Tuesday, February 28, 2017

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

If you live in the State of Arizona and have a legal situation involving a juvenile, you will want to move forth with understanding how the system operates. In most instances, crimes committed by someone under the age of eighteen are treated differently then when over the age of eighteen. The Juvenile Criminal Court systems is designed to rehabilitate the juvenile so they get their life straightened out and can be a productive member of society. For parents, it can be a frightening place to be when you realize that your youngster is facing the court system. You need to get help right away so that you can form the best defensive strategy possible. In some cases, you might find that the State is going to attempt to move the case to an adult court, which you certainly do not want! There are various factors involved regarding whether a case is a good candidate for transfer. Certain crimes, are subject to an “automatic transfer” to adult court. If the juvenile is fifteen years of age or older and has been charged with first or second degree murder, forcible sexual assault, armed robbery, aggravated assault and other violent offenses, the law allows for an automatic transfer to adult court. Other transfers are discretionary on the State, and subject to court ruling after a hearing. If a juvenile is at least fourteen years old and has been adjudicated (convicted) of at least two prior felonies, the State can file a motion to transfer the juvenile defendant to the adult court system for criminal prosecution. The discretionary hearing, called a “Transfer Hearing” may be held within thirty days after the Advisory Hearing (the juvenile equivalent to an adult arraignment), if the request for transfer is filed the same time of the juvenile criminal charges. If the request for transfer is filed after the Advisory Hearing, the Transfer Hearing may be thirty days after that filing. The Transfer Hearing is critical to the future of the juvenile. Will the juvenile stay in the juvenile system, with the goal of rehabilitation, or will the juvenile be transferred to the adult criminal court system, with the goal of punishment. If If the court denies or dismissed the Motion for Transfer, the juvenile will stay in the juvenile court system. An Adjudication Hearing (the juvenile equivalent to an adult trial), will be set in juvenile court. You must have a reputable juvenile criminal defense attorney to assist you with your defense needs. You really want to have the best legal defense possible to protect your child. When searching for juvenile criminal defense attorneys that practice in your community, it is important to seek out ones that emphasize in juvenile crimes. These are handled significantly differently than adult cases and you want to have a defense attorney who is familiar with the nuanced differences between defending an adult and a child. You should check out the reputation of the attorney or law firms that you are thinking about hiring for your child's defense needs. Once you have done this, you can find out what the available attorneys will charge and begin to move forth with the case. The longer you wait, the less time your attorney has to prepare a defense for your child. Don't wait any longer! Start checking into the best options available for juvenile crimes criminal defense in your city.   Robert A. Dodell, Attorney At Law 10601 N Hayden Rd, #I-103 Scottsdale, AZ 85260 (480) 860-4321 Check out our practice areas and learn more about our legal defense services.

The following blog post When a Juvenile May End Up in the Adult Criminal Justice System in Arizona is republished from follow Robert Dodell here

Sunday, February 19, 2017

Making Online Threats On Social Media Is Just a Bad Idea

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

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

Tuesday, February 14, 2017

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

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

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

Monday, February 6, 2017

Adoption Takes Many Forms

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

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