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

Robert A Dodell, Attorney At Law Announces Charity Donation Program was first seen on Top Rated Robert A Dodell, Attorney At Law Announces Charity Donation Program 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

Saturday, August 19, 2017

Parole in Arizona: A Legal Illusion

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

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

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

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

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