Thursday, April 26, 2018

The Impact of DV Charges to an Individual

It is normal to have conflicts, misunderstandings, and disagreements among family members from time to time. However, things can get out of hand and when they do, they could escalate into domestic violence. Legally, domestic violence is defined as the violation of the rights of a person in a domestic set-up such as in a marriage or in a family o any co-habitation setting. These cases can involve physical injuries, rape, grave abuse, threats and even as much as murders and homicide. People who are charged in these cases might not know how to handle their situation. Some appeal to the sympathies of their accusers and others who can influence the ruling on their case. In cases that are quite sensational, the accused might also try to earn the sympathy of the public to somehow sway the outcome of the case. The best course of action of someone charged in such a case is actually to contact an attorney who can guide him through the entire legal process and help him get the least damaging ruling possible.

The Trouble with Domestic Violence

A domestic violence case has a life-changing impact on the one charged of committing the crime, especially if one is being wrongfully accused. The accused could suffer from mental and emotional distress. It is not unusual fo the court to issue a no contact order, so the accused will be separated from the family. If the case progresses and the Defendant is handed a guilty verdict, a jail sentence is possible. Life will be put on hold and it would likely be difficult to get back to one's old life. To give you an idea of what someone accused of committing a crime in a domestic setting charge could face, here are a few possible consequences:
  1. Limited employment opportunities – there’s always a stigma attached to criminal charges. When you have a domestic violence conviction on your record, you might find it difficult to find an employer who will hire you in a snap. This is especially true if you wish to work in government, in health care facilities, or in institutions and businesses that deal with children and minors.
  2. Inability to obtain some licenses and privileges – the government could bar your from practicing your profession or occupation by revoking your license as the case may be. You might also be prevented from operating a business or working in certain types of occupations.
In most cases, having such a charge on your record will prevent you from owning and handling guns and firearms.
  1. Heavier financial burden – in a conviction for violence in a domestic case, you could be asked to pay damages to the aggrieved party, in the form of restitution.
  2. For cases involving divorced or divorcing couples, the court can than a domestic violence case into consideration and that could affect post-divorce contact orders and visitation of children.

Easing the Impact of a Domestic Violence Charge

It is not easy to be charged with any crime and the impact of a domestic violence charge cannot be taken lightly. You face better prospects when you have an experience attorney working on your case. Contact Robert A. Dodell, Attorney At Law, for your domestic violence defense, an experienced attorney to help you navigate your domestic violence case.
The Impact of DV Charges to an Individual was first seen on Robert A. Dodell 

 Robert A Dodel, Attorney Offices
10601 N Hayden Rd, #I-103
Scottsdale, AZ 85260
(480) 860-4321

Sunday, April 15, 2018

Teen Sex and the Romeo and Juliet Defense

There are times when teenagers make decisions that could have an impact on the rest of their lives. In such instances, parents would want to make sure that their children are not unnecessarily and unreasonably sanctioned by law or by any other means. One particular area of concern is consensual sex by teens. Sexual hormones are quite high and emotions are intense during the teenage years. When these are not kept in check, teens are bound to find themselves crossing the lines and, perhaps unknowingly, getting in trouble. The poor judgment could also be a result of the fact that the teenage brain is not yet fully developed. As a parent, you might then ask “Will my teenage child get arrested for having consensual sex in Arizona? How can the Romeo & Juliet Defense help?” In Arizona, the law is clear on age of consent. Failure to follow the provisions stated in the law will lead to unfortunate consequences. If your child is convicted, he will:
  • Have a tarnished reputation,
  • Have difficulty in finding employment in the future, and
  • Risk imprisonment
Anybody who has sex with a minor faces the risk both of getting convicted of a sexual offense and having to register as a sex offender for all the rest of one's life.  

Age of Consent

In various US states, the law specifically states the age of consent. The term refers to the minimum age one must reach before he can legally consent to a romantic activity, such as sexual intercourse, oral sex, etc. In Arizona, that minimum age is 18. It is not entirely hopeless if you find that your child who is below the age of consent has had consensual sex with a partner who is likewise still a teenager. You can ask your lawyer if you can invoke the Romeo and Juliet defense.  

Arizona’s Romeo and Juliet Defense

Each state that implements the Romeo and Juliet defense has different legal provisions for the law. Arizona’s version states that the defense can be applied to a charge of sexual conduct with a minor if the victim is between 15 to 17 years old. The following additional requirements should be met:
  • The commission of the sexual act is consensual.
  • The defendant is below 19 years of age or is currently attending high school.
  • and the age gap between the defendant and the victim is less than 24 months.
If your child is 18 years old and the other party is 15 years old, more than 24 months apart, the Arizona Romeo and Juliet defense does not apply. The Romeo and Juliet provision is usually the first recourse for those who find themselves in this predicament. Those who cannot be helped by this defense can make use of the Mistaken Identity Strategy. Depending on the circumstances of your teenager’s case, your lawyer may be able to argue a Mistaken Identity defense. This defense strategy is used in cases when it can be shown that the victim lied about his or her age. The defense can be strengthened further by showing the court that the defendant made attempts to know the true age of the accuser. If the defendant can show that he/she checked the victim's social media or some identification, or even contacted the victim’s friends to verify the victim’s age  

Legal Assistance for Your Romeo and Juliet

Robert A. Dodell, Attorney At Law, can help you protect your teen’s rights. Robert A. Dodell is a veteran lawyer who has handles both juvenile and adult criminal cases in Arizona. You can check out the reviews to see how satisfied his clients are with the legal services that they received. When your teenage child is facing any kind of legal trouble, you can expect that it is going to be a really difficult time for your child and the entire family. What you need is a legal professional who can assist your child. To learn more about sex crimes visit Robert A. Dodell Attorney At Law, for a free initial consultation.
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 Robert A Dodel, Attorney At Law
10601 N Hayden Rd, #I-103
Scottsdale, AZ 85260
(480) 860-4321

Thursday, April 5, 2018

Adoption Attorney Vs An Adoption Agency

Do You Need The Assistance Of An Adoption Attorney Or An Adoption Agency?

Choosing between an agency and a private entity is a hard decision to make if you are thinking of adopting a child. A wise decision can only be made when you have enough information to make a proper analysis. Adopting a child is a life-changing experience for any family. Apart from ensuring that the adopted child feels comfortable and happy with his or her new family, there is also the matter of the legal paperwork to deal with. It is important to remember that adoption is a legal process. Without legal documentation, the adopted child cannot be considered by law as part of the adoptive family. There are prescribed steps when it comes to filing the necessary documents and going through court proceedings. It is easy for people to confuse an adoption attorney with an adoption agency. But, there are clear differences that you should know before you make the choice. They are not one and the same and one certainly has an advantage over the other.  

Adoption Agencies

These agencies provide services that match parents who want to adopt with children who need homes and families. If the adoptive parents are not adopting a child through State foster care or adopting an identified child, such as a relation or one born to a friend or acquaintance, then an adoption agency is likely the route to take. The range of services is extensive – from pre-counseling an expectant mother who wishes to give up her baby after childbirth to helping adopted children connect with their biological parents should they wish to do so when they reach adulthood.

Here’s what you can expect when you select an adoption agency:

  • Counseling Support throughout the adoption process – adoption agencies are staffed with family counselors, psychologists, and social workers who can counsel birth parents, adoptive couples and their immediate family members, and children under their care. Counseling support services are often available right before matching a child to a family and extend to after the child has settled in with his adoptive parents and siblings.
  • Biological Information about the child – the adoption agency keeps records of all biological information about the child, including his birth parents and his medical records. This information is often essential when it comes to serious illnesses and injuries. In some instances, the adopted child would also want to trace his roots and find out who his real parents are.
  • Administrative Support in compiling and filing all necessary documents to make the adoption legal – parents who want to adopt their own child will have to be ready with a number of documents that indicate their capacity to raise a child. These include identification certifications, financial records, and other legal documents that pertain to previous changes in marital and family status.
  While it would seem like adoption agencies provide all the services that you could possibly need to adopt a child, the adoption agency process is extremely expensive and is best if the adoptive parents do not have a particular child in mind to adopt or do not go through the State foster care system. Those adoptions are not suited for an adoption agency.  

Strong, Seasoned Adoption Attorney

An experienced adoption attorney will do a variety of types of adoptions, including adoptions of children in foster care and independent adoptions, step-parent adoptions, and grandparent or relative adoptions. Adoption agencies have their place, but not when it comes to these adoptions.

Here’s what you can expect from an adoption attorney:

  • Expert Legal Advice from start to finish – you do not have to ‘grope in the dark’ or scrounge around for answers to your questions when you already have an adoption attorney to consult with. You are less likely to be misinformed and consequently make the wrong decisions. These mistakes can set you back in terms of time and money.
  • Timely Processing – there are legal steps that need to be taken in the right order. For instance, there needs to be a court ruling on the Termination of Parental Rights to emancipate the child so you can adopt him. There are also prescription periods that will have to be observed, such as the time period within which a child should be adopted from foster care, the grace period allowed for birth parents to appeal their case, the deadline for birth parents to revoke their consent to adopt.
  • Better Understanding and Application of state adoption and child welfare laws – there are variations in adoption laws from one state to another. When you have an adoption attorney like Robert A. Dodell, Attorney At Law, you can be sure that every step that you take towards legally adopting a child will be the right one.
  In order to ensure that every step of the process is done properly and in a timely manner. Robert A. Dodell, Attorney At Law, is a skilled and seasoned adoption attorney. He can help you every step of the way and make the entire adoption process as smooth as possible despite the complications and challenges. Hiring an adoption lawyer can be an advantage to you in many ways. It is also the more cost-effective option. Since you are getting advice from a legal standpoint, you have a better chance of getting a favorable response from the court as well. You avoid the unnecessary stress of having to rectify mistakes or having to go through the entire process all over again because of a misstep. To find out more about how an adoption attorney can help you understand the legal procedure of adoption, connect with Robert A. Dodell, by sending him an email message or by calling him up at 480-860-4321 now for a free initial consultation. Robert A. Dodell, Attorney At Law 10601 N Hayden Rd, #I-103 Scottsdale, AZ 85260 (480) 860-4321
The blog post Adoption Attorney Vs An Adoption Agency was originally published to - Robert Dodell 

 Robert A Dodell, Defense Lawyer
10601 N Hayden Rd, #I-103
Scottsdale, AZ 85260
(480) 860-4321