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

httpss://goo.gl/maps/diwY4pu8X5m

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