Thursday, November 9, 2017

Extreme DUI and Aggravated DUI What is The Difference

Understanding the Arizona Law Difference Between Extreme DUI and Aggravated DUI

If you are in the State of Arizona, it is important that you understand the different charges that are related to driving under the influence of alcohol or other mind-altering substances. Being charged with a DUI is a serious offense, and it can be even more so depending on the type of charges. For instance, the difference in the terminology often confuses many people. There is a difference between the terms Extreme DUI and Aggravated DUI. Either way, if you are charged with these offenses, it is vital that you understand the charge and how to defend yourself against it with a professional attorney by your side. In the State of Arizona, the Extreme DUI charge is related to the amount of alcohol in your system. When suspected of impaired driving by alcohol, you are asked to provide a test sample. If your blood-alcohol concentration, or BAC, is over .15%, you can be charged with an Extreme DUI. And if the BAC exceeds .20%, you will be charged with a Super Extreme DUI. Although these crimes are misdemeanors, you can end up serving significant jail time. On the other hand, an Aggravated DUI is a felony and this does not involve the amount of alcohol in your system. Rather, it involves whether there are children involved, prior DUI history or license status. The first potential circumstance is having a minor in the car. If you have a child under 15 years of age in the vehicle and you are arrested for DUI, this changes the severity of the charges you are going to face. This falls within the category of Aggravated DUI, which includes some more serious consequences. Another way to receive such an Aggravated DUI charge is to get arrested again after having at least two prior convictions for a DUI in the previous 7 years. Lastly, if your license has been suspended or revoked, you should not be driving at all. If you get arrested for driving a vehicle for a DUI, you are facing an Aggravated DUI charge. So an Extreme or Super Extreme DUI charge is a misdemeanor. An Aggravated DUI charge is a felony. Both a quite serious and the consequences are life changing. You will be able to start planning your defense. Find an excellent attorney in your community who is familiar with DUI cases. Make sure to investigate the reputation of the law firm to ensure you are going to get a good representation in the legal process. Being charged with a DUI is a serious matter. You need to make sure that you are able to get the legal assistance necessary to keep your consequences minimized. No matter what type of DUI you have, this is essential to your freedom! Read more about the DUI case process and my legal services. I can help you through this crisis. I personally answer my own telephone and will personally handle your case. Contact Robert A. Dodell, Attorney at Law, directly by email or by calling 480-860-4321 now for a free initial consultation. You can find my office in North Scottsdale: Robert A. Dodell, Attorney At Law Outside Front Office 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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DUI Attorney Scottsdale - Scottsdale Criminal Lawyer | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Sunday, October 29, 2017

First Time DUI Offense in Arizona: Why You Need a Good Defense

If you are charged with a DUI offense, you need to know what the law is in that particular state. Arizona residents and visitors need to understand things like the blood alcohol content in Arizona, how much jail time they can receive and more. To learn a little bit more about Arizona DUI laws, you should read below and learn the ins and outs. The tips in this article will revolve around people who are first time DUI offenders, so consider these points.  

#1: Hire a Great DUI lawyer

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.  

#2: Understand Arizona DUI laws

Each and every state has its own DUI laws, so as an Arizona resident or visitor that was charged, you need to learn as much as you can about how they handle these particular cases. Start by understanding the blood-alcohol content limits and the sentencing ramifications.  Also learn want this will do to your driver’s license and insurance rates. The effects of a DUI are quite onerous  

#3: Be ready for the process

Since this is your first time being charged with a DUI, you need to do everything that you can to make sure that you are ready for the process and assist your attorney in the process. Get ready to appear in court and have your attorney fight and negotiate for you. This is why it is so important to hire a great lawyer, because you will be leaning on them and trusting them for a lot of the work that they do. Patience and knowledge of the process will go a long way toward helping you out during this time.  

Some of the Fines, Costs and Penalties Associated With a First Time DUI Misdemeanor:

  • Up to $2500 in fines for the first offense
  • Screen tests and counseling classes up to $500
  • May need an ignition interlock device installation up to $1,200
  • Possible requirement to purchase SR-22 insurance - up to $3,000/year in additional insurance costs and maintain for 1-3 years
  • Driver’s license suspension of anywhere between 90 to 360 days
  • Possible probation
  • Possible community service hours
  • Possible jail time 1 Day to 6 Months
  • Getting charged with a second DUI or multiple DUI offenses, these fines and penalties become significantly harsher
  These three tips outline exactly what you can expect from your first DUI if you are a resident or visitor to the State of Arizona. This is a great starting point that you should keep in mind so that you are able to make the most out of your case and get the proper DUI defense representation that you need. To make sure that this happens, follow these points the best that you can and be patient throughout the rest of the legal process. These charges are very serious. You may be facing a misdemeanor DUI or a felony DUI depending on several factors during the DUI arrest. I can help you through this crisis. I personally answers my own phone and will personally handle your case. Contact Robert A. Dodell, Attorney at Law, directly by email or by calling 480-860-4321 now for a free initial consultation.   Robert A. Dodell, Attorney At Law 10601 N Hayden Rd, #I-103 Scottsdale, AZ 85260 (480) 860-4321

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DUI Attorney Scottsdale - Scottsdale Criminal Lawyer | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Sunday, October 22, 2017

Adult Adoptions

Many people are surprised to hear that adults can be adopted and that turning 18 years old doesn’t necessarily preclude one from that much desired sense of permanency and family. The reasons for an adult adoption vary of course, but most often it’s the result of a close familial relationship that’s existed for years but was never legally formalized. Other reasons may include financial protection for the adult adoptee in the form of inheritance as well as health insurance and social security survivors’ benefits for the adult full-time student. In the State of Arizona, any adult may adopt another adult who is at least eighteen years old but not more than twenty-one years old. The adult person being adopted must also consent to the adoption and be a stepchild, grandchild, niece, nephew or cousin. This even extends to former foster children who were placed as juveniles in the home of the adopting adult and who’ve maintained a continuous familial relationship for five or more years. The court may choose to conduct an investigation requiring a designated person to submit a written report regarding the nature and length of the relationship, the competency of the adopting adult and the adoptee and a determination if the best interests of the parties would be served in granting the adult adoption. The court may even decide if there are interested parties that should be made aware of the adoption proceedings. There are other restrictions and rules of procedure that apply to adult adoptions of course. On the other hand, adult adoptions can be far less complicated than juvenile adoptions. The consent of parents, a government entity or that of any other person is not required in an adult adoption; only the consent of the adoptee is a prerequisite. The process could take several months; however, the judge’s final decree of adoption would most certainly bring significant resolution to a family’s desire for completeness. If you need help or legal assistance with an adult adoption, contact Robert A. Dodell, Attorney at Law, now. Robert provides individual & personalized service through the adoption process. Contact Robert A. Dodell, Attorney at Law, directly by email or by calling 480-860-4321 now for a free initial consultation.

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DUI Attorney Scottsdale - Scottsdale Criminal Lawyer | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Tuesday, October 10, 2017

Arizona’s Rules of Professional & Ethical Conduct

The State Bar of Arizona is investigating Maricopa County prosecutor Juan Martinez for possible ethical violations in the Jodi Arias case. His investigation reminds us that the Supreme Court of Arizona disbarred Maricopa County prosecutors Andrew Thomas and Lisa Aubuchon and suspended prosecutor Rachel Alexander based on the Presiding Disciplinary Judge’s Opinion and Order Imposing Sanctions dated April 10, 2012   The Hearing Panel headed by Judge William J. O’Neil thoroughly reviewed all the evidence and determined that Thomas, Aubuchon, and Alexander had violated several of the Arizona Rules of Professional Conduct (abbreviated “ER”) found in Rule 42 of the Arizona Supreme Court Rules. The information below is taken from Rule 42 and the Opinion and Order. Many of the Rules of Professional Conduct can be found by visiting http://www.azbar.org/Ethics/RulesofProfessionalConduct/ ER 1.1 states that “A lawyer shall provide competent representation to a client.” Thomas, Aubuchon, and Alexander violated ER 1.1 with the RICO Act lawsuit. ER 1.6(a) states that “A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent.” Thomas violated ER 1.6(a) with the statements in his June 14, 2006 press release on the Dowling and Keen matters. ER 1.7 (a)(1) and (a)(2) mandates that a lawyer shall not represent a client if the representation of one client will be directly adverse to another client or there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer. Thomas and Aubuchon violate ER 1.7(a)(1) in obtaining the Court Tour subpoena and with the RICO Act lawsuit along with Alexander. Thomas and Alexander violated ER 1.7(a)(2) by representing the State when there was a significant risk that the representation would be materially limited by Mr. Thomas’s personal interest against Supervisor Stapley. All three violated ER 1.7(a)(2) with the RICO Act lawsuit. Thomas and Aubuchon violated ER 1.7(a)(2) when they tried to represent the State in the Wilcox prosecution. Thomas and Aubuchon violated ER 1.7(a)(2) by prosecuting Supervisor Stapley when their personal interests acted as a material limitation on their representation of the State. Thomas and Aubuchon violated ER 1.7(a)(2) when Ms. Aubuchon presented testimony to a grand jury seeking indictments against Andrew Kunasek, Sandi Wilson, David Smith, Gary Donahoe, and Thomas Irvine. Thomas and Aubuchon violated ER 1.7(a)(2) when they unlawfully prosecuted Judge Donahoe. ER 3.1 states that “A lawyer shall not bring or defend a proceeding or assert or controvert an issue therein, unless there is a good faith basis in law and fact for doing so that is not frivolous.” Thomas, Aubuchon, and Alexander violated ER 3.1 with the RICO Act lawsuit. ER 3.3(a) states that a lawyer shall not knowingly make a false statement of law or fact to a tribunal. Thomas and Aubuchon violated ER 3.3(a) when Aubuchon filed a motion asserting that “Judge Fields is the complainant in an open and pending State Bar matter that he initiated against County Attorney Thomas.” ER 3.4(c) states that “a lawyer shall not knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists.” All three violated ER 3.4(c) with the RICO Act lawsuit. ER 3.6(a) states that “A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter. Thomas violated ER 3.6(a) with the statements in his August 24, 2009 press release. ER 3.8(a) states that “The prosecutor in a criminal case shall refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause.” Thomas and Aubuchon violated ER 3.8(a) when they unlawfully prosecuted Judge Donahoe. ER 4.4(a) states that “In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden any other person, or use methods of obtaining evidence that violate the legal rights of such a person.” Thomas and Aubuchon violated ER 4.4(a) when they pursued criminal charges against Supervisor Stapley. They also violated it when they obtained the Court Tower subpoena and when they prosecuted Supervisors Stapley and Wilcox and Judge Donahoe. All three violated ER 4.4(a) with the RICO Act lawsuit. Thomas violated it when he caused letters to be sent to the Supervisors and County management in December 2009 regarding MCBOS’s engagement of Shughart, Thomson as legal counsel to provide advice concerning conflicts and payment of that firm’s invoices. ER 8.4(b) states that “It is professional misconduct for a lawyer to commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.” Thomas and Aubuchon violated ER 8.4(b) when they unlawfully prosecuted Judge Donahoe. ER 8.4(c) states that “It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation.” Aubuchon violated ER 8.4(c) when she knowingly failed to inform the grand jury that the State lacked jurisdiction to proceed against Mr. Stapley on many charges. She also violated ER 8.4(c) in communicating with Ms. Flores about the matters on which the grand jurors had voted to “end the inquiry.” Thomas and Aubuchon violated it when they unlawfully prosecuted Judge Donahoe. ER 8.4(d) states that “It is professional misconduct for a lawyer to engage in conduct that is prejudicial to the administration of justice.” Aubuchon violated ER 8.4(d) by writing and delivering potentially threatening and intimidating out-of-court letters to Judges Mundell, Baca and retired Judge Fields, with the purpose of ascertaining the decision-making thought processes of Judges Mundell and Baca. Thomas and Aubuchon violated ER 8.4(d) when they charged Supervisor Stapley with fifty-three misdemeanors knowing that the statute of limitations had run on forty-four of them. Thomas and Aubuchon violated ER 8.4(d) when they unlawfully prosecuted Judge Donahoe. All three violated ER 8.4(d) with the RICO Act lawsuit.   Sometimes a person may run into a prosecutor that is unethical and it is important to have an experienced legal counsel that will stand up for you and your rights. Robert A. Dodell, Attorney At Law has over 30 years as both a former prosecutor and a private practice attorney. Some of my practice areas:

  If you are already at the Scottsdale Court House and want to find my office, I am approximately 16 minutes from the Scottsdale Court House. See the map below for driving directions from the Scottsdale Court House to my office. https://goo.gl/maps/y2BYmfYhXQF2    

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DUI Attorney Scottsdale - Scottsdale Criminal Lawyer | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Friday, September 29, 2017

Why Arizona Has Such a High Incarceration Rate

A report entitled “A New Public Safety Framework for Arizona: Charting a Path Forward” by the American Friends Service Committee – Arizona (Dec. 2016 – Originally seen published at https://afscarizona.files.wordpress.com/2014/03/a-new-public-safety-framework-for-arizona-december-2016.pdf) identified and discussed why Arizona has such a high incarceration rate: mandatory sentencing laws, unique criminal priors law, technical violations of probation or parole, and harsh sentencing for drug offenders.   According to the report, Arizona requires all prisoners to serve 85 percent of their sentence. Arizona is also one of only three states to retain the harsh, across-the-board Truth-in-Sentencing laws enacted back in the mid-1990s. The report concluded:

“In the end, mandatory sentencing has had the consequence of creating huge sentencing disparities, rather than eliminating them.” Arizona has a unique definition of a “prior” which results in harsher penalties: “As a result, offenses committed on the same day (for which the person has not yet been convicted) can be treated as “priors” at sentencing, allowing to call for harsher penalties. For example, a person can break into a car, walk down the street and break into another car. Rather than simply being charged with two counts of burglary or theft, the prosecutor can label the first break-in a “prior,” triggering a sentence enhancement.”
The National Institute of Corrections reported that Arizona had 7,379 people on parole as of December 31, 2015, and 84,766 people on probation as of July 2016. Parolees and probationers must adhere strictly to their terms of parole or probation or risk being sent back to prison for technical violations. The report noted:
“Technical violations” refer to a failure to adhere to the conditions of probation or parole. This can include missing meetings with a probation officer, failure to abstain from drugs or alcohol, or changing residences without approval. They are violations of the terms of one’s probation or release from prison, rather than new crimes. Currently, technical violators represent about 34 percent of state prison admissions—16 percent for violations of Probation and 18 percent for violations of post-prison supervision.”
Arizona is particularly harsh with prosecuting and sentencing people charged with drug offenses as discussed in the report:
“Many drug offenses, including possession with intent to sell, are Class 2 felonies regardless of the circumstances. This is just one felony class level below first-degree murder. Because of this, non-violent addict-sellers can get prison terms longer than some violent offenders.” “Drug offenses accounted for the second largest category of arrests in Arizona in 2015. Drug possession cases represented 10.45 percent of all arrests. Of those, 5.99 percent were for marijuana possession. Drug sales arrests were a much smaller percentage of arrests—just 1.28 percent of all cases. After arrest, the data shows that drug offenses account for seven out of the ten most charged criminal offenses in Maricopa County, and all are related to possession rather than sales. The numbers in Arizona’s prisons show how those various crimes are treated at sentencing. Drug offenses are the single largest category of crime for which people are serving a prison sentence—21.3 percent. Of those, 7.6 percent are in prison for drug possession, but 13.7 percent are in for sales.”
  If you are charged with a crime, you need an experienced criminal defense attorney to help you obtain the best possible outcome in your case. Robert A. Dodell, Attorney At Law has over thirty years experience. Call him today for a free initial consultation.

Some practice areas for Robert Dodell:

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DUI Attorney Scottsdale - Scottsdale Criminal Lawyer | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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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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DUI Attorney Scottsdale - Scottsdale Criminal Lawyer | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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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.  

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DUI Attorney Scottsdale - Scottsdale Criminal Lawyer | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

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(480) 860-4321

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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/  

Proposition 200 Probation for Drug Offenses was originally published on Robert Dodell Attorney at Law Proposition 200 Probation for Drug Offenses 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

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