Thursday, September 24, 2020

Difference Between Domestic Violence and Abuse?

Domestic violence and domestic abuse are two common terms that are typically used to describe various unlawful acts in a court of law. There is a thin line between the term domestic violence and domestic abuse. Different statutes may have a slightly varying definition of domestic violence and abuse, but most of the definitions have similar descriptions. The US Department of Justice defines domestic violence as crimes of violence and felonies done by a current or former partner, cohabiting partner, spouse, or intimate partner to the victim. However, some statues, including Arizona’s, also include children victims as part of domestic violence. Domestic violence does not discriminate. Anyone can be a victim of domestic violence regardless of gender, sex, age, race, or religion. Threatening or Intimidating Criminal Defense Domestic violence further includes attempts or intentionally causing the physical injury to a victim. It also incorporates the physical, psychological, and sexual harassment of a victim. If a partner also inflicts fear either by threats, battery, economic exploitation, this is also termed domestic violence. The broadness of the term abuse necessitates one to be specific on what type of abuse was involved. The term domestic abuse is slightly broader than domestic violence. Domestic abuse is not limited to two partners or spouses, but it further extends to other parties such as children, career mates, or non-related parties. Domestic abuse can include coercive control, economic abuse, digital abuse or bullying, and harassment. Other acts such as psychological abuse, physical and sexual abuse, are included as both domestic abuse and domestic violence.

Statistics of Domestic Violence and Abuse

In the US, domestic conflict is more common in women than men. The National Coalition Against Domestic Violence records that 1 in 4 women are victims of domestic violence. On the other hand, 1 in 9 men are victims of domestic violence. In matters concerning domestic abuse, the most common forms of abuse in the US are physical, sexual, and emotional. These three forms of abuse also commonly experienced acts in domestic violence cases. The term abuse is a general term. It is not necessarily limited to individuals, but it also includes other non-living aspects. Abuse of office is a good example that is not essentially limited to an individual. Abuse of office refers to the wrongful use of an official position in denying others their right or using the office for selfish gains. Another form of abuse is the abuse of a substance. Substance abuse typically refers to the illegal use of drugs. Domestic abuse is also a form of mistreatment that happens in domestic relationships. On the other hand, domestic violence is only limited to individuals who have some form of interaction, relation, or cohabitation. The victim involved in domestic violence is inflicted with mental, sexual, or physical pain.

Legal Representation

The legal services required for domestic violence cases are quite like those of domestic abuse. Domestic violence victims and offenders require a lawyer for domestic violence. Different lawyers are needed for each case since there are various forms of mistreatment. A litigant needed in a case of abuse of office is essentially different from sexual. For cases dealing with substance abuse, one may need an attorney that deals in that area. If you are arrested for driving under the influence of alcohol, the best attorney to represent you would be a DUI lawyer. A DUI lawyer is better experienced in dealing with driving under influence cases than a domestic violence lawyer. In a reputable law firm, it is critical that the attorney practices law in the field.. At Robert A. Dodell, Attorney at Law, litigation diversity is a key component of our legal strength. The firm is well equipped to offer focused services to the clients. The firm has a professional and experienced legal counsel who knows the law. Robert A. Dodell, Attorney at Law, is also popular for the aggressive legal defense offered at competitive rates. Quality, assurance, experience, and affordability is what drives Robert A. Dodell, Attorney at Law. The firm is also highly experienced in DUI representation. Robert A. Dodell, Attorney at Law is always ready to deliver any legal counsel that you need.

Difference Between Domestic Violence and Abuse? Read more on: Robert Dodell Attorney at Law Robert A. Dodell, Attorney at Law

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Saturday, September 19, 2020

Criminal Charges for not Wearing COVID Face Masks or Coverings

The laws and guidelines surrounding COVID-19 can be complicated. With so many states enacting different laws, it can be difficult to understand what’s happening in Arizona. Currently, some of the laws have changed.

What’s the Difference Between Guidelines and Laws?

There is little known about the COVID-19 virus. While its danger is obvious, the symptoms and overall impact vary from place to place. Health guidelines are frequently recommended for states or countries to stay as safe as possible, but this does not necessarily mean they are enforceable by law. Many communities have their own set of rules that must be followed. In Phoenix, Arizona, refusing to wear a face mask or covering can come with a fine. In Tucson, Arizona, face masks or coverings are also mandatory. According to governor, Doug Ducey, communities can create their own rules for how face masks or coverings should be used.

Face Mask vs. Face Covering

Face masks are not all created equal. There are a wide variety of masks and coverings to choose from. Facial masks can consist of N95 masks or N95 respirators as well as other masks that cover the nose and mouth. Masks are considered a higher level of protection than face coverings and are worn in a variety of spaces. Surgical masks, also known as procedure masks are generally made from thicker material. Face coverings can be created from different types of material. A face covering can be a scarf or other piece of fabric that is worn so that it covers both the nose and mouth, but usually it is still in the form of a mask. Cloth coverings are not classified under personal protective equipment and are not substitutes for respirators or medical masks. Simply put, a face covering is any well-secured cloth that covers both the mouth and nose.

Who Must Wear A Mask or Face Covering?

The requirements which surround mask-wearing can change depending on city and county. Most people over the age of 5 must wear some sort of face-covering or face mask when in public. This is especially true if social distancing is difficult or not possible. Customers or patrons who are attending businesses inside of a building are usually required to wear a mask or covering. This includes spaces such as pharmacies and grocery stores. For particularly crowded areas, a mask or covering may also be required. Children over the age of 5 are still required in many counties to wear a mask or face covering. Even parents of children under the age of 5 are asked to encourage small children to wear face masks or coverings even if it is not mandated. Enforcement actions are not likely to happen for those who cannot force a 5-year-old to wear a mask or covering, but it can still happen. To better understand your rights, legal help is advised.

What Happens If Someone Does Not Wear A COVID Face Mask or Covering in Arizona?

Depending on the city in Arizona, wearing a face mask or covering may be mandatory. If a mask or covering is not worn, it is advised that you call a criminal lawyer if legal action is taken. The Phoenix City Council voted to adopt a mandate that now requires the use of masks and coverings in public. Several other communities are also in favor of this mandate. The mandate is for indoor use as well as outdoor use of social distancing cannot be practiced. In Tucson, Arizona, face masks or coverings are mandatory in public settings. This emergency proclamation was signed by Mayor Regina Romero. According to this law, every person in the city of Tucson that is above age 5, must cover their nose and mouth with a face covering. This law is designed for when people are in public settings and where physical distancing is difficult. Maricopa county officials passed an order that mandates that use of masks or coverings when in a public place. This law is currently in effect. Other face covering laws extend throughout Arizona depending on the precise community.

Penalties and Consequences

Local police throughout a variety of Arizona communities are responding to complaints about those who are not wearing masks or coverings in the state. While it is recommended that people call the non-emergency line when getting in touch with law enforcement, this is still an actual crime. Depending on the location, a fine can cost between $50 and $250. For businesses who do not have their employees wear face coverings, owners can face criminal charges. Businesses must provide employees with masks as well as require their use.

Legal Avenues

For many communities in Arizona, not wearing a face covering or mask can have legal consequences. With competing legal plans, which may enforce or eliminate possible civil or criminal penalties, it is often difficult for people to know what the legal ramifications of not wearing a mask or covering are. Since many mandates vary from county to county in Arizona, finding accurate and up-to-date legal representation is crucial. A criminal defense attorney can help.

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Wednesday, August 26, 2020

Eliminating Your DUI Record in Arizona

Many people who are convicted for driving under the influence want to know exactly when their record may be eligible for setting aside the conviction after all conditions of punishment are satisfied. The set aside is Arizona’s version of an expungement. A criminal history in general can be a real ongoing problem for those convicted, and especially when the charge is for impaired driving. This can be a factor in obtaining employment and even eligibility for government services or housing when there is a drug charge connected to the DUI record. Receiving a DUI citation is a watershed moment in the life of many and expunging the record can be of great importance for those turning over a new leaf in life. Luckily in Arizona, there is a path to cleaning up the record of your conviction after filing a petition to set aside. dui law and eliminating a dui off your record

Preparatory Steps

The first element of requesting a set aside in Arizona is assembling all records associated with the case and proving all penalties have been satisfied as ordered by the court. This includes any probationary period that was ordered following the charge or parole in the event of significant jail time. The seriousness of the charge can have an impact on a judicial decision. The court is not required by law to approve setting the record aside, which is what happens in Arizona. Many states seal the record from public view, but Arizona actually dismisses the case after the convicted defendant presents an organized request for dismissal based on their personal rehabilitation. It is vital to be prepared if you want to make a successful set aside request. For your DUI Arizona set aside, you will typically need records proving:
  • Paid fees and fines
  • Completed probation or parole periods
  • Jail sentence completion
  • Completing mandatory alcohol and / or drug education classes
  • Completing interlock ignition device order periods

Supporting Testimony

Another component of a set aside in Arizona is the allowance of personal testimony from people within the local community supporting the claim of rehabilitation. This can include anyone from police officers to clergymen or city council members, or practically any other member of the community who can attest to a new direction in life for the petitioner. The purpose of the set aside in Arizona is based on the concept of a fresh start, but the court maintains that a fresh start must be earned beyond completing the required conditions of punishment. Having an experienced Arizona set aside attorney preparing your request means you have a legal professional representing the case who understands what the court will accept as proof of rehabilitation.

Importance of a Waiting Period

There is no statutory waiting period for set aside eligibility in Arizona, unlike many other states. Sealing a record is generally routine in some states, as each conviction is assessed individually. Subsequent personal criminal activity does not necessarily affect the sealing of some records in other states. This is not the situation in Arizona. However, a reasonable amount should pass from the completion of the sentence to show you have been rehabilitated.. Any run-ins with law enforcement from the date of offense till the filing of the set aside, can have a major negative impact for those striving for a DUI set aside. A successful set aside for an adult will “release” the individual for “all penalties and disabilities resulting from the conviction.” While it is not absolutely necessary to have an Arizona DUI lawyer preparing and representing a set aside, it is by far the most effective method for a successful petition. There are specific details that must be provided when the request is filed, and the court is not obligated to even grant a hearing when certain legalities prohibit the ruling. The attorney you choose can be the ultimate difference between an approved setting aside of the record and a court denial. Anyone who is seeking an Arizona DUI conviction to be set aside should contact the law office of Robert A. Dodell, Attorney at Law, in Scottsdale for more information.

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Tuesday, August 18, 2020

Unexpected Ways a DUI Can Impact Your Life

People know that a drinking and driving conviction will limit a driver’s freedom – due to mandatory jail and driver’s license restrictions. But it hardly ends there. The decision to drive while intoxicated is a decision that will have ripple effects impacting not only your life but also your loved ones.

Does a DUI Mean that Your Life’s Over?

No, the impact of a DUI on your life does not necessarily cripple your day-to-day living and work, but it is going to be a mess for a while. The first time you’re convicted, it can cost you thousands. You may need to post bail; you need to get an attorney, skip work to attend court hearing, and, if convicted, pay a steep fine, spend time in jail, go to DUI classes, pay for an installation of a breath-testing ignition interlock device, and also pay for it to be removed. if you’re hoping to get a good job in the future, you should know that one attribute employers search for in applicants is good judgement. DUI, if nothing else, indicates poor judgment with potentially fatal consequences. It can be unfair to judge a person based only on one a DUI conviction, but you must also understand that employers will think twice about giving you a chance if they have better alternatives in other applicants.

Ways DUI Can Impact One’s Life

DUI can impact your life in many other ways:

  • Public Humiliation – After the arrest, your mugshot will be taken when you are processed in a jail. This may be reported on in a small town or if you are a person of note. The event will certainly be recorded and will stay on your record for many years, or even forever.
  • Stress - Expect to be stressed out over this.  You will naturally worry about how this will affect your life, your family relationships, your job.
  • Interlock Installation – The installment fee and the monthly fees for the interlock will undoubtedly cause considerable pressure on your pocketbook. However, even with all the hassle and the financial consequences, the device is designed to prevent you from driving with alcohol in your system.
  • Child Custody – Fighting for children custody on an ongoing divorce case? Don’t expect the judge to look kindly on you. A DUI is a red flag that tells the court you may be an irresponsible parent.
  • Insurance – A DUI tells your insurance company you’re a risky driver. Three possibilities for consequences involving insurance are:
    1. Cancellation of coverage
    2. Raising of rates
    3. A requirement that you purchase “high-risk” car insurance
  • Employment – Your employer has the option to fire you, especially if you are working in a field where reputation is of utmost value or if you drive for work. In the future, you may be looking into gaining a license for a different line of work. A DUI could jeopardize your chances of getting such a license, and it will be more difficult to get into sensitive areas like law, finance, and medicine.
  • Travel – You may be prohibited to enter certain countries, even for a simple first-offense misdemeanor. Canada is one of those countries. Even if you have obtained a visa, you may end up being detained and deported.
  • Hefty Price Tag – For those who are unaware, a DUI conviction comes with a huge financial cost.

DUI Penalties in Arizona

In Arizona, the blood alcohol concentration limit is 0.08. Anything above this warrants a DUI arrest. For commercial drivers, the limit is even lower at 0.04, and for people under 21, any alcohol detected can cause the driver to be arrested and charged. For first offense standard misdemeanor DUI (BAC below 0.15%):
  • Jail term of 1 to 10 days
  • Suspension of license: 90 – 360 days
  • Approximately $1500 in files, surcharges and assessments
Second offense standard misdemeanor DUI (BAC below 0.15%):
  • Jail term: 30 to 90 days
  • Suspension of license: 1 year
  • Approximately $3500 in fines, surcharges and assessments
Third offense:
  • At least four months in prison
  • License revocation: 1 year
  • Approximately $4700 in fines, surcharges and assessments
Robert A. Dodell Law Office If you are arrested for DUI in Arizona and don’t know the best steps to take, call Robert. He is an experienced criminal defense attorney in the State of Arizona. He will fight for your rights with an aggressive legal defense.

Unexpected Ways a DUI Can Impact Your Life was first published on robert a dodell, azcrimlaw.com Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

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Wednesday, July 29, 2020

Appealing a Criminal Conviction in Arizona

If a defendant is found guilty of a crime in a jury trial in Arizona, they will likely wonder what their next step should be. Well, when someone receives a criminal conviction, it isn't always the end of the story. The law has built-in safeguards designed to protect anyone who has been wrongfully convicted of a crime. arizona criminal conviction appeals  

New Trial Motion

Often the first step is making a motion to the court for a new trial. The convicted defendant in Arizona has the right to request a new trial within ten days after the entering of their verdict as guilty. A judge also has the discretion to request a new trial on their motion when a defendant is found guilty and sentenced to death. In this case, the defendant must also agree to the new trial.

Reasons For Granting A New Trial

A new trial may be granted if it is established that the verdict goes against the evidence presented at trial or against the law. It may be possible to show that the ruling was significantly prejudiced against the defendant. A defendant can show they did not get a fair and impartial trial based on one of several aspects. It may be possible to establish there was misconduct on the part of the prosecutor, the jury, or even the defense.

Misconduct of the Jury

Jury misconduct can take many different forms. *Determining the verdict by lot and not from deliberation *Accepting some type of bribe *Basing the verdict on evidence that was not properly presented at trial or was stricken from the record *Being intoxicated at the time of deliberations *Making false statements when the jury was selected *Talking to any of the interested parties about the case prior to a verdict

Motion To Vacate Judgment

This can happen when new evidence is discovered that would have changed the outcome of the trial. It may also be determined that the verdict given violated either the law of Arizona or the United States. Under these circumstances, the defendant can file a Motion to Vacate Judgment. This type of motion is required to be filed within sixty days after the entering of a judgment. In this situation, it may also be possible to file a Motion for Modification of Sentence. This must also be filed within 60 days after a judgment is entered.

Motion to Correct Record

It is possible mistakes could be made when it comes to turning a verbal order into writing or when copying information to a docket. Should a court clerk make an honest mistake in judgment, in the verdict, or other areas of the record, as well as any mistakes that are an obvious oversight, the defendant has a right to file a motion that would correct the record. This type of motion can be brought at any time. Should this type of motion be brought after the trial and be denied, it is still possible for a defendant to appeal the motion denial, the original verdict, or both.

Appeal Process

In an appeal, the defendant will be known as an appellant. Once their appeal has been docketed, an appellant will then file a brief. This brief will explain the history of their case, including everything that occurred when the case was in the lower court. It will also explain why the decision went against the law. The State of Arizona will then file an Appellee's Brief on felony convictions.d. This will challenge the appellant's arguments. The appellant may be permitted to file something shorter known as a Reply Brief. Once this is done, the Court of Appeals will determine if oral arguments will be permitted. In these cases, oral arguments are often short. An appellant must include everything they want to be considered in their brief. Once the hearing takes place, no new arguments will be permitted.

Writ of Habeas Corpus

The last action someone can take who believes they've been mistakenly convicted of a crime is to file a Petition for Writ of Habeas Corpus. This is often done after all other possible appeals have been exhausted. It’s a process that may challenge the legality of the defendant's conviction, arrest, or condition of their imprisonment. If a court finds the detention of an individual by the state of Arizona is unlawful, that individual must be released. When an appellate court reviews a case, they are only evaluating the application of the law. With an appeal, there is no jury. An attorney won't be able to provide witnesses or any other type of evidence. The court will make its determination based on the facts disclosed during the trial. This may change if there is a factual finding that obviously goes against the weight of the evidence. Anyone attempting an appeal will need to speak with an experienced criminal attorney. They will know how to obtain the best possible results.  

Appealing a Criminal Conviction in Arizona is available on write up on the Robert Dodell Blog Robert A. Dodell, Attorney at Law

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Friday, July 24, 2020

What Happens If You Violate Coronavirus Lockdown in Arizona?

States and cities have the power to mandate whether residents must stay home, and which businesses may remain opened or closed in response to the coronavirus. The governor’s order requires residents to limit their time away from home except when they engage in essential activities. In Arizona, essential activities include working essential jobs and exercising. Hiring a Criminal Lawyer to Represent You

Law Enforcement is Instructed to Warn Before Arresting

If you fail to comply with the lockdown order, you may face criminal penalties. However, law enforcement has been instructed to provide residents with an opportunity to comply with lockdown orders before they perform an arrest. The governor of Arizona has expressed concern over protecting the civil liberties of Arizona residents and wishes to strike a balance.

Lockdown Violations are a Class 1 Misdemeanor

Law enforcement is empowered under A.R.S. § 26-303(E)(1). The violation of a lockdown order is a Class 1 misdemeanour. You might face fines and up to six months in prison. The law enforcement officer must first inform you of the requirements and give you a chance to comply with the new shutdown orders. They also cannot ask for your papers or proof that your activities are justified. If the officer does choose to seek criminal charges, you are unlikely to face jail time and will more likely be issued a citation to appear in court. You will most likely pay a fine.

Health Department Regulations

The governor also provided the Department of Health Services with the power to create regulations. Violating some of these regulations would be considered a Class 3 misdemeanor and may involve fines and jail time in rare cases.

Related Misdemeanors You May Be Charged With

If you place others in danger, you may face more serious penalties. For example, the Arizona criminal code has a section called "Offenses Against Public Order". This includes conduct that is "unreasonable under the circumstances", and "recklessly creates a condition that endangers the health or safety of others". Those who violate this have committed a Class 3 misdemeanor. Also, if you injure the health of someone else, this is considered a Class 2 misdemeanor. For those who receive a Class 2 misdemeanor, you may be imprisoned for up to four months. For those who committed a Class 3 misdemeanor, you may be imprisoned for up to 30 days.

Consequences

If you are arrested for violating the lockdown order, you may want to contact a lawyer. The last thing you want on your record is a misdemeanor charge. Not only can the fines and possible imprisonment substantially disrupt your life, but you will have a criminal record regardless of how minor the crime was. This record will always follow you, and some employers have blanket bans on any type of conviction. A college admissions office may also learn about the misdemeanor and deny your application as a result. Landlords will sometimes deny an applicant when they discover a misdemeanor on their record. It is vital for anyone being charged with a misdemeanor to do their utmost to try to avoid being found guilty.

Legal Defenses

To avoid a criminal record for a lockdown violation, you could argue that you were engaging in an activity allowed under the lockdown orders. For example, you are allowed to exercise and walk your dog as long as you follow social distancing rules. You may also be accused of not staying at home when you were actually on your property during the incident. You may face criminal charges if you have a gathering of more than ten people. However, your defense may allege that one of the individuals in the gathering was not supposed to be a part of the gathering or was not close enough to the rest of the group to be considered a part of the group.  Another defense crafted by a criminal lawyer against the violation may be that you were placed under duress or coercion. Any threat of intended harm to force you to perform an action would be considered duress. You may have also violated the lockdown order as an act of self-defense. With Robert A. Dodell, Attorney at Law, you will be able to obtain the services of a knowledgeable attorney to help you defend against the charges.

What Happens If You Violate Coronavirus Lockdown in Arizona? was originally published to robert a dodell, azcrimlaw.com Robert A. Dodell, Attorney at Law

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Sunday, July 19, 2020

When is Self-Defense Justified in Arizona?

When you find yourself in a self-defense situation, you may assume that you can defend yourself to the fullest extent allowed by law.   However, if you attempt to claim self-defense after a violent or deadly encounter, you will discover that there are limits to self-defense and you may even face criminal charges if you go too far. Arizona has self-defense laws referred to as "stand your ground" laws, and you will have the opportunity to defend yourself without being forced to retreat. You may also use threats instead of force. If someone were to start punching you, Arizona law permits that you punch them back until they are no longer a threat. However, the use of unreasonable force may open you up to civil liability. Threatening or Intimidating Criminal Defense You are allowed to defend yourself against physical force, and you may use physical force to stop:

  • Arson
  • Burglary
  • Kidnapping
  • Manslaughter
  • Murder
  • Child molestation
  • Sexual conduct with a minor
  • Armed robbery
  • Aggravated assault
In some cases, you will not be charged at all if the law enforcement officer and prosecutor finds that you were clearly acting in self-defense. However, if you are arrested, the prosecution must prove beyond a reasonable doubt that you did not use justified force. Castle laws exist in some states and allow a resident to use lethal force if someone enters their home. While Arizona does not specifically have a castle law, statutes permit residents to use lethal force when an intruder breaks into your home.

When You May Not Use Physical Force

Physical force may not be used in certain circumstances. You must not use physical force if the other party issued a verbal threat. Instead, it must be a threat of physical force that is imminent or the other party must threaten to commit a crime. You are not allowed to use self-defense when the other party using force is a law enforcement officer. The police are granted special privileges to allow them to do their jobs including the option to use physical force. You must avoid using deadly force unless you had a reasonable fear that your life was in danger, and you should only use deadly force as a last resort. The police will likely charge you with a crime if you injure or kill an innocent third party in the process of engaging in self-defense. Some self-defense cases involve provocation where you may have encouraged the other party to attack you by taunting them. Under these circumstances, you may not use self-defense as an argument. However, if you may communicate a clear intent to withdraw and you may then claim self-defense if the other party continues to use force.

Why You May Need an Arizona Criminal Attorney

Even when you believe you are lawfully acting in self-defense, the prosecutor may describe a different version of the events. You will need an experienced Arizona criminal defense attorney to help you. Robert A. Dodell, Attorney at Law, may find an expert witness to assist in the self defense claim. To prove that your act of self-defense was justified, your defense attorney, Robert A. Dodell, will interview witnesses and call on them to testify. Some cases can test the limits of the law. For example, you may have shot the other party while he was choking you. Because the judge and jury ultimately decide whether your use of force was justified, always be hesitant to use deadly force unless you believe that your life is in danger. You will need a lawyer in self-defense cases because the laws in any state are subject to change and you will need to craft a defense based on facts of the case, current laws and available precedent. Contact Robert A. Dodell, Attorney at Law, for help.

When is Self-Defense Justified in Arizona? Find more on: www.azcrimlaw.com/ Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

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Thursday, June 25, 2020

Understanding Domestic Violence Charges in Arizona

In Arizona, the definition of domestic violence (DV) is quite broad. You won’t find this charge as its own crime in state laws. Instead, you will face a DV penalty in addition to underlying charges for other acts if you have a domestic relationship with the alleged victim.

rise of domestic violence in arizona

The domestic violence designation could apply to multiple underlying crimes, including the following:

  • Criminal damage or trespassing
  • Disorderly conduct
  • Physical, sexual, or aggravated ssault
  • Endangerment
  • Harassment
  • Kidnapping
  • Negligent homicide, manslaughter, or murder
  • Stalking, intimidating, or threatening
  • Unlawful imprisonment

Your Relationship to the Victim Determines Whether DV Applies

To meet the state’s definition of domestic violence, you need to have a specific relationship with the other party involved. Keep in mind that these types of charges apply to more than just legally married couples. If you have or have ever had a romantic relationship with the victim, lived with the victim, or if you have a child together, your relationship qualifies. Domestic violence charges can also apply to crimes committed against blood relations, relatives by marriage or court order, and children in your home who are related to your spouse or roommate. When you’re unsure whether your relationship with the victim makes DV charges applicable, contact Robert A. Dodell, Attorney at Law, for assistance.

Penalties You May Face

Since Arizona charges for domestic violence along with the crime it involves and not as a crime on its own, the penalties stem from those given for the base crime. However, if your original charges come with DV charges, you will receive additional penalties on top of what you would receive for the base charges. This means that, when your conviction involves domestic violence, you could serve more jail time,  undergo mandatory DV counseling, and experience other negative consequences. The exact domestic violence penalties you will face depending on what you are charged with. If, for example, you’re charged with a Class 3 DV misdemeanor, you could face up to 30 days in jail and a maximum fine of $500. However, if your case involves serious bodily injury sustained by the alleged victim, that’s a Class 3 dangerous felony that carries a sentence of up to 15 years in prison, and fines up to $100,000. Multiple convictions for crimes with a domestic violence charge can increase your penalties, too. Being convicted of a DV crime three times or more over a period of 84 months in Arizona is a Class 5 felony, making you subject to fines and a prison sentence of up to 2.5 years.

The Domestic Violence Legal Process

In Arizona, the state has up to one year to file a charge against you for alleged domestic violence if it’s a misdemeanor. For felonies, the state has up to seven years. Once you are officially charged, it is best to enter a “not guilty” plea. Here, it’s wise to speak to an attorney about how to proceed. Your attorney will help you during this time and offer you guidance, advice, and a realistic outline of your case. The legal process is not an easy one for domestic violence charges. While you can attempt to handle your case on your own, this could result in a worse outcome than if you had legal representation.

I am Here to Help

An experienced attorney like Robert A. Dodell, Attorney at Law, can help you craft a defense strategy that is appropriate for your situation. There are many possible defenses to domestic violence charges including that the wrong party is being charged, self-defense, acts in defense of someone else, false accusations, police misconduct, and lack of evidence. The right approach in your case could lead to reduced charges or even a dismissal of your case altogether. When you are facing serious charges, contact an attorney for assistance as soon as you can. Being convicted of a serious crime will impact your life for many months and even years to come, and your very freedom could even be on the line. In this type of situation, you simply can’t afford to leave anything about your case to chance.

Understanding Domestic Violence Charges in Arizona See more on: https://www.azcrimlaw.com Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

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Tuesday, June 23, 2020

Some Key Facts Concerning Motorcyclists in Arizona

As a former prosecutor and an experienced criminal attorney, Robert A. Dodell, Attorney at Law, offers zealous representation in DUI cases involving motorcyclists. The Scottsdale-based law firm offers useful educational information for the public about DUI's and motorcycles in the Grand Canyon State: Key Facts Concerning DUIs

Six Key Background Facts About Arizona Motorcyclists

  1. The State of Arizona specifically licenses drivers of motorcycles. These individuals apply to receive an "M" class license endorsement. The standard M license expires at age 65, although drivers must renew the photo and eye exam portions of the application at 12-year intervals. Applicants for an M class license endorsement age 60 or older receive a five-year motorcycle license.
  2. Arizona registers motorcycles. The Statista website estimates some 170,240 registered motorcycles operated in Arizona during 2018 alone. In 2020, a registered motorcycle exists in Arizona for every 36 people in the population. The state ranks 29th in terms of motorcycle ownership nationwide.
  3. Arizona promulgates specific traffic regulations for motorcycles. These provisions allow a motorcycle to use a complete traffic lane. However, state traffic regulations also permit motorcyclists to ride in a two abreast formation. Motorcycle riders cannot ride with more than two motorcycles abreast, however. Additionally, they cannot pass an auto in the same lane, or drive between adjoining rows of autos.
  4. Motorcyclists in Arizona must carry liability insurance. As of 2014, Arizona required motorcyclists to carry specified minimum levels of liability insurance to protect against property damage and physical injuries.
  5. Motorcyclists must meet specific requirements to transport passengers. Both the driver and passenger require their own seats and footrests. ARS 28.924.B specifically requires that motorcycles in Arizona possess functional headlamps.
  6. Motorcycle safety poses a big concern in Arizona. Between 2016 and 2017, Arizona departed from national trends by witnessing an upturn in motorcyclist traffic fatalities. Some 165 motorcycle deaths occurred in Arizona during 2017, an increase of 14.6% over the previous year.

DUI's And Motorcyclists in Arizona

  1. Arizona maintains an Implied Consent Law. It impacts all drivers in the state, including motorcyclists. The law requires drivers arrested for driving under the influence (DUI) to consent to a blood alcohol or drug content testing as a condition of retaining one’s driving privileges. Refusing the test (or failing to cooperate in its completion) automatically results in the loss of driving privileges.
  2. DUI laws apply to Arizona motorcyclists. The regulations prohibiting DUI in Arizona apply to motorcyclists as well as automobile drivers.
  3. Arizona prohibits any alcohol blood concentration levels for some drivers. Drivers (including motorcyclists) under age 21 who have arrested for DUI risk the suspension of their license with the detection of any concentration level of alcohol in the bloodstream.
  4. Motorcycle DUI's in Arizona carry steep penalties. A first DUI conviction results in a minimum 10-day jail sentence, with 9 days suspended, and a fine of at least $1,500. A defendant convicted of this offence must undergo substance abuse or alcohol counselling.  Arizona requires the modification of the ignition to include an interlock device to prevent impaired driving. A second subsequent offence carries a jail sentence of at least 90 days in jail, with 60 days suspended, and minimum fines of at least $3,500, along with the mandatory substance abuse or alcohol counselling.
  5. Extreme DUI carries elevated penalties. Defendants with a blood alcohol content of 0.15 or above incur significant penalties and fines for DUI.
  6. Super-extreme DUI carries even greater elevated penalties. Defendants with a blood alcohol content of 0.20 or above incur ever-greater penalties and fines for DUI.
  7. An Aggravated DUI conviction, which is a felony, carries prison time. An aggravated DUI arises in four specific circumstances:
    1. Refusing a DUI blood test or committing a DUI while currently subject to an ignition lock requirement
    2. Previously convicted of a DUI two times within a 7-year period
    3. Committing DUI with a suspended, cancelled, or revoked license
    4. Committing DUI while transporting anyone under age 15
  1. Arizona may require a certified interlock ignition manufacturer to install a motorcycle ignition lock. This process increases the overall costs of incurring a motorcycle DUI in Arizona.

Find a Knowledgeable DUI Attorney

Motorcyclists facing DUI charges in Arizona can sustain potentially serious consequences if convicted. Thus, it generally makes sense to seek experienced, skilled representation in this type of case. To discuss your case with an aggressive criminal defense attorney, speak with Robert A. Dodell, Attorney at Law. Contact him through his office in Scottsdale, or by calling 480-860-4321 to request a free initial consultation.

Some Key Facts Concerning Motorcyclists in Arizona was first seen on (www.azcrimlaw.com) Robert Dodell Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Monday, May 18, 2020

Arizona Age Of Consent: Some Important Facts

There are multiple elements in law that have an effect on the outcome of cases. One of the major factors always considered is the age of the people involved in the case. One of the most classic applications of age in legal matters is the age of consent. This has placed countless individuals in Arizona and beyond into legal trouble, both justified and otherwise. Given its sensitivity, it’s appropriate that we further discuss the age of consent in the state of Arizona and what it means for those who are facing cases where age affects what they can be charged with and even whether their actions were a violation of the law. Police Misconduct The age of consent is defined as the minimum age when a person is considered old enough to participate legally in any sexual activity. Age of consent differs from state to state. In Arizona, the age of consent is set at 18 years old. This means that a person who is 17 years old or below is not considered legally able to consent to sexual activity. This is because they are not yet considered an adult. Even if the person involved consented to the sexual act, if they are 17 years old or below, their partner can be implicated in a crime if they engage in any sexual act with them. Interestingly, these statutory offences make any sexual conduct a crime if one is not at least 18 years of age.  This is actually relatively common in the practice of criminal law. This is due to multiple factors and it doesn’t necessarily involve adults with sexually predatory behaviors. As long as one of the parties involved is below the age of consent, their partner could potentially be charged with a sex crime, especially if their parent or legal guardian takes issue with the action. It is a relatively common occurrence for a number of reasons. First, both men and women under the age of consent may be involved in sexual acts, willingly or otherwise. Also, sexual experimentation and promiscuity are high in America, even at a young age. Those who can file charges for a sex crime include the minor himself/herself and their parents/guardians. Regardless of the reason for such charges, the consequences for the accused can be severe: it can even be filed as a felony charge, depending on factors such as the age of the child (the lower the age below the age of consent, and the wider the age difference, the harsher the penalties are), the presence of exploitation, coercion, and/or harassment, and involvement with other criminal acts (pornography, prostitution). Potential charges can increase further depending on these factors. The committing of a sex crime that involves minors, is heavily condemned worldwide for good reason. However, it must be recognized that not everyone who is charged with such a crime is rightfully indicted. A lot of these cases are filed as an act of retaliation, either by parents who do not agree with their child entering a relationship at a young age or someone who wants to get revenge on an ex. Because of the severe punishments involved in sexual acts committed under the age of consent, legal intervention is necessary to settle such cases fairly. Both the accuser (the person under the age of consent and/or their representatives) and the defendant (the person accused of being involved in sexual acts with a person under the age of consent) have the right to proper legal representation in such cases. That means getting the right criminal attorney to represent them in the process of resolving such cases. If you are dealing with a case involving the Arizona age of consent, the best thing you can do is to ask for legal advice. Get legal assistance here at Robert A. Dodell, Attorney At Law. A lawyer for more than 30 years, my practice focuses on criminal law. I can provide legal assistance in Scottsdale, Tempe and Mesa. for those who are either pushing a case on violation of the age of consent, or those who are being charged in such cases and feel that they are being wrongfully accused. Visit my office, call me, or visit my website to know more about my services or to set up an appointment. I am ready to help you out with this and other cases where the help of a criminal lawyer is needed. If you want to know more about the services of Robert A. Dodell, or set up an appointment, you can visit my office at 10601 N Hayden Rd, #I-103, Scottsdale, AZ. You can also call me at (480) 860-4321 or send an email to Robert@AZcrimlaw.com.  

Arizona Age Of Consent: Some Important Facts Read more on: Law Offices of Robert Dodell Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Monday, May 11, 2020

Can I Get a DUI If I Am Not Driving?

Driving under the influence, also known as DUI, is a criminal offence that cuts across all parts of society. Driving under the influence of alcohol or illegal substances is a bad idea in any part of the globe, mainly because of the potential of causing harm or death to yourself and others. This is especially so in Arizona, a state boasting arguably the toughest DUI laws in the United States. One of the most common questions I receive is if it is possible to get a DUI when you aren’t driving. In this article, I will try to answer this question and provide other handy info on the state’s DUI laws. The short answer to this question is “Yes”, you can still get a DUI offence even when you are not driving. This is made possible by the clause in DUI law known as “actual physical control”. This part of the law states that, if you are in actual physical control of a vehicle, even when you are NOT driving it, you can be charged with, and possibly convicted for, a DUI. Whether the person is in “actual physical control” or is driving, Arizona’s severe penalties are the same.  It is still a major inconvenience that has affected many people based on our experience in handling these cases. So how does “actual physical control” come into play? Actual physical control can be invoked when your car is running, regardless of which seat you are in at the time of the apprehension. You can also be considered to have physical control of the vehicle even when the engine is turned off. If the car keys are slotted in the ignition (even when the car is not running) and/or you are sitting at the driver’s seat, you can be charged with a DUI as well. Also, being at the driver’s seat and having possession of the keys (ex.: in your pocket) can also be grounds to suggest you had physical control of a motor vehicle. There are other situations surrounding your arrest that can further increase your chance of being given a DUI charge, even when you are not driving. If your car is parked at an inappropriate spot, like in the middle of the road, you are more likely than not going to be assumed to have parked it while inebriated. If your car is obstructing someone’s private property or your presence is preventing another car from moving, you’re more likely to be flagged for a DUI. The worst thing is getting involved in an accident, even when your car is not moving. You cannot be charged with a DUI if you do not have alcohol or other illicit substances in your system. A DUI in Arizona is filed if you are in actual physical control or in the operation of a motor vehicle and (1) impaired to the slightest degree by alcohol or drugs, (2) have a  blood alcohol concentration is measured at .08% BAC and above, or (3) have any illicit drugs in your system. So, how can you avoid incurring a DUI offence? Make sure to not drive with alcohol or drugs in your system. For everything else, it would be best to know your rights as a defendant. You can be indicted with a DUI if you are in possession of a motor vehicle and intoxicated. However, it must be ascertained first that you are indeed driving or in actual physical control of the vehicle and that you are acting inappropriately on the road. So, there you have it. Even if the terms may sound counter-intuitive, it is indeed possible that you can be charged with a DUI when you are not driving. If you are dealing with a DUI case and/or have been implicated in one, then you need legal help to protect your rights and keep your criminal record clean. The help of a criminal lawyer will prove valuable in such situations. You can get the legal help you need right here at Robert A. Dodell, Attorney At Law. With over 30 years of experience in criminal law, Attorney Dodell knows how to defend DUI cases in Tempe. If you want to know more about the services of Robert A. Dodell or you want to set up an appointment, you can visit the office at 10601 N Hayden Rd, #I-103, Scottsdale, AZ. You can also call me at (480) 860-4321 or send an email to Robert@AZcrimlaw.com.

Can I Get a DUI If I Am Not Driving? was originally published on write up on the Robert Dodell Blog Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Saturday, May 9, 2020

Domestic Violence Charges Defense in Mesa AZ

Domestic violence charges should always be taken very seriously. Arizona laws are very aggressive about domestic violence charges, and the penalties associated with these charges are severe. The State has the authority to charge and prosecute a person for domestic violence even if the alleged victim does not wish to pursue the case. Robert A. Dodell, Attorney at Law, provides criminal defense representation for anyone who has been charged with or is under investigation for a domestic violence crime. I understand that being convicted of this serious charge could change your life. I make sure that your rights are protected, and your side of the case is heard.

Domestic Violence Crimes Cases We Have Defended

There are many crimes that could be charged as domestic violence. The crime is the underlying charge; domestic violence is a qualifies that crime. Domestic violence is almost any criminal act of abuse committed by one “family or household member” against another. The crimes are not all violent in nature. Examples of such crimes include:
  • Assault
  • Assault with a deadly weapon
  • Trespass
  • Disorderly Conduct
  • Threatening or Intimidating
  • Endangerment
  • Violation of Restraining Orders
  • Harassment
  • Sexual assault
  • Abuse of a child or vulnerable adult
  • Unlawful restraint, unlawful imprisonment, or kidnapping
  • Stalking and
  • Manslaughter
  • Homicide
The penalties increase when the crime is one of domestic violence.. Make sure to protect your rights and seek legal representation.

Penalties for Domestic Violence Conviction

If you’re convicted of domestic violence as a first-time offender without any additional charges, you can expect the following penalties:

Misdemeanor Convictions:

  • Class 3 - Up to 30 days in jail and/or a fine up to $500
  • Class 2 - Up to four months in jail and/or a fine up to $750
  • Class 1 - Up to six months in jail and/or a fine up to $2,500

Felony Convictions

  • Class 6 - Prison term ranging from four months to 2 years, with a presumptive term of imprisonment for one year
  • Class 5 - Prison term ranging from six months to 2.5 years, with a presumptive term of imprisonment for 1.5 years
  • Class 4 - Prison term ranging from one year to 3.75 years, with a presumptive term of imprisonment for 2.5 years
  • Class 3 - Prison term ranging from 2 years to 8.75 years with a presumptive term of imprisonment for 3.5 years
  • Class 2 - Prison term from 3 years to 12.5 years, with a presumptive term of imprisonment for five years
If multiple charges or additional charges have been levied against you, you can expect more severe penalties.. If you have been previously convicted of any felony, you can expect an even substantially greater penalty as allowed by law..

Consequences of a DV Case Conviction

A domestic violence conviction will have many personal consequences outside of court penalties. If you are convicted of this charge, you may also face:
  • Limited visitation with your children
  • Loss of your rights for gun ownership
  • Notification of the conviction to professional licensing boards
  • If convicted of a felony, you may need to disclose this information on job and rental applications
A conviction of domestic violence will also place strain on personal relationships with friends and family, cause problems at your place of employment, and impact chances for job growth.

Why You Should Hire Robert A. Dodell, Attorney at Law

Attorney Robert A. Dodell understands the seriousness of facing a domestic violence charge. I understand that a conviction will affect all areas of your life and that having good legal representation will make a difference in the outcome of your case. My law firm is compassionate and understanding. I am not here to pass judgment. I am here to protect your rights and help you build a solid case for your defense. I am here to make sure that your side of the story is heard and that your evidence is examined. I am here to protect your Constitutional right to a fair trial. My law firm will investigate your case thoroughly and help you build a good defense for the charges against you. I will:
  • Review the arrest record and the events leading to the arrest
  • Interview witnesses
  • Review all evidence against you
  • Review all evidence in your favor
  • Aggressively represent your case in court
There is no reason that you should ever face the court alone with such serious charges. Contact Robert A. Dodell, Attorney at Law, for quality criminal legal representation.  

Domestic Violence Charges Defense in Mesa AZ is republished from Robert Dodell Law Offices Domestic Violence Charges Defense in Mesa AZ first appeared on:

Robert A. Dodell, Attorney at Law - Serving Scottsdale, Tempe & Mesa, AZ

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Criminal Charges Defense in Mesa AZ

It’s difficult to find an accurate word that can describe the emotions that you feel when you are forced into handcuffs and taken away by the police. Fear, confusion, chaos, all of these thoughts and feelings are going through your head. You may even feel despair because you are not sure where to turn for help. I understand these feelings, and I am here to help. Robert A. Dodell, Attorney at Law, has dedicated his law practice to providing legal representation to those accused of crimes. As a criminal defense attorney, I understand that this is a very trying time in your life, and I will treat you with the respect and compassion you need. It is my job to listen to your side of the story and gather the evidence and information necessary to represent you in your case. I will use all the resources available to represent you in your case. Previous clients have reported being very happy with the outcome of their cases. If you have been accused or charged with a crime, do not delay. Contact Robert A. Dodell, Attorney at Law, for a case evaluation.

Common Types of Criminal Cases We Defend

My law office is equipped to handle any type of criminal charge. It has been our experience, however, that the most common types of criminal charges that our law firm sees are:
  • DUI – Regular, Aggravated, and Multiple Offense
  • Assault, Aggravated Assault, Assault and Battery
  • Domestic Violence
  • Theft – Including Shoplifting
  • Property Crimes
  • Vehicular Crimes
  • Drug Charges
  • Sexual Offenses
My law firm has the ability to represent a client charged with any crime, not just those included in the list above.

Misdemeanor vs. Felony Charges

Criminal activity is categorized as either a misdemeanor or a felony. The difference between the two types of crimes usually depends on the seriousness of the crime in question and the potential penalty. Misdemeanors are typically heard in a city or justice court. A misdemeanor crime carries the maximum of six months in the local jail. Felonies are much more serious and the sentence could include prison in the Arizona Department of Corrections. Felony offenses are heard in the County Superior Court. If you are unsure what type of crime you are being charged with, consult with a knowledgeable attorney, like Robert A. Dodell, so that you understand the charges and potential penalties that could be leveled against you.

Penalties and Fines for Criminal Cases

Every criminal charge has a different set of penalties and fines that can be imposed if a person is convicted. Additionally, if multiple charges have been brought against a person, or if they are a repeat offender, the penalties will be more severe. The court will use a guideline for sentencing. However, this is not a guarantee of what will be imposed in your case.

Potential Criminal Charge Penalties

  • Court-mandated therapy for drugs, alcohol, or anger management
  • Fines
  • Restitution
  • Community Service
  • Probation
  • Loss of Driving Privileges
  • The requirement to use Ignition Interlock Device
  • County Jail Time
  • Prison Sentence
The court has the right to impose one or more of the penalties on a person depending on the facts of their case.

Potential jail time for misdemeanors and felonies by class are:

Misdemeanor Convictions

• Class 1 – Up to 6 months in county jail • Class 2 – Up to 3 months in county jail • Class 3 – Up to 30 days in county jail

Felony Convictions

• Class 1 – Up to life in prison or the death sentence • Class 2 – Up to 12.5 years • Class 3 – Up to 8.75 years • Class 4 – Up to 3.75 years • Class 5 – Up to 2.5 years • Class 6 – Up to 2 years

Juvenile Criminal Representation

If you are the parent or guardian of a juvenile that has been accused of a crime, you are encouraged to seek legal representation from a law firm that understands the juvenile court system. My law firm understands that juvenile cases must be handled with care. I know that this is a traumatic experience for the child or teen and I will work with them in a compassionate and caring manner. I will also work closely with the child and family to get them a positive outcome for their case. Nearly all juvenile cases are handled in juvenile court, a separate court system. My law firm has the necessary experience in managing cases in this court system as well as representing minors who are being charged as adults.

Why Hire The Criminal Defense Attorney Robert A. Dodell?

Attorney Robert A. Dodell has dedicated his law practice to helping those facing the uncertainty of criminal charges. Robert A. Dodell, Attorney at Law, is committed to protecting the rights of those who have been accused of any crime. My law office has successfully represented clients who have been charged with a variety of criminal and juvenile acts. I understand the law, and I understand how to build a defense case. If you are facing any type of criminal charge, from a basic misdemeanor to a Class 1 felony, you are encouraged to schedule a consultation with Robert A. Dodell, Attorney at Law. Quality criminal defense representation can make a significant difference in the outcome of your case.  

Criminal Charges Defense in Mesa AZ was originally published to AZ Crim Law – Robert Dodell Criminal Charges Defense in Mesa AZ first appeared on:

Robert A. Dodell, Attorney at Law - Serving Scottsdale, Tempe & Mesa, AZ

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

DUI Charges & Cases Defense in Mesa, AZ

If you have been arrested for driving under the influence (DUI) or driving while intoxicated (DWI), you may face severe penalties if convicted. A charge of DUI should always be taken seriously, and you should certainly seek legal representation. Arizona has stringent DUI laws, and the city and county attorneys for the State of Arizona are very dedicated to prosecuting these cases to the fullest extent. If you have been charged with a DUI, you face hefty fines and jail time. A conviction of a DUI may also lead to issues at work and the possible requirement to purchase SR22 insurance on your vehicle in the future.

Affordable and Aggressive DUI & DWI Lawyer

Driving Under the Influence and Driving While Intoxicated are two terms used for essentially the  same criminal charge. The police and the court systems often use these terms interchangeably, with Driving Under the Influence (DUI) being the most commonly used term. DUI or DWI can apply to driving under the influence of alcohol or drugs, whether those drugs are prescription, over the counter or illegal.

What is a Misdemeanor vs. Felony DUI in Mesa Arizona?

The state of Arizona has categorized their DUI charges as either misdemeanors or felonies to help the courts determine the penalties associated with the conviction. The state has also subcategorized these categories to include different levels of intoxication: regular, extreme, and super extreme. The facts of your arrest will determine what type and level you will be charged with when you go to court. The main differences between a misdemeanor and a felony is the severity of the penalties. A misdemeanor sentence that requires jail time will most likely be spent in the city or county jail,  while a felony jail sentence may be much longer and required to be served in a prison.

What are the Misdemeanor DUI Penalties and Fines?

Anyone who is arrested for a DUI with a blood-alcohol level (BAC) of .15% or less, if it is their first, and possibly second, arrest for this offense will be charged with a misdemeanor DUI. Arizona law requires that any first offense conviction of misdemeanor DUI requires at least ten days in jail. However, nine days can be suspended if the person successfully completes a mandatory alcohol screening and classes.. A fine and fees of approximately $1,600 will be imposed on the person convicted, not including the cost of jail, the Ignition Interlock Device or increased automobile insurance premiums.

What are the Extreme DUI Penalties and Fines?

An Extreme DUI is one where a person who was arrested had a BAC level of .151 to .199%. Arizona law mandates, on a first offense, a 30-day jail sentence with the potential to suspend 21 days of that sentence if the person installs the Ignition Interlock Device into their vehicle for at least one year.  Of the remaining jail time, 80% of the time may be eligible for home detention or the Continuous Alcohol Monitoring Program.  The law requires successful completion of a mandatory alcohol screening and classes.. A fine and fees of approximately $2800 will be imposed on the person convicted, not including the cost of jail, the ignition interlock device or increased automobile insurance premiums.

What are the Super Extreme DUI Penalties and Fines?

Any DUI arrest that has a BAC of .20% or higher is considered a super extreme DUI. With a first offense, there is a mandatory jail sentence of 45 days with 31 days eligible for suspension if the person installs the Ignition Interlock Device into their vehicle for at least one year.   Of the remaining jail time, 80% of the time may be eligible for home detention or the Continuous Alcohol Monitoring Program.  The law requires successful completion of a mandatory alcohol screening and classes.. A fine and fees of approximately $3200 will be imposed on the person convicted, not including the cost of jail, the ignition interlock device or increased automobile insurance premiums. It should be understood that these are just the minimum penalties. If there was an accident or any other aggravating factors, the court could impose stricter penalties..If you have a second offense DUI within 72 months, the penalties increase substantially.  

What are the Felony DUI Penalties and Fines?

A felony DUI is officially charged as an Aggravated DUI or Aggravated DWI. You will only be charged with aggravated DUI if: • This is your third arrest in a 72-month period for DUI • You were driving under the influence when you were supposed to have an Ignition Interlock Device in place • You were driving with a suspended or revoked license • You had a person age 15 or under in the vehicle at the time of your arrest (“Child in Car”} All felony DUI convictions require a prison sentence, except for the Felony DUI with a Child in Car.  If it is your first conviction, you will spend a minimum of 4 months in prison with a maximum of up to 3.75 years in prison, with supervised probation for up to 10 years..  The fine is approximately $4,700 and your driver’s privileges will be revoked for a period of one year.  You will also be required to use an Ignition Interlock Device for two years.. If it is your second or third felony conviction, you can expect substantial more prison time and fines with each conviction.

Why Hire Attorney Robert A. Dodell as Your Defense Attorney

Any time that you face a DUI or DWI charge, you should have quality legal representation. A conviction, even for a misdemeanor, can change everything about your life. You will face jail or prison time, large fines, and many other associated expenses.  These expenses will not just be the ones imposed by the Mesa court. If you are convicted of any level of DUI, you may have to carry SR22 insurance. This is an expensive policy that will be required because of the conviction. You will also face additional personal expenses such as transportation costs while your driving privileges are revoked. To arrive at the best possible outcome for your DUI arrest, work with Robert A. Dodell, Attorney at Law.  I have helped many people successfully fight their DUI arrests and arrive at the best outcome for their case.  

DUI Charges & Cases Defense in Mesa, AZ Find more on: Law Offices of Robert Dodell DUI Charges & Cases Defense in Mesa, AZ first appeared on:

Robert A. Dodell, Attorney at Law - Serving Scottsdale, Tempe & Mesa, AZ

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Tuesday, April 21, 2020

Tips for Preparing Your Defense With Your Criminal Lawyer

Questions and Advice to Help You With a Criminal Case

Being charged with a crime can be quite a frightening experience. This is especially true for first time offenders or if this is your first time dealing with the country’s criminal justice system. Remember that being charged with a criminal offence doesn’t need to end in jail time. That’s why preparing your defense with the help of your criminal lawyer is an important step. Doing so will help you pursue the best possible outcome. Without proper legal representation, however, even one mistake could be detrimental to your case. Here are our tips to help you prepare your when meeting with a prospective legal counsel. Hiring a Criminal Lawyer to Represent You

What You Should Prepare for Your Initial Meeting

There are things that you should prepare prior to meeting with your criminal defense lawyer. The following items will be helpful when discussing how to handle the defense of your case. You ought to bring the following to the initial meeting:
  • All police and court documents. These should state what assault charges were made against you. They may also include the setting of the hearing or any other appearance in court.
  • You may also want to bring any property search papers that the police may have given you. Any documents that concern a bail will also come in handy.
  • Bring a written copy of all your contact information. You can print this out on a sheet. This, of course, will help your attorney in case they need to get in touch with you.
  • If you were able to get a copy of your police report, then bring that to the meeting as well.
  • Bring a list of witnesses that may help build your defense. This list should include anyone who can testify of your character, confirm your alibi, or anyone who can corroborate your story.
  • Bring any item that may be used as evidence. This includes documents, videotapes, photos, and other items.
  • Written information about your professional as well as your personal background. This could be information that will have a bearing on your case.
  • Records of any prior convictions and criminal charges will help your attorney process your defense as well.

Questions You Should Ask Your Defense Attorney

There are also a few questions that you should ask your defense attorney during your meeting. Asking them will ensure that you get all the important information that you will need for any future proceedings.
  • How does your attorney charge for his or her services?
  • How strong is your lawyer’s expertise with your type of case?
  • How many similar cases have they handled in the past?
  • What were the outcomes of their most recent cases?
  • What is their estimated time before this case can be resolved?
  • How often do I have to appear in court?
  • Will they be handling this case personally?
  • Is your attorney easy to get in contact with?
  • Will there be someone else from the firm that will be involved in my case?
  • What are the worst-case scenarios of my case?
  • What are the best-case scenarios of this case?
  • Do you see any possible difficulties with constructing my defense for this case?
  • What are my options under the criminal justice system?

Prepare to Answer Your Lawyer’s Questions

Your lawyer might also ask you some important questions to represent you effectively and efficiently. Answering them honestly will help your case and it is in your best interest to do so.
  • What did the police do leading up to your arrest? What did they do during and also after you were arrested?
  • How did the authorities approach you?
  • What did they say?
  • Where were you when you were arrested?
  • What did you, or anyone with you, say in those circumstances?
  • What did you do, what did you hear, and what did you say?

Three Important Rules of Thumb

Abide by these 3 rules of thumb when preparing your defense with an attorney:
  • Cooperation – Your lawyer will require your full cooperation. Be as forthcoming as you can.
  • Coordination – Coordinate with your lawyer and don’t think that you can formulate a better strategy. You will need all the legal advice you can get.
  • Communication –Keep in constant communication with your attorney. Any bit of info that you can get or recall may help build your case.

Contact Robert A. Dodell, Attorney at Law

Your chances of a favorable outcome will greatly improve with proper legal advice, especially if you’re facing criminal charges. For effective defense for criminal and other related charges, you may call or email Robert A. Dodell, Criminal Attorney At Law.  

The following article Tips for Preparing Your Defense With Your Criminal Lawyer was originally published to (Robert . Dodell Law Offices Tips for Preparing Your Defense With Your Criminal Lawyer first appeared on:

Robert A. Dodell, Attorney at Law - Serving Scottsdale, Tempe & Mesa, AZ

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Thursday, April 16, 2020

DUI Conviction Under 21 Consequences in Arizona

Is Arizona a zero-tolerance state for minors? The quick and easy answer to that question is yes, it is. This means that, even if your blood alcohol concentration (BAC) is below 0.08%, an officer can still arrest you. Drug Use Lead to a DUI

DUI Implications for Minors

Under DUI law in Arizona, authorities will file charges against a minor if they have been found to have any amount of alcohol in their system while driving. It doesn’t matter how much they’ve had at the time. It doesn’t matter if the minor was not impaired to drive. It doesn’t matter whether or not they can prove that they only had one drink. Any alcohol level will get you in trouble if you are a minor behind the wheel of a vehicle. If you are within the age range of 18 to 21 years old and have been arrested for underage DUI, then you may be facing harsh consequences. Arizona law may treat the case similar to that of an adult driving under influence, though this can depend on the severity of the case. There will be no need to prove that your BAC is above or below 0.08%. You will end up facing two charges. First, you will be charged against the prohibition for driving under the influence, and second, you will face charges against drinking under the legal drinking age.

Consequences of DUI Under 21 in Arizona

Let’s emphasize this point: there is no acceptable blood alcohol concentration level is very strict states like Arizona. They have no tolerance for underage drinking and even less for underage drinking and driving. On top of that, a conviction for a driver in the state who is under the age of 21 is very undesirable. Here are some of the penalties that such a conviction may carry:

Understanding the Consequences of Underage Drunk Driving in Arizona

Note that the penalties for driving under the influence will vary with the age of the person that has been apprehended. If you are a minor, under the age of 18 years, then you will be under the jurisdiction of juvenile law. Adults, of course, will be tried accordingly with applicable Arizona laws and statutes. You will be considered an adult in this state if you are anywhere from 18 to 21 years old. Note that whether you are 18 to 21 or below 18, if you are apprehended at a police stop then that already constitutes an arrest. That is especially true if you test positive for any form of traceable alcohol in your bloodstream. As you can see from our list above, the penalties imposed by the State of Arizona can be quite harsh, even for minors, but they will be processed differently if you are tried as a minor. This may be somewhat of a comfort for parents. Here are some of the possible penalties that a minor might face under Arizona law:
  • Court-mandated substance abuse program
  • Spending time in juvenile detention
  • License suspension for two years

Aggravating Factors

Note that the court will consider other aggravating factors when it comes to the judgment of any case in Arizona. Some of these factors include:
  • Significantly high blood alcohol content
  • Injury to a third party
  • Damage to property
  • Loss of life
In some extreme cases, especially when the damage to property or injury caused are severe, then a minor driving under the influence may be processed under adult law and its corresponding penalties. Need a Lawyer to Handle Your Underage DUI Case? Maybe you don’t want your employer to know about underage DUI charges or maybe you don’t want your parents to know. People may need expert advice under such circumstances for different reasons. We advise you not to plead guilty at arraignment court.  Consult an experienced lawyer before you go to court. For effective defense for this and other related charges, you may call or email Robert A. Dodell, Attorney At Law. Visit our website below: https://www.azcrimlaw.com Get free initial consultation today!  

DUI Conviction Under 21 Consequences in Arizona is republished from Law Offices of Robert Dodell DUI Conviction Under 21 Consequences in Arizona first appeared on:

Robert A. Dodell, Attorney at Law - Serving Scottsdale, Tempe & Mesa, AZ

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Tuesday, March 17, 2020

How Do You Expunge a Felony?

Expungement is the act of striking out, obliterating, or marking something for deletion. In legal processes, what is expunged is a person’s criminal records, treating these records as if they did not at any time in the past exist. Arizona does not have a true expungement statute, as in some other State. Arizona has a “Set Aside” statute. If the court has cleared you of all charges, or you have served your time and paid the fines stated in your sentence, it is only just that the system allows you to get a fresh start. Hiring a Criminal Lawyer to Represent You

Requirements

There are specific criteria to meet before once can file a petition to set aside a conviction. These criteria may include:
  • Satisfying terms of conviction (jail time, fines, restitution, etc.)
  • Providing evidence of clean record after a conviction
  • Showing the court evidence of rehabilitation and contribution to the good of society (volunteer work, education, employment, etc.)
  • Although there is no statutory time frame, many courts may have a waiting period from the completion of all the terms of the conviction before it will entertain a set-aside.
Generally, the petition is filed with the particular court where the criminal case was heard and decided.

Expunging a Criminal Record in Arizona

Technically, AZ law does not provide for an expungement of criminal records. One’s records will stay in the books until he/she reaches the age of 99, even if probation terms have already been met. Check Ariz. Admin. Code R13-1-102 (2018). However, one who is seeking an expungement may opt for a judge to “set aside” their conviction, where some of the benefits of a full expungement can also be acquired. At the very least, the judge will void your conviction. As part of the court’s decision, the judge must be convinced that it is in the best interest that your conviction is set aside. Furthermore, the judge must have a strong belief that approving the petition is “consistent with the public welfare.'' However, voiding your conviction does not mean the charge and the conviction you received will be deleted from the records. Your future employer might want to check on you, and if he does check on your criminal records, he would see the set-aside order that specifies that you were able to fulfill your probation or sentence terms, that the court vacated your conviction, and that the charges filed against you have been dismissed. Certain conditions disqualify a person from having their petition approved, such as:
  • Commission of a dangerous offence
  • Commission of a crime where you were required to register as a sex offender
  • Conviction where the offence involves a “finding of sexual motivation” - “Finding of sexual motivation” means that one of the purposes for committing the crime was sexual gratification
  • Offence committed against a person under 15 years old
  • Certain driving offences

Process of Felony Expungement

There are fees to pay to the court, and courts usually post the payment details on their websites. If you have multiple criminal cases, you will have to pay for each separately. Following your application, the prosecutors involved in your case will be notified about your intent. Whether or not an objection from them is raised, the judge will proceed and decide on the application to set aside without a hearing. Therefore it is important to present the request with all the information needed to give the judge reason to grant the application. Filing out the form for the set aside is not enough. It is important to get letters from employers, friends and family about how much your life has been turned around and your road toward rehabilitation. The judge needs to know how important it is that the set aside to be granted for you. Without it, you may lose the chance to gain employment and lose future opportunities that will come your way. The judge will decide either in favor of set aside, which means your conviction will be rendered void or against it, which, in this case, means that your request is denied.

Robert A. Dodell, Attorney at Law – Get Legal Help

The rules for setting aside criminal records in Arizona are complicated. To learn more about it, get help from Robert, an experienced criminal defense , bringing in over 30 years of solid practice in every legal case that he handles - fervently defending his clients’ rights.

How Do You Expunge a Felony? is available on www.azcrimlaw.com robert a dodell attorney How Do You Expunge a Felony? first appeared on:

Robert A. Dodell, Attorney at Law - Serving Scottsdale, Tempe & Mesa, AZ

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Wednesday, March 11, 2020

Can I Have My Gun Rights Restored?

Most states have similar gun rights provisions in their laws, with slight variations from state to state. Provisions in the law for gun right restoration after a felony is usually discussed in a section titled “certificate of rehabilitation” or “restoration of rights”. Criteria for restoration is not a strict one. Generally, there should only be one felony conviction, and it is not considered a serious offence. The felony sentence will need to have been completed,  whether the sentence was prison or jail or probation. You must have paid all your court fees and restitution, and lived an irreproachable life ever since. My Gun Rights Restored Then, you can ask the court that sentenced you “guilty beyond a reasonable doubt”, and if the circumstances favor you, with the help of a criminal lawyer in weapons charges, the court may restore your gun rights.

Gun Rights Laws in Arizona

Arizona law provides two ways for felons to receive the gun right restoration.
  • If the offence is “not serious”
You petition the court after the completion of probation, or the date absolute discharge from incarceration to restore your rights.
  • If the offence is a “serious” offence defined under Class 6 felony 13-604 (first- or second-degree murder, and aggravated assault that results in serious physical injury, sexual assault, manslaughter, armed robbery, kidnapping, etc.)  You can ask the court for restoration of your 2nd Amendment rights 10 years after release from prison or completion of probation.
  • Note: If the conviction is for a “dangerous” felony offence, you cannot ever restore your gun rights. In Arizona, “dangerous offence” as defined by the Arizona Revised Statutes § 13-105(13), involves “the use, discharge, or threatening display of a deadly weapon or instrument or the intentional infliction of serious physical injuries on another person”.

Common Pitfalls to Gun Rights Restoration

The following conditions may cause a denial of your request to restore your gun rights:
  • A conviction due to a serious offence calls for a 10-year wait period after release from prison or end of probation. Any request for gun rights restoration filed short of the required wait period will be denied.
  • Approval or denial of requests may also depend on the nature of the offence.
  • In the case of multiple priors or subsequent priors, it could be difficult for the convict to convince the court to grant his motion.
  • Another reason for denial is unpaid fines or restitution. Satisfying this requirement might sound easy, but many offenders trying to meet this requirement might find it to be the hardest to fulfill. Depending on the state, the fines can be exorbitantly high, and that is true with Arizona.  In Arizona, until you pay to the last cent you will not even be eligible to file a motion for your conviction to be set aside.
If your application is denied, you can ask your lawyer about the best way to proceed. There are options including refiling immediately with more information and allowing more time to pass before refiling.

How to Choose the Right Attorney for Gun Rights Restoration

Prosecutors representing the government may object to a motion for restoration even for non-violent crimes. This is why you need a lawyer to fight for your rights to the end. When looking for the right lawyer, ask these questions:
  • Are the lawyer’s experience and background sufficient for your legal fight to have your rights restored?
  • Do you think he is someone you will feel comfortable working with?
  • Do you feel comfortable with the fees and how they are structured?
It is in your best interest to get a lawyer’s service. The attorney will make sure that the process is properly done the first time - This translates to a higher chance of succeeding to secure your gun rights again and prevent unnecessary delays

Robert A. Dodell, Attorney at Law

Robert is one of the best lawyers you can find in AZ. He has over 30 years of experience practicing criminal law and handling thousands of cases. He will defend your rights and prove that it is just that your gun rights be restored.

Can I Have My Gun Rights Restored? is courtesy of Robert A. Dodell Can I Have My Gun Rights Restored? first appeared on:

Robert A. Dodell, Attorney at Law - Serving Scottsdale, Tempe & Mesa, AZ

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m