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?
Thursday, June 8, 2017
Friday, June 2, 2017
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.
Tuesday, May 30, 2017
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 CauseWhenever 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 CauseThe 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.
- Assault - www.azcrimlaw.com/criminal-legal-defense/assault/
- Drug Crimes - www.azcrimlaw.com/criminal-legal-defense/drug-crimes/
- Probation Violations - www.azcrimlaw.com/criminal-legal-defense/probation-violations/
- Warrants - www.azcrimlaw.com/criminal-legal-defense/warrants/
- Weapons Charges - www.azcrimlaw.com/criminal-legal-defense/weapons-charges/
Wednesday, May 10, 2017
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
- 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.
- 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.
- 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.
- 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.
- 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.
Friday, May 5, 2017
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
Friday, April 21, 2017
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
Sunday, April 16, 2017
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 preparationsOne 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 adoptionThe 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 involvedAdoption 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 documentsThe 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:
- Birth certificates
- Tax returns
- Residency proof
- Land titles
- Marriage certificates
- Divorce documents
- Settle post-placement and post-adoption fees.
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
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
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
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
Monday, February 6, 2017
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.
Sunday, January 29, 2017
- 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.
Additional Helpful Resources Depending on the Case Type:
How Underage DUI or DWI can Affect your Child’s Future? See more on: http://azcrimlaw.com/blog/
Friday, January 20, 2017
Before the PartyPlan activities ahead of the party so you can easily monitor the status of your party guests.
Prepare the right amount of alcoholBeing the host, it is vital to know how much alcohol will be served during the party. Always measure how much alcohol will be put into mixed drinks and punches. Furthermore, a shortage of alcohol is preferable than a surplus of them, since many party-goers will be tempted to drink more, knowing they still have more to consume.
Assign a reliable driver or use public transportationIf guests come in groups, it is advisable to select a reliable driver who will agree not to consume alcohol. However, he or she must know his or her responsibilities, such as knowing the addresses and emergency contact info of everybody he or she is driving for, as well as having a valid license to drive. In case none of the guests are available to act as the driver, then using public transportation will be helpful. Riding on a bus, taxi, or train is an affordable and easy option for the party guests to get home safely.
During the Party
Provide substitute drinksThe first tip is actually to prevent the party guests from drinking too much alcohol. Who said parties are limited to intoxicating drinks? It is important to keep water, juice and soda available. These beverages could slow the consumption of alcohol.
Serve heavy meals firstAnother tip on how to prevent party guests from DUI is to let them eat dinner or heavy meals prior to drinking alcohol. Since they will likely have a fuller stomach, they can also reduce their alcohol intake. Additionally, encouraging them to eat snacks while drinking alcohol will also reduce their alcohol consumption.
Provide alcoholic drinks earlyThis is another option. By serving alcoholic drinks earlier, party guests will have more time to get sober. Furthermore, guests will enjoy drinking sessions better, knowing that they will not drive drunk. The alternative drinks will come handy after the drinking session is over, buying more time for party guests to get sober. Driving under the influence of alcohol is dangerous. It puts the lives of not only the drivers, but also those of other motorists and pedestrians, at risk. Designated drivers, less consumption of alcohol and wise choices ensure that party guests will go home safely and will not drive after drinking. As an individual, knowing how to prevent party guests from DUI is a must before becoming a social host. If a party guest does happen to drive and gets a DUI, you want to hire an experienced DUI Lawyer in Scottsdale to help you. Robert personally answers his own telephone and he 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.
The blog post Useful Tips on How to Prevent Party Guests from Driving Drunk Find more on: http://azcrimlaw.com/
Thursday, January 12, 2017
The post Why Hire Robert Dodell to Help with your Adoption Case? was originally published to follow Robert Dodell here
Tuesday, January 3, 2017
The role of a step-parent is very often one filled with minimal glory. Absent the biological parent, the step-parent’s role becomes essential to the emotional and financial well-being of the child, though devoid of the legal rights to fully carry out that responsibility. The decision to adopt a step-child is monumental in nature. It provides both the step-parent and especially the child a sense of long-term stability and belonging. Adoption also enables the new parent the ability to make educational, financial and medical decisions. The adopted child also has the right of inheritance and survivor benefits, the same as a biological child. A step-parent adoption usually involves two steps, unless the birth parent is deceased. The first step, legal termination of parental rights, can be accomplished with the birth parent’s consent or evidence of a birth parent’s abandonment and/or inability to parent. A severance hearing before a judge, culminating in a signed order terminating parental rights, is necessary prior to the adoption. The second step is the adoption itself. The step-parent’s spouse consents to the adoption of the child. Typically, a homestudy, fingerprints and step-parent background check are processed; these may be essential to the judge’s approval of the adoption. Finally, a new birth certificate is issued with the adoptive parent’s name. The entire process, dependent on how complicated the situation is, can take a couple of months to several months. The end result, to provide a child you love with the stability and permanency he or she needs, is worth the time and effort.