Saturday, December 29, 2018

Benefits of Hiring a Criminal Lawyer to Represent You

Being accused of a crime is a serious matter. It puts you in a dangerous. This is because a criminal conviction can have a significant impact on so many aspects your life. Thus, it is crucial that you hire an experienced criminal defense lawyer like Robert A. Dodell, Attorney at Law, to defend you.     When facing a criminal charge, you should never leave anything to chance. Defending yourself in court without the help of an attorney is never a good idea. Don’t do anything that you may regret in the future. Do not gamble with your reputation and your freedom. There are many advantages of working with an Arizona criminal lawyer for your criminal case. They include the following:  

Your Lawyer Is Familiar with the Local Court System in Arizona

An Arizona criminal lawyer like Robert A. Dodell will lend his knowledge and familiarity with the court system in the district where your case was filed, as well as the employees who work there. The lawyer knows many of the local court employees, prosecutors, and judges. This is very important in helping your counsel develop a solid legaldefense that will be effective, considering the quirks and customs of the locals you will meet in court.  

Your Lawyer Has a Good Grasp of the Arizona Justice System

You may have seen a lot of crime shows on television. Thus, you may think that the law is as simple as what you see on these shows. Television is often legally inaccurate.  At best, it is an oversimplification so everything can be neatly wrapped up with a bow within 30 or 60 minutes. Real life criminal law in Arizona can be quite complicated at times. An experienced criminal defense lawyer can help you come up with a good strategy for your defense. This is why you need to make sure that you hire an attorney with a lot of experience in defending clients facing criminal charges.  

Your Lawyer Is a Good Negotiator

In criminal cases, you cannot discount the value of negotiations. There may be instances when you require extra time to prepare specific parts of your defense. You may also need to consider plea bargain. An experienced and skilled negotiator has a good chance of having things go your way. Your lawyer will negotiate on your behalf. He will apply every inch of knowledge, skills, and experience he has collected through his years as a lawyer.  

Your Lawyer Is Capable of Handling the Required Paperwork

Defending a criminal case requires more than just appearing in court. You may need to file lots of complicated paperwork. An experienced criminal defense lawyer in Arizona is familiar with handling these types of documents. He does it day in and day out. You can rest assured that he knows exactly what he is doing.  

Your Lawyer Will Remain on Your Side

When you are charged with a crime, you can expect that the prosecutors will work hard to convict you of a crime. They will do everything possible to see you get the punishment they think you deserve, whether that is a steep fine, jail or prison time or probation. It is never wise to face these criminal prosecutors all by yourself. With the right criminal defense attorney by your side, you will have someone to lead your team. Like the prosecutors, your criminal defense lawyer also wants the best outcome. He will do his best to make sure that you receive the best possible resolution for your case.  

Your Lawyer Will not Allow You Grope in the Dark

If you are not a lawyer who is well-versed with the Arizona criminal justice system, facing a criminal charge can be a scary experience. It will easily overwhelm you. An experienced lawyer goes through the process every single day. They are prepared and know what to do in any possible situation that may arise. They know what can happen. The great thing is, they will keep you updated every step of the way. This can make the whole experience a little bit less frightening for you.  

Final Word

  These are the main reasons that make hiring an experienced criminal defense lawyer like Robert A. Dodell, Attorney at Law, is so important.  The right attorney will safeguard your rights and your future. Whether you are facing a serious felony charge or a misdemeanor charge, an experienced lawyer, with the skills and knowledge to come up with a solid defense, will help. Doing it on your own can expose you to unnecessary risk. Don’t d this alone.

The following blog post Benefits of Hiring a Criminal Lawyer to Represent You is courtesy of www.azcrimlaw.com/ Benefits of Hiring a Criminal Lawyer to Represent You first appeared on:

DUI Attorney Scottsdale - Criminal Lawyer - Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Friday, November 30, 2018

Arizona Increases Juvenile Court Jurisdiction Age

Arizona Gov. Doug Ducey has signed a bill which will allow young people who have been charged with a crime to stay under the juvenile court system until they are 19 years of age. Prior to the signing of this bill, if someone turned 18 years of age while under the juvenile court system, the courts would lose jurisdiction over that young person. The Maricopa County Attorney's Office has spoken out in favor of this change, as have many public defenders. The change allows the office to supervise juveniles in court for longer, and means that those who are close to turning 18 years of age still have options under the juvenile system.  Prior to the change, youths would often end up being prosecuted as adults, because while they were a juvenile when the crime that they are accused of was committed, there was not enough time to complete the case under the juvenile system. This meant that young people were at risk of ending up with a criminal record, making it hard for them to get a scholarship or a job. Being prosecuted under the adult system at a young age can have a lasting impact on a young person’s life, and robs them of the second chances that they could have had if they were prosecuted as a juvenile. It is expected that the extension to the jurisdiction of the juvenile court could mean that hundreds of additional cases are seen under the juvenile system every year.  Beth Rosenberg, a representative of the Children's Action Alliance says that the change offers the opportunity for kids charged with crimes, under the age of 18, to get considered under the juvenile court system, as kids should be. She says that those young people need to be treated as kids, because at such a young age that is what they are. If you have a child who has been accused of a crime in Arizona, then it is important that you and they speak to a juvenile lawyer to ensure that they get the representation that they need for their case to be considered fairly. The legal system is set up to take into consideration the limited judgment and understanding that children have, and to give them the opportunity to have a clean start as an adult and to grow into a responsible citizen. Children often make mistakes through peer pressure or if they fall into the wrong crowd. This should not be something that should impact them for decades after the fact. With the right support from a juvenile lawyer, a young person will have the opportunity to make right what they have done, and to get back onto a more positive path. They deserve the opportunity to go back to school or to find employment, and to have their transgressions forgotten. Crimes committed as an adult are far more serious, and young people should understand the severity of what they do, and how reaching an age of maturity means their choices matter.

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DUI Attorney Scottsdale - Criminal Lawyer - Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Wednesday, November 21, 2018

How a Drug Crimes Defense Lawyer Can Help Those Selling or Dealing Prescription Drugs in Arizona

Opioid painkillers are highly addictive, and they are also quite dangerous. Between June 2017 and September 2017, there were 1,798 suspected opioid-related deaths in Arizona alone and 11,733 suspected opioid overdoses. Opioids can be particularly harmful when taken by pregnant women.  They are prescribed in cases where other drugs are ineffective, but their use must be carefully monitored, and they should be used only for short periods. For this reason, opioids are heavily controlled. Sadly, even with safeguards in place, some people who are given opioids for short-term use become addicted to them, and there is an epidemic of opioid abuse and dealing across the whole country, not just in Arizona. If you have been charged with selling or dealing opioids, then it is important that you get the best legal advice that you can. Robert A. Dodell, Drug Defense Lawyer, sees many people come to ask for advice about drug dealing charges. Some of those people are those who have made some bad decisions and have been selling drugs that they were prescribed for their own use, or dealing illegally in drugs. Others are wrongfully accused. Whatever your circumstances, Robert A. Dodell is here to offer judgment-free legal advice and support.

Opioid Laws in Arizona

The Arizona Opioid Epidemic Act is designed to attack the opioid epidemic from all angles, protecting those who are suffering from chronic pain, while providing those who are struggling with addiction with support and treating them with compassion. Opioid addiction is a public health emergency, and the Arizona Department of Health Services is looking for ways to prevent overdose, provide people with access to medication-assisted treatment, and also help to prevent addiction by ensuring that prescriptions are appropriate. As a part of the act, the law in Arizona has been reconsidered. Lawmakers have opted to institute a "Good Samaritan" law, which will encourage people to call 911 if they suspect someone has taken an opioid overdose, and allow the person who has overdosed to receive the necessary emergency care. Prior to the enactment of this law, those who witnessed overdoses were often reluctant to call for help because they feared prosecution for their own drug use. The new law will make it easier for bystanders to seek help without fear of prosecution themselves. Another new initiative is the Angel Initiative, which allows citizens to turn in their drugs to the police, and seek treatment for their addiction, without fear of prosecution. The initiative was first launched in October 2016, but on a very limited scale. The early attempts led to 123 people entering into treatment, and the plan now is to open it up to more counties, to allow even more people to get assistance. Lawmakers want to see bad actors who write dangerous prescriptions punished more heavily, and to prevent fraudulent marketing, pill mills, and doctor shopping. Accountability should be in the hands of the manufacturers and the doctors, with pills not making it onto the streets. If you have been struggling with opioid addiction, or are involved in the sale or trade of opioids illegally, seek help as soon as possible.

How a Drug Crimes Defense Lawyer Can Help Those Selling or Dealing Prescription Drugs in Arizona is republished from robert dodell owner of azcrimlaw How a Drug Crimes Defense Lawyer Can Help Those Selling or Dealing Prescription Drugs in Arizona first appeared on:

DUI Attorney Scottsdale - Criminal Lawyer - Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Wednesday, November 14, 2018

How A DUI Can Affect Your Career As A Teacher

A DUI charge can have long-term effects on both your life and your livelihood. It is why many teaching professionals count on legal professionals such as Robert A. Dodell, DUI lawyer, for their legal experience following a drunk charge. Besides offering strong DUI defense and legal representation, Robert is more than willing to help clients deal with the fallout following their drink driving charge. It is particularly important for educators and teachers that may end up facing serious career challenges and paying for their mistakes in various ways.

Is It Possible to be Fired Following a DUI Arrest?

It will depend on the nature of the DUI arrest and the circumstances surrounding it. While you might not necessarily be fired following a DUI, the superintendent or school principal may have qualms about your continued employment since teachers are supposed to be role models to their students. In such situations, you might be fired. Fortunately, you can have a hearing about the dismissal and can consult with a lawyer.  

Is It Possible to Lose My Teaching Credential Due To a DUI Arrest?

Not necessarily. Teaching credentials for K-12 teachers are regulated by the State Board of Education and it will ultimately determine who gets certified and who can hold a particular credential. The teacher must have a fingerprint clearance card, and a DUI will impact the card.  With no criminal history and the lack of serious harm or injury from the DUI, it is unlikely that you will be unable to hold a teaching credential. However, this is usually considered on a case-by-case basis.  

How Should You Deal with Driving Restrictions Following a DUI?

Having a DUI on your record can be a major issue when it comes to your future job prospects in education. The DUI might impact your ability to apply for a fingerprint clearance card, and there could be issues at district level when it comes to securing employment.   A DUI Attorney Can Be of Great Help Working with a competent DUI attorney such as Robert A. Dodell can be of great benefit to you. He will not only develop a strong defense strategy for addressing your drunk driving charge, but you will also get you the proper advice to help put your life back in order. The lawyer will ensure that your rights are protected under the law. Talk to a DUI Lawyer About Your Case For additional information about the legal options following your DUI arrest, ensure that you contact a skilled DUI defense lawyer today. Robert A. Dodell, DUI Lawyer, will help you make the best decision possible with regards to your case and your career prospects.

How A DUI Can Affect Your Career As A Teacher is available on (Robert . Dodell Law Offices How A DUI Can Affect Your Career As A Teacher first appeared on:

DUI Attorney Scottsdale - Criminal Lawyer - Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Monday, November 5, 2018

How Sexual Assault Lawyers Can Help Rape Victims Trapped In Their Leases

Rape and sexual assault are terrible things for anyone to go through. Imagine if the experience was dragged out because you had to live near your abuser.  This is something that has happened in Arizona, and until recently women who were assaulted had no real option for getting away in that kind of case. One Arizona woman who was raped by a neighbor, then unable to move because she was still held to her lease, worked with Arizona lawmakers to change the statute that requires a tenant to pay a fee to break a lease. In some cases, that fee could be thousands of dollars, which made moving a financial impossibility for a lot of people.  The law already had a clause that allowed domestic abuse victims to break their leases, and now it has been expanded to allow sexual assault victims to break their leases without being liable for a termination fee. The new legislation came into effect in August 2018, and now rape and sexual assault victims have an option for getting out of their leases.   sexual   Sadly, not all landlords are reputable, and some may try to fight against a person who is looking to break their lease. If that happens, then having a good attorney can be helpful. Robert A. Dodell, Attorney at Law, is here to help those who are struggling with the aftermath of such events. It has been a long road for victims of sexual abuse. Of course, lawmakers want to ensure that the system is not exploited, and there are clear processes to follow.  To break the lease, a victim is required to provide a police report, or a copy of a protective order, to the landlord, and they must put in the request to break the lease within 30 days of the alleged incident, unless the landlord agrees to allow more time than that. Under the legislation, a property manager can pursue the abuser for the costs associated with breaking the lease, if the person is named in the report. Time to Heal The hope is that the new system will give victims the opportunity to heal. Often, an abuser is someone that is known to the victim, and there is the persistent fear that the attacker will return and repeat their acts. This can make it hard for the person to move on.  Having the chance to leave their old home behind and make a fresh start somewhere can help to speed up the healing process. Act Quickly if You Wish to Break Your Lease If you want to leave and break your lease, then you should tell your landlord that you wish to do so under Arizona Revised Statute 33-1318. Any roommates can sign a new agreement, as long as they are not the perpetrator. You can have your locks changed while you stay, but you will need to pay for this. Your landlord cannot charge a termination fee for you leaving under these circumstances. If they try to do so, seek legal advice.

How Sexual Assault Lawyers Can Help Rape Victims Trapped In Their Leases is courtesy of Post by Robert Dodell Attorney How Sexual Assault Lawyers Can Help Rape Victims Trapped In Their Leases first appeared on:

DUI Attorney Scottsdale - Criminal Lawyer - Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Saturday, November 3, 2018

Obtain a Criminal Defense Lawyer For Juveniles Using Social Media the Wrong Way

In a world where billions of people are staying connected with one another via social media, it is no surprise that different issues can arise that would potentially cause some serious problems for people who use these different sites. Although the purpose of using these sites is to have conversations and stay in touch with loved ones, no matter how close or how far they may be, some people use social media for other reasons that can get them in trouble.   More specifically, teenagers can get into trouble when using social media in the wrong way out of spite, anger, and frustration. When these teenagers do get arrested for things they have done on social media, they need to hire a criminal defense attorney they can trust. Robert A. Dodell, Juvenile Attorney, is an attorney who takes on these special cases and works with those who are accused of serious social media crimes in an attempt to help them overcome the bad situation they got themselves into.  

Cyber Bullying

One of the biggest downfalls to social media is cyber bullying. People have started to use these different social sites as an outlet for their own frustration and anger. If they are feeling upset, they may want to take it out on someone else that they do not get along with, which can ultimately lead to serious bullying. The truth is that cyberbullying is no joke and there are people who have decide to commit suicide due to the severity of the bullying going on in their lives.   A teenager may be arrested if he or she is bullying another student endlessly on social media. While the person initiating the bullying may think it is harmless, it can have such a negative impact on the person who is getting bullied, which is the reason it has become more of a crime in recent years. The juvenile criminal defense attorney can make his client fully aware of the severity of cyber bullying while putting up a defense for the client because that client may not have realized that cyber bullying could cause such emotional anguish for another person.  

Cyber Stalking

  Cyber stalking is another reason for teenagers to end up arrested and charged with stalking offense of another person. If a teenager is upset because the person they were talking to suddenly decided to end their relationship and start a new one with someone else, they may begin calling repeatedly. If their number gets blocked, they may start sending dozens of messages on different social media sites, some of which may even be threatening. While the teenager may be acting out of hurt and anger without realizing the impact of his or her words, this type of behavior is deemed inappropriate and is commonly referred to as cyber stalking.  

Catfishing and Harassment

  Catfishing is a term used to describe a person who uses another person’s pictures without their knowledge and pretends to be them instead of being who they truly are on social media. While some people believe there is no harm in catfishing, it becomes even more of an issue when the person who is doing the catfishing is arranging meetings with strangers and handing out personal information on the unsuspecting person who does not even realize their pictures are being used online. If the unsuspecting person ends up harmed or hurt as a result of the catfishing and harassment that has taken place, the teenager who stole the pictures and initiated these different conversations with strangers may be held responsible.   Although social media is beneficial for numerous reasons, some teenagers are using it the wrong way. When teenagers choose to use social media in an inappropriate way, they can end up arrested and charged with serious crimes. When those types of situations occur, those teenagers are going to need to hire an experienced criminal defense attorney to assist with their case and provide a defense that could possibly help them overcome such a negative situation. Contact Robert A. Dodell, Attorney At Law, right away to help your child..

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DUI Attorney Scottsdale - Criminal Lawyer - Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Thursday, October 25, 2018

Updated Interlock Device Law In Arizona

What is an Interlock Device?

An interlock device is basically a breathalyzer that is installed in a vehicle which prevents the ignition from operating unless a person with a zero BAC (Blood Alcohol Content) blows into the device.

Previous Interlock Device Law

The law requires that vehicle owners who have been convicted of a DUI charge have one of these devices installed in their motor vehicles in order to prevent them driving while they are intoxicated. However, there was one glaring problem with this law as anyone could blow into the device and not necessarily the driver of the vehicle. This has allowed many drunk drivers to bypass the device and therefore the law and continue to drive while intoxicated presenting a hazard to the general public. With changing technology and an amendment to the existing law, it is now possible to ensure that the person blowing into the device is actually the driver of the vehicle.

New Arizona Interlock Device Law

As of 1 July 2018, the law requires that all interlocking devices must be equipped with a camera as well as a GPS tracking system. In addition, the device must allow for electronic and wireless reporting in real time. In effect, the camera photographs the person who is blowing into the device thereby ensuring that it is the actual driver of the vehicle. The GPS tracking device will be able to monitor and assess the driving actions of a driver. Both the information from the camera and GPS can be recorded or streamed live in order to monitor drivers who have been legally mandated to have the device installed in their vehicle.

How Does This Affect Existing Interlock Devices?

Any vehicle that has already been fitted will not be required to upgrade to the new interlocking devices or that any changes be made to the existing device. The previously mandated device will stay in place until their sentence and MVD requirements have been fulfilled. Further Interlock Device Requirements Arizona law further requires that the driver of the vehicle pays for the installation of the device through an authorized dealer as well as the calibration and maintenance of the device to ensure that it is operating effectively. The device needs to be inspected to ensure that it is in good working order by a certified technician every 30 days for the first 3 months. Depending on the sentence that has been handed down, the device may need to be installed anywhere from 6 months to two years. Current devices may also request rolling tests on a random basis while the vehicle is running. This is in an attempt to bypass the loophole that anyone can blow into the device. Contravening any of the laws regarding the interlock device can carry severe penalties in Arizona. It is therefore highly recommended to contact a lawyer who is experienced in the law should you be charged with a DUI. Robert A. Dodell, Attorney at Law, can provide the best legal advice and representation regarding DUI and Interlock Device legislation.

Updated Interlock Device Law In Arizona is republished from AZCrimLaw Updated Interlock Device Law In Arizona first appeared on:

DUI Attorney Scottsdale - Criminal Lawyer - Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Thursday, October 11, 2018

What Is a Hate Crime and How Can It Affect Me?

A hate crime can be committed against another person or property. It is a type of crime committed due to prejudice or hostility of the perpetrator towards the victim’s disability, religion or belief, ethnicity or race, sexual orientation, or transgender identity. Anyone can be a hate crime victim. In fact, you don’t have to belong to the group that is the target of the hostility. A hate incident is not the same as a hate crime, although it may feel the same to the victim of a hate incident. After all, the incident is also based on a person’s prejudice over another person’s disability, religion, race, or sexual orientation. In many cases, a hate incident escalates into a crime or tension within the community. This is why such incidents are a matter of concern for the police, although no crime has been committed. Effects of Hate Crimes Because people are different, hate crimes affect them in various ways as well. It is important to remember, however, that any change that happens in how you feel may be due to the traumatic experience that you have experienced. The fact that you know the act was deliberately done by another person makes the crime difficult to cope with. The perpetrator of a hate crime does it with the intention of causing some kind of harm on another, unlike an illness or an accident. A victim typically experiences the effects of a hate crime for a long period of time, and it is not dependent on the severity of the crime. There are people who can cope very well with different types of horrifying crimes. On the other hand, some people can be extremely distressed even by a less horrific incident. Following are some effects of experiencing a hate crime:

  • Anger or feeling upset or other strong emotions – You may become too emotional after experiencing a hate crime, and these strong emotions can result in making you more confused and unsettled. You may also feel upset, angry, or afraid. However, as mentioned, people have different reactions to crime.
  • Things falling apart – You may find things suddenly falling apart for you. Initially, you may feel quite normal, but things may quickly begin to fall apart in no time.
  • Manifestation of physical symptoms – Like some people, you may show physical symptoms like feeling ill or lack of sleep.
  • Blaming yourself – You may blame yourself for what happened, and think that you might have avoided it by having done things differently. A lot of victims either blame themselves or feel quite embarrassed to come forward and seek help. It is therefore important to keep in mind that it wasn’t your fault.
  • Long-term concerns – A hate crime may cause you to develop long-term problems like depression, anxiety, and other related illnesses. Many victims don’t experience long-term harm, although some short-term effects can be quite severe. Sometimes, victims develop long-term concerns like anxiety-related disorders, and some people have an extreme, long-lasting reaction after a hate crime (also known as PTSD or post-traumatic stress disorder)
Final Word A hate crime can have serious repercussions for the victim, and for the perpetrator as well. If you find yourself in the victim of such a crime, Robert A. Dodell, Attorney At Law, can assist you as a representative of victims. This way, you can be sure that your rights are well-protected at all times.

What Is a Hate Crime and How Can It Affect Me? is available on best defense attorney Robert Dodell What Is a Hate Crime and How Can It Affect Me? first appeared on:

DUI Attorney Scottsdale - Criminal Lawyer - Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Saturday, September 29, 2018

Can You Go to Jail for Disorderly Conduct in Arizona?

Disorderly conduct does not pertain to a single type of action. Instead it may involve different actions that can be generally considered as unruly. Among the more common acts that usually result to a disorderly conduct allegation is arguments and public drunkenness. A disorderly conduct charge should never be taken lightly. After all, without a good defense, you can land in jail. To make sure that all facts are considered and the best possible defense is presented on your behalf, you should have an experienced lawyer like Robert A. Dodell, Attorney At Law, by your side.

Common Causes of Disorderly Conduct Charges

If you’ve had a little too much to drink, and things get out of hand, you can most likely expect a disorderly conduct charge. Loitering, disturbing the peace, and provoking another person with a threat are also common causes of disorderly conduct accusations. Simply put, any kind of disruptive public behavior may prompt police officers to apprehend you for disorderly conduct. This is why a lot of people think that disorderly conduct is a “catch-all” offense. It’s comprehensive and subject to interpretation. While alcohol is involved in a lot of cases, there are also many non-alcohol related types of disorderly conduct – but there is always disruptive behavior. Examples include public use of obscene language, firing a gun near public roads, and threatening another person in a public place, among others. By public place, it means the general public has access to the place, even if it is a private property.

What to Expect When Nabbed for Disorderly Conduct

The arresting officer can issue you a citation to appear in court, But the arresting officer can, instead, can take you to the police station and process the disorderly conduct charge. You will be photographed, and your fingerprints will be taken. You will then be brought to a holding cell where you will wait until your paperwork is processed, which may take a few hours. Once it is done, you will be allowed to go home and wait for your court date. You will need to attend your court date. The attorney for the City will seek punishment for your behavior. That will depend on various factors including your prior offenses (if any), severity of the case, and where and with whom the act happened. Disorderly conduct, is a misdemeanor offense, and any conviction for this charge will result in a criminal record, no matter the penalty. Since this is a misdemeanor, you may be meted a bigger fine and even some jail time, which can be up to 6 months.

Discretion of the Judge

A disorderly conduct charge, at trial, is typically anchored on the judge’s discretion as to whether the behavior fits within the broad definition of disorderly conduct. Disorderly conduct cases can be won at trial. But if convicted, the judge may opt to give you a reduced punishment if it is your first offense. You may only be required to pay a fine or render community service hours, and not be sentenced to jail. Repeat offenders are treated more harshly. The judge will also take your character into consideration, and weigh all the case’s facts. Disorderly conduct shown at a race track or ballpark may bring lighter penalties than when done in a hospital or school. When facing a disorderly conduct charge, it is best that you immediately contact an experienced lawyer like Robert A. Dodell, Attorney At Law. This will help you get the best possible results for your case.

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DUI Attorney Scottsdale - Criminal Lawyer - Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Friday, September 7, 2018

How a Defense Lawyer Can Help You Keep Your License

You put your own life and the lives of others at risk the moment you decide on driving while intoxicated. That is why it is illegal, and once you are arrested for DUI, you can expect to face a long legal process. Thus, it is best that you have a competent lawyer like Robert A. Dodell, Attorney At Law, by your side throughout the process.  

When You Should Hire a DUI Lawyer

A lot of DUI offenders go through their cases without the benefit of legal representation. However, because of the gravity of the crime, it would be difficult to go through the process on your own. You should consider getting the services of a good DUI attorney.  

Reasons to Get the Services of a DUI Attorney

DUI attorneys like Robert A. Dodell are experienced in  dealing with drug and alcohol-related charges. They can help you get the best possible results for your case. A DUI attorney will navigate the confusing legal process and work toward a dismissal.  The attorney should also assist in dealing with the driver license suspension or revocation, vehicle impoundment, and alcohol program.  

What Your Prospective Criminal Defense Lawyer Must Have

When searching for the right lawyer to work with, you should consider the following factors:
  • Familiarity with the Arizona DUI/DWI laws
  • The number of cases similar to yours that the lawyer has been involved with in the past
  • Your comfort with the attorney
  • The fees they charge for their services
  • How much involved will the lawyer be in your case, or the amount of work he will handle directly – You’d prefer a lawyer who would be involved directly in most if not all the court proceedings, instead of merely passing the duty to his associates.
  • The lawyer’s relationship to the prosecution side
  It is important that you work with an experienced Arizona DUI lawyer like Robert A. Dodell, Attorney At Law, to fight for your side.  

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DUI Attorney Scottsdale - Criminal Lawyer - Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Monday, August 20, 2018

What to Expect With a 2nd DUI Offense in Arizona

When you commit a 2nd DUI offense within 7 years of a previous conviction in Arizona or any other state, you can expect to receive a harsher punishment than your first offense. Arizona outlaws driving or having physical control of a motor vehicle while intoxicated or under the influence of drugs. You can be charged with a DUI if you are found driving:

  • While impaired to the slightest degree by alcohol or drugs
  • With a BAC of at least 0.08% within 2 hours of driving; 0.04% if driving a commercial vehicle
  • With any amount of drugs or metabolites in your system
In general, you will be slapped with a Class 1 misdemeanor if you commit any of the offenses above for the 2nd time.

Criminal Penalties You May Be Facing

Standard 2nd Offense (BAC above .08, but less than .15)

The court imposes criminal penalties for DUI convictions. Criminal penalties for a 2nd DUI conviction include the following: Standard second DUI – A class 1 misdemeanor, it includes a jail term of 90 days, 60 days which are suspended with the completion of an alcohol or drug program. Of the 30 day jail term, 80% of the sentence may be able to be done on home detention. Therefore, there is 6 days of actual jail time.
  • Assessments and fines of approximately $3,400, not including jail cost.
  • MVD will impose a 1-year revocation of driving privileges. It may be possible a restricted license after 45 days with the installation of a "special" Ignition Interlock Device. There is a 1 year Ignition Interlock requirement after that.
  • You must also render community service of 30 hours.
 

Second Extreme DUI (BAC .15, but less than .20)

This is a Class 1 misdemeanor that comes with a jail term 120 days. Of the 120 day jail term, 80% of the sentence may be able to be done on home detention. Therefore, there is 24 days of actual jail time.
  • Assessments and fines of approximately $3,700, not including jail cost.
  • MVD will impose a 1-year revocation of driving privileges. It may be possible a restricted license after 45 days with the installation of a "special" Ignition Interlock Device. There is a 1 year Ignition Interlock requirement after that.
  • You must also render community service of 30 hours.

Second Super Extreme DUI (BAC of .20 or above)

This is a Class 1 misdemeanor that comes with a jail term 180 days. Of the 180 day jail term, 80% of the sentence may be able to be done on home detention. Therefore, there is 36 days of actual jail time.
  • Assessments and fines of approximately $4,600, not including jail cost.
  • MVD will impose a 1-year revocation of driving privileges. It may be possible a restricted license after 45 days with the installation of a "special" Ignition Interlock Device. There is a 2 year Ignition Interlock requirement after that.
  • You must also render community service of 30 hours.

"Special" Interlock Device - Restricted Driver’s License

If you get a license suspension for a 2nd DUI conviction, you may be given a "special" interlock device, that allows for restricted driver’s license. This license will allow you to drive a car to and from school, work, and alcohol/drug treatment centers. It will depend on the kind of your DUI conviction. In general, these involve:
  • Completion of the 45-day license revocation period
  • Completion and proof of a drug/alcohol screening
  • Proof of IID installation
  • Proof of MVD financial responsibility
The MVD can still deny you of the restricted license even you comply with all the requirements. A second offense DUI is a complicated process. It is possible to fight these cases. Protect your rights. Protect your driver's license. Contact an experienced Arizona DUI lawyer like Robert A. Dodell, Attorney At Law, right away to help you go through the complex process of the Arizona DUI law.

What to Expect With a 2nd DUI Offense in Arizona is republished from www.azcrimlaw.com – RobertDodell What to Expect With a 2nd DUI Offense in Arizona first appeared on:

DUI Attorney Scottsdale - Criminal Lawyer - Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Thursday, August 9, 2018

Sobering Up By Sleeping in the Car

So, can a person be arrested for sleeping off intoxication in the car? The simple answer is yes, you can be charged for impaired driving – even when you are not even driving your car when apprehended. How is this possible? When a police officer finds you in the driver’s seat of your car, and suspects that you’ve had a bit too much to drink, impairing your ability to drive properly, you will be investigated. You can be arrested for DUI even if you are just sitting in the front seat or even when sleeping in the backseat to sober up. This is because of the care and control principle.  

Actual Physical Control Principle

The Actual Physical Control principle basically presumes you can drive your car while intoxicated. If you are found in the driver’s seat, the assumption is you’re in control of the vehicle – even if the keys aren’t in the ignition or you don’t own the car. You can be charged and will have to fight this at your trial. You would need to convince the judge or jury that you weren’t in the driver’s seat to drive. A lot of people are not aware of this. People who have experience getting arrested for sleeping in their parked car will discourage you not to be caught sleeping in your car parked in a watering hole’s parking lot - in the wee hours of the morning - and visibly in no condition to drive. You can still get arrested this way. You may think that you are free from arrest by sitting in the back, and not in the front seat of your car. The arresting officer can establish Actual Physical Control on your part if there is a threat or danger of the vehicle and the occupants, including the danger of the vehicle being set into motion or other kinds of similar risks. In determining whether you are in actual physical control, the judge or jury will consider the totality of the circumstance shown by the evidence and whether your current or imminent control presents a real danger to you or others. Factors to be considered might include:
  1. whether the vehicle was running;
  2. whether the ignition was on;
  3. where the ignition key was located;
  4. where and in what position you were found in the vehicle;
  5. whether you were awake or asleep;
  6. whether the vehicle’s headlights were on;
  7. where the vehicle was stopped;
  8. whether you had voluntarily pulled off the road;
  9. time of day;
  10. weather conditions;
  11. whether the heater or air conditioner was on;
  12. whether the windows were up or down;
  13. any explanation of the circumstances shown by the evidence.
And this list is not meant to be all-inclusive.   Each DUI case is decided based on the facts and circumstances surrounding each particular case. Thus, it is a good idea to get the services of a competent and experienced DUI lawyer like Robert A. Dodell, Attorney At Law, when facing a similar case in Arizona. This way, you can be sure that all aspects of the case are considered, so you can come up with the best possible defense.

Sobering Up By Sleeping in the Car was originally published on call Robert A. Dodell at (480) 860-4321 Sobering Up By Sleeping in the Car first appeared on:

DUI Attorney Scottsdale - Criminal Lawyer - Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Tuesday, July 31, 2018

Drunk Driving vs. Marijuana DUI: What to Expect

Driving While Under the Influence of Alcohol and Marijuana DUI are typically grouped under the umbrella DUI offense together with drive a blood alcohol level of .08 and above; impaired to the slightest degree. With the legalization of medical marijuana in Arizona, having a medical marijuana card is no guarantee that you will not serve jail time if you are found guilty of driving under the influence of marijuana. Driving while intoxicated and driving under the influence of drugs like marijuana are serious offenses and should not be taken lightly. For one, you may face jail or even prison time. Thus, when charged with DWI or DUI, it is best that you have excellent legal representation to help you get the best possible results.  

Drunk Driving versus High Driving

Both drunk driving and marijuana DUI are illegal, although some changes to the DUI law were implemented with the recent legalization of medical marijuana in some states in the US, including Arizona.  

Measuring Blood Alcohol Levels and Marijuana Usage

If a police officer suspects your driving is impaired due to excessive alcohol consumption, you will likely be requested to undergo a breathalyzer test or a blood test to determine the alcohol level in your system. If a police officer pulls you over, suspecting that you may be driving under the influence of drugs like marijuana, the arresting officer will likely ask you to undergo a blood test or a urine test to determine the what drugs are in your system. The tests are used to determine the presence of meth, marijuana, cocaine, methadone and even prescription drugs.  

Instances That May Merit a DUI Charge

According to statistics, for every 50 people arrested for drunk driving, 1 arrest for marijuana DUI is made. So, what will get you arrested for DUI? You may face a DUI charge if the following factors are present:
  • You are in control of a motor vehicle, even if you are currently not driving it
  • If the level of alcohol found in your system is at least 0.08% (0.04% if you are driving a commercial vehicle
  • If you are noticed to show signs of impaired driving.
 

Penalties for DUI/DWI in Arizona

In Arizona, your driving history and the circumstances that surround your DUI/DWI case will determine the appropriate penalties. Conviction may come with fines, jail time, license suspension or revocation, and completion of an alcohol or drug addiction treatment program. Following are some additional information about DUI/DWI in Arizona.
  • Standard DUI – This involves driving with a BAC of at least 0.08% (0.04% for commercial vehicles). A first-time DUI offender faces a jail term of 10 day, but 9 days may be suspended, fine and fees of approximately $1500, and compliance to the interlock requirement on your car’s ignition. You must also complete an alcohol and drug screening, education, and treatment program. Stiffer penalties are imposed for subsequent convictions. Read more on standard/misdemeanor DUI's
  • Extreme DUIs – You will be charged for extreme DUI if you have a BAC greater than .15%. A first-time DUI offender faces a jail term of 30 days, but 21 days may be suspended. Of the 9 days in jail, 7 may possibly be done on home detention. Fines and fees of approximately $2800, and compliance to the interlock requirement on your car’s ignition. You must also complete an alcohol and drug screening, education, and treatment program. Stiffer penalties are imposed for subsequent convictions. Read more on Extreme DUI's
  • Extreme DUIs – You will be charged for extreme DUI if you have a BAC greater than .20%. A first-time DUI offender faces a jail term of 45 days, but 31 days may be suspended. Of the 14 days in jail, 11 may possibly be done on home detention. Fines and fees of approximately $3200, and compliance to the interlock requirement on your car’s ignition. You must also complete an alcohol and drug screening, education, and treatment program. Stiffer penalties are imposed for subsequent convictions. Read more on Extreme & aggravated DUI's
  • Aggravated DUI – These are felonies and the penalties for include prison time on a first offense. You can get an aggravated DUI charge if:
    • Alcohol has impaired your ability to driving to the slightest degree or the BAC exceeds the legal limits; and
    • You license is currently revoked, cancelled, or suspended, or
    • It is your third DUI charge within a period of 84 months.
  When facing a DUI charge in Arizona, contact Robert A. Dodell, Attorney At Law to get the best possible legal representation for your case.

The following blog post Drunk Driving vs. Marijuana DUI: What to Expect See more on: Law Offices Dodell Drunk Driving vs. Marijuana DUI: What to Expect first appeared on:

DUI Attorney Scottsdale - Criminal Lawyer - Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Wednesday, July 18, 2018

What to Expect with 3 or More DUI Offenses in Arizona

Have You Been Charged With More Than One DUI?

In Arizona, it is unlawful to drive or have physical control of a motor vehicle if you are under the influence of drugs or alcohol. A first or second DUI conviction in Arizona already comes with serious consequences, more so if it is already your third or more verdict within 7 years of a previous conviction.

You can be convicted of a DUI offense in Arizona if you drive under the following conditions:

  • Impaired by alcohol or drugs to the slightest degree
  • Blood alcohol concentration or BAC of at least 0.08%
  • With any volume of a type of drug or metabolite in the body
  • Driving a commercial vehicle with at least 0.04% BAC
A first and second offense is considered a Class 1 misdemeanor. However, a third DUI conviction within 7 years becomes a Class 4 felony.  

Administrative Penalties

The Motor Vehicle Division of Arizona’s Department of Transportation imposes administrative penalties for a DUI arrest. These penalties apply even if the case is dismissed later. These include:
  • License suspension for at least 90 days – The penalty is meted to motorists caught with at least a BAC of 0.08% (0.04% for commercial drivers) within 2 hours of driving or having actual physical control of a vehicle.
  • A 1year administrative suspension and completion of alcohol and drug screening – The suspension is imposed on motorists who refuse to undergo a chemical test such as a blood or breath test. A 2 year suspension of driving privileges faces motorists for refusing to take a test for the second time. You will then be required to complete alcohol and drug screening after the suspension to get your license back. You may challenge your administrative licence suspension within 15 days after your arrest by requesting for a hearing.
  • A 1 year administrative revocation with a felony conviction. In order to get a revoked license reinstated, the driver must undergo a revocation investigation from the Motor Vehicle Division.
 

Criminal Penalties

The court imposes criminal penalties for DUI convictions. A third DUI comes with a minimum prison term of 4 months before placed on probation. You will also be required to pay fines and assessments of at least $4,700. If  convicted of an alcohol-related DUI, the 24-month ignition interlock device is requirement after reinstatement of the driver's license after the completion of the revocation. Your vehicle may also be forfeited if you owned the car you were driving when you were caught driving under the influence.  

License Revocation and Reinstatement

When your driver’s license is revoked as a result of a 3rd DUI conviction, there is no automatic reinstatement of your driving privileges after one year. You need to complete an investigation packet first. This includes:
  • Revocation Certificate – The certificate indicates whether or not you’re presently employed, any traffic violations committed during the last 12 months, and current attendance or completion of alcohol or drug treatment/education programs.
  • Compliance Statement – The compliance statement issued by the sentencing court would indicate if you’ve met the treatment or screening requirements ordered by the court.
  • Recommendation from Health Professional – The recommendation involves a review of your revocation certificate and the compliance statement by a health professional.
Aside from the packet, you must provide an SR-22 or evidence of your future financial responsibility to the MVD. The MVD will then review your case based on your provided information. Their final decision will be relayed to you in writing.   If you have been apprehended for a DUI offense, especially if it is your third or more, you need to immediately get in touch with an experienced DUI attorney. Robert A. Dodell, Attorney At Law, can help you get through the complex process of the DUI laws in Arizona.

What to Expect with 3 or More DUI Offenses in Arizona Find more on: Law Offices Dodell What to Expect with 3 or More DUI Offenses in Arizona first appeared on:

DUI Attorney Scottsdale - Criminal Lawyer - Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Monday, July 9, 2018

Is It Ever Legal To Shoot a Trespasser

When Is It Legal to Shoot a Trespasser?

In general, property owners in Arizona are not allowed by law to employ deadly force in protecting their properties from trespassers. They may, however, use their guns to shoot at intruders in self-defense. This may only be applicable if they fear for their lives or if they believe that the intruder is capable of inflicting serious bodily harm, and is about to do so. Simply put, shooting at a trespasser can be considered a legal gamble because you can still potentially be held civilly or criminally liable if you are proven to have crossed the line. Thus, if you find yourself in a similar situation, it is best that you immediately seek the help of a competent and experienced criminal defense lawyer in Arizona like Robert A. Dodell, Attorney At Law.  

The Self-Defense Law in Arizona

In the state of Arizona, you are justified if you threaten or actually use physical force in defending yourself against someone else to such an extent that any reasonable person would be convinced that force is necessary for your immediate protection. If another person is attacking or punching you, for example, you are allowed to use force just to stop the other person from hurting you. The physical force must be just enough to keep you from sustaining more harm. It would be unlawful if you keep punching the other person even after the threat of physical harm has stopped. You are likewise justified if you threaten or use deadly physical force on another person in situations where any reasonable person would be convinced that the deadly force is necessary for your immediate protection. If somebody threatens you with a gun or knife, for example, you can use a certain level of physical force that may be enough to kill the other person to stop him from hurting you. Prosecutors and police officers consider a lot of factors when deciding if using deadly force is justifiable in case of self-defense in a trespassing situation. To put it simply, the use of force is justified if any reasonable person will believe that it was necessary to use deadly force for protection.  

Limitations on Claiming Self-Defense

Arizona laws allow proportional and reasonable self-defense, and the “stand your ground right.” However, there are several limitations to this provision, including:
  • Verbal Provocation - The self-defense claim is not applicable if there is only verbal provocation. You cannot use physical if someone is swearing at you, or calling you insulting names. You can’t retaliate with physical force or threaten violence.
  • Resisting Arrest – You can’t claim self-defense when resisting arrest done by a person in authority – even if you are not guilty of the charge. There is one exception, and that is when the arresting officer is using excessive, unreasonable, and unlawful force.
  • Provoking the Initial Encounter – One key self-defense element is to be free from fault in triggering the situation that resulted to the use of deadly force. The only exception is if the other party continues to use physical force on you even if you have withdrawn from the encounter, which was clearly communicated to the other party.
  • No Immediate Need to Use Force – There must be a threat against your person at the present time, and not several minutes, an hour, or a day ago.
  Stand your Ground and Self-Defense is very fact specific. One has to be very careful how they react to a crime, since it is possible to be charged with a crime oneself. When faced with criminal charge, you should immediately contact Robert A. Dodell, Attorney At Law for a free consultation and legal representation. This way, you are guaranteed the best possible defense for your particular case.    

Is It Ever Legal To Shoot a Trespasser is republished from www.azcrimlaw.com robert a dodell attorney Is It Ever Legal To Shoot a Trespasser first appeared on:

DUI Attorney Scottsdale - Criminal Lawyer - Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Friday, June 29, 2018

What To Do When Charged With A Dangerous Offense In Arizona

The legal system is challenging to navigate, even under the very best of circumstances. If you have been charged with a dangerous offense, you need to find an experienced legal defense like Robert A. Dodell, Attorney At Law, to represent you. At Robert A. Dodell, Attorney At Law, we are dedicated to helping folks like you during these troubling times. There are several things that must be handled in order to ensure the best outcome possible. From the moment you are contacted by the authorities until your trial is over, you need to have a professional lawyer by your side. Don't answer any of the questions posed to you by officers of the law, no matter what agency they work for. No matter how guilty or innocent you are of the charges, the information provided can be used against you. Not only does this include anything that you say after your rights have been read, but also before. Remember that the cops are taking notice of every word you say, looking for anything that will further incriminate you. By law you are entitled to speak to an attorney.. It is important that you begin taking steps to retain an attorney immediately. Take the opportunity to call an attorney immediately. Ideally you will have your own attorney when you walk in front of the judge to be arraigned. In most cases the State attorney will request that dangerous offenders remain behind bars while awaiting trial. An attorney can advocate for you to be released. There are several additional factors that your lawyer can bring up to support the request. If you have a job, family and responsibilities within the community, you are less of a flight risk. Also, if this is your first offense, the judge is more likely to release you on without a bond. Whether you are waiting out your time behind bars or have been allowed to go about your daily routine, don't discuss the case with other people. You don't want to inadvertently share something that could hurt your case further down the line. Also, you should do everything possible to stay out of trouble while awaiting trial. Stay away from illegal activities, and quit using any illegal recreational substances. You should be a model citizen or it is possible that you will end up in jail again. Make sure that you follow through with their instructions, such as not connecting the victim, returning to the scene of the crime and staying within the State. Your attorney can advise you of any other important factors that could help you case. At Robert A. Dodell, Attorney at Law, we will advise of you of everything needed to help your case reach the best outcome possible. It is important that you don't panic when you have been charged with a dangerous offense. Remember that the cops initially charge folks with the steepest charges possible. This allows for more negotiating room between the attorneys on both sides. A good lawyer can get some of the charges reduced or dropped, which means less penalties for you. Your attorney might even find enough evidence to have the entire case tossed out of court. Yes, being charged with a dangerous offense can be frightening. However, you don't have to let that overwhelm you. Robert A. Dodell, Attorney At Law, is here to help guide you through the entire process. If you need immediate legal assistance with a dangerous crime offense/charge, contact us today for a free initial consultation for your case.

The post What To Do When Charged With A Dangerous Offense In Arizona was originally published to www.azcrimlaw.com What To Do When Charged With A Dangerous Offense In Arizona first appeared on:

DUI Attorney Scottsdale - Criminal Lawyer - Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Sunday, June 24, 2018

Under The Age of 21 DUI Defense?

What Happens When An Individual Under The Age Of 21 Gets A DUI?

Underage drinking is something that continues to make its way onto the roads and it's important to have a good understanding of what Arizona does about it. In general, each state will have varying regulations when it comes to underage drinking, how it's regulated, and what the consequences are of being charged. Here is a look at the consequences a person under the age of 21 can face for having any amount of alcohol in their system while driving a motor vehicle.

What is a DUI?

A DUI Alcohol refers to "Drinking Under the Influence" and is measured based impairment to the slightest degree and on the individual's blood alcohol content at the time of their test. The test is conducted by a licensed officer after the driver has been stopped and there are specific protocols for how it's to be conducted. There are several levels to the DUI charge and it will vary from person to person based on what's happened at the time of their charge.  

Arizona Laws on Age for DUIs

Underage drinking remains a common occurrence in Arizona.  Recent research into the prevalence of underage drinking in Arizona with over 40% of all underage individuals consuming alcohol at one time or another. A good portion of these individuals are prone to get behind the wheel. In such circumstances, it's important to have a deeper understanding of relevant legalities and what court proceedings can encompass when a DUI is involved for a person under the age of 21. For adults over the age of 21, the established BAC or "Blood Alcohol Content" is set at 0.08 percent. However, for individuals under the legal drinking age of 21, the blood alcohol content is set at 0.00%. Yes, this means any level of alcohol in the bloodstream is illegal if the underage person is behind the wheel. Please note, the harshness of each penalty is going to vary depending on the individual's age, past history, and amount of alcohol in the system when recorded. These variables will be noted down and taken into account during various stages of the process including the court case. Since Arizona has a zero-tolerance policy, this means the initial penalties can be hefty even if the individual has a clean record. Individuals can be charged with up to six months in jail, probation, time spent in a driver's education course, class 1 misdemeanor, fines/court costs up to $2,000, and additional penalties based on the case's details. All of this is mentioned at the time of the hearing and it's something to keep note of while defending a DUI charge. For those that are facing second time DUI charge, the penalties will be harsher as this is a repeat offense while being underage. In some cases, the fines and penalties will double and it's up to the judge's discretion at the time of the hearing. In addition to the criminal penalties, adults under the age of 21, are often charges with a Title 4 Alcohol Offense, Minor Driving with Alcohol.  The penalty for this is typically a fine, but MVD will suspend the adult's driver license for two years, even though this could be beyond the 21st birthday. If an individual is in a situation such as this, it's best to have a qualified DUI defense professional on hand to help out and make sure the case is presented appropriately. This is the best way to avoid facing harsher consequences and make sure a fair verdict is achieved. For more information on Arizona's DUI regulations and potential age-based liabilities, please take the opportunity to call in and speak to a DUI lawyer from Robert A. Dodell, Attorney at Law. This law firm is ready to provide wholesome assistance as soon as the first meeting begins and will continue to do its due diligence based on what a client requires. It's important to take clear action and have a proven defense lawyer for DUI cases.

Under The Age of 21 DUI Defense? was first published on www.azcrimlaw.com Robert Dodell Law Under The Age of 21 DUI Defense? first appeared on:

DUI Attorney Scottsdale - Criminal Lawyer - Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Saturday, June 9, 2018

Issuing Bad Checks – How It Can Affect You

Bad checks can lead to serious criminal repercussions. If you have written many bad checks intentionally and the checks bounced, you will probably need a criminal defense attorney. Perhaps something went wrong in your bank’s processes or your employer is at fault. Or maybe you went amiss in your own personal accounting. Whatever your reason is, you need a credible defense which you can build together with a good lawyer. We have experience with a bad check defense at Robert A. Dodell, Attorney at Law. Start your search for lawyers with us. We offer a free initial consultation and can be easily be accessed.  

Possible Punishments from Bad Check Cases

People with bad checks are advised not to talk to the bank involved or any commercial institution. It’s best to keep quiet about it. Do not even talk to the police. Any information divulged to any of these entities can be used in court and can lead to a criminal proceeding involving fraud or passing bad checks. Punishments vary from state to state. Depending on your particular situation and the circumstances surrounding your case, you can be charged with either civil penalties, or criminal penalties, or both. In Arizona, a convictions for a writing bad check can result will punishment of up to 6 months in jail and probation. Each case is handled a little bit different based on the evidence, the intent and criminal background of the person convicted. You will need to pay back the full amount of the fraudulent check and you may be subjected to a fine of up to $2500, plus an 84% surcharge. In Florida, where these cases are considered criminal offenses, a convicted person may end up spending up to 1 year in jail, where the issued check was for less than $150. Beyond this amount, the court of the state will label the case as a third degree offense and, if proven guilty beyond reasonable doubt, a person can be punished with a maximum of 5 years imprisonment. If you live in New York, getting convicted for passing a bad check can land you in jail for up to three months in jail. Another penalty is a fine of up to $750. Additional penalties may be imposed depending on the check’s amount. In California, first-time offenders can be given up to 1 year in prison time. This penalty is applicable for checks with amounts lower than $200. You wouldn’t wish to be a resident of Texas and committed the crime there, as the state has some of the toughest laws against fraud and bad check writing. Penalties can go up to 2 years in jail. Fines in Texas can reach up to  $10,000.  

Possible Defenses

In bad check cases, the prosecution’s duty is to prove that the person charged knew that there was not enough money to cover his or her purchase, but decided to proceed with the purchase anyway. Any of the following situations will convince prosecutors that a case merits a court trial.
  • Postdated checks
  • Writing a check on an already closed or non-existent bank account
  • The bank involved is required to send a letter informing the account holder that he has insufficient funds. Failure to replenish the account to meet the required amount within 10 days is considered to be intent to ignore the notice and a willful violation of the law.
The usual defense strategy by lawyers for bad check offenses is to discredit the evidence presented by the prosecution. It is the same strategy that your lawyer might use and much of what he will do will be based on the particular circumstances of your case.  

There Are Different Defenses.

One defense is the situation where the recipient of the check cashed the check early, but was aware that the payer did not have sufficient funds in the account at the time the check was received.  The recipient  was supposed to process the check at a future date when the funds were available, but failed to do so. Another defense is quite similar.  The payer postdates the check, but the recipient cashes the check early.  If the recipient would have waited, there would have been enough funds to cover the check. A third defense is that the payer was unaware that the bank removed funds from the account without one's knowledge or the bank changed bank service charges against the account without one's knowledge, resulting in insufficient funds.  

How Conviction Can Affect You

Aside from the fines, jail time, limits on rights and a temporary time where you cannot work, people convicted for passing bad checks have to face other serious consequences, such as:
  • Your credit score may be affected
  • Some banks will close the bank account and you may find it difficult to open another account elsewhere
  • Job limitations – Some companies are not open to accepting applicants with criminal records
Hire an experience criminal defense attorney,  Robert A. Dodell, Attorney at Law.  The quality of your life is at stake.  

Free Initial Consultation

Robert A. Dodell, Attorney at Law, offers free initial consultations for criminal defense cases.  You can tell him your story without paying anything out of your pocket.

Issuing Bad Checks – How It Can Affect You is republished from www.azcrimlaw.com – RobertDodell Issuing Bad Checks – How It Can Affect You first appeared on:

DUI Attorney Scottsdale - Criminal Lawyer - Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Sunday, May 20, 2018

Finding a Life and Health Insurance Fraud Attorney to Help You

Fighting fraud is one of the practice areas of Robert A. Dodell, Attorney at Law. Insurance fraud victims should be able to find affordable legal representation to help defend their case. Attorney Robert Dodell is here and available to offer you legal assistance to defend your rights. People seeking financial gain use insurance fraud to either receive maximum benefits or acquire services. Educate yourself about insurance fraud to protect yourself from being someone’s next target.

What is life insurance fraud?

Life insurance is one of the motives for murder in the US. Recipients of insurance money would kill or hire another person to murder the policyholder for the hundreds of thousands of dollars in insurance payout. Other instances of insurance fraud go as far as faking disabilities or death to obtain insurance money. Insurance fraud is generally described as hiding information during the application procedure and making false insurance claims afterward. People would also tend to cover up their ailments to be able to acquire a life insurance policy. With so much money at stake, insurance companies typically examine claims and suspicious deaths.They seek help from private investigators to probe insurance claims. However, some people are capable of using tactics to collect life insurance money and deceive family, friends, and insurers.  

Types of life insurance fraud

There are two main types of life insurance fraud. The first kind is easier to investigate and has less legal or criminal consequences. The second kind is more dangerous and involves serious criminal charges. Here are some ways life insurance fraud are committed:  
  • Premeditated Murder

Insurance policies pay out when the insured dies or is murdered. However, the person, usually a family member, who killed or hired a killer, is not allowed to benefit from the crime. Legal consequences will also be enforced for this kind of insurance fraud. Individuals who are found guilty of murder for insurance payout will have to face criminal charges, as well as fraud accusations.  
  • Faked Deaths and Disabilities

Fraudsters who fake their deaths have to stay out of sight to convince people they are indeed dead. However, not all people are capable of completely cutting ties with family members or friends. Hence, they get caught and brought to the appropriate court. Faking one’s death or disability may not be a crime in itself, but the people who collect payouts under pretense are guilty of fraud. Lying about medical records or death to obtain benefits will incur penalties, depending on what state the scheme was committed.  
  • Forgery

Forgery refers to unauthorized alterations in the insurance plan. For instance, a family member, friend, or even a stranger gets access to a person’s insurance policy and information, and changes the recipients of the insurance payout.  
  • Policy Up-Selling

Policy up selling isn’t necessarily a scam, but it’s a common dirty practice among dishonest commission agents. The insurance agents may make false promises such as increased payout if the insurance holder gets embroiled in an accident and dies.  
  • Pocketed Premiums

Insurance agents also do fraudulent activities that involve misappropriating client premiums instead of buying life insurance. Fraudsters typically sell policies to senior citizens that are unfitting for their needs. When found guilty, the fraudster can face over ten years imprisonment. Other states impose varying penalties, depending on the amount of money involved in the scheme.  

What is health insurance fraud?

Health insurance fraud is another type of insurance fraud perpetrated by few deceitful individuals or institutions. Unfortunately, both providers and patients can commit this kind of sham. The medical providers who commit health insurance fraud often misrepresent and alter claims. They also charge more for services, items, and patient appointments that never occurred or furnished. The primary motivation for healthcare fraud by providers is to get more compensation from Medicare. Patients who try to scam healthcare also usually fabricate or conceal health information to receive benefits. Individuals often modify forms; deliberately not reporting information, or covering pre-existing conditions.  

Types of health insurance fraud

The two types of health insurance fraud are as follows:  
  • Individual Health Insurance Fraudster

An individual subscriber commits health insurance fraud by exploiting someone else’s identity to acquire funds, goods, or services. It also refers to someone who lets other people use his or her information to collect health care assistance. In this type of health insurance fraud, individuals also purchase drugs that were not approved by the physician.  
  • Medical Institution Fraudster

The most common offense committed by health care providers is making patients pay for medical supplies, devices, and procedures that were never rendered. For instance, a health care provider will charge high-priced service to gain more compensation and revenue. Some healthcare providers also influence patients to undergo medical treatments that are unnecessary. They even go as far as fabricating results to encourage patients to subscribe to expensive treatments. Perhaps the most menacing case of healthcare fraud is when institutions submit bills for lab tests in a fragmented fashion. As a result, the laboratory will increase their revenue by charging tests separately instead of as a whole.  

Why do you need to talk to an attorney if you’re accused of insurance fraud?

Insurance fraud robs other people of the benefits due to them. It’s a severe problem in the healthcare industry, and anyone proven to have committed the offense can face criminal charges. Violators might pay fines and spend significant time in prison. Any medical provider or individual who is found guilty of life and health insurance policies will have to live with a felony record and stigma for the rest of their lives. This is why you need to talk to an attorney if you've been accused of insurance fraud. As an insurance fraud attorney, Robert A. Dodell, Attorney at Law, will be able to resolve whether you have a legitimate claim and will fight for your best interests. Compensation must be accorded to you if you’ve been unjustly deprived of insurance or accused to have acted in bad faith.  

Contact a Fife Insurance Attorney in Scottsdale

Contact Robert A. Dodell, Attorney At Law for any fraud defense, or send an inquiry thru email to discuss your case if you’ve fallen victim or have become a pawn in life and health insurance fraud.

Finding a Life and Health Insurance Fraud Attorney to Help You was first seen on Law Offices Dodell Finding a Life and Health Insurance Fraud Attorney to Help You first appeared on:

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Thursday, May 10, 2018

Things You Need To Know Before You File For Insurance Fraud

The idea behind having and providing insurance seems perfectly noble. In reality, however, some policyholders and insurers are consumed by greed. As a result, they engage in fraudulent activities to make financial gains against each other. The investigation and litigation for these are bound to be complicated. So if you or a loved one is involved, consult a criminal lawyer like Robert A. Dodell that has experience in insurance fraud to obtain most appropriate legal assistance.  

What Is Insurance Fraud?

As the term suggests, insurance fraud means providing false information in any process involving insurance with the intent to gain. Policyholders and insurers are the main possible perpetrators. However, impostors and third parties may also engage in such crime. A third party is either a professional or a company that willingly renders its services to support a policyholder’s fallacious claim. Healthcare professionals are one of the potential third parties engaged in insurance fraud.

What Are The Elements Of Insurance Fraud?

Insurance fraud comes in various forms. Each form has a different set of elements as well. Furthermore, the elements for each form differ from one state to another. Nevertheless, insurance fraud, in general, has three elements that must be proven in a court. These elements are as follows:
  • The defendant deliberately provides false information.
  • The defendant has intent to gain.
  • The fraud is done in any process involving insurance.
Losing money directly due to the fraud may serve as evidence that the defendant has the intent to gain. However, there’s no need to prove the financial loss as it’s not an element of the crime.  

What Are The Penalties For Insurance Fraud?

The penalties are different for every form of insurance fraud and in every state. Some states regard minor frauds as misdemeanors. As misdemeanors, the penalties are less severe. Possible penalties include probation, community service, and paying a fine. The convicted may also serve some jail time. Severe cases, on the other hand, result to heavier penalties. Fines are higher. Jail time is longer, and it’s not just a possibility. The public records, credit rating, and reputation of the convicted individuals are also tarnished. With these, applying for loans, jobs, and leases will become more difficult for them. Such penalties are only deemed appropriate considering that billions of dollars are lost to insurance scams every year. Additionally, these fraudulent activities increase the amount of premiums that policyholders must pay. But the worst part is that some frauds involve endangering the lives of others.  

Types of Insurance Scams & Fraud

Insurance fraud is mainly classified into soft fraud and hard fraud. Your insurance fraud lawyer may specialize in one or two of the said types. The basic difference between the two is that the potential loss is much greater in hard fraud compared to soft fraud. In hard fraud, there is a deliberate act to create damage, injury, or loss that is covered in an insurance policy. After the act, the perpetrator claims as much as thousands to millions of dollars. Compared to hard fraud, soft fraud is way more common. It tends to involve legitimate claims as well. However, the perpetrator usually exaggerates some details in the claims to get more. In some instances, the perpetrator omits some vital information to lower down the premiums. Soft fraud and hard fraud may involve different types of insurance. Below are the more specific types of insurance scams.  

Insurance Agents & Agency Fraud

In this type of fraud, the victim is usually the policyholder. The perpetrator, either the insurance agents or the entire agency, denies due benefits by doing any of the following:
  • Issuance of bouncing checks
  • Providing less than the due amount
  • Lying about records
 

Health Insurance Fraud

Policyholders and healthcare professionals are the typical perpetrators of this scheme. These may or may not involve legitimate claims. Below are some types of fraud that involves health insurance.
  • Inflated billing
  • Concealment of health conditions
  • Prescription drug fraud
  • Alteration of forms
 

Car & Auto Insurance Fraud

Car insurance fraud is one of the usual crimes done by organized rings. Nevertheless, policyholders and insurers alike may also engage in this crime by doing any of the following acts:
  • Faking damages
  • Exaggerating damages and injuries
  • Vehicle arson
  • Vehicle theft
  • Paper collision
 

Life Insurance Fraud

Scammers wanting to gain more than a hundred bucks go for life insurance fraud. This type of fraud is done by:
  • Faking death
  • False policy application
 

Bait-And-Switch Schemes

Bait-and-switch schemes mainly involve the insurer. These actually fall under false advertising. In these schemes, the insurer lies to the prospective policyholders to entice them. Acts involved in these schemes include:
  • Advertising a premium rate lower than the actual one
  • Increasing premiums for no legitimate reason
 

Force-Placed Insurance

In this case, banks and lenders are the potential perpetrators. This type of fraud happens when the borrower fails to extend an insurance policy for his property. Then, the lender forces to get the property insured. This means the borrower can’t shop around for a better deal. This insurance fraud involves:
  • Not informing the borrower (policyholder) about the insurance costs
  • Denying the borrower the chance to apply for a better policy
Gathering and refuting evidence for insurance fraud will be a meticulous process. Scammers are experts on these things so you shouldn’t just act hastily. To improve your chances, consult a reliable insurance fraud lawyer like Robert A. Dodell, Attorney At Law.    

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DUI Attorney Scottsdale - Criminal Lawyer - Serving Tempe & Mesa, AZ | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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