Sunday, January 12, 2020

Drug Offenders and Sentencing

To say that drug sentencing laws in Arizona are complicated is certainly an understatement. There are plenty of guidelines, mandatory minimums, and judicial discretion to contend with. Two felons who are convicted for a similar drug offense, for instance, may not receive the same sentence, depending on a number of factors. These include:

  • If the person receives a first or second drug conviction or if he is a habitual or repeat offender
  • The type of drug involved in the case
  • The amount of the particular drug
  • If the drug involved is intended for sale
Depending on how these factors turn out, the court can order a sentence that may range from pre-conviction diversion program to fines or even lengthy prison terms. Drug Offenders  

Arizona Sentencing in General

In the state of Arizona, a felony may be punishable by a prison term of 1 year or more. The state categorizes general crimes under 5 felony classes. These are Classes 2 to 6, with each class having 5 possible sentences:
  • A mitigated sentence that is shorter than the minimum, and is available when two or more mitigating factors are present
  • A minimum sentence, which is available when one or more mitigating factor is involved
  • A presumptive sentence or the normal sentence given for the same crime
  • A maximum sentence, which is available if one or more aggravating factor is present
  • An aggravated sentence, given for crimes that involve two or more aggravating factors

First-Time Offender vs. Second-Time or Repeat Offender

The law provides a different treatment for first-time and second-time offenders. The case may be eligible for sentencing under Proposition 200.  The case may be brought to a drug court. In this arrangement, the prosecutor will consent to drop the case once the offender completes a drug rehab program. When an offender, on the other hand, habitually sells or possesses large quantities of drugs, the court may sentence the person to a long prison term.

Volume, Intent and Type of Drugs

When handing out sentences, the court also considers the amount of drugs involved, as well as whether there was the intent to sell or distribute drugs.   Harsher penalties are also imposed for some drugs over others. Compared to marijuana, dangerous drugs including heroin, cocaine, methamphetamine and prescription drugs get stiffer sentences.

Factors That May Be Considered to Reduce a Sentence

The judge is mandated to consider 6 mitigating factors when deciding on a sentence. These include:
  • The defendant’s age
  • Whether or not the person appreciates the wrongfulness of their actions, which can include mental impairment that does not rise to the level of a defense to the offense
  • Whether or not the defendant was under significant or substantial duress
  • Whether or not the person is only a minor player in the crime
  • The defendant complied with the required legal duties after committing the crime
  • And a catch-all provision that includes anything about the defendant, his character, background, or the crime’s nature that the judge may deem relevant

Factors That May Be Considered to Increase a Sentence

The court may also additional time to a sentence if there are aggravating factors in the crime.  Although some of these may not apply to a drug offense, aggravating factors include:
  • The infliction of harm or the threat to inflict harm
  • Whether a deadly weapon or dangerous was used or simply used as a threat
  • Property was taken or damaged
  • Whether an accomplice was present
  • The crime was committed for financial gain
  • The offense was committed by a public servant in direct relation to their office or employment
  • Whether or not the crime was related to gangs
  • Whether or not the defendant committed the crime while on probation or parole
  • And a catch-all provision that includes anything about the defendant, his character, background, or the crime’s nature that the judge may deem relevant
Sentencing for drug cases in Arizona can be complicated. Thus, if you’re facing any type of criminal charge, and need a lawyer for your defense, contact the offices of Robert A. Dodell, Attorney At Law for drug charges, right away. Initial consultation is free.  

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Sunday, December 29, 2019

Why You Should Trust Your Criminal Defense Lawyer

When facing a criminal charge, your good reputation and your freedom are at stake. It is therefore understandable if you find it difficult to put your trust in another person to safeguard your interests. An experienced criminal defense lawyer like Robert A. Dodell, Attorney At Law, knows this only too well. After all, Attorney Dodell has personally been defending criminal cases in the state of Arizona for over 3 decades now. Cooperation and mutual trust between you and your lawyer are crucial in order to build a solid defense for your criminal case.

Importance of Trust between a Lawyer and His Client

Trust is among the most important elements of a good lawyer-client working relationship. After all, your defense strategy, no matter how solid, may not work if you don’t trust the advice given by your lawyer. In a lot of instances, your lawyer may need to say something to you that he knows you don’t want to hear. Bear in mind that one of the hardest parts of being a lawyer is to be the bearer of bad news to their clients. These may include situations when facing incarceration or that you need to accept a plea bargain to a specific charge. If you trust your lawyer, and the trust has been forged over the time you have been working together, then you are likely to be more receptive to his legal advice.

Honesty from Your Lawyer

You will find it easier to trust your lawyer if he is honest and upfront about your case. It should raise a red flag if your lawyer is making a lot of promises that seem too good to be true. Who would not be turned off if they heard their attorney bragging that he could make this or that charge go away, or that you will get a not guilty verdict on every charge – right in your first consultation meeting! To avoid this grave mistake in hiring a lawyer, it is important that you make sure that you consider only a lawyer who is straightforward with his clients. If he says that he will let you know everything he knows about the case, and when it is decision-making time, he will make sure that you can come up with an educated and informed decision, and that decision will be the basis for your future actions together – then you have found a trustworthy lawyer. Just as important to the need for you to have a trustworthy lawyer to listen to is the need for your lawyer to listen to you and your concerns.  The attorney-client relationship is a two-way street. The lawyer must listen to you. The case is about you, not your lawyer. If your lawyer advises you to accept a plea, but you want a trial, the lawyer will take the matter to trial and work hard on your behalf. It’s enough that you know your attorney has laid down all your options, and he allows you to make a well-informed choice. At the end of the day, it is your decision as to the client that will prevail. The job of your lawyer is to review everything with you. This way, you can be sure that whatever choice you make, you are making it in an informed one, and that you have considered everything. If you don’t trust your lawyer, you will tend to communicate less. This can compromise your successful defense.

Following are some tips that may help forge trust between you and your lawyer:

  • Ask the lawyer about his experience, specifically in cases like yours.
  • Ask him the number of cases he has won and lost.
  • Ask how he prepares for a defense, and how he conducts an investigation to gather details about your case.
  • Be open with your concerns about your case.
Take note of how the lawyer responds to these questions as these will indicate his commitment to you and your defense. If you or your loved ones are facing a criminal charge in Arizona, get in touch with Robert A. Dodell, Attorney At Law, right away. He is a lawyer that can be trusted.  The initial consultation is free.

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Tuesday, December 10, 2019

Discussion About Proposition 200

A voter initiative that was passed in the state of Arizona back in 1996, Proposition 200 provided considerable protection for people who were charged with drug possession. Enacted as Arizona Revised Statutes § 13-901.01 under the Arizona Revised Statutes, the law has been modified a few times over its lifetime. The changes include which types of drug are eligible for protection under Proposition 200.

What the Law Does

According to A.R.S. § 13-901.01 (A) of the Arizona Revised Statutes, once you get a conviction for personal use or possession of drug paraphernalia or controlled substance, the court is mandated to put you under probation. You cannot be sentenced to jail or prison. A court can ordinarily require jail time as one of the probation conditions However, if the case is only your first conviction for a drug offence, you cannot be given a jail or prison term. This is a condition under your probation order under A.R.S. § 13-901.01 (E). The court shall select the additional conditions it deems necessary, including intensified drug treatment, community restitution, intensive probation, home arrest or any other sanctions. If, however, this is your second drug offence conviction, then the Court could sentence you to jail, as a condition of probation pursuant to A.R.S. § 13-901.01 (F). You cannot be sentenced to prison. Still, the court may include additional conditions of probation it deems necessary, including intensified drug treatment, community restitution, intensive probation, home arrest or any other action within the jurisdiction of the court.

Who Is Not Covered by the Law?

If you have received a conviction or an indictment for a violent crime, under § 13-901.01 of the Arizona Revised Statutes, then there is the reason for concern because under A.R.S. § 13-901.01 (B), Proposition 200 is not available. By definition, a violent crime happens when a criminal act results in physical injury or death, or the criminal makes use of a dangerous instrument or deadly weapon. Similarly, if you get convicted for possession of a prohibited or controlled substance that is intended for sale, transport, manufacture, or production, then pursuant to A.R.S. § 13-901.01 (C), you are not eligible for Proposition 200. Now, if you are a habitual offender, and this is at least your third conviction for personal possession of drug paraphernalia or a controlled substance, you are also not covered, according to A.R.S. § 13-901.01 (H). Similarly, if you decline drug treatment as one of the terms of your probation or if you reject probation, you are not covered under Proposition 200 and the Court can impose jail or prison time. There is one specific drug which takes you out of Proposition 200. If the drug involved is methamphetamines, then you will not be covered under Proposition 200, even on a first offence.

How Can You Use Proposition 200?

No two cases are the same; each one is unique in some way. This is why you need to get the services of a skilled and experienced drug defense lawyer to handle your drug case. More importantly, your particular case may potentially be covered by the provisions of Proposition 200. On your own, you may not be able to see all your available options, as well as the potential problem areas that may compromise your successful defense. With an experienced attorney, like Robert A. Dodell, Attorney at Law, everything will be reviewed as the case moves forward. There is no doubt you can use Proposition 200 to your advantage under the right circumstances. It can help mitigate the potential damage that you may incur. However, you cannot rely solely on Proposition 200 to bail you out of your predicament. For one, it cannot keep you away from a possible conviction. Thus, it is thus important that you get in touch with a lawyer who has plenty of experience in defending similar cases. This way, together, you can come up with the best possible defense for your particular case. If you need more information about Proposition 200, or you need an experienced lawyer to defend you in your pending criminal case, Attorney Robert A. Dodell is available for a free initial consultation. Attorney Dodell has more than 3 decades of solid experience defending criminal cases. Schedule an appointment with Robert A. Dodell, Attorney at Law, right away.  

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Friday, November 29, 2019

The Main Difference Between Self Defense and Assault

In the state of Arizona law, there is a thin legal line that separates what is self-defense to the crime of assault and what constitutes an assault charge. To avoid crossing the line, you must know what your specific rights are, as well as their limitations.

The Arizona Standing Your Ground and Self-Defense Laws

According to the Arizona self-defense laws, you are under no obligation to retreat before resorting to threat or the use of physical force if you have the legal right to stay where you are. For the purpose of self-defense, using physical force is justifiable. It is also allowed in cases when doing so could stop another person from committing a crime.  The Arizona self-defense law is spelled out in ARS § 13-404, while the use of lethal physical force is covered in ARS § 13-405. The law says you can employ physical force if the situation warrants it. The force must be reasonable, and it must be in proportion to the gravity of the threat. This means it is unlawful to use unlimited physical force – even in the presence of a threat or if you are in a precarious situation where your life and limb are at risk.  The law also applies when defending other people who may be in danger or under threat. The use of physical force is allowed, particularly when the people involved cannot defend themselves. However, said force must be to an extent that is deemed reasonable and in proportion to the threat.

When Physical Force Is Not Permissible for Self-Defense

Various situations do not allow the use of physical force as a self-defense strategy. These include the following:
  • There is only a verbal threat.
  • Law enforcement officers are in the process of arresting you.
  • Your action results in the injury or death of an innocent third party.
  • Your action triggered physical force or threats to be thrown your way by another person. 
Aside from the limitations on the situations where you can use physical force, there are also very few instances where you are allowed to employ deadly force. Deadly physical force is allowable if there is fear of death or immediate serious injury. It goes without saying that you can’t use excessive force simply because someone slapped or pushed you. This is because such action is not proportional to the threat. If you’re threatened with a gun, for instance, lethal force may be justifiable. But, your response should coincide with the exact moment of the threat. Acting after the incident may be considered vengeance as it is no longer self-defense.

Common Defense Scenarios for Assault Cases

Self-defense is an often-used strategy for cases of assault. If you are charged with the use of excessive force, the charges may be dropped, and your case will altogether be dismissed if your lawyer can prove that your use of physical force was necessary and justified. However, for the defense strategy to work, there are several things that you need to establish. Aside from the previously mentioned factors, you will also need to prove that there was no other way to diffuse the situation. You must also establish that you didn’t make threats, provoke, or attack the other party first. When your lawyer invokes self-defense, it will be in the prosecution’s hands to prove that your use of force against another person was not justified in the particular situation.  Your lawyer can enhance the credibility of this particular defense scenario by making sure of the following:
  • The testimonies of witnesses and experts are reliable.
  • The person you used physical force on has a history of getting into confrontations or violence. This is crucial since your knowledge about the other person’s past history may cause you to feel threatened. 
You can use self-defense when faced with physical violence and other similar crimes. You can stand your ground, and this is a right guaranteed by the Arizona laws. However, there are established legal limits. Thus, you must always exercise extreme caution when standing your ground.   For example, if a thief attempts to snatch the gadget you are holding in your hands, you can push, slap, or kick the person. However, it would be illegal to pull out a bladed weapon, as this would constitute excessive force.  Reasonableness and proportionality is an issue decided by the fact finder during a trial, whether it is a judge or jury.  The line is thin and it is quite possible what you believe is reasonable and proportional is not what the fact finder determines.  If you find yourself on either side of any of the situations discussed above, you should consult with Robert A. Dodell, Attorney At Law, right away. This way, Attorney Dodell can assess the situation and protect your rights.  

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10601 N Hayden Rd, #I-103

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Thursday, November 21, 2019

Arizona Wrong Way Drivers – Understanding the Causes, Possible Charges & the Best Defenses

Wrong way driving happens when a driver operates a motor vehicle in the improper traffic direction. It can happen on one-way and two-way streets, and even in parking garages and parking lots. Arizona lawmakers have made public safety a major issue. Curbing wrong way driving is a step toward this. Ninety percent of collisions happen as a result of improper driver behavior. These include distracted or reckless driving, speeding, and impaired driving. Wrong way crashes are often a result of these driving errors.

Causes of Wrong Way Driving Crashes and Accidents

The majority of wrong way accidents are due to impaired driving. Thus, it comes as no surprise that most of these crashes happen from 6 PM to 6 AM. One third of these crashes occur from midnight to 3 AM. Interestingly, 50% of wrong way accidents are recorded during weekends. Other causes of wrong way driving include:
  • Distracted driving or driver inattention
  • Confusing or insufficient signage or markings
  • Driver being unaccustomed to driving on the right side of the road
  • Taking a short cut
  • Missing an exit, and wanting to go back

Wrong Way Driving Possible Charges

As mentioned, the state of Arizona has now increased its attempts to curb wrong way driving and DUI incidents. As a result, wrong way driving violators, especially those under the influence of alcohol or drugs, will now be facing felony charges when caught, due to a new law. HB 2243 was signed into law and went into effect on August 3, 2018. A.R.S. 28-694 makes it a civil penalty to drive the wrong way on a controlled access highway.  The fine is up to $500 and the requirement that person found reasonable for such an offense successfully complete an approved traffic survival school educational program.  Wrong way, under the statute, does not include median crossing or a collision where a motor vehicle comes to a stop facing the wrong way. The new law, under A.R.S. 28-1383(A)(5),  makes it a felony for a driver who drives the wrong way on a highway and be under the influence of alcohol or a drug.  It does not matter if this is a first offense driving under the influence. It is still a felony, which requires four months in prison, if convicted. The state has also set aside a budget for additional resources, required to enhance the system monitoring wrong way driving incidents during the night.

Defense for a Wrong Way Driving Charge

When facing a wrong way driving with DUI charge, regardless if it is your first offense, the first thing you need to do is get legal representation. An experienced and reputable lawyer like Robert A. Dodell, Attorney at Law, can help protect your rights, and strongly advocate for you from the beginning of the case until its final resolution. As you may know, an arrest for a DUI should not be taken lightly. Even with your lawyer by your side, you may need to exert a lot of effort to clear your name. Otherwise, a conviction could create a lasting negative effect on your future, as well as your loved ones’ future. Attorney Dodell understands your situation very well. Thus, you can expect him to use all his experience and knowledge in AZ laws to come up with the best possible defense for your case.
  • He will methodically investigate your particular case to determine the most appropriate action to take.
  • He will check all the details surrounding your arrest to make sure that everything was done in a legal manner.
  • He will analyze all case elements to discover if any of your rights were violated at the time of your arrest.
  • If necessary, he will negotiate for a plea bargain on your behalf.
If you find yourself or a loved one charged with a DUI, contact Robert A. Dodell, Attorney at Law, to fight to protect you and your rights.

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Wednesday, October 30, 2019

Charged with Possession of Another Person’s Prescription Drug

Many people think that prescription drugs are safe to use – for good reason. For one, they have been approved by a physician. More importantly, they are legal. However, the same doesn’t apply when you are found in possession of prescription medication that wasn’t prescribed to you, but to someone else. The fact is, you can be charged with a felony if you are caught in possession of someone else’s prescription drugs.

The Arizona Drug Possession Laws

The State of Arizona is known for its strict drug possession laws. The penalty depends on various factors. These include the kind and amount of drug found in the possession of the person arrested, and the individual’s past criminal history. If you are found to be in possession of prescription-only drugs, various charges can be thrown your way. These include:

Illegal Possession of Prescription Drugs

To be convicted of illegal possession of prescription drugs, it must be proven that you knowingly took possession of another person’s prescription-only drugs. The state must also prove that you are aware that the drugs in question are for prescription only. The charge is considered as a misdemeanor. This means you can end up with a 6-month jail sentence. You will also spend 3 years under probation, and pay a mandatory fine of over $1800, including surcharges.

Possession of Dangerous Drugs

Under the law, dangerous drugs are narcotics other than marijuana. These include prescription medicines like Percocet, Vicodin, Oxycontin, as well as benzodiazepines. Proving unlawful possession of dangerous drugs is similar to proving illegal possession of prescription-only drugs. The difference is in the penalties. Illegal possession of dangerous drugs is considered a more serious felony, and therefore the penalties are considerably higher. The charge is a class 4 felony. A. You can face a maximum jail sentence of 3 years and 9 months. While it is a felony under class 4, if you are only charged with your first or second drug offense, under Proposition 200, you can receive a lighter sentence of probation, fines, drug treatment, and community service. That is why you need to get in touch with a reputable and experienced lawyer like Robert A. Dodell, Attorney at Law, right away. This way, you can be sure that your rights are protected from the time of your arrest. Likewise, you can rely on Robert Dodell, Attorney at Law to come up with the best possible criminal defense for you.

Drug Trafficking

This charge involves the possession or transport of unlawful drugs for sale. It is among the most serious of all possible drug charges. It is considered a class 2 felony. For the charge to stick, the state doesn’t have to prove that a sales transaction is going on at the time of the arrest. Finding a specific amount of drugs in your possession is sufficient. The presumption is that you are holding the drugs for sale. If convicted of drug trafficking, you may be sentenced to a maximum of 12.5 years in prison if it is your first offense. If you are found to be a repeat offender, you can be imprisoned for up to 35 years. A drug trafficking conviction likewise disqualifies you from eligibility for parole. If you’re a first-time offender and you are caught with an amount of drugs that is less than the threshold for the presumption of sale, you may be eligible to apply for a parole sentence.

Possible Defenses for a Drug Possession Charge

Following are possible defenses you can use when charged with drug possession:
  •     Issues about actual drug possession
  •     Issues on whether the drug is really prescription-only
  •     Constitutional challenges (including violations of Miranda rights, involuntary confessions, unlawful searches and seizures, and denial of counsel rights)
If you are charged with the felony of possession of another person’s prescription drugs, or any other drug-related charges, contact a reputable attorney right away. Drug charges should always be taken seriously. After all, your life and future are at stake. The lives of your loved ones will also be affected. Contact Robert A. Dodell, Attorney at Law, to protect you.    

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Monday, October 28, 2019

What is a Disorderly Conduct Charge in Arizona?

The disorderly conduct charge is one of the most broadly written statutes on the books in Arizona. Since the law is so broad, the crime can be defined in any number of ways. It’s up to the police at the scene to interpret the law and decide if a disorderly conduct charge is warranted. In fact, it is not unheard of for officers to cite an individual with disorderly conduct if they cannot think of another charge against them. Jail Time and Parole

Arizona Disorderly Conduct Laws

Under ARS 13-2904, disorderly conduct is defined as occurring when an individual knowingly “disturbs the peace” of a neighborhood, person, or group. As you can see, this broad definition may cover a lot of offenses, including:
  • Being ‘unreasonably’ noisy;
  • Behavior, defined as “fighting”, “violent” or “disruptive”;
  • Using offensive physical gestures or language that could provoke someone to retaliate;
  • Preventing others from going about their normal business or disturbing them while they are doing so;
  • Loitering or refusing to disperse a public gathering
Note the use of the word “knowingly.” This means that you cannot be charged with disorderly conduct if you were not aware that you were causing a disturbance. Generally, a disorderly conduct charge is just a class one misdemeanor, whose penalties include a maximum of six months jail time and a fine of up to $2,500 (not including surcharges). You may also be placed under probation. However, if there are firearms involved, the charges will be more serious. According to the law, an individual who recklessly discharges, displays, or handles a firearm may be charged with a felony disorderly conduct. This carries with it heavier penalties, including prison time and larger fines. And if there is an allegation of domestic violence involved, the charges worsen. Typically, the state may add a domestic violence designation to the disorderly conduct charge. This means that if you are convicted, there will be severe sanctions, including the requirement to undergo months of domestic violence counseling. If there are children involved, you may have problems obtaining custody of your children if a custody battle ensues. The court may also order you to find alternative living arrangements or not to contact family members.

Defending a Disorderly Conduct Charge

While a conviction for disorderly conduct may seem relatively minor, it can have serious consequences on your life and your livelihood. An employer may see the conviction as a basis for not hiring you. You may also have difficulty securing education, housing, and other essential services. If the police charge you with disorderly conduct, make sure you invoke your right to remain silent. For the state to convict you of disorderly conduct, they have to prove that you had “knowingly” “disturbed the peace.” Any statement that you make to the police may be used against you to show intent. Despite what police would have you believe, staying silent does not mean you are guilty. Rather, it is a way of protecting yourself against possible abuse by law enforcement officers who may twist your words to secure a conviction. An experienced attorney may be able to get the charges dismissed. Usually, it boils down to someone making a complaint against you and that person claiming that you knowingly bothered them.  The state still has to prove intent beyond a reasonable doubt. The witness or complainant against you may also have ulterior motives or credibility issues that a lawyer can bring out in court. Even if you are convicted, and this is your first offense, the judge may take this into account during sentencing and choose to give you a lighter sentence. For instance, they may only require you to render community service or pay a fine, and not sentence you to jail time. Attorney Robert Dodell is an experienced defense attorney who can help you get the best outcome for your disorderly conduct case. He will conduct his own investigation to determine the facts, and use these to defend you if you go to trial.  You need to protect yourself from a criminal record.

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