Saturday, September 16, 2017

Drug Sentencing in Arizona: Practical Policy Recommendations

American Friends Service Committee-Arizona analyzed the court records of people who were sentenced to prison for a drug crime in Maricopa, Pima and Yavapai counties in 2015. They discussed their findings and recommendations in Drug Sentencing in Arizona: A Prescription for Failure, by Rebecca Fealk, MPA, and Caroline Isaacs, MSW, August 2017. All quotes and data are taken from their report. The report recommended defelonizing drug possession, expanding non-criminal justice interventions, restructuring drug sentences, and utilizing public health and harm reduction approaches. Drug Defense Attorney- Criminal Lawyer

Defelonizing drug possession would save Arizona a lot of money:

“In one year in Pima County, 60.39% of people were charged with possession for 2.5 grams or less of a drug. We can assume these are likely individuals struggling with an addiction. Seventy-six percent of these individuals went to prison for their possession, not probation or treatment. They were sentenced collectively to 352 years in prison, meaning that this one county, in just one year cost taxpayers over $8.3 million to incarcerate people charged with low-level possession.” Originally found published on Prison Legal News.
 

Expanding non-criminal justice interventions would save Arizona money:

“Drug treatment, trauma counseling, and medical care should be the first line of defense against the disease of addiction, not state surveillance or incarceration. Aside from being more effective, one report found that for every dollar spent on substance abuse disorder treatment saves $4 in health care costs and $7 in criminal justice costs. Types of drug treatment vary, and like any other health issue, different treatments work for different people. . . “ Originally found published on Prison Legal News.
  The report stated that medical monitoring, residential treatment, and intensive outpatient services had been recommended by the U.S. Surgeon General as proven options for reducing addiction. Restructuring drug sentences would mean abolishing the practice of charging a person with possession based on residue or admissions of use within the last 72 hours and a positive urine test result. It would also mean abolishing the use of sentence enhancements for prior convictions when the nature of addiction dictates that most people are likely to relapse. The report noted:
“Far from stemming drug use or making communities safer, these overly harsh [Arizona] laws have served to clog our prisons with drug addicts, deny them meaningful treatment while incarcerated, and then release them with a felony conviction that bars them from meaningful employment, safe housing, or other critical services.”
 

Utilizing the following public health approaches would save lives and encourage treatment:

911 Good Samaritan Laws: 911 Good Samaritan Laws exempt people who call 911 for help during a drug overdose from arrest and prosecution of drug possession crimes. At the time of this report, 37 states and the District of Columbia have passed 911 Good Samaritan Drug Laws. This law saves lives. 911 Good Samaritan laws have been supported by police and emergency medical technicians (EMTs), as they are often the first to respond to overdose emergencies. Clean Needle Exchanges: Also known as syringe access, these laws allow for people or organizations to provide those who use an intravenous drug with sterile needles without fear of arrest or punishment. Implementation of such programs has occurred in various states and cities, from all political ideologies. Opiod Urgent Care: Using the same process as general urgent care centers, the opiod urgent care model allows those who want addiction treatment rapid access to treatment, counseling, and healthcare resources. Targeted marketing is needed to draw in the affected populations, but the structure can be integrated into the general healthcare model over time, evolving addiction treatment into a norm and not a taboo.”
Arizona may never defelonize drug possession or implement any of these policy recommendations. If you or a loved one has been charged with drug offenses, you need an experienced criminal attorney in Scottsdale, AZ to defend you. Robert A. Dodell, Attorney At Law has over thirty years experience. Call him today for a free consultation.

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10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

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Thursday, August 31, 2017

Robert A Dodell, Attorney At Law Announces Charity Donation Program

Are You Looking For An Attorney to Help With Your Adoption?

The law practice of Scottsdale attorney, Robert Dodell represents a client base of foster parents who adopt dependent children in Arizona. Effective immediately, Robert Dodell will donate a portion of legal fees to a charity of choice by the foster parents.
Robert A. Dodell, Attorney At Law, is pleased to announce that, effective immediately, he will be donating 10% of the legal fees to the charity of the foster parents choosing upon completion of the adoption. This offer expires June 30, 2018, for foster parents. The adoption does not need to finalized by that date, but attorney Robert Dodell must be retained prior to June 30, 2018, for the offer to be valid. The Scottsdale attorney has long represented foster parents adopting dependent children through the Arizona Department of Economic Security, Department of Children Services. Robert A. Dodell adoption attorney has found those adoptions particularly important and satisfying, as it removes children from the foster care system and places them in a permanent loving home. Adopting a child is an exciting step in one’s life. It is always a privilege and a pleasure to help people who want to offer their homes and support to a child. In the legal aspects of the adoption processes, it is critical to retain an attorney who understands the law and who will assure that all the paperwork is accurately and fully completed. Robert A. Dodell takes great pride in helping people through the adoption process. He will help prospective parents navigate the process efficiently and effectively. He will address all legal matters as the parents bring a new child into the family. Robert will assist with every step of the adoption process. In addition to adoption legal services, Robert Dodell provides personal legal services in the areas of criminal defense, DUI and domestic violence. Additional services for juveniles include juvenile delinquency defense and juvenile dependencies. Robert encourages prospective clients to visit the blog at https://azcrimlawblog.wordpress.com for a wealth of information about all things legal. The blog posts cover a broad range of topics, written in a manner that will help potential new clients, students, and his peers. Source URL: https://marketersmedia.com/robert-a-dodell-attorney-at-law-announces-charity-donation-program/234103
  Robert A. Dodell, Attorney At Law 10601 N Hayden Rd, #I-103 Scottsdale AZ 85260 (480) 860-4321 http://www.azcrimlaw.com

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10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Saturday, August 19, 2017

Parole in Arizona: A Legal Illusion

You may be surprised to learn that Arizona abolished parole for murderers in 1993. What’s even more surprising is that defendants continued to be sentenced to “life with chance of parole” after 1993. Arizona Republic reporter Michael Kiefer wrote an excellent article called “The Myth of Parole in Arizona” that can be found at AZCentral. All facts and quotes come from his article. In 1993, the Arizona Legislature passed a Truth in Sentencing law that abolished parole and disbanded the parole board. The Arizona Board of Executive Clemency was created to take its place. The sentence was changed from “life with chance of parole after 25 years” to “life with chance of release after 25 years. As Mr. Kiefer explained:

“Life with chance of release, in effect, is a mitigated sentence, meaning it is imposed when there are circumstances that render the crime less horrible than a murder that calls for natural life or death. Life sentences also may be imposed for conspiracy to commit first-degree murder, sexual conduct with a child, and in certain cases where a repeat offender is deemed incorrigible.” Originally seen published on http://www.azcentral.com/story/news/local/arizona-investigations/2017/03/19/myth-life-sentence-with-parole-arizona-clemency/99316310/
  Although the sentences sound similar, the change meant that the only chance for release was to obtain a pardon or sentence commutation from the governor:
“But under the new system, there is no automatic hearing. Instead, the prisoner has to petition the Board of Executive Clemency, which would likely require a lawyer. The board can then choose to hold hearings on the prisoner’s likelihood to stay out of trouble and make a recommendation to the governor. Rather than parole, the prisoner needs a pardon or a sentence commutation. Only the governor can provide those.” First see on http://www.azcentral.com/story/news/local/arizona-investigations/2017/03/19/myth-life-sentence-with-parole-arizona-clemency/99316310/
  Only four people were accidentally sentenced to “life with parole” in 1994 and 1995. The Arizona Republic reviewed relevant sentencing minute entries between January 1, 1994, and January 30, 2016, and found that 248 offered a chance of parole which contradicted the law. 175 of those sentences were imposed in Maricopa County Superior Court. Of these 248 sentences, 90 came about through plea agreements. Apparently, prosecutors, defense attorneys and judges never informed defendants that parole had been abolished and their only hope was to try to obtain a pardon or sentence commutation by filing a petition with the Arizona Board of Executive Clemency. Mr. Kiefer interviewed several prisoners who informed him that they were never told that parole didn’t exist and that they relied on the chance of parole when they decided to enter into plea agreements. The first prisoner will be up for illusory parole in 2019. Arizona politicians have not addressed the issue. Maricopa County Attorney Bill Montgomery stated that he thinks the solution is just to admit that the sentences were in error and correct the paperwork. Kathy Brody, Legal Director of the ACLU of Arizona, remarked: “It’s a contract. It’s a deal. How can you say it’s a knowing and voluntary decision (by the defendant) if it’s an incorrect sentence?” Judges thought that the issue would have to be resolved on a case-by-case basis or even in federal district court. Unfortunately, no one mentioned reestablishing parole in Arizona as a possible solution. It will be interesting to see what happens in two years. If you or a loved one has been charged with an offense where you are facing 25 years with a chance of release, you need an experienced attorney on your side. Attorney Robert A. Dodell has over thirty years experience. Call him today for a free initial consultation.  

Parole in Arizona: A Legal Illusion is republished from Law Offices of Robert Dodell Parole in Arizona: A Legal Illusion first appeared on:

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10601 N Hayden Rd, #I-103

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Wednesday, August 9, 2017

Proposition 200 Probation for Drug Offenses

How Prop 200 Can Affect Your Drug Case

In 1996, Arizona voters passed Proposition 200. Part of Proposition 200 became A.R.S. § 13-901.01 entitled “Probation for persons convicted of possession or use of controlled substances or drug paraphernalia; treatment; prevention; education; exceptions; definition.” 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:
  • A person who has been convicted of or indicted for a violent crime as defined in A.R.S. § 13-901.03 as any criminal act that results in death or physical injury or any criminal use of a deadly weapon or dangerous instrument. See R.S. § 13-901.01 (B).
  • A person who has been convicted three times of personal possession of a controlled substance or drug paraphernalia. See R.S. § 13-901.01(H)(1).
  • A person who has refused drug treatment as a term of probation. See R.S. § 13-901.01(H)(2).
  • A person who has rejected probation. See R.S. § 13-901.01 (H)(3).
  • A person whose offense involved methamphetamine. See R.S. § 13-901.01(H)(4).
  A court is not prohibited from placing a person ineligible for A.R.S. § 13-901.01 probation under probation pursuant to A.R.S. § 13-901 if the person otherwise qualifies for probation under that section according to A.R.S. § 13-901.01(I). If you or a loved one has been charged with a drug offense, you need an experienced attorney to see if probation under A.R.S. § 13-901.01 is possible. Robert A. Dodell, Attorney At Law has over thirty years experience. Call him today for a free initial consultation.   Robert A. Dodell, Attorney At Law 10601 N Hayden Rd, #I-103 Scottsdale, AZ 85260 (480) 860-4321 http://www.azcrimlaw.com/  

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Thursday, July 27, 2017

Prior Convictions in Arizona

Arizona has a detailed definition of “historical prior felony conviction” which is found at A.R.S. § 13-105(22).  

The following are all considered a “historical prior felony conviction”:

  • Any prior felony conviction that mandated a term of imprisonment except for a violation of Chapter 34, Title 13 involving a drug below the threshold amount. See R.S. § 13-105(22)(a)(i).
  • Any prior felony conviction that involved a dangerous offense. See R.S. § 13-105(22)(a)(ii). A “dangerous offense” is any offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person. See A.R.S. § 13-105(13).
  • Any prior felony conviction that involved the illegal control of a criminal enterprise. See R.S. § 13-105(22)(a)(iii). Surprisingly, “criminal enterprise” is not defined in the Arizona Revised Statutes or case law. The State would most likely argue that any prior felony conviction where a person was convicted along with one or more co-defendants was “involved in the illegal control of a criminal enterprise.”
  • Any prior felony conviction that involved aggravated driving under the influence of intoxicating liquor or drugs. See R.S. § 13-105(22)(a)(iv).
  • Any prior felony conviction that involved any dangerous crime against children as defined in A.R.S. § 13-705. See R.S. § 13-105(22)(a)(v). A “dangerous crime against children” is basically any sexual or violent crime where the victim is under age 18.
  • Any Class 2 or 3 felony other than those listed in subsection (a) above that was committed within the ten years immediately preceding the date of the present offense. See R.S. § 13-105(22)(b).
  • Any Class 4, 5 or 6 felony other than those listed in subsection (a) above that was committed within the five years immediately preceding the date of the present offense. See R.S. § 13-105(22)(c).
  • Any felony conviction that is a third or more prior felony conviction. For the purposes of this subsection, “prior felony conviction” includes any offense committed outside of Arizona that was punishable by that jurisdiction as a felony. See R.S. § 13-105(22)(d).
  • Any offense committed outside of Arizona that was punishable by that jurisdiction as a felony and that was committed within the five years immediately preceding the date of the present offense. See R.S. § 13-105(22)(e).
  • Any offense committed outside of Arizona that involved the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of death or serious physical injury and that was punishable by that jurisdiction as a felony. A person who has been convicted of a felony weapons possession violation in any court outside of Arizona that would not be punishable as a felony under the laws of Arizona is not subject to this paragraph. See R.S. § 13-105(22)(f).
  If you or a loved one has historical prior felony convictions, you need an experienced attorney. Attorney Robert A. Dodell has over thirty years experience. Call him today for a free consultation.

The following blog post Prior Convictions in Arizona is available on Top Rated Prior Convictions in Arizona first appeared on: DUI Attorney Scottsdale - Scottsdale Criminal Lawyer | Robert Dodell Law Offices 10601 N Hayden Rd, #I-103 Scottsdale, AZ 85260 (480) 860-4321 https://goo.gl/maps/diwY4pu8X5m

Tuesday, July 18, 2017

Robert A. Dodell, Attorney at Law Announced Its Legal Services in Tempe, AZ

A legal defense attorney with over 30 years of professional experience in Tempe, AZ.

Robert A. Dodell has recently announced the availability of his legal services for domestic violence, criminal defense, juvenile dependencies, juvenile defense and as an adoption attorney in Tempe, AZ
 — Robert A. Dodell has been providing legal services for people seeking legal counsel in the areas of domestic violence, criminal defense, DUI/DWI and juvenile defense for over 30 years. His experience, expertise and a proven track record has made him one of the best criminal defense lawyers in the city. His firm has recently made an announcement in which the company has confirmed that he will now be providing his legal services as a criminal lawyer in Tempe, AZ and the firm will be assisting its clients with complete dedication. “Robert has more than 30 years of experience in providing personal legal services to his clients. In those 30 years, he has successfully handled thousands of cases and gained a tremendous reputation for himself", the representatives from the firm said. They added, "With our firm now serving the city of Tempe, AZ, we wish to make sure that people in need of legal counsel get the best possible services and consultation from Robert A. Dodell, Attorney at Law in Tempe, AZ.” Hiring the best possible attorney in case of being convicted of a crime, even a misdemeanor is highly suggested; otherwise, one could end up incarcerated or may face heavy fines, probation, counseling, suspension of license or loss of civil rights. Being convicted also means the chances of finding a job can also be limited. “We understand that such instances can completely change one’s life and make it difficult for the convicted person and their loved ones. We are committed towards serving our clients with sensitivity, create an atmosphere of open communication, give complete attention to each and every detail and provide them correct legal guidance”, the representative said. They added that with someone as experienced as Robert representing them, defendants can rest assured that their case is in professional hands and can hope for a positive result. “Whether people need a criminal or DUI attorney in Tempe or they seek legal aid in cases of domestic violence, juvenile crimes or any other matter, Robert makes sure to provide a direct and personal contact with the clients he works with. He is committed towards his clients and is involved in their cases right from the start to finish”, they mentioned. Robert A. Dodell, Attorney at Law, as a firm, works towards a goal of offering more than just a regular law firm. Potential clients in the city of Tempe can now seek the legal aid from a seasoned attorney with a proven track record. For additional information and tips, visit the blog at http://azcrimlaw1.blogspot.com Originally posted on: http://marketersmedia.com/robert-a-dodell-attorney-at-law-announced-its-legal-services-in-tempe-az/216174 For more information, please visit http://tempe.azcrimlaw.com/practice-areas/

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Wednesday, July 12, 2017

Surviving a Traffic Stop — What You Should Do

Being pulled over by the authorities, known as a traffic stop, can be a nerve-racking experience, especially when it is your first time or if you do not have any idea of what you’ve done wrong. But don’t panic, breathe, and remember that what you do and say can be critical and may have an immense effect on any legal proceeding that might follow, whether it be a simple violation or a more serious crime. Surviving a traffic stop will greatly depend on your next actions.  

Here are some tips to surviving a traffic stop.

 

Tip 1: Pull over right away.

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.  

Tip 2: Stay focused and make sure that your license, ID, vehicle registration, and mobile phone are within reach.

A valid license, vehicle registration and proof of insurance are the most important things you need to have in a traffic stop. It is important that these things are all visible and within your reach but do not proactively hand them over to the officers. When they ask for such, you should not have to check underneath your seat, grab your bag, or open anything in your car just to get these items. Reaching out for something will never look good in traffic stop situations.  

Tip 3: Keep calm, never make sudden movements, and don’t get out of your vehicle unless asked.

The officer will be attentive to your every move and a slight movement might suggest that you’re attempting to cover up or hide anything. A traffic stop can be very stressful but it is not an excuse for you to be overly nervous. Be sure to stay calm as any sudden movement, especially getting out of your vehicle without being asked, can be perceived as a threat or an attempt to flee.  

Tip 4: Be polite, listen, and follow commands.

Showing courtesy might go a long way in traffic stop situations. Be polite and follow the officer’s directives. An officer is normally not allowed to search your vehicle but there are exceptions to this rule. You would not want to give them any reason that might lead to this exception. You should let the officer talk and you should respond when appropriate. Sometimes, it can be tough to gauge the right answer or know exactly what to say, but regardless of the situation, do not argue.  

Tip 5: Know your violation, learn from it, and consult an attorney if necessary.

Simple warning and violations don’t necessarily require assistance from a lawyer. Sometimes, all you need is to accept it, know the violation, and learn from your mistake. Some officers might even give you a valuable tip on how you can avoid such situations in the future. For more serious accusations and violations, it is always best to consult an attorney. A good and knowledgeable lawyer will help you determine whether there is a basis for the violation and will be able to guide you through the process and provide advice on how you should deal with it.

The following post Surviving a Traffic Stop — What You Should Do See more on: write up on the Robert Dodell Blog

Saturday, July 8, 2017

Friendly Tips on Finding a Reliable Lawyer for Stepchild Adoption in Arizona

There are so many reasons for stepparents to adopt children in Arizona. It is common that the stepparent wants to consider the child as truly their own, not just emotionally, but legally. The same can be said for the child. Often the child wants to share the same surname as the stepparent. Another crucial reason is to give the right to inherit. So whatever purpose you may have for adopting a child, it’s important to understand the legal terms in the adoption process. For best results, you can work with a reliable lawyer that specializes in stepchild adoption in Arizona.  

Adopting a Child in Arizona

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.  

Is Adoption the Right Decision for Stepparents?

Adopting a child makes a more solid family bond. In addition, stepparent also get legal responsibilities for the child just like his biological parents. But since the stepchild will need parental and financial support, adoption is lifetime commitment. Think about all the possibilities before asking the original parent to relinquish their rights. After the adoption, you will be responsible for all the needs of child. Once the parental right are transferred and you are granted full custody of the child, he will be considered your own.  

Making the Adoption Process Simpler

If you really want to make sure this process goes smoothly, you need a well experienced lawyer to handle your case. When finding the perfect lawyer, consider his background. He should be knowledgeable in handling stepchild adoption cases in Arizona. After you find the attorney who will help you, you have to get started with the paperwork by filing out the Consent to Adopt form. You will also need to undergo the process called Petition to Adopt. The Arizona State Legislature requires a social study in the adoption process. A background check is required for the stepparent. You should discuss the full process with your attorney.  

Advantages of Having a Stepparent Adoption Lawyer

Since adoption is an arduous and lengthy process, you need to have your own legal counsel. This will guide you in making informed decisions before you finally adopt a child in Arizona. Your attorney will handle all the paperwork as the case progresses. He will also represent you in the legal proceedings and guide you through the court hearings. Hiring a lawyer for this matter also increases your chances of officially becoming a stepparent. Do not take unnecessary risks that could result in more expenses. Work with a reputable adoption lawyer today. Read more about Robert A. Dodell Adoption Legal Services here.

The blog post Friendly Tips on Finding a Reliable Lawyer for Stepchild Adoption in Arizona was first published to azcrimlaw.com

What Is Entrapment in Arizona and How Can This Affect Your Case

Entrapment is an affirmative defense, meaning, the defendant admits that the criminal charge has substantial elements and wants to be relieved of punishment. For him to use the entrapment defense, he has the burden of proving that the law enforcement planted the idea of committing the crime, influenced him to commit the offense, and that he was not predisposed to commit such act if it was not for the law enforcements’ actions.
For a clear picture of entrapment, let’s say that there’s a person who has a regular job which covers his everyday needs. One day, a stranger (someone with law enforcement or working for law enforcement in disguise) approaches him and coerces him to sell drugs. Because of the pressure from the law enforcement, he is forced to do the criminal act. After he has committed the crime, the police arrest him for drug trafficking. He faces trial and admits, “Yes I did it”, to the substantial elements of the crime. But he successfully proves an entrapment defense and is found not guilty of the charges against him.
Proving an entrapment defense can help you in getting a favorable verdict. There are important elements that you have to keep in mind for you to successfully use this.
First, you don’t deny of your knowledge of the crime. A denial would automatically exempt you from using an entrapment defense.
Second, you have to admit to the substantial elements of the crime. It is not enough that you keep quiet and not deny the charges against you. Silence and not challenging the evidence and testimony do not mean you are admitting to the crime. You need to make a clear confession of your participation.
Third, it is not sufficient that you prove that the police presented the opportunity to commit the act for the entrapment defense to hold. Law enforcement must also draw you to action through pressure and coercion.
Fourth, you should prove that you would not have done the act if law enforcement did not force you to do so. It is important that you present that you would have not committed the crime if you and the law enforcement never met.
Last, you are not allowed to use the entrapment defense if you were planning to do the crime even before you were approached by law enforcement. It is not enough to claim entrapment just because the law enforcement hid his or her true identity from you.
When you are charged with a criminal offense, it is useful to know of the possible legal defenses that can be used to defend oneself.  This can increase your chances of getting a positive result. An entrapment defense can be useful under the right circumstances.
Entrapment can pertain to different aspects criminal and DUI cases. Read more about out services at:
The post http://www.azcrimlaw.com/criminal-legal-defense/drug-crimes/what-is-entrapment-in-arizona-and-how-can-this-affect-your-case/ was first seen published on Robert A. Dodell Attorney at Law Blog.

Wednesday, June 28, 2017

A Breakdown Of Arizona Stalking Laws

Stalking constitutes behaviors such as sending excessive texts or emails as well as making excessive phone calls. It also involves sending unwanted gifts and showing up at uninvited places. Such behaviors are considered illegal and unacceptable and that’s where Arizona stalking laws come in handy.

What You Should Know

Under Arizona law, stalking is defined as knowingly or intentionally engaging in behavior directed towards another individual with whom the victim has or had a romantic or sexual relationship, or has resided with the victim within the last six months. Conduct must cause the victim to suffer emotional distress, damage to their property or reasonable fear of physical injury. That injury can be to the victim, the victim’s family member or pet. Conduct the causes the victim to fear death or the death of a family member or pet is another version of stalking, which carries greater penalties.

Type Of Felony for Stalking

Stalking offences that might cause an individual to fear for his or her personal safety are usually categorized as class 5 felony. Those that result in fear of death are categorized under class 3 felony. For the class 5 felony charges, the punishment includes up to 3 years probation, spending 1 year in jail or a prison sentence of at least 6 months to 2.5 years depending on the severity of the charges. Note that, if the stalker has prior felony convictions, the prison sentence carries an additional prison time.
For the class 3 felony criminal charges, the punishment includes up to 5 years probation, spending 1 year in jail or at least 2 years to a maximum of 8.75 years in prison. Here, prior felony criminal convictions can also lengthen the prison sentence.
A stalker may also get receive additional criminal charges if there is a protective order in place preventing the defendant from contacting the victim.
Stalking can be a frightening and terrorizing experience for the victim. Best not to go there in the first place. However, if you’re charged with the crime of stalking, you should find a good Arizona criminal defense attorney to assist with the case.
The post A Breakdown Of Arizona Stalking Laws was originally posted on www.azcrimlaw.com
 

Thursday, June 8, 2017

3 Great Qualities Of A Defense Lawyer For A White-Collar Case

Is someone accusing you of fraud, or anything having to do with a large sum of money? This is a white-collar case and you need quick help. This is a criminal case. You will facing the government in the courtroom. Given that, you will have to look for lawyers from private law firms. Many law agencies have experts who are highly skilled at crafting a credible white-collar criminal defense in Arizona. Severe penalties await those who will be convicted following a white-collar trial, so make sure you pick the best lawyers. What qualities do you need to consider?  

Experience is very important

White-collar cases can be quite complex. Since yours is considered to be a difficult case, choose lawyers who are known in the industry to have handled complicated cases in the past and have won many of them. Some choose one who once worked as a prosecutor representing plaintiffs in white-collar cases. While that kind of experience is not necessary, it may be advantageous for you to work with someone who has had dealings with both sides.  

The lawyer keeps you informed

You want to look for the quality of an experienced lawyer that is willing to fight for your rights till the end of your case. Your lawyers must also be able to care for you as an individual who needs to be kept informed of how your case is going. You need an established attorney that will be able to advise you of all your options from start to finish. Your legal defense options for a white-collar crime will have different potential outcomes. An experienced attorney such as Robert A. Dodell will be able to advise you on potential outcomes.  

The lawyer acts proactively

The truth of the matter is that you can make a lot of wrong decisions. Law enforcement will attempt to gather as much evidence against you as possible, to put you in a bad light. A criminal defense attorney works to protect your legal rights when dealing with law enforcement. He/She will not allow you to waive your constitutional rights without you knowing fully the legal implications of your actions. A skilled defense attorney knows that there are remedies. If ever you will be arrested, the case must be fully investigated and a defense must be prepared. Often, the defense attorney and the State attempt to resolve the case through a plea negotiation before proceeding to a trial. If the white-collar cases cannot be resolved though these out-of-court negotiations, your skilled defense attorney will be prepared for that trial. Robert A. Dodell, Attorney At Law 10601 N Hayden Rd, #I-103 Scottsdale, AZ 85260 (480) 860-4321 http://www.azcrimlaw.com/

3 Great Qualities Of A Defense Lawyer For A White-Collar Case Read more on: Robert Dodell Law Offices

Friday, June 2, 2017

How Do I Get A DUI Off Of My Record?

A DUI or DWI can have a devastating effect on your life. The good news is that Arizona has a procedure you can go through that lets you set aside the conviction from your record. This is good if you have problems with the charge popping up when you are looking for work or trying to find a place to live. There is not a specified amount of time you have to wait if you want to get your record set aside in Arizona, and different courts will require different time frames. It is best to discuss this with an attorney that deals in set asides and DUIs. You also have to meet certain requirements in a lot of cases in order to remove the DUI off of your record. To get something like this set aside, you have to work with a Court. The Court will need to check whether you've had more issues after your DUI. A copy of your driving record will assist the court. It is best to have no pending driving issues and your license should no longer be suspended. This is why you need to be very careful after getting charged, because any mistakes can lead to a denial. It is best to find an attorney to work with instead of researching your options on your own. The DUI will automatically fall off of your driving record after a certain period of time, but it is always on your criminal record. Otherwise, if you don't do anything about it to get it set aside through the courts, it will remain on your criminal record for the rest of your life. A big problem with that is later on you may want to try to find employment only to learn that you can't be hired due to your record. Know that the more DUIs you get, the worse the punishments are. With more DUIs also comes less of a chance of you getting it taken off your criminal record no matter what you do. Until you get a DUI you don't know how bad it can actually be. The good news is that there are options. Once you hire the right attorney to work with, they should be able to file an application with the court where you were convicted. A set aside will all depends on the court. So getting the right attorney to assist you is imperative.  

How Do I Get A DUI Off Of My Record? was first published to Top Rated

Tuesday, May 30, 2017

Right to a Fair and Impartial Judge

Can You Request A New Judge?

It is stated in the law that both the State and the Defense have the right to a fair judge. This means that a fair and impartial judge must be made available to any parties under criminal litigation. A change of judge can then be requested with or without cause as needed.  

With Cause

Whenever requesting a change of judge with cause, it must be stated in clear, full details as to why such request has been made as to ensure that it is still in line with the integrity and fair functions of the judicial system. This is a change of judge as a matter of right. This motion must be filed within ten days of the discovery that grounds exist for changing the judge. The requesting party must assure that such a request is only done in good faith. If the assigned judge does not agree that cause exists, the presiding judge provides a hearing on the matter before another judge to determine by the preponderance of the evidence whether a change of judge is required. If this judge rules that the change is required, the presiding judge will reassign the matter to another judge.  

Without Cause

The State and the Defense may request a change of judge without cause. This is called a peremptory notice. In non-death penalty cases, this motion must be filed within ten days after the arraignment or within ten days of the assignment of the judge. Although the change of judge is "without cause", the request must be made in good faith and cannot be made of any of the following reasons:
  • Attempts to delay the proceedings
  • Obtainment of severance
  • To interfere with the reasonable case management practices of a judge;
  • To remove a judge for reasons of race, gender, or religious affiliation
  • for the purpose of using the rule against a particular judge in a blanket fashion by a defense group or law firm
  • To obtain a more convenient geographical convenience
  • To obtain advantage or avoid disadvantage in connection with a plea bargain or at sentencing, except those allowed by Rules of Criminal Procedure.
  Furthermore, the right to a change of judge without cause is limited and controlled by also allowing both the State and the defense one, and only one, peremptory or final change of judge per case. A further exception of additional judge replacement might however apply if one side is made up of two or more parties under hostile or adverse interests. Once the request for a new judge is made, the case is transferred immediately to the presiding judge. The presiding judge reassigns the case to another judge. Learn more about our criminal practice areas below:  

The following blog post Right to a Fair and Impartial Judge was originally published on Top Rated

Wednesday, May 10, 2017

5 Tips for Legal Adoption To Help With The Paperwork

You and your spouse have been dreaming to have a child for so long and have finally decided to adopt one. Your excitement over the prospect is extremely high but after a quick consultation with a lawyer, you find out it is not as easy as you think. The process can be time-consuming and will require a trail of paperwork that you need to accomplish and prepare. Depending on whether you plan to do a domestic adoption, the forms you need to prepare and fill out seems endless:

  • Forms to file a petition in court
  • Forms for home study
  • Application forms for an agency if you plan to use an agency
  • Medical records, financial and employment records
  • Your personal history and family background
The list goes on and on and without careful planning, you will find yourself under severe stress even before the process begins. The adoption process can be quite tricky but following these five easy tips, you will be relatively worry-free and can avoid what otherwise can be a taxing route.
  1. List down all the paperwork you will need to fill out and accomplish. Include a deadline for each form; this way, you can finish each methodically.
  2. Set aside time to review and fill out all the paperwork. Once you have listed down what you need to do, set aside a time to do them. This will ensure that you stick to your deadline to accomplish the forms.
  3. Organize and file your paperwork. Use a file organizer and label them properly to keep all your forms in once place. You will find it easier to locate them when you need them at a moment’s notice. You will also be able to keep track which forms you have accomplished and which ones you still need to finish.
  4. Do not give up. No matter how organized you are, there will be times when you would be fed up with the endless paperwork that you simply just want to give up. Don’t. Encourage yourself by reading stories about successful adoption stories or join webinars about the adoption process. Listen to stories of what other adoptive parents went through and how they succeeded. Go back to the reason you are going to through all this tiresome process, which is to be a parent.
  5. Stay focused. Concentrate on what you need to do next and how to do them. Be resolute on what you want to happen and how to make it happen so that you can keep the unexpected from happening. This will make the next steps less daunting and tiresome.
Just keep these five easy tips in mind and you will be amazed at how much you have accomplished in no time.   These are some tips if you are doing a domestic adoption, but if you are looking for an attorney that focuses in family or relative adoptions, get in touch with Robert A. Dodell, Attorney At Law. I can inform you of all the necessary paperwork and details that you are going to need for this type of an adoption. I have successfully navigated many clients through the family member adoptions process. I can help you through this process as well. Check out these 5 adoption tips by visiting https://goo.gl/el6RQG

5 Tips for Legal Adoption To Help With The Paperwork Read more on: www.azcrimlaw.com – RobertDodell

Friday, May 5, 2017

Criminal Record Expungement in Arizona

Expungement can be technically defined in legal terms as a request or petition to a court or law enforcement agency for the erasure, cancellation, sealing, modification or destruction of a criminal record. People may apply for expungement of certain criminal records when it starts to affect their image or reputation, such as when applying for work. However, under the Arizona law, this process cannot technically be utilized for an Arizona criminal record. An individual’s crime history remains untouched in the books until they reach 99 years of age.   Arizona does not have an expungement law. The substitute process for expungement for Arizona cases is having the case “set aside. ”However, a“set aside” does not make your record free of previous crimes committed. Setting aside a felony or misdemeanor conviction in Arizona, however, means that your criminal records will still be viewable by anyone who plans to review it (e.g. a potential employer) but it will also be recorded that your case has been set aside or that all the conditions of your probation and sentence have been satisfied and cleared. A set aside confirms that a court has handled your case and has resolved to dismiss the charges against you. A set aside has its own limits and is not applicable when the crime committed:

  • consists of some driving offenses
  • involved a finding of sexual motivation,
  • involves a victim below 15 years of age,
  • involves serious physical injury on the victim,
  • involves any dangerous instrument or deadly weapon, or
  • requires the defendant to be registered as a sex offender
Juvenile record clearing options are also available for cases in Arizona. Juvenile record sealing may apply if you are at least 18 years of age, without adult conviction or pending charges, and have completed all the terms and conditions of the sentence. This kind of sealing does destroy the records though it does not relieve you from its accompanying penalties. Criminal reports can be set aside and juvenile records can be destroyed. It is best to hire a criminal Defense attorney in order to assist you in this process. Learn more about Robert A. Dodell criminal legal defense services. My office is located in Scottsdale by the TPC Golf Course in Scottsdale Robert A. Dodell, Attorney At Law 10601 N Hayden Rd, #I-103 Scottsdale, AZ 85260 (480) 860-4321

The post Criminal Record Expungement in Arizona is available on AZCrimLaw

Friday, April 21, 2017

Obtaining a Copy of Your Criminal Record

Do you have a criminal record?  Do you know if the criminal record is even accurate?  Arizona law requires that a person’s criminal record, misdemeanors and felonies, is maintained until he or she reaches the age of 99 or until one year after that person dies. A person can obtain a copy of their own criminal record in the State of Arizona. It is common for a person to want to obtain a copy of their own criminal record, because he or she is concerned about what the records states.  The person may be looking for a new job.  Nowadays, employers of all kinds perform thorough background checks before hiring. The employer will obtain your criminal history. The State of Arizona maintains the criminal history in the Criminal History Records Section of the Central State Repository for Arizona crimes only.  If the Arizona record may contain inaccurate information, there is a way to correct it.  A person may contact the Arizona Department of Public Safety and request for a Record Review Packet. Any corrections may be completed by completing and submitting a form included in the Record Review Packet called “Review and Challenge of Arizona Criminal History Information.” The packet will include a fingerprint card.  The person must also provide a set of his or her fingerprints.  There is no cost for this process. If the Central State Repository agrees that an error exists on the criminal history record, the record will be corrected. Additionally, the Criminal History Records Section at the Central State Repository will notify the Federal Bureau of Investigation of the error so they can update their records. Keep in mind, the error might originate with the court or arresting agency in Arizona. In such cases, the Criminal History Records Section will not correct the error until that court or arresting agency corrects the error. In such a case, a person needs to be proactive and seriously consider hiring an attorney with experience in dealing with this type of issue. An attorney can  assist you in correcting this problem or error associated with the criminal history record. Robert A. Dodell Attorney    

The following blog post Obtaining a Copy of Your Criminal Record See more on: AZCrimLaw

Sunday, April 16, 2017

Adoption 101: An Efficient Guide To Finalizing Adoption Process

There is nothing more fulfilling than being a parent. It is a privilege that anyone could enjoy, even those who decide or who cannot bear their own. Fortunately, adoption processes nowadays doesn’t have to be tedious, thanks to legal adoption attorneys who dedicate their time extending help to frustrated parents.  

Conduct your research and preparations

  One of the first steps in finalizing your adoption process is to do some research and prepare your mindset for the upcoming process. An adoption of a family member can be easy or difficult depending on the circumstances. Once you have decided that adoption is fit for you, you need to choose the way you want to proceed in adopting your family member. An adoption attorney such as Robert A. Dodell focuses on the adoption process of a relative or family member.  

Assess the legalities of your adoption

The most important part of the adoption process is the legal aspect. First, you need to assess the policies in your state about the legal aspect of independent adoption in cases of domestic adoption. After that, you need to accomplish your adoptive parent profile, with the help of your adoption attorney.  

Understand the finances involved

Adoption does not end with legal fees and logistical expenses. You need to consider some of the taxations that will change once you get custody of your adoptive child.  

Complete all necessary documents

The next thing to partake in your adoption process is to accomplish all required documents for legal adoption. You may also have to prepare your existing documents such as the following:
  • Homestudy
  • Birth certificates
  • Tax returns
  • Residency proof
  • Land titles
  • Marriage certificates
  • Divorce documents
  • Settle post-placement and post-adoption fees.
By this time, you are now a new parent of a child.

The article Adoption 101: An Efficient Guide To Finalizing Adoption Process was first seen on write up on the Robert Dodell Blog

Tuesday, February 28, 2017

When a Juvenile May End Up in the Adult Criminal Justice System in Arizona

For parents, it can be a frightening place to be when you realize that your youngster is facing the court system. You need to get help right away so that you can form the best defensive strategy possible. In some cases, you might find that the State is going to attempt to move the case to an adult court, which you certainly do not want!
If you live in the State of Arizona and have a legal situation involving a juvenile, you will want to move forth with understanding how the system operates. In most instances, crimes committed by someone under the age of eighteen are treated differently then when over the age of eighteen. The Juvenile Criminal Court systems is designed to rehabilitate the juvenile so they get their life straightened out and can be a productive member of society. There are various factors involved regarding whether a case is a good candidate for transfer. Certain crimes, are subject to an “automatic transfer” to adult court. If the juvenile is fifteen years of age or older and has been charged with first or second degree murder, forcible sexual assault, armed robbery, aggravated assault and other violent offenses, the law allows for an automatic transfer to adult court. Other transfers are discretionary on the State, and subject to court ruling after a hearing. If a juvenile is at least fourteen years old and has been adjudicated (convicted) of at least two prior felonies, the State can file a motion to transfer the juvenile defendant to the adult court system for criminal prosecution. The discretionary hearing, called a “Transfer Hearing” may be held within thirty days after the Advisory Hearing (the juvenile equivalent to an adult arraignment), if the request for transfer is filed the same time of the juvenile criminal charges. If the request for transfer is filed after the Advisory Hearing, the Transfer Hearing may be thirty days after that filing. The Transfer Hearing is critical to the future of the juvenile. Will the juvenile stay in the juvenile system, with the goal of rehabilitation, or will the juvenile be transferred to the adult criminal court system, with the goal of punishment. If If the court denies or dismissed the Motion for Transfer, the juvenile will stay in the juvenile court system. An Adjudication Hearing (the juvenile equivalent to an adult trial), will be set in juvenile court. You must have a reputable juvenile criminal defense attorney to assist you with your defense needs. You really want to have the best legal defense possible to protect your child. When searching for juvenile criminal defense attorneys that practice in your community, it is important to seek out ones that emphasize in juvenile crimes. These are handled significantly differently than adult cases and you want to have a defense attorney who is familiar with the nuanced differences between defending an adult and a child. You should check out the reputation of the attorney or law firms that you are thinking about hiring for your child's defense needs. Once you have done this, you can find out what the available attorneys will charge and begin to move forth with the case. The longer you wait, the less time your attorney has to prepare a defense for your child. Don't wait any longer! Start checking into the best options available for juvenile crimes criminal defense in your city. Learn more about our services here.

Robert A. Dodell, Attorney At Law 10601 N Hayden Rd, #I-103 Scottsdale, AZ 85260 (480) 860-4321 Check out our practice areas and learn more about our legal defense services.
The following blog post When a Juvenile May End Up in the Adult Criminal Justice System in Arizona is republished from follow Robert Dodell here

Sunday, February 19, 2017

Making Online Threats On Social Media Is Just a Bad Idea

Did you know that when you use social media, all that you say and do is trackable? Many people feel like they are able to say whatever they want because it's just the internet and nobody will know who they are anyways. That is simply not the case. One thing that is often in the news now is the story of someone being harassed online to a point where they commit suicide. Harassing someone just because you have an audience that is clicking like and egging you on is no excuse to treat someone poorly. Because of these kinds of issues, there are now actually laws that cover what is known as cyberstalking. This is when someone is constantly following someone else around online and trying to cause some kind of distress in their life on purpose. What about threats that you make as a joke? Perhaps you are going on a trip on an airplane and think it would be funny to joke about a bomb. That is simply not going to fly these days, because someone can report you and before you know it you'll be tracked down by TSA agents and brought into custody. You have to realize that if they didn't take threats seriously when they were brought to their attention, people could get away with all kinds of serious crimes. It may be easy to show the authorities that it was just a joke, but that doesn't make it okay to make threats. Even your private messages are easy for the authorities to look through if they have the right kind of warrant. Let's say that you're private messaging someone and threatening them to a point where they feel scared enough to file a police report. That could lead to the social media website getting subpoenaed and they then legally are required to hand over everything your account has in it usually. Go look right now at the account information you can download on Facebook as your own personal backup, and you can see that it included all kinds of information you may have thought was private. That is what they have access to. So what can you do if you want to joke around about threats, harass people, or stalk them? You have to seriously stop and think about what you are doing. Many cases that revolve around cyber-bullying are being talked about all around the world and it is highly frowned upon. The law does take time to catch up with technology. Your information is never completely private, and it will be very easy for you to get in legal hot water over what you've said on the internet. Social media and online threats tend to go hand in hand because people feel like they are anonymous. Nowadays, however, you are not. There are laws against online harassment, so do not even go there.   

The following article Making Online Threats On Social Media Is Just a Bad Idea is courtesy of AZ Crim Law – Robert Dodell

Tuesday, February 14, 2017

Can You Refuse A Field Sobriety Test When Pulled Over For A DUI?

After someone that is driving is pulled over because an officer thinks they have been drinking, they generally are told to do field sobriety tests. You don't actually have to consent to these tests and it's in your best interests to know why that's the case. If you say no to the test, you may still be taken in but you can work with your DUI defense attorney to explain the refusal in court. The fact is, these tests can be very difficult even if you are sober. If you have balance issues and take the tests, the officer will “fail” you. That will cause you to further incriminate yourself. By refusing to take the test, even though you will likely still arrested, you won’t be assisting the State in convicting you. Did you know that the roadside DUI tests for sobriety are made to be difficult to do in general? Just walking in a line going from heel to your toe is not as easy as it sounds. Go try walking in a straight line that way and you'll quickly see that even when you haven't been drinking, it is difficult to do. It takes practice to do this correctly. Not only that but there are tests like having to raise your leg off the ground and keep your balance, If you are nervous or simply not good in physical tasks, even without alcohol or drugs in your system, the officer may “fail” you. Refusing a test with a simple no thank you is okay to do. There is no legal requirement for anyone to do the field sobriety tests. So why give the police evidence that can hurt your case. You may not be able to get away from doing other forms of testing, such as the blood, breath or urine test, if you are taken in, but at least you will be able to avoid further incrimination. Do not listen to an officer that tells you that by refusing you are automatically admitting guilt. Stay as calm as possible and always ask to speak to an attorney. A bad attitude in any situation involving the police can only aggravate the situation and hurt your case. A little respect can go a long way in tense situations like this. Even when there is a blood, breath or urine test, a DUI can be fought. If you don't fight the charge, you will go to jail, pay substantial fines, and you will end up losing your driver’s license. You need to find an experienced and skilled DUI attorney that can assist you in avoiding these serious consequences.   Learn more about your DUI options by visiting: Robert A. Dodell misdemeanor defense attorney Robert A. Dodell felony defense attorney

Can You Refuse A Field Sobriety Test When Pulled Over For A DUI? Read more on: robert dodell owner of azcrimlaw

Monday, February 6, 2017

Adoption Takes Many Forms

Those unfamiliar with adoption often perceive it in the stereotypical sense - a couple who, unable to have biological children, adopt a newborn. In fact, adoption takes many forms and together we've been lucky enough to participate in hundreds of adoptions of all kinds. Most recently, an entire family joined forces to adopt a relative's three children when the relations were no longer willing or able to parent them. Three different members of the immediate family each took one of the children to care for. They all live very close to each other and share the responsibility of raising the children as well as keeping the children physically and emotionally close to one another. These were not infants but teenage and pre-teen children. The adoption of these youngsters by their immediate family afforded them the permanency and stability they desperately needed. When the judge finally granted the adoptions on a sunny morning, one could easily sense this family's relief and elation. Afterwards, photographs with the judge were a fun sight to witness and the culmination of one family's arduous journey to keep their family together. Another recent adoption we participated in involved the adoption of two siblings by a couple who already had four biological children. They wanted to expand their family and felt adoption was a viable option. Once they were certified to adopt, a two-year-old boy and his one-year-old sister were placed with the family by Child Protective Services (CPS). The children were wards of the state and after the biological parents' rights were severed, they were lucky enough to adopt the siblings. Not even three months later, the couple also adopted an 11-month-old girl through CPS. Open to the possibility of another CPS adoption in the near future, they're certainly not done yet!One definition of "adoption" is the "voluntary acceptance of a child of other parents to be the same as ones own child." Not only have these adoptive parents accepted their new children as their own, they've completely and totally embraced them, loving them unconditionally as only a parent can.

The post Adoption Takes Many Forms is republished from http://www.azcrimlaw.com/

Sunday, January 29, 2017

How Underage DUI or DWI can Affect your Child’s Future?

Everybody makes mistakes when they are young. Some of these mistakes involve alcohol. While some got away from these mistakes unscathed, others were not so lucky. One of the most dangerous alcohol-related offenses is underage DUI or DWI. Such cases, while usually committed by minors, is not as harmless as many think. In fact, it can negatively affect the rights and opportunities a child can otherwise enjoy. Here are some ways underage DUI or DWI can affect your child’s future:
  • Reduced educational opportunities - This is seen as the biggest consequence of an underage DUI case. It can compromise a child’s ability to gain different kinds of educational opportunities. First, it makes it difficult for him to get accepted in a school or course he likes. Second, it can compromise his ability to get educational perks such as scholarships. Third, it can disqualify him from acquiring certifications, licenses, and the like. A DUI case, resolved or otherwise, can make it difficult for a child to reach his full academic potential.
  • Reduced job opportunities - An underage DUI case not only affects a child’s educational opportunities, but it also affects his professional opportunities. In many ways, a case such as this makes it harder for him to apply for certain jobs. Some DUI cases remain on a person’s criminal record long after a case is resolved. It negatively affects his chances of getting hired, even if he has no other criminal records under his name. Having an underage DUI on the record will prove to be a huge disadvantage once he starts to look for a job in the future.
  • Difficulty with the driver’s license - An individual with an underage DUI record will lose their driver's license.  It may be difficult to get the driver's license back. If he is able to get a license, heu can still be classified as a high-risk driver, which carries several disadvantages. For one, penalties for traffic offenses are much stiffer. It’s also more difficult and expensive to get car insurance. This will also limit the types of vehicles that he can drive.
  • Car insurance issues - People with a history of DUI or DWI cases, even if they committed them when they are still underage, are at a disadvantage when it comes to getting car insurance. The problem is that insurance for car owners with a DUI record is more expensive – that is if his application is not rejected to begin with. Pre-existing car insurance policies can also be voided after a DUI offense.
  • Increased personal problems - There is a negative stigma associated with a person who committed crimes such as DUI when he is still underage. First, it compromises his relationships with other people, most especially his parents and other close family members. Second, there’s always a risk of developing trust issues, because the common thinking is that someone with an underage DUI case cannot be trusted with certain responsibilities. Some people may also think that he is incapable of making sound decisions. Lastly, it can cause embarrassment, which can scar him for the rest of his life.
Those are just some of the issues that a person with a history of underage DUI or DWI faces. A child can have an otherwise spot-free criminal record, but that DUI case will give him loads of problems both now and in the future. The easiest way to avoid such problems is to avoid driving under the influence. However, should someone you know has an underage DUI case, it’s advisable to ask for legal help to learn more about his or her legal rights. Robert is ready to fight to protect your child’s rights. As an experienced juvenile DUI attorney, I can provide my legal expertise in your case, contact me today. Contact Robert A. Dodell, Attorney at Law, directly by email or by calling 480-860-4321 now for a free initial consultation.  

Additional Helpful Resources Depending on the Case Type:
The following post How Underage DUI or DWI can Affect your Child’s Future? See more on: http://azcrimlaw.com/blog/