A person who is convicted of a felony usually has mitigating circumstances that a court should consider when imposing a sentence. The mitigating circumstances are found at A.R.S. § 13-701(E)(1)-(6):
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The age of the defendant.
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The defendant's capacity to appreciate the wrongfulness of the defendant's conduct or to conform the defendant's conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution.
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The defendant was under unusual or substantial duress, although not to a degree that would constitute a defense to prosecution.
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The degree of the defendant's participation in the crime was minor, although not so minor as to constitute a defense to prosecution.
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During or immediately following the commission of the offense, the defendant complied with all duties imposed under sections 28-661, 28-662 and 28-663.
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Any other factor that is relevant to the defendant's character or background or to the nature or circumstances of the crime and that the court finds to be mitigating. Found on https://www.azleg.gov/ars/13/00701.htm
The Arizona Supreme Court defined ‘duress” in mitigating circumstance (3) as “any illegal imprisonment, or legal imprisonment used for an illegal purpose, or threats of bodily or other harm, or other means amounting to or tending to coerce the will of another, and actually inducing him to do an act contrary to his free will.” Originally found on AzCourts.gov See State v. Herrera, 174 Ariz. 387, 400 (1993). In Herrera, the Court found mitigating circumstance (6) when the defendant fatally shot the deputy because his father ordered him to do it.Mltigating circumstance (6) is a catchall that a person can use when the previous 5 circumstances don’t apply. A person’s lack of a criminal record falls under this circumstance according to State v. Thurlow, 148 Ariz. 16, 20 (1986). Other potential mitigating circumstances are a person’s traumatic childhood, dysfunctional family, personality disorder, poor physical health, strong family support, employment, rehabilitation, cooperation, and/or remorse. Mitigating circumstances are important because a court shall take into account the amount of aggravating circumstances and whether the amount of mitigating circumstances is sufficiently substantial to justify a sentence lower than the presumptive sentence according to A.R.S. § 13-701(F). A court shall impose an aggravated sentence (greater than the presumptive sentence) if the trier of fact finds aggravating circumstances and the court does not find any mitigating circumstances. In other words, the presence of mitigating circumstances allows the court to impose a lower-than-average sentence while their absence requires a higher-than-average sentence. Arizona law on mitigating circumstances is complicated. You need an experienced defense attorney to fight for you. Attorney Robert Dodell, Attorney At Law has over three decades of experience. Call him today for a free initial consultation.
Arizona’s Mitigating Circumstances Law was first seen on http://azcrimlaw.com/blog/ Arizona’s Mitigating Circumstances Law first appeared on:
DUI Attorney - Criminal Lawyer | Robert Dodell Law Offices
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If you are charged with a DUI in Arizona, you should get in touch with many different DUI lawyers that practice in Arizona to know exactly what you can expect when charged with a DUI. During your consultation, the attorney should explain the legal process and what the attorney can do for you. Ask about the cost for legal representation and payment options, so that you know that you're able to afford a private attorney. Make sure we are comfortable with the attorney. Will this attorney be handling your case or will the case be handed off to someone else? Be sure the attorney will be available to answer all your questions when you have them. Communication with your attorney is the up-most importance.
A person who is convicted of the personal possession or use of a controlled substance or drug paraphernalia is eligible for probation according to A.R.S. § 13-901.01(A). The definition of “controlled substance” is the same as that found at A.R.S. § 36-2501 pursuant to A.R.S. § 13-901.01(J). As a condition of probation, the court shall require a person placed on probation to participate in and pay for to the extent of his or her financial ability an appropriate drug treatment or education program administered by a qualified agency or organization that provides programs to persons who abuse controlled substances pursuant to A.R.S. § 13-901.01(D). A person who the court determines has violated probation shall have new conditions established by the court under A.R.S. § 13-901.01(E). The court shall select additional terms it deems necessary, including intensified drug treatment, community restitution, intensive probation, home arrest or any other sanctions except a term of incarceration unless the court determines that the person violated probation by committing a drug offense or imitation substance or drug offense or an act in violation of a court order related to drug treatment. If a person is convicted a second time of personal possession or use of a controlled substance or drug paraphernalia, the court may include additional conditions of probation it deems necessary, including intensified drug treatment, community restitution, intensive probation, home arrest of any other action within the court’s jurisdiction according to A.R.S. § 13-901.01 (F). If a person on probation fails or refuses to participate in drug treatment, the probation department or the prosecutor may petition the court to revoke the person’s probation according to A.R.S. § 13-901.01(G). If the court finds that the person refused to participate in drug treatment, the person is no longer eligible for probation and shall be sentenced under the relevant A.R.S. criminal code section for drug offenses found in Title 13, Chapter 34. Personal possession or use of a controlled substance under A.R.S. § 13-901.01 shall not include possession for sale, production, manufacturing or transportation for sale of any controlled substance pursuant to A.R.S. § 13-901.01(C). The following persons are not eligible for probation under A.R.S. § 13-901.01 and shall be sentenced pursuant to Title 13, Chapter 34:
Pull over safely, using signals to indicate lane change, and come to a complete stop in a safe place. This action demonstrates your alertness and focus on the things that are happening around you and is not necessarily an admission of guilt. When you pull over safely, you’ll have a better chance of figuring what went wrong and what you need to do next.
A stepparent can only obtain imposable parental rights over a stepchild through legal adoption. Sometimes, the biological parent will refuse to agree to a stepparent adoption, but the adoption is still possible if legal conditions exist for a termination of parental rights through a severance trial. However, when all involved parties cooperate, the process is much easier. First, the biological parent needs to hand over their parental rights to the would-be stepparent for a successful adoption. Once the biological parents give consent to the adoptive parent, their parental rights are consensually terminated. In the end, the stepparent will have full parental rights and will be responsible for providing for the child’s financial, medical and emotional needs, inheritance, and other privileges.
