What to Do and What to Expect and Possible Charges

DUIs are taken very seriously in the state of Arizona. If you are arrested for this offence, then you’re in trouble and must treat the matter with some urgency. If you face a second or third DUI charge, the stakes are even higher. You will need the help of an experienced DUI attorney if you are to get the best possible outcome.

What to do After Your Arrest

Being stopped on suspicion of DUI is bad enough. You should politely refuse to perform any field sobriety tests or the HGN (Horizontal Gaze Nystagmus) eye test.  You should not answer any questions about your driving or your consumption of alcohol or drugs. If you are arrested, it can mean being held for a time and an immediate charge. No matter how you find yourself in custody, you should not physically resist the officer. You should always ask to speak to an attorney when the officer orders you to submit to any blood, breath or urine test. Your best response to an arrest is to invoke your Fifth Amendment right to remain silent. It is vital that you not say or do anything that will incriminate you. Your best move is to call your DUI lawyer. A lawyer can help you navigate the legal shoals of a second or third DUI arrest.

Penalties for Multiple DUI Offenses

You may have received a relatively lenient sentence as a convicted first-time DUI offender, not that it probably felt like it. However, you should not expect the same treatment if you are once again charged with this crime. Here are some of the penalties for a second DUI conviction: -Minimum of 30 days in jail -Maximum of 6 months in county jail -Fines and fees exceeding $3500 -One-year suspension of your driver’s license -Installation of an ignition interlock device For a third DUI conviction, the penalties may include: -Four months to two and a half years in prison -Fines and fees exceeding $4500 -A one-year revocation of your license -Installation of an ignition interlock device Arizona also has enhanced penalties of extreme and super extreme second offence DUI. If the blood alcohol concentration is 0.15% or above, you will be charged with extreme DUI. If the blood alcohol concentration exceeds 0.20%, the case falls in the super extreme category and the penalties for these are even stronger. The penalties for a second extreme DUI include up to 120 days in the county jail and the attendant fines and license suspension. For a second super extreme DUI, the sentence includes 180 days in jail and increased fines and a license suspension.

Getting the Right Lawyer for Your Case

These are not light penalties. Multiple DUI convictions can cost you a long time in jail and significant fines and loss of your driver’s license.  This may lead to the loss of employment and could even lead to the ruin of your life. That is why you should exercise every legal right at your disposal, including the right not to incriminate yourself. That is why you need to call an attorney before you agree to take any breath, blood or urine test. And in the end, the police are seeking evidence to prove a case against you. Their case must begin with a legal stop and search. Police do not have the right to stop and interact with you in any way they wish. They must follow laws and procedures when executing such a stop. One of the best ways to build your defense is to record or have recorded on a cell phone the entire interaction with the authorities. Your lawyer will review this video footage and look for violations of procedure or the law. Even if you did take the breath test before speaking to any attorney, this evidence can be challenged. Breathalyzers malfunction all the time. Your lawyer will have the right to call in experts to assess the state of the device that was used on you. If discrepancies are found, it will weaken the prosecution’s case. If you have been arrested for a second or third DUI offense, you should call Robert A. Dodell, Attorney at Law. He has the experience and expertise to mount the most vigorous and effective defense possible against another DUI conviction.

The blog post What to Do and What to Expect and Possible Charges See more on: ArizonaCrimLaw - Robert Dodell Law Offices Robert A. Dodell, Attorney at Law

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Juvenile Criminal Cases and Court System in Arizona

Juvenile Court is a separate division of the Superior Court.  It is responsible for hearing cases concerning juvenile delinquency, dependencies, termination of parental rights, adoptions, emancipation, and any other related matters. Despite the fact that most Juvenile Delinquency matters involve crimes committed by minors, they are taken seriously, just like any other case. That’s why it is important to hire an experienced juvenile attorney to handle the case.

Arizona Juvenile Court Process

The organization and process of a juvenile court system are somewhat different from that of the adult system. For instance, when an offence is committed, juveniles or minors are considered ‘detained’ rather than arrested. Thereafter, a petition is created to serve as an official charge sheet. The petition states the jurisdiction of the juvenile court and the crime committed.  The family of the juvenile is notified of the charge. Normally, the first step when juveniles are detained is to contact a juvenile lawyer. A juvenile lawyer is familiar with the juvenile system, as it is not quite different from the adult criminal justice system.  The lawyer will advise you on the steps to follow until the hearing stage.

Inside the Courtroom

The juvenile delinquency case is handled by a Superior Court judge.  If the juvenile is tried or pled and is found delinquent (the juvenile term for guilty), that juvenile will have a disposition hearing (the juvenile term for a sentencing hearing).  The court determines what sanctions should be imposed on the juvenile. All records in juvenile courts are sealed and cannot be easily accessed. This is different from adult courts where anyone can get the records based on the Freedom of Information Act, minus some redacted personal information which may be included on said documents. The sealing of records is deliberate to ensure that mistakes committed don’t haunt the juvenile in his or her future life. Records may also be destroyed when the juvenile turns 18 – as long as they have fulfilled certain conditions given by the court. One of the main contentious issues with juvenile courts is the use of indeterminate sentencing. This is where judges have the discretion of deciding the maximum sentencing for juveniles. Consequently, juveniles are observed until they serve their maximum term or when the judge feels that they have reformed their behavior. But, sometimes, working with an experienced Arizona lawyer can result in an earlier release.

Different Types of Juvenile Cases

Juvenile court processes usually differ depending on the type of case. Below are three primary types of juvenile cases:

1. Juvenile Delinquency Cases

- These are cases concerning juveniles whose actions would have resulted in criminal charges if they were adults. The type of punishment and fines in juvenile courts is somewhat different from those in adult courts. The primary goal is rehabilitation rather than punishment.

2. Juvenile Dependency Cases

- These are cases concerning minors or juveniles who have been neglected, abused, or abandoned by their respective guardians or parents. The main objective of such cases is to provide children with safety.

3. Status Offense Cases

- These are cases that concern status offences that specifically apply to minors. It may involve drunk driving, curfew violations, or truancy, among others.

The following article Juvenile Criminal Cases and Court System in Arizona is courtesy of free initial consult Robert A. Dodell Attorney At Law Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

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Know Your Rights With Vehicle Searches in Arizona

People are protected from unlawful searches and seizure of their assets under the Fourth Amendment of the United States Constitution. Any type of illegal seizure of assets could negatively impact a person financially. Any type of unlawful vehicle search would violate a person's right to privacy.

Automobile Exception

This is connected to the Fourth Amendment and provides drivers with less of an expectation for privacy in their automobile when compared to their residence. Law enforcement in Arizona is still not permitted to search each vehicle they stop for a traffic violation. They must be able to establish probable cause. However, there are situations when law enforcement officers in Arizona can legally search a person's vehicle without the driver's consent or search warrant.

Probable Cause

This makes it necessary for law enforcement to have a reasonable belief that a crime may have occurred. This could involve drug possession, driving under the influence, and more. A traffic violation does not provide enough probable cause to search a vehicle. It could be a driver's actions or the objects in a vehicle that could give Arizona law enforcement officers cause to search a vehicle. There are certain common reasons they can legally search a driver's vehicle without a warrant or permission. *Law enforcement officer reasonably believes that the search is necessary for their safety *The officer has probable cause to believe there is evidence of a crime in the vehicle, such as illegal drugs or drug paraphernalia in plain sight, the odor of illegal drugs *Drivers admitted or provided information about what is in their vehicle *Statements from reliable witnesses

Vehicle Search

Once Arizona law enforcement has determined they have probable cause, they have the right to search a driver's vehicle. To do so, they will first instruct the driver and other passengers in the vehicle to exit the vehicle. Typically they will be required to stand far away from the vehicle unless they have been placed under arrest for an unrelated charge. The vehicle search will cover the entire vehicle and any belongings discovered inside it. This includes items owned by the driver and the vehicle's passengers. It could also involve using a K-9.

Routine Inventory Before Towing

A driver can be stopped if there is a warrant for their arrest or because of a traffic violation. They may not have any friends or family members to come and take possession of the vehicle, or there may be no safe place the vehicle can be legally parked. In this situation, law enforcement officers have no choice but to tow the vehicle to an impound lot. Law enforcement officers will perform an inventory of items in the vehicle to minimize the chance of legal trouble if an angry driver believes items from their vehicle are missing. Should law enforcement officers discover illegal contraband in the vehicle, it can be taken and used as evidence against the driver in court.

Unlawful Search And Seizure

There are instances when a vehicle search and property seizure conducted by law enforcement are illegal. If this happens, a criminal lawyer will file a Motion to Suppress with the court because their client's Fourth Amendment rights have been violated. There are three things a judge will consider for determining if a vehicle search by law enforcement was legal. *If the nature of the paraphernalia or drugs discovered is incriminating. A vehicle can't be legally searched if an object does not indicate a crime. *A law enforcement officer must have a valid reason to stop a vehicle. If not, they could be considered to not be legally present. *Law enforcement must have legal access to the paraphernalia or drugs. Should these items have not been in plain sight, the vehicle did not have the odor of an illegal drug, or no consent has been given for a search, law enforcement may not have a legal reason to search the driver's vehicle.

No Punishment

Under the law, there is no legal punishment associated with a driver refusing to give law enforcement consent to search their vehicle. Law enforcement officers have been known to try and bully a driver into giving them permission. It is important for a driver to know their rights and remain firm. This is an indication law enforcement does not have probable cause to search the vehicle. Anyone who is facing a felony drug charge in Arizona, after law enforcement searched their vehicle, needs to speak with criminal lawyer Robert A. Dodell, Attorney At Law as soon as possible. This legal professional understands facing criminal charges is challenging. Robert A. Dodell, Attorney at Law will know how to discuss the circumstances of the arrest and determine the best possible legal defense.  

Know Your Rights With Vehicle Searches in Arizona was originally seen on website for AZ Crim Law – azcrimlaw.com Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

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How Do You Know If You Are Under Criminal Investigation?

While contact from a police officer does not always mean you are under investigation for violating the law, there are times when you should be prepared for.  As a criminal attorney explains, there may be ways to know if you are under criminal investigation.

Commission of a Crime

Before explaining how a criminal investigation takes place, it is important for you to understand the types of crimes you could be charged with in Arizona. A misdemeanor is usually a lesser crime and punishable by up to six months in county jail. These cases are normally handled by lower courts. Felonies are punishable with time in the state prison. Although the case may initially be heard in a lower court, they may end up in a Superior Court hearing. Felonies are more serious than misdemeanors.

Pre-Arrest Investigation Process

A pre-arrest investigation begins as soon as the crime is committed and your initial interview with the police will be part of that crime investigation. You should always request a criminal defense attorney to be present for an interview, in order to protect your rights. Anything you tell the police during that initial interview will be used during the investigation. During this interview, the questions asked may indicate that you could face criminal charges. If the officer asks specific questions about the crime or what you were doing at the time, that could mean you are a significant part of or suspect of a criminal investigation. If they ask you to provide the names and phone numbers of the people you were with during the crime or if they ask about your drug and alcohol use, this is another sign that you may be under investigation.

Being Called in For Questioning

If the police contact you and ask you to come in to answer questions, it’s very important to contact an attorney prior to the interview. It’s very possible that the police simply need to clarify some information and you may not be the subject of the investigation. An attorney can accompany you to the interview and advise you how to conduct yourself and what questions to answer and which ones you should not, in order to avoid any possibility of incriminating yourself.

Search Warrants

In some cases, the police will not interview you first. If they receive information that you have evidence of a crime in your home, they may request a search warrant from a judge. If they arrive at your door with the warrant, it’s highly likely that you are under investigation. Officers often obtain search warrants before an interview when they are concerned that questioning a suspect could lead to destruction of evidence. If they execute a search warrant, they are hoping to find the evidence before it is destroyed. They will then use that evidence in your questioning.

Subpoena for Records

If your business is under investigation, you may learn of the probe when you are served a subpoena for records. Like a search warrant, you must comply with the officers and provide them with the records included in the subpoena. Although you do not have to answer questions during a police interview, search warrants and subpoenas cannot be ignored. It’s suggested that you have an attorney present to ensure the police do not take records not included in the subpoena. There are many ways that law enforcement may let you know you are under investigation. Sometimes you learn through “word on the street” that the police have been asking questions. There are also times that federal investigators reach out to you by mail and ask you to “come in for questioning”. No matter how a law enforcement agency reaches out to you, it is imperative that you protect your rights by hiring a criminal attorney. Robert A. Dodell, Attorney at Law, a former prosecutor with over 30 years of experience, can help. Even if you have not been arrested, Robert will help you develop an aggressive defense, guide you through the complicated judicial process and give you a complete understanding of what charges you may be facing. If you believe you are under investigation or have been arrested for a crime, contact Robert by calling (480) 860-4321, emailing Robert@AZCrimLaw.com. or fill out the easy online form to arrange for a no obligation consultation.

How Do You Know If You Are Under Criminal Investigation? is available on website for AZ Crim Law – azcrimlaw.com Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Crucial Facts about Arizona Drug DWIs

Arizona DUI Laws

Arizona law, like all state law, makes it expressly illegal for one to be in control of a motor car while under the influence of any intoxicant. Arizona is notable for being one of the harshest states on drivers found to be driving under the influence. Offenders are usually subject to legal sanctions of varying severity once it has been established that they have exceeded the legal limit. The legal limit in the state of Arizona is a blood alcohol level of 0.08%. Anyone found with alcohol at this level, or higher is liable for criminal prosecution.

Arizona DUI Penalties

Understandably, for a first-time offender, the penalty for a DUI is decidedly more lenient than for a repeat offender. A first-time DUI is typically classified as a Class 1 misdemeanor. Offenders may face several legal sanctions depending on the particular circumstances surrounding the offense. They are likely to face penalties of a minimum $1500 fine and assessments, possible probation, or even be ordered to perform community service.  There is mandatory drug or alcohol counseling. There is also a short stint in jail and a suspension of driving privileges. Typically, first time DUI offenders will have their license suspended for ninety days, although a work permit may be possible after the first thirty days is completed. This suspension is referred to as administrative license suspension. Also, Arizona DUI law requires offenders to undergo mandatory counseling to educate and sensitize drivers on the dangers of drunk driving. The law is much firmer for second and subsequent offenders. For one to be charged with a second DUI in the state of Arizona, they would have to have a blood-alcohol level of at least 0.08% and would also have had a DUI conviction dated within the last seven years. A second DUI charge will see the offender face at least 30 days in jail and up to as much as six months. Additionally, the minimum fine and assessment payable is approximately $3500. Other sanctions include mandatory drug or alcohol counselling,  suspension of one's license for one year and community service, as well as possibly probation. For third-time offenders, the legal penalties are much worse, as the case becomes a felony. The fine and assessments for a third offense is approximately $4700 while they face a minimum of four months in prison. Additionally, they stand to lose their driver’s license for one year. This is not to mention the mandatory drug or alcohol counseling they will be required to undergo along with probation or community service. All told, the penalties for DUI charges in Arizona are among the harshest.

Arizona DUI Facts to Remember

There are several crucial DUI facts to bear in mind if you plan on visiting Arizona. The first of these is that commercial drivers can be arrested on a DUI charge with a blood alcohol content (BAC) of as little as 0.04%. Anybody found driving under the influence without having attained the legal drinking age is also subject to prosecution. A sad fact is that driving under the influence continues to contribute to close to a third of all accidents. Another fact to consider when it comes to DUI charges in Arizona is that failure to submit to a sobriety test leads to an automatic one-year license suspension. The penalty is much steeper if it is your second offense of refusing to take the test, for which one may face a license suspension of up to two years.

The Value of Hiring a Good DUI Lawyer

The value of hiring a knowledgeable DUI attorney is easy to see. The right DUI lawyer will keep up with the latest legal advancements to secure the best defense for their client. Regardless of the severity of the charges, it is always advisable to have a seasoned attorney in your corner. A experienced lawyer will weigh the particular circumstances of your arrest and the charges you face. Not only will they be familiar with the law but they will also understand the facts surrounding DUI cases quite well. After reviewing the case, they will be able to propose a solution that seems appropriate for the criminal charges you are facing. So, should you or your loved one be faced with DUI charges, it will pay to contact Robert A. Dodell, Attorney at Law.  He is knowledgeable in DUI law, with the experience of 30 years both as a prosecutor and defense attorney, and is your best bet toward a favorable ruling. After a free consultation, Robert A Dodell will work aggressively and tirelessly to defend you as he has done for decades. The importance of engaging the services of a stellar attorney with a distinguished history cannot be taken lightly.  Get the right legal backing in your corner.

Crucial Facts about Arizona Drug DWIs Find more on: https://azcrimlaw.com/blog/ Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Myths about Facing a DUI Charge in Arizona

Being charged with driving under the influence is a serious legal matter in every state. All states have unified the .08 blood alcohol content level as a presumption of intoxication but the associated legal penalties with a conviction differ significantly from state to state. Sometimes penalties are relatively administrative and standard for a first conviction, then they are enhanced with subsequent convictions. In addition, look back periods for determining the enhancement of charges is also not consistent, ranging from 7 to 10 years depending on the state. Most defendants do not realize the severity and potential long-term outcome of a DUI conviction, and often they attempt to deal with their court dates without solid legal representation and merely plead guilty as though they have no defense in the case. It is always essential to have an experienced DUI attorney when going to court for impaired driving because the outcome has a significant impact on the future of all defendants. Here are a few myths people accept regarding DUI cases in Arizona.

Intoxicated driving is a standard traffic charge.

A charge of driving under the influence is not a mere traffic violation. It is a serious criminal charge in the state of Arizona, and prosecutors are serious about making the charges stick. There are also mandatory minimum penalties in every aspect of the punishment, which is a comprehensive approach in Arizona. Prosecutors often have little room to plea bargain a conviction down, and most will not even consider this without solid legal counsel.

The law applies equally to all drivers.

The standard for a charge conviction in a typical passenger vehicle case for an individual over 21 years of age is set at .08 BAC.  But any level of intoxication while driving is a violation of Arizona law due to the restrictions on alcohol use for those under age 21. And commercial drivers are held to a .04 BAC standard when operating a vehicle, and this does not necessarily apply only to those driving tractor-trailer rigs. There are varying degrees of commercial driver licenses, and all classes are set at the .04 BAC standard.

First offenders do not receive a jail sentence.

Arizona impaired driving law is indeed one of the strictest, if not the most restrictive, in the United States. All convicted individuals are required to spend a minimum of one day in jail, along with nine additional suspended days of jail. However, judges have upward latitude regarding potential incarceration periods, and it is possible to receive the full 10-day sentence recommended by the prosecutor and accepted by the court without having an experienced criminal defense lawyer representing the case. The allowed 9-day suspension is not mandatory.

Minimum penalties are the standard for first offense charges.

Courts in Arizona are not required to issue the basic minimum punishments for a conviction, and prosecutors often have set policy for dealing with cases that exceed minimums in every aspect. Penalties are determined by the specifics of the case, and reasonable doubt is difficult to establish without solid legal counsel.

Defendants are not required to have legal representation.

All defendants in an impaired driving charge in Arizona are required by law to have legal counsel because some jail time is mandatory.  This is actually set by federal precedent for anyone who may receive a jail term of any amount in the United States. It is an adequate counsel requirement. A defendant can waive that legal right to counsel  A public defender will be appointed to represent a defendant, but only if the defendant is financially eligible under the court’s guidelines. Public advocates often have huge caseloads and limited time to devote to one particular case. It’s always best to have a private criminal defense lawyer who understands the implications of an intoxicated driving charge, who can spend the proper time on a case. These are just a few of the concerns and myths that defendants should consider before deciding to plead guilty to an impaired driving charge regardless of the strength of the state's case. In fact, the more severe cases require the most effective and aggressive criminal defense measures. A conviction assuredly has a lasting effect on the life of the defendant, including completing alcohol or drug education and having an ignition interlock device installed in the vehicle at their own expense. Never accept the idea that you have no defense in your case. If you are charged with a DUI in Arizona, you should call Robert A. Dodell, Attorney at Law, for solid and aggressive legal representation.

Myths about Facing a DUI Charge in Arizona is republished from Robert Dodell owner of azcrimlaw Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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How COVID-19 Has Changed Law Enforcement?

The COVID pandemic has brought forth numerous changes. One group experiencing major alterations is law enforcement. Arizona-based criminal attorney Robert A. Dodell invites interested parties to continue reading to learn about how the Coronavirus has changed the ways police conduct important business.

Limiting Arrests

In an effort to prevent the virus's spread, local, state, and national government and health organizations have instituted numerous safety guidelines. These safeguards, such as the practicing of social distancing, have rendered a formerly simple and straightforward activity, like executing arrests, far more challenging. Obviously, this action necessitates close contact between law enforcement official and offending individual. However, as more health mandates have entered into effect, policing agencies have been encouraged to detain fewer criminals or only arrest those committing more serious offenses.

Reduced Incarcerations

Another common pandemic spread prevention technique instituted by governing authorities is the limitations on gatherings or introducing new subjects into a given location. This edict has exerted a significant impact upon the nation's jail and prison systems. Some institutions are capping the number of new inmates to be accepted. In many cases, those convicted of mild to moderate offenses or those handed down short sentences are not always being subjected to incarceration. Moreover, in certain states, government officials have even released prisoners. Occasionally, individuals let out of jail or prison possessed serious records. Moreover, there have been reports that a percentage of these convicted felons have committed other acts of malfeasance upon their release.

Decreased Community Presence

Social distancing mandates have forced numerous law enforcement agencies to scale back their community presence. Community and police leaders throughout the nation have expressed reservations about this action. These individuals subscribe to the safety in numbers and community-based presence theories and opine that a decline in police presence could serve as an invitation for some individuals to engage in an increased amount of criminal activity.

Altered And Limited Training Programs

Another major COVID spread prevention effort has been the shut-down of practically every business or industry. Many states have begun the reopening process. However, the educational sector is reluctant to move with the expediency that other notable professions have. The continued lockdowns of schools and other educational institutions has a profound impact upon the law enforcement community. These closures have included many police training academies, in addition to colleges and universities offering criminal justice degrees. Some of these entities have offered courses online. However, certain police training methods are difficult to provide instruction for through such methods. Law enforcement officials fear an ongoing closure of educational establishments could ultimately result in fewer individuals pursuing careers as police officers.

Reliance On Personal Protective Equipment

Health officials warn that being out amongst people significantly increases one's risk of contracting this potentially deadly pathogen. Therefore, as a means of protection, those who must venture out are firmly cautioned to don personal protective equipment, such as face masks and gloves. Though necessary, outfitting law enforcement officials with these items may still place a financial strain on many departments.

Reduced Civilian Workforce

Those not familiar with the inner workings of law enforcement agencies might not realize that said establishments often employ a discernible percentage of civilians to carry out needed tasks. Social distancing and shelter at home policies have limited the number of such individuals permitted to perform their jobs at agency headquarters. Ergo, they must execute these duties online if applicable, or uniform staff is forced to handle these responsibilities. When uniform staff must expend time completing non law enforcement-related issues, said personnel are spending less time fighting crime.

A Greater Emphasis on Community Involvement

One possible positive to emerge from these circumstances is a greater degree of cooperation between police agencies and the communities within which said entities serve. A diminished community presence of law enforcement officials will force agency authorities to rely on concerned community members to help identify and snuff out criminal activity. The relationships between police and certain communities has not always been stellar. However, if the two groups are forced to work together, observers are hopeful such newly forged partnerships will eventually result in safer and better communities for all concerned parties.

Contacting Mr. Dodell

Individuals charged with any type of offense are encouraged to contact criminal lawyer Robert A. Dodell. Mr. Dodell is a former prosecutor possessing more than 30 years of experience dealing with a host of criminal cases. More information about his firm can be found by visiting https://www.azcrimlaw.com/.

How COVID-19 Has Changed Law Enforcement? is republished from AZ Crim Law – 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