DUI charge, the total costs may exceed several thousand dollars. In Arizona, the legal system often requires those convicted of this to pay a large fine, a public fund safety fee, an ignition interlock device, and a license reinstatement fee. And there are fees if the police officer impounds your vehicle.

What are some of the Fines?

The base court fine and surcharges could be almost $2000 and a DUI assessment of another $250. The fees do not stop there. The court imposes other mandatory fees.  There is the Arizona Department of Public Safety Equipment fund assessment, which is up to $1250 and the Prison assessment which is also up to $1250.  These fees are allocated to multiple types of government projects meant to increase the safety of the roads, reduce potholes, improve the quality of traffic signs, and oversee construction projects.

What are Additional Costs to Consider?

A court is required to also charge for the cost of going to jail.  The city recuperates the cost of sending you to jail, since the city bears the ultimate cost of your imprisonment.  That is one cost, the court can waive, in whole or in part.

Towing the Vehicle

Once a police officer administers a sobriety test, they can utilize a breathalyzer, and this device will quickly evaluate the blood alcohol level of the motorist. If the motorist is intoxicated, the police officer may impound their vehicle. While the city imposes a standardized cost for the towing company and storage fees, one can be looking at least a few hundred dollars to get your vehicle out of impound. The impound lot charges per day for storage and, before the local company releases the vehicle, the driver must pay the total costs of these services.

Estimating the Costs of Necessary Classes

A DUI conviction will require mandatory alcohol or drug classes and the court will order you to pay for and attend them.  The idea is that the classes will teach you about the errors of drinking and driving.  You will be required to go for a screening and the screener will determine how many classes you must attend to satisfy the court. So when a motorist estimates the cost of a DUI in Arizona, they should need to consider the prices of the classes that may be required for them to recover their license. The screening, education and treatment can cost several hundred dollars, depending on the number of hours imposed.  The minimum number of hours for the education and treatment in Arizona starts at 16 hours and can go up to 36 hours, at a State certified facility.

Installing an Ignition Interlock Device

The Arizona Motor Vehicle Department will also require the motorist to have an ignition interlock device installed. The court may also order an ignition interlock device in order to allow you to reduce the jail time. This product contains an innovative breathalyzer that will quickly evaluate the blood alcohol level of the driver before they are able to start their vehicle and while they are driving the vehicle. If there is any alcohol detected, the product will temporarily deactivate ignition. Several reports have suggested that the products may reduce the risk of accidents by more than 23%.

The driver must pay for the ignition interlock device and, usually, the product will cost approximately $900 for the required year obligation.

Reinstating Your Driver's License

The Motor Vehicle Department may suspend  or even revoke a driver's license, depending on the DUI offense.  The motorist must pay a reinstatement before the license is returned.  If the license is revoked, the driver must complete an investigation packet and obtain proof of Future Financial Responsibility, also known as a SR-22, which will increase your insurance rates. Fortunately, the Arizona Department of Transportation has created a website that can help you to reinstate your driver's license online. License Revocation and Suspension | ADOT (azdot.gov)

Increasing the Costs of Car Insurance

Once there is a DUI conviction on the driver’s record, the driver’s insurance company may find it and could quickly raise the costs for auto insurance, or may even drop the customer’s insurance coverage altogether. If the driver keeps the insurance plan, the business could increase their annual costs by more than $1,000. Typically, the insurance company will augment the monthly costs for at least four years.

Contacting an Experienced Attorney and Evaluating the Costs of the Services

A DUI Criminal Defense attorney can fight the DUI charges.  The attorney will evaluate the police investigation, interview witnesses, review the officer body cameras and the blood alcohol test to fight the case. When you are ready to schedule a free consultation, you should call Robert A. Dodell, Attorney at Law, at 480-860-4321, or submit a request via our contact form that is located on our website.

The post Examining the Costs of a DUI is courtesy of Law Offices of Robert Dodell

[azcrimlaw]

How Long Does a DUI Stay on Your Arizona Record?

No matter where you live, being convicted for driving under the influence (DUI) is a serious matter. It can have profound and life-changing effects for everyone involved in the incident. But, for most people, a DUI is a result of an inadvertent lapse in judgment, not a long-term pattern of behavior.

For that reason, it's not unusual for someone with a DUI conviction to wonder how long it will stay on their record. It's one of the most common DUI questions lawyers receive and the rules surrounding this subject vary from state to state. In some states, a DUI will automatically drop off of your record after a set amount of time, provided you don't re-offend. But here in Arizona, that's not the case. A DUI here stays on your record for good.

But that's also not all there is to it. A DUI on your record in Arizona won't have practical effects forever. And you can apply for relief to speed up the process under certain circumstances. Here's an overview of the rules surrounding DUI convictions in Arizona.

The Effect of a First DUI Conviction in Arizona

Here in Arizona, a first-time DUI can come with some significant penalties. These include:

A minimum of 24 hours in jail and a maximum 6-month sentence

A fine between $250 and $2,500, not including the multiple surcharges and fees

A suspended license for up to one year

Probation up to 3 years

A requirement to use an ignition interlock device

But even after all of that, a DUI can have longer-lasting effects. This is because the conviction won't drop off of your record, no matter how long you wait. That means it will show up on a background check, potentially making it harder to secure employment.

There is, however, a look back period of 7 years in Arizona. This means that, if you end up with another DUI charge within seven years of the first, it will be treated as a second offense. If this happens after seven years, it would be treated as though the first conviction hadn't happened.

But that only saves you from potential problems in the eyes of the law after sufficient time has passed. And, although there's no way to remove a DUI from your record entirely, there is a way that you can apply for some meaningful relief.

A DUI Set Aside

Although the courts in Arizona are powerless to expunge a DUI from your record completely, they do offer the possibility of what is known as a set aside. After your DUI case closes, you may petition the court for a set aside by filing the appropriate paperwork. There's no filing fee and no waiting period before you can do so.

After receiving your petition, the court may schedule a hearing to weigh your request. At the hearing, the court will consider:

Your compliance with probation and all other terms imposed after conviction

Your prior criminal history, if any

The specifics of the case that led to your DUI

Your age

If the court determines that you meet the conditions to receive a set aside, the request will be granted. It won't remove the conviction from your record; it will, instead, add the fact that the court has granted you relief. This means that, for all intents and purposes, the court has agreed that you've paid your debt to society.

Improving Your Odds of a Set Aside

Although it is possible to navigate the process of securing a set aside on your own, it's not advisable. Just as you needed a DUI lawyer to mount a competent legal defense at the time of your initial DUI hearing, you'll need one to increase your chance of getting the relief you have requested.

This is because an experienced DUI attorney will be able to let you know what should be presented to the court to increase the chances of success, as well as advise you on the factors the court will consider.  

If the court won't grant your set aside, an attorney can assist by filing a motion to reconsider with the court. In the motion, they can provide additional details that the court may have overlooked when deciding on your petition the first time around.

A DUI is no small thing, and you should do everything you can to avoid one. Because, once you've been charged and convicted, there are few options to improve your situation. Your first step should be to contact Robert A. Dodell, Attorney at Law. As a former prosecutor, he knows exactly what it takes to mount a successful legal defense in Arizona and he'll do everything possible to make sure a single lapse in judgment does not come to define the rest of your life.

  The following post How Long Does a DUI Stay on Your Arizona Record? was first seen on call Robert A. Dodell at (480) 860-4321

[azcrimlaw]

Dangerous Crimes in Arizona Have Serious Legal Consequences

Arizona increases punishments for crimes that endanger other people. State statutes classify these offenses as dangerous crimes; this includes any offense that involves using, or threatening to use, a dangerous weapon or instrument. Even if the perpetrator doesn't use any type of object, an offense can still qualify for this classification if the offender intentionally causes serious physical harm to another person.

Legal Consequences of Dangerous Crimes

If a criminal offense qualifies as a dangerous crime, Arizona law extends the presumptive sentence for the crime, without priors, 1.25 to 5.5 years. This penalty is in addition to the sentence for a similar, non-dangerous crime. It also mandates that the perpetrator must serve time in prison, even for a first-time offense.

Elements of a Dangerous Crime

Elements of a crime are the things that the state must prove to get a conviction. For a dangerous crime to exist, the defendant's behavior must be:

Intentionally;

Knowingly; or

Recklessly

Failing to prove any of these elements to the ‘beyond a reasonable doubt’ standard will prevent the court from applying the dangerous crime classification.

What Qualifies as a Deadly Weapon or Dangerous Instrument?

A deadly weapon includes anything designed to cause death or great bodily harm. A dangerous instrument could be almost any object that can cause severe physical injury. Since a car frequently qualifies as a dangerous instrument, many traffic incidents can meet this standard.

Typical Dangerous Crimes

Aggravated Assault

Manslaughter

Kidnapping

Armed Robbery

Aggravated assault becomes dangerous under Arizona law if the offender uses a deadly weapon or dangerous instrument. This offense can include threatening another person with a weapon or causing serious physical harm. Sentences are all significantly enhanced by the dangerousness classification.

Manslaughter is recklessly causing the death of another person. The most common way manslaughter is elevated to dangerousness is when a drunk driver causes another person's death in a traffic accident. The prosecution must show that the defendant performed an action that he or she knew created a substantial risk of death for another person and ignored that risk. Sentences range from 7 to 21 years with a dangerous classification.

Kidnapping doesn't just mean tying someone up and demanding ransom. It also includes restraining another person while committing a felony. If the perpetrator limits the victim's freedom by threatening them with a deadly weapon or dangerous instrument, the offense can become a dangerous crime. Sentences range from 7 to 21 years with a dangerous classification.

Armed robbery occurs when an offender threatens another person with a deadly weapon to compel them to surrender their property. This offense almost always will qualify as a dangerous crime since it includes the use of a deadly weapon. Sentences range from 7 to 21 years with a dangerous classification.

Defending Dangerous Crime Charges

Being charged with a dangerous crime puts the defendant in serious legal jeopardy, especially since prison is mandated on a first offense. However, there are many ways that an experienced criminal lawyer can defend against the dangerous crime classification. For example, a common defense strategy is to contest the evidence that establishes the dangerous nature of the crime. Another way is a plea resolution with the State where the State dismissed the dangerousness allegation. Dismissing the dangerous crime allegation is a key goal for any criminal defense attorney. Probation becomes possible in many situations when the crime cannot be termed ‘dangerous’. Even if avoiding prison is impossible, eliminating the dangerous designation will reduce the sentence.

Seek Advice from an Arizona Criminal Defense Attorney

This brief overview shows that there are many possible legal issues involved in any Arizona dangerous crime case. Did the defendant carry out his or her actions with intent, knowledge, or recklessness? Does the object used by the defendant qualify as a dangerous instrument? Did the defendant intend to cause serious harm to a person? If you have been charged with a dangerous crime or have any further questions about Arizona criminal law, please contact Robert A. Dodell, Attorney at Law. Robert's 30 years of experience can help you devise the best legal strategy to handle any Arizona criminal case.

The post Dangerous Crimes in Arizona Have Serious Legal Consequences is republished from (www.azcrimlaw.com) Robert Dodell

[azcrimlaw]

Can Drug Charges Affect Financial Aid?

Even as some drug use (mostly cannabis) becomes more acceptable in society at large, serious consequences still loom large for those convicted of a drug crime. Even if you avoid prison time, having a drug conviction on your record can inhibit your ability to make a better future for yourself.

This is true in many facets of life, including qualifying for financial aid and funding your education.

Pell Grants and Federal Loans

Even if you were convicted of this drug offence, you are not automatically ineligible to receive a Pell grant. There is, however, a period of ineligibility for federal Pell grants and student loans following a drug conviction. The length of ineligibility depends on the nature of the crime and whether this is the first offence:

Possession of Illegal Drugs

First Offense: 1 Year of Ineligibility Second Offense: 2 Years of Ineligibility Third Offense: Indefinite Ineligibility

Sale of Illegal Drugs

First Offense: 2 Years of Ineligibility Second Offense: Indefinite Ineligibility

Applying for Financial Aid with a Past Drug Conviction

Supposing you are past the period of ineligibility associated with your conviction, you will once again be eligible for federal financial aid, but you still have to disclose your conviction. It will only get you into more trouble if you lie about it. FAFSA applications are checked against a national database of drug convictions.

Question 23 of the FAFSA asks whether you have any drug convictions in your past. This is the question that is most likely to get you disqualified for financial aid. Upon answering yes, you will be provided with a worksheet to determine your eligibility. If you are unsure how to answer this question, you can ask a financial aid officer at your prospective school for help.

Regaining Eligibility Early

It is possible to regain eligibility for financial aid early if you complete a rehabilitation program that meets certain requirements. The program has to qualify for government funding, be administered by a hospital, clinic, or medical professional, and have two random drug tests throughout the program.

Being Convicted of a Drug Offense After Submitting the FAFSA

The situation is a bit more complicated for students already receiving financial aid when you receive a conviction for a drug crime. After your conviction, you will have to pay back any federal financial aid you have received, even if you have already spent it. Not to mention, you will still remain ineligible for financial aid for the typical time period, which tends to be more disruptive after you already began your studies.

Education Tax Credits

The American Opportunity Tax Credit is a tax credit of up to $4,000, with $1,000 of it being refundable. The tax credit; it is meant to benefit middle-income families who do not qualify for Pell grants. Conviction of a felony drug offense permanently disqualifies one from this credit.

However, students and the parents of students with felony drug convictions can still claim the Lifetime Learning Credit; the credit is simply a bit smaller.

Institutional Aid

Even if you are ineligible for federal financial aid or loans, you might be eligible for merit or need-based aid from your college or university. That being said, many colleges have similar restrictions to the federal government when it comes to awarding need-based aid and recent drug convictions may make the student a less attractive candidate for merit scholarships.

What to Do If You’ve Been Accused

If you have been accused of any drug crime, call Robert A. Dodell, Attorney at Law, right now. Even a minor drug offense can loom over you years down the line. Having an Arizona lawyer experienced in criminal defense on your side will help you get through the process and secure a better future.

It’s always better to hire a drug charge defense lawyer as soon as you are aware you stand accused. Drug charges are investigated and prosecuted aggressively by law enforcement, who take these cases very seriously. You must take it seriously too, by hiring a lawyer like Robert A. Dodell, who will defend you and your rights.

The following post Can Drug Charges Affect Financial Aid? is republished from https://www.azcrimlaw.com/blog/

[azcrimlaw]

Appealing a Criminal Case in Arizona

When a person in Arizona has been convicted of a crime, it doesn't mean the battle to prove their innocence is over. There are still things that can be done to challenge a court's decision. A successful criminal defence could involve using the criminal appeals process. A person's criminal case can be reviewed one or more times during the appeal process. This only happens in Arizona when a person has been convicted of a crime. Any other type of verdict can't be challenged and is considered to be final. During this time, omissions and errors that occurred during the criminal trial can be identified. This could lead to a different outcome.

What are Your Appeal Options?

A defendant who wants to challenge their conviction has many options available to them. Once a sentence has been produced, a defendant has up to 20 days to file a direct appeal. A Notice of Appeal can be submitted by an Arizona lawyer. This needs to be followed by an Opening Brief. Government prosecutors have a right to respond to the appeal. All the information that has been gathered by both sides will be submitted to the court of appeal judges.

Arizona Appellate Court and Original Ruling

In Arizona, once a defendant files an appeal with an appellate court, there are four different outcomes that could occur. *The lower court's conviction could be affirmed. *The lower court's conviction could be affirmed, but modifications to the sentence could be made. *The lower court's conviction could be reversed, and a new trial could be ordered for the defendant. *The lower court's conviction could be reversed, and a defendant could be acquitted of all charges.

Relief Petition and Habeas Corpus

Whenever new evidence for a case comes to be known, or if a defendant claims ineffective assistance of counsel, they can submit a post-conviction relief petition. Once a defendant has exhausted all of their options, they will have one final legal option. They can file a petition for a writ of Habeas Corpus. It is common for this appeal to be filed with the nearest US District Court.

This appeal is often filed on behalf of prisoners who want to challenge their incarceration. This type of appeal is often used when there is any perceived violation of a prisoner's constitutional rights.

Grounds for Appealing

A criminal defence attorney should be able to provide an adequate and important reason to appeal a court decision. In Arizona, there are a few reasons a court may grant an appeal. One is the inadequacy of the defendant's attorney and how their case was handled during their first court trial.

A defendant can also file an appeal if they believe members of the jury, or the judge in their case, did not handle their case adequately. This could also be a situation involving a procedural error. It’s possible to file an appeal based on new evidence which may negate the evidence that was presented during their trial.

Hearings

All the information in an appeal is presented to the panel of appellate judges in written form. There could be a few hearings scheduled to handle the appeal. In Arizona, there is one main difference between the criminal appeals process and criminal proceedings. The appeal panel will not go through the entire previous hearing. Their focus will be on any violations as well as omissions that occurred during the case.

Arizona Appellate Courts

Arizona is one of the states with two appellate courts. One is the court of appeals and the other is the Arizona Supreme Court. The Arizona Supreme Court is the last option for someone with a criminal conviction. Its decision can't be overturned by any other judicial authority.

Another Guilty Verdict

Even if a defendant's previous sentence is modified, and evidence happens to be dropped, a guilty verdict could remain in place. There may be illegally obtained evidence that can be removed from a case, but there is often new evidence or the remaining evidence that may be enough to keep a verdict.

The consequences of a person in Arizona being convicted of committing a misdemeanour or felony can be very serious and long-lasting. It’s important that, when a person is charged with a crime, they speak with a criminal attorney. Robert A. Dodell, Attorney at Law, is knowledgeable and experienced. He is known for fighting for his client's rights and making certain their rights are respected during the entire appeals process. Contact him today if you are looking for a defence attorney.

The following blog post Appealing a Criminal Case in Arizona Find more on: call Robert A. Dodell at (480) 860-4321

[azcrimlaw]

How to Help Your Criminal Defense Attorney Win Your Case

The Arizona lawyer that you choose is one of the main factors that will affect the outcome of your case. However, you will have to do your part to help your attorney. You can do the following things to help your attorney.

Choose the Right Attorney

First and foremost, you need to choose the right attorney for your case. Criminal law can be difficult to understand. This is why you need to consider the following when looking for an attorney.

Practice extensively in criminal law

Responsive to the messages that you send

Enthusiastic

Has flexibility

Do Not Say the Wrong Things to the Police

Saying the wrong thing to the police can greatly decrease your chances of winning your case. You don't want to admit to what you have done, even if you are guilty of it. This can cause you to end up in more trouble. You also don’t want to lie. It’s best to avoid saying anything until you’ve spoken to the criminal attorney.

Write Down All of the Details About Your Case

Judges and juries rely on evidence in order to decide the verdict in a case. This is why you should write down all of the important details about the case before you meet with the attorney. You need to indicate that these notes are for your lawyer, in order that the attorney / client privilege applies. Everything should be written in chronological order. If there are any witnesses, then you should write down what you think their statements will contain.

Be Honest with Your Attorney

You have to be honest when you are speaking with an attorney. This will make it easier for the attorney to decide which direction to take with your case. Even if all of the facts about the case do not portray you in the best light, it’s still within your best interest to tell your attorney the truth. Being caught out in a lie in court will be much worse than anything your attorney will think about you.

If you have a criminal history, then you should also let your attorney know that, as well. Pre-existing criminal records can affect the case that you are dealing with now.

Let Your Attorney Take Care of Your Case

You may want to help your attorney with your case. However, it’s important to remember that your attorney is a professional. If they are experienced, then they have seen many cases that are like yours. They also know how to fight your case and they know how to negotiate your case. That’s why it is best for you to sit back and let them handle things for you.

Answer Your Attorney's Questions

Your attorney will ask you plenty of questions about your case. The purpose of the questions is to help them better understand every angle of the case. It’s important to remember that all of the information you give your attorney will be kept confidential.

If you are in need of a criminal defense attorney, then you can call Robert A. Dodell, Attorney at Law. We will make sure that you have a fighting chance in court.

The article How to Help Your Criminal Defense Attorney Win Your Case Read more on: Robert Dodell Attorney at Law call 480.860.4321

[azcrimlaw]

What are the Consequences of Driving on a Suspended License in Arizona?

Driving is considered a privilege and not a right. That is why you can lose your driving privileges for a variety of reasons. For example, if you are caught driving under the influence, if you do not pay court-ordered fines, reckless driving, automobile homicide, and felonies can all cause you to lose your license.

If you are caught driving on a suspended license, then it is a good idea for you to call a criminal attorney. There are many negative consequences that can result if you are caught driving.

Penalties for Driving on a Suspended License

Driving on a suspended license is considered a Class 1 misdemeanor in the state of Arizona. While there is no mandatory minimum fine, the maximum penalty is up to six months in jail.  While that is unlikely, prosecutors frequently recommend a day or more in jail, especially if you have prior convictions for driving on a suspended license.  You may also be charged a fine of up to $2500 plus surcharges. Additionally, you may be put on probation for up to three years and ordered to do community service.

There is a possibility that the judge will add on to your suspension time. Your vehicle may also be impounded for 30 days.

Defences That Can Be Used for Driving on a Suspended License

One of the reasons that you should hire a criminal lawyer is because they can help you make a valid defence. In fact, it is possible for you to avoid getting punished at all. Here are some valid defenses your lawyer might help you make to the court.

You Didn't Know Your License Was Suspended

An Arizona criminal attorney can argue that you did not even know that your license was suspended. The State has to prove you were notified of the suspension.  The Department of Motor Vehicles has to tell you that your license has been suspended.

If you did not get the notification in the mail because you moved, but you did not provide MVD with your new address, then this defense will not work as it is your obligation to notify MVD of the address change within 10 days of moving.

However, if you were not properly notified, then you cannot be held responsible for driving on a suspended license.

Your License Should Have Not Been Suspended

Mistakes happen all the time. You cannot be held responsible if your license was suspended in error.

For example, you paid a fine that you were required to. However, the Department of Motor Vehicles suspends your payments because they didn’t document it properly. This is not something that you can be held responsible for.

Your attorney can review the circumstances of your case. They may then choose to argue to the court that your license should have never been suspended.

You Had an Emergency

Driving in an emergency is not a legal defense, but a legitimate emergency may mitigate the penalty from the court. Your attorney can convince the judge that you were in an emergency situation and had to drive. The judge can use their own discretion to determine whether you should get a lighter punishment.

Mitigating the Damage

Often, the suspension is due to a nonpayment of a traffic fine to the court.  The court had notified MVD that you failed to pay the traffic fine and MVD suspended your license as a result.  If you take the steps needed to correct or remove the suspension, the courts and prosecutors are more willing to reduce the penalties on this offense.

Whatever your case, it is important to get in touch with an experienced criminal defense attorney who can help you with this charge. Contact Robert A. Dodell, Attorney at Law, for a free initial consultation to discuss your case.

  The article What are the Consequences of Driving on a Suspended License in Arizona? is republished from (Robert A. Dodell, Attorney At Law)

[azcrimlaw]

Common DUI Offenses in Arizona

In Arizona, you can be charged with a DUI any time you drive under the influence of alcohol or drugs. It is considered a DUI if you have a blood alcohol concentration of 0.08% or higher and it’s a punishable offense because of the incredible damage you could cause if you were to get into an accident. If pulled over for DUI, you may need to go through a driving while intoxicated evaluation, which could include blood or urine tests. The officers can use this to determine your blood alcohol level and present the results in court as evidence. To keep you and other road users safe, it's always a good idea to have a designated driver whenever you are out drinking.

What are the Most Common DUI Charges in Arizona?

If you are charged with a DUI, you should speak with a DUI lawyer to get the best possible outcome. The penalties for DUI charges include mandatory jail time and suspension of your license. In Arizona, it’s illegal not only if you have alcohol or drugs in your system when you are pulled over, but also if you are found to have alcohol in your system within two hours after driving or “being in control of a vehicle”. This might mean that you were asleep behind the wheel; if you have the keys, are in a position to drive the vehicle, and are drunk, then you could end up in a lot of trouble. These are some of the common DUI offenses in Arizona.

First Offense DUI

Even your first DUI is not a matter to be taken lightly. This is the most common offense and, if you are convicted, it will result in mandatory jail time and a mandatory fine for even first offenders. The length of the mandatory minimum sentence depends on the blood alcohol concentration, which means the actual sentence can far exceed the minimum. The Motor Vehicle Department will suspend your license for up to one year, depending on the alcohol concentration. Even as a first-time offender, you could gain a lot by contacting a DUI lawyer such as Robert A. Dodell to help you navigate these complex laws.

Second Offense DUI

For second offenders (offenders with a prior DUI within the prior 7 years), the mandatory jail time is increased as well as the fines. The length of the mandatory minimum sentence depends on the blood alcohol concentration, which means the actual sentence can far exceed the minimum. The Motor Vehicle Department will revoke your license for up to one year with a second offense. Contact a lawyer immediately if you face this reality so that you can have all the best options when fighting this offense.

Aggravated DUI

An Aggravated DUI charge is a felony and requires prison time, if convicted. You can be subjected to felony penalties if (1) you are driving while your driver's license was restricted, suspended, revoked or canceled; (2) if convicted of a third DUI, with a valid license, within 72 months from the first violation; (3) driving under the influence when an ignition interlock is required; (4) driving under the influence on the wrong side of the highway; or (5) driving under the influence with a child, under 15 years of age, in your car.

To better understand your legal standing in these complex cases, you need a lawyer to handle your case. You need to contact a DUI attorney immediately if you face any DUI charges. You need to contact an attorney immediately because this is a serious charge that could lead to jail or prison time, fines, and driver's license suspension.

The following post Common DUI Offenses in Arizona Find more on: Robert Dodell Attorney at Law

[azcrimlaw]

Tips for Preparing Your Defense with Help from Your Criminal Lawyer

What You Should Do to Prepare for Your Criminal Case

If you have a criminal case, then it’s important for you to hire an attorney. A good attorney will greatly increase your chances of winning your case. However, it is also important for you to prepare to meet with your criminal attorney. Here are some things that you can do to help your attorney.

Avoid Posting Anything on Social Media

Posting about your case on social media is one of the worst things that you can do. You never know who may be watching your social media account after you’ve been charged with a crime, and they may try to use anything that you say against you. Don’t say anything about your charges, arrest, or the case. You may also want to avoid liking posts, checking into certain places, and writing comments. Criminal investigators are known for looking at people's social media accounts

Keep in mind that putting your page in a private mode will not necessarily help you. Your family members and friends can screenshot what you put on your page and share it with other people. It may actually be best for you to deactivate your social media until your case is over.

Prepare to Answer Questions From Your Attorney

The goal of an attorney is to get as much information about your case as possible so that they can see how they can best help you. They may ask you some of the following questions.

Was there anyone else involved in the alleged crime?

Where were you arrested?

What did the police officers tell you when they were arresting you?

What happened before, during, and after the arrest?

How did the officers treat you when they were arresting you?

There may be additional questions that your attorney asks. However, if you already know the answers to the common questions and have gone through the effort of going over everything in your mind before you meet with them, then your consultation will go a lot more smoothly.

Prepare a List of Questions for Your Criminal Attorney

Your Arizona lawyer will ask you a lot of questions about your case. However, it may be just as important for you to prepare a list of questions to ask your attorney. Below is a list of some questions that you may want to ask your attorney.

Is there any additional information that I need to prepare to help my case go forward?

How many cases have you handled that were similar to mine?

What can you specifically do in order to help my case?

What are some of the options that I have?

How will my case likely end?

How much will I have to pay?

Who else will be helping with my case?

Have All of the Necessary Documents

You need to come prepared with all of the necessary documents. Personal contact information, hospital reports, police reports, indictments, property search papers, court dates, bail paperwork, and information about your professional and personal background are just some of the things that you may need to bring with you when you meet with an attorney. It’s a good idea to make copies of all of the documents that you will be giving your attorney.

Write Down Details About Your Case

The more information you can provide about the event, the more you will be able to help your attorney. Include details about the people, any weapons used, the time of the day the event occurred, and where it occurred. If someone was injured, then you should provide details of the injury. Make sure your notes indicate language that it is your attorney, so you can preserve the attorney - client privilege.  Trying to provide as clear and broad a picture of the incident as possible may help your case immensely.

Gather Your Witnesses

Witnesses can strengthen your case. Write down their contact information if they are willing to speak on your behalf. If there is someone who may have information that can damage you and your case, then you can also give their contact information to the attorney, if you know it. Keep in mind that your witnesses may be called upon to testify in court, whether their story agrees with your telling of events or not.

If you need a criminal defense attorney, then you should get in touch with Robert A. Dodell, Attorney at Law. He will make sure that your case is handled the correct way. He will represent you in court and help your case have the best outcome possible.

Tips for Preparing Your Defense with Help from Your Criminal Lawyer was first published on Post by Robert Dodell Attorney

[azcrimlaw]

Set Aside Criminal Records in Arizona

We live in a country and society where we like to offer people a second chance after they make a serious mistake. This is also applicable to certain individuals who commit certain crimes.

Each state has different rules or laws related to the "sealing" or "expungement" of an adult's criminal record for state-level crimes. As any good Arizona lawyer would tell you, Arizona does not have an expungement process. In lieu of this process, they have what they refer to as "set aside" laws.

What does it mean to people that have a criminal record?

It means that there is a process in place for them to possibly have their convictions set aside. Setting aside has the effect of maintaining criminal records but adding a notation that the individual has earned the right for a set-aside attachment to the criminal offense in question. Employers, landlords, and banks will still see the conviction, but they will also see the set-aside ruling.

If you would be interested in having your criminal record set aside, you can start by contacting a criminal attorney from a law firm like ours. One of our criminal defense attorneys could certainly help you through the process. Let's consider your eligibility for a criminal record set aside.

Are You Eligible?

You become eligible to request a set aside ruling after completing your sentence and parole requirements. Everyone is permitted to apply for a set aside order as many times as they want, though they need to submit a separate request for each conviction. This applies to misdemeanors and felonies in which there are no pending charges and all the fines and restitution have been paid in full. The following are exceptions:

Conviction involving the use of a deadly weapon

Conviction involving personal injury to the victim

The victim was a minor, under the age of 15

Some high-level traffic crimes are excluded

Conviction involving sexual crimes

If multiple felony convictions, two years must have passed since the last crime was discharged

The Process

If you qualify for a set-aside ruling, your criminal lawyer can help you through the process. There are a total of 10 steps, steps which include the following:

Step 1: Get and complete a "Statement of Absolute Discharge" from the Arizona Department of Corrections (DOC). This must be done as a written request with a mail response within 14 to 21 days. The form is available online here.

Step 2: Do the research needed to make sure you know which form to file and where to file it. Things may vary from one jurisdiction to another, so be careful to use the right information. Also, not that using the wrong form will cause delays.

Step 3: Be sure you and your criminal attorney have copies of everything you file.

Step 4: You must submit your set aside request form and all required documents with the Superior Court County Clerk in the Arizona County in which you were charged.

Step 5: You must send duplicate copies of the set-aside application to both the judge and to the county attorney in the county of record. Be sure that you are sending the judge and county attorney duplicate forms/applications to the right location.

Step 6: While the application carries no fee requirement, you will need to pay a filing fee with the county clerk.

Step 7: This is a process which could end up taking several months for you to receive a decision. The county attorney might request a hearing, or the judge could decide on their own without a hearing. If your request is denied, there is a reconsideration process.

We hope this lays out a clear path for you to request a set-aside ruling. If you have any questions or we can be of any assistance, we hope you will give us a call at your earliest convenience. This does fall within our area of legal expertise. Contact Robert A. Dodell, Attorney at Law today for legal assistance.

  Set Aside Criminal Records in Arizona was originally published on assistance and help from Robert Dodell

[azcrimlaw]

What to Do and What to Expect and Possible Charges

DUIs are taken very seriously in the state of Arizona. If you are arrested for this offence, then you’re in trouble and must treat the matter with some urgency. If you face a second or third DUI charge, the stakes are even higher. You will need the help of an experienced DUI attorney if you are to get the best possible outcome.

What to do After Your Arrest

Being stopped on suspicion of DUI is bad enough. You should politely refuse to perform any field sobriety tests or the HGN (Horizontal Gaze Nystagmus) eye test.  You should not answer any questions about your driving or your consumption of alcohol or drugs. If you are arrested, it can mean being held for a time and an immediate charge. No matter how you find yourself in custody, you should not physically resist the officer. You should always ask to speak to an attorney when the officer orders you to submit to any blood, breath or urine test. Your best response to an arrest is to invoke your Fifth Amendment right to remain silent. It is vital that you not say or do anything that will incriminate you. Your best move is to call your DUI lawyer. A lawyer can help you navigate the legal shoals of a second or third DUI arrest.

Penalties for Multiple DUI Offenses

You may have received a relatively lenient sentence as a convicted first-time DUI offender, not that it probably felt like it. However, you should not expect the same treatment if you are once again charged with this crime. Here are some of the penalties for a second DUI conviction: -Minimum of 30 days in jail -Maximum of 6 months in county jail -Fines and fees exceeding $3500 -One-year suspension of your driver’s license -Installation of an ignition interlock device For a third DUI conviction, the penalties may include: -Four months to two and a half years in prison -Fines and fees exceeding $4500 -A one-year revocation of your license -Installation of an ignition interlock device Arizona also has enhanced penalties of extreme and super extreme second offence DUI. If the blood alcohol concentration is 0.15% or above, you will be charged with extreme DUI. If the blood alcohol concentration exceeds 0.20%, the case falls in the super extreme category and the penalties for these are even stronger. The penalties for a second extreme DUI include up to 120 days in the county jail and the attendant fines and license suspension. For a second super extreme DUI, the sentence includes 180 days in jail and increased fines and a license suspension.

Getting the Right Lawyer for Your Case

These are not light penalties. Multiple DUI convictions can cost you a long time in jail and significant fines and loss of your driver’s license.  This may lead to the loss of employment and could even lead to the ruin of your life. That is why you should exercise every legal right at your disposal, including the right not to incriminate yourself. That is why you need to call an attorney before you agree to take any breath, blood or urine test. And in the end, the police are seeking evidence to prove a case against you. Their case must begin with a legal stop and search. Police do not have the right to stop and interact with you in any way they wish. They must follow laws and procedures when executing such a stop. One of the best ways to build your defense is to record or have recorded on a cell phone the entire interaction with the authorities. Your lawyer will review this video footage and look for violations of procedure or the law. Even if you did take the breath test before speaking to any attorney, this evidence can be challenged. Breathalyzers malfunction all the time. Your lawyer will have the right to call in experts to assess the state of the device that was used on you. If discrepancies are found, it will weaken the prosecution’s case. If you have been arrested for a second or third DUI offense, you should call Robert A. Dodell, Attorney at Law. He has the experience and expertise to mount the most vigorous and effective defense possible against another DUI conviction.

The following blog post What to Do and What to Expect and Possible Charges is courtesy of www.azcrimlaw.com robert a dodell attorney Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

[azcrimlaw]

Juvenile Criminal Cases and Court System in Arizona

Juvenile Court is a separate division of the Superior Court.  It is responsible for hearing cases concerning juvenile delinquency, dependencies, termination of parental rights, adoptions, emancipation, and any other related matters. Despite the fact that most Juvenile Delinquency matters involve crimes committed by minors, they are taken seriously, just like any other case. That’s why it is important to hire an experienced juvenile attorney to handle the case.

Arizona Juvenile Court Process

The organization and process of a juvenile court system are somewhat different from that of the adult system. For instance, when an offence is committed, juveniles or minors are considered ‘detained’ rather than arrested. Thereafter, a petition is created to serve as an official charge sheet. The petition states the jurisdiction of the juvenile court and the crime committed.  The family of the juvenile is notified of the charge. Normally, the first step when juveniles are detained is to contact a juvenile lawyer. A juvenile lawyer is familiar with the juvenile system, as it is not quite different from the adult criminal justice system.  The lawyer will advise you on the steps to follow until the hearing stage.

Inside the Courtroom

The juvenile delinquency case is handled by a Superior Court judge.  If the juvenile is tried or pled and is found delinquent (the juvenile term for guilty), that juvenile will have a disposition hearing (the juvenile term for a sentencing hearing).  The court determines what sanctions should be imposed on the juvenile. All records in juvenile courts are sealed and cannot be easily accessed. This is different from adult courts where anyone can get the records based on the Freedom of Information Act, minus some redacted personal information which may be included on said documents. The sealing of records is deliberate to ensure that mistakes committed don’t haunt the juvenile in his or her future life. Records may also be destroyed when the juvenile turns 18 – as long as they have fulfilled certain conditions given by the court. One of the main contentious issues with juvenile courts is the use of indeterminate sentencing. This is where judges have the discretion of deciding the maximum sentencing for juveniles. Consequently, juveniles are observed until they serve their maximum term or when the judge feels that they have reformed their behavior. But, sometimes, working with an experienced Arizona lawyer can result in an earlier release.

Different Types of Juvenile Cases

Juvenile court processes usually differ depending on the type of case. Below are three primary types of juvenile cases:

1. Juvenile Delinquency Cases

- These are cases concerning juveniles whose actions would have resulted in criminal charges if they were adults. The type of punishment and fines in juvenile courts is somewhat different from those in adult courts. The primary goal is rehabilitation rather than punishment.

2. Juvenile Dependency Cases

- These are cases concerning minors or juveniles who have been neglected, abused, or abandoned by their respective guardians or parents. The main objective of such cases is to provide children with safety.

3. Status Offense Cases

- These are cases that concern status offences that specifically apply to minors. It may involve drunk driving, curfew violations, or truancy, among others.

Juvenile Criminal Cases and Court System in Arizona is available on write up on the Robert Dodell Blog Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

[azcrimlaw]

Know Your Rights With Vehicle Searches in Arizona

People are protected from unlawful searches and seizure of their assets under the Fourth Amendment of the United States Constitution. Any type of illegal seizure of assets could negatively impact a person financially. Any type of unlawful vehicle search would violate a person's right to privacy.

Automobile Exception

This is connected to the Fourth Amendment and provides drivers with less of an expectation for privacy in their automobile when compared to their residence. Law enforcement in Arizona is still not permitted to search each vehicle they stop for a traffic violation. They must be able to establish probable cause. However, there are situations when law enforcement officers in Arizona can legally search a person's vehicle without the driver's consent or search warrant.

Probable Cause

This makes it necessary for law enforcement to have a reasonable belief that a crime may have occurred. This could involve drug possession, driving under the influence, and more. A traffic violation does not provide enough probable cause to search a vehicle. It could be a driver's actions or the objects in a vehicle that could give Arizona law enforcement officers cause to search a vehicle. There are certain common reasons they can legally search a driver's vehicle without a warrant or permission. *Law enforcement officer reasonably believes that the search is necessary for their safety *The officer has probable cause to believe there is evidence of a crime in the vehicle, such as illegal drugs or drug paraphernalia in plain sight, the odor of illegal drugs *Drivers admitted or provided information about what is in their vehicle *Statements from reliable witnesses

Vehicle Search

Once Arizona law enforcement has determined they have probable cause, they have the right to search a driver's vehicle. To do so, they will first instruct the driver and other passengers in the vehicle to exit the vehicle. Typically they will be required to stand far away from the vehicle unless they have been placed under arrest for an unrelated charge. The vehicle search will cover the entire vehicle and any belongings discovered inside it. This includes items owned by the driver and the vehicle's passengers. It could also involve using a K-9.

Routine Inventory Before Towing

A driver can be stopped if there is a warrant for their arrest or because of a traffic violation. They may not have any friends or family members to come and take possession of the vehicle, or there may be no safe place the vehicle can be legally parked. In this situation, law enforcement officers have no choice but to tow the vehicle to an impound lot. Law enforcement officers will perform an inventory of items in the vehicle to minimize the chance of legal trouble if an angry driver believes items from their vehicle are missing. Should law enforcement officers discover illegal contraband in the vehicle, it can be taken and used as evidence against the driver in court.

Unlawful Search And Seizure

There are instances when a vehicle search and property seizure conducted by law enforcement are illegal. If this happens, a criminal lawyer will file a Motion to Suppress with the court because their client's Fourth Amendment rights have been violated. There are three things a judge will consider for determining if a vehicle search by law enforcement was legal. *If the nature of the paraphernalia or drugs discovered is incriminating. A vehicle can't be legally searched if an object does not indicate a crime. *A law enforcement officer must have a valid reason to stop a vehicle. If not, they could be considered to not be legally present. *Law enforcement must have legal access to the paraphernalia or drugs. Should these items have not been in plain sight, the vehicle did not have the odor of an illegal drug, or no consent has been given for a search, law enforcement may not have a legal reason to search the driver's vehicle.

No Punishment

Under the law, there is no legal punishment associated with a driver refusing to give law enforcement consent to search their vehicle. Law enforcement officers have been known to try and bully a driver into giving them permission. It is important for a driver to know their rights and remain firm. This is an indication law enforcement does not have probable cause to search the vehicle. Anyone who is facing a felony drug charge in Arizona, after law enforcement searched their vehicle, needs to speak with criminal lawyer Robert A. Dodell, Attorney At Law as soon as possible. This legal professional understands facing criminal charges is challenging. Robert A. Dodell, Attorney at Law will know how to discuss the circumstances of the arrest and determine the best possible legal defense.  

The post Know Your Rights With Vehicle Searches in Arizona Read more on: Robert Dodell Attorney at Law call 480.860.4321 Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

[azcrimlaw]

How Do You Know If You Are Under Criminal Investigation?

While contact from a police officer does not always mean you are under investigation for violating the law, there are times when you should be prepared for.  As a criminal attorney explains, there may be ways to know if you are under criminal investigation.

Commission of a Crime

Before explaining how a criminal investigation takes place, it is important for you to understand the types of crimes you could be charged with in Arizona. A misdemeanor is usually a lesser crime and punishable by up to six months in county jail. These cases are normally handled by lower courts. Felonies are punishable with time in the state prison. Although the case may initially be heard in a lower court, they may end up in a Superior Court hearing. Felonies are more serious than misdemeanors.

Pre-Arrest Investigation Process

A pre-arrest investigation begins as soon as the crime is committed and your initial interview with the police will be part of that crime investigation. You should always request a criminal defense attorney to be present for an interview, in order to protect your rights. Anything you tell the police during that initial interview will be used during the investigation. During this interview, the questions asked may indicate that you could face criminal charges. If the officer asks specific questions about the crime or what you were doing at the time, that could mean you are a significant part of or suspect of a criminal investigation. If they ask you to provide the names and phone numbers of the people you were with during the crime or if they ask about your drug and alcohol use, this is another sign that you may be under investigation.

Being Called in For Questioning

If the police contact you and ask you to come in to answer questions, it’s very important to contact an attorney prior to the interview. It’s very possible that the police simply need to clarify some information and you may not be the subject of the investigation. An attorney can accompany you to the interview and advise you how to conduct yourself and what questions to answer and which ones you should not, in order to avoid any possibility of incriminating yourself.

Search Warrants

In some cases, the police will not interview you first. If they receive information that you have evidence of a crime in your home, they may request a search warrant from a judge. If they arrive at your door with the warrant, it’s highly likely that you are under investigation. Officers often obtain search warrants before an interview when they are concerned that questioning a suspect could lead to destruction of evidence. If they execute a search warrant, they are hoping to find the evidence before it is destroyed. They will then use that evidence in your questioning.

Subpoena for Records

If your business is under investigation, you may learn of the probe when you are served a subpoena for records. Like a search warrant, you must comply with the officers and provide them with the records included in the subpoena. Although you do not have to answer questions during a police interview, search warrants and subpoenas cannot be ignored. It’s suggested that you have an attorney present to ensure the police do not take records not included in the subpoena. There are many ways that law enforcement may let you know you are under investigation. Sometimes you learn through “word on the street” that the police have been asking questions. There are also times that federal investigators reach out to you by mail and ask you to “come in for questioning”. No matter how a law enforcement agency reaches out to you, it is imperative that you protect your rights by hiring a criminal attorney. Robert A. Dodell, Attorney at Law, a former prosecutor with over 30 years of experience, can help. Even if you have not been arrested, Robert will help you develop an aggressive defense, guide you through the complicated judicial process and give you a complete understanding of what charges you may be facing. If you believe you are under investigation or have been arrested for a crime, contact Robert by calling (480) 860-4321, emailing Robert@AZCrimLaw.com. or fill out the easy online form to arrange for a no obligation consultation.

The post How Do You Know If You Are Under Criminal Investigation? Find more on: Law Offices of Robert Dodell Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

[azcrimlaw]

Crucial Facts about Arizona Drug DWIs

Arizona DUI Laws

Arizona law, like all state law, makes it expressly illegal for one to be in control of a motor car while under the influence of any intoxicant. Arizona is notable for being one of the harshest states on drivers found to be driving under the influence. Offenders are usually subject to legal sanctions of varying severity once it has been established that they have exceeded the legal limit. The legal limit in the state of Arizona is a blood alcohol level of 0.08%. Anyone found with alcohol at this level, or higher is liable for criminal prosecution.

Arizona DUI Penalties

Understandably, for a first-time offender, the penalty for a DUI is decidedly more lenient than for a repeat offender. A first-time DUI is typically classified as a Class 1 misdemeanor. Offenders may face several legal sanctions depending on the particular circumstances surrounding the offense. They are likely to face penalties of a minimum $1500 fine and assessments, possible probation, or even be ordered to perform community service.  There is mandatory drug or alcohol counseling. There is also a short stint in jail and a suspension of driving privileges. Typically, first time DUI offenders will have their license suspended for ninety days, although a work permit may be possible after the first thirty days is completed. This suspension is referred to as administrative license suspension. Also, Arizona DUI law requires offenders to undergo mandatory counseling to educate and sensitize drivers on the dangers of drunk driving. The law is much firmer for second and subsequent offenders. For one to be charged with a second DUI in the state of Arizona, they would have to have a blood-alcohol level of at least 0.08% and would also have had a DUI conviction dated within the last seven years. A second DUI charge will see the offender face at least 30 days in jail and up to as much as six months. Additionally, the minimum fine and assessment payable is approximately $3500. Other sanctions include mandatory drug or alcohol counselling,  suspension of one's license for one year and community service, as well as possibly probation. For third-time offenders, the legal penalties are much worse, as the case becomes a felony. The fine and assessments for a third offense is approximately $4700 while they face a minimum of four months in prison. Additionally, they stand to lose their driver’s license for one year. This is not to mention the mandatory drug or alcohol counseling they will be required to undergo along with probation or community service. All told, the penalties for DUI charges in Arizona are among the harshest.

Arizona DUI Facts to Remember

There are several crucial DUI facts to bear in mind if you plan on visiting Arizona. The first of these is that commercial drivers can be arrested on a DUI charge with a blood alcohol content (BAC) of as little as 0.04%. Anybody found driving under the influence without having attained the legal drinking age is also subject to prosecution. A sad fact is that driving under the influence continues to contribute to close to a third of all accidents. Another fact to consider when it comes to DUI charges in Arizona is that failure to submit to a sobriety test leads to an automatic one-year license suspension. The penalty is much steeper if it is your second offense of refusing to take the test, for which one may face a license suspension of up to two years.

The Value of Hiring a Good DUI Lawyer

The value of hiring a knowledgeable DUI attorney is easy to see. The right DUI lawyer will keep up with the latest legal advancements to secure the best defense for their client. Regardless of the severity of the charges, it is always advisable to have a seasoned attorney in your corner. A experienced lawyer will weigh the particular circumstances of your arrest and the charges you face. Not only will they be familiar with the law but they will also understand the facts surrounding DUI cases quite well. After reviewing the case, they will be able to propose a solution that seems appropriate for the criminal charges you are facing. So, should you or your loved one be faced with DUI charges, it will pay to contact Robert A. Dodell, Attorney at Law.  He is knowledgeable in DUI law, with the experience of 30 years both as a prosecutor and defense attorney, and is your best bet toward a favorable ruling. After a free consultation, Robert A Dodell will work aggressively and tirelessly to defend you as he has done for decades. The importance of engaging the services of a stellar attorney with a distinguished history cannot be taken lightly.  Get the right legal backing in your corner.

The following post Crucial Facts about Arizona Drug DWIs Find more on: azcrimlaw.com Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

[azcrimlaw]

Myths about Facing a DUI Charge in Arizona

Being charged with driving under the influence is a serious legal matter in every state. All states have unified the .08 blood alcohol content level as a presumption of intoxication but the associated legal penalties with a conviction differ significantly from state to state. Sometimes penalties are relatively administrative and standard for a first conviction, then they are enhanced with subsequent convictions. In addition, look back periods for determining the enhancement of charges is also not consistent, ranging from 7 to 10 years depending on the state. Most defendants do not realize the severity and potential long-term outcome of a DUI conviction, and often they attempt to deal with their court dates without solid legal representation and merely plead guilty as though they have no defense in the case. It is always essential to have an experienced DUI attorney when going to court for impaired driving because the outcome has a significant impact on the future of all defendants. Here are a few myths people accept regarding DUI cases in Arizona.

Intoxicated driving is a standard traffic charge.

A charge of driving under the influence is not a mere traffic violation. It is a serious criminal charge in the state of Arizona, and prosecutors are serious about making the charges stick. There are also mandatory minimum penalties in every aspect of the punishment, which is a comprehensive approach in Arizona. Prosecutors often have little room to plea bargain a conviction down, and most will not even consider this without solid legal counsel.

The law applies equally to all drivers.

The standard for a charge conviction in a typical passenger vehicle case for an individual over 21 years of age is set at .08 BAC.  But any level of intoxication while driving is a violation of Arizona law due to the restrictions on alcohol use for those under age 21. And commercial drivers are held to a .04 BAC standard when operating a vehicle, and this does not necessarily apply only to those driving tractor-trailer rigs. There are varying degrees of commercial driver licenses, and all classes are set at the .04 BAC standard.

First offenders do not receive a jail sentence.

Arizona impaired driving law is indeed one of the strictest, if not the most restrictive, in the United States. All convicted individuals are required to spend a minimum of one day in jail, along with nine additional suspended days of jail. However, judges have upward latitude regarding potential incarceration periods, and it is possible to receive the full 10-day sentence recommended by the prosecutor and accepted by the court without having an experienced criminal defense lawyer representing the case. The allowed 9-day suspension is not mandatory.

Minimum penalties are the standard for first offence charges.

Courts in Arizona are not required to issue the basic minimum punishments for a conviction, and prosecutors often have set policy for dealing with cases that exceed minimums in every aspect. Penalties are determined by the specifics of the case, and reasonable doubt is difficult to establish without solid legal counsel.

Defendants are not required to have legal representation.

All defendants in an impaired driving charge in Arizona are required by law to have legal counsel because some jail time is mandatory.  This is actually set by federal precedent for anyone who may receive a jail term of any amount in the United States. It is an adequate counsel requirement. A defendant can waive that legal right to counsel  A public defender will be appointed to represent a defendant, but only if the defendant is financially eligible under the court’s guidelines. Public advocates often have huge caseloads and limited time to devote to one particular case. It’s always best to have a private criminal defense lawyer who understands the implications of an intoxicated driving charge, who can spend the proper time on a case. These are just a few of the concerns and myths that defendants should consider before deciding to plead guilty to an impaired driving charge regardless of the strength of the state's case. In fact, the more severe cases require the most effective and aggressive criminal defense measures. A conviction assuredly has a lasting effect on the life of the defendant, including completing alcohol or drug education and having an ignition interlock device installed in the vehicle at their own expense. Never accept the idea that you have no defense in your case. If you are charged with a DUI in Arizona, you should call Robert A. Dodell, Attorney at Law, for solid and aggressive legal representation.

Myths about Facing a DUI Charge in Arizona was first published on AZCrimLaw and associates Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

[azcrimlaw]

How COVID-19 Has Changed Law Enforcement?

The COVID pandemic has brought forth numerous changes. One group experiencing major alterations is law enforcement. Arizona-based criminal attorney Robert A. Dodell invites interested parties to continue reading to learn about how the Coronavirus has changed the ways police conduct important business.

Limiting Arrests

In an effort to prevent the virus's spread, local, state, and national government and health organizations have instituted numerous safety guidelines. These safeguards, such as the practicing of social distancing, have rendered a formerly simple and straightforward activity, like executing arrests, far more challenging. Obviously, this action necessitates close contact between law enforcement official and offending individual. However, as more health mandates have entered into effect, policing agencies have been encouraged to detain fewer criminals or only arrest those committing more serious offenses.

Reduced Incarcerations

Another common pandemic spread prevention technique instituted by governing authorities is the limitations on gatherings or introducing new subjects into a given location. This edict has exerted a significant impact upon the nation's jail and prison systems. Some institutions are capping the number of new inmates to be accepted. In many cases, those convicted of mild to moderate offenses or those handed down short sentences are not always being subjected to incarceration. Moreover, in certain states, government officials have even released prisoners. Occasionally, individuals let out of jail or prison possessed serious records. Moreover, there have been reports that a percentage of these convicted felons have committed other acts of malfeasance upon their release.

Decreased Community Presence

Social distancing mandates have forced numerous law enforcement agencies to scale back their community presence. Community and police leaders throughout the nation have expressed reservations about this action. These individuals subscribe to the safety in numbers and community-based presence theories and opine that a decline in police presence could serve as an invitation for some individuals to engage in an increased amount of criminal activity.

Altered And Limited Training Programs

Another major COVID spread prevention effort has been the shut-down of practically every business or industry. Many states have begun the reopening process. However, the educational sector is reluctant to move with the expediency that other notable professions have. The continued lockdowns of schools and other educational institutions has a profound impact upon the law enforcement community. These closures have included many police training academies, in addition to colleges and universities offering criminal justice degrees. Some of these entities have offered courses online. However, certain police training methods are difficult to provide instruction for through such methods. Law enforcement officials fear an ongoing closure of educational establishments could ultimately result in fewer individuals pursuing careers as police officers.

Reliance On Personal Protective Equipment

Health officials warn that being out amongst people significantly increases one's risk of contracting this potentially deadly pathogen. Therefore, as a means of protection, those who must venture out are firmly cautioned to don personal protective equipment, such as face masks and gloves. Though necessary, outfitting law enforcement officials with these items may still place a financial strain on many departments.

Reduced Civilian Workforce

Those not familiar with the inner workings of law enforcement agencies might not realize that said establishments often employ a discernible percentage of civilians to carry out needed tasks. Social distancing and shelter at home policies have limited the number of such individuals permitted to perform their jobs at agency headquarters. Ergo, they must execute these duties online if applicable, or uniform staff is forced to handle these responsibilities. When uniform staff must expend time completing non law enforcement-related issues, said personnel are spending less time fighting crime.

A Greater Emphasis on Community Involvement

One possible positive to emerge from these circumstances is a greater degree of cooperation between police agencies and the communities within which said entities serve. A diminished community presence of law enforcement officials will force agency authorities to rely on concerned community members to help identify and snuff out criminal activity. The relationships between police and certain communities has not always been stellar. However, if the two groups are forced to work together, observers are hopeful such newly forged partnerships will eventually result in safer and better communities for all concerned parties.

Contacting Mr. Dodell

Individuals charged with any type of offense are encouraged to contact criminal lawyer Robert A. Dodell. Mr. Dodell is a former prosecutor possessing more than 30 years of experience dealing with a host of criminal cases. More information about his firm can be found by visiting https://www.azcrimlaw.com/.

The article How COVID-19 Has Changed Law Enforcement? See more on: robert dodell owner of azcrimlaw Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m