Thursday, September 24, 2020

Difference Between Domestic Violence and Abuse?

Domestic violence and domestic abuse are two common terms that are typically used to describe various unlawful acts in a court of law. There is a thin line between the term domestic violence and domestic abuse. Different statutes may have a slightly varying definition of domestic violence and abuse, but most of the definitions have similar descriptions. The US Department of Justice defines domestic violence as crimes of violence and felonies done by a current or former partner, cohabiting partner, spouse, or intimate partner to the victim. However, some statues, including Arizona’s, also include children victims as part of domestic violence. Domestic violence does not discriminate. Anyone can be a victim of domestic violence regardless of gender, sex, age, race, or religion. Threatening or Intimidating Criminal Defense Domestic violence further includes attempts or intentionally causing the physical injury to a victim. It also incorporates the physical, psychological, and sexual harassment of a victim. If a partner also inflicts fear either by threats, battery, economic exploitation, this is also termed domestic violence. The broadness of the term abuse necessitates one to be specific on what type of abuse was involved. The term domestic abuse is slightly broader than domestic violence. Domestic abuse is not limited to two partners or spouses, but it further extends to other parties such as children, career mates, or non-related parties. Domestic abuse can include coercive control, economic abuse, digital abuse or bullying, and harassment. Other acts such as psychological abuse, physical and sexual abuse, are included as both domestic abuse and domestic violence.

Statistics of Domestic Violence and Abuse

In the US, domestic conflict is more common in women than men. The National Coalition Against Domestic Violence records that 1 in 4 women are victims of domestic violence. On the other hand, 1 in 9 men are victims of domestic violence. In matters concerning domestic abuse, the most common forms of abuse in the US are physical, sexual, and emotional. These three forms of abuse also commonly experienced acts in domestic violence cases. The term abuse is a general term. It is not necessarily limited to individuals, but it also includes other non-living aspects. Abuse of office is a good example that is not essentially limited to an individual. Abuse of office refers to the wrongful use of an official position in denying others their right or using the office for selfish gains. Another form of abuse is the abuse of a substance. Substance abuse typically refers to the illegal use of drugs. Domestic abuse is also a form of mistreatment that happens in domestic relationships. On the other hand, domestic violence is only limited to individuals who have some form of interaction, relation, or cohabitation. The victim involved in domestic violence is inflicted with mental, sexual, or physical pain.

Legal Representation

The legal services required for domestic violence cases are quite like those of domestic abuse. Domestic violence victims and offenders require a lawyer for domestic violence. Different lawyers are needed for each case since there are various forms of mistreatment. A litigant needed in a case of abuse of office is essentially different from sexual. For cases dealing with substance abuse, one may need an attorney that deals in that area. If you are arrested for driving under the influence of alcohol, the best attorney to represent you would be a DUI lawyer. A DUI lawyer is better experienced in dealing with driving under influence cases than a domestic violence lawyer. In a reputable law firm, it is critical that the attorney practices law in the field.. At Robert A. Dodell, Attorney at Law, litigation diversity is a key component of our legal strength. The firm is well equipped to offer focused services to the clients. The firm has a professional and experienced legal counsel who knows the law. Robert A. Dodell, Attorney at Law, is also popular for the aggressive legal defense offered at competitive rates. Quality, assurance, experience, and affordability is what drives Robert A. Dodell, Attorney at Law. The firm is also highly experienced in DUI representation. Robert A. Dodell, Attorney at Law is always ready to deliver any legal counsel that you need.

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Saturday, September 19, 2020

Criminal Charges for not Wearing COVID Face Masks or Coverings

The laws and guidelines surrounding COVID-19 can be complicated. With so many states enacting different laws, it can be difficult to understand what’s happening in Arizona. Currently, some of the laws have changed.

What’s the Difference Between Guidelines and Laws?

There is little known about the COVID-19 virus. While its danger is obvious, the symptoms and overall impact vary from place to place. Health guidelines are frequently recommended for states or countries to stay as safe as possible, but this does not necessarily mean they are enforceable by law. Many communities have their own set of rules that must be followed. In Phoenix, Arizona, refusing to wear a face mask or covering can come with a fine. In Tucson, Arizona, face masks or coverings are also mandatory. According to governor, Doug Ducey, communities can create their own rules for how face masks or coverings should be used.

Face Mask vs. Face Covering

Face masks are not all created equal. There are a wide variety of masks and coverings to choose from. Facial masks can consist of N95 masks or N95 respirators as well as other masks that cover the nose and mouth. Masks are considered a higher level of protection than face coverings and are worn in a variety of spaces. Surgical masks, also known as procedure masks are generally made from thicker material. Face coverings can be created from different types of material. A face covering can be a scarf or other piece of fabric that is worn so that it covers both the nose and mouth, but usually it is still in the form of a mask. Cloth coverings are not classified under personal protective equipment and are not substitutes for respirators or medical masks. Simply put, a face covering is any well-secured cloth that covers both the mouth and nose.

Who Must Wear A Mask or Face Covering?

The requirements which surround mask-wearing can change depending on city and county. Most people over the age of 5 must wear some sort of face-covering or face mask when in public. This is especially true if social distancing is difficult or not possible. Customers or patrons who are attending businesses inside of a building are usually required to wear a mask or covering. This includes spaces such as pharmacies and grocery stores. For particularly crowded areas, a mask or covering may also be required. Children over the age of 5 are still required in many counties to wear a mask or face covering. Even parents of children under the age of 5 are asked to encourage small children to wear face masks or coverings even if it is not mandated. Enforcement actions are not likely to happen for those who cannot force a 5-year-old to wear a mask or covering, but it can still happen. To better understand your rights, legal help is advised.

What Happens If Someone Does Not Wear A COVID Face Mask or Covering in Arizona?

Depending on the city in Arizona, wearing a face mask or covering may be mandatory. If a mask or covering is not worn, it is advised that you call a criminal lawyer if legal action is taken. The Phoenix City Council voted to adopt a mandate that now requires the use of masks and coverings in public. Several other communities are also in favor of this mandate. The mandate is for indoor use as well as outdoor use of social distancing cannot be practiced. In Tucson, Arizona, face masks or coverings are mandatory in public settings. This emergency proclamation was signed by Mayor Regina Romero. According to this law, every person in the city of Tucson that is above age 5, must cover their nose and mouth with a face covering. This law is designed for when people are in public settings and where physical distancing is difficult. Maricopa county officials passed an order that mandates that use of masks or coverings when in a public place. This law is currently in effect. Other face covering laws extend throughout Arizona depending on the precise community.

Penalties and Consequences

Local police throughout a variety of Arizona communities are responding to complaints about those who are not wearing masks or coverings in the state. While it is recommended that people call the non-emergency line when getting in touch with law enforcement, this is still an actual crime. Depending on the location, a fine can cost between $50 and $250. For businesses who do not have their employees wear face coverings, owners can face criminal charges. Businesses must provide employees with masks as well as require their use.

Legal Avenues

For many communities in Arizona, not wearing a face covering or mask can have legal consequences. With competing legal plans, which may enforce or eliminate possible civil or criminal penalties, it is often difficult for people to know what the legal ramifications of not wearing a mask or covering are. Since many mandates vary from county to county in Arizona, finding accurate and up-to-date legal representation is crucial. A criminal defense attorney can help.

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Wednesday, August 26, 2020

Eliminating Your DUI Record in Arizona

Many people who are convicted for driving under the influence want to know exactly when their record may be eligible for setting aside the conviction after all conditions of punishment are satisfied. The set aside is Arizona’s version of an expungement. A criminal history in general can be a real ongoing problem for those convicted, and especially when the charge is for impaired driving. This can be a factor in obtaining employment and even eligibility for government services or housing when there is a drug charge connected to the DUI record. Receiving a DUI citation is a watershed moment in the life of many and expunging the record can be of great importance for those turning over a new leaf in life. Luckily in Arizona, there is a path to cleaning up the record of your conviction after filing a petition to set aside. dui law and eliminating a dui off your record

Preparatory Steps

The first element of requesting a set aside in Arizona is assembling all records associated with the case and proving all penalties have been satisfied as ordered by the court. This includes any probationary period that was ordered following the charge or parole in the event of significant jail time. The seriousness of the charge can have an impact on a judicial decision. The court is not required by law to approve setting the record aside, which is what happens in Arizona. Many states seal the record from public view, but Arizona actually dismisses the case after the convicted defendant presents an organized request for dismissal based on their personal rehabilitation. It is vital to be prepared if you want to make a successful set aside request. For your DUI Arizona set aside, you will typically need records proving:
  • Paid fees and fines
  • Completed probation or parole periods
  • Jail sentence completion
  • Completing mandatory alcohol and / or drug education classes
  • Completing interlock ignition device order periods

Supporting Testimony

Another component of a set aside in Arizona is the allowance of personal testimony from people within the local community supporting the claim of rehabilitation. This can include anyone from police officers to clergymen or city council members, or practically any other member of the community who can attest to a new direction in life for the petitioner. The purpose of the set aside in Arizona is based on the concept of a fresh start, but the court maintains that a fresh start must be earned beyond completing the required conditions of punishment. Having an experienced Arizona set aside attorney preparing your request means you have a legal professional representing the case who understands what the court will accept as proof of rehabilitation.

Importance of a Waiting Period

There is no statutory waiting period for set aside eligibility in Arizona, unlike many other states. Sealing a record is generally routine in some states, as each conviction is assessed individually. Subsequent personal criminal activity does not necessarily affect the sealing of some records in other states. This is not the situation in Arizona. However, a reasonable amount should pass from the completion of the sentence to show you have been rehabilitated.. Any run-ins with law enforcement from the date of offense till the filing of the set aside, can have a major negative impact for those striving for a DUI set aside. A successful set aside for an adult will “release” the individual for “all penalties and disabilities resulting from the conviction.” While it is not absolutely necessary to have an Arizona DUI lawyer preparing and representing a set aside, it is by far the most effective method for a successful petition. There are specific details that must be provided when the request is filed, and the court is not obligated to even grant a hearing when certain legalities prohibit the ruling. The attorney you choose can be the ultimate difference between an approved setting aside of the record and a court denial. Anyone who is seeking an Arizona DUI conviction to be set aside should contact the law office of Robert A. Dodell, Attorney at Law, in Scottsdale for more information.

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Tuesday, August 18, 2020

Unexpected Ways a DUI Can Impact Your Life

People know that a drinking and driving conviction will limit a driver’s freedom – due to mandatory jail and driver’s license restrictions. But it hardly ends there. The decision to drive while intoxicated is a decision that will have ripple effects impacting not only your life but also your loved ones.

Does a DUI Mean that Your Life’s Over?

No, the impact of a DUI on your life does not necessarily cripple your day-to-day living and work, but it is going to be a mess for a while. The first time you’re convicted, it can cost you thousands. You may need to post bail; you need to get an attorney, skip work to attend court hearing, and, if convicted, pay a steep fine, spend time in jail, go to DUI classes, pay for an installation of a breath-testing ignition interlock device, and also pay for it to be removed. if you’re hoping to get a good job in the future, you should know that one attribute employers search for in applicants is good judgement. DUI, if nothing else, indicates poor judgment with potentially fatal consequences. It can be unfair to judge a person based only on one a DUI conviction, but you must also understand that employers will think twice about giving you a chance if they have better alternatives in other applicants.

Ways DUI Can Impact One’s Life

DUI can impact your life in many other ways:

  • Public Humiliation – After the arrest, your mugshot will be taken when you are processed in a jail. This may be reported on in a small town or if you are a person of note. The event will certainly be recorded and will stay on your record for many years, or even forever.
  • Stress - Expect to be stressed out over this.  You will naturally worry about how this will affect your life, your family relationships, your job.
  • Interlock Installation – The installment fee and the monthly fees for the interlock will undoubtedly cause considerable pressure on your pocketbook. However, even with all the hassle and the financial consequences, the device is designed to prevent you from driving with alcohol in your system.
  • Child Custody – Fighting for children custody on an ongoing divorce case? Don’t expect the judge to look kindly on you. A DUI is a red flag that tells the court you may be an irresponsible parent.
  • Insurance – A DUI tells your insurance company you’re a risky driver. Three possibilities for consequences involving insurance are:
    1. Cancellation of coverage
    2. Raising of rates
    3. A requirement that you purchase “high-risk” car insurance
  • Employment – Your employer has the option to fire you, especially if you are working in a field where reputation is of utmost value or if you drive for work. In the future, you may be looking into gaining a license for a different line of work. A DUI could jeopardize your chances of getting such a license, and it will be more difficult to get into sensitive areas like law, finance, and medicine.
  • Travel – You may be prohibited to enter certain countries, even for a simple first-offense misdemeanor. Canada is one of those countries. Even if you have obtained a visa, you may end up being detained and deported.
  • Hefty Price Tag – For those who are unaware, a DUI conviction comes with a huge financial cost.

DUI Penalties in Arizona

In Arizona, the blood alcohol concentration limit is 0.08. Anything above this warrants a DUI arrest. For commercial drivers, the limit is even lower at 0.04, and for people under 21, any alcohol detected can cause the driver to be arrested and charged. For first offense standard misdemeanor DUI (BAC below 0.15%):
  • Jail term of 1 to 10 days
  • Suspension of license: 90 – 360 days
  • Approximately $1500 in files, surcharges and assessments
Second offense standard misdemeanor DUI (BAC below 0.15%):
  • Jail term: 30 to 90 days
  • Suspension of license: 1 year
  • Approximately $3500 in fines, surcharges and assessments
Third offense:
  • At least four months in prison
  • License revocation: 1 year
  • Approximately $4700 in fines, surcharges and assessments
Robert A. Dodell Law Office If you are arrested for DUI in Arizona and don’t know the best steps to take, call Robert. He is an experienced criminal defense attorney in the State of Arizona. He will fight for your rights with an aggressive legal defense.

Unexpected Ways a DUI Can Impact Your Life was first published on robert a dodell, azcrimlaw.com Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

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Wednesday, July 29, 2020

Appealing a Criminal Conviction in Arizona

If a defendant is found guilty of a crime in a jury trial in Arizona, they will likely wonder what their next step should be. Well, when someone receives a criminal conviction, it isn't always the end of the story. The law has built-in safeguards designed to protect anyone who has been wrongfully convicted of a crime. arizona criminal conviction appeals  

New Trial Motion

Often the first step is making a motion to the court for a new trial. The convicted defendant in Arizona has the right to request a new trial within ten days after the entering of their verdict as guilty. A judge also has the discretion to request a new trial on their motion when a defendant is found guilty and sentenced to death. In this case, the defendant must also agree to the new trial.

Reasons For Granting A New Trial

A new trial may be granted if it is established that the verdict goes against the evidence presented at trial or against the law. It may be possible to show that the ruling was significantly prejudiced against the defendant. A defendant can show they did not get a fair and impartial trial based on one of several aspects. It may be possible to establish there was misconduct on the part of the prosecutor, the jury, or even the defense.

Misconduct of the Jury

Jury misconduct can take many different forms. *Determining the verdict by lot and not from deliberation *Accepting some type of bribe *Basing the verdict on evidence that was not properly presented at trial or was stricken from the record *Being intoxicated at the time of deliberations *Making false statements when the jury was selected *Talking to any of the interested parties about the case prior to a verdict

Motion To Vacate Judgment

This can happen when new evidence is discovered that would have changed the outcome of the trial. It may also be determined that the verdict given violated either the law of Arizona or the United States. Under these circumstances, the defendant can file a Motion to Vacate Judgment. This type of motion is required to be filed within sixty days after the entering of a judgment. In this situation, it may also be possible to file a Motion for Modification of Sentence. This must also be filed within 60 days after a judgment is entered.

Motion to Correct Record

It is possible mistakes could be made when it comes to turning a verbal order into writing or when copying information to a docket. Should a court clerk make an honest mistake in judgment, in the verdict, or other areas of the record, as well as any mistakes that are an obvious oversight, the defendant has a right to file a motion that would correct the record. This type of motion can be brought at any time. Should this type of motion be brought after the trial and be denied, it is still possible for a defendant to appeal the motion denial, the original verdict, or both.

Appeal Process

In an appeal, the defendant will be known as an appellant. Once their appeal has been docketed, an appellant will then file a brief. This brief will explain the history of their case, including everything that occurred when the case was in the lower court. It will also explain why the decision went against the law. The State of Arizona will then file an Appellee's Brief on felony convictions.d. This will challenge the appellant's arguments. The appellant may be permitted to file something shorter known as a Reply Brief. Once this is done, the Court of Appeals will determine if oral arguments will be permitted. In these cases, oral arguments are often short. An appellant must include everything they want to be considered in their brief. Once the hearing takes place, no new arguments will be permitted.

Writ of Habeas Corpus

The last action someone can take who believes they've been mistakenly convicted of a crime is to file a Petition for Writ of Habeas Corpus. This is often done after all other possible appeals have been exhausted. It’s a process that may challenge the legality of the defendant's conviction, arrest, or condition of their imprisonment. If a court finds the detention of an individual by the state of Arizona is unlawful, that individual must be released. When an appellate court reviews a case, they are only evaluating the application of the law. With an appeal, there is no jury. An attorney won't be able to provide witnesses or any other type of evidence. The court will make its determination based on the facts disclosed during the trial. This may change if there is a factual finding that obviously goes against the weight of the evidence. Anyone attempting an appeal will need to speak with an experienced criminal attorney. They will know how to obtain the best possible results.  

Appealing a Criminal Conviction in Arizona is available on write up on the Robert Dodell Blog Robert A. Dodell, Attorney at Law

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Friday, July 24, 2020

What Happens If You Violate Coronavirus Lockdown in Arizona?

States and cities have the power to mandate whether residents must stay home, and which businesses may remain opened or closed in response to the coronavirus. The governor’s order requires residents to limit their time away from home except when they engage in essential activities. In Arizona, essential activities include working essential jobs and exercising. Hiring a Criminal Lawyer to Represent You

Law Enforcement is Instructed to Warn Before Arresting

If you fail to comply with the lockdown order, you may face criminal penalties. However, law enforcement has been instructed to provide residents with an opportunity to comply with lockdown orders before they perform an arrest. The governor of Arizona has expressed concern over protecting the civil liberties of Arizona residents and wishes to strike a balance.

Lockdown Violations are a Class 1 Misdemeanor

Law enforcement is empowered under A.R.S. § 26-303(E)(1). The violation of a lockdown order is a Class 1 misdemeanour. You might face fines and up to six months in prison. The law enforcement officer must first inform you of the requirements and give you a chance to comply with the new shutdown orders. They also cannot ask for your papers or proof that your activities are justified. If the officer does choose to seek criminal charges, you are unlikely to face jail time and will more likely be issued a citation to appear in court. You will most likely pay a fine.

Health Department Regulations

The governor also provided the Department of Health Services with the power to create regulations. Violating some of these regulations would be considered a Class 3 misdemeanor and may involve fines and jail time in rare cases.

Related Misdemeanors You May Be Charged With

If you place others in danger, you may face more serious penalties. For example, the Arizona criminal code has a section called "Offenses Against Public Order". This includes conduct that is "unreasonable under the circumstances", and "recklessly creates a condition that endangers the health or safety of others". Those who violate this have committed a Class 3 misdemeanor. Also, if you injure the health of someone else, this is considered a Class 2 misdemeanor. For those who receive a Class 2 misdemeanor, you may be imprisoned for up to four months. For those who committed a Class 3 misdemeanor, you may be imprisoned for up to 30 days.

Consequences

If you are arrested for violating the lockdown order, you may want to contact a lawyer. The last thing you want on your record is a misdemeanor charge. Not only can the fines and possible imprisonment substantially disrupt your life, but you will have a criminal record regardless of how minor the crime was. This record will always follow you, and some employers have blanket bans on any type of conviction. A college admissions office may also learn about the misdemeanor and deny your application as a result. Landlords will sometimes deny an applicant when they discover a misdemeanor on their record. It is vital for anyone being charged with a misdemeanor to do their utmost to try to avoid being found guilty.

Legal Defenses

To avoid a criminal record for a lockdown violation, you could argue that you were engaging in an activity allowed under the lockdown orders. For example, you are allowed to exercise and walk your dog as long as you follow social distancing rules. You may also be accused of not staying at home when you were actually on your property during the incident. You may face criminal charges if you have a gathering of more than ten people. However, your defense may allege that one of the individuals in the gathering was not supposed to be a part of the gathering or was not close enough to the rest of the group to be considered a part of the group.  Another defense crafted by a criminal lawyer against the violation may be that you were placed under duress or coercion. Any threat of intended harm to force you to perform an action would be considered duress. You may have also violated the lockdown order as an act of self-defense. With Robert A. Dodell, Attorney at Law, you will be able to obtain the services of a knowledgeable attorney to help you defend against the charges.

What Happens If You Violate Coronavirus Lockdown in Arizona? was originally published to robert a dodell, azcrimlaw.com Robert A. Dodell, Attorney at Law

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Sunday, July 19, 2020

When is Self-Defense Justified in Arizona?

When you find yourself in a self-defense situation, you may assume that you can defend yourself to the fullest extent allowed by law.   However, if you attempt to claim self-defense after a violent or deadly encounter, you will discover that there are limits to self-defense and you may even face criminal charges if you go too far. Arizona has self-defense laws referred to as "stand your ground" laws, and you will have the opportunity to defend yourself without being forced to retreat. You may also use threats instead of force. If someone were to start punching you, Arizona law permits that you punch them back until they are no longer a threat. However, the use of unreasonable force may open you up to civil liability. Threatening or Intimidating Criminal Defense You are allowed to defend yourself against physical force, and you may use physical force to stop:

  • Arson
  • Burglary
  • Kidnapping
  • Manslaughter
  • Murder
  • Child molestation
  • Sexual conduct with a minor
  • Armed robbery
  • Aggravated assault
In some cases, you will not be charged at all if the law enforcement officer and prosecutor finds that you were clearly acting in self-defense. However, if you are arrested, the prosecution must prove beyond a reasonable doubt that you did not use justified force. Castle laws exist in some states and allow a resident to use lethal force if someone enters their home. While Arizona does not specifically have a castle law, statutes permit residents to use lethal force when an intruder breaks into your home.

When You May Not Use Physical Force

Physical force may not be used in certain circumstances. You must not use physical force if the other party issued a verbal threat. Instead, it must be a threat of physical force that is imminent or the other party must threaten to commit a crime. You are not allowed to use self-defense when the other party using force is a law enforcement officer. The police are granted special privileges to allow them to do their jobs including the option to use physical force. You must avoid using deadly force unless you had a reasonable fear that your life was in danger, and you should only use deadly force as a last resort. The police will likely charge you with a crime if you injure or kill an innocent third party in the process of engaging in self-defense. Some self-defense cases involve provocation where you may have encouraged the other party to attack you by taunting them. Under these circumstances, you may not use self-defense as an argument. However, if you may communicate a clear intent to withdraw and you may then claim self-defense if the other party continues to use force.

Why You May Need an Arizona Criminal Attorney

Even when you believe you are lawfully acting in self-defense, the prosecutor may describe a different version of the events. You will need an experienced Arizona criminal defense attorney to help you. Robert A. Dodell, Attorney at Law, may find an expert witness to assist in the self defense claim. To prove that your act of self-defense was justified, your defense attorney, Robert A. Dodell, will interview witnesses and call on them to testify. Some cases can test the limits of the law. For example, you may have shot the other party while he was choking you. Because the judge and jury ultimately decide whether your use of force was justified, always be hesitant to use deadly force unless you believe that your life is in danger. You will need a lawyer in self-defense cases because the laws in any state are subject to change and you will need to craft a defense based on facts of the case, current laws and available precedent. Contact Robert A. Dodell, Attorney at Law, for help.

When is Self-Defense Justified in Arizona? Find more on: www.azcrimlaw.com/ Robert A. Dodell, Attorney at Law

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